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Home My WebLink AboutNOVEMBER 9, 2004 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District 1 REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District S CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, AWC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 9 NOVEMBER 2004 I. CITY MANAGER'S BRIEFINGS - Conference Room - A. LIBRARY at TCC CAMPUS Joint Use with the City Martha Sims, Director, Department of Libraries CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E- MAIL: Ctycncl@vbgov. com B. TOWN CENTER PHASE III Term Sheet Mark Wawner, Project Manager, Department of Economic Development II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 2:30 P.M. 4:30 P.M. V. FORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor Meyers E. Oberndorf B. INVOCATION: Reverend John H. Jordon Pastor, Retired 6.*PM 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 G. PUBLIC HEARINGS 1. EXCESS CITY -OWNED PROPERTY STATE ROUTE 641, SEDLEY, VIRGINIA 2. LEASE OF CITY -OWNED PROPERTY INDIAN RIVER ROAD and CHESTERBROOK DRIVE Re NEXTEL Communications 3. AGRICULTURAL RESERVE PROGRAM (ARP) CRAGS CAUSEWAY PLEASANT RIDGE ROAD H. AGENDA FOR FORMAL SESSION I. CONSENT AGENDA November 2, 2004 ORDINANCES/RESOLUTION Ordinances to AMEND and REORDAIN the City Code: a. §§ 2-83.1, 2-83.2, 2-83.3, 2-108 and 2-132 re employee probation periods b. §§ 25-6 and 25-8 re daily Pawnbroker's reports to the Chief of Police 2. Ordinances to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) easement development rights: (DISTRICT 7 — PRINCESS ANNE) a. 67.81 acres at Pleasant Ridge Road from James T. and June A. Morris for $311,866 (Installment Agreement No. 2004-63) b. 23.98 acres at Crags Causeway from Frank L. Pecsek for $134,288 (Installment Agreement No. 2004-64) 3. Ordinance to AUTHORIZE a temporary surcharge on taxi cab fares of twenty-five cents (250) per trip which will expire May 9, 2005 re rising gasoline prices. 4. Ordinance to AUTHORIZE and DIRECT the City Manager to execute a Lease with Nextel Communications of the Mid -Atlantic, Inc. re telecommunications facilities for personal wireless equipment at Indian River Road and Chesterbrook Drive. (DISTRICT 1— CENTERVILLE) 5. LAKE GASTON: a. Resolution to AMEND the Comprehensive Relicensing Settlement Agreement for the Roanoke Rapids and Lake Gaston Dam project; and AUTHORIZE and DIRECT the City Manager to execute the Agreement on behalf of the City. b. Ordinance to DECLARE EXCESS PROPERTY adjacent to State Route 641 in the Town of Sedley, Virginia, running parallel to the Gaston water pipeline; and AUTHORIZE the City Manager to execute an Agreement of Sale to the Sedley Volunteer Fire Department, Incorporated. 6. INTEREST -FREE LOANS: a. Ordinance to AMEND and MODIFY an Agreement with Beach Health Clinic re $750,000 dated December 12, 2000. b. Ordinance to APPROPRIATE $1,000,000 from the fund balance to the Virginia Aquarium & Marine Science Foundation, Inc.; and, AUTHORIZE the City Manager to execute a Cooperation Agreement between the City and the Foundation re improvements at the Virginia Aquarium & Marine Science Center. Mn 7. Ordinance to ACCEPT $85,000 from the Federal Emergency Management Agency (FEMA) and APPROPRIATE to the Fire Department's FY2004-05 operating budget re Virginia -Task Force 2, Urban Search and Rescue Team deployment to assist with clean- up for Hurricanes Charley and Jeanne in Florida. PLANNING 1. 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 EMERSON DEVELOPMENT CORPORATION to subdivide one lot into two (2) single-family parcels at 608 Woodstock Road (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: APPROVAL 2. Application of LOWE'S HOME CENTERS, INC. for the Modification o fa Conditional Use Permit for Thomas H. Wilkinson (approved by City Council on January 9, 1996) at 3565 Holland Road. (DISTRICT 3 — ROSE HALL) RECOMMENDATION APPROVAL 3. Applications of STAR OF THE SEA CHURCH at 1404 Pacific Avenue (DISTRICT 6 — BEACH) a. Chafe of Zoning District Classification from A-12 Apartment District and R-5S Residential District to Conditional RT-3 Resort Tourist District b. Conditional Use Permit for a church and accessory uses RECOMMENDATION APPROVAL 4. Application of SBA, INC. for a Conditional Use Permit re a communications tower at 2165 Pungo Ferry Road (DISTRICT 7 — PRINCESS ANNE) DEFERRED INDEFINITELY MAY 28, 2001 and AUGUST 28, 2001 RECOMMENDATION REFERRAL TO PLANNING COMMISSION Application of 7-ELEVEN, INC. for a Conditional Use Permit re an automobile service station (fuel sales) at Aragona Boulevard, between Cleveland Street and Potomac Street (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL 6. Application of GOOD SAMARITAN EPISCOPAL CHURCH for a Conditional Use Permit for a church (expansion) at 848 Baker Road. (DISTRICT 4 — BAYSIDE) RECOMMENDATION APPROVAL 7. Application of PHILLIPS MOTORS OF VIRGINIA BEACH, INC. for a Conditional Use Permit re automobile repair at 4980 Virginia Beach Boulevard. (DISTRICT 4 — BAYSIDE) RECOMMENDATION APPROVAL 8. Application of J. D. and RANDI VOGEL for a Conditional Use Permit for a commercial recreation facility (Holiday display for their Farm Market) at 2388-2400 London Bridge. (DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 9. Application of REVEREND JOSEPH FACURA, ST. MATTHEW'S CHURCH, for a Conditional Use Permit re a school in conjunction with a church (replace portable classrooms with a permanent structure) at 3316 Sandra Lane. (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL 10. Application of DR ROBERT D. VOOGT for a Conditional Use Permit re a facility for the disabled at Old Donation Parkway and First General Parkway. (DISTRICT 5 — LYNNHAVEN) RECOMMENDAITON APPROVAL 11. Application of CHRIS SEWARD for a Change of Zoning District Classification from AG-2 Agricultural District to R-15 Residential District at 304 Porters Island Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 12. Application of HOLLIS ROAD ASSOCIATES, L.L.C. for a Change of Zonink District Classification from R-5R Residential Resort District to Conditional A-24 Apartment District at 4708 and 4712 Hollis Road (DISTRICT 4 — BAYSIDE) RECOMMENDATION APPROVAL L. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) Agenda 11 /04/04\gw www.vbgov.com 9,9�5 Op OU�Nr' O� CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. PUBLIC HEARING XQ SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will �3!L hold a PUBLIC HEARING on the disposition and sale of .90± acre, Tuesday, November 9, 2004 at _ Z 6:00 p.m., in the Council Chamber of the City Hall Building (Building +t#1) at the Virginia Beach Municipal �f mow- Center, Virginia Beach, Virginia. The ;-, property is located adjacent to State Route 641, in the town of ft.aw Sedley, Virginia. The property is a portion of the lands acquired for the Lake Gaston Pipeline Right of Way, but is outside of the normal 100' width required for the pipeline. The purpose of this hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs". If you are physically disabled or visually impaired and need assis- tance at this meeting, please call the CITY CLERK'S OFFICE at (757)427-4303; Hearing impaired, call Virginia Relay at I.-SOO-828-1120. Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757)427-4161. Ruth Hodges Smith, MMC City Clerk Beacon Oct. 31, 2004 12227134 NOTICE OF PUBLIC HEARING - LEASE OF CITY PROPERTY On Tuesday, November 9, 2004, at 6:00 p.m., in the Council Chamber of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a PUBLIC HEARING concerning the proposed lease of City property located on the west side of Indian River Road, 1260 feet north of Chester - brook Drive. The proposed lease area consists of a site approxi- mately 22.50' X 30.60', together with access thereto; to be used for a building housing equipment to be used in conjunction with wireless communication facilities operated by Nextel Communica- tions of the Mid -Atlantic, Inc. If you are physically disabled or visually impaired and need assis- tance at this meeting, please call the CITY CLERK'S OFFICE at 4274303; Hearing impaired, call Virginia Relay at 1-800-828-1120. Any questions concerning this matter should be directed to the Parks and Recreation Department, c/o Dick Nutter, 2408 Court House Drive, Virginia Beach, VA 23456, (757) 563-1127. Ruth Hodges Smith, MMC City Clerk Beacon Oct. 31, 2004 12226291 NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF INSTALLMENT PURCHASE AGREEMENTS FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA NOTICE IS HEREBY GIVEN that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearing with respect to the execu- tion and delivery of Installment Purchase Agreements for the acquisi- tion of agricultural land preservation easements on property located on Crags Causeway and on Pleasant Ridge Road in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95-2319, known as the Agricultural Lands Preservation Ordinance, which establishes an agri- cultural reserve program for the southern portion of the City desig- nated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shaping the character, direction and timing of community development. Such easements will be purchased pursuant to Installment Purchase Agreements for an estimated maximum purchase price of $446,154. The City's obligation to pay the purchase price under the Installment Purchase Agreements is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irre- vocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The Public Hearing, which maybe continued or adjourned, will be held by the City Council on November 9, 2004 at 6.00 p.m. in the City Council Cham- ber located on the 2nd floor of the City Hall Building, 2401 Court- house Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. CITY OF VIRGINIA BEACH, VIRGINIA Ruth Hodges Smith, MMC City Clerk Beacon Oct. 24 & 31, 2004 , 12183516 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2-83.1, 2-83.2, 2-83.3, 2-108 AND 2-132 OF THE CITY CODE PERTAINING TO EMPLOYEE PROBATION PERIODS MEETING DATE: November 9, 2004 ■ Background: Currently, the probation period for City employees, other than sworn police and fire personnel, is six months. Sworn police and fire personnel have a twelve-month probation period. This ordinance would extend the probation period of employees, other than sworn police and fire personnel, from six months to twelve months. The probation period of fire personnel would remain at twelve months, and the probation period of sworn police personnel would be extended from twelve months to fifteen months. The probationary period allows the City to evaluate an employee's on-the-job performance and determine if the employee can adequately demonstrate the knowledge, skills and abilities of the position for which the employee was hired. A recent poll of Department Directors indicated that a twelve-month probation period is desired for all employees, other than sworn police officers, in order to fully evaluate each new hire. The Police Department has requested that the current twelve-month probation period for sworn police officers be extended to fifteen months, which would include the required training of nine months plus six months of on-the-job performance. Finally, the City Code currently permits court leave, jury leave, and funeral leave only for permanent (non -probationary) employees. This ordinance would remove the probationary restriction and instead would grant all full-time merit employees the ability to utilize these types of leave. ■ Considerations: A survey of localities across the state reveals that a probation period of twelve months is common. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachment: Ordinance. Recommended Action: Adoption , ) Submitting Department/Agency: Chief of St ff��Q.Gd� GU City Manage . �''L� 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTIONS 2-83.1, 2-83.2, 2-83.3, 2-108 3 AND 2-132 OF THE CITY CODE PERTAINING 4 TO EMPLOYEE PROBATION PERIODS 5 SECTIONS AMENDED: §H 2-83.1, 2-83.2, 2- 6 83.3, 2-108 AND 2-132 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 That Sections 2-83.1, 2-83.2, 2-83.3, 2-108 and 2-132 of the 10 City Code are hereby amended and reordained to read as follows: 11 Sec. 2-83.1. Court leave. 12 All full-time permanent merit employees of the city shall be 13 eligible to receive paid court leave when summoned to serve as 14 witnesses in nonpersonal litigation. Any fees received by such 15 persons for service as witnesses shall be paid to the city, or an 16 equal amount shall be deducted from the employee's pay. 17 Comment: 18 This amendment will grant court leave to all full-time merit employees, regardless of probationary 19 status. 20 21 Sec. 2-83.2. Funeral leave. 22 All full-time permanent- merit employees of the city shall be 23 eligible to receive leave with pay upon the death of a member of such 24 employee's immediate family not to exceed five (5) working days. Such 25 leave cannot be saved and used at a later date. 26 Comment: 27 This amendment will grant funeral leave to all full-time merit employees, regardless of 28 probationary status. 29 Sec. 2-83.3. Jury leave. 30 All full-time r:Y_..___=n'- merit employees of the city shall be 31 eligible to receive paid jury leave when summoned to serve as jurors. 32 Any fees received by such employees for service as jurors shall be 33 paid to the city or an equal amount shall be deducted from the 34 employee's pay. 35 Comment: 36 This amendment will grant jury leave to all full-time merit employees, regardless of probationary 37 status. 38 39 Sec. 2-108. Probation period of employment. 40 The probation period for employees other than sworn police 41 personnel shall be defined as the initial sim (6) twelve (12) 42 calendar months of employment following an original employment or re- 43 employment. The probation period for sworn police and fire personnel 44 shall be tie-1--;i=e 4— - fifteen (15) calendar months of employment 45 following an original employment or re-employment. However, the 46 probation period for all probation employees shall be extended one 47 (1) pay period for every fifteen (15) consecutive calendar days a 48 probation employee is on injury leave, suspension, leave without pay, 49 or sick leave status. Any salary change which may occur upon 50 completion of the probation period shall not become effective until 51 the first day of the pay period following such completion. 52 Comment: 53 This amendment will extend the probation period of employees, other than sworn police and fire 54 personnel, from six months to twelve months. Fire personnel already have a twelve-month probation 55 period, and their probation period will not change. The probation period of sworn police personnel will 56 increase from twelve months to fifteen months. The change will apply only to those employees hired on or 57 after January 1, 2005. 58 59 Sec. 2-132. Eligibility to utilize grievance procedure. 60 (a) Except as provided in subsection (b), all city employees who are 61 members of the merit service, as defined in section 2-76, and 62 all employees of the constitutional offices (excluding elected 63 officials) by written consent of the elected official, shall be 64 eligible to utilize all phases of the grievance procedure set 65 forth herein. 66 (b) Notwithstanding the provisions of subsection (a), employees 67 (excluding elected officials) who are employed on a temporary, 68 probational, or seasonal basis shall be eligible to utilize such 69 procedure only up to and including step 3 (department director); 70 provided, however, that at no time shall an employee employed on 71 a temporary, probational, or seasonal basis be allowed to appeal 72 a dismissal. For the purpose of this subsection, a probational 73 employee shall be defined as provided in Section 2-108.an 74 empleyee whe- has yet to eempleto the initial tial siaE (6) Eftenths- of 75 empleyment with the—eit{er the heui-1-eEfd-ivajen} few —part —t=ffte 76 empleyees-) with the—eizeeptien of pel-rid f:Ee pests in 77 whieh designated empleyees serve a ene year initial prebatienaicy 78 Femme d whieh f ellewss----any eriginal emp l even t ems re empleyment. 79 . . . : Comment: This amendment cross-references the changes in probation period. Probationary employees may utilize the City's grievance procedure up to Step 3 (department director), but they do not have access to the personnel board. Be it further ordained that this ordinance shall take effect upon adoption, provided, however, that the amendments to Section 2- 108 shall not take effect until January 1, 2005. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of November, 2004. APPROVED AS TO CONTENT: APPROVED AS TO SUFFICIENCY: Chief of Staff v City Attorney's Office CA-9263 R-7 October 26, 2004 GG/Ords/Proposed/02-108ORD Oct rev.doc LEGAL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend and Reordain the City Code Pertaining To Reports to Chief of Police and Pawnbroker's Records SECTIONS AMENDED: §§ 25-6 and 25-8 MEETING DATE: November 9, 2004 ■ I ■ Background: The City regulates pawnshops and requires pawnbrokers to provide the police department with daily reports on loans and transactions. State law permits such reports to be made in writing or to be submitted in an electronic format. Considerations: Pawnbrokers will be permitted to maintain records and reports in an electronic format that can be provided to police by electronic means. The punishment for violating §25-6 is established as a Class 4 misdemeanor as provided by state law. All of these proposed changes are housekeeping matters that make these sections of the City Code track the language of the Virginia Code. Recommendations: Approval of the proposed ordinance. ■ Attachments: Ordinance Recommended Action: Submitting Department/Agency: City Manager. V-- Adoption of Ordinance City Attorney/Police4L-G 1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY 2 CODE PERTAINING TO CHIEF OF POLICE AND 3 PAWNBROKER'S RECORDS 4 SECTIONS AMENDED: §§ 25-6 and 25-8 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 7 BEACH, VIRGINIA: 8 That §§25-6 and 25-8 of the City Code are hereby amended and 9 reordained, to read as follows: 10 Sec. 25-6. Daily reports to chief of police. 11 (a) All pawnbrokers, secondhand dealers and junk dealers 12 shall furnish daily, by 1:00 p.m., to the chief of police, a true 13 and correct report, inplainlegible haterin , of all 14 merchandise or junk purchased, sold, bartered or exchanged or 15 otherwise coming into his possession, during the preceding twenty- 16 four (24) hours, except such as is purchased at public auction, 17 describing the merchandise or junk as accurately as possible. The 18 report may be presented in either legible writing or in an 19 electronic format. 20 (b) A violation of this section shall constitute a Class 3 4 21 misdemeanor. 22 COMMENT 23 This amendment permits pawnbrokers, secondhand dealers and junk dealers to submit reports 24 in an electronic format. The penalty provision is revised to make violations a Class 4 misdemeanor 25 (punishable by no more than a $250 fine) in conformity with state law. 1 Sec. 25-8. Pawnbroker's records. 26 (a) Every pawnbroker shall keep at his place of business a 27 book or books, in which shall be fairly written in English, at the 28 time of each loan or transaction in the course of his business, an 29 accurate and legible account recorded at the time of such loan or 30 transaction, setting forth: 31 (1) A description, (serial number and statement of ownership) 32 of the goods, article or thing pawned or pledged or received on 33 account of money loaned thereon; 34 (2) The fie, time, date and place of receiving theme 35 transaction; 36 (3) The amount of money loaned thereon at the time of the 37 pledging of the same or paid as the purchase price; 38 (4) The rate of interest to be paid on such loan; 39 (5) The fees charged by the pawnbroker, itemizing each fee 40 charged; 41 -{S5 (6) The full name, residence address, 42 and telephone number-&, and driver's license number or other 43 form of identification of the person pawning or pledging or selling 44 the goods, article or thing, together with a particular 45 description, including the height, weight, date of birth, race, 46 gender, hair and eye color, and any other identifying marks of such 47 person; 2 48 4-6+(7) Verification of the identification by the exhibition 49 of a government -issued identification card such as a driver's 50 license or military identification card. The record shall contain 51 the type of identification exhibited, the issuing agency, and the 52 number thereon; 53 4-7+(8) As to loans, t-The terms and conditions of the loan, 54 including the period for which any such loan may be made; and 55 4-8+ (9) All other facts and circumstances respecting such 56 loan. 57 (b) The chief of police shall promulgate regulations 58 specifying the nature of the particular description for the 59 purposes of subsection (5) above and he shall promulgate 60 regulations specifying the nature of identifying credentials of the 61 person pawning or pledging the goods. Such credentials shall be 62 examined by the pawnbroker and an appropriate record retained 63 thereof. 64 (c) The beek er beeke records, either written or electronic, 65 required to be kept by this section shall, at all reasonable times, 66 be open to inspection by judges of the criminal courts and all law- 67 enforcement officers. If maintained electronically, a pawnbroker 68 shall retain the electronic records for at least one year after the 69 date of the transaction. 70 (d) For each loan or transaction, a pawnbroker may charge a 71 service fee for making the daily electronic reports to the 3 72 appropriate law -enforcement officers, creating and maintaining the 73 electronic records required under this section, and investigating 74 the legal title to property being pawned or pledged or purchased. 75 Such fee shall not exceed five percent of the amount loaned on such 76 item or paid by the pawnbroker for such item or $3, whichever is 77 less. 78 (e) Any person, firm or corporation violating any provision 79 of this section shall be guilty of a Class 4 misdemeanor. 80 COMMENT This amendment mirrors the language used in Virginia Code §54.14009. The most significant changes authorize electronic record keeping and permit pawnbrokers to charge a fee for record keeping and reporting. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 2004. APPROVED AS TO CONTENTS: ya�� 'J. - 6 9 �=a Police Departmen APPROVED AS TO LEGAL SU FICIENCY: City t t o ey Office CA-9030 DATA/ORDIN/PROPOSED/25-06&08ord.doc R10 October 14, 2004 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $311,866 (Property of James T. and June A. Morris) MEETING DATE: November 9, 2004 ■ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eight (8) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. ■ Considerations: The subject property consists of two (2) parcels of land having approximately 67.81 acres outside of marshland or swampland. It is owned by James T. Morris and June A. Morris. Under current development regulations, there is a total development potential of three (3) single-family dwelling building sites, none of which would be reserved for future development. Thus, the preservation easement acquired by the City would cover all 67.81 acres. The site, which is shown on the attached Location Map, is located on Pleasant Ridge Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $311,866. This price is the equivalent of approximately $4,599 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.50% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.50% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office); area map showing location of property. Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manage rl. a�j I � . 6"6'A2Z 1 2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 3 AGRICULTURAL LAND PRESERVATION EASEMENT AND 4 THE ISSUANCE BY THE CITY OF ITS CONTRACT 5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 6 $311,866 7 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation 10 Ordinance (the "Ordinance"), Appendix J of the Code of the City of 11 Virginia Beach, there has been presented to the City Council a 12 request for approval of an Installment Purchase Agreement (the form 13 and standard provisions of which have been previously approved by 14 the City Council, a summary of the material terms of which is 15 hereto attached, and a true copy of which is on file in the City 16 Attorney's Office) for the acquisition of the Development Rights 17 (as defined in the Installment Purchase Agreement) on certain 18 property located in the City and more fully described in Exhibit B 19 of the Installment Purchase Agreement for a purchase price of 20 $311,866; and 21 WHEREAS, the aforesaid Development Rights shall be acquired 22 through the acquisition of a perpetual agricultural land 23 preservation easement, as defined in, and in compliance with, the 24 requirements of the Ordinance; and 25 WHEREAS, the City Council has reviewed the proposed terms and 26 conditions of the purchase as evidenced by the Installment Purchase 27 Agreement; 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 1. The City Council hereby determines and finds that the 31 proposed terms and conditions of the purchase of the Development 32 Rights pursuant to the Installment Purchase Agreement, including 33 the purchase price and manner of payment, are fair and reasonable 34 and in furtherance of the purposes of the Ordinance, and the City 35 Manager or his designee is hereby authorized to approve, upon or 36 before the execution and delivery of the Installment Purchase 37 Agreement, the rate of interest to accrue on the unpaid principal 38 balance of the purchase price set forth hereinabove as the greater 39 of 4.5% per annum or the per annum rate which is equal to the yield 40 on United States Treasury STRIPS purchased by the City to fund such 41 unpaid principal balance; provided, however, that such rate of 42 interest shall not exceed 6.50% unless the approval of the City 43 Council by resolution duly adopted is first obtained. 44 2. The City Council hereby further determines that funding 45 is available for the acquisition of the Development Rights pursuant 46 to the Installment Purchase Agreement on the terms and conditions 47 set forth therein. 48 3. The City Council hereby expressly approves the 49 Installment Purchase Agreement and, subject to the determination of 50 the City Attorney that there are no defects in title to the 51 property or other restrictions or encumbrances thereon which may, 52 in the opinion of the City Attorney, adversely affect the City's 53 interests, authorizes the City Manager or his designee to execute 2 54 and deliver the Installment Purchase Agreement in substantially the 55 same form and substance as approved hereby with such minor 56 modifications, insertions, completions or omissions which do not 57 materially alter the purchase price or manner of payment, as the 58 City Manager or his designee shall approve. The City Council 59 further directs the City Clerk to affix the seal of the City to, 60 and attest same on, the Installment Purchase Agreement. The City 61 Council expressly authorizes the incurrence of the indebtedness 62 represented by the issuance and delivery of the Installment 63 Purchase Agreement. 64 4. The City Council hereby elects to issue the indebtedness 65 under the Charter of the City rather than pursuant to the Public 66 Finance Act of 1991 and hereby constitutes the indebtedness a 67 contractual obligation bearing the full faith and credit of the 68 City. WIJ 70 Adoption requires an affirmative vote of a majority of all 71 members of the City Council. 72 73 Adopted by the Council of the City of Virginia Beach, 74 Virginia, on this day of , 2004. 75 76 77 CA-9405 78 H:/OID/Ordin/ARPmatters/morrisord.doc 79 R-2 80 October 11, 2004 91 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 APPROVED Agricuiture APPROVED AS TO LEGAL SUFFIC ENCY: City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: - . .inance wv 1! AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO.2004-63 SUMMARY OF MATERIAL TERMS SELLER: MORRIS, James T. & June A. PROPERTY LOCATION: Pleasant Ridge Road, Princess Anne District PURCHASE PRICE: $311,866 EASEMENT AREA: 67.81 acres, more or less DEVELOPMENT POTENTIAL: 3 single-family dwelling sites (3 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.50% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.50% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. nerss cn v N O N O O .A O N 0 O MM% _ Fn m CD 2) QL a:) CD i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing Preservation Easement and Obligations in the Maximum Pecsek) MEETING DATE: November 9, 2004 the Acquisition of an Agricultural Land the Issuance by the City of its Contract Amount of $134,288 (Property of Frank L. ■ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eight (8) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. ■ Considerations: The subject property consists of one (1) parcel of land having approximately 23.98 acres outside of marshland or swampland. It is owned by Frank L. Pecsek. Under current development regulations, there is a total development potential of two (2) single-family dwelling building sites, none of which would be reserved for future development. Thus, the preservation easement acquired by the City would cover all 23.98 acres. The site, which is shown on the attached Location Map, is located on Crags Causeway, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $134,288. This price is the equivalent of approximately $5,600 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.50% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.50% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office); area map showing location of property. Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manager: 5 � — 1 2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 3 AGRICULTURAL LAND PRESERVATION EASEMENT AND 4 THE ISSUANCE BY THE CITY OF ITS CONTRACT 5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 6 $134,288 7 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation 10 Ordinance (the "Ordinance"), Appendix J of the Code of the City of 11 Virginia Beach, there has been presented to the City Council a 12 request for approval of an Installment Purchase Agreement (the form 13 and standard provisions of which have been previously approved by 14 the City Council, a summary of the material terms of which is 15 hereto attached, and a true copy of which is on file in the City 16 Attorney's Office) for the acquisition of the Development Rights 17 (as defined in the Installment Purchase Agreement) on certain 18 property located in the City and more fully described in Exhibit B 19 of the Installment Purchase Agreement for a purchase price of 20 $134,288; and 21 WHEREAS, the aforesaid Development Rights shall be acquired 22 through the acquisition of a perpetual agricultural land 23 preservation easement, as defined in, and in compliance with, the 24 requirements of the Ordinance; and 25 WHEREAS, the City Council has reviewed the proposed terms and 26 conditions of the purchase as evidenced by the Installment Purchase 27 Agreement; 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 1. The City Council hereby determines and finds that the 31 proposed terms and conditions of the purchase of the Development 32 Rights pursuant to the Installment Purchase Agreement, including 33 the purchase price and manner of payment, are fair and reasonable 34 and in furtherance of the purposes of the Ordinance, and the City 35 Manager or his designee is hereby authorized to approve, upon or 36 before the execution and delivery of the Installment Purchase 37 Agreement, the rate of interest to accrue on the unpaid principal 38 balance of the purchase price set forth hereinabove as the greater 39 of 4.5% per annum or the per annum rate which is equal to the yield 40 on United States Treasury STRIPS purchased by the City to fund such 41 unpaid principal balance; provided, however, that such rate of 42 interest shall not exceed 6.50% unless the approval of the City 43 Council by resolution duly adopted is first obtained. 44 2. The City Council hereby further determines that funding 45 is available for the acquisition of the Development Rights pursuant 46 to the Installment Purchase Agreement on the terms and conditions 47 set forth therein. 48 3. The City Council hereby expressly approves the 49 Installment Purchase Agreement and, subject to the determination of 50 the City Attorney that there are no defects in title to the 51 property or other restrictions or encumbrances thereon which may, 52 in the opinion of the City Attorney, adversely affect the City's 53 interests, authorizes the City Manager or his designee to execute 2 54 and deliver the Installment Purchase Agreement in substantially the 55 same form and substance as approved hereby with such minor 56 modifications, insertions, completions or omissions which do not 57 materially alter the purchase price or manner of payment, as the 58 City Manager or his designee shall approve. The City Council 59 further directs the City Clerk to affix the seal of the City to, 60 and attest same on, the Installment Purchase Agreement. The City 61 Council expressly authorizes the incurrence of the indebtedness 62 represented by the issuance and delivery of the Installment 63 Purchase Agreement. 64 4. The City Council hereby elects to issue the indebtedness 65 under the Charter of the City rather than pursuant to the Public 66 Finance Act of 1991 and hereby constitutes the indebtedness a 67 contractual obligation bearing the full faith and credit of the 68 City. 69 70 Adoption requires an affirmative vote of a majority of all 71 members of the City Council. 72 73 Adopted by the Council of the City of Virginia Beach, 74 Virginia, on this day of , 2004. 75 76 77 CA-9406 78 H:/OID/Ordin/ARPmatters/pecsek.ord.doc 79 R-2 80 October 11, 2004 3 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 APPROVEJ AS TO C NTENT: Agricultu4e Departmen APPROVED AS TO LEGAL SUFFICIENCY: YV City ttorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: - ;Ctor of Finance 0 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO.2004-64 SUMMARY OF MATERIAL TERMS SELLER: PECSEK, Frank L.. PROPERTY LOCATION: Crags Causeway, Princess Anne District PURCHASE PRICE: $134,288 EASEMENT AREA: 23.98 acres, more or less DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (2 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.50% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.50% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. MW 00 N LO I 00 I 00 M C .Q (D N N U N CL co L. U. m CRAG 0 a a 0 0 0 u Ill =�y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Taxi Cab Fare Surcharge MEETING DATE: November 9th, 2004 ■ Background: In a letter received on August 13th, six taxi cab companies asked the Mayor and City Council to approve a temporary $1.00 gas surcharge per taxi trip. The companies proposed the surcharge sunset once the price of midgrade gasoline falls below $1.50. The companies state that rising gas prices make it "all but impossible" for taxi companies to absorb the increase in costs without raising rates. The City Council approved a fare increase in their January 141h 2003 Council Meeting. Fares were increased from $1.60 per mile to $1.84 per mile. The waiting fees were also increased from $.20 per minute to $.23 per minute. These increases were due to increases in gasoline and insurance costs, labor increases, and keeping up with rate increases in other jurisdictions. An analysis by Management Services shows that gas rates have increased by approximately 19 percent over the past six months. This increase is beyond the levels used to determine the fare increases last January. In order to offset the gas price increase, the analysis shows that a surcharge would have to be set at approximately $.25. After notifying the cab companies of the analysis, the City received a letter from the cab companies stating that they are satisfied with a $.25 surcharge. ■ Considerations: AAA travel service provides a gas price comparison for the Norfolk -Virginia Beach -Newport News area displaying average prices of gasoline for the region. AAA reports that a gallon of mid -grade gasoline was priced at $1.58 a year ago and currently averages $1.88, a 19% increase. After calling each of the taxi companies, information was obtained as to how much gas the avera a driver uses Der day and how many passengers are picked up each day. Company Average Gallons per Day Average Passengers per Day Beach Taxi 15 25-30 A-1 10 to 15 20 Andy's Taxi 10 6 to 7 Diamond 7 to 14 4 to 7 American Taxi 14 to 15 15 Yellow Cab 14 to 15 16 TOTALS1 12.871 15.12 If every cab could pick up at least 15 passengers per day (for only 5 days of the week), they would be taking in $3,900 per year with the proposed dollar surcharge. This is $2,886 more than the increased cost of fuel. To break even at $1,014, the surcharge would be set at $.26, assuming 15 passengers per day, for five days a week, 52 weeks a year. It should be noted that taxi rates in the City of Virginia Beach are fairly in line with rates in other jurisdictions (see attached chart). ■ Public Information: Public Information will be handled through the normal agenda process. ■ Alternatives: The council has three different options: 1) Approve a $1 surcharge per trip. 2) Approve a $.25 surcharge per trip. 3) Approve no surcharge or fare increase. In addition, the Council must also consider the length of the surcharge. The taxi companies have requested at least six months before revisiting the issue. The Council could make any surcharge longer or shorter in time. ■ Recommendations: City staff recommends that a temporary surcharge of $.25 with a sunset 6 months from the date of the ordinance. ■ Attachments: 1) Letter from Yellow Cab and taxi companies to Mayor and Council 2) Letter from Yellow Cab and taxi companies to Catheryn Whitesell 3) Chart of taxi rates in Virginia Beach and other jurisdictions. 4) Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager: )L . 1 AN ORDINANCE TO AUTHORIZE A TEMPORARY 2 SURCHARGE ON TAXI CAB FARES OF 25 CENTS 3 PER TRIP 4 WHEREAS, the City of Virginia Beach regulates taxicab rates 5 in the city and has determined that rising gasoline prices over 6 the past twelve months merit an increase in taxicab charges. 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 8 OF VIRGINIA BEACH, VIRGINIA: 9 1. That taxi companies operating within Virginia Beach 10 pursuant to a certificate issued by the chief of police are 11 hereby authorized to impose an additional twenty-five cent 12 surcharge on each trip made, in addition to the rates authorized 13 by City Code § 36-172. 14 2. That the authorization for this surcharge will expire on 15 May 9th 2005, six months from the date of adoption of this 16 ordinance. 17 18 Accepted by the Council of the City of Virginia Beach, 19 Virginia on the day of , 2004. Approved as to Content: Management Services Approved as to Legal Sufficiency: City Attorney's Office Fellow Cab of Virginia Beach, Inc 1122 Priddy Lane, RO. Box 5340 Virginia Beaeh, Va. 23471 Phone: (757) 460-OSI I Honorable Mayor Myra Oberndorf Members, Virginia Beach City Council RE: Urgent request for approval of "Gas Surcharge" for Independent Taxi Drivers of Virginia Beach. It becomes increasingly more difficult for the Virginia Beach Taxi Companies to provide a reasonable service level for the taxi riding citizens of Virginia Beach. Gas prices have risen to record levels and, based on current news reports, prices are expected to continue to rise. At the current gas prices our Independent Taxi Drivers find their income reduced to a point that they are having to consider alternate methods of making a living. This comes at the very time that Taxi Companies are trying to add drivers and vehicles to handle the increased passenger volume of the summer season. The Taxi Industry has experienced a large increase in Insurance cost since the 9/11 terrorist attacks. This added financial burden of record high gasoline prices makes it all but impossible for the Taxi Companies to absorb this large additional expense, therefore we have no alternative but to ask our City Council for relief to our contract drivers. Unlike most businesses, our contract drivers can not pass along their additional overhead to their consumers without the approval of our City Council. You have, in the past, approved a temporary gas "Surcharge" when we experienced excessive gas price hikes. The current gas price likes are a historical record high. We, therefore, urgently request your approval of a temporary"Gas Surcharge" of $1.00 per taxi trip. This $1.00 surcharge would be added to the trip meter fare, and each cab would have a notice posted on the dash (visible to the passenger), stating that the surcharge is included in the meter fare, and that the surcharge was approved by the City Council. This action would give the Independent Driver some relief, and 100% of the surcharge would go to the Independent Driver. further request this surcharge, if approved, remain in effect until local gas prices fall to $ l .50 (mid -trade) per gallon or lower, or until City Council approves a meter rate increase that would off -set this extreme burden on our contract drivers. Your consideration of this request at the earliest possible time will be greatly appreciated by the Virginia Beach Taxi Companies and our Independent Contract Drivers. Page 1 PAGE 2 ( Continuation) RE: Urgent request for approval of" Gas Surcharge " for Independent Taxi Drivers of Virginia Beach. CincereIv 1. Andvs taxi ( Signature 2. A-1 Cab Inc. ( Signature 3. Beach Taxi Inc ( Signature 4, Diamond Taxi ( Signature 5. American Taxi ( Signature 6. Yellow Cab of Virginia Beach Inc. ( Signature `r ellow Cab of Virginia each Inc. 1122 Priddy Lane, Virginia Beach, Va 23455 September 23, 2004 Catheryn Whitesell Director of Management Services City of Virginia Beach Subject: Taxi cab fare surcharge Dear Ms. Whitesell, After receiving your letter dated September 2, 2004 and discussing the issue with the other Virginia Beach cab companies, we request that you go forward with the proposal to city council for the $.25 gas surcharge per fare. You have advised that if city council approves this surcharge it would have a sunset date approximately six months from now. We would ask that your office evaluate the cost of gas again before the expiration of the surcharge. If the price of mid -grade gas hasn't dropped below $1.58 per gallon, we ask that the surcharge be extended for an additional six months. Sincerely, Yellow Cab of Virginia Beach Inc. Beach Taxi Inc. Diamond Taxi American Taxi Andy's Taxi A-1 TAXI <z�no CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing and Directing the City Manager to Execute a Lease Between Nextel Communications of the Mid -Atlantic, Inc. and the City for Certain Property to be Used for Telecommunications Facilities MEETING DATE: November 9, 2004 ■ Background: Since October 1998, Nextel Communications of the Mid -Atlantic, Inc. ("Nextel") has leased from the City of Norfolk a small area on the west side of Indian River Road, north of Chesterbrook Drive, for purposes of maintaining an accessory building housing equipment used in conjunction with certain personal wireless telecommunication facilities placed on an existing VEPCO transmission tower located adjacent to the area to be leased. The leased area is part of the Stumpy Lake property Virginia Beach purchased from Norfolk; since the purchase, Nextel has paid rent to Virginia Beach under the lease between Nextel and Norfolk. That lease expired in October 2003, and the City and Nextel have negotiated a new lease. ■ Considerations: The proposed lease is for a 22.50' X 30.60' area, together with necessary access and maintenance easements, on which the building housing the necessary equipment associated with the wireless antenna is to be located. Because the antenna itself will be located on an existing VEPCO transmission tower, no lease is needed for the antenna itself. The proposed lease is for a term of five (5) years and contains no right of renewal; hence, the proposed lease need not be the subject of a bid process. The proposed rent will be increased from $3,000 per year under the Norfolk lease to $10,800 per year, with further annual in the amount of 4%. Other of the material terms are set forth in the attached Summary of Material Terms. One of those terms requires Nextel to comply with all terms and conditions of the conditional use permit authorizing the use. ■ Public Information: The public hearing on the proposed lease has been advertised one time, in accordance with applicable requirements of law. ■ Alternatives: The City Council may either approve or disapprove the proposed lease. Given that (1) the proposed leased area and equipment building are very small; (2) the operation of the facilities will have no impact on City operations; (3) the use is subject to the conditional use permit as well as the lease, and any expansions will require a new or modified use permit; and (4) the City is to receive a significant increase in rent as well as a substantial improvement in the appearance of the site, the Staff recommends approval of the lease. ■ Recommendations: Adoption of ordinance. ■ Attachments: Ordinance, Summary of Material Terms. A full copy of the lease is available in the City Attorney's Office. Recommended Action: Approval Submitting Department/Agency: Parks and Recreation Department City Manager: 1 2 3 4 5 6 8 9 10 11 12 13 14 15 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN NEXTEL COMMUNICATIONS OF THE MID -ATLANTIC, INC. AND THE CITY FOR CERTAIN PROPERTY TO BE USED FOR TELECOMMUNICATIONS FACILITIES WHEREAS, the City of Virginia Beach (the "City") is the owner of certain property located on the west side of Indian River Road, approximately 1,260 feet north of Chesterbrook Drive (Centerville District), consisting of approximately 688 square feet (the "Property"); and WHEREAS, Nextel Communications of the Mid -Atlantic, Inc. 16 ("Nextel"), desires to lease the aforesaid property, together with 17 easements for vehicular and pedestrian access and the 18 installation, maintenance and replacement of necessary utilities, 19 wiring, cables and other conduits, for purposes of maintaining 20 and operating an accessory building housing equipment to be used 21 in conjunction with certain personal wireless telecommunications 22 facilities; and 23 WHEREAS, City staff has determined that the Property is 24 suitable for such purposes; and 25 WHEREAS, subject to the approval of the City Council, 26 Nextel and City staff have agreed upon the terms of a proposed 27 lease setting forth the responsibilities and obligations of the 28 parties; 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 That the City Manager is hereby authorized and directed 32 to execute, on behalf of the City, the lease entitled GROUND LEASE 33 AGREEMENT (ST. MATTHEWS SITE), CITY OF VIRGINIA BEACH, LESSOR AND 34 NEXTEL COMMUNICATIONS OF THE MID -ATLANTIC, INC., LESSEE, NOVEMBER 35 9, 2004" a summary of the material terms of which is hereto 36 attached and a copy of which is on file in the Office of the City 37 Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the day of 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 CA-9417 OID\Land Use\telecomm\nextel st matthews.doc R-1 October 26, 2004 APPROVED AS TO CONTENT: De artme f P s and Recreation 2004. APPROVED AS TO LEGAL SUFFICIENCY: City Attorneys 6ffice 0 NEXTEL LEASE AGREEMENT Summary of Material Terms Location: West side of Indian River Road, approx. 1,260 feet north of Chesterbrook Drive Lessee: Nextel Communications of the Mid -Atlantic, Inc. Leased Area: 22.50' x 30.60' site, with access and maintenance easements, for accessory outbuilding housing telecommunications equipment Term: Five years with no right of renewal Rent: $10,800 per year (first year), payable in advance, with annual 4% increase Other: Lessee required to install and maintain in good condition four Southern Wax Myrtles as screening from Indian River Road and to regularly mow grass on site Lessee's operation not to interfere with City functions; Lessee must correct within reasonable time or cease use to extent necessary to remedy interference Lessee required to comply with all terms of conditional use permit Lessee required to carry $1,000,000 comprehensive insurance, plus other insurances Lessee required to indemnify City for injuries, etc., caused by Lessee's negligence, etc. Lessee must remove antennas and building and restore premises to original condition within 90 days of expiration or termination of lease Security Deposit of $7,000 required Lessee to reimburse City for cost of public notice CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving an Amendment to the Comprehensive Relicensing Settlement Agreement for the Roanoke Rapids and Gaston Dam Project and Authorizing and Directing the City Manager to Execute the Amendment on Behalf of the City. MEETING DATE: November 9, 2004 ■ Background: In May 2003, City Council authorized the City Manager to execute a Settlement Agreement that had been negotiated by all major stakeholders participating in the Federal Energy Regulatory Commission (FERC) relicensing of the Lake Gaston and Roanoke Rapids Reservoir hydroelectric project. Dominion Power submitted the Settlement Agreement to the FERC in July 2003. The FERC made a finding that the agreement was in the public interest in December 2003, and issued a new license in March 2004. The terms and conditions in the new license articles were not identical to those that had been submitted as part of the Settlement Agreement. In an effort to draft license articles that would be shorter and easier to administer, the FERC staff paraphrased and reworded the proposed license articles that had been provided by the stakeholders. This translation inadvertently produced a number of inconsistencies, and many details that were important to various stakeholders were omitted, as well. The stakeholders petitioned the FERC to reconsider and in June 2004, the FERC convened a technical conference. In the technical conference and coordination that occurred thereafter, FERC staff and the stakeholders agreed upon revised license articles that satisfied the technical concerns of FERC staff but also were substantively the same as those agreed to by the stakeholders. ■ Considerations: An amendment to the Settlement Agreement is necessary to replace the proposed license articles contained in Appendix A of the Settlement Agreement with the revised license articles agreed upon by the stakeholders and FERC staff. While most of the revisions involved issues that did not impact Virginia Beach, there were a few minor areas of concern. The City was successful in obtaining all the changes necessary to make the revised articles functionally equivalent to those that had been approved by Council in May 2003. This amendment will not increase or alter Virginia Beach's obligations or interests pursuant to the Settlement Agreement. ■ Public Information: This ordinance has been advertised in the same manner as other items on Council's agenda. ■ Alternatives: The alternative to approval would be to reject the amendment. This would extend the relicensing process and put Virginia Beach at odds with all other stakeholders in the proceeding (including North Carolina and Dominion Power). ■ Recommendations: Adoption of resolution and execution of the amendment ■ Attachments: Resolution, amendment, summary of material terms of settlement agreement. Recommended Action: Approval Submitting Department/Agency: Department of Public Utilities4�&T''IOLJ City Manager:� l<,- . Lyv� 1 A RESOLUTION APPROVING AN AMENDMENT TO THE 2 COMPREHENSIVE RELICENSING SETTLEMENT 3 AGREEMENT FOR THE ROANOKE RAPIDS AND GASTON 4 DAM PROJECT AND AUTHORIZING AND DIRECTING 5 THE CITY MANAGER TO EXECUTE THE AMENDMENT ON 6 BEHALF OF THE CITY 7 8 9 WHEREAS, various stakeholders in the Roanoke Rapids and 10 Gaston Dam Project (the "Project"), including the City of 11 Virginia Beach, Virginia Electric and Power Company, d/b/a 12 Dominion Virginia Power/North Carolina Power ("Dominion"), the 13 State of North Carolina and others, previously entered into a 14 Settlement Agreement in June 2003, which resolved all issues 15 among the stakeholders related to Dominion's Application for a 16 new license to operate the Project; and 17 WHEREAS, the stakeholders included in the Settlement 18 Agreement proposed certain license articles setting forth the 19 terms and conditions that the stakeholders requested FERC to 20 include, without modification, in the new license; and 21 WHEREAS, Dominion filed an Offer of Settlement proposing 22 approval of the Settlement Agreement, including adoption of the 23 proposed license articles, with the Federal Energy Regulatory 24 Commission ("FERC") on July 15, 2003; and 25 WHEREAS, on March 31, 2004, FERC issued an order granting a 26 new license to Dominion that did not adopt the proposed license 27 articles without modification; and 28 WHEREAS, certain of the stakeholders sought a rehearing of, 29 and proposed revisions to, the new license in order to 30 accurately implement the terms of the Settlement Agreement; and 31 WHEREAS, FERC held a Technical Conference on June 16 and 32 17, 2004 to discuss revisions to the license articles proposed 33 upon rehearing; and 34 WHEREAS, the stakeholders, in consultation with FERC Staff, 35 have prepared revised license articles that reflect fully the 36 duties and obligations agreed to under the Settlement Agreement 37 and adequately address the Commission's statutory functions; and 38 WHEREAS, to that end, the stakeholders have agreed upon the 39 terms of Amendment Number 1 to the Comprehensive Relicensing 40 Settlement Agreement for the Roanoke Rapids and Gaston Dam 41 Project FERC Project No. P-2009 ("Amendment Number 1"), a true 42 copy of which is hereto attached; and 43 WHEREAS, Amendment Number 1 authorizes Dominion to file 44 with the FERC on behalf of the stakeholders an Offer of 45 Settlement in which Dominion will request that the Commission, 46 on rehearing, replace certain articles of the license issued by 47 FERC with the revised license articles agreed upon by the 48 stakeholders; 49 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 50 OF VIRGINIA BEACH, VIRGINIA: 2 51 That the City Council hereby approves Amendment Number 1, 52 and hereby authorizes and directs the City Manager to execute 53 the same on behalf of the City. 54 Adopted by the City Council of the City of Virginia Beach, 55 Virginia, on the day of , 2004. 56 57 CA-9413 58 WMM/OID/ordres/LGamendmentres.doc 59 R-1 60 October 26, 2004 61 62 63 64 65 APPROVED AS TO CON NT: APPROVED AS TO LEGAL SUFFIC NCY: 6667 S 68 69 Public Utilities Departm t City At orney's Office 3 Amendment Number 1 to the Comprehensive Relicensing Settlement Agreement for the Roanoke Rapids and Gaston Hydroelectric Project FERC Project No. 2009 This Amendment to the Comprehensive Relicensing Settlement Agreement for the Roanoke Rapids and Gaston Hydroelectric Project ("Settlement Agreement") is made and entered into by Virginia Electric and Power Company, doing business as Dominion Virginia Power/North Carolina Power ("Dominion"), City of Virginia Beach, Virginia, City of Roanoke Rapids, North Carolina, Dominion North Carolina Power, Lake Gaston Association, North Carolina Department of Environment, and Natural Resources, North Carolina Wildlife Resources Commission, Regional Partnership of Local Governments, Roanoke River Basin Association, The Nature Conservancy, U.S. Department of Commerce, National Oceanic and Atmospheric Administration, U.S. Department of the Interior, U.S. Fish and Wildlife Service, Virginia Department of Environmental Quality, Virginia Department of Game and Inland Fisheries, Virginia Department of Historic Resources (the "Parties"). WHEREAS, the Parties have previously entered into the Settlement Agreement in June 2003, which resolved all issues among the Parties related to Dominion's Application for New License; WHEREAS, the Parties included in the Settlement Agreement Proposed License Articles, which set forth the terms and conditions that the Parties requested FERC to include, without modification, in the new license; WHEREAS, Dominion filed an Offer of Settlement proposing approval of the Settlement Agreement, including adoption of the Proposed License Articles, with the Federal Energy Regulatory Commission ("FERC" or "the Commission") on July 15, 2003; WHEREAS, FERC on March 31, 2004, issued an order granting a new license to Dominion, Virginia Electric and Power Company, dba Dominion Virginia Power/Dominion North Carolina Power, 106 FERC 162,245 (2004) ("New License"), that did not adopt the Proposed License Articles without amendment; WHEREAS, pursuant to Section 5 of the Settlement Agreements, some Parties sought rehearing of and proposed revisions to the New License to accurately implement the terms of the Settlement Agreement; WHEREAS, the Commission held a Technical Conference on June 16 and 17, 2004 to discuss revisions to the license articles proposed on rehearing; and WHEREAS, the Parties, in consultation with Commission Staff, have prepared Revised License Articles (attached hereto as Appendix A) that reflect fully the duties and obligations agreed to under the Settlement Agreement and adequately address the Commission's statutory functions; Amendment Number 1 to the Comprehensive Relicensing Settlement Agreement for the Roanoke Rapids and Gaston Hydroelectric Project FERC Project No. 2009 Page 2 of 19 NOW THEREFORE, the Parties agree to the following: The Parties authorize Dominion to file with the Commission on their behalf an Offer of Settlement in which Dominion will request that the Commission, on rehearing, replace the Articles 401-428 as contained in the New License with the Revised License Articles. 2. Pursuant to General Procedures Section 7 of the Settlement Agreement, the Parties hereby agree to amend the Settlement Agreement to replace the Proposed License Articles in Appendix A with the Revised License Articles, to be effective on the date that the Commission issues an order incorporating the Revised License Articles into the new license without modification. 3. The Parties agree that nothing in Amendment Number 1 to the Comprehensive Relicensing Settlement Agreement for the Roanoke Rapids and Gaston Dam Project FERC Project No. 2009 will prohibit the State of North Carolina from proceeding on its pending Request for Rehearing, including, for example, any petition for review or offer of settlement based on that Request, to the extent that Request regards the State's water quality certification. IN WITNESS WHEREOF, the Parties have caused this Amendment Number 1 to the Comprehensive Relicensing Settlement Agreement for the Roanoke Rapids and Gaston Dam Project to be executed by their duly authorized officers. For Virginia Electric and Power Company doing business as Dominion Virginia Power/Dominion North Carolina Power: Signature: Name: David. A. Heacock Title: Vice President, Fossil and Hydro Date: Amendment Number 1 to the Comprehensive Relicensing Settlement Agreement for the Roanoke Rapids and Gaston Hydroelectric Project FERC Project No. 2009 Page 18 of 19 For The City of Virginia Beach, Virginia: ATTEST: James K. Spore, City Manager City Clerk Approved as to Legal Sufficiency: Deputy City Attorney COMMONWEALTH OF VIRGINIA AT LARGE, to -wit: go Approved as to Content: Director, Department of Public Utilities The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this day of , 20 , by James K. Spore, City Manager of the City of Virginia Beach, Virginia, and attested to by , City Clerk of the City of Virginia Beach, Virginia, on its behalf. Notary Public (SEAL) My Commission Expires: Amendment Number 1 to the Comprehensive Relicensing Settlement Agreement for the Roanoke Rapids and Gaston Hydroelectric Project FERC Project No. 2009 Page 19 of 19 APPENDIX A Revised License Articles Roanoke Rapids and Gaston Dam Project Settlement Agreement Summary of Material Terms that Impact Virginia Beach Note: This summary of the material terms of the Settlement Agreement was provided to City Council in May 2003, when Council approved the original agreement. The amendment to the agreement that Council is currently considering does not change any of the material terms of the agreement and it does not increase or alter any obligations or interests on the part of Virginia Beach pursuant to the Settlement Agreement. Provisions directly affecting the City (Article FL 6 - Drought Response) are part of a much larger settlement. 2. Provisions apply only to Southeastern Virginia communities that obtain water from the Lake Gaston Pipeline (only Virginia Beach at present; to include Chesapeake when it begins using Lake Gaston water, as well as any future users). Parties agree that comparable obligations are appropriate for future or expanded interbasin transfers. 3. Establishes Consumptive Use Drought Management Committee ("Committee"), consisting of North Carolina, Virginia, Virginia Beach, and Dominion Power, to discuss drought conditions, review available information on drought and water resource conditions, and deliberate to determine measures to be taken to respond to any drought. Chesapeake and any future large consumptive users (i.e., at least 2 mgd not returned to river) may join. 4. Following consultation with the Committee, North Carolina and Virginia may j ointly declare a critical drought in the Roanoke River Basin. In such event, Virginia Beach must take water conservation measures specified by North Carolina, which may include: • Use of all water supply sources within jurisdiction limits to the maximum extent practicable; • Use of all alternative sources that can be obtained, consistent with good utility system practices at a cost of not more than 20% of the price charged to wheel and treat Gaston water; • Use of any emergency/conjunctive use groundwater that is practically and economically available; and • Implementation of conservation measures to reduce water demands set forth in City Code Section 37-21 (no outdoor watering, etc.) 5. If Virginia does not agree with North Carolina that there is a critical drought, North Carolina may still impose conservation measures, but none stricter than it imposes on North Carolina water supply systems currently using interbasin transfers from the Roanoke River. 6. Any party may appeal critical drought determination to U.S. Army Corps of Engineers. 7. Virginia and North Carolina also determine when conditions warrant modification, suspension or rescission of drought measures or when a drought has ended, with same appeal rights to Corps of Engineers. 8. If Virginia does not agree, North Carolina may still require conservation measures, but not stricter than those it imposes on North Carolina water systems currently using interbasin transfers from the Roanoke River. 9. City's proffers to FERC are retained in slightly modified form. They include: • City pays $200,00 per year, with inflation adjustment, for hydrilla control; • Lake Gaston water may not be exported outside of S.E. Va.; • Lake Gaston Pipeline limited to 60 mgd; • City to use storage in Kerr reservoir for striped bass spawning; • City to maintain an active conservation program; • City commitment to regional conservation; • No interference by City with alternative water supplies; • City will not interfere with recreational uses in Lake Gaston or Kerr Reservoir or seek special regulations, legislation or stricter discharge standards for Pea Hill Creek, Lake Gaston or Kerr Reservoir than would apply to other similar waters in Virginia. 10. Virginia and North Carolina recognize Roanoke River is shared resource that should be cooperatively managed by the two states. 11. City's obligations are enforceable only by North Carolina or its agencies. 12. City reserves rights to challenge any other restrictions on its rights. C� -8F1 u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Sale of Excess City Property at Sedley, Virginia Portion of Lake Gaston Pipeline Right of Way MEETING DATE: November 9, 2004 ■ Background: The Sedley Volunteer Fire Department, Incorporated has requested that the City of Virginia Beach convey to them two small parcels of land (totaling .90 ac.) from a 329± acre tract. These parcels were originally acquired from the Norfolk and Western Railway Company for a portion of the Lake Gaston Pipeline Right of Way. One of the small parcels is located on the south side of the pipeline and is adjacent to the fire station site. This parcel is three hundred and fifty feet long and fifty feet wide. The second is on the north side of the pipeline and measures four hundred and thirty feet by fifty feet. Both of the parcels are outside of the normal one hundred foot width of the pipeline right of way. The purpose of this request is to expand on the volunteer fire department's property, in order to add additional area for storage and training facilities. The Sedley Volunteer Fire Department has requested that the City consider donating the property to them. Council previously approved a similar request by ordinance #ORD-98- 2516B which was adopted on November 24, 1998. This ordinance approved the donation of a portion of the excess property from the Gaston pipeline right of way to the Town of Jarratt, Virginia. ■ Considerations: No formal appraisal has been made on this land, but the Public Works Real Estate Office has estimated the value at $1,250, based on the City's purchase price of the entire tract, in 1989 (unadjusted for time). The Department of Public Utilities has reviewed the request and has no objections to the conveyance by donation. The matter was also taken before the Water Task Force and they support the Department of Public Utilities' recommendation. A supermajority vote of Council is required for approval pursuant to Article VII, Section 9, of the constitution of the commonwealth of Virginia. ■ Public Information: Advertisement for public hearing as required by 515.2-1800 of the Code of Virginia and advertisement of City Council agenda. ■ Alternatives: Retain ownership of the subject site. ■ Recommendations: Authorize the City Manager to convey the combined parcels to the Sedley Volunteer Fire Department by Deed of Gift. ■ Attachments: Ordinance, Location Map, Plat and Summary of Terms Recommended Action: Approve Submitting Department/Agency: Public Works/Real Estate Office City Manage . I,- , 7)3n 1 AN ORDINANCE DECLARING CERTAIN 2 PROPERTY FRONTING ALONG THE LAKE 3 GASTON PIPELINE RIGHT OF WAY EXCESS 4 AND AUTHORIZING THE CITY MANAGER TO 5 EXECUTE AN AGREEMENT OF SALE AND 6 CONVEY SAME TO THE SEDLEY 7 VOLUNTEER FIRE DEPARTMENT, 8 INCORPORATED 9 10 WHEREAS, the City of Virginia Beach acquired ownership, by deed from 11 Norfolk and Western Railway Company, a Virginia corporation, recorded in Deed Book 326, at 12 Page 827, in the Clerk's Office of the Circuit Court of Southampton County, Va., of a certain 13 parcel of real property containing approximately 329t acres, located adjacent to State Route 641, 14 in the Town of Sedley, Virginia, and running parallel to the Gaston Water Pipeline; 15 WHEREAS, the Sedley Volunteer Fire Department, Incorporated, a Virginia non- 16 stock corporation, has requested that the City of Virginia Beach declare as excess and convey to 17 the Sedley Volunteer Fire Department, Incorporated, approximately .90 acre (the "Property") of 18 the 329f acres to be utilized for training and expansion of its facilities, including the following 19 two parcels: Parcel 1: 350 feet long by 50 feet wide, located on the south side of the pipeline 20 adjacent to the fire station site; and Parcel 2: 430 feet long by 50 feet wide, located on the north 21 side of the pipeline; 22 WHEREAS, the City Council is of the opinion that the Property as shown on the 23 map entitled: "LOCATION MAP SHOWING EXCESS CITY OWNED PROPERTY 24 ADJACENT TO LAKE GASTON PIPELINE RIGHT OF WAY IN SEDLEY, VA. 25 SOUTHAMPTON COUNTY", attached hereto as Exhibit A, and as shown by the cross -hatched 26 area drawn on the plat entitled "PLAT SHOWING ACQUISITION FOR LAKE GASTON 27 WATER SUPPLY PROJECT (CIP 5-964) JERUSALEM DISTRICT - 28 SOUTHAMPTON COUNTY, VIRIGINIA," dated June, 1987, and prepared by Rouse-Sirine 29 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 55 56 57 58 59 60 Associates, Ltd., which plat is attached hereto as Exhibit B, is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Property is hereby declared to be in excess of the needs of the City and that the City manager is hereby authorized to execute an Agreement of Sale and any necessary documents to effectuate the sale of the Property to the Sedley Volunteer Fire Department, Incorporated. That the Property shall be conveyed in accordance with the Summary of Terms attached hereto as Exhibit C and such other terms, conditions or modifications as may be satisfactory to the City Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. APP VED AS TO .,CONTENT ep6rtment of Public Utilities APPROVED AS TO CONTENT W/Real Estate CA- `!65 Prepared: 10/25/04 APPROVED AS TO LEGAL SUFFIC41ENCY City Attorney's Office ............. -- -------- - y- -- -------- - y- 4- 17, to -S TopeOumb CMWdd Lqgg MrL "M 7 JJ 7D, .,--L -4k 4 A, J4. EXHIBIT A LOCATION MAP SHOWING EXCESS CITY OWNED PROPERTY ADJACENT TO LAKE GASTON PIPELINE RIGHT OF WAY IN SEDLEY, VA. SOUTHAMPTON COUNTY LEGEND Location of Excess City Property 1. a N Pipeline Right of Way Lcu >1 u. O o M cn N = X O 0 �1 X W N E m O a Q) U) Cl) 6 ca 0 33a1S 1Suti 1S3M N QI � I ►) 1'r � IL W cM nl m a � � e 133N1S ON033S 1S3M W >, W_ 0 p Ln J FN Em r= IS —i m' Z� W in 1 1 n ,n — a P 2 m Ml Z - 7 O N .V F 2 W - O 7 Q w F-Uvl O- ZZ12 J Cm P C �Zw ��a—� I`Ix m i W N W CD S N �Wa W O z W W C O W IS m N O yam^ O n O Q Z a LO W H -Ir- = 3 n ab (9-L/Oy9 I 133UISi 1/bTpppzZ�0aom 3.L 5 S03'1M�) IL W�fJ Uo (�� Na cn YR wU a�m ZU)W 0�bySW yQQ ,G�NIA a c BL/cz/e :o3sorol +''` or M 1 13381S ON033S 1S3R_= o to o E OZo Waem- ~o�N00 f -� J =mm n'�A n CCU c <SZ�arLua W J�ONNO O f Z Q O MNNN Q'.m00mm 1*1_ -I 7 a0000Cf � J � v m� ct: w W Exhibit C SELLER: PURCHASER: PROPERTY: PURCHASE PRICE: ZONING CHANGE: RESUB- DIVISION: REVERTER CLAUSE: PROPERTY DEVELOPMENT/ USES: SUMMARY OF TERMS City of Virginia Beach Sedley Volunteer Fire Department, Incorporated .90 Acre located adjacent to State Route 641, in the town of Sedley, Virginia, as shown on Exhibits A and B. $1.00 Zoning is controlled by Southampton County Board of Supervisors. Present zoning is R-1. The Property (.90 acre parcel) is part of a larger parcel. The purchaser shall prepare a resubdivision plat to separate these parcels from the remainder parcel of City owned property and, comply with any resubdivision requirements of Southampton County. The Property will revert to the City under the following conditions: 1. Use of the Property for purposes other than those associated with the normal operation of the volunteer fire department. 2. Dissolution or insolvency of the Sedley Volunteer Fire Department, Inc. 3. Any use of the property that the City of Virginia Beach determines to be an endangerment of the Lake Gaston Right of Way or any improvements associated therewith. The Property shall be developed only in such manner to enhance the existing Volunteer Fire Department's mission. Plans for any improvements to be constructed upon the property shall be submitted to the City of Virginia Beach, Department of Public Utilities, for approval. XAProjects\Excess Property\Sedley Volunteer Fire Department, Inc\sot.doc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Request for an amendment to the terms of a No -Interest Loan to Beach Health Clinic MEETING DATE: November 9, 2004 ■ Background: The Beach Health Clinic ("BHC"), a non-profit, volunteer -staffed community clinic, founded in 1986, provides free medical services to the uninsured residents of Virginia Beach who qualify. Funding for the BHC is_provided through United Way designations, individual donations and grants. In 1997, the waiting time for many patients increased by one month and the BHC began expanding the number of exam rooms. Patients increased from 6,000 per year in 1997 to 10,000 in 1999. Also, at that same time, BHC absorbed all the residents of the Judeo-Christian Shelter Clinic when its non-renewable grant expired and caseloads were also absorbed from the Public Health Department due to state budget reductions. At that point, the BHC existing site had exceeded the maximum number of patients it could serve. The BHC, City officials and community leaders proposed several relocation sites with the top site selected at 3396 and 3400 Holland Road. The purchase price was $900,000 with BHC providing $150,000 from existing cash reserves and the balance of $750,000 coming from the City as a no -interest loan for five years ($75,000 annual payments) with a balance of $450,000 due on December 31, 2005. This no - interest loan was approved by City Council on December 12, 2000. In addition, the City has consistently increased the ongoing Community Organization Grant each year for a current annual allocation of $141,837. ■ Considerations: The Beach Health Clinic is requesting an amendment to its existing loan (see attached letter) to revise the requirement for the remaining payment of $450,000 to be made on or before December 2005. The proposal is for annual payments of $75,000, beginning on or before December 31, 2005, and the last payment to be made on or before December 31, 2010. ■ Public Information: Public Information will be handled through the normal council agenda process. ■ Alternatives: Continue with the original terms of the loan agreement which will strain the resources of the BHC and deplete all reserve funds. ■ Recommendations: Approval of the ordinance amending the terms of the Beach Health Clinic. ■ Attachments: Ordinance and Letter from Beach Health Clinic Recommended Action: Adoption of Ordinance Submitting Department/Agency: Management Service C� City Manager: 1� AN ORDINANCE TO AMEND THE TERMS OF AN AGREEMENT TO PROVIDE A $750,000 INTEREST - FREE LOAN TO THE BEACH HEALTH CLINIC WHEREAS, the Beach Health Clinic provides a valuable service to the City and its citizens by providing primary medical care to indigent residents; and WHEREAS, on December 12, 2000, City Council approved an interest free loan to the Beach Health Clinic in the amount of $750,000, which was to be repaid over five years; WHEREAS, the Beach Health Clinic is requesting an amendment to this loan agreement to provide that the existing requirement for a final payment of $450,000 in December 2005 be modified; and WHEREAS, the proposed amendment would permit the Beach Health Clinic to repay the remaining balance through annual payments of $75,000, beginning on or before December 31, 2005, with the last payment due on or before December 31, 2010. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the terms of the loan agreement between the City of Virginia Beach and the Beach Health Clinic are hereby modified to provide that the remaining balance of $450,000, currently due to be repaid in December 2005, may instead be repaid thorough annual payments of $75,000; the first of these payments shall be due on or before December 31, 2005, with last payment due on or before December 31, 2010. 2. That the terms of this amended loan agreement shall also reflect that, until this loan is paid off, the Beach Health Clinic will be obligated to provide to the City any United Way capital allocations that the Beach Health Clinic may receive. Any allocations so received shall be credited toward the unpaid balance of the loan. 3. That the Beach Health Clinic shall sign a new promissory note stating the revised payment terms and amounts. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. Approved As to Content: Approved As To Legal Sufficiency: Management Services City Attor y's Office CA9415 R4 October 28, 2004 H:\PA\GG\ORDRES\No Interest Loan Beach Health Clinic.DOC October 11, 2004 Mr. James K. Spore City Manager, City of Virginia Beach 2401 Court House Drive City Counsel, Building One Virginia Beach, VA 23456 Re: Beach Health Clinic Dear Mr. Spore: In 2001 the City of Virginia Beach graciously made an interest free loan in the amount of $750,000.00 to assist in the purchase of a new facility for the Beach Health Clinic, Inc. The terms included annual payments of $75,000.00 per year beginning on or before December 31, 2001 and the last payment of $450,000 ending on or before December 31, 2005. While the Clinic has timely made all payments to date, and is in sound financial condition; the $450,000 payment in 2005 would strain the resources of the Clinic and deplete all reserve funds. It is requested that the terms of the note be modified to permit payments of $75,000.00 per year a final payment of $75,000.00 due in December 2010. J. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Appropriate $1,000,000 to Provide a No -Interest Loan to the Virginia Aquarium & Marine Science Foundation, Inc., and to Approve a Cooperation Agreement Between the City and the Foundation MEETING DATE: November 9, 2004 Background: The Virginia Aquarium & Marine Science Center is planning a renovation of the original exhibit gallery, which opened in 1986. This renovation project will convert approximately 30,000 square feet of existing exhibits to live animal habitats, including a 120,000 gallon coral reef aquarium, as well as new interactive exhibits. The Virginia Aquarium & Marine Science Foundation, Inc. ("Foundation"), has committed $5.2 million in private funding for construction of the exhibits in the renovated exhibit area. A Capital Campaign is currently underway, with $1.9 million in pledges already secured. Initial donor support is strong; however, pledge payments are scheduled over a period of years, and the Foundation requires immediate funding to continue with the design phase of the project. The City of Virginia Beach will be responsible for providing improvements to the gallery building that will enable the new exhibits to be installed. The estimated cost of these improvements is $2.7 million and will be requested as part of the FY 2005/2006 Budget. CIP project #3-322, "Virginia Marine Science Museum Original Gallery Exhibit Renovation," was created in the FY 2004-05 CIP to address the City's responsibility for the building improvements and $300,000 was appropriated to fund the City's share of the design work. The Aquarium will submit additional CIP requests that total $1.7 million to fund building improvements/renovations to the restroom and lobby area, and increase water treatment capabilities. Considerations: The City Council is requested to appropriate $1 million to provide an interest - free loan to the Foundation, which will enable it proceed with designing the new exhibits. The design costs for the project are to be incurred over the next 12 months, with construction expected to begin in September 2005. The Foundation will repay this loan in $250,000 increments over a four-year period, beginning January 15, 2006, with the final payment to be made on January 15, 2009. Because the Foundation and the City will be working in partnership on this project, the Foundation and City staff have worked with the City Attorney to draft a Cooperation Agreement memorializing the parties' respective responsibilities and obligations. A Summary of Terms outlining significant terms and conditions is attached. ■ Public Information: The public will be informed through the normal process of publicizing the Council's agenda. ■ Alternatives: The Foundation would be required to borrow the funds from a commercial lender and bear the interest costs. ■ Recommendation: Approval of the ordinance authorizing the $1 million loan to the Foundation and the City Manager's execution of the Cooperation Agreement. ■ Attachments: Summary of Terms, Ordinance, Letter from the President of the Foundation. Recommended Action: Adoption of ordinance. Q�-- - - . ' Submitting Department/A ency: Department of Museums and Cultural Arts. 4Q City Manager: Cooperation Agreement between the City and The Virginia Aquarium & Marine Science Center Foundation, Inc. City: Foundation: Premises: Project: Facility Improvements: Term: Responsibilities of Foundation: SUMMARY OF TERMS City of Virginia Beach The Virginia Aquarium & Marine Science Center Foundation, Inc., a Virginia non -stock corporation. City property located at General Booth Boulevard more commonly known as the Virginia Aquarium & Marine Science Center (the "Aquarium"). Foundation's design and construction pertaining to the renovation of existing exhibits and the installation of new exhibits at the Aquarium. City's design and construction of the Aquarium's infrastructure needed to house the new and renovated exhibits. Commencing on date of execution of the Agreement until the Project and Facility Improvements are completed. • Will contract with Chermayeff, Sollogub and Poole, Inc. (`CSP") design and engineering of the exhibit renovations on the Premises. • Shall fund all of the design and engineering work associated with the Project and the Facility Improvements in excess of City's financial commitment of $467,000 including but not limited to, obtaining all permits. • Shall provide City with evidence of sufficient funding for all Foundation design costs. • Shall provide to City all of the drawings and construction documents for the Facility Improvements necessary and appropriate for bidding and construction by City, upon conclusion of the design phase. • Upon conclusion of the design phase and prior to City's advertisement for construction bid for the Facility Improvements, shall provide evidence of sufficient funding to cover the difference between City's construction cost commitment of $2,700,000 and CSP's estimate of total construction costs for both the Project and the Facility Improvements plus a reasonable combined construction contingency, and shall transfer to City all supplemental funding needed to fully fund the estimated cost of constructing the Facility Improvements to the Responsibilities of the City: extent that the estimated costs exceeds City's construction contribution of $2,700,000. • Shall contract with CSP separately for the design and engineering of the Facility Improvements • Shall contribute no more than $467,000 for design and engineering costs for the Facility Improvements. • Shall solicit bids for and award a contract for the construction of the Facility Improvements. • Shall contribute no more than $2,700,000 for the construction of the Facility Improvements, upon satisfaction of all conditions precedent specified in the Cooperation Agreement. • Shall inspect the Project and Facility Improvements at any time during the term of the Cooperation Agreement. • All City financial obligations are subject to appropriations. Termination: Either party may terminate the Cooperation Agreement for cause if default is not cured within 14 days from receipt of written notice of default. 2 AN ORDINANCE TO APPROPRIATE $1,000,000 OF FUND BALANCE IN THE GENERAL FUND TO PROVIDE AN INTEREST FREE LOAN TO THE VIRGINIA AQUARIUM & MARINE SCIENCE FOUNDATION, INC., AND TO APPROVE A COOPERATION AGREEMENT BETWEEN THE CITY AND THE FOUNDATION RELATING TO IMPROVEMENTS AT THE VIRGINIA AQUARIUM & MARINE SCIENCE CENTER WHEREAS, the Virginia Aquarium & Marine Science Foundation, Inc., (the `Foundation") has planned a series of improvements to exhibits at the Virginia Aquarium & Marine Science Center, and WHEREAS, the Foundation does not presently have sufficient funds to pay for the design of these new exhibits, but has represented that current fund-raising efforts will enable it to repay an interest -free loan from the City of Virginia Beach in the amount of $1,000,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $1,000,000 is hereby appropriated from fund balance in the General Fund to provide an interest -free loan to the Virginia Aquarium & Marine Science Foundation, Inc., so that the Foundation may begin designing planned improvement to exhibits at the Virginia Aquarium & Marine Science Center, with revenue increased accordingly in the FY 2004-2005 Operating Budget. 2. That the terms for this loan shall provide that it is to be repaid by the Foundation over four (4) years, with payments due on the fifteenth (15th) day of January each year. Payments shall be made in (4) four equal installments of $250,000, with the first payment to be made on or before January 15, 2006, and the last payment to be made on or before January 15, 2009. 3. That, as a condition of receiving this loan, the Foundation shall execute a promissory note providing for the terms and conditions of the loan and provide quarterly reports, beginning on January 1, 2005, to the City Manager concerning the status of the Foundation's pledge campaign and collections. 4. That the City Manager is hereby authorized to execute a Cooperation Agreement between the City and the Foundation outlining the respective obligations of the parties for the improvement of exhibits at the Virginia Aquarium & Marine Science Center. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTEN - 9 " a . Management Services CA-9386 H:\PA\GG\ORDRES\VB Aquarium Loan ord.doc R7 October 28, 2004 APPROVED AS TO LEGAL SUF,F-ICIENCY: 57 - W A r City Attorney's Office V I R G I N I A A Q U A R I U M & MARINE SCIENCE CENTER November 1, 2004 Mr. Jim Spore, City Manager City of Virginia Beach Municipal Center, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Mr. Spore: The Foundation Board is excited to partner with the City of Virginia Beach in the renovation of the original exhibits gallery of the Virginia Aquarium & Marine Science Center. This renovation replaces 17 year -old exhibits and transforms that gallery into exciting live animal habitats, hands-on exhibits and increases our aquarium holdings to 1 million gallons. The Virginia Aquarium & Marine Science Center Foundation, Inc (Foundation), has committed $5.2 million in private funding for construction of the exhibits in the renovated exhibit area. A Capital Campaign is currently underway, with $1.9 million in pledges already secured. Initial donor support is strong, however pledge payments are scheduled over a period of years, and the Foundation requires immediate funding in order to continue with the A&E phase of the project. The current A&E costs are projected to be $1.3 million. Therefore, the Foundation requests a loan in the amount of $1 million. This letter serves as confirmation that the Foundation has sufficient funding in place to satisfy the requirements outlined in the Cooperation Agreement between the City and the Virginia Aquarium & Marine Science Center Foundation, Inc. Specifically, current Foundation cash balances, coupled with the $1 million loan, provide sufficient funding to cover all design and planning costs associated with this renovation project. Thank you for partnering with us to create a world -class aquarium. With Kind Regards, Mr. Donald H. Patterson, Jr., President DHP/dew cc: Patti Phillips, Director of Finance Vanessa Valldejuli, Associate City Attorney � Z) ��1 ��+aua• �� fJJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: National Urban Search and Rescue Response System Activation MEETING DATE: November 9, 2004 ■ Background: The City of Virginia Beach is the sponsoring agency for VA -Task Force 2, Urban Search and Rescue Team. In addition, senior members of the Team are pre -selected by the Department of Homeland Security/FEMA Operations to participate on Incident Support Teams that serve to oversee specific large-scale incidents involving multi jurisdictional response agencies. The Department of Homeland Security/FEMA activated both VA- TF2 and specific IST members to support anticipated recovery efforts from Hurricanes Charley and Jeanne in Florida. FEMA had already activated both the Team and IST members for Hurricanes Frances/Ivan and awarded $1,636,000 in assistance, previously accepted by Council in October. This additional award of $85,000 will bring VA-TF2's total award assistance package for the four -hurricane event to $1,721,000. ■ 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 all Team members, including backfilling public safety operational positions to maintain response readiness and staffing in Virginia Beach as well as neighboring participating agencies. ■ 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 $85,000 to cover Alert and Activation expenses for VA- TF2/IST to Hurricanes Charley and Jeanne. 0 Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: Wi!1 ; W, . . i I AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $85,000 FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY TO THE FIRE 4 DEPARTMENT'S FY 2004-05 OPERATING BUDGET 5 FOR DEPLOYMENT TO ASSIST WITH CLEANUP 6 FROM HURRICANES CHARLEY AND JEANNE 7 8 WHEREAS, the Federal Emergency Management Agency ("FEMA") 9 issued an alert order for members of the FEMA Urban Search and 10 Rescue Virginia Task -Force 2 for anticipated assistance with 11 cleanup from Hurricanes Charley and Jeanne, and FEMA has now 12 approved $85,000 in reimbursement costs. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 That $85,000 is hereby accepted from the Federal Emergency 16 Management Agency and appropriated to the Fire Department's FY 17 2004-05 Operating Budget for costs associated with the 18 deployment of members of the urban search and rescue team, with 19 federal revenue increased accordingly. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia on the day of , 2004. Approved as to Content j 2Qa, LAin . Management Services Approved as to Legal Sufficiency S i City Attor y NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, November 9, 2004, at 6:00 p.m. The following applications will be heard: DISTRICT 6 - BEACH 1. Star of the Sea Church Application: Change of Zoning District Classifi- cation from A-12 Apartment and R-5S Residential to Conditional RT-3 Resort Tourist at 1404 Pacific Avenue (GPINS 24271585750000; -66460000;-67220000;-57970000;-58710000;-58540000; -58040000; 48650000;-49510000;-49010000;-39310000; 24271661750000; 50540000;-51470000;-41020000; -64030000;-65260000;-55750000;-55240000;-44490000). The Comprehensive Plan designates this area of the City as the Resort Area, an area planned for resort uses including lodging, retail, enter- tainment, recreational, cultural, and other uses. 2. Star of the Sea Church Application: Conditional Use Permit for a church and accessory uses at 1404 Pacific Avenue (GPINS 24271585750000;-66460000;-67220000;-57970000; -58710000;-58540000;-58040000;-48650000;-49510000; -49010000;-39310000; 24271661750000;-50540000; -51470000; 41020000;-64030000;-65260000;-55750000; -55240000;-44490000). DISTRICT 2 - KEMPSVILLE 3. 7-Eleven, Inc. Application: Conditional Use Permit for an automobile service station (fuel sales) on the, east side of Aragona Boulevard, between Cleveland Street and Potomac Street (GPIN 14771487950000). 4. Appeal to Decisions of Administrative Officers in regard to certain ele- ments of the Subdivision Ordinance, Subdivision for Emerson Devel- opment Corporation, at 608 Woodstock Road (GPIN 14566686760000). 5. Good Samaritan Episcopal Church: Conditional Use Permit for a church (expansion) at 848 Baker Road (GPIN 14681460320000). 6. Reverend Joseph Facura, St. Matthew's Church Application: Condi- tional Use Permit for a school in conjunction with a church (replace portable classrooms with a permanent structure) at 3316 Sandra Lane (GPIN 14560722940000). DISTRICT 7 - PRINCESS ANNE 7. ' Chris Seward Application: Change of Zoning District Classification from AG-2 Agricultural to R-15 Residential at 304 Porters Island Road (GPIN 24325904200000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appro- priately located suburban residential and non-residential uses consis- tent with the policies of the Comprehensive Plan. 8. J. D. and Randi Vogel: Conditional Use Permit for a commercial recre- ation facility at 2388-2400 London Bridge Road (GPIN 24059006930000). DISTRICT 4 - BAYSIDE 9. Phillips Motors of Virginia Beach, Inc. Application: Conditional Use Permit for automobile repair at 4980 Virginia Beach Boulevard (GPIN 14770535390000). 10. Hollis Road Associates, L.L.C. Application: Change of Zoning District Classification from R-5R Residential Resort to Conditional A-24 Apart- ment at 4708 and 4712 Hollis Road (GPINS 14794777800000; 14794786760000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and nonresidential uses consistent with the policies of the Comprehensive Plan. DISTRICT 3 - ROSE HALL 11. Lowe's Home Centers, Inc. Application: Modification of a Conditional Use Permit approved by City Council on January 9, 1996 (Thomas H. Wilkinson) at 3565 Holland Road (GPIN 24866346390000). DISTRICT 5 - LYNNHAVEN 12. Dr. Robert D. Voogt: Conditional Use Permit for a facility for the dis- abled on the south side of Old Donation Parkway, approximately 130 feet west of First General Parkway (GPIN 24084334511853 - portion of) All interested ciizens are invited to attend. Ruth Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning. For information call 427-4621. If you are physically disabled or visually impaired and need assis- tance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303. Hearing impaired, call: VIRGINIA RELAY at 1-800-828.1120. The Planning Commission Agenda is available through the City's Inter- net Home Page at htto://www.vbpov.com/l)lanninpcommission Beacon Oct. 24 & 31, 2004 12185613 Subdivision Variance # I DATE IREQUEST I ACTION 1 12-18-90 Subdivision Variance Granted ..e Tc7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Emerson Development Corporation — Subdivision Variance MEETING DATE: November 9, 2004 ■ Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Emerson Development Corporation. Property is located at 608 Woodstock Road (GPIN 14566686760000). DISTRICT 2 — KEMPSVILLE ■ Considerations: The existing lot is 24,255 square feet. It is the intent of the applicant to subdivide the property into two (2) single-family parcels, each with at least the minimum square footage required for the R-10 Residential District. The lot that is proposed on the eastern portion of the site does not have any street frontage and as such requires a variance to the Subdivision Ordinance. In 1990, a similar parcel (in terms of size and situation) adjacent to this property was granted a Subdivision Variance for relief from the requirement of 80 feet of frontage along a right-of-way. Staffs review of that request and of this current situation shows that this neighborhood has a large number of lots with unusual depth along the eastern side of Woodstock Road. Staffs evaluation of this request reveals the proposal does provide evidence of a hardship justifying the granting of a variance to the requirements of the Subdivision Ordinance. The subject lot is one of unusual depth with little frontage along the public right-of- way. The existing parcel is twice the size of the minimum standard for properties within the R-10 Residential District. Once subdivided as proposed, each lot will be more in line with the surrounding properties that are typically 10,000 square feet in size. The Planning Commission placed this item on the consent agenda because it is consistent with the character of the neighborhood, there was no objection, and Staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: Emerson Development Corporation Page 2 of 2 1. A Final Subdivision Plat shall be submitted to the Development Services Center for approval and upon approval, recorded with the Clerk of Court. 2. An all weather surface driveway, 15 foot wide, shall be installed the length of both proposed lots 16X and 16Y, from the edge of the Woodstick Road right-of-way to the eastern boundary line of proposed lot 16Y. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. t2, Submitting Department/Agency: Planning Department City Manager: �L- EMERSON DEVELOPMENT CORP. Agenda Item # 11 October 13, 2004 Public Hearing Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. k, Location and General Information REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance LOCATION: Property located at 608 Woodstock Road Map " Emerson Development Lor . Me N c S olr r, =T tj -Ezj woODSlO ❑�= o�� -' 71 ITS• > GPIN: 14566686760000 COUNCIL Subdivis vr. EMERSON DEVELOPMENT CORP. Agenda Item # 11 Page 1 ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 24,225 square feet EXISTING There is a single-family dwelling and detached garage on the LAND USE: property. SURROUNDING North: . Single-family dwellings / R-10 Residential District LAND USE AND South: • Single-family dwellings / R-10 Residential District ZONING: East: . Single-family dwellings / R-10 Residential District West: . Woodstock Road • Single-family dwellings / R-10 Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not CULTURAL appear to be any significant environmental features on this FEATURES: residentially developed property. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposal` Existing Lot: The existing lot is 24,255 square feet. Proposed Lots: It is the intent of the applicant to subdivide the property into two (2) single-family parcels, each with at least the minimum square footage required for the R- 10 Residential District. The lot that is proposed on the eastern portion of the site does not have any street frontage and as such requires a variance to the Subdivision Ordinance. Item Required Lot 16Y Lot 16X Lot Width in feet 80 0* 85 Lot Area in square feet 10,000 10,581 13,638 EMERSON DEVELOPMENT CORP. Agenda Item # 11 Page 2 *Variance required Comprehensive Plan The Comprehensive Plan recognizes this area as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. Staff Evaluation Staff recommends approval of this request. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever EMERSON DEVELOPMENT CORP. Agenda Item # 11 Page 3 such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. In 1990, a similar parcel (in terms of size and situation) adjacent to this property was granted a Subdivision Variance for relief from the requirement of 80 feet of frontage along a right-of-way. Staffs review of that request and of this current situation shows that this neighborhood has a large number of lots with unusual depth along the eastern side of Woodstock Road. Staffs evaluation of this request reveals the proposal, through the submitted materials, does provide evidence of a hardship justifying the granting of a variance to the requirements of the Subdivision Ordinance. The subject lot is one of unusual depth with little frontage along the public right-of-way. The existing parcel is twice the size of the minimum standard for properties within the R-10 Residential District. Once subdivided as proposed, each lot will be more in line with the surrounding properties that are typically 10,000 square feet in size. Staff, therefore, recommends approval of this request. Conditions 1. A Final Subdivision Plat shall be submitted to the Development Services Center for approval and upon approval, recorded with the Clerk of Court. 2. An all weather surface, 15 foot wide driveway shall be installed the length of both proposed lots 16X and 16Y, from the edge of the right-of-way (Woodstock Road) to the eastern boundary line of proposed lot 16Y. NOTE: Further conditions may be required during the administration of applicable City Ordinances. EMERSON DEVELOPMENT CORP. Agenda Item # 11 Page 4 Supplemental Information Zoning History Subdivision Variance # I DATE IREQUEST I ACTION 1 12-18-90 Subdivision Variance Granted Master Transportation Public Agency Comments Public Works EMERSON DEVELOPMENT CORP. Agenda Item # 11 Page 5 Plan (MTP): Woodstock Road is a two (2) lane local roadway. There are no planned improvements in the MTP for this facility. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use - 10 No Data No Data Woodstock Road Available Available' Proposed Land Use 3 - 20 Average Dairy Trips 2 as defined by one single family dwelling 3 as defined by two single family dwellings Public Utilities Water: There is an eight (8) inch City water line in Woodstock Road. This site must connect to City water. Sewer: There is an eight (8) inch City gravity sewer line and an eight (8) inch force main in Woodstock Road. This site must connect to sanitary sewer. A pump station analysis may be required. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Adequate — no additional comments. EMERSON DEVELOPMENT CORP. Agenda Item # 11 Page 6 �._ Exhibits Exhibit A - 1 Aerial of Site Location EMERSON DEVELOPMENT CORP. Agenda Item # 11 Page 7 Exhibit B Proposed Subdivision 'Z �Z 3AI&G 3OV&,Y31 W0 - -- ---------- - - 'Nil le EMERSON DEVELOPMENT CORP. Agenda Item # 11 Page 9 X l•' J _ •� h - i G - sit • � �1 � A v s1.. ago f tD tF i 3 � 1 _: ... � all — L HU g 4 s. _11 y O � 1f v rs i'1u' •R �... C re y yr 9 m a •' J .� C S. y. �` G Jay''' .. `�,' '� :.• "� .y, Z". Sri 11 y ai C 4 ark„ y s:• `". r .., v T C t:&W E". ltt -'v .a a 4. T ski ,t U z - Put iii V � 6. � yyiw'•i loll a ,011 Z 11 a V >€ ' Exhibit C Disclosure Statement EMERSON DEVELOPMENT CORP. Agenda Item # 11 Page 10 Item #11 Emerson Development Corporation Appeal to Decisions of Administrative Officers in Regard to certain elements of the Subdivision Ordinance 608 Woodstock Road District 2 Kempsville October 13, 2004 CONSENT William Din: The next item is Item #11. This is a request for a Subdivision Variance by Emerson Development Corporation. The property is located at 608 Woodstock Road. This is located in the Kemspville District. There are two conditions we noted on this application. Daniel Emerson: Good afternoon. I'm Daniel Emerson, President of Emerson Development Corporation. I appreciate you putting it on the consent agenda. The only thing that is on the condition number #2, which we added a little while ago for 18 feet. I had an understanding with the Department of Planning a 15 foot paved driveway. If we add the extra three feet it changes the setbacks. It would probably be a little bit difficult. William Din: I believe we have discussed that and the condition is going to be changed to 15 feet. Daniel Emerson: Thank you very much. William Din: Thank you sir. Is there any opposition to placing this on consent? Hearing none, Mr. Barry Knight will address this item. Barry Knight: This is in the Woodstock neighborhood. There are various lot sizes in this neighborhood and we believe that if divided into two lots it will still be consistent in keeping the lot size and the character of the neighborhood. The two conditions that Mr. Emerson referred to will be 15 foot wide but will extend to the end of the subject site and, therefore; we recommend putting this on consent agenda. William Din: Thank you Mr. Knight. Madame Chair, I would like to make a motion to approve the following consent agenda item, Item #11 Emerson Development Corporation for a request for a Subdivision Variance on property located at 608 Woodstock Road in the Kemspville District with two conditions. Dorothy Wood: Thank you. Do I hear a second? A motion by Will and seconded by Ms. Katsias. Item # 11 Emerson Development Corporation Page 2 AYE 11 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE NAY 0 ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, this consent agenda item has been approved by the Board. Map G-8,,9 %_nhrtv�c Nny»o %v'"tore Ty,/` Ig—g-g�utj �' r �AM --, • o�I� v�`t•. Sroa— EM , • � ' 'Ar I , CUP - Bulk Storage # I DATE IREQUEST I ACTION 1 03/02/04 Change of Zoning (1-1 Light Industrial to B-2 Community Granted Business District) Conditional Use Permit (motor vehicle sales) 2 11/25/03 Conditional Use Permit (communication tower) Granted 3 01/09/96 Conditional Use Permit (bulk storage) Granted 4 11/11/95 Conditional Use Permit (fuel sales) Granted 5 11/10/92 Conditional Use Permit (church) Granted 6 07/13/87 Conditional Use Permit (motor vehicle rentals) Granted 02/13/84 Conditional Use Permit (auto repair) Granted 7 11/24/85 Conditional Use Permit (auto sales & rental) Granted 8 08/19/85 Change of Zoning (R-8 Residential District to B-2 Granted Community Business District) 9 10/17/83 Change of Zoning (B-2 Community Business District to A-1 Granted Apartment District) 10 07/05/83 Conditional Use Permit (mini warehouse) Granted 01/25/83 Change of Zoning (0-1 Office District to B-2 Community Granted Business District) 11 12/08/86 Change of Zoning (A-1 Apartment District to B-2 Community Granted Business District) 12 07/13/81 Change of Zoning (A-1 Apartment District to B-2 Community Granted Business District) y � r zs CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Lowe's Home Centers, Inc. — Modification of a Conditional Use Permit MEETING DATE: November 9, 2004 ■ Background: An Ordinance upon Application of Lowe's Home Centers, Inc. for the Modification of a Conditional Use Permit approved by City Council on January 9, 1996 (Thomas H. Wilkinson). Property is located at 3565 Holland Road (GPIN 14866346390000). DISTRICT 3 — ROSE HALL ■ Considerations: The applicant is proposing to modify the existing Conditional Use Permit in order to expand the garden center by 13,846 square feet to organize the outdoor display of both seasonal and other merchandise, some of which is currently stored in the parking lot and elsewhere on the site (not in compliance with the City Zoning Ordinance). Specifically, the plan depicts a permanent 20 foot high chain link fence with light gray split face block columns spaced, at 24 foot intervals, matching the existing building. Smooth face CMU block at the "water table" is proposed between the columns. The fencing in between the columns will be a 20 foot high, vinyl coated, black chain link with black fabric (fabric only up to the eight (8) foot high mark). Essentially, the existing 20 foot high chain link fence will be relocated approximately 70 feet closer to the street and "dressed up" to enhance the aesthetics of the expanded outdoor garden center. Specific areas for the display of items for sale, such as sheds and trailers, are depicted on the submitted site plan in hopes of creating a more orderly and aesthetically pleasing site. The applicant is also requesting flexibility for the truly seasonal products, such as mulch, to be placed in the 13 parking spaces immediately to the west of the proposed garden center expansion. This stockpile area would be used during the months of March through July exclusively. This would just be a temporary staging area -- not for retail use -- to aid in the processing and off- loading of materials during the busy garden center selling months. A Board of Zoning Appeals variance is being sought for encroachment into the setback with a 20-foot high fence (8 feet is the maximum height permitted) and for a reduction of the required parking. These variance requests are scheduled to be heard in December of 2004. The applicant has diligently worked with Staff to develop a workable site plan that meets the needs of the home center operation and is consistent with the retail Lowe's Home Centers, Inc. Page 2 of 3 design guidelines. The revised plan, selected building and fencing materials, landscaping and screening materials and placement all represent the applicant's willingness to upgrade the site and create an attractive and orderly site layout for the benefit of not only those who choose to shop at the center but for those traveling past the site as well. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: All materials for sale or materials being stored shall be contained within the specified areas as indicated on the site plan entitled, "Site Plan, Lowe's of Virginia Beach," prepared by Frederick J. Goglia, Architect, dated 7/27/04. Other than what is depicted on said plan, there shall be no materials or merchandise in the adjacent parking spaces, parking lot drive aisles, or parking lot landscape islands. 2. The architectural design elements shall be substantially in conformance with the submitted elevations entitled, "Garden Center Floor Plan," prepared by Frederick J. Goglia, Architect, dated 7/27/04. 3. There shall be no signage installed on the 20 foot high garden center fence, 4. The shed display area, as depicted on the concept plan, shall be surrounded on three sides with a solid, all weather material fence, no less than six (6) feet in height with evergreen shrubs with a minimum height of 36 inches at installation, and shall be constructed as depicted on the elevation entitled "Shed Enclosure Elevation," prepared by Frederick J. Goglia, Architect, dated 7/27/04. 5. The black mesh, to be installed inside of the chain link fence, shall be extended beyond the height shown on the plans to a height of 20 feet. 6. Additional landscape planting sufficient to enhance the screening of the enclosure from Rosemont Road shall be installed in the existing lawn area on the south side of the site accessway. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Lowe's Home Centers, Inc. Page 3 of 3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department 12 City Manager: LOWE'S HOME CENTERS, INC. y Agenda Item # 26 October 13, 2004 Public Hearing Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: Location and General Information Modification of Conditions for the expansion of the existing garden center classified as a bulk storage yard. Property located at 3565 Holland Road 14866346390000 3 — ROSE HALL 17.89 acres Ne M o??e,e Lowe's Home Centers Inc. it j# B-2 �J _ B- ✓�� B-2 o o B-2 rl y o'�'�q A-12 Lao �A-1 v /� CUP • Bulk Sloraee LOWE'S Agenda Item #.26 Page 1 EXISTING There is an existing large home and garden retail business on the LAND USE: site. SURROUNDING • Holland Road, mixed retail / B-2 Community LAND USE AND North: Business District ZONING: South: • Apartments / PD-1-12 Planned Unit Development Apartments, retail / B-2 Community Business East: District, A-12 Apartment District Mixed retail, auto repair, fuel sales / B-2 Community Business District, R-5D Residential West: Duplex District NATURAL RESOURCE AND There are no significant environmental resources on the site as it is CULTURAL almost entirely impervious and is developed as a retail, home center FEATURES: store. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposal``h The applicant is proposing to modify the existing Conditional Use Permit in order to expand the garden center by 13,846 square feet to corral the outdoor display of both seasonal and other merchandise, some of which is currently stored in the parking lot and elsewhere on the site (not in compliance with the City's Zoning Ordinance). Specifically, the plan depicts a permanent 20 foot high chain link fence with light gray split face block columns spaced, at 24 foot intervals, matching the existing building. Smooth face CMU block at the "water table" is proposed between the columns. The fencing in between the columns will be a 20 foot high, vinyl coated, black chain link with black fabric (fabric only up to the eight (8) foot high mark). Essentially, the existing 20 foot high chain link fence will be relocated approximately 70 feet closer to the street and "dressed up" to enhance the aesthetics of the expanded outdoor garden center. Specific areas for the display of items for sale, such as sheds and trailers, are depicted on the submitted site plan in hopes of creating a more orderly and aesthetically pleasing site. The applicant is also requesting flexibility for the truly seasonal products, such as LOWE'S Agenda Item # 26 Page 2 mulch, to be placed in the 13 parking spaces immediately to the west of the proposed garden center expansion. This stockpile area would be used during the months of March through July exclusively. This would just be a temporary staging area -- not for retail use -- to aid in the processing and off-loading of materials during the busy garden center selling months. A Board of Zoning Appeals variance is also being sought for encroachment into the setback with a 20-foot high fence (8 feet is the maximum height permitted) and for a reduction of the required parking. These variance requests are scheduled to be heard in December of 2004. 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. Consistency with the Comprehensive Plan. Degree to which the proposal complies with the retail design provisions of the City Zoning Ordinance. s Comprehensive Plan The Comprehensive Plan recognizes this site as being located in a Primary Residential Area. The Comprehensive Plan Policy document reinforces the suburban characteristics of commercial centers and other non-residential uses for this area. The Plan states that "Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities" (page 91). LOWE'S Agenda Item # 26 Page 3 Staff Evaluation Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the `Major Issues' identified above. The proposal's strengths in addressing the `Major Issues' are (1) The Comprehensive Plan does recognize that certain commercial uses are appropriate and desirable within the Primary Residential Area as long as adjacent properties are adequately screened and buffered. Page 91 of the Comprehensive Plan notes "Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities." (2) The applicant has diligently worked with Staff to develop a workable site plan that meets the needs of the home center operation and is consistent with the retail design guidelines. The revised plan, selected building and fencing materials, landscaping and screening materials and placement all represent the applicant's willingness to significantly upgrade the site and create and attractive and orderly site layout for the benefit of not only those who choose to shop at the center but for those traveling past the site as well. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions All materials for sale or materials being stored shall be contained within the specified areas as indicated on the site plan entitled, "Site Plan, Lowe's of Virginia Beach," prepared by Frederick J. Goglia, Architect, dated 7/27/04. Other than what is depicted on said plan, there shall be no materials or merchandise in the adjacent parking spaces, parking lot drive aisles, or parking lot landscape islands. 2. The architectural design elements shall be substantially in conformance with the submitted elevations entitled, "Garden Center Floor Plan," prepared by Frederick LOWE'S Agenda Item # 26 Page 4 J. Goglia, Architect, dated 7/27/04. 3. There shall be no signage installed on the 20 foot high garden center fence, 4. The shed display area, as depicted on the concept plan, shall be surrounded on three sides with a solid, all weather material fence, no less than six (6) feet in height with evergreen shrubs with a minimum height of 36 inches at installation, and shall be constructed as depicted on the elevation entitled "Shed Enclosure Elevation," prepared by Frederick J. Goglia, Architect, dated 7/27/04. 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. LOWE'S Agenda Item # 26 Page 5 Supplemental Information Zoninq History SMO r % ` .i ♦ M LUt' - tsuuc Storage tt jbATE IREQUEST ACTION 1 03/02/04 Change of Zoning (1-1 Light Industrial to B-2 Granted Community Business District) Conditional Use Permit (motor vehicle sales) 2 11/25/03 Conditional Use Permit (communication tower) Granted 3 01/09/96 Conditional Use Permit (bulk storage) Granted 4 11/11/95 Conditional Use Permit (fuel sales) Granted 5 11/10/92 Conditional Use Permit (church) Granted 6 07/13/87 Conditional Use Permit (motor vehicle rentals) Granted 02/13/84 Conditional Use Permit (auto repair) Granted 7 11/24/85 Conditional Use Permit (auto sales & rental) Granted 8 08/19/85 Change of Zoning (R-8 Residential District to B-2 Granted LOWE'S Agenda Item # 26 Page 6 Community Business District) 9 10/17/83 Change of Zoning (B-2 Community Business District to Granted A-1 Apartment District) 10 07/05/83 Conditional Use Permit (mini warehouse) Granted 01/25/83 Change of Zoning (0-1 Office District to B-2 Granted Community Business District) 11 12/08/86 Change of Zoning (A-1 Apartment District to B-2 Granted Community Business District) 12 07/13/81 Change of Zoning (A-1 Apartment District to B-2 Granted Community Business District) Public Agency Comments Public Works Master Transportation Plan MTP : Holland Road, Rosemont Road Traffic Calculations: The addition of the storage area is not expected to generate any additional traffic Public Utilities The storage area is not expected to have any impact on the public water or sewer system. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Adequate — additional comments forthcoming during final site plan review. LOWE'S Agenda Item # 26 Page 7 Exhibits Exhibit A Aerial of Site Location LOWE'S Agenda Item # 26 Page 8 Exhibit E Proposed Site Plan LOWE'S Agenda Item # 26 Page 9 Exhibit B - 2 Proposed Expansion Area - —=='VNMV.AK . -r GardPn CPntPr IQtei.L�IPIAiRYLtYT'i.0.^^"� ^' i, f F LL.Y.tv rIYC111C14S21t�Y".:' ' WI�L'Y7.DTTiifllt { �� Mc*,,w2Dv.tl1CY1fT1!`. Af ....'i. erMPATWreeas04 t,d duca GAvw" �1, 9tt�'F�Y b'•�'�fiO�'� Hbil9D ipVA A £i y.►,A=*Y,OMtr r _ x f A 1f94CYK ` i8P«S4".Ct 3.r VVD4WA -MA v"OMMOM ! ,_i - 1�"�� O4G•L71`R M K/i I.MCXH YLYC^.ySLx.tliHt rh IDrtlG �t .0 "fff.YMltll _ `i tmzz 1xio2 £ � 0 £ No A6 ....,....._... .......,.. .: ..7 ly�r M..wr�Criu Hl leeeft 3 A i CMst r R4fA4--9I M t , S{ �m.'+rw:.aut we rb.7 " �—HfAKY YQS M= jjjj ] a LOWE'S Agenda Item # 26 Page 10 K !!MM" fy�C' 1iMtliil 'k `i�•, -.:< 4i!' r 77, a I llYf � ti x r d � .._.o K?Cy{G,711y., 'lfi9yyt A:CMCW.,� M J }Xl• A.M!'S (11ATi TfdG �f f 'r ! .. z1J..z k cxe. } 5+ 40M. TnmzS 7M :Ci GI.anw SC%[:ti2 .ryr_i i asczrrerrst sccwe mom vam e+mnw emars • snra++ti+:s. :ue �%IEW�EI�i CEIE TAR WALL 2 yr-� i rOw, S + t. AMA 'AIMOGXI 4'S�4�OG 9G�ItY� M!!IMlWA'Tfti i .. L > w V1.. agar �CY:li►lliYF fR�JD$ &Aa Exhibit C - 1 Proposed Elevation — Garden Center LOWE'S Agenda Item #-26 Page 11 Exhibit C - 2 Proposed Elevation — Shed Enclosure LOWE'S Agenda Item # 26 Page 12 11 1 1 1 1 1 1 11 Exhibit D - 1 Disclosure Statement LOWE'S Agenda Item # 26 Page 13 � - \ - \ ;t !I f- »E \. ƒ) k ! ! - - w _ \ \ Exhibit D - 2 Disclosure Statement . ) 11 \} \\ \ \ iL 3 \\ \\\ \\ \\ \\ \\ \ \\ \\ \ \\ \\ \\ \\ \\ \\ \\ LOWES Agenda Item # 26 \: Page14 LOWE'S HIW, INC. OFFICERS NAME TITLE Ross W. McCanless Senior Vice President, General Counsel and Secretary Minael K. ,Menser SVP/GMM-Home Decor Robert A, Niblock President Joseph D. Pardue Vice President of Real Estate/ Engineering & Construction Dare C. Pond Senior Executive Vice President - Merchandising/Marketing David E. Shelton Senior Vice President -Real Estate/ Engineering and Construction Michael L. Skiles Vice President - Real Estate John D. Steed Larry 0. Stone John W. Vining, Jr. SVP/GMM-Building Products Senior Executive Vice President - Stcre Operations Vice President - Administration Exhibit D - 3 Disclosure Statement Exhibit A LOWE'S Agenda Item # 26 Page 15 Item #26 Lowe's Home Centers, Inc. Modification of a Conditional Use Permit 3565 Holland District 3 Rose Hall October 13, 2004 REGULAR Joseph Strange: The next item is Item #26 Lowe's Home Centers, Inc. It's an Ordinance upon Application of Lowe's Home Centers, Inc. for a Modification of a Conditional Use Permit approved by City Council on January 9, 1996. Property is located at 3565 Holland Road, District 3, Rose Hall. Dorothy Wood: Welcome. Mark Williamson: Good afternoon. My name is Mark Williamson. My street address is 9000 World Trade Center, Norfolk. I'll talk briefly. I know you've been here a while. This is an amendment to an existing Use Permit application for the Lowe's Home Improvement Store on Holland Road in Virginia Beach. It's here for two reasons. Essentially the application does want us to expand the existing garden center by approximately 13,000 square feet to keep up with the demand that we have for that store. Also, there is some outside storage that we're trying to consolidate and permit and bring in and essentially do some aesthetic enhancement to that. In short, we believe this will be a substantial benefit and increase the aesthetics of the store. By expanding the garden center, we'll be able to take some materials that are currently stored outside in a less aesthetically pleasing fashion, bring them inside the fence. The fence will be a substantial upgrade from the existing fence out there. There are two fences out there. One is a 20-foot high fence, steel chained fenced. I think there is an 8 foot fence. This will consolidate everything within one 20 foot high fence but it will have brick pilasters and some black vinyl screening and will be aesthetically much more better to look at then the existing fence. Secondly, the outside storage items, particularly the sheds that are out there now, will be consolidated in a specific location. And there will be some screening and landscaping down around that location with a fence and some landscaping. And finally, I think there is some mulch that we would like to be able to store on a seasonal basis. It will permit that. I think the months are sort of April through July but that would not be a permanent situation. That would be a temporary situation. I did note in the pre meeting that there are a couple of concerns about the consolidation on the Rosemont Road side of this site. I did want to point out one thing and offer a couple of suggestions. One is, by the time we're done, yes, the fence will move 70 feet from the existing 20 foot fence but if you go out, there is also an 8 foot fence which is kind of the one that marks the boundary lines right now and this would actually be about a 20 foot movement towards Rosemont Road from that fence. It will leave us with essentially one row of parking spaces and a 24-foot drive out, which we feel is more than adequate to support the traffic around the site. Finally, I did want to mention to people who are concerned Item #26 Lowe's Home Centers, Inc. Page 2 with the aesthetics of the site over on that side, I think I talked to the project engineers and there are some things that we can consider including taking the black vinyl meshing, which I think right now is 8 foot high and taking that up to 20 feet if people think that would improve the situation. Also, we could proffer up some additional landscaping on a piece that is on the Rosemont Road side of that and if people think that would enhance the site we certainly would be agreeable to that. The conditions as stated in the agenda are satisfactory. I have the project architect with me here if you have questions of a more technical nature and the store manager. Thank you for your consideration. Dorothy Wood: Thank you Mr. Williamson. Would you answer questions Mr. Williamson? Comments? Sir, could you answer the question? Mark Williamson: I'm sorry. Barry Knight: You said you proposed to move this large fence over 70 feet and the height of this new proposed fence is going to be how tall? Mark Williamson: It's 20 feet. To be clear, there is a 20 foot fence right there. But then there is a second fence, which is about 50 feet away from the 20-foot fence, which is 8 feet high. We would take away both those existing fences. We would include one 20- foot high fence of course with brick pilasters and a much more aesthetically pleasing fence. And that fence would be 70 feet from existing 20-foot high fence that is right now. Barry Knight: I understand. I see the diagram up here. The numbers are very hard to read on our little sheet. How far apart are those brick pilasters? Mark Williamson: I'm going to defer to the project architect. I think he is a little more expert on the fence and how they work, if that's okay? Randy Belling: My name is Randy Belling with Arcvision from St. Louis. I will answer any questions you need. That is usually typically 30 feet spacing between each pilaster. Barry Knight: The concern I had that I addressed in the pre -meeting was I understand moving it 70 feet. I understand you going up 20 feet and you have 30 feet in between. Is the aesthetics on where you can go by and see your red bags, your white bags and stuff and the attorney did say that you all will be agreeable to bringing the black mesh, which would help hide the view to the top of the fence. Is that correct? Randy Belling: That is correct. Barry Knight: And additional landscaping? Randy Belling: That is correct. Yes. Item #26 Lowe's Home Centers, Inc. Page 3 Barry Knight: Those were the only concerns that I had and other than that I don't have any concerns. Dorothy Wood: Eugene. Eugene Crabtree: If I understand you're going to be bringing this out to the fence and this is still going to leave you a 24 foot wide driveway which is large enough to accommodate tractor trailers, etc. with no problem right? Randy Belling: Right. Eugene Crabtree: Alright. Randy Belling: If you notice on the plan we got 35 feet around the back to come around that way too. Dorothy Wood: Anyone else? Thank you sir. Is there any other comments or questions? Joseph Strange: I make a motion that we approve the application. Dorothy Wood: A motion made by Mr. Strange and a second by Mr. Crabtree. Barry Knight: Will it be with the additional condition? Dorothy Wood: We certainly can sir. Do you wish to add those conditions sir? Barry Knight: If I may. Dorothy Wood: I think we need to state the conditions. Bill Macali: I think that would certainly help to clarify exactly what the Commissions is voting on. Dorothy Wood: Thank you. Barry Knight: Would you like for me to state them? Dorothy Wood: Please. Barry Knight: Please, if the person who made the motion, I would like to see a final screening go up to the top to 20 foot of chain link and some additional landscaping be done. Dorothy Wood: Thank you sir. Item #26 Lowe's Home Centers, Inc. Page 4 Barry Knight: Would you like to amend your motion to that? Joseph Strange: I amend my motion to include that. Eugene Crabtree: I'll still second it. AYE 11 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the application of Lowe's Home Centers, Inc. has been approved by the Board. l.! �' IJr (.'h rr-hf, {.r!' Ur(,� yf,:� U�ii Strip ;r e'S: la lti¢:!ti # I DATE IREQUEST I ACTION 1. 4-14-04 Conditional Use Permit (Expansion — Portable Classrooms) Approved Street Closure 7-9-02 Conditional Use Permit (Parking Lot) Approved 8-14-01 Conditional Use Permit (Church / School Expansion) Approved 5-9-95 Conditional Use Permit (Church / Additions) Approved 4-12-94 Rezoning (R-5S Residential to RT-3 Resort Tourist) Approved 6-9-92 Street Closure Approved 3-10-92 Conditional Use Permit (School) Approved 9-25-90 Conditional Use Permit (50 unit Motel) Approved 11-8-65 Rezoning (R-3 Multiple Family Residence to M-H Motel- Approved 8-10-64 Hotel) and Conditional Use Permit (36 unit Motel) Approved 2. 4-11-00 Conditional Use Permit (Recreational Facility of an Outdoor Approved Nature) 3. 1-26-93 Conditional Use Permit (Recreational Facility of an Outdoor Approved Nature) 4. 2-14-95 Conditional Use Permit (Parking Lot) Approved 5. 3-10-98 Street Closure Approved 6. 5-26-92 Conditional Use Permit (Recreational Facility of an Outdoor Approved Nature) 7. 5-8-01 Street Closure Approved a•� y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Star of the Sea Church — Change of Zoning District Classification and Conditional Use Permit (church and accessory uses) MEETING DATE: November 9, 2004 ■ Background: An Ordinance upon Application of Star of the Sea Church for a Change of Zoning District Classification from A-12 Apartment District and R-5S Residential District to Conditional RT-3 Resort Tourist District on property located at 1404 Pacific Avenue (GPINS 24271585750000;-66460000;-67220000;-57970000; - 58710000;-58540000;-58040000;-48650000;-49510000;-49010000; - 39310000; 24271661750000; -50540000; -51470000; -41020000; -64030000; - 65260000; -55750000;-55240000;-44490000). The Comprehensive Plan designates this area of the city as the Resort Area, an area planned for resort uses including lodging, retail, entertainment, recreational, cultural, and other uses. DISTRICT 6 - BEACH An Ordinance upon Application of Star of the Sea Church for a Conditional Use Permit for a church and accessory uses on property located at 1404 Pacific Avenue (GPINS 24271585750000;-664600001-67220000;-57970000; - 58710000;-58540000;-58040000;-48650000;-49510000;-49010000; - 39310000; 24271661750000; -50540000; -51470000; -41020000; -64030000; - 65260000; -55750000;-55240000;-44490000). DISTRICT 6 — BEACH ■ Considerations: The applicant appeared before the Planning Commission in April 2004 and the City Council in May 2004 to request a Conditional Use Permit for portable classrooms. At that time, City Staff, the Planning Commission and the City Council expressed concerns over the piecemeal development that has occurred on the site in recent years and urged the applicant to submit a master plan of development for the expansion of the church and school. The applicant, therefore, submitted this current request, which provides the applicant's vision for future development of the site. The applicant has submitted a plan that includes four phases of development: • Phase 1 is for the construction of a Parish Hall. The building will be attached to the northern end of the existing church. It will be two stories in height with a total of 31,440 square feet. Star of the Sea Church Page 2 of 3 • Phase 2 will be for the replacement and expansion of the existing school. The existing one-story school building on the main church site will be demolished and replaced with a three-story building containing 53,648 square feet. A two-story addition of 9,480 square feet will be added to the existing gym and recreation center. • Phase 3 will include the construction of a retreat center of 26,384 square feet, two -stories in height, and a two-story, 5,384 square foot addition to the church, on the south side of the building, for administrative offices. • Phase 4 includes an expansion to the existing church, and possibly a columbarium provided the ordinance is amended to allow the use conditionally as an accessory to worship facilities. The Planning Commission placed this item on the consent agenda because it is an existing use and appropriate for the site, there was no objection, and Staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the requests as proffered and with the following conditions: The site shall be developed in substantial conformity with the submitted plan entitled "Conditional Use Permit / Conditional Rezoning, dated July 1, 2004, prepared by Pentecost, Deal and Associates, Inc., Architects", a copy of which is on file with the City of Virginia Beach Department of Planning. 2. The exterior of the church complex shall substantially adhere to the color coordinated exhibit prepared by Pentecost, Deal and Associates, Inc., Architects, dated July 1, 2004, a copy of which is on file with the City of Virginia Beach Department of Planning. 3. The applicant shall work with staff to insure that traffic flow and related issues during worship services and school drop-off and pick-up are addressed. 4. There shall be no further entrances or exits permitted on Pacific Avenue. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Star of the Sea Church Page 3of3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . 'L ,Z =T STAR OF THE SEA CHURCH W � Agenda Items # 4 & 5 October 13, 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: Location and General Information 4. Change of Zoninq District Classification from A-12 Apartment District and R-5S Residential District to Conditional RT-3 Resort Tourist District. 5. Conditional Use Permit for a church and related accessory uses. Property located at 1404 Pacific Avenue Star of the Sea Church y rh x RT ., r L 'K-' HOLLY ].w GPIN: 24271585750000;-66460000;-67220000;-57970000;-58710000; - 58540000;-58040000;-48650000;-49510000;-49010000; - 39310000; 24271661750000; -50540000; -51470000; -41020000; - STAR OF THE SEA CHURCH Agenda Items # 4 & 5 Page 1 64030000; -65260000; -55750000; -55240000; -44490000 COUNCIL ELECTION DISTRICT: DISTRICT 6 — BEACH SITE SIZE: 6.5 acres (283,048.78 square feet) EXISTING A church, school, administrative offices, and associated accessory LAND USE: uses occupy the site. SURROUNDING North: . 15th and 161h Streets LAND USE AND • Single-family and multiple -family dwellings / A-12 ZONING: Apartment District South: • Lake Holly East: . Pacific Avenue Across Pacific Avenue are resort related uses / RT-2 Resort Tourist District West: . Arctic Circle Across Arctic Avenue are single-family dwellings / R-5S Residential NATURAL RESOURCE The site is mostly impervious, covered by buildings and parking AND areas. Grassy, landscaped areas exist on the southern portion of the CULTURAL site adjacent to Lake Holly. From a historic perspective, the chapel FEATURES: has existed on the site since 1915. AICUZ: The site is in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana. It is recommended that measures to achieve noise level reduction be incorporated into the design and construction of the additions as set forth in the Virginia Beach City Zoning Ordinance. Summary of Proposal` The applicant appeared before the Planning Commission in April 2004 and the City Council in May 2004 to request a Conditional Use Permit for portable classrooms. At that time, City Staff, the Planning Commission and the City Council expressed concerns over the piecemeal development that has occurred on the site in recent years and urged STAR OF THE SEA CHURCH Agenda Items # 4 & 5 Page 2 the applicant to submit a master plan of development for the expansion of the church and school. The applicant, thereofre, submitted this current request, which provides the applicant's vision for future development of the site. The applicant has submitted a plan that includes four phases of development: • Phase 1 is for the construction of a Parish Hall. The building will be attached to the northern end of the existing church. It will be two stories in height with a total of 31,440 square feet. • Phase 2 will be for the replacement and expansion of the existing school. The existing one-story school building on the main church site will be demolished and replaced with a three-story building containing 53,648 square feet. A two-story addition of 9,480 square feet will be added to the existing gym and recreation center. • Phase 3 will include the construction of a retreat center of 26,384 square feet, two -stories in height, and a two-story, 5,384 square foot addition to the church, on the south side of the building, for administrative offices. • Phase 4 includes an expansion to the existing church, and possibly a columbarium provided the ordinance is amended to allow the use conditionally as an accessory to worship facilities. The proposed site development plans and architectural renderings present a coordinated development of the site. The proposed buildings are of architectural designs that are both complementary to the resort related atmosphere east of Pacific Avenue and yet acceptable in a residential area. Major issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Consistency with the Comprehensive Plan recommendations for the area. • Compatibility with the surrounding resort and residential uses. STAR OF THE SEA CHURCH Agenda Items # 4 & 5 Page 3 Comprehensive Plan The Comprehensive Plan Map designates this area of the city as the Resort Area, an area planned for resort uses including lodging, retail, entertainment, recreational, cultural, and other uses. The Oceanfront Resort Area Concept Plan and the Creating an Old Beach District Center Plan contain general planning guidance and principles with regard to creating an attractive, wholesome, family resort destination, establishing complementary resort activity centers, and the need to ensure excellence and a quality image in all resort area development. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "CONDITIONAL USE PERMIT / CONDITIONAL REZONING, DATED JULY 1, 2004, MADE BY PENTECOST, DEAL AND ASSOCIATES, INC., ARCHITECTS" ("the Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. PROFFER # 2 The property shall be used as a church, church school, religious retreat facility, church offices, church meeting STAR OF THE SEA CHURCH Agenda Items # 4 & 5 Page 4 rooms, a parish hall, kitchen facilities to serve same, and as an accessory use, a columbarium for the internment of parishioners ashes, and for any and all uses customary and compatible with the purposes and functions of the Catholic Church of the Southern Diocese of Virginia. PROFFER # 3 When the Property is developed, it shall be developed substantially as shown on the exhibit prepared by PENTECOST, DEAL AND ASSOCIATES, INC., ARCHITECTS dated July 1, 2004, said exhibit being the same exhibit being submitted to the City Council and is on file in the Planning Department of the City of Virginia Beach, Virginia (the "Site Plan"). PROFFER # 4 The exterior of the church complex shown upon the Site Plan shall be substantially similar in appearance to the Plan prepared by Pentecost, Deal and Associates, Inc., Architects dated July 1, 2004, said exhibit being the same exhibit as the color coordinated exhibit being submitted to the City Council and is on file in the Planning Department of the City of Virginia Beach, Virginia (the "Rendering"). PROFFER # 5 Further conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which, if agreed to by Grantor, shall be observed or performed by Grantor. PROFFER # 6 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 conditions and restrictions specified in this Agreement, including (i) the authority by written order to remedy any noncompliance with such conditions and restrictions, and (ii) the authority to bring legal action or suit to insure compliance with such conditions and restrictions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings. STAR OF THE SEA CHURCH Agenda Items # 4 & 5 Page 5 Staff Evaluation of The proffers are acceptable. The agreement insures that a Proffers; coordinated development of the site will occur with regard to site layout, building design and landscaping. The proffer agreement insures the proposed use of the site is defined and limited to the church and accessory uses. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated July 1, 2004, and found it to be legally sufficient and in acceptable legal form. Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the `Major Issues' identified above. The proposal's strengths in addressing the `Major Issues' are (1) The conditional rezoning from A-12 Apartment District and R-5S Residential District to Conditional RT-3 Resort Tourist District and a Conditional Use Permit request to expand the existing church, construct a new parish hall, kitchen facilities and administrative offices accessory to the church, and school is consistent with the Comprehensive Plan recommendations for the area. (2) The church has been located on the site since the early 1900s. The school has been located on the site since 1950. Both uses have proven to be compatible with and complementary to the surrounding uses. Staff, therefore, recommends approval of this request. Conditions 1. The site shall be developed in substantial conformity with the submitted plan entitled "Conditional Use Permit / Conditional Rezoning, dated July 1, 2004, prepared by Pentecost, Deal and Associates, Inc., Architects", a copy of which is STAR OF THE SEA CHURCH Agenda Items # 4 & 5 Page 6 on file with the City of Virginia Beach Department of Planning. 2. The exterior of the church complex shall substantially adhere to the color coordinated exhibit prepared by Pentecost, Deal and Associates, Inc., Architects, dated July 1, 2004, a copy of which is on file with the City of Virginia Beach Department of Planning. 3. The applicant shall work with staff to insure that traffic flow and related issues during worship services and school drop-off and pick-up are addressed. 4. There shall be no further entrances or exits permitted on Pacific Avenue. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. STAR OF THE SEA CHURCH Agenda Items # 4 & 5 Page 7 Supplemental Information Zoning History �_:f iC?(flxf(,�'d:21! ,%f?fifF1'r; r�li?ft�t_' i�i)F"i.•i-7 �f IC„7-1 y('--�i_ CUP Or Church, Chjurcfa ft,o 1, ' ' es # I DATE IREQUEST ACTION 1. 4-14-04 Conditional Use Permit (Expansion — Portable Approved Classrooms) 7-9-02 Street Closure Approved 8-14-01 Conditional Use Permit (Parking Lot) Approved 5-9-95 Conditional Use Permit (Church / School Expansion) Approved 4-12-94 Conditional Use Permit (Church / Additions) Approved 6-9-92 Rezoning (R-5S Residential to RT-3 Resort Tourist) Approved STAR OF THE SEA CHURCH Agenda Items # 4 & 5 Page 8 3-10-92 Street Closure 9-25-90 Conditional Use Permit (School) 11-8-65 Conditional Use Permit (50 unit Motel) 8-10-64 Rezoning (R-3 Multiple Family Residence to M-H Motel - Hotel) and Conditional Use Permit (36 unit Motel) 2. 4-11-00 Conditional Use Permit (Recreational Facility of an Outdoor Nature) 3. 1-26-93 Conditional Use Permit (Recreational Facility of an Outdoor Nature) 4. 2-14-95 Conditional Use Permit (Parking Lot) 5. 3-10-98 Street Closure 6. 5-26-92 Conditional Use Permit (Recreational Facility of an Outdoor Nature) 7. 5-8-01 Street Closure Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved Public Agency Comments Public Works Master Transportation Pacific Avenue adjacent to this site is considered a Plan (MTP): four -lane undivided minor urban arterial. Additional entrances onto Pacific Avenue are prohibited. There are currently no Capital Improvement Program projects to upgrade this roadway at this time. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use - 175 ADT 20,981 22,800 Pacific Avenue ADT' ADT' Proposed Land Use s - 329 ADT nvei aye va'y No gas defined by the existing mixed use of School and Church 3 as defined by the proposed mixed use of School, Church and Retreat Center Trip Generation for Sunday: Existing - 612 ADT existing mixed use of School and Church Proposed —1,291 ADT proposed mixed use of School, Church and Retreat Center STAR OF THE SEA CHURCH Agenda Items # 4 & 5 Page 9 Public Utilities Water: An eight -inch water main exists in 15 InStreet. A six-inch water main exists in Arctic Crescent, and a four -inch water main exists in Arctic Circle. The site is connected to City water. Sewer: An eight -inch sanitary sewer main exists in 15 Street and a 24-inch sanitary sewer main exists in Arctic Circle. The site is connected to City sewer. Sanitary sewer and pump station analysis for Pump Station 3 is required to determine if proposed flows can be accommodated. Public Safety Police: In an effort to reduce opportunity for crime, the applicant should review and incorporate safety by design concepts and strategies contained in the Planning Department's "Crime Prevention Through Environmental Design - General Guidelines for Designing Safer Communities" booklet. Fire and Rescue: Fire Department concerns will be addressed during the building permit process. STAR OF THE SEA CHURCH Agenda Items # 4 & 5 Page 10 Y Exhibits Exhibit A Aerial of Site Location STAR OF THE SEA CHURCH Agenda Items # 4 & 5 Page 11 Exhibit B Proposed Site Plan STAR OF THE SEA CHURCH Agenda Items # 4 & 5 Page 12 Z a Mi a 19 W i- W a Exhibit D Proposed Building Elevation STAR OF THE. SEA CHURCH Agenda Items # 4 & 5 Page 13 z 4 CL ce l` yyr�� STAR OF THE: SEA CHURCH Agenda Items # 4 & 5 Page 14 Z 99 IL ce W d STAR OF THE SEA CHURCH Agenda Items # 4 & 5 Page 15 z w w W V) 0 U �h 4i Vi .'T-a 'S �` c .. rt` CL ,� �• a3 .L tS a 3 c Uj CL Uj Q a �LU Lzz c�Eo ..,y , ra o G .� e 0 z a 6 C .�•... s C 2 C ;j f +a J � : _(,.", f „�^�, r•� Ley.' _ Exhibit E Disclosure Statement STAR OF THE SEA CHURCH Agenda Items # 4 & 5 Page 16 Item #4 & 5 Star of the Sea Church Change of Zoning District Classification from A-12 Apartment District and R-5S Residential District to Conditional RT-3 Resort Tourist District Conditional Use Permit 1404 Pacific Avenue District 6 Beach October 13, 2004 CONSENT William Din: The next items I have are two items for the Star of the Sea Church. This is Item #4 & 5. Item #4 is a Change of Zoning District Classification from A-12 Apartment District and R-5S Residential District to Conditional RT-3 Resort Tourist District. This is on property located at 1404 Pacific Avenue and Item #5 is a Conditional Use Permit for a church and accessory use on property located at 1404 Pacific Avenue. Both of these are located in the Beach District. John Richardson: Good afternoon. I'm John Richardson. I'm a local attorney and I represent the applicant in this matter. The four conditions mentioned in the request or in Arm'' the conditions are acceptable to us. We appreciate being on the consent agenda. William Din: Thank you. John Richardson: Thank you. William Din: Is there any opposition to placing this on consent? If not, Ms. Jan Anderson will explain this item. Janice Anderson: Thank you. This application request to change the zoning from residential to the RT-3, and also for a Conditional Use for a church, there will be a school site, recreation hall, a gym facility for the school and also a retreat facility for the church. The church has existed at this location near the Oceanfront since 1900. The school has actually operated from this site since 1950. The church has submitted a Master Plan now for future development, which the Commission believes is a very attractive plan and an appropriate use for the area. It services the local area and residents down there and also the tourist community when they come through to provide a place of worship. We believe this is an attractive plan and appropriate and recommend approval. William Lin Tian you s. Anderson. - ac)-ariie Chair, ] would like to make a motion to approve the following consent agenda items, Items #4 & 5 Star of the Sea Church for a Change of Zoning Classification from A-12 Apartment District and R-5S Resident District to Conditional RT-3 Resort Tourist District and a Conditional Use Permit for a Item #4 & 5 Star of the Sea Church Page 2 church and accessory uses on property located at 1404 Pacific Avenue in the Beach District. Dorothy Wood: Thank you. Do I hear a second? A motion by Will and seconded by Ms. Katsias. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, these consent agenda items have been approved by the Board. May 8, 2001 core of the City are towers that are being built for capacity problems where you have too many people using the system so they have to add sites in between. MAYOR OBERNDORF: Thank you, Mr. Forehand. C.E. FOREHAND: Thank you. MAYOR OBERNDORF: Are there any other speakers? CITY CLERK: Only Nicole who came to you before. COUNCIL LADY HENLEY: Are you ready for a motion? MAYOR OBERNDORF: Yes. COUNCIL LADY HENLEY: I'm going to move that we defer until we get the Staff's report just as I did on the other. As I just look at this map, which I had been given by Mr. White, it shows I guess where things are supposed to be. All of this that we have just heard really troubles me, because there aren't any other towers until you get up to the Pungo stoplight area and it looks to me like that's an awful big area then, if we're following this every -- whatever this distance is that we don't have something up here. I just want to make sure that we don't do these once a month until we suddenly wake up one day and we have just got towers all over everywhere. I want to see the total plan. MAYOR OBERNDORF: okay. There's a motion by Mrs. Henley to defer indefinitely and a second by Mrs. Wilson. CITY CLERK: You have one abstention and 9 to 1 -- excuse me. one abstention and 9 to 1 or 10 to 1 -- 8 to 1. I will get it right in a minute. It's 8 to 1 with one abstention, Mrs. Parker, who stated that earlier. 11 May 8, 2001 use them to send E-mails, check the Internet. So, we are spacing the towers about every five miles to carry the voice load, but we're also thinking about in the very near future making the leap to the third -generation technology where the systems are going to be able to transmit data, video, and what have you. So, the spacing of roughly -- it's roughly four to six miles depending on the terrain. The vegetation is pretty much the same. So, they are spaced about every four to five miles. COUNCIL LADY HENLEY: Well, if you're going to be putting one at the Blackwater Fire Station and you're putting one here in between there as the crow flies it's not very far and there's nothing in between these two towers except vegetation. C.E. FOREHAND: Right. COUNCIL LADY HENLEY: There are no people. C.E. FOREHAND: Right. COUNCIL LADY HENLEY: I don't understand. Well anyway -- C.E. FOREHAND: The marketing departments of these major carriers are the ones that design. Basically the RF engineers base it on what the marketing engineers tell them where the market is going. I didn't design the system. I'm just trying to implement it. COUNCIL LADY HENLEY: Okay. C.E. FOREHAND: But there's evidently a marketing desire for traffic coming in and out of the area and for, you know, existing populations within this area. It's really the last section I guess of the City that is being proposed to be built -out, because the rest of the City is pretty much built -out. The only other tower applications you're seeing in the 10 May 8, 2001 ROBERT SCOTT: That's my impression. MAYOR OBERNDORF: Mrs. Henley. COUNCIL LADY HENLEY: I have another question for Mr. Forehand. You indicated that you -all are trying to locate these about five miles apart. Well, I'm assuming that's as the crow flies? C.E. FOREHAND: Yes, ma'am. COUNCIL LADY HENLEY: It seems like they are getting closer than that. C.E. FOREHAND: Well, in high capacity areas they are. COUNCIL LADY HENLEY: But this is a very low capacity area. You're putting this one right on the North Landing River. C.E. FOREHAND: Right. COUNCIL LADY HENLEY: There's nobody to serve on the North Landing River. I don't think. C.E. FOREHAND: Right. You're covering the areas and then the traffic between the sites basically. When you get into rural areas and you have less capacity, the spacing between the towers can be greater up to -- on a digital system up to five to six miles and what's happening in the industry is -- see you have these digital systems, the telephones that they're working on; but on the other side you have all of the carriers trying to make the leap to the third -generation technology where you're going to be transmitting more data and information as opposed to voice communications. So, right now with Verizon, Sprint -- any of the digital technologies. You can use these phones for voice, but you can also 9 May 8, 2001 150. It depends on the density of the service area and the number of users on the towers. A lot of the sites you see along the interstate are at least 150 -- in some areas you can get by with less height, but the lower you go on the pole the signal is going to broadcast and then sooner or later it's going to fall to the earth. So, if the site is not tall enough, it's not going to link up with the additional sites in the network and you're going to need a another site in between, in the middle. So, we try to design these. Then, in rural areas we generally try to design the sites 250 to 300 feet, but we've taken exception in the City of the Virginia Beach because generally monopole towers are a more acceptable tower. About the tallest you can build a monopole without getting into problems with foundation is about 220 feet. So, actually any monopole -- the higher you go above 199 feet with the monopole the more problems you get with being able to support with the foundations and things of that nature. So, we are trying to cover the area with as low of an impact tower as we possibly can and still be able to get the height required to link up with additional sites in the system. COUNCIL LADY EURE: And I have one question for Staff. I thought the 199-foot tower was sort of the exception rather than the rule. Do we have a feel for how many towers and at what height we have? ROBERT SCOTT: I think that's what Mrs. Henley asked us to outline to you. COUNCIL I.ADY EURE: It seems to me they have been like 100 -- I know the one in Fairfield is -- ROBERT SCOTT: My impression from the ones that we've been reviewing and bringing to you is that 150 feet is closer to the average. COUNCIL LADY SURE: Okay. Thank you. 8 May 8, 2001 technology and Nextel has an separate type of technology. It's around an 800-megahertz technology, and that's why it has the interference that it has with the 911 system. But, I think that we are also working with the 911 coordinators for the City of Virginia Beach and we're trying to alleviate the problems. There are some things that can done there and when Nextel decides -- and like I said, it will probably be more like next year, but when they decide that they want to go on this site or any of the other sites we're being proactive and we're working with Bob Nibarger with the City to alleviate the problems that he has basically. MAYOR OBERNDORF: Are there any other questions? COUNCIL LADY EURE• I have a couple for him. MAYOR OBERNDORF: Mrs. Eure. COUNCIL LADY EURE. How tall are the other towers that you built in the rural area? C.E. FOREHAND: The one closer to the Southern end of the City -- it was designed for 220. We actually built the tower to 199 to avoid the lighting and it actually is extendable for an additional 20 feet in case anybody would need that extra height. But Nextel is the primary carrier on that tower. And they decided that they could get away with 199 feet on that tower they originally designed for 250. We compromised, because we wanted to do a monopole structure to be less of an impact. We compromised to a 220-foot site and they did some propagation studies and decided they could get away with 199 to alleviate the lighting on that site. COUNCIL LADY EURE: Why are your towers so tall as compared to those that are 90 and 100 feet? C.E. FOREHAND: Most of the towers in this area are at 7 May 8, 2001 Chesapeake side in Fentress and then they have also designed a site for the area near the Blackwater Fire Station. So, what I'm saying is that there is no existing digital network in Southern Virginia Beach and this network that we have designed here will fit in with all of the major carriers, because nobody has coverage in this location. COUNCIL LADY HENLEY: You mean I can't use my cell phone down there? C.E. FOREHAND: You can't use it digitally. You may pick up an analogue signal, but basically there is no digital coverage in that portion of the City and we have to -- we basically are carrier driven. If one of your clients tells us they have funding to move forward with a site, that's when we move forward with it. So, it's a slow progression. We basically go on a quarterly basis. They may say they are going to build three sites this quarter, four sites next quarter, five sites in the fourth quarter. so, we basically go on that format. We are entirely carrier driven. We take our sites -- we do not design our sites based on what the carriers need is, and the information that we're getting from the carrier such as Sprint, Nextel, Version, Ntelos and all the market carriers. Incidentally, I think there was a question on who are the market carriers in this market. There are six existing and one to come. You have Sprint, Nextel, Verizon, Alltel, SunCom, Ntelos and soon to be launching within the next year and -a -half will be Voice Stream. Voice Stream is an entirely different technology. That is the European standard. The Voice Stream technology will be compatible with Europe. The different technologies that we have here: Alltel, Sprint, Verizon, Ntelos all work on a CMDA technology. SunCom has a TDMA 6 May 8, 2001 COUNCIL LADY HENLEY: Yeah, I'm about to explode. Do you mean you were the same Applicant that came in on the Land of Promise and also the one we did down at Munden's? C.E. FOREHAND: Yes, ma'am. COUNCIL LADY HENLEY: You've been coming in one at a time. Why didn't you show us the overall plan instead of coming in one at a time and now all of a sudden we have got this -- you know all of these. I mean are you telling me that you knew all along there was going to be this many? C.E. FOREHAND: There is a network. They are roughly spaced out at about every five miles. COUNCIL LADY HENLEY: Obviously. What more goes in this network. That's what I'm asking for. I want to know the whole picture. I don't want to do these things one at a time. C.E. FOREHAND: It's basically carrier driven. So as soon as we have an indication from the carrier that they have funding to start this site, then that's basically when we have started the site. COUNCIL LADY HENLEY: so, you're speculating, you're building these and then leasing to other -- you're not leasing it yourself? C.E. FOREHAND: We basically are an infrastructure provider and the entire industry, the telecommunications industry is moving towards using tower companies to provide them with the infrastructure, because it's saving them on a nationwide basis. It's saving them billions and billions of dollars. These sites are taken directly from the Sprint Network design. So, it's not a speculation. Sprint has designed a site for the Creeds area, the site at Land of Promise. They have another site on the 5 May 8, 2001 Virginia Beach and we have met with Bob Nibarger. We have been real proactive on that and he indicated to us that he would grant us a waiver on a Sprint Application on this tower, because the Sprint technology, the CDMA technology does not interfere with the 911 system. He's more concerned with Nextel and their technology having the interference with the 911 and Nextel actually is interested in this site. I do not believe that they would be interested in locating on this site this year. so, what we have done is we have set up meetings with Mr. Nibarger, Nextel and us as a consultant to try to alleviate any concerns that he may have in the future when Nextel does, in fact, make Application to this tower. The site is being developed in a wooded area. We designed the site around the existing, natural vegetation that we're basically trying to take out the least amount of existing foliage as possible. We have actually designed the site in between two large trees on the property so that we can take advantage of the buffering that is going to be provided from the larger mature trees on the property and will be adding landscaping around the fenced area on the site. We've provided an RF study, propagation maps, radio frequency study on the site and we believe that this is proof of the need for a site in this location. We're linking up with other sites that have been designed within the Southeastern portion of the City and we don't anticipate there would be an additional need for more sites near this site, because of the planting in the area. I mean it's basically behind the Green Line. The only reason you would need to add sites is if the population capacity on the system, the number of people using the system would grow. That would be the only need to add additional sites in this area and if the current planning stays the same for this area, I don't see in the foreseeable future having a need for any additional sites within the Creeds area. So, basically if I could entertain any questions. MAYOR OBERNDORF: Mrs. Henley. ►i May 8, 2001 up previously about this site. As far as where are existing sites, this site is being designed to provide coverage in Southern Virginia Beach. So, pretty much we already know where the existing sites are in Southern Virginia Beach. We have just developed a site in the Southern -most portion of Virginia Beach near Knotts Island and that site is roughly five miles away from this site that we call Creeds. The next site in the network is at the intersection of Land of Promise Road and Blackwater Road, which is roughly five miles, four to five miles away from the Creed's site that we're discussing here tonight. There is another site designed near or actually at the Blackwater Fire Station on Blackwater Road. This design basically was a design that was done by Sprint. The sites, like I said, are roughly spaced out about every five miles with the digital coverage that Sprint has -- it's CDMA technology. It's pretty compatible with a lot of the other carriers that are in this market. Sprint has the CDMA technology. Verizon has the CDMA technology. Alltel and Ntelos have CDMA technologies. They pretty much would have the same spacing requirements in those technologies that Sprint would have, and since there are really no other sites developed in Virginia Beach we could conclude that this site could work for all of those other carriers. The technology, the TDMA technology that sunCom operates on is similar to the CDMA technology that the other carriers operate on and the spacing would be similar. It's a little bit shorter in distance, but they should also be able to operate in the same network. So, basically the network that we are proposing in Southern Virginia Beach would consist of about four sites. We're making these sites as low impact as possible with the monopole design. This is a 199-foot tower so it would be under the lighting requirements. So, it will require no lighting. Basically, it's as low impact design as we can get and still get enough height to be able to broadcast and have connectivity with the other sites in the network. I believe that there was some concern with the existing 911 system in 3 May 8, 2001 NICOLE COUNTS: Good evening. I'm Nicole Counts with S.B.A. Towers. We're requesting that you drop us down a couple of items. I was at you Briefing this afternoon and C.E. Forehand is our Territory Manager and I think that he might be able to answer some of your questions this evening. MAYOR OBERNDORF: If no one on Council has any problem about dropping this down, we will do that. NICOLE COUNTS: Thank you. MAYOR OBERNDORF: You're welcome. (Whereupon, the Application of S.B.A., Incorporated, was dropped down to be heard later in the Meeting.) MAYOR OBERNDORF: Ladies and Gentlemen, the Clerk sent a note that Mr. Forehand had arrived to speak on the S.B.A. Do you want to return to that, Mrs. Henley? COUNCIL LADY HENLEY: Yes, if everybody else does. MAYOR OBERNDORF: okay. CITY CLERK: Mr. Forehand, would you come forward please? C.E. FOREHAND: Good evening Mayor, Council Members. I am C.E. Forehand with S.B.A. Communications, Virginia Territory Manager. S.B.A Communications is a wireless consulting firm and also a wireless infrastructure company. We develop wireless infrastructure and lease that back to all of the major carriers in this market nationwide. I'm here basically to answer any questions that you -all may have and hopefully to alleviate some of the concerns. I was briefed a little bit on some of the concerns that were brought 2 MAYOR OBERNDORF: May 8, 2001 I now declare a Public Hearing for the Planning Items. CITY CLERK'_ The first would be the Application of S.B.A., Incorporated, for a Conditional Use Permit for a tower, a communication tower at 2165 Pungo Ferry Road, District 7 - Princess Anne. We do have speakers, Your Honor. MAYOR OBERNDORF: Thank you, Madam Clerk. Mrs. Parker. CITY CLERK: Nicole Counts. MAYOR OBERNDORF: Oh, Mrs. Parker needs to make a disclosure. CITY CLERK: I know. COUNCIL LADY PARKER: Yes, ma'am. I will read it into the record here. Pursuant to the Virginia Conflict of Interest Act, Virginia Section 2.1-639 Code of Virginia. I make the following declaration: The transaction for which I am executing this written declaration is for the Council consideration of an Application for a Conditional Use Permit for S.B.A., Incorporated. The nature of my personal interest is that my husband and I are owners of Parker Pools, Incorporated, and provide services to the father of the property owner for who the Conditional Use Permit is sought. To my knowledge the father of the Applicant has no financial interest in the transaction pending before Council. Though the City Attorney has advised me that I am not required to disclose this interest as it does not meet the criteria of personal interest in the transaction under the Conflict of Interest, I wish to disclose this interest and to deal with the appearance of conflict abstaining from participating in this transaction. Thank you, Madam Mayor. MAYOR OBERNDORF: Thank you. 1 Virginia Beach City Council May 8, 2001 6:00 p.m. CITY COUNCIL: Meyera E. Oberndorf, Mayor W. D. Sessoms, Jr., Vice Mayor Linwood O. Branch, III Margaret L. Eure William W. Harrison, Jr. Barbara M. Henley Louis R. Jones Robert C. Mandigo, Jr. Reba S. McClanan Nancy K. Parker Rosemary Wilson CITY MANAGER: CITY ATTORNEY: CITY CLERK: STENOGRAPHIC REPORTER: At Large At Large District 6 - Beach District 1 - Centerville District 5 - Lynnhaven District 7 - Princess Anne District 4 - Bayside District 2 - Kempsville District 3 - Rose Hall At Large At Large James K. Spore Leslie L. Lilley Ruth Hodges Smith, CMC/AAE Dawne Franklin Meads VERBATIM Planning Application of S.B.A., Incorporated - 28 - Item VI--I.2. PLANNING ITEM # 48130 Nicole Counts, 2200 Colonial Avenue, Suite 24, Norfolk VA. 23SI7, Phone. 274-0056 C. E. Forehand, Territorial Manager - SBA Tower, Inc., 2200 Colonial Avenue, Suite 24, Norfolk, VA 235I7, Phone: 274-0056, advised this application was designed by SPRINT. The other sites are spaced out approximately every five miles. The network being proposed in southern Virginia Beach would be composed offour (4) sites. The Sprint Technology does not interfere with the 911 system. COMIT is more concerned with the Nextel system. Upon motion by Council Lady Henley, seconded by Council Lady -Wilson, City Council DEFERRED INDEFINITELY, Ordinance upon application of SBA, INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SBA, INC FOR A CONDITIONAL USE PERMIT FOR A MULTI USE COMMUNICATION TOWER Ordinance upon application of SBA, Inc. for a Conditional Use Permit for a communication tower on the south side ofPungo Ferry Road, 146.70 feet west of Princess Anne Road (GPI #2309-5I-0736). Said parcel is located at 2165 Pungo Ferry Road and contains 48.70 acres. DISTRICT 7 - PRINCESS ANNE. Council Lady Henley requested a report on the location of existing towers (city-wide), indication of evaluatingfuture sites, and the issue of interference problems with the City's emergency communication system. Voting: 8-1 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf and Rosemary Wilson Council Members Voting Nay: William W. Harrison, Jr Council Members Abstaining: Nancy K. Parker Council Members Absent: Vice Mayor William D. Sessoms, Jr. Council Lady Parker DISCLOSED and ABSTAINED pursuant to Section 2.1-639.14(E) Code of Virginia, that she and her husband are owners of Parker Pools, Inc. and provide services to thefather of theproperty owner for whom the conditional use permit is sought. Although, the City Attorney has advised that she is not required to disclose this interest as it does not meet the criteria of a personal interest in the transaction under the Conflict oflnterests Act, Council Lady Parker wishes to disclose this interest and ABSTAINfrom participating in this transaction. Council Lady Parker's letter of May 8, 2001, is hereby made a part of the record. This item was voted upon after Item L4 (RHEMA HARVEST CIIURCID May 8, 2001 - 47- Item V-K.2. PLANNING ITEM #48595 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED INDEFINITELY Ordinance upon application of SSA, INC., for a Conditional Use Permit re a multiple use communication tower ORDINANCE UPON APPLICATION OF SBA, INC. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER Ordinance upon application of SBA, Inc. for a Conditional Use Permit for a communication tower on the south side ofPungo Ferry Road 1469.70feet west of Princess Anne Road (GRIN #2309-51-0736. Said parcel is located at 2165 Pungo Ferry Road and contains 48.70 acres. DISTRICT 7 - PRINCESS ANNE Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker Council Members Absent: None Council Lady ParkerABSTAINED on Item 2. Council Lady Parker and her husband are owners of Parker Pools. The applicant is the daughter of one of their clients. August 28, 2001 1 ZONING HISTORY 1. Conditional Use Permit and Subdivision Variance for Alternative Rural Residential Development — Granted 01/09/2001 2. Conditional Use Permit (Single Family Dwelling) — Granted 10-14-85 Conditional Use Permit ( Dog Kennel) — Denied 03-14-88 3. Conditional Use Permit (Cemetary) — Granted 04/14/86 Conditional Use Permit (Church Addn) — Granted 10-13-86 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SBA Communications — Conditional Use Permit for Wireless Communication Tower MEETING DATE: November 9, 2004 ■ Background: An Ordinance upon Application of SBA Communications for a Conditional Use Permit for a communications tower on property located at 2165 Pungo Ferry Road. DISTRICT 7 — PRINCESS ANNE. ■ Considerations: The applicant is requesting a conditional use permit for the construction of a 199 foot high communications tower and wireless communication antennas. The application was indefinitely deferred by the City Council on August 28, 2001. The applicant requested a deferral at that time for the purpose of investigating other alternative sites. The applicant recently contacted City staff and requested that this matter be brought back to the City Council. A change in the request since 2001 regards the primary user requesting antennas on the tower. In 2001, the primary user was Nextel. The applicant, SBA Communications, now notes that the primary user is Verizon Wireless. The City Zoning Ordinance requires evidence from an applicant of `need' for a wireless communication tower (Section 232(4)). City staff is not satisfied that this requirement has been met. A more significant change is one of policy. After the 2001 deferral, the City Council requested that City staff conduct a study of wireless communication towers in Virginia Beach and provide a report to the City Council on the result of the study, recommending policy changes if appropriate. City Council was concerned about the increasing height of towers in areas of the city where such height has a significant and possibly detrimental affect on the landscape. In the case of this application, the tower's height would make it visible from the Pungo Ferry Bridge, one of the more spectacular views in the city. City staff briefed the City Council on the study on October 23, 2001, and the City Council made a policy change as a result of the study. The change consisted of requiring that communication towers in the rural area of the city and in residential areas in the northern part of the city be "stealth" in design. Stealth towers are towers that are lower in height and appear to be objects commonly found in the landscape within which the tower is located, such as a tree, a light pole, a flagpole, a silo, or a church steeple. This application has not been evaluated under the new policy nor SBA Communications Page 2 of 2 has the Planning Commission had an opportunity to assess the application within the new changes and under the new policy. ■ Recommendations: The original 2001 application was recommended for approval by both the staff and the Planning Commission. However, as a result of the change in policy and the changes in the application, staff recommends that this application be referred back to the Planning Commission for its consideration after an evaluation of the application under the new policy. Staff has informed the applicant of this position. Until such an evaluation is done, staff cannot recommend approval of the application. ■ Attachments: Staff Report from 2001 Location Map Recommended Action: Referral to the Planning Commission. Submitting Department/Agency: Planning Department �- City Manager. AGENDA ITEM # 13 / CONDITIONAL USE PERMIT (Communications Tower) SBA COMMUNICATIONS (2165 Pungo Ferry Road) April 11, 2001 GENERAL INFORMATION Site Location: South side of Pungo Ferry Road, 1,460.70 feet west of Princess Anne Road. Said parcel is located at 2165 Pungo Ferry Road / DISTRICT 7 — PRINCESS ANNE Request: Staff Planner: Purpose: Site Size: Major Issues: Conditional Use Permit for a communications tower Barbara Duke To construct a 199 foot tall monopole tower for multiple wireless communication providers 48.70 acres • Compatibility with the surrounding area in terms of aesthetics • Determination of the need for a new communication tower in this area LAND USE, ZONING AND SITE CHARACTERISTICS Existing Land Use & Zoning: A single-family home exists on the site and the site is zoned AG-1/AG-2. Surrounding Land Use and Zoning: North: • Agricultural operations / AG-1 & AG-2 Agricultural District South: • Wooded property (floodplain/wetlands) / AG-1 Agricultural District PC Agenda, April 11, 2001 - Page 13 - 1 East: • Agricultural operations, church, single-family homes / AG-1 & AG-2 Agricultural District West: • Wooded property / AG-1 & AG-2 Agricultural District Zoning History: This area is an established agricultural area with very little zoning history to report. AICUZ: This property is located in the less than 65 db Ldn noise zone surrounding NAS Oceana. Environmental/Physical Characteristics: The property is partially cleared and partially wooded. The front of the property, along Pungo Ferry Road was recently cleared and debris from the clearing is still present in this area. The rear of the property is wooded. COMPREHENSIVE PLAN The Comprehensive Plan map designates this site and surrounding area as suitable for agricultural and related uses. PROPOSAL SUMMARY Setting: The subject site is located on the south side of Pungo Ferry Road. To the west of the site is the Pungo Ferry Bridge over the North Landing River. There is an extensive area between the river and this property that is wetlands and wooded floodplain. Site Design: The submitted site plan depicts a 199 foot tall monopole communications tower being constructed approximately 600 feet from Pungo Ferry Road. The tower is proposed in an area of the property that will remain wooded. The tower site is on the western portion of the property, 50 feet from the western property line. The tower site is shown approximately 350 feet from the existing single-family home on the site. • A 12 foot wide gravel roadway is shown to be constructed for access to the tower. This roadway will be constructed at the edge of woods along the western property line, which extend 50 feet from the western property line. No existing trees will be removed to construct the access road. • The applicant has indicated that the existing trees outside of the fenced area PC Agenda, April 11, 2001 - Page 13 - 2 and within the lease area will be preserved. In addition, a row of Leyland Cypress trees are shown to be planted around the perimeter of the fenced area. • Two gravel parking spaces are shown within the 50 foot wide setback from the western property line and will require the removal of existing trees to construct. The applicant has agreed to relocate these two gravel spaces to the east of the access road, where there are not as many trees that would be impacted. Conformance with Section 232: • A structural engineering report and a report addressing NIER (nonionizing electromagnetic radiation) requirements have been submitted. • The application does provide satisfactory evidence from the applicant that there is a lack of space on suitable existing towers in the area. • The tower will be capable of serving at least four providers. The plan identifies the location of the support equipment at the base of the tower as well as additional space for future co -locators. EVALUATION The request for a communications tower is acceptable subject to the conditions below. This tower will allow cellular service providers the opportunity to offer this area a higher level of service. It must be noted that the tower will impact one of the most stunning and important views available in the city — that from the Pungo Ferry Bridge. As one moves from the top of the bridge eastward toward Princess Anne Road, the tower will be visible over what is now a vista of woods, houses and farm buildings, vegetated fields, marsh, and cropland. To minimize the impact, the applicant has set the tower back 600 feet from Pungo Ferry Road within in a wooded area. This location will indeed minimize the impact on the vista; however, it must be understood that the tower will be visible. CONDITIONS 1. The proposed tower must be developed as a monopole structure not to exceed 199 feet M.S.L. in overall height. 2. The applicant shall purchase and install a tower capable of accommodating additional users. 3. Limits of clearing for the initial tower construction shall be limited to the PC Agenda, April 11, 2001 - Page 13 - 3 eastern half of the area inside the fence. The area west of the access road, within the 50 foot tower setback shall not be cleared until a detailed site plan for a third provider is approved. 4. The gravel- parking spaces shown on the site plan shall be relocated to the eastern side of the access road. The existing trees on the western side of the access road must be preserved. 5. In the event that the tower is inactive for a period of one year, it must be removed at the applicant's expense. 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. PC Agenda, April 11, 2001 - Page 13 - 4 z OVO?1 3NMY � 3333 7•{ Ia f Rls.�� i3 � ! i'a6 94 P Sag is• A iJa� 7,7�� Zia". g fi8 y"n,a, y `yea 44 - i , I 33 T a kaa R live PC Agenda, April 11, 2001 - Page 13 - 5 A'INo iw'H d asn wNowalloa 210:1 — If g PC Agenda, April 11, 2001 - Page 13 - 6 Computer -generated image showing tower on -site from Pungo Ferry Road Computer -generated image of tower on -site from the Pungo Ferry Bridge PC Agenda, April 11, 2001 - Page 13 - 7 -2- CITY MANAGER'S BRIEFING CELL TOWERS 1:00 P.M. ITEM #48781 The City Manager advised the Briefing was scheduled as a request of Council Lady Henley to provide information relative the City's policies concerning Cell Towers Robert J Scott, Director of Planning, reiterated the three (3) key points: (1) It does not appear possible for City Staff to predestine or predetermine the sites of all the towers Virginia Beach and all the localities are challenged to manage this process in the best manner possible (2) Through discussion with Council Members Henley and Parker, it appears very possible and advisable to consider alternative policies to those previously adopted It has been City Council's intent within the policy to place as many users (co -locate) on each tower as technically manageable Accordingly, the City has minimized the number of towers, however, they are taller This has been, with City Council's support, the intent for a number of years Numerous towers can also be co -located on one site, which would result in more towers, but shorter ones Geographically, in some areas of the City this mayprove a better alternative (3) The City staff has reviewed the current Ordinance and has determined it still feasible and does not require revising Language contained within the ordinance encourages co - location in both senses previously discussed Stealth technology could be carefully incorporated i e towers could resemble trees or could be placed onflagpoles Mixed results have occurred from this type of technology Mr Scott advised Council Lady McClanan the City has been minimizing the number of cell towers and maximizing the users on each tower, which will probably continue to be appropriate in many areas of the City However, the City might wish to consider the approach of utilizing more towers on one site, which results in shorter and less obtrusive towers. Council Lady Parker advised apparently there are methods to create true stealth, where the tower does not appear to be there The cell tower representatives are not opposed to co-operating with the City The main "trunk line "appears to be established now because of the demand for usage As the technology is changing, as in video streaming which allows your telephone to do more than lust a basic call, there will be the necessity for more band width, which might result in even more towers (although different from what is utilized today) CSA is building these towers Council Lady Parker distributed information relative this Stealth technology, which is hereby made a part of the record Mr Scott referenced if the City Council is inclined to assume the stealth towers, then shorter towers will be necessary If this tower is made to resemble a tree, typically the height of a tree is 75-80' tall Council Lady Henley advised the basic fact is if there are seven (7) carriers in the City and all have the right to serve the City equally Even the tall towers, which seem to continue to be 199 foot, [just under the 200- foot lighted requirement], this may still only allow for three (3) carriers on this pole Then each carrier has its own technology, which may means a different pattern of towers is required to cover the areas Even though the City cannot predict what each carrier is going to need, the Council must be aware and plan for a broad possibility Mr Scott advised the average height is 140 to 150 foot range Council Lady Eure said it would depend upon the location Council Lady Henley advised if the City is dealing with shorter towers, then the ability to utilize the stealth technology exists, however, if the taller towers are utilized, this possibility does not exist Stephen White, Planning, referenced a 90 foot tower will work Mr Scott said the Ordinance would not have to be amended Council Lady Henley referenced the providers need to be aware of the City's policies in order to plan their systems In the past, the tall towers have blended in well with the industrial areas, but they are not acceptable in the more open agricultural areas October 23, 2001 -3- CI T Y MANA GER'S BRIEFING CELL TOWERS ITEM #F48781(Continued) Vice Mayor Sessoms referenced the possibility of utilizing silos. Council Lady Henley advised the owners ofsilos have not been approached Water towers have been utilized, but this took a while There is less to work with in the way of available fittings in the southern portion of the City The one school in the southern portion might wish to utilize the 'light pole" type as other schools have done It is not a question of whether or not the towers will exist, it is a question of the manner in which they are handled Council Lady Parker advised all the carriers seem to have a different "grid" pattern, based on the technology utilized Mr Scott advised Vice Mayor Sessoms there is a policy for the towers to be removed, after one [1] year if they are no longer utilized Council Lady McClanan referenced the horrendous towers on 1-264 with weed patches surrounding them Mr Scott said the Virginia Department of Transportation [VDOTJ has placed these on their property and the City does not have anylurisdiction relative their location or appearance The industry needs to be aware of the City's needs If City Council concurs, in select areas of the City where appropriate, the City staff will bring a series of applications to City Council In cases near residential development, other areas that are sensitive from the view , the stealth concept could be utilized The industry has been very co-operative October 23, 2001 Mato E-7 rvot To ncaie -TIT003 i M 9 lkm 01 M—- o��0000 7 Fror„o omm.11al CUP for Convenience Store w/ gas pumps # I DATE IREQUEST I ACTION 1 11/25/03 CONDITIONAL USE PERMIT (auto sales) GRANTED 2 02/02/87 CONDITIONAL USE PERMIT (auto sales) GRANTED 3 07/13/99 CONDITIONAL USE PERMIT (auto sales/service) GRANTED 08/14/01 MODIFICATION OF CONDITIONS GRANTED 4 08/10/87 CONDITIONAL USE PERMIT (auto service) GRANTED 5 12/26/87 STREET CLOSURE GRANTED 6 11/16/87 REZONING from B-3 to 1-1 GRANTED 1 � N:A flan L.aso,asY,Fs<<��.I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 7-Eleven, Inc. — Conditional Use Permit (automobile service station — fuel sales) MEETING DATE: November 9, 2004 ■ Background: An Ordinance upon Application of 7-Eleven, Inc. for a Conditional Use Permit for an automobile service station (fuel sales) on property located on the east side of Aragona Boulevard, between Cleveland Street and Potomac Street (GPIN 14771487950000). DISTRICT 2 — KEMPSVILLE ■ Considerations: The applicant is requesting to construct a 2,807 square foot convenience store and six gasoline dispensers on this 1.4 acre parcel. The convenience store is located on the east side of the property with the front of the store facing Aragona Boulevard. The six gas dispensers will be located under a canopy in front of the store. The site plan shows one access point on Cleveland Street and one access point on Aragona Boulevard. The landscape plan for the project shows a thirty foot wide landscape strip to be planted along both roadways. Additional plantings will be provided within the parking lot, around the building and at the northern boundary of the site. Sidewalks have been shown to be constructed along both roadways and a small pedestrian area formed out of brick pavers is shown at the corner. The sidewalk area along Cleveland Street will be enhanced to match the styling of the Town Center area. The architectural style of the building and canopy reflects an urban character. The primary building material is brick. The proposed store and gas pumps will introduce a new, convenient retail use to an area that is generally office/light industrial in nature. There are several businesses within walking distance of the site, and the site location is also convenient to vehicular traffic traveling on Virginia Beach Boulevard. The goal of the Comprehensive Plan is to provide for a mixture of uses in this area, including retail, and to increase pedestrian activity. This proposal is in conformance with that goal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 7-Eleven, Inc. Page 2 of 3 The site shall be developed in substantial accordance with the site plan entitled 7-Eleven Convenience Store, Preliminary Site Plan, Aragona Boulevard and Cleveland Street" dated September 16, 2004 and prepared by URS Corp. A copy of this site plan has been exhibited to City Council and is on file in the Planning Department. 2. The building and canopy shall be developed in substantial accordance with the architectural elevations entitled 7-Eleven Convenience Store with Gas" dated September 15, 2004 and prepared by URS Corp. A copy of the elevations has been exhibited to City Council and is on file in the Planning Department. 3. A bike rack shall be provided on -site. 4. No outdoor vending machines, ice boxes, or display of merchandise shall be allowed. 5. Windows shall not be tinted in order to allow for surveillance opportunities both from within and from outside the building. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall nor any neon or neon -style signs or accents shall be permitted in or on the windows and/or doors of the convenience store. 6. Signage on the site is limited to the building sign, the canopy signage as depicted on the elevation, and one free-standing monument style sign with a brick base matching the color of the convenience store building. No other signs shall be installed on any other wall area of the building or on the roof of the building, on the canopy, on lighting poles, or any other portion of the site. 7. All rooftop equipment, such as heating, ventilation, and air conditioning units shall be concealed from typical street level view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) of the Zoning Ordinance. 8. The trash enclosure shall be screened with a solid wall to match the main building and shall include evergreen shrubs having good screening capabilities, no less than three (3) feet in height at the time of planting, spaced in accordance with the City's Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. 9. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as part of the formal site plan 7-Eleven, Inc. Page 3 of 3 submission for review by the Police Department to determine consistency with Crime Prevention Through Environmental Design (CPTED) principles and practices. Lighting shall be installed and operated as shown on the approved plan. Canopy lighting shall consist of flush mounted fixtures on the ceiling of the canopy. All lighting shall be directed inward and downward within the site so as to eliminate glare onto a adjacent properties and rights -of -ways. 10.A pedestrian easement must be dedicated to the City of Virginia Beach for the portions of the sidewalk and brick paver area that are not located within the existing right-of-way. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. (�/ Submitting Department/Agency: Planning Department V'3�: City Manager: 7-ELEVEN, INC. Agenda Item # 10 `-° October 13, 2004 Public Hearing Staff Planner: Barbara J. Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: Conditional Use Permit for automobile service (fuel sales) in conjunction with a convenience store. Property located on the east side of Aragona Boulevard, between Cleveland Street and Potomac Street. 1477148795000 2 — KEMPSVILLE 1.4 acres M rn. f's'�A11lIERIP' .� 14 _-, �.1 7-11 Agenda Item # 10 Page 1 EXISTING LAND USE: Vacant Property SURROUNDING . Drive -through restaurant / B-3 Central Business LAND USE AND North: District ZONING: South: • Mobile homes / B-3 Central Business District East: • Vacant property / B-2 Community Business District West: • Auto repair facility / B-3 Central Business District NATURAL RESOURCE AND CULTURAL The site is mostly grassy area with a few mature trees located close FEATURES: to the street. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. Summary of Proposal The applicant is requesting to construct a 2,807 square foot convenience store and six gasoline dispensers on this 1.4 acre parcel. The convenience store is located on the east side of the property with the front of the store facing Aragona Boulevard. The six gas dispensers will be located under a canopy in front of the store. The site plan shows one access point on Cleveland Street and one access point on Aragona Boulevard. The landscape plan for the project shows a thirty foot wide landscape strip to be planted along both roadways. Additional plantings will be provided within the parking lot, around the building and at the northern boundary of the site. Sidewalks have been shown to be constructed along both roadways and a small pedestrian area formed out of brick pavers is shown at the corner. The architectural style of the building and canopy reflects an urban character. The primary building material is brick. 7-11 Agenda Item # 10 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. • The proposal should contribute to the long-term vision for the West Pembroke portion of this Strategic Growth Area in terms of both function and design. Comprehensive Plan The Comprehensive Plan identifies this site as being within the Strategic Growth Area known as the West Pembroke Area. The land use recommendations for the West Pembroke Area include a vertical mix of mid to high-rise residential uses and a variety of compatible higher value non-residential uses including office, retail, publicly accessible urban open space, entertainment, educational, institutional and other similar urban activities. A gradual transformation from the existing land uses in the area to those recommended by the Plan is envisioned. 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 store and gas pumps will introduce a new, convenient retail use to an area that is generally office/light industrial in nature. There are several 7-11 Agenda Item # 10 Page 3 businesses within walking distance of the site, and the site location is also convenient to vehicular traffic traveling on Virginia Beach Boulevard. The goal of the Comprehensive Plan is to provide for a mixture of uses in this area, including retail, and to increase pedestrian activity. This proposal is in conformance with that goal. (2) The Comprehensive Plan includes design guidelines to be used in the Strategic Growth Areas. These guidelines emphasize pedestrian activity, high quality landscaping and urban -style architecture. The site plan and building proposed with this request incorporate many of these guidelines. Staff, therefore, recommends approval of this request with the following conditions. Conditions 1. The site shall be developed in substantial accordance with the site plan entitled 7-Eleven Convenience Store, Preliminary Site Plan, Aragona Boulevard and Cleveland Street" dated September 16, 2004 and prepared by URS Corp. A copy of this site plan has been exhibited to City Council and is on file in the Planning Department. 2. The building and canopy shall be developed in substantial accordance with the architectural elevations entitled 7-Eleven Convenience Store with Gas" dated September 15, 2004 and prepared by URS Corp. A copy of the elevations has been exhibited to City Council and is on file in the Planning Department. 3. A bike rack shall be provided on -site. 4. No outdoor vending machines, ice boxes, or display of merchandise shall be allowed. 5. Windows shall not be tinted in order to allow for surveillance opportunities both from within and from outside the building. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall nor any neon or neon - style signs or accents shall be permitted in or on the windows and/or doors of the convenience store. 6. Signage on the site is limited to the building sign, the canopy signage as depicted on the elevation, and one free-standing monument style sign with a brick base matching the color of the convenience store building. No other signs shall be installed on any other wall area of the building or on the roof of the building, on the canopy, on lighting poles, or any other portion of the site. 7-11 Agenda Item # 10 Page 4 7. All rooftop equipment, such as heating, ventilation, and air conditioning units shall be concealed from typical street level view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) of the Zoning Ordinance. 8. The trash enclosure shall be screened with a solid wall to match the main building and shall include evergreen shrubs having good screening capabilities, no less than three (3) feet in height at the time of planting, spaced in accordance with the City's Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. 9. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention Through Environmental Design (CPTED) principles and practices. Lighting shall be installed and operated as shown on the approved plan. Canopy lighting shall consist of flush mounted fixtures on the ceiling of the canopy. All lighting shall be directed inward and downward within the site so as to eliminate glare onto a adjacent properties and rights -of -ways. 10.A pedestrian easement must be dedicated to the City of Virginia Beach for the portions of the sidewalk and brick paver area that are not located within the existing right-of-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. 7-11 Agenda Item # 1.0 Page 5 Supplemental Information Zoning History Map E-7 . 7-Eleven CUP for Convenience Store w/ gas pumps # DATE REQUEST ACTION 1 11/25/03 CONDITIONAL USE PERMIT (auto sales) GRANTED 2 02/02/87 CONDITIONAL USE PERMIT (auto sales) GRANTED 3 07/13/99 CONDITIONAL USE PERMIT (auto sales/service) GRANTED 08/14/01 MODIFICATION OF CONDITIONS GRANTED 4 08/10/87 CONDITIONAL USE PERMIT (auto service) GRANTED 7-11 Agenda Item # 10 Page 6 5 12/26/87 STREET CLOSURE 6 11/16/87 REZONING from B-3 to 1-1 GRANTED GRANTED Public Agency Comments Public Works Master Transportation Plan (MTP): Aragona Boulevard and Cleveland Street are classified as collector streets. Neither street is identified for upgrade in the Master Transportation Plan or Capital Improvement Program. Public Utilities Water: This site has an existing 2 inch water meter which may be used or upgraded. Sewer: This site is already connected to sanitary sewer. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Fire Department concerns will be addressed during the building permit process. 7-11 Agenda Item # 10 Page 7 Exhibits Exhibit A - 1 Aerial of Site Location 7-11 Agenda Item # 1-0 Page 8 OCIA18 VNO!DVHV Exhibit B Proposed Site Plan vi F a z 4 Mi uj uj J u 7-11 Agenda Item # 10 Page 10 3 05 ¢i h6 IF F T i � S, rf A 3Wys i M1 N��.. 6 r;> 10 3 b t y � r Exhibit C Proposed Building Elevation 7-11 Agenda Item # 10 Page 11 a� Exhibit D - 1 Disclosure Statement J J Fig Ell 1 I R a I21 O? ' G�'' 7 r a. v Y F r 5 o ¢ J a �A ram`,. "T Sw�f• a.a C(ry ��.� ��n .� L4 F" -roll 2 till r r" ywlj , i z i Evil 3 7 +Q li9 a C .J sFk J C. LR J ��" v�i ; i7.i U Uti �.. ice.. ',. L. x4.', G• .- i 8 Ct I 1 , ot 0r 81 iM 0 tTy c o u V r _ Uj ag Sat ! 9 ` C .. I s Al n _ 7-11 Agenda Item it 10 Page 12 z zall c Y � ru o -i z M .Q 3 G w�=ax�a3ti Tj;L Exhibit D - 2 Disclosure Statement 7-11 Agenda Item # 10 Page 13 Exhibit D - 3 Disclosure Statement p a o � n or � g `5sv fil 1i Q 10 S �a u3 $r ci r Ep u s 0 G a = C 2 S_ 7-11 Agenda Item # 10 Page 14 NYJON pp�`NO N�tG rAOt4N NMO TJ 16'}SO� VN4C�r Gna O:9 W (. o� mx+cors.Sx ep.�x °Se ;fez 07 tE fd� lE� V. Oi 'C 'CAp C 'C '¢3: s o Qxam. ;UZd Z 1 Iji t Si 1 it w S s 1 E tj ji 1 lu o � o U J�6 f lEVV 1{J Gp MCV,+V _C 3 x p �,y S'a' R7G��p p •4 > N W OWC RO :9 �CWwNp�CDfb �mJ4 Ua1 cz�%:-d Lf a�pUZpYV 6fa40 on ufV W •CJ f. ia�Timmoayi�J T� wLy,+'u00) G4 �y J � ��aa 27mutud"uj'jLst Z. w.crrlrr..sn!— Crcit3UV'�O.LLsnri�z:.r> Exhibit D - 4 Disclosure Statement 7-11 Agenda Item# 10 Page15 Exhibit D - 5 Disclosure Statement .61EV 7-BLMN, INC. Don Stevenson `Jircct Diul Number (214)828-7995 Facsimile Number (214) P8-7119 r-mail ds:eveO1 r@. 7-11.rOrn November 29, 2001 Mr. Robert I Scott Department of Planning City of Virginia Beach Building2, Room 115 Nfumcipal Center Virginia Beach, Virginia 23456-9020 Re: Zoning Matters Involving 7-Eleven, Inc - Dear Mr. Scott; This is to advise you that Stephen R Romine is hereby authorized to act as agent for 7- Eleven, Inc. in connection with zoning matters before the Ciry of Virginia Be:sch, Virginia, iacluding, but not limited to, executing applications for 7-Eleven, Inc. for Conditional Use Permits, Rezonings (conditional or othenvise) and Variance Requests, This authorization shall continue in effect until you are advised otherwise in writing. S'c rely, / 5 evenson Senior Counsel cc: Stephen R. Romine, Esquire Dsm--vcn81O 55 C".syplace Cer ter Essc 12711 North CSaz ke1I dverur- I Da11M. rX 75204-2905 + Muffing A,W-u' Bac 711 / rMllus,1X 75i21-0711 (y! 4)6-H-7011 7-11 Agenda Item # 10 Page 16 Item #10 7-Eleven, Inc. Conditional Use Permit East side of Aragona Boulevard between Cleveland Street and Potomac Street District 2 Kempsville October 13, 2004 �t�i�ilh7 Joseph Strange: The next item is Item #10 7-Eleven, Inc. It's an Ordinance Upon Application of 7-Eleven, Inc. for a Conditional Use Permit for an automobile service station (fuel sales) on property located on the east side of Aragona Boulevard between Cleveland Street and Potomac Street, District 2, Kempsville. Steve Romine: Good afternoon Madame Chair and members of the Planning Commission. My name is Steve Romine, a local attorney for 7-Eleven. I have with me this afternoon Steve Blevins, USR Engineering firm as well. This is a request for a Conditional Use Permit for approval of fuel sales in conjunction with a convenience store at the intersection of Aragona Boulevard and Cleveland Street. Just to orient you it is right behind the new Sonic on a parcel that was formerly used as a trailer park. It is currently vacant. It is approximately 1.44-acre parcel on the northeast corner of Aragona and Cleveland. It is currently zoned B-3. The B-3 zoning gives 7-Eleven, by right the ability to put the convenience store but it needs a Conditional Use Permit to provide it's gasoline pumps. I'll be brief but I just want to give you a quick overview of the layout and the elevation. We propose a 2,800 square foot urban style convenience store with six pump motor vehicle fuel supply facility. If you notice in your package on the site plan the store will be oriented toward Aragona Boulevard here with access off of Aragona and Cleveland Street, the canopy and the six pumps between Aragona and the store. We met with the staff early on to talk about design and were cognizant of the CVB Overlay District that is going through the process and we shared with the staff a store that had been built by 7-Eleven at the Herndon area and this rendering probably doesn't do it justice be essentially it is all brick. It's got some urban style design with lights that hang out. The color scheme will be consistent with this and this was the design that the staff found acceptable. To emphasize the urban character of the store going back to the layout you'll notice that we have sidewalks along both Aragona as well as Cleveland Street and a brick feature here in front of the store that is consistent with the store that we did in Herndon as well. There will also be a bike rack installed to encourage pedestrian usage as well. It's going to be a neighborhood friendly in the sense that it will service vehicular traffic as well as pedestrian usage from the adjoining neighborhoods. The site will be - heaviLXlandscaped_as-sho-wn-on_the_plan_as-well-to-inolude_landscape-strip-along — Cleveland and along Aragona as well as in the parking lot as well. Currently designed you have curb sidewalk landscaping along the Cleveland corridor. I know there is some question about this corridor, which I'm sure we'll address in questions. The signage will be as shown on the elevation both on the front of the store as normally here and in a Item # 10 7-Eleven, Inc. Page 2 Citgo logo on the canopy and there will be a monument style sign shown in the front similar to this with a brick foundation. Don't hold me to the gas prices. Entrances as shown on the plan as well the lighting will be inward and downward according to City Code. It will be built with all the state of the art systeri s with technology for gasoline and surveillance. The staff recommends approval of the Conditional Use Permit with ten conditions that are acceptable to the applicant. The staff report indicates the proposed 7- Eleven introduces a new, convenient retail use to the area that conform with the goals of the Comprehensive Plan for the area, and incorporates many design guidelines with strategic growth areas. Just from a demand perspective there is no sufficient gasoline facility between the Racetrac near Newtown Road on the south side of the Boulevard all the way until you get to Rosemont Road, so approximately 4-5 miles. We clearly believe there is good demand for that, and within the district as well. For these reasons, we ask that you recommend approval of the Conditional Use Permit and I'll standby for questions. Robert Miller: And it's me. Steve Romine: Yes sir. Robert Miller: But you knew that. We talked about this. The concept of what Cleveland Street is going to be is very, very critical to us. One of the things that we feel is that the connectivity between Witchduck Road and obviously Independence Boulevard. What kind of character that street will have. The current configuration is not something that we would see going on in the future and we would hope for a much better roadway that not only moves through there but as you said user friendly and perhaps pedestrian friendly depending on the uses that will end up being in that area. One of the things that came to mind when I was thinking about this is that Cleveland Street narrows down in front of the post office to about two lanes and it is obviously set up to be four lanes in there. That is fine and I'm sure all of that can be worked out. Steve Romine: It's at a curb. Robert Miller: But back up at the corner of Independence, Ethan Allen is putting up a new store and I think there was recently an article in the Beacon. It's a very nice product. They actually are going to put in sidewalks that will be great and use some of the street trees that are in Town Center, not identical to Town Center but certainly leaving that same entrance feeling, gateway feeling that you're entering a different part of the City, and that is very important, I think when we look at what's going to happen on Cleveland Street. So, what we talked about this morning I will continue to agree to that is the idea that within in the site plan process that you look and the staff look at perhaps the pavers, per laps s reef ees tha are semi ar o w a wou e in Town Cen er�any n -o -way requirements, and of course lighting that would be more inclined to be of the type, again be signature toward Town Center. It's not going to be identical and I think we're aware of that and we understand that as we go up and down the different streets outside of Town Center but we certainly want to look for opportunities. This is an opportunity. I Item # 10 7-Eleven, Inc. Page 3 don't have a problem with the use and as you said you have a right for this use with the exception of the gas. Steve Romine: For the fuel right? Robert Miller: And fuel. So we would say and my statement to you is within site plan, staff please, your client, take a hard look at how we can end up with a Cleveland Street that says something new about Cleveland Street, and it begins to make a statement of how we wish to connect through the Witchduck Road, and me talking and you listening at this point there is no demand. I don't think I can add and I don't think I need to add an additional condition. Does staff think I need to add? Robert Scott: We can handle. We hear you loud and very clearly. Ronald Ripley: It seems like it could tie into the design guidelines that are set forth for the Central Business District and we foresee and I think if the applicant would work towards modifying the sidewalk treatments along the road to meet those guidelines, I think it will work. Steve Romine: All those comments are clearly acceptable. I think they're fair and I think we're willing to do that. The only constraint that we had was whether we had to �¢ shift things on site and it would create some issues on flow and distances, so long as we are within that same confines, I don't think the level of improvement is a very large concern. It is one that we can clearly address. I have the engineer today listening intently and I assume those will be incorporated. Dorothy Wood: Thank you. Robert Miller: With that, I'll make a motion to approve. Dorothy Wood: A motion by Mr. Miller and a second by Mr. Crabtree to approve. Thank you Mr. Romine. Steve Romine: Thank you. I appreciate it. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLE'Y AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE Item #10 7-Eleven, Inc. Page 4 STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the application of 7-Eleven, Inc. has been approved. Dorothy Wood: Thank you # I DATE IREQUEST I ACTION 1 04/22/04 Conditional Use Permit (dormitory) Granted 04/24/89 Conditional Use Permit (school) Granted 2 08/28/01 Conditional Use Permit (modification of conditions Granted — church) 12/16/97 Conditional Use Permit (church) Granted 02/11/92 Conditional Use Permit (church) Withdrawn 3 02/22/94 Conditional Use Permit (private school) Granted 10/19/87 Conditional Use Permit (church addition) Granted 4 11/28/83 Change of Zoning (R-5 Residential District to A-1 Granted Apartment District) 5 04/17/79 Conditional Use Permit (home for mentally Granted challenged) 6 12/13/76 Conditional Use Permit (church) Granted IuC >j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Good Samaritan Episcopal Church — Conditional Use Permit (church - expansion) MEETING DATE: November 9, 2004 ■ Background: An Ordinance upon Application of Good Samaritan Episcopal Church for a Conditional Use Permit for a church (expansion) on property located at 848 Baker Road (GPIN 14681460320000). DISTRICT 2 — KEMPSVILLE ■ Considerations: The Conditional Use Permit permitting the existing church was approved by the City Council on December 13, 1976. The 3,215 square foot church is now seeking a modification of that use permit since the proposed expansion was not considered as part of the original request. The 2,813 square foot expansion is primarily assembly space with new handicap accessible restrooms. The current assembly space will be converted into a multipurpose space for social events. No new classrooms or increase in seating capacity are proposed. A new covered entry and sidewalk are also proposed. Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses the issues of compatibility with surrounding property uses and zonings and consistency with the Comprehensive Plan. The church has coexisted with the surrounding residentially zoned properties for more than 20 years. The site is more than adequate is size to accommodate the proposed expansion without negatively impacting adjacent residents and uses. The Planning Commission placed this item on the consent agenda because the church has existed on this site for over 20 years, the lot size is more than adequate for the expansion, there was no objection, and Staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request, with the following conditions: Good Samaritan Episcopal Church Page 2 of 2 1. All conditions attached to the Conditional Use Permit granted by the City Council on December 13, 1976 shall remain in affect. 2. The modifications to the site shall be developed in substantial conformance with the submitted Preliminary Site Plan entitled, "Good Samaritan Addition," prepared by Ionic DeZign Studios, dated 04/07/04, which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The addition to the existing one (1)-story church building shall be developed in substantial conformance with the submitted Elevations entitled, "Good Samaritan Addition, Sheet Number A-2 and A-2.1" prepared by Ionic DeZign Studios, dated 04/07/04, which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. The Final Occupancy Permit for the proposed new assembly (2,813 square foot addition), identified as such on the plans listed above, shall not be granted until seating to accommodate no more than 125 seats is shifted from the existing assembly to the proposed new assembly. 5. A minimum 24 foot wide pavement section shall be depicted on the final site plan and installed in front of the property, from the corner of Baker Road and Herbert Moore Drive, fronting the property along Herbert Moore Drive. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manager: IL GOOD SAMARITAN ` EPISCOPAL CHURCH Agenda Item # 13 October 13, 2004 Public Hearing Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Modification of Conditions placed on a Conditional Use Permit for a church. Property located at 848 Baker Road. 14681460320000 2 — KEMPSVILLE Good Samaritan Episcopal Church Nn no Seole 4 �-,, �'� IA40, RZ !9 { . 'CO�LEGF; �t3 .R-TS l ,-ice � � � • `�t�� ^,��r A GOOD SAMARITAN Agenda Item # 13 Page 1 SITE SIZE: 3.372 acres EXISTING There is an existing 3,215 square foot church with 33 parking spaces LAND USE: on the property. SURROUNDING North: . Herbert Moore Road LAND USE AND . Townhouses / A-12 Apartment District ZONING: South: . Townhouses / A-12 Apartment District East: . Church / R-10 Residential District West: . Baker Road Virginia Wesleyan College / R-15 Residential District NATURAL RESOURCE AND CULTURAL The property is within the Chesapeake Bay watershed. There is FEATURES: nothing of historical or environmental significance on this site. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. M. Summary of Proposal The Conditional Use Permit permitting the existing church was approved by the City Council on December 13, 1976. The Conditional Use Permit has three (3) conditions: 1. Standard site improvements as required by the Site Plan Ordinance. 2. City water and sewer. It is recommended that the applicant contact the Public Utilities Department concerning the availability of sewerage facilities in this area. 3. At least one (1) parking space per five (5) seats or bench seating spaces in the main auditorium shall be required. The 3,215 square foot church is seeking a modification of that permit since the proposed expansion was not considered as part of the originally request. The 2,813 square foot expansion is primarily assembly space with new handicap accessible restrooms. The current assembly space will be converted into a multipurpose space for GOOD SAMARITAN Agenda Item # 13 Page 2 social events. No new classrooms or increase in seating capacity are proposed. A new covered entry and sidewalk are also proposed. 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 surrounding property uses and zonings. Consistency with 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 uses, residential and non-residential, located in and around neighborhoods should serve as a guide when considering future development. Staff recommends approval of this request. Staff Evaluation w GOOD SAMARITAN Agenda Item # 13 Page 3 Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses the issues identified above. The proposal's strengths in addressing the `Major Issues' are (1) The church has coexisted with the surrounding residentially zoned properties for more than 20 years. The site is more than adequate is size to accommodate the proposed expansion without negatively impacting adjacent residents and uses. (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. Conditions 1. All conditions attached to the Conditional Use Permit granted by the City Council on December 13, 1976 shall remain in affect. 2. The modifications to the site shall be developed in substantial conformance with the submitted Preliminary Site Plan entitled, "Good Samaritan Addition," prepared by Ionic DeZign Studios, dated 04/07/04, which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The addition to the existing one (1)-story church building shall be developed in substantial conformance with the submitted Elevations entitled, "Good Samaritan Addition, Sheet Number A-2 and A-2.1" prepared by Ionic DeZign Studios, dated 04/07/04, which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. The Final Occupancy Permit for the proposed new assembly (2,813 square foot addition), identified as such on the plans listed above, shall not be granted until seating to accommodate no more than 125 seats is shifted from the existing assembly to the proposed new assembly. 5. A minimum 24 foot wide pavement section shall be depicted on the final site plan and installed in front of the property, from the corner of Baker Road and Herbert Moore Drive, fronting the property along Herbert Moore Drive. GOOD SAMARITAN Agenda Item #_ 1.3 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. GOOD SAMARITAN Agenda Item # 13 Page 5 Supplemental Information Zoning History # DATE IREQUEST ACTION 1 04/22/04 Conditional Use Permit (dormitory) Granted 04/24/89 Conditional Use Permit (school) Granted 2 08/28/01 Conditional Use Permit (modification of conditions — Granted church) 12/16/97 Conditional Use Permit (church) Granted 02/11/92 Conditional Use Permit (church) Withdrawn 3 02/22/94 Conditional Use Permit (private school) Granted 10/19/87 Conditional Use Permit (church addition) Granted 4 11 /28/83 Change of Zoning (R-5 Residential District to A-1 Granted GOOD SAMARITAN Agenda Item # 13 Page 6 Apartment District) 5 04/17/79 Conditional Use Permit (home for mentally challenged) Granted 6 12/13/76 Conditional Use Permit (church) Granted Public Agency Comments Public Works Master Transportation Plan (MTP): The church's entrance is located off of Herbert Moore Drive, east of Baker Road. There are no improvements tanned within the MTP for either roadway. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z— 30 ADT weekdays - 191 ADT Baker Road 13,127 ADT' 13,600 — 15,000 ADT' Sundays Proposed Land Use 3— -no change 1'1..:1.. T...e. nvclayc _Q Y I v. Z as defined by 125 seats in sanctuary 3 as defined by 125 seats in sanctuary - no change anticipated as the number of seats in the sanctuary is not changing Water & This site is currently served by both City water and sewer. Sewer: Public Utilities Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design CPTED concepts and GOOD SAMARITAN Agenda Item # 1-3 Page 7 strategies as they pertain to this site. Fire and Rescue: Adequate — no additional comments. GOOD SAMARITAN Agenda Item # 13 Page 8 Exhibits Exhibit A Aerial of Site Location GOOD SAMARITAN Agenda Item # 13 Page 9 Exhibit B Proposed Site Plan ti \ j \ a. n u r r3V i u _Ell >D a t GOOD SAMARITAN Agenda Item # 13 Page 10 zp u it :- V w.4 Exhibit C - 1 Proposed Building Elevation GOOD SAMARITAN Agenda Item # 13 Page 11 Exhibit C - 2 Proposed Building Elevation H GOOD SAMARITAN Agenda Item # 13 Page 12 Z LLI W w to U B 5-W C n Z = u fir?' 6 .i ' S �r ?. z� N • t s r C � U, .� ZI .M1 Exhibit D Disclosure Statement GOOD SAMARITAN Agenda Item # 13 Page 13 10/13/2004 1:51 PM FROM: Fax TO: 426-5667 PACE: 002 OF 003 Members 26 Cypress Pointe HOA Aragona Village Civic League Crystal Pant HOA Cypress Pant Civic Assoc Diamond Lake Estates Civic League Diamond Springs/C.ardenwood Civic league Cjand Lake Civic League LBJCVrdens Civic League Lake Edward Area Civic League Lake Smith Terrace, Haygood Point a C-Lovemor Square Civic League Lake Smith Civic League Lakeview Park Civic League Lawson Forest Civic League Lynbrook Lancing Civic League Newsome Farms Civic League Tracitions at Cypress Pant HOA Wesleyan Chase Civic League Wesleyan Forest Civic League Wesleyan Pines/Campus East Community Assoc Witchduck Lake Condo Assoc Northwest Beach Partnership Board Members: P.j Padrick -President, Bruce Weller - P` Vice President, Dave Tirado - 2'a Vice President, Kale Warren - Treasurer, Michele A. C,�Idun - Secretary, Email: northwestbeachpartners@vedzonnet Northwest Beach Partnership Board Members: P.j Padrick -President Bruce Weller - e' Vice President, Dave Tirado - 2nd Vice President, Kale Warren - Treasurer, Michele A. C4clun - Secretary Email: northwestbeachpartners@ver zornnet Dear Mrs. Wood and Commissioners, During the Meeting of the Partnership on Oct. 11, 2004 the members present voted to support Good Samaritan Church's Application for a church expansion. We would like to take this opportunity to thank the Church for all they have done for the community. We are looking forward to the opportunity to help and further support their efforts and their good works. Respectfully, Northwest Beach Partnership northwestbeachpartnersoverizon.net 10/13/2004 1:51 PM FROM: Fax TO: 426-5667 PAGE: 003 OF 003 Michele A. Galdun President Wesleyan Forest Civic League 490-9572 wesleya nforest. cl @verizon. net Virginia Beach Planning Commission 2405 Princess Anne Rd. Municipal Center Bldg. #2 Virginia Beach, VA 23456 October 13, 2004 RE: October 13, 2004 Agenda Item 13, Application of Good Samaritan Episcopal Church for a Conditional Use Permit for a church expansion on property. Dear Chairperson Wood and Esteemed members of the Commission, I am Michele A. Galdun, President of the Wesleyan Forest Civic League. I am also past Chairperson of the Baker Road Neighborhood Advisory Council established as part of the 3rd Police Precinct Community Policing Initiative of 1994. This was the kick-off to what has lead to improvements in and around the greater Lake Edward Area. It was during this time that we often turned to Good Samaritan Church for meeting space and lawn space. They never denied us help or shelter for our projects. We held meetings to educate, discuss and plan, had parties to bring us together as a Community; Christmas gift parties for the youths in need; Bike Rodeos where COPS performed safety inspections on children's bikes, issued helmets and showed them how to ride safely. There were tutoring programs, run by Virginia Wesleyan College Students for elementary age children. The Bayside Middle School Teachers followed with a program for older children. When we wanted to address substance abuse they where the only Church in the area that agreed to give space for an AA meeting. We even used the Church for 2 of our Candidates' Night Forum to help get the community involve with local political figures. There have been Boy Scouts, Girl Scouts, Prayer Breakfasts, Family Fun Nights, Family Movie Night and so many other things. Whether each and every program was "a success, with measurable results" is not nearly as important as the effort, the attempt and the hope that came with each try. If it had not been for Good Samaritan's willingness to open their doors, their minds and their hearts to the surrounding community there would not have been any programs or projects that could have succeeded. Their efforts sprung forth an example so that many more people are willing to help out with various projects. We enthusiast support this project. In closing I would like to point out how appropriate that this will be to build on the garden spot, as the church has been sowing the seeds of hope, enlightenment and community for a long time and this will be it's blossom. Thank you. for your time, Michele A. Galdun Item #13 Good Samaritan Episcopal Church Conditional Use Permit 848 Baker Road District 2 Kempsville October 13, 2004 CONSENT William Din: Our next item is Item #13. This is the Good Samaritan Episcopal Church. This is a Modification of Conditions that have been placed on a Conditional Use Permit for a church expansion on property located at 848 Baker Road in the Kempsville District. There are five conditions. Eugene Thompson: Thank you. My name is Eugene Thompson and I'm with Design Architects and I'm representing the client Good Samaritan and we accept the conditions. William Din: Thank you sir. Is there any opposition to this consent agenda item? If not, Ms. Anderson would you please explain this? Janice Anderson: Yes. Thank you. This is a Modification of Conditions for a Conditional Use Permit for a church. The church has existed at this site for over 20 years. The lot size is more than adequate for the expansion that they have planned. The church has proven to be a good neighbor with the residents and, therefore, a compatible use. And actually some of the Commissioners have received very positive comments from the surrounding neighborhood with regard to the church's good activities, and we recommend approval to Council. William Din: Thank you Ms. Anderson. Madame Chair, I would like to make a motion to approve the following consent agenda item, Item #13 Good Samaritan Episcopal Church for a Modification of Conditions placed on a Conditional Use Permit for a church expansion located on property at 848 Baker Road in the Kempsville District with five conditions. Dorothy Wood: Thank you. Do I hear a second? A motion by Will and seconded by Ms. Katsias. AYE 11 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE NAY 0 ABS 0 ABSENT 0 Item # 13 Good Samaritan Episcopal Church Page 2 MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, this consent agenda item has been approved by the Board. Zoning History I011-M-111 CUP for Auto Sales # CUP for Auto Sales # I DATE IREQUEST I ACTION 1 11/26/02 Street Closure Granted 2 01/25/88 Conditional Use Permit (auto repair) Granted 12/12/83 Conditional Use Permit (auto part shop) Granted 3 02/02/87 Conditional Use Permit (auto sales) Granted 4 02/01/00 Conditional Use Permit (car wash) Granted 5 09/28/99 Conditional Use Permit (auto sales & service) Granted 6 08/08/95 Conditional Use Permit (auto sales & service) Granted 7 03/14/95 Conditional Use Permit (auto sales & service) Granted 04/23/91 Subdivision Variance Granted 08/28/90 Conditional Use Permit (auto sales & service) Granted 8 06/14/94 Conditional Use Permit (auto sales & service) Granted 09/18/89 Conditional Use Permit (auto sales) Granted 11/14/88 Conditional Use Permit (restaurant) Granted 9 12/14/93 Conditional Use Permit (self storage) Granted 10 09/25/90 Conditional Use Permit (auto sales) Granted 11 05/26/92 Conditional Use Permit (motor vehicle sales) Granted 12 04/14/92 Conditional Use Permit (auto repair garage) Granted 13 03/19/73 Conditional Use Permit (auto sales & service) Granted 01/23/89 Conditional Use Permit (auto sales & service) Granted ia�s' 7 f4\�e2' � L� 12: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Phillips Motors of Virginia Beach, Inc. — Conditional Use Permit (automobile repair) MEETING DATE: November 9, 2004 ■ Background: An Ordinance upon Application of Phillips Motors of Virginia Beach, Inc. for a Conditional Use Permit for automobile repair on property located at 4980 Virginia Beach Boulevard (GPIN 14770535390000). DISTRICT 4 — BAYSIDE ■ Considerations: The applicant wishes to expand the automobile dealership's existing service area, construct a car wash, and provide a bulk storage area for vehicles. The car wash will be for use by the dealer only and not open to the general public. The Comprehensive Plan land use policies recognize Virginia Beach Boulevard as one of the City's major commercial and economically viable corridors. Any expansion of commercial use in this area is to only be done if in harmony with the concept of providing an attractive, safe, and well -maintained physical environment. The applicant's proposal will improve the disorderly storage of vehicles on the northern portion of this site and thus improve the aesthetics for the residential properties to the north. The proposed automobile repair garage expansion and bulk storage request is appropriate on this site, provided the conditions below, which are crafted to improve the site's appearance both immediately and over the long term, are met. The Planning Commission placed this item on the consent agenda because the applicant has been at this location since 1973 without incident, the conditions placed on the proposal will ensure compatibility with surrounding uses, there was no objection to the request, and Staff recommended approval. ■ 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 site shall be developed substantially in conformance with the submitted plan entitled, "Conceptual Site Layout of Phillips Volvo," prepared by MSA, P.C., dated 9/27/04, which has been exhibited to Phillips Motors of Virginia Beach, Inc. Page 2 of 2 the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The proposed building additions, identified on the site plan described in Condition 1, shall be built in substantial conformance with the elevations entitled, "Phillips Volvo," prepared by Revelle Buildings, Inc., dated February 18, 2004. 3. The area identified on the conceptual site layout plan as "proposed bulk storage" shall be enclosed with a solid fence no shorter than eight (8) feet in height along the northern property line, along Broad Street. The required Category VI screening shall also be installed. 4. The bulk storage yard shall only operate during the normal business hours associated with the motor vehicle sales and service operation. 5. All motor vehicle service work shall be performed indoors. 6. No outdoor storage of inoperable vehicles, vehicles in an obvious state of disrepair or used repair parts shall be permitted on site. If inoperative vehicles require storage, then such vehicles shall be stored within the building. 7. The car wash addition shall be limited for use of the dealership needs and not open to the general public. The hours of the car wash shall be limited to normal business hours associated with the motor vehicle sales and service operation. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than 14 feet. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: City Manager: Q 7� Planning Department PHILLIPS MOTORS OF VIRGINIA BEACH Agenda Item # 14 October 13, 2004 Public Hearing Staff Planner: Carolyn A. K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Modification of Conditions placed on a conditional use permit for an auto sales and repair facility. The original use permit was granted in 1973 and was then modified in 1989. LOCATION: Property located at 4980 Virginia Beach Boulevard „v'Ve ¢?e,� Philli s Morors o Vir -nia Beach Inc. 0 Q ° ��I a Id❑ cf! Old ioo'o ool0 0 0 0_ W n, -, - _r�aFac aEv�r B ' u a rnroxt•�c Srl GPIN: 14770535390000 COUNCIL PHILLIPS MOTORS Agenda Item # 14 Page 1 ELECTION DISTRICT: 4 — BAYSIDE SITE SIZE: 2.95 acres EXISTING LAND USE: There is an existing motor vehicle sales and repair facility. SURROUNDING • Broad Street, single-family dwellings / R-7.5 LAND USE AND North: Residential District ZONING: . Virginia Beach Boulevard • Mixed retail & auto related uses / B-2 Community South: Business District Motorcycle sales / B-2 Community Business East: District West: • Auto sales / B-2 Community Business District NATURAL RESOURCE AND This site is within the Chesapeake Bay watershed. There are no CULTURAL significant environmental resources on this site as it is almost entirely FEATURES: impervious and has a auto sales and storage operation on the site. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposal''.", The applicant wishes to expand the existing service area, construct a car wash and provide a bulk storage area for vehicles. The car wash will be for use by the dealer only and not open to the general public. PHILLIPS MOTORS Agenda Item # 14 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. Consistency with the Comprehensive Plan. Compatibility with the surrounding property uses and zonings. Comprehensive Plan The Comprehensive Plan depicts this site as being within Strategic Growth Area 4. The land use planning policies for the Strategic Growth Areas focus strongly on a set of common planning principles that include the following: efficient use of land resources; full use of urban services; compatible mix of uses; range of transportation opportunities; and detailed human -scale design. 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 Comprehensive Plan land use policies recognize Virginia Beach Boulevard as one of the City's major commercial and economically viable corridors. Any expansion of commercial use in this area should be done in harmony with the concept of providing an attractive, safe, and well -maintained physical PHILLIPS MOTORS Agenda Item # 14 Page 3 environment. This proposal will improve the disorderly storage of vehicles on the northern portion of this site and improve the aesthetics for the residential properties to the north. The proposed automobile repair garage expansion and bulk storage request is appropriate on this site, provided the conditions below, which are crafted to improve the site's appearance both immediately and over the long term, are mandated. (2) This portion of the Virginia Beach Boulevard corridor is highly commercialized with many auto related uses. The expansion of the service area and the addition of car wash are acceptable as they are compatible with nearby motor vehicle related uses and will be benign to the residential properties to the north. The more difficult portion of this request is the bulk storage facility proposed on the northern portion of the site. Staff feels that the existence of Broad Street (providing a "barrier' as well as physical separation between the uses) along with recommended conditions provide adequate safeguards to ensure that any negative impacts will be avoided. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions The site shall be developed substantially in conformance with the submitted plan entitled, "Conceptual Site Layout of Phillips Volvo," prepared by MSA, P.C., dated 9/27/04, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The proposed building additions, identified on the site plan described in Condition 1, shall be built in substantial conformance with the elevations entitled, "Phillips Volvo," prepared by Revelle Buildings, Inc., dated February 18, 2004. 3. The area identified on the conceptual site layout plan as "proposed bulk storage" shall be enclosed with a solid fence no shorter than eight (8) feet in height along the northern property line, along Broad Street. The required Category VI screening shall also be installed. 4. The bulk storage yard shall only operate during the normal business hours associated with the motor vehicle sales and service operation. 5. All motor vehicle service work shall be performed indoors. 6. No outdoor storage of inoperable vehicles, vehicles in an obvious state of disrepair or used repair parts shall be permitted on site. If inoperative vehicles PHILLIPS MOTORS Agenda Item # 14 Page 4 require storage, then such vehicles shall be stored within the building. 7. The car wash addition shall be limited for use of the dealership needs and not open to the general public. The hours of the car wash shall be limited to normal business hours associated with the motor vehicle sales and service operation. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than 14 feet. 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. PHILLIPS MOTORS Agenda Item # 14 Page 5 Supplemental Information Zoning History # I DATE IREQUEST I ACTION 1 11/26/02 Street Closure Granted 2 01/25/88 Conditional Use Permit (auto repair) Granted 12/12/83 Conditional Use Permit (auto part shop) Granted 3 02/02/87 Conditional Use Permit (auto sales) Granted 4 02/01/00 Conditional Use Permit (car wash) Granted 5 09/28/99 Conditional Use Permit (auto sales & service) Granted 6 08/08/95 Conditional Use Permit (auto sales & service) Granted 7 03/14/95 Conditional Use Permit (auto sales & service) Granted 04/23/91 Subdivision Variance Granted 08/28/90 Conditional Use Permit (auto sales & service) Granted 8 06/14/94 Conditional Use Permit (auto sales & service) Granted PHILLIPS MOTORS Agenda Item # 14 Page 6 09/18/89 Conditional Use Permit (auto sales) Granted 11/14/88 Conditional Use Permit (restaurant) Granted 9 12/14/93 Conditional Use Permit (self storage) Granted 10 09/25/90 Conditional Use Permit (auto sales) Granted 11 05/26/92 Conditional Use Permit (motor vehicle sales) Granted 12 04/14/92 Conditional Use Permit (auto repair garage) Granted 13 03/19/73 Conditional Use Permit (auto sales & service) Granted 01/23/89 Conditional Use Permit (auto sales & service) Granted Public Agency Comments Public Works Master Transportation Plan (MTP): Virginia Beach Boulevard in the vicinity of this site is an eight (8) lane urban arterial roadway. No improvements are proposed within the MTP for this Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 34,490 — — 1,600 ADT Virginia Beach 39,363 56,240 Boulevard ADT' ADT 1 Proposed Land Use 3— 1,750 ADT A—rn o rhily Trinc 2 as defined by 48,000 square feet of auto sales & service 3 as defined by 52,500 square feet of auto sales & service Water & This site is already connected to City water and sewer. Sewer: Public Utilities Public Safety PHILLIPS MOTORS Agenda Item # 14 Page 7 Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Adequate — additional comments forthcoming during final site plan review. PHILLIPS MOTORS Agenda Item# 14 Page 8 Exhibits Exhibit A Aerial of Site Location PHILLIPS MOTORS Agenda Item # 14 Page 9 o NM J U) < 0 E cla 9 ci v M ca S N $D 00 cc io WNW Lr Ly- - W, M'z L" a. COD 0 LU < uj (D a 0 5 w Z z U) W < . 0 CL W U- 050 0— 0 cvo�i- 3: I-1z 106VA31nca H','v':18 VIN1061A Exhibit B Proposed Site Plan I PHILLIPS MOTORS Agenda Item # 14 Page 10 Exhibit C - 1 Proposed 0 Building ��=Wa Elevation d�- J iO'„� ZLL w+o PHILLIPS MOTORS Agenda Item # 14 Page 11 J Exhibit C - 2 Proposed Building Elevation PHILLIPS MOTORS Agenda Item# 14 Page 12 �i ' C 1 ch ' .2 p "" � "' 3 2_S ✓ahi i" to 7 � C 1 L.? ;jjjyj kit 1 r say.-, a3 L1 . a> . anypf`r loan u IV �^ oa:3� Ls' n W�=mom^• HIS G zr S2 1112 sill ... W F y C M a m -wig rn rci - r Y E• � n _ C Z p. its" 4 Q ty 01 012-7 n T1 Qua.'=.� r`s �. -n .=^ — Ci 'F ii7 u G Z3its- Exhibit D Disclosure Statement PHILLIPS MOTORS Agenda Item # 14 Page 13 Item #14 Phillips Motors of Virginia Beach, Inc. Conditional Use Permit 4980 Virginia Beach Boulevard District 4 Bayside October 13, 2004 CONSENT William Din: Our next item is Item #14 Phillips Motors of Virginia Beach, Inc. This is a Conditional Use Permit for automobile repair facility on property located at 4980 Virginia Beach Boulevard in the Bayside District. There are eight conditions. Mike Perry: For the record, my name is Michael Perry. I'm representing the applicant. We have reviewed those conditions and they are acceptable. William Din: Thank you Mr. Perry. Mr. Ron Ripley will comment on this one. Ronald Ripley: Certainly Mr. Din. The applicant has been operating with a Conditional Use Permit for sales and repair facilities since 1973 and was modified in 1989 and he wishes to amend this Conditional Use Permit to expand his facility to have a car wash on the property to wash his cars and a storage to store his cars. He has provided adequate, acceptable landscaping around the bulk storage area with other conditions added by staff and staff has recommended favorably and the Commission believes it should be on the consent agenda. William Din: Thank you. Madame Chair, I would like to make a motion to approve the following consent agenda item, Item #14 Phillips Motors of Virginia Beach, Inc., for a Conditional Use Permit for automobile repair on property located at 4980 Virginia Beach Boulevard in the Bayside District with eight conditions. Dorothy Wood: Thank you. Do I hear a second? A motion by Will and seconded by Ms. Katsias. Mr. Miller. RobertMiller: I need to abstain from Item #14. My firm is working on the project. Dorothy Wood: Thank you sir. ANDERSON CRABTREE DIN HORSLEY KATSIAS AYE 10 NAY 0 AYE AYE AYE AYE AYE ABS 1 ABSENT 0 Item # 14 Phillips Motors of Virginia Beach, Inc. Page 2 KNIGHT AYE MILLER ABS RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0, with the abstention so noted, this consent agenda item has been approved by the Board. AA— TI T r Map Not to Scale J AG-2 0 .ftunuz v v et AG-1 Got R-2 R-2o_w S-� ., 30 `�' i z-. -o2o \\\ PD-H2 (R-5D) \ PD-H2 CUP - Commercial Recreational Facility # I DATE IREQUEST I ACTION 1 04/14/92 Conditional Zoning Ag-2 to B-2 Granted 2 10/22/91 CUP (Recreational and amusement facility) Granted 01/28/85 CUP (Addition to Kennel) Granted 3 05/23/00 CUP (Recreational facility of an outdoor nature) Granted 4 08/25/92 CUP (Truck Rental) Denied CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Randi Vogel — Conditional Use Permit (commercial recreation facility) MEETING DATE: November 9, 2004 ■ Background: An Ordinance upon Application of J. D. and Randi Vogel for a Conditional Use Permit for a commercial recreation facility on property located at 2388-2400 London Bridge Road (GPIN 24059006930000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant proposes a holiday display for their Farm Market visitors. The hours of operation will be 9:00 AM until 9:00 PM from Thanksgiving Day to New Years Day annually. The display will be non -religious, depicting various animals preparing for a winter holiday party. The proposed commercial recreation facility is in keeping with the recommendations of the Comprehensive Plan regarding the Primary Residential Area. This site has been compatible with the adjacent properties since it was rezoned in 1992 for B-2 use. The Planning Commission placed this item on the consent agenda because it is in keeping with the character of the neighborhood, there was no objection, and Staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 2. Hours of operation shall be 9:00 AM until 9:00 PM from Thanksgiving to New Years Day annually. Randi Vogel Page 2 of 2 ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department U City Manager: S �1— `� ��Z RANDI VOGEL .Y,. Agenda Item # 20 October 13, 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. .OcatiOn and General Information REQUEST: Conditional Use Permit for a commercial recreation facility. LOCATION: Property located at 2388 London Bridge Road. MGM omi �:� ' �`"�©- Two �� • � `a� _� cup - comet mai xecmauwai raanty GPIN: 24059006930000 COUNCIL ELECTION DISTRICT: 7 — PRINCESS ANNE SITE SIZE: 19,768 square foot site is located within a 16.085 acre property RANDI VOGEL Agenda Item #-20 Pagel EXISTING LAND USE: The 19, 768 SF site is zoned B-2 and has a rural commercial use. SURROUNDING . Agricultural, recreational and amusement facility, LAND USE AND North: kennel / AG-2 ZONING: . Across London Bridge Road is single-family South: residential land use / R-10 & R-20 Agricultural, recreational & amusement facility / East: AG-2 West: • Agricultural land with a single-family home / AG-2 NATURAL RESOURCE AND The 19,768 square feet area has a pole barn and a few smaller CULTURAL structures on it to house animals and various activities. There are FEATURES: some open fields next to the barn. AICUZ: The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. NAS Oceana does not have objection to this use. Summary of Proposal I The applicant proposes a holiday display for their Farm Market visitors. The hours of operation will be 9:00 AM until 9:00 PM from Thanksgiving to New Years Day annually. The display shall be non -religious, depicting various animals preparing for a winter holiday party. Major Issues RANDI VOGEL Agenda Item # 20 Page 2 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. • Consistency with the Comprehensive Plan. Comprehensive Flan The Comprehensive Plan recognizes this site as part of the Primary Residential Area. Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility. Staff Evaluation Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses the 'Major Issues' identified above. The proposed commercial recreation facility is in keeping with the recommendations of the Comprehensive Plan regarding the Primary Residential Area. This site has been compatible with the adjacent properties since it was rezoned in 1992 for B-2 use. Conditions 1. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. RANDI VOGEL Agenda Item # 20 Page 3 2. Hours of operation shall be 9:00 AM until 9:00 PM from Thanksgiving to New Years Day annually. 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. RANDI VOGEL Agenda Item # 20 Page 4 Supplemental Information Zoning History Randi V el # I DATE IREQUEST I ACTION 1 04/14/92 Conditional Zoning Ag-2 to B-2 Granted 2 10/22/91 CUP (Recreational and amusement facility) Granted 01/28/85 CUP (Addition to Kennel) Granted 3 05/23/00 CUP (Recreational facility of an outdoor nature) Granted 4 08/25/92 CUP (Truck Rental) Denied RANDI VOGEL Agenda Item #_20 Page 5 Public Agency Comments Public Works Master Transportation London Bridge Road in the vicinity of this application is Plan (MTP): considered a four lane divided minor suburban arterial as is designated on the Master Transportation Plan (MTP). There are currently no projects to upgrade this roadway at this time. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Level of Existing Land Use — 50 ADT London Bridge 20,000 service "C" Road ADT' 28,200 Proposed Land ADT Use 3— 26 ADT rVc1aye Y as defined by an existing AG2 use produce stand 3 as defined by proposed use with primary bus traffic 3 — 5 per day Water and Sewer: I Not applicable. School I Not applicable. Public Utilities Public Schools Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: All props contained within a structure must be treated flame retardant. Prior to opening to the public, a fire inspection shall be completed. RANDI VOGEL Agenda Item #20 Page 6 Exhibits Exhibit A Aerial of Site Location RANDI VOGEL Agenda Item # 20 Page 7 x � <5 4 W Oi " I n ql i O O �Ot U V N N 00'06 2 C� ,• W � I Q C a { 6 � 1 ` Z 1 � 6 n w I ✓ o e Z � i W 9 w m O it oo.,'�s oo'o� e W cr � 3 OS 90 a9► N __ _ _ V _ ,._ Off,\ M w Z Exhibit B Proposed Site Plan RAND1 VOGEL Agenda Item # 20 Page 8 0 Exhibit C Photograph RANDI VOGEL Agenda Item # 20 Page 9 Exhibit D Photograph RANDI VOGEL Agenda Item # 20 Page 10 Exhibit E Photograph RANDI VOGEL Agenda Item # 20 Page 11 ti tti x �E Exhibit F Interior Rendering RANDI VOGEL Agenda Item # 20 Page 12 .. W i ?t; 2 no en t cC �'G ywc mCD M 01 a #'- a c u _4 `ff QL IIi y U O iv C C U i7 n R Z;Z 4.a= E6W 41 . AS Z ✓ 4 Cf d -n yc 4? vim o. tz tR U j 0. C V C t* Q5 m p 4 ii c°�°� cQn 4 v Evsa.o0 ti IU O Cn 02 V o a W ., vi,- m taj mac= z _ o r ti tic Q p o o.c xi 42 CCi t5 rD .G }, C V a = O �'' ri N 3 � n n C� L 1. N � ✓, S: L J Exhibit G Disclosure Statement RANDI VOGEL Agenda Item # 20 Page 13 Item #20 Randi Vogel Conditional Use Permit 2388-2400 London Bridge Road District 7 Princess Anne October 13, 2004 William Din: Our next item is Item #20. This is Randi Vogel. This is an application for a Conditional Use Permit for a commercial recreational facility on property located at 2388-2400 London Bridge Road in the Princess Anne District. There are two conditions listed here. Bill Gambrell: For the record, my name is Bill Gambrell. I represent Randi and J.D. Vogel in Hunt Club Farms and the conditions are acceptable. We thank you again for being on the consent agenda. William Din: Thank you Mr. Gambrell. Is there any opposition to this item being on consent? If not, Mr. Knight, would you please explain. Barry Knight: The application proposes a holiday display for their Farm Market visitors. The hours of operation will be 9:00 a.m. until 9:00 p.m. from Thanksgiving to New Years Day annually. The display shall be non -religious, depicting various animals preparing for a winter holiday party. These folks have been operating this Farm Market for a long time. I think a lot of people enjoy it. We think it is in keeping with the character of the neighborhood and I hear a lot of people really enjoy it. So, we think it's an appropriate use of the land and we put it on the consent agenda. William Din: Thank you Mr. Knight. Madame Chair, I would like to make a motion to approve the following consent agenda item, Item #20 Randi Vogel for a Conditional Use Permit for a commercial recreational facility located on property at 2388-2400 London Bridge Road in the Princess Anne District with two conditions. Dorothy Wood: Thank you. Do I hear a second? A motion by Will and seconded by Ms. Katsias. F.Va aItl ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE NAY 0 ABS 0 ABSENT 0 Item #20 Randi Vogel Page 2 MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, this consent agenda item has been approved by the Board. Page 1 of 1 Ruth Smith - Conditional Use Permit for St. Matthew's School/Church - Please POSTPONE From: <KiddyTeacher@aol.com> To: <ctycncl@vbgov.com> Date: 10/26/2004 8:49 AM Subject: Conditional Use Permit for St. Matthew's School/Church - Please POSTPONE CC: <B.Dyerctycncl@vbgov.com>, <H.E.Diezelctycncl@vbgov.com>, <rmcclana@vbgov.com>, <ViceMayorLRJonesctycncl@vbgov.com>, <jlwood@vbgov.com>, <ramaddox@vbgov.com>, <jreeve@vbgov.com>, <PWSCHMIDT48@aol.com>, <rvillanu@vbgov.com>, <rcwilson@vbgov.com> As a member of the Sherry Park neighborhood, I would like to ask you to vote to postpone the conditional use permit that is currently being considered for St. Matthew's School/Church. We have a 7 day a week traffic problem at the entrance to St. Matthew's at the intersection of Sandra Lane and Trestman Ave. ( I live on Trestman Avenue) My family's safety is as risk, along with the safety of all the residents of Sherry Park. I would like to request a proper traffic study be conducted at the entrance of St. Matthew's property (at the stop sign) before granting this CUP. I would also like to see St. Matthew's provide a traffic crossing guard to assist controlling traffic at any and all events on the property that generate at least 100 vehicles. The traffic guard should assist traffic 30 minutes prior to and 30 minutes after the end of each event. Also, I would like to see the exit on to Harlie Court permanently closed. I request that St. Matthew's be required to honor their prior commitment to improve traffic before being granted any future CUPs. I feel, that unless the City holds St. Matthew's accountable, we will continue to have this problem and possibly new traffic problems will be created. If St. Matthew's is not responsible, I would like to ask the city to help us find solutions. Thank you for your kind consideration to this safety matter. L. Lester 10/26/2004 Map A-8 , ,Ct_ M17tth,071K ('nthQ1 r .Qrhnnl \ •� ••- 44 it . r �.�EM ' "awsp-M® t�� - i 1� owl OEM gwo CUP - Classroom additions # I DATE IREQUEST I ACTION 1 07/27/73 CONDITIONAL USE PERMIT (church addition) GRANTED 07/09/90 CONDITIONAL USE PERMIT (church addition) GRANTED 06/28/94 CONDITIONAL USE PERMIT (church addition) GRANTED 03/12/96 CONDITIONAL USE PERMIT (school addition) GRANTED 10/27/98 CONDITIONAL USE PERMIT (school addition) GRANTED 2 01/10/77 CONDITIONAL USE PERMIT (church) GRANTED 10/02/01 CONDITIONAL USE PERMIT (child care center) GRANTED i 11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Reverend Joseph Facura, St. Matthew's Church — Conditional Use Permit (school in conjunction with a church — replace portable classrooms with a permanent structure) MEETING DATE: November 9, 2004 ■ Background: An Ordinance upon Application of Reverend Joseph Facura, St. Matthew's Church for a Conditional Use Permit for a school in conjunction with a church (replace portable classrooms with a permanent structure) on property located at 3316 Sandra Lane (GPIN 14560722940000). DISTRICT 2 — KEMPSVILLE ■ Considerations: The request is to add a building with six classrooms and a library to replace four portable classroom structures that have already been removed from the site. The current library is housed within the church building and will be relocated to the new building. The space occupied by the library within the church building will then be remodeled and used as a social hall. The additional classrooms will accommodate the existing student population. No increase in enrollment is anticipated. Enrollment at the school is capped at 625, and currently there is a student population of 615. There was opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The proposed building shall match the existing exterior of the school and church. 2. The building shall be located as shown on the site plan entitled "Saint Matthews Catholic School Building Addition", dated May 2004 and prepared by Hassell & Folkes P.C. This plan has been exhibited to City Council and is on file in the Department of Planning. Reverend Joseph Facura, St. Matthew's Church Page 2of2 3. A comprehensive stormwater management plan shall be included with the detailed site plan submitted to the Development Services Center for the building addition. 4. Enrollment shall not exceed a maximum capacity of 625 students, and a student enrollment certification shall be submitted annually to the Planning Director. 5. A minimum of three buses shall be operated on a daily basis to transport students to and from the school using designated routes. Additional buses shall be added as needed. 6. The school shall survey parents annually to determine if additional bus routes/buses are needed for the next school year. The school shall use parent newsletters to encourage bus ridership and carpooling on an on -going basis. 7. The school shall employ a traffic guard to assist with traffic control during morning afternoon peak traffic periods — generally 7:45 a.m. to 8:30 a.m. and 2:45 p.m. to 3:30 p.m. 8. No additional building expansions shall be considered for the school unless the request is accompanied by a master plan (with a five to ten year horizon) showing all future building projects for the entire property. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: �L - REV. JOSEPH FACURA, Z_. µ ST. MATTHEWS CHURCH Agenda Item # 28 October 13, 2004 Public Hearing Staff Planner: Barbara J. Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Conditional Use Permit for a building addition to the existing school operated in conjunction with the church. LOCATION: Property located at 3316 Sandra Lane cut, - uassroom aaamons REV. JOSEPH FACURA / ST. MATTHEWS Agenda Item # 28 Page 1 GPIN: 1456-07-2294 COUNCIL ELECTION DISTRICT: 2 — KEMPSVILLE SITE SIZE: 13.06 acres EXISTING LAND USE: Church, School and Neighborhood Park SURROUNDING North: • Single Family homes / R-10 Residential District LAND USE AND South: . Single Family homes / R-10 Residential District ZONING: East: . Single Family homes / R-10 Residential District West: • Single Family homes/ R-10 Residential District NATURAL The majority of the site is developed with impervious surfaces and RESOURCE buildings associated with the church and school. There is a AND neighborhood park on the west side of the site that contains four CULTURAL baseball fields. There is a wooded tidal ditch along the northern FEATURES: boundary of the property that is designated as a Chesapeake Bay Preservation Area feature. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Summary of Proposal The request is to add a building with six classrooms and a library to replace four portable classroom structures that have already been removed from the site. The current library is housed within the church building and will be relocated to the new building. The space occupied by the library within the church building will then be remodeled and used as a social hall. The additional classrooms will accommodate the existing student population. No increase in enrollment is anticipated. Enrollment at the school is capped at 625, and currently there is a student population of 615. REV. JOSEPH FACURA / ST. MATTHEWS Agenda Item # 28 Page 2 The church and school have existed on this site since 1959. Several Conditional Use Permits for additions to the church and school have been granted during the subsequent thirty-five years. The latest Conditional Use Permit granted on this site was for a 3,600 square foot building addition to provide a permanent space for pre- kindergarten students. The Conditional Use Permit was granted on October 27, 1998 subject to the following conditions. 1. The proposed building must match the existing (brick, siding, color, etc.) of the school and church. 2. The site will be developed in accordance with the submitted site plan entitled "Preliminary Site Development Plan of Proposed Building at St. Matthews Catholic School." 3. Enrollment shall not exceed a maximum capacity of 625 students, and a student enrollment certification shall be submitted annually to the Planning Director. 4. Improve traffic circulation by providing a Satellite Parking Plan for the pick-up and delivery of students, with City staff approval, which will implement a busing system to and from the satellite sites no later than January 1, 1999, prior to applying for a building permit. 5. Provide a traffic crossing guard to assist in controlling traffic on Sandra Lane during the morning and afternoon peak traffic periods — 7:45 a.m. to 8:30 a.m. and 2:45 p.m. to 3:30 p.m. The satellite parking plan referenced in Condition 4 above was submitted to City staff in February 1999 and reviewed and approved by staff on March 2, 1999. The approved satellite parking plan contained four features as follows: A. Shuttle busses to run during both morning and afternoon peak hours between the school and the satellite parking lot at the bowling alley on Indian River Road. B. Crossing guard to help control traffic during peak hours in the morning and afternoon. C. School newsletters that encourage carpooling and use of the bus. D. Approximately 40 to 50 students riding the shuttle bus daily. Since 1999, there has been a change in the way the school operates the bus. There is no longer a satellite parking area at the bowling alley. The school now operates three buses with designated routes that students can ride to and from school. Every spring, the school sends out a survey to parents to determine if any changes to current bus routes or additional bus routes are needed or desired by the parents. REV. JOSEPH FACURA / ST. MATTHEWS Agenda Item # 28 Page 3 Traffic counts were conducted by Public Works/Traffic Engineering staff in February 2003 and again in September 2004. This information shows that the traffic generated by the school has remained stable and has not increased over this time period. February 2003 7:00 to 8:30 am — 296 trips 3:00 to 4:00 pm — 277 trips September 2004 7:00 to 8:30 am — 303 trips 3:00 to 4:00 pm — 254 trips 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 of the church and school with surrounding residential neighborhoods. Traffic is a major concern for the neighborhood. Comprehensive Plan y The Comprehensive Plan designates this area as being part of the "Primary Residential Area." The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. 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. REV. JOSEPH FACURA / ST. MATTHEWS Agenda Item # 28 Page 4 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 as follows: (1) There is traffic above the amount normally found in a residential area generated by the school. Based on the school's location, the traffic must travel a good distance through the neighborhood streets. Further complicating the traffic situation is the fact that the property also includes a large church with weekday and Sunday services and a neighborhood park that contains four baseball fields used by City recreational leagues. The amount of traffic and management of the traffic is an on -going concern of the neighborhood and the church/school. The school and church representatives met with City staff and neighborhood civic league representatives to discuss this request once the application was submitted and prior to scheduling this request for a public hearing. In that meeting, progress being made on the traffic issue was discussed. The school has implemented and expanded upon the traffic management plan required by the Conditional Use Permit in 1999. The school now has three buses with designated routes to transport students on a daily basis. The school employs a private crossing guard for morning and afternoon peak hour traffic. The school encourages carpooling and bus use through parent newsletters and conducts a survey in the spring to determine the need for additional bus routes. Even with this management plan in place, a certain amount of traffic will always be present because of the location of the property in the center of the neighborhood. City staff has reviewed the situation to determine if there are any viable alternatives to providing additional ingress/egress points on the church/school property and found that there are none. The City staff has also discussed with the church/school representatives what the future plans for the property are. There are no new building projects planned. Any improvements to the property would be in the form of renovation/replacement of existing spaces. It is staff's opinion that the school is working to reduce and manage traffic within the neighborhood and that the building addition requested is acceptable since it will be used for existing students. Although the traffic situation is far from ideal, the REV. JOSEPH FACURA / ST. MATTHEWS Agenda Item # 28 Page 5 use of this property for a church/school has a positive social impact on the neighborhood and is compatible. (2) Another concern of the neighborhood is stormwater drainage. Public Works/Stormwater Management is currently working with the church/school on a comprehensive stormwater management plan that will take runoff from areas east of the church and channel that water through piping underneath the parking lot to the outfall ditch that runs along the rear of the site. In addition, all on -site stormwater will be channeled to a large pond area in the rear of the site. The church/school is in the process of negotiating easement rights with Public Works and will show these drainage improvements on the detailed site plan for the building addition. It is staffs opinion that the stormwater improvements proposed will benefit the neighborhood and the church/school. Staff, therefore, recommends approval of this request with the following conditions. Conditions 1. The proposed building shall match the existing exterior of the school and church. 2. The building shall be located as shown on the site plan entitled "Saint Matthews Catholic School Building Addition", dated May 2004 and prepared by Hassell & Folkes P.C. This plan has been exhibited to City Council and is on file in the Department of Planning. 3. A comprehensive stormwater management plan shall be included with the detailed site plan submitted to the Development Services Center for the building addition. 4. Enrollment shall not exceed a maximum capacity of 625 students, and a student enrollment certification shall be submitted annually to the Planning Director. 5. A minimum of three buses shall be operated on a daily basis to transport students to and from the school using designated routes. Additional buses shall be added as needed. 6. The school shall survey parents annually to determine if additional bus routes/buses are needed for the next school year. The school shall use parent newsletters to encourage bus ridership and carpooling on an on -going basis. REV. JOSEPH FACURA / ST. MATTHEWS Agenda Item # 28 Page 6 7. The school shall employ a traffic guard to assist with traffic control during morning afternoon peak traffic periods — generally 7:45 a.m. to 8:30 a.m. and 2:45 p.m. to 3:30 p.m. 8. No additional building expansions shall be considered for the school unless the request is accompanied by a master plan (with a five to ten year horizon) showing all future building projects for the entire property. 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. REV. JOSEPH FACURA / ST. MATTHEWS Agenda Item # 28 Page 7 Mu Supplemental Information Zoning History Mai) A-8 .Ct M17tth.01717C (.aahnlic School 0 . • �■. ♦rZ -� 05 RON a / / ,/.,/ /1110 '.s:�i/ice •.� � �M-8= NMEN21N�1,+ CUP - Classroom adcUtions # I DATE REQUEST ACTION 1 07/27/73 CONDITIONAL USE PERMIT (church addition) GRANTED 07/09/90 CONDITIONAL USE PERMIT (church addition) GRANTED 06/28/94 CONDITIONAL USE PERMIT (church addition) GRANTED 03/12/96 CONDITIONAL USE PERMIT (school addition) GRANTED 10/27/98 CONDITIONAL USE PERMIT (school addition) GRANTED 2 01/10/77 CONDITIONAL USE PERMIT (church) GRANTED 10/02/01 CONDITIONAL USE PERMIT (child care center) GRANTED REV. JOSEPH FACURA / ST. MATTHEWS Agenda Item # 28 Page 8 Public Agency Comments Public Works Public Works/Traffic Engineering has conducted traffic counts at this site as noted in the SUMMARY OF PROPOSAL above. Public Works/Stormwater Management is currently working with the church/school to improve drainage on the subject site as well as the surrounding area to the east. Water: This site is connected to City water. Sewer: This site is connected to City sewer. Public Utilities Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: The Fire Department will review the detailed site plan when submitted for building permit review. REV. JOSEPH FACURA / ST. MATTHEWS Agenda Item # 28 Page 9 Exhibits Exhibit A Aerial of Site Location REV. JOSEPH FACURA / ST. MATTHEWS Agenda Item# 28 Page 10 Exhibit B Proposed Site Plan REV. JOSEPH FACURA / ST. MATTHEWS Agenda Item # 28 Page 11 Exhibit C Photograph of isting Site REV. JOSEPH FACURA / ST. MATTHEWS Agenda Item # 28 Page 12 Z {U w 0) 0 U to if F- Z Ui L-- in W 0 U UJ M :J p i Inpa v �+ p� °mom �m52 c� °o Pib�tv'� yao •a W cc��tL, OaE I°m 0 C�Nt�� GCCi • go y Z y C_ M -.0 ; Oa c 4;, 111 I Qom ,a=sue;c%Not,O G � � rt y» v81N1C. ��cv �'�•'�g°3ztl„°�ON:n � � o Omy � L�m1f ��°•t 0'C G�'�'n U1 sr—� � di � �yy . . m•6 w9 S .3Y GL .L 9 -'dam Qb4 4Db��Eor 6=+Gd�cv Y NI R13, Voyy7, ^ RAT u r O' F Z v- L b C C N AC' G m V comic a cam � c'o yM �a 0 ' ma —inn» C i paaoo )ju 12, T Exhibit D Disclosure Statement REV. JOSEPH FACURA / ST. MATTHEWS Agenda Item # 28 Page 13 -� r f�g 2(6 Sherry Park Civic League, Inc. The Sherry Park Civic League, Inc. would like to petition the City of Virginia Beach to deny the current request for a Conditional Use Permit by St. Matthew's Church and School. The reasons for this request are as follows: l . Unbearable traffic seven days a week 2. Overtaxed neighborhood storm water capabilities a. Existing BMP ponds are non functional 3. Community unable to sustain further growth 4. Lack of data by City to document compliance with previous Conditional Use Permit requirements The Sherry Park Civic League is requesting that the City of Virginia. Beach Conduct a traffic study and develop a solution that alleviates the current traffic problems with a reduction in the volume of traffic 2. Correct the current storm water problems While we have always appreciated the mission of St. Matthew's Church and School, we believe a better balance between the needs of the St. Matthew's and the needs of the residents of Sherry Park is essential. Sherry Park Civic League, Inc. In response to the Planning Staffs suggestion, should this Conditional Use Permit be approved, the Sherry Park Civic League is requesting that the City of Virginia Beach .apply the following conditions. 1. Same conditions as the 1998 permit 2. A traffic guard 30 minutes prior to and 30 minutes after each event that generates more 100 vehicles 3. Verification that the traffic does not increase due to increased events 4. Correct the current storm water ponds >. City park be available after 3:30 pm weekdays and all day on Saturday and after 1 pm on Sundays 6. No service vehicle prior to 8 am and after 4 pm 7. Require a percentage of students be delivered to school by buses rather than by parent drop off Whereas, we realize that these conditions may seem difficult, they are not as difficult as our daily lives have become as a result of this traffic. Item #28 Reverend Joseph Facura, St. Matthew's Church Conditional Use Permit 3316 Sandra Lane District 2 Kempsville October 13, 2004 REGULAR Joseph Strange: The next item is Item #28 Reverend Joseph Facura, St. Matthew's Church. It's an Ordinance upon Application of Reverend Joseph Facura, St. Matthew's Church for a Conditional Use Permit for a school in conjunction with a church to replace the portable classrooms with a permanent structure on property located at 3316 Sandra Lane, District 2, Kempsville. Dorothy Wood: Thank you for your patience for this today. I'm sorry that you had to wait so long. Welcome. Barbara White: Thank you. Madame Chairperson, members of the Virginia Beach Planning Commission. My name is Barbara White. I'm Principal of the school. We've asked for a Conditional Use Permit to replace four trailers that have out served their use. The main issue of getting rid of the trailers was because of the safety. When the trailers were in the back of the building, we had fifteen open doors and it was not a very safe environment for the children because people could come in and did come in to the back of the buildings. We would like to have this building with the idea that there is no increase in enrollment. Enrollment has already been set by the City, and with the Bishop with our last building project and there is no increase in employment. The only thing is to take portable structures which are already off the property and to replace them with a safer permanent structure that has easy access doors but no way of getting into the building. The only way to get into the building if this project is complete would be through the front door at the office. Dorothy Wood: Thank you. Safety is so important isn't it? Barbara White: Yes it is. Dorothy Wood: Father, do you have something to say? Father Joseph Facura: I support the statement with the principal. There would be no real increase in the volume of traffic in and out of Sandra Lane. The number of enrollment has not increased and we now have three buses to transport the children and the students in and out of the school. I believe the same thing with the state of school and there is no danger to the neighborhood or increase of the volume of traffic. Thank you. Dorothy Wood: Thank you Father. Thank you. Item #28 Reverend Joseph Facura, St. Matthew's Church Page 2 Ed Weeden: Just for the record, please state your name. Father Joseph Facura: Father Joseph Facura. Dorothy Wood: I think you have several supporters here. Do they want to speak or would they like to stand up? I think they do. Thank you. After the opposition, we'll call you back. Barbara White: Okay. Thank you. Dorothy Wood: Hello sir. Steve Porcuna: Good afternoon Madame Chairwoman, Board. My name is Steve Porcuna. I live on Trestman Avenue, right in front of the school. My house is actually positioned to where I walk out of my backdoor and out of my back fence to church and my children go to school at St. Matthew's. I've been at that residence for 11 years with no issues to date. Dorothy Wood: Would you like to show us where you live with the pointer? Steve Porcuna: My house is this one right here. Dorothy Wood: Thank you. Steven Porcuna: I've lived there for 11 years as I stated with no incidents with traffic problems or anything. And as I stated, my children attend school there. I was very concerned with portable trailers with the issue of safety and I just support this proposal with all my heart. Dorothy Wood: Isn't it sad that we have to worry about our children's safety today? Steve Porcuna: Yes ma'am. Dorothy Wood: Who is the next one? Joseph Strange: Are you with St. Matthew's school? Michael Tacoronte: Yes Joseph Strange: Do you have a spokesperson that you're going to use? Michael Tacoronte: We all would like to speak if we may? Joseph Strange: The first person is Dawn Feldman. Item #28 Reverend Joseph Facura, St. Matthew's Church Page 3 Dawn Feldman: Thank you. Good afternoon. Dorothy Wood: Good afternoon. Dawn Feldman: I'm basically I'm going to say what Mr. Forcuna was going to say. Ed Weeden: Please state your name for the record. Dawn Feldman: Dawn Feldman Ed Weeden: Thank you. Dawn Feldman: I feel the same exact way as Mr. Forcuna. I also own property directly behind the school. Right there. I have three children. They go to St. Matthew's. One is 7th grade, 5th grade, and kindergarten. We have been at the school for 10 years. I support this and I would think a neighborhood would much rather see a building than trailers. Thank you. Dorothy Wood: Thank you. Joseph Strange: The next spokesperson is Sandi Lahouchuc. Sandi Lahouchuc: Madame Chairman, ladies and gentlemen of the Planning Commission. Thank you for having us here this afternoon. My name is Sandi Lahouchuc. My friends will say Sandi Smith because it is much easier. You've heard the comments made by our Pastor Father Facura and our principal Mrs. White. I'm Chairperson of St. Matthew's School Board. On behalf of the school board you have the information before you regarding the granting our request for a Conditional Use Permit. You also know some of the concerns expressed by the residents of Sherry Park. On behalf of the School Board we are respectfully requesting that in using your sound reasoning, the judgment and the wisdom that you approve the granting of our request for a Conditional Use Permit so that we can begin with the construction of our new school wing that will offer a safer and a more secure environment for our school students. Thank you for your consideration. Dorothy Wood: Thank you. Joseph Strange: The next speaker is Jason Nuss. Jason Nuss: Madame Chair, Commission members. My name is Jason Nuss. I'm a concerned parent of St. Matthew's. I'm also a member of the school board. Without being rhetorical, I'd like to run through some things that are very critical to me, and the upbringing of my son. I will be leaving the school next year. I've been there ten years. only have one child and I travel a great distance to get to that school. I work closely and I've heard a lot from the surrounding families. I find the school is a great neighbor. The Item #28 Reverend Joseph Facura, St. Matthew's Church Page 4 surrounding land of that school is a great neighbor. It's got playground. It's got ball fields. Its what I would want and it is what I grew up with some years ago having a school next to my house where I could play. The new building does not encroach. You can't see it unless your on the property and looking for it, if I could go to Exhibit B & C. Most of the traffic around the school is viewed going in this direction. This is blue I think. I'm a color-blind person. For this area of the school was previously inhabited by trailers. They are now removed. This property, grass and sidewalks are within those confines of the school. In those boundaries it will not project outside, per say the proper school existing structures. With recent events in Russia and other areas of the world, there is no question we have to provide a secure strong foundation for our kids to learn. There is no question. A bit rhetorical, previously people have walked into the trailers, walked into the school because there were so many access and egress points. Limited staff, budgets. We want to build a secure environment. By doing this we can do so. The latest email, the Board of Education and Home Land Security stress that we need to control the boundaries of the school. I ask that you do this. The children deserve a good strong facility. Dorothy Wood: Thank you sir. Jason Nuss: Thank you. Joseph Strange: The next speaker is Michael Tacoronate. Michael Tacoronte: Very good. Madame Chair. Dorothy Wood: Good afternoon. Michael Tacoronte: Good afternoon to all of you. Once again without being rhetorical, we've been here a long time. Ed Weeden: For the record, please state your name. Michael Tacoronte: Michael Tacoronte: Ed Weeden: Thank you. Michael Tacoronte: I've been at the school for seven years. I've been on the school board for 3 '/2 of those seven years. Once again our effort here is to try and establish an environment of safety for our children. That is a concern to all of us. I don't think that aside from a structure there is going to be great changes to the neighborhood as a result. The opposition, which you will hear from shortly are represented by 170 households in the neighborhood. They called a meeting in order to discuss this particular issue and 12 households appeared, seven percent of the neighborhood. We would like very much for you and I've heard a great deal from all of you today during this session as it involved other issues that were before you today. I have to say that once again, I had prepared but Item #28 Reverend Joseph Facura, St. Matthew's Church Page 5 I don't need to go there. I've heard nothing but common sense from all of you today. , What you have all done is you have communicated very effectively with each in making your points to each other and I know that the common sense will prevail. I thank you all very much for your time and opportunity to speak to you. Dorothy Wood: Thank you for coming. Joseph Strange: Speaking in opposition now, we have Steven Harrill. Steven Harrill: Good afternoon. Dorothy Wood: Welcome Mr. Harrill. We're happy to have you with us today. Steven Harrill: Thank you all for letting us be here. I have several things. I was chosen to speak for the Sherry Park Civic League, which I will attend to in a moment. There are a couple of things that I would like to clear up. These trailers that they just got rid of they want to replace if you would check your City Council minutes from the last improvement, you will find that they were suppose to be used for storage at that time. It is in the City's minutes themselves. As a representative for the Sherry Park Civic League, Inc., we would like to petition the City of Virginia Beach to deny the current request for a Conditional Use Permit by St. Matthew's Church and School. The following reasons are (1) the unbearable traffic not five days a week but seven days a week. We not only deal with school traffic we deal with the church traffic, boyscout traffic. Every event that goes on at that church and that school brings traffic through our neighborhood. Our neighborhood stormwater capabilities and the existing BMP ponds are not functional. The community is unable to sustain any further growth. The use of this property by this complex has had a negative social impact on our neighborhood that is directly opposing what your Planning staff says. I don't see how they say they had a positive influence on our community. The speaker that follow will point out. We do have a couple requests of the City. Conduct a traffic study. Correct the stormwater problem and conduct a study to determine the capacity of our streets. While we always appreciated the mission of St. Matthew's Church and School we believe that a better balance between the needs of St. Matthew's and the needs of the residents are shared apart are essential. In the event that you do approve this application, we have as Planning suggested given you some of our requests for conditions and they're in front of you. I'll let you read them if you like. Dorothy Wood: Thank you sir. Are there any questions? Thank you very much for coming. Steven Harrill: Thank you. Joseph Strange: Also speaking in opposition we have Lora Doughten. Lora Doughten: Hello. My name is Lora Doughten. Item #28 Reverend Joseph Facura, St. Matthew's Church Page 6 Dorothy Wood: Would you speak your name into the mic please. Lora Doughten: Yes. My name is Lora Doughten. I've been a resident in the neighborhood since 1956. Dorothy Wood: Welcome Ms. Doughten. We're happy to have you with us. Lora Doughten: Thank you. This neighborhood has not grown in itself. It started off at 170 homes and it remains. Where St. Matthew's complex has quadrupled its size to what it was originally when I lived there earlier. Okay. This has caused an influx of outside traffic through our neighborhood that results in bottlenecks heavily on Sandra Lane and Trestman Avenue, which I live on Trestment Avenue. We have a special unusual situation that we only have only one entrance into St. Matthew's on Sandra Lane. All of this traffic is bottled neck between Sandra and Trestman. We've had numerous accidents and some I understand have not been reported on this street as far as I've had a neighbor that a car was coming out of St. Matthew's at an unreasonable MPH and ran into the front of my neighbor's vehicle. I had a friend that visited my home and his mirror was knocked off by someone passing by and a lot of these have been hit and run situations. We just had a neighbor last week that was out in his truck and he leaned over to get something out and this car, I guess swerved to keep from hitting him and went into our neighbor's lot. The speed is a big factor. The church has concerns about safety. We have concerns about safety for our children that live there and we have to endure this traffic everyday. It's not safe for our children to walk on the streets, to walk to the park. It's not safe for them to ride their bikes on the street, which is normal for children to want to do. You have to use the street to get to the park. We can't use the park because it's tied up with hours of the school usage. . We have other issues. We have elementary school buses that come. We've had to move bus stops around because the children that have to get on these buses for safety reasons and our trashcans are out. Its crazy to see how these cars are coming and going on such a little road. They're just at standing. I just keeping that they continue to be concerned about all of their needs but they're not being concerned about the neighborhood needs. They are a giant in a small neighborhood. Joseph Strange: The next speaker is Sara Murphy. Ed Weeden: She left Joe. Joseph Strange: She left. Jannette Edwards. Dorothy Wood: Welcome Ms. Edwards. Jannette Edwards: Thank you. Thank you for having me here today. Dorothy Wood: Please give your name. Jannette Edwards: I'm Jannette Edwards. Item #28 Reverend Joseph Facura, St. Matthew's Church Page 7 Dorothy Wood: Thank you. Jannette Edwards: We have a profound problem that is affecting our neighborhood. Several years ago we came before the Planning Commission and City Council and shared concerns and were told that the problems would be alleviated. We found with great disappointment and frustration that our neighborhood has become a permanent passageway for excessive traffic to and from St. Matthew's. While I appreciate the mission of St. Matthew's there must be a better balance between their needs and our needs. Sherry Park began as a neighborhood in 1956 and the small St. Matthew's Parish joined us in 1959. Forty years later we're still a small 170 home neighborhood and St. Matthew's is now a giant Parish who wants to build again. From 1990-1998, enrollment increased from about 215 to over 600 students. Traffic also increased. In 1998 over 350 cars enter and exit the school two times daily and today it's the same numbers, the exact same numbers. In addition the traffic from the school whenever events keeps our streets occupied seven days a week. As a neighborhood we have dealt with the uncomfortable changes however, building an extra classrooms and library and converting the old area into a social hall as we see it will provide opportunity for more traffic. With the increased facilities other events will take place even simultaneous ones as mentioned. The enrollment cap is 625 which insures us that we would endure no more traffic. Our objection is not with St. Matthew's but it is with the current and future traffic. St. Matthew's growth expansion overwhelmed our tiny community. In 1990, they built a worship hall. The old worship hall was supposed to be their social hall and it states that in the application but they turned it into classrooms and a library. In 1994, a gym was added. In 1996, eight classes were constructed. The cafeteria and parking lot enlarged. The application that was they were suppose to remove the portables at that time. I could go on but in addition, we have stormwater problems, the ponds on the property are not operative. They were put in and that was the expectation. And lastly, we don't want interfere with St. Matthew's but their growth is destroying the harmony and quality of our neighborhood. It is unacceptable for the people to have lived in Sherry Park for over 40 years to be required to endure these conditions. Please support us, and thank you very much. Dorothy Wood: Thank you ma'am. Are there any other speakers? Joseph Strange: There are no other speakers. Dorothy Wood: Ms. White would you like to come back or Father? Would either of you like to come back? Barbara White: Thank you. There are some issues that were brought that I would like to clarify. One was that the last time it was stated that the trailers would not be used anything but storage. It was the one trailer that we were replacing that was not to be used for anything but storage. That was the pre-school trailer. We had two classes of pre- school in the trailer and then we built the new building. So, that trailer was to be for storage and it still is. It is temporarily being used as a classroom now because the trailer Item #28 Reverend Joseph Facura, St. Matthew's Church Page 8 with the children in is now gone. But it has been used for five years at the home and school guild for their projects and for their storage of equipment. The other issue that was brought was last time we asked for a Conditional Use Permit and again this time was the fact that last time we were supposed to take the trailers off the property. It never said that. It said move the trailers. It was said by the construction company to move the trailers because the trailers were in the space where the gym was going. It never said move the trailers off the property. It was an assumption and consequently it's an assumption that still lives today and it has been five years. I can't help with things like that. As we stated before there is no increase in traffic. I know they still have traffic issues with the neighborhood but we did everything that the City had asked us last time to address in our Conditional Use Permit. We have a traffic guard who is on the corner during the peak hours in the morning and afternoon. The peak time where there is over 100 cars going through is from 8:00 a.m. until 8:15 a.m. The rest of the time there are cars coming in and out but that is the hardest time. We have a traffic guard for 45 minutes every morning, 45 minutes every afternoon to help alleviate that. The question about only having one-way out of the school? That was requested by the neighborhood during our last Conditional Use Permit because we had two ways out. They complained that there was a cross when finally one turned into the other one. They asked us if we would close off the back. We closed off the back at our last Conditional Use Permit. We undo it and let the three buses out and then we put it back up again. So the reason that it is crowded on one is because the neighborhood had asked us to close the one. Our rentals have decreased because the Diocese has increased the insurance so as far as having more rentals that is not likely. We actually have less because they have to pay $85.00 just for a one-time use not even counting the rest. Dorothy Wood: Father, would you like to say a word or so? Father Joseph Facura: Yes. Our intent is always through maybe through not harmony and in good report with the neighborhood Sherry Park. I was just thinking our school children and it is a very important mission for the church. The school has existed in this locality for 41 years. I think that's a very positive impact on the neighborhood because it educates the whole person of 625 students. I suggest that to ease out anxiety about the traffic. May be it would be good to put up a traffic light in front of the Sandra Lane section along the Indian River Road. It was mentioned that our social hall will be renovated and there was anxiety that there might be an additional volume of traffic due to the usage of this renovated assembly hall. I would say that would be alleviated because the usage of the cafeteria hall for social functions will just transfer to our renovated assembly hall so the volume of people using this facility will just be the same. So, I'd like to express our sympathy to the Sherry Park people but to relieve their fears that there will not be that dangerous volume of traffic increase. In fact, there will be none really I would say. Dorothy Wood: Thank you sir. We appreciate it. Father Joseph Facura: Thank you very much. Item #28 Reverend Joseph Facura, St. Matthew's Church Page 9 Dorothy Wood: Father, would you please answer questions for Mr. Din and Mr. Miller sir? Father Joseph Facura: Yes. William Din: Father, what kind values is provided to the parents who are driving in and out of this area on Trestman and Sandra Lane? What kind of speed limits do you suggest to them? Where is your guard posted? Can you give us some idea of how you're trying to control the traffic? Father Joseph Facura: Well, I think the speed is 20 mph or something like that. I'll let the principal explain. Barbara White: The traffic guard is right on the corner. Ed Weeden: Ma'am, could you please use the pointer next to the mic? Barbara White: Okay. The traffic guard is right here. There is a stop sign here and a stop sign here. And this sign is full traffic. This is the exit that the neighborhood asked us to close last time. So, all the traffic is in and out of this way because they said that when they came out this way and then came down here, it got mixed with that and so as a safety measure we only had one exit. The other one can be used for emergencies. A newsletter that goes out every Friday to our parents reminds them of the traffic. If a parent catches another parent doing something wrong they give us the license plate number and we post it on a Friday Flash. So, we are keeping abreast with this. A neighbor from Sherry Park had written me a letter last year saying that she had seen someone speeding and asked if I would address it because she was going to ask the police to come out. I put flyers on poles, front doors, backdoors and everywhere to say a neighbor has complained. Please keep the speed limit down. I can't control them once they're out in the street but we certainly try. We try, the speed limit inside the school grounds is 3 mph, which you can't do unless your foot is on the brake so we try to get them to go slowly but I can't guarantee that they are slow all the time any more than the neighborhood. That's out of my jurisdiction. We need more police in order to take care of that. William Din: Thank you. Dorothy Wood: Mr. Miller. Robert Miller: I'm in support of St. Matthew's and probably of this application unless something with your answer tells me differently. My understanding is that there will be no trailers after this is done or did you say that there would still be one storage trailer? Barbara White: The four trailers that were used as classrooms are gone. Item #28 Reverend Joseph Facura, St. Matthew's Church Page 10 Ed Weeden: Can you stand near the mic? Barbara White: Oh, I'm sorry. The four trailers that we had removed that had classrooms in it will be gone. There is another trailer that has been turned into a permanent structure with siding and everything that is the one that used to be the pre- school trailer and it is the home and school guild. Robert Miller: What does that mean? Barbara White: Oh I'm sorry. PTA Home and School Guild. Robert Miller: So it is not used as classroom? It's not an expansion. Barbara White: No. Robert Miller: It is literally used for meetings of that type? Barbara White: Right. Right now it temporarily houses them just for this year because we are waiting. It belongs to the Home and School Guild for the last five years. Robert Miller: It is not a trailer. It's actually a finished building now? Barbara White: It is a trailer but it doesn't look like one. Robert Miller: I'm just determining. Barbara White: Yes. The one in back that are remaining we gave to the Parish and the other one is to work on computer repair. Robert Miller: I'm trying to clarify. Do we have any portable trailers left on the site after you do this improvement? Barbara White: Three. There were seven in all. Four are gone. One was turned into a permanent structure by the way it is and there are two more out back that are behind the Parish office. Robert Miller: What are they for? Barbara White: One of them I gave to the Parish. They use it for the women's club. The other one is for our Parish to repair computers and storage. Robert Miller: Will you really need portable trailers left on this site with the building of this new facility? Item #28 Reverend Joseph Facura, St. Matthew's Church Page 11 Barbara White: Just for those functions but not for children. There will not be any children in them anymore. Robert Miller: I'm a little troubled that we're keeping the trailers but I'll go on from there. I didn't understand that from the application. The other thing is that when we hear this before and we heard St. Matthew's at least two or three times since I've been on the Planning Commission. There has been a continued load about two things. The BMPs stormwater management and the traffic. I don't know why this is happening with the BMPs or what is not happening but you all have not addressed it. Can you tell what you've done to resolve that? They're still not happy with this and I don't know if you came to Public Works to get help with whatever. If it's a City facility and we have responsibility and if it is not is a private facility and it's a coordinate effort that has to take place. Barbara White: It is a City facility and I've been in touch with a Michael Mundy. Robert Miller: In Public Works? Barbara White: Yes, in Public Works. He explained to us a process in which they wanted to run the pipes through the middle of our property out to the back. And he asked our opinion on it and the site manager was there and we said yes, it is plausible. I need to see the whole thing and a site plan to send to the Bishop because we don't own the property. Robert Miller: I understand that. Barbara White: So, that has been an issue. Robert Miller: So you're working with the City Public Works and the neighborhood can get with you that you're working with them. Is there a time? Barbara White: They know that we are meeting because I think they met with Michael Mundy first that is why he ended up calling me. Robert Miller: I believe this has been going on for quite a while. So, I would hope that the time line of getting this resolved is a little bit shorter at this point. Certainly within a next year or so. It just seems like that this is an unfair burden to this project to be placed on you also but certainly on the community as a whole. It is something that is easily addressed. I think their concerns involved in asking a question. I appreciate the fact that Public Works, Mr. Mundy are working with you to work it out. The other thing is the traffic. As we've listened to this discussion, I can remember back it was close this, open this. Everybody is coming in and out of here. I think there is a real lack of continuity here. Not with an increase in your traffic. I don't know that's the problem. I think what they're saying is that your current traffic without any increases is more than a problem for them. The neighborhood is not being listened to or at least not being attended to. Item #28 Reverend Joseph Facura, St. Matthew's Church Page 12 Now it may be that you're taking down license plates for people that are speeding. I'm sure they appreciate that. It may be in some cases that it's their own situation. They may be causing some of the problems. I don't think they escape this because they drive cars too. But certainly you have to be over sensitive to be a good neighbor and that is what you said. You wanted to be a good neighbor. I think you need to work harder to be over sensitive to try to help them with whatever the traffic issues. The buses sound like a good solution to a lot of this. This is one of their comments also and I'm trying to think if there was anything else here about the safety and speed. There was something about the park. What is it about the park? I don't understand where the park is. Barbara White: That was an issue that has nothing to do with this building prior to development. Robert Miller: Where is the park'on that map? Maybe you can help me. Is that on the left there? Barbara White: All of this is the park. Robert Miller: That is not your property? Barbara White: That is our property. Robert Miller: Why is it called the park? Barbara White: It is leased to the City of Virginia Beach for a dollar a year but we never collect the dollar and it was issued last time. Robert Miller: How much do we owe you? Barbara White: Forty-one dollars I think. It's been 41 years. Robert Miller: Do you have cash on you? So that is a public park? Barbara White: It is a neighborhood park that is leased but it is our property. When the issue came up last time with the Conditional Use Permit we had promised with the Social Services who said that the kids from the park could not be in the same area where our after school program was and it ended up back in the Bishop's hand. The Bishop said, either settle this, or I'm taking the park back. So the settlement was they would not be on the park until after our after school program was over. They have it all weekend. They have it all summer and they can have it after our program is over with at 5:30 p.m. Robert Miller: 5:30 p.m. They can have it on Saturday and Sunday? Barbara White: Yes, but this was already settled by the Bishop and Social Services. Item #28 Reverend Joseph Facura, St. Matthew's Church Page 13 Robert Miller: It isn't settled because it is written down here and there are issues. Have you got a copy of your issues? Barbara White: No, I do not. Robert Miller: We'll give you one. Going along with that the park is an issue. It sounds like that is very close to being able to being worked out with the idea of what you just said. Barbara White: It's been since the last time we were here. It's been like that for five years. Robert Miller: It probably wasn't known to them. Service vehicles prior to 8:00 a.m. and after 4:00 p.m., is that okay? Is that something you can handle without having service vehicle people that are deliveries and so forth? Barbara White: Not necessarily. We have the garbage picked up as early as possible. We have UPS that comes in and we have a food service that comes in. They usually come is as early as possible but I can't guarantee because they have a full route. The one's that are the busiest Monarch always tries to be there before 7:00 a.m. and so does the garbage pickup for us. Robert Miller: Okay. So that is something you can't do. Well, I think you need to take a look at or perhaps you can and we'll give you a copy of this so you can talk to them. I think it's really important that you do exactly what you said you would be and that was be a good neighbor. There are things you cannot do. I understand. I think all of us realize there is a reasonable balance to how much you can control activities that are not within the confines of the things you do but the things you do have some control over we would like for you to take real responsibility upon because St. Matthew's like you said is performing a great service to your community. I don't think the neighbors are sitting there saying we don't like St. Matthew's, we want you out of there. What they're saying is that is not what they said. They didn't say that. And, so I take them by their word at this point. But I'm assuming is what they're saying is please do something about some of these things. What we would like for you to do is work with people like Public Works, Traffic Engineering. There are lots of resources in the City that you and the neighborhood together you can come to bear with and they would be responsive. A lot of people will be happy to meet with you and help with issues that are perhaps not easily resolved between you because there may be other external factors that neither one of you control that can be taken care of. Would you please look at this list and see what you can do for them. Barbara White: We've had two meetings with the delegates from the neighborhood. One of the issues was a traffic light at the corner and both sides agree that we really needed it. We asked for it last time and it didn't happen. Both sides, we are filling out petitions and I have approximately 250 petitions so far from my parents and the whole idea both the Item #28 Reverend Joseph Facura, St. Matthew's Church Page 14 neighborhood and the school we're going to combine them. It was unified front to traffic and to see if we could convince them again so that was a unified front that we were trying to do for both. The other issue that was recent was that extra bus was just purchased just now. It was our last attempt to try and make things even better. Originally with the last Conditional Use Permit we haven't had any increase in enrollment since then. We had one full bus and one that was just doing satellite parking. Since then we now have three full buses that have satellite parking that is far away from the school. You can always keep working and keep working but I really do feel that we have been trying to the best of our ability to settle some of these problems. Robert Miller: I think the answer is just what you said and that is keep working. Dorothy Wood: I have one question for you Ms. White. You talked about giving things away like trailers. You're giving them to the Parish. I think we're looking at the whole thing as the Parish and the school. As a matter of fact, St. Matthew's Church we're not talking just about the school. The trailers that you got rid of are still on the property because you gave them to the Parish. Barbara White: I gave four of them away. Two are at the Star of the Sea, one is at Daniel's Academy and one was given to a contractor. They are not anywhere on the property. Those four. Dorothy Wood: The others are? Barbara White: Yes. One is used by Home and School Guild and has been for the last five years. Dorothy Wood: You said the other two were? Barbara White: Behind the Parish. Those are still there. Dorothy Wood: That's our problem. Barbara White: Yeah. Dorothy Wood: We think of it as one group. Barbara White: They're not being used for children. It's not used for homerooms or anything like that. Ronald Ripley: My question has to deal with the number of people that you're serving. I see a number for students, which is 615, which I think I read, and a capacity of 625. Barbara White: Yes sir. Item #28 Reverend Joseph Facura, St. Matthew's Church Page 15 Ronald Ripley: Five years ago, what was the student population? Barbara White: 625. Ronald Ripley: How about the congregation five years ago? What was your congregation five years ago? Father Joseph Facura: I have been at St. Matthew's sir for only three years now. Five years ago? Sandi Lahouchuc: 1,200. Father Joseph Facura: 1,200. Ronald Ripley: What are you now? Father Joseph Facura: We are about the same number. Sandi Lachouchuc: We are 1,146. Father Joseph Facura: One thousand one forty six families. Ronald Ripley: Would you take the pointer and show me again how the traffic flows into your normal flow. Does it come in through that Trestman Avenue? Is that where it is coming in? Barbara White: This is MacDonald Road and there is a stop light down here. And some of them come in here over and up and some come straight from Indian River Road straight up. The traffic guard is right there. Ronald Ripley: Is there any backup on Trestman or whatever that road is that comes directly in? Barbara White: Yes the backup here isn't that bad because there is a stop light here. What we were hoping for is a stoplight here because then both of them would flow out easily. Ronald Ripley: Is there a stacking out of the neighborhood for parents dropping students off. Barbara White: Sometimes yes. Ronald Ripley: Have you all looked at trying to and we have this at Cape Henry. Cape Henry had a stacking issue and for the most part they solved it. A long left lane was put t Item #28 Reverend Joseph Facura, St. Matthew's Church Page 16 the parents into the property and then looped back which got a lot of the cars off the road, which was a huge relief to the neighborhood. Is that in the study? Barbara White: No. The backup isn't coming in. There is enough room in the parking lot for them to come in. The back up is going back out and getting caught at this stop sign here. Coming in the back up isn't as long because of the traffic guard. They can get into the property but when they try to get back out that is where the problem is. Ronald Ripley: I see. Steven Harrill: There is stop sign there. At Sandra Lane and Indian River Road there is stop sign and not a light so you're at your own risk crossing two lanes of traffic at Indian River Road. Barbara White: The bowling alley is right here. This is all commercial, the bowling alley is right here. There is a church here and across the street are other several small businesses. But it is in a four lane with a median. Dorothy Wood: Thank you very much. John Waller: I'd like to ask one question. The trailers. Let's get back to the trailers ma'am. The trailers have been removed from the site? They are no longer there? Barbara White: Four of the trailers. John Waller: Those four that we see they are gone. They are off the site? Barbara White: Yes sir. John Waller: Okay. Dorothy Wood: Which ones are gone and which ones are still there? Barbara White: These are the four that are gone those that were used by the students and that is the area where we want to build the new building. It's right in between the gym and the main building. Those four are gone. The two that are here is connected together. It looks like one but they are two separate and that is right behind the Parish office. Dorothy Wood: Thank you, unless there are more questions. Thank you very much. Mr. Miller. Robert Miller: I'm prepared to make a motion to approve the application but I do want to and again, Ms. White I don't know if you picked up or Father you picked up a copy of this document from the neighborhood. I would like to caution the situation that what we are doing is we're approving something that is obviously not increasing the number of Item #28 Reverend Joseph Facura, St. Matthew's Church Page 17 students. In my thought that is the basis of most of the factor. The church traffic it certainly sounds like it is about the same as what it was. So, I just ask very strongly with our approval of this that you go to the neighborhood and sit down again and do as you done with the BMP and work with this traffic issue and let our staff at the City to try and find ways to better accommodate the peak hours, which are definitely a problem. The other things that are on your list are things that I would hope that you all will be able to sit down and work through and to the best of both group's abilities that will come to some compromises and some good decisions. So with that I'd move for approval. Dorothy Wood: A motion by Mr. Miller and seconded by Mr. Crabtree for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the application of Reverend Joseph Facura, St. Matthew's Church has been approved by the Board. Dorothy Wood: Thank you all for coming. We appreciate it. lap No QSA 5,Sa CUP - Group h //' r # I DATE IREQUEST I ACTION 1 06/08/81 REZONING From R-5 Residential to 0-1 Office Withdrawn 2 04/25/83 REZONING From R-5 Residential to 0-1 Office Granted 3 01/09/84 CONDITIONAL USE PERMIT (Day Care) Granted 4 04/08/85 REZONING From R-5 Residential to 0-1 Office Denied 5 02/25/85 CONDITIONAL USE PERMIT (retirement center) Withdrawn CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Dr. Robert D. Voogt — Conditional Use Permit (facility for the disabled) MEETING DATE: November 9, 2004 ■ Background: An Ordinance upon Application of Dr. Robert D. Voogt for a Conditional Use Permit for a facility for the disabled on property located on the south side of Old Donation Parkway, approximately 130 feet west of First General Parkway (GPIN 24084334511853 — portion of). DISTRICT 5 — LYNNHAVEN ■ Considerations: The applicant is proposing a rehabilitation center to serve patients with neurological disabilities. The rehabilitation center will accommodate 10 to 12 patients at a time. The number of permanent staff is 15. The rehabilitation center will provide quality rehabilitation intervention in an upscale style and homelike atmosphere. Patients will benefit from access to other medical facilities in the area. The rehabilitation center will operate 24 hours a day, 365 days a year. The site is currently zoned 0-2 Office District and could be developed with additional office buildings by -right in the same location that the new facility is shown. The applicant is proposing a 12,575 square foot building to be constructed in the southeast corner of the site. Ten new parking spaces will also be added directly in front of the new building. Additional parking is available to the rehabilitation center through agreement with the office building located on the same lot. The existing number of parking spaces on the site exceeds the number of spaces required by the zoning ordinance for both uses. The applicant has submitted building elevations for the new facility. The project has been designed with a residential character and incorporates porches with columns and gabled roof features. The primary building material for the structure will be brick. The rehabilitation facility is in keeping with the Comprehensive Plan, which emphasizes medical support uses in this area. The Navy has indicated that under the new AICUZ Instruction, it is acceptable to locate this type of facility, considered as a use similar to a hospital, within a high noise zone. There was opposition to the request. Dr. Robert D. Voogt Page 2 of 3 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The site will be developed in substantial conformance with the site plan entitled "Conceptual Site Plan Voogt Rehabilitation Center" prepared by WP Large. This plan has been exhibited to City Council and is on file in the Department of Planning. 2. The building will be constructed in substantial conformance with the elevation entitled "Voogt Rehabilitation Center" prepared by Cox, Kliewer and Company, P.C. and dated September 24, 2004. This plan has been exhibited to City Council and is on file in the Department of Planning. 3. The building will be classified as Use Group 1-2 for building permit purposes. The facility will be fully sprinklered, as required for all Institutional (Group 1) uses. 4. A lighting plan showing all new external lighting fixtures proposed shall be submitted for review with the detailed site plan. 5. All existing mature trees located outside of the construction footprint shall remain on the site. All trees to remain shall be protected during construction. 6. A copy of the reciprocal parking agreement with the office building must be provided during detailed site plan review. 7. The two dumpster pad areas shown on the south side of the new facility must be relocated to the north side or some other acceptable location to be determined during site plan review. 8. Should the height of the building be 46 feet as shown on the submitted plans, a Board of Zoning Appeals variance shall be obtained to allow the 46-foot height. If the variance is not granted by the Board of Zoning Appeals, the height of the building shall be reduced to 35 feet in height consistent with the City Zoning Ordinance. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Dr. Robert D. Voogt Page 3 of 3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department V"f` City Manager: S�— I N WI&L '°`�}V DR. ROBERT D. VOOGT 10 4_ Agenda Item # 29 �`' • "`�`� October 13, 2004 Public Hearing Staff Planner: Barbara J. Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Conditional Use Permit for a facility for the disabled LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: EXISTING Property located on the south side of Old Donation Parkway, 130 feet west of First Colonial Road 24084334511853 5-LYNNHAVEN 2.9 acres Two story medical office building and associated parking DR. ROBERT D. VOOGT Agenda Item # 29 Page 1 LAND USE: SURROUNDING LAND USE AND ZONING: North: • Outpatient rehabilitation center / 0-2 Office District South: • Single -Family homes / R-10 Residential District East: • Single -Family homes / R-10 Residential District West: • Office building / 0-2 Office District NATURAL There are some scattered mature pine trees in the area where the RESOURCE new facility will be located and some of the trees will need to be AND removed with this proposal. There is some existing woody vegetation CULTURAL along the fence lines adjacent to the residential neighborhood that FEATURES: will remain. The remainder of the site is developed with an office building and associated parking. AICUZ: The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. The United States Navy is not opposed to this request. APPLICATION HISTORY: This application was deferred from the September Planning Commission agenda so that the applicant could meet with the surrounding residents and address the questions and concerns of the community. The applicant has met with community members as a group as well as individually. The applicant has submitted a revised site plan and architectural elevations in response to the community meetings held. Summary Of ProposalN The applicant is proposing a rehabilitation center to serve patients with neurological disabilities. The rehabilitation center will accommodate 10 to 12 patients at a time. The number of permanent staff is 15. The rehabilitation center will provide quality rehabilitation intervention in an upscale style and homelike atmosphere. Patients will benefit from access to other medical facilities in the area. The rehabilitation center will operate 24 hours a day, 365 days a year. The applicant is proposing a 12,575 square foot building to be constructed in the southeast corner of the site. Ten new parking spaces will also be added directly in front of the new building. Additional parking is available to the rehabilitation center through DR. ROBERT D. VOOGT Agenda Item # 29 Page 2 agreement with the office building located on the same lot. The existing number of parking spaces on the site exceeds the number of spaces required by the zoning ordinance for both uses. The applicant has submitted building elevations for the new facility. The project has been designed with a residential character and incorporates porches with columns and gabled roof features. The primary building material for the structure will be brick. a. ... .... .J 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. • Conformance with AICUZ guidelines and Comprehensive Plan • Compatibility with adjacent uses Comprehensive Plan The Comprehensive Plan designates this area of the city as a Primary Residential Area. The site is located just outside the border of the First Colonial Road Medical Corridor Area. The Medical Corridor Area includes doctor's offices that provide a wide range of specialized medical care, numerous rehabilitation centers and centers for independent, assisted and nursing care for older adults. The area also includes a mix of non -medical uses such as banks, general offices, places of worship and other neighborhood based services. Single and multifamily neighborhoods are located adjacent to and behind many of these uses. Because this area provides well -established and vital medical services to the community, priority should be given to infill or redevelopment proposals that complement these health care activities. Staff Evaluation DR. ROBERT D. VOOGT Agenda Item # 29 Page 3 Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the `Major Issues' are as follows: (1) The rehabilitation facility is in keeping with the Comprehensive Plan, which emphasizes medical support uses in this area. The Navy has indicated that under the new AICUZ Instruction, it is acceptable to locate this type of facility, considered as a use similar to a hospital, within a high noise zone. (2) The site is currently zoned 0-2 Office District and could be developed with additional office buildings by -right in the same location that the new facility is shown. The new facility has been designed with a residential character. Ample parking is available. Although the use will operate on a 24-hour basis, activity at night will be light. The staff is recommending the conditions listed below be attached to this application to ensure the project will not have a negative impact on the neighborhood. With these conditions, the facility is considered compatible with the adjacent single-family neighborhood. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. The site will be developed in substantial conformance with the site plan entitled "Conceptual Site Plan Voogt Rehabilitation Center' prepared by WP Large. This plan has been exhibited to City Council and is on file in the Department of Planning. 2. The building will be constructed in substantial conformance with the elevation entitled 'Voogt Rehabilitation Center' prepared by Cox, Kliewer and Company, P.C. and dated September 24, 2004. This plan has been exhibited to City Council and is on file in the Department of Planning. 3. The building will be classified as Use Group 1-2 for building permit purposes. The facility will be fully sprinklered, as required for all Institutional (Group 1) uses. 4. A lighting plan showing all new external lighting fixtures proposed shall be submitted for review with the detailed site plan. 5. All existing mature trees located outside of the construction footprint shall remain on the site. All trees to remain shall be protected during construction. DR. ROBERT D. VOOGT Agenda Item # 29 Page 4 6. A copy of the reciprocal parking agreement with the office building must be provided during detailed site plan review. 7. The two dumpster pad areas shown on the south side of the new facility must be relocated to the north side or some other acceptable location to be determined during site plan review. 8. Should the height of the building be 46 feet as shown on the submitted plans, a Board of Zoning Appeals variance shall be obtained to allow the 46-foot height. If the variance is not granted by the Board of Zoning Appeals, the height of the building shall be reduced to 35 feet in height consistent with the City Zoning Ordinance. 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. DR. ROBERT D. VOOGT Agenda Item # 29 Page 5 O5, M9 UT-7��T.F IBM FIRE M Supplemental Information Zoning History Dr. Robert Voo t ao: 0 dbl # I DATE IREQUEST ACTION 1 06/08/81 REZONING From R-5 Residential to 0-1 Office Withdrawn 2 04/25/83 REZONING From R-5 Residential to 0-1 Office Granted 3 01/09/84 CONDITIONAL USE PERMIT (Day Care) Granted 4 04/08/85 REZONING From R-5 Residential to 0-1 Office Denied 5 02/25/85 CONDITIONAL USE PERMIT (retirement center) Withdrawn DR. ROBERT D. VOOGT Agenda Item # 29 Page 6 Public Agency Comments Public Works Master Transportation Plan (MTP): Old Donation Parkway is classified as a four lane divided collector street. There is no expansion of this roadway planned. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Old Donation 6,648 13,100 - 0 Parkway ADT' ADT' Proposed Land Use 3.98 r1VCIClyc L/CIIIy 111pa 2 as defined by vacant 3as defined by rehabilitation center Public Utilities Water: There are 8 inch and 12 inch City water mains in Old Donation Parkway fronting this site. Sewer: There is an 8 inch gravity sanitary sewer in Country Mill Road. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Detailed review of the plans will be conducted prior to issuing a building permit. DR. ROBERT D. VOOGT Agenda Item # 29 Page 7 Exhibits Exhibit A Aerial of Site Location DR. ROBERT D. VOOGT Agenda Item # 29 Page 8 tllfs Exhibit B Proposed Site Plan DR. ROBERT D. VOOGT Agenda Item # 29 Page 9 `' :g " =s F V , t) L% C P 1 C L• J L^v �_ L7 fi yt C � g op C C 1 3i C`i � �y, Rj L w ti CU .,onC W m � �c r5pf Z w W 'd yw L1. cn 0 to r Exhibit D - 1 Disclosure Statement DR. ROBERT D. VOOGT Agenda Item # 29 Page 13 Exhibit D - 2 Disclosure Statement Attachment •- B Monarch Properties, Inc. — Contractor: Mr. Matt Marshall 2125 McComas Way Virginia Beach, VA 23456 Voice: 427-1020 Fax: 427-5919 WPL — Planning, Surveying, Engineering, Landscape Architecture, Agent: Mr. Lance Large 242 Mustang Trail, Suite 8 Virginia Beach, VA 23452 Voice: 431-1041 Fax: 463-1412 lance@wpisite.com Cox, Kliewer & Company, PC — Architects: Mr. Grey Mason Riversedge South Building 2533 Virginia Beach Boulevard Virginia Beach, Virginia 23452 Voice: 431-0033 Fax: 463-0380 greym@coxkliewer.com Rose & Womble Realty Brenda Rawls 4104 Holly Rd. Virginia Beach, VA 23451 Voice:428-3498 Fax: 428-6623 realtor@infi.net DR. ROBERT D. VOOGT Agenda Item # 29 Page -14 757.286.2021 www.jacque.bi; William E. Wood Now nCALTORS 1321 Laskin Road Virginia Beach, VA 23451 800.888.3516 jacgLje Dulican ,OR& Associate Broker October 11, 2004 Planning Council City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Re: Variance for 1853 Old Donation Parkway J05-214-CUP-2004 Dear Planning Council Members, The purpose of this letter is to request a thirty (3 0) day deferral for the above referenced variance request. While the adjoining land owners (homeowners) and the prospective new owner of the commercial property in question have been involved in ongoing conversations regarding building placement, landscaping issues, etc., I feel that there are still too many unanswered questions with this project, not the least is why the City of Virginia Beach would allow a 46+/- foot commercial building be constructed adjacent to R10 single family residences in Great Neck. I ask you to please take my request into consideration at your October 13, 2004 meeting. Regards, Jacque Duncan 2020 Regatta Circle Virginia Beach, VA 23454 rage i or 2 Barbara Duke - Fw: Dr. Voogt proposal From: "Dr. Mike Reddix" <uffdal @cox.net> To: <bduke@vbgov.com> Date: 10/13/2004 9:51 AM Subject: Fw: Dr. Voogt proposal ----- Original Message ----- From: Dr. Mike Reddix To: bduke@vb.aov Cc: Will, Nancy; Whit..., Kirk ; rdv@rvarehab.com ; Jacque Duncan Sent: Tuesday, October 12, 2004 11:23 PM Subject: Dr. Voogt proposal Ms. Duke, My home borders the proposed Voogt project (J05-215-CUP-2004 : App. of Dr. R.D. Voogt for a CUP, S. side of Old Donation Prkwy). I will not be able to attend tomorrow's (13 OCT) Public hearing. I would, however, like to pass on several remarks regarding Dr. Voogt's Conditional Use Permit request. 1. 1 would like to thank Dr. Voogt, and those representing his interests, for meeting (x4) with neighbors and providing answers to our many questions regarding the impact of the proposed project on our property and privacy. Dr. Voogt has been willing to make a number of compromises (some of them very costly) with respect to building placement, building features, service entrance locations, and barrier landscaping in a sincere attempt to address neighborhood concerns. 2. My understanding is that the changes listed below are acceptable to Dr. Voogt (as represented by his attorney Mr. Nutter). If these changes are represented as fact at the planning commission meeting, I have no objection to the proposed project. • Extensive barrier landscaping (presented by Mr. Billy Almond on 12 OCT) that includes: o Screen planting comprised of the largest sized available plant material available for the purpose intended o Screen planting that will be installed directly after site demolition o Additional shade tree planting that will be installed directly south of the new structure • Removal of 3rd story windows (South side elevation). • Deed language that restricts the type of use conducted at the facility(e.g., no substance abuse -type rehabilitation). The goal here is to address use by future owners of the facility. Mr. Nutter can represent the language discussed in our last neighborhood meeting (12 OCT). 3. It would be helpful to clarify the issue of barrier fencing. 4. Finally, one question for the Planning Commission. Will granting a facility height variance for the proposed Dr. Voogt property set a precedence for construction of additional facilities exceeding 35 feet, on the same parcel of land? Thank you for passing on these remarks to the Planning Commission. Respectfully, Dr. Michael D. Reddix 2032 Regatta Circle file: //C:\Documents%20and%20Settings\bduke\Local%20Settings\Temp\GW 100008.HTM 10/13/2004 Item #29 Dr. Robert D. Voogt Conditional Use Permit South side of Old Donation Parkway District 5 Lynnhaven October 13, 2004 REGULAR Joseph Strange: The next application is Item #29 Dr. Robert D. Voogt. An Ordinance upon Application of Dr. Robert D. Voogt for a Conditional Use Permit for a facility for the disabled on property located on the south side of Old Donation Parkway, approximately 130 feet west of First Colonial Road, District 5, Lynnhaven. R.J. Nutter: Thank you very much Mr. Strange. The good news is that we are the last one on your agenda. I know you had a long afternoon. First for the record, my name is R.J. Nutter. I'm an attorney. I have the pleasure of representing Dr. Voogt in his Conditional Use Permit application. Let me begin, first by thanking the members of the Commission for granting Dr. Voogt an extension, a deferral of last month's hearing. There was at that time there had not been a meeting with the residents in the area. There was a lot of concern and a lot of questions. That deferral allowed, quite frankly, Dr. Voogt, myself, and others to have time to really meet with representatives of the neighborhood. I was engaged at that time. I think what's happened has been very, very positive. I'm happy to bring to you a lot of changes. But before I do, you really never heard what this application is about and I would just like to begin with that because I just don't want to just make this as simple as telling you the changes that we made and then getting on with it. Frankly, this is an application that I'm proud of, first of all. I think you as citizens of the City and members of the Planning Commission will be very proud of. I say that because it's in an area where we have a lot of concentration of medical offices, medical facilities, and rehabilitation facilities. A mural for these type of activities. All occur in and around Virginia Beach General Hospital. So, in one sense it's not unique. What is unique however, is really the caliber and I know some of you may know Dr. Voogt and his reputation. It's difficult for me to try to put into small words, what his international reputation really is but it is significant benefit to the residents of the City and of South Hampton Roads. He comes to this area from New Orleans. He is probably one of the leading specialists in the United States, and throughout the world on brain injury and neurological disorders. He lectures throughout the United States and the world. He is on the Board of the Commonwealth of Virginia's Medical Assistant Services Board. He is on the Board of the World Federation of Rehabilitation. He is actually Chairman of the International Brain Injury Association. He's Executive Director of the World Health Organization Neurological Trauma Publications. He has, and in just since 1995, sponsored or co -sponsored eight different symposiums, four in the United States and four in Europe. He has lectured and presented papers in Italy, Sweden, Australia, Hong Kong, Cuba, England, the Chec Republic, the Soviet Union, and Spain, not to mention throughout the United States. He has been granted an audience to the Item #29 Dr. Robert D. Voogt Page 2 Pope because of his work with neurological disorders. He is the recipient and only three recipients of the Brain Injury Association's International Award. The other two recipients of that were Chris Reeves and James Brady, to give you an example of the caliber that we're dealing with in this application. So he has, fortunately, met a girl who is from Virginia Beach and decided to relocate to Virginia Beach from New Orleans. That means that we will share the benefit of his practice and his services and I wanted to share that with you because the members of the neighborhood also found it to be quite impressive and felt very comfortable with him and his reputation and the services he plans to bring to this area. So first, that is who he is and the type of caliber of individual that we're dealing with. What he is proposing to do at this location and he is seeking a Conditional Use Permit to do a neurological disorder and brain injury center. This involves therapy and rehabilitation of patients. There will be approximately 12. There are 12 patient rooms in this facility. In addition to that his office will be in this building. I can tell you that there will be no emergency care. This is not an emergency drop off situation. This is all prearranged through doctors before you come here. It's not like you're going to see ambulances coming to this facility. There are families who will be visiting and staying with and helping in this process with their family members that don't stay at this facility. T hey will be staying at area hotels and with relatives or friends. There will be no residential stay beyond the patients. There is no alcohol or substance abuse treatment occurring here. That was very important to the residents in the area. I, caveat that statement only because these people will be on various degrees of medication prescribed by doctors and we'll work with that. People brought here are not brought here because of substance abuse meaning alcohol or drug. There will be none in this process. But I wanted to tell and now that you know a little bit of what this is and who is doing it you can see how important it is and how significant such a facility be located in Virginia Beach. No such facility exists like this today. This is really on the upper end of that scale. The services being offered at this facility will be world class. It is very important that it not be an institutional setting for these people. I would just give you an average of a nightly stay here for patients and long term stay is going to be somewhere in the neighborhood of $500.00 per night. This is not for the squeamish, if you will. This is a world -class facility with only the best care available to the people who can attend this facility. That's something about. Let me try to tell you also some of the things that I think are distinguished from this from other cases that you've heard today on the agenda because we are not seeking a rezoning like other cases. This property is zoned 0-2. It's been zoned 0-2 since 1988. We're not seeking to change the zoning of the property. Secondly, we have no access through the neighborhood into this property. The people who access this property from Old Donation Parkway do not come through the residential area. It is equally important that the residents of the area do not go through this site so there is no mixture of residential traffic with traffic into the site. The site already houses two other office facilities, largely medical office facilities. One is Health South and the others are doctor's offices. This facility really, in my mind, is going to be in keeping with the residential character and even those buildings and even though I think there is a strong argument that can be made on the design of buildings that are there now is really not intrusive to residential. It seems to blend fairly well. This building, and I'll show you the elevations on this one, is highly conducive to residential. It's almost an entirely Item #29 Dr. Robert D. Voogt Page 3 residential design. It is all brick. It's taken great pains to work with the neighbors with a lot of things and I'll go over with you in a second on the changes that we've made to the elevations. It did not involve any change in the quality of materials or things like that but I do want to go over what we have changed on this portion of the site. First of all, when the application was originally submitted to you the building itself was not located here. It was cocked on its side back here so it actually affected more property owners when it was done in that fashion. It was reoriented so that it lines up and it only has a direct impact on the properties here and right here. Of course, the other homes along this area, where the rest of the office park impacts as well, but we reduced the direct impact by just reorienting the building on the site. The second feature that was very important to everyone and I'll use the site plan to depict this, the previous application, the kitchen area was up in this area which meant that the dumpster and the loading area was up here adjacent to residential. Dr. Voogt's offices were down on this side of the building. They agreed, and after working with the neighborhood to flip the internal portion of the building. The external stays the same but they flipped the internal portion of the building so his offices will now be in this portion. Ed Weeden: R.J.? R.J. Nutter: You can't pick me up? I'll tell you what I'll do. I'll stand here. We flipped the kitchen areas in this portion, which did two things. First of all, the loading space went from up here to down here, away from the residential area. Second it did, we had a dumpster was up here and we relocated that to this portion. Another feature of this is the existing dumpster pad were here and we're trying to relocate that also further away from the residential areas down in conjunction with our dumpster. Ed Weeden: R.J., I hate to tell you but you have about 30 seconds left. R.J. Nutter: I may have to ask for some extension but in nonetheless. I appreciate your warning. So we flipped the orientation of the building. We flipped the interior of the building. A big portion was having to deal with the windows on the building. We had on the previous building, and I'll try to be brief, this portion of the building and this portion of the building. Dorothy Wood: Would you answer questions R.J.? Maybe you can get the rest of your presentation. R.J. Nutter: I'll be happy to. Dorothy Wood: Thank you. R.J. Nutter: Would you like me to explain the rest of the changes? Dorothy Wood: If you like to explain you'll have two more minutes. Item #29 Dr. Robert D. Voogt Page 4 R.J. Nutter: Thank you very much. I appreciate it. The other changes were made had to do with the windows. We previously had windows on the third floor of the structure located right here, which was adjacent to residential and here we did not have any but this was a higher roof. Ed Weeden: R.J., please stay closer to the mic. R.J. Nutter: We're getting tough isn't it? So, we agreed to reduce the height of the building by bringing it down about three feet. We were able to eliminate the windows on this portion of the building so that today there are no windows. The only third floor windows that are on this structure on the front portion right here that faces the rest of the office area in this fashion. So we eliminated the windows on that side. So that I'm not misleading you... Dorothy Wood: R.J., we can't hear you unless you're right there. You can use the pointer. R.J. Nutter: Okay. On this portion, right in here, there are some small windows in here that face in this direction, they are third floor windows however, from this same advantage point here, they are completely hidden behind this roof feature. So we designed it to allow light in the third floor area without impacting any of the residential areas. That was a very significant change made through the process. Now those were the changes made to the building and the site plan. The biggest change that I think had some of the biggest effects as well because the neighbors were concerned with the height of the structure and in this case it is 46 feet. It was 49 feet and we were to bring it down with some internal changes without affecting the functionality of the building. It had to do with that size even though, as you know, this property is zoned 0-2 and the height in the 0-2 district is actually 75 feet. So it is actually lower than what would be allowed by right if someone else built the building. So what we did is to help offset that we came up and Billy Almond came up and actually on two different occasions, to go to the landscape plan. The significant portions of this are contained in your revised conditions that staff has given you. The good news is that what I`m telling you is contained in the conditions. They are this. We substantially increased the amount of landscaping. R.J. Nutter: Time's about up. We substantially increased the amount of landscaping around the perimeter. We also agreed that we use the largest plant material available from local nurseries to use. We wouldn't put in two -foot plants. We would put the largest categories of plant material. The third thing that we agreed to do is that we would put the entire perimeter landscaping, all this perimeter and I'll talk about these trees in a second, all perimeter landscaping be put in. Dorothy Wood: You're time is over. We gave you an extension and I appreciate it. Item #29 Dr. Robert D. Voogt Page 5 R.J. Nutter: I understand. That is alright. If you have any questions, I'd be happy? I would like to pass this out which is one of the letters in support of the application from one of the residents. Dorothy Wood: Do you have any other speakers in support R.J.? R.J. Nutter: No. We tried to limit but I do have Dr. Voogt here as well as Mr. Lance Large of W.P. Large. Dorothy Wood: Thank you. Kathy. R.J. Nutter: Any questions? Yes ma'am. Kathy Katsias: Dr. Voogt has had other facilities throughout the country similar to this? R.J. Nutter: Yes ma'am. Kathy Katsias: And where were they? R.J. Nutter: The last was in New Orleans, if I'm not mistaken. Kathy Katsias: Similar size? Similar layout? R.J. Nutter: I'm not so sure about that. Dr. Voogt would you share. Dr. Voogt: Good afternoon. Dorothy Wood: Welcome doctor. We're happy to have you with us. Dr. Voogt: Thank you. Dorothy Wood: Would you first give your name for the record? Dr. Voogt: My first name is Robert. The last name is Voogt. "V" as in Victor, O-O-G-T. I first developed these rehabilitation centers in New Orleans, LA in response to a national need for, which I called an upscale of a "Ritz Carlton of Rehabilitation". I renovated 100 year old homes in the mid city area of New Orleans into 26 different beds. Then I added a new facility in Covington, LA in 1995, which housed another 20 people. The one in Covington, LA was a new design, a new structure similar to what I did, although I had three buildings at that time, I'm limiting this to just twelve bedrooms. So, I have had them. In 1998, because I was and am married to a woman from Virginia Beach, I sold those facilities to a national corporation and moved here. I had a five-year non -compete agreement, which ended in May of this year. So, I'm ready to get back in the business. Dorothy Wood: We welcome you to Virginia Beach. Item #29 Dr. Robert D. Voogt Page 6 Dr. Voogt: Thank you. Dorothy Wood: Thank you for meeting with the neighbors. Dr. Voogt: Thank you. Any questions? Dorothy Wood: Are there any other questions? Thank you and thank you R.J. R.J. Nutter: My pleasure. Thank you very much. Joseph Strange: Speaking in opposition we have Nancy? Give us your last name please. Nancy Will: Nancy Will. Dorothy Wood: Thank you Ms. Will. Welcome. Nancy Will: It's my first opportunity to be before Council like this and I really appreciate all the time everyone has given to it. All the people that were today, you seem so just and fair with everything you dealt with and I thank you for protecting our community. Dorothy Wood: Thank you for coming and waiting all day. Nancy Will: A great education today. The non -representation here today in no way reflects the concerns of the neighborhood because of illness, work schedule, travel, work obligations our neighbors were not able to be present. So, I'm actually the spokesperson. We had six people lined up to speak and the last person number six went to the hospital this morning so it kind of defaulted to me. So, I'm not really a public speaker so I hope you'll just bear with me. Dorothy Wood: I'm sure you'll do just fine. Nancy Will: Thank you. I would like to thank Dr. Voogt and those representing his interest for meeting with the neighbors and providing a lot of the answers to the questions we had regarding the impact of the proposed project on our property and also his willingness to give us such an extensive and costly landscaping. Although we're not really opposed to it at this point of his structure going into the property, we do have some concerns about the height variance and we wondered if that's going to set a precedence for the adjacent properties there in that area. And also of course, our concern is loss of our privacy and our home values. I just wanted him to address those. A couple of questions also that we had wanted Mr. Nutter and I don't know if this is the proper place to introduce this but to put some language into the deed saying that this facility would only be used for this purpose that it's being built. Also, he's talked about the landscaping but also we were interested in a privacy fence, and I think those were my concerns that I wanted addressed today. Item #29 Dr. Robert D. Voogt Page 7 Dorothy Wood: Thank you so much for coming in. Nancy Will: Thank you. Dorothy Wood: Mr. Nutter, would you please answer her questions? R.J. Nutter: Sure. I'll be happy to. Dorothy Wood: There's no other opposition? R.J. Nutter: First, the condition that she's asked for that no substance abuse, I wanted to make sure with staff that I was okay on that restriction that is not contained in the listed that staff passed out to you. We have no objection to a condition that there would be no substance abuse treatment at this facility. The caveat is having trouble with staff was the fact that these people on medication so there would be under control drug situation but there not coming there for that purpose. So, I think Barbara felt comfortable of that situation so we have no objection to that condition. What we did on the height, there was some confusion earlier because it was perceived that there was a 100-foot limitation with 0-2 was in a 100-feet of a residential area, your height limit was 35-feet. That is not the case. That is why when staff did the original write up they talked about a variance from the Board of Zoning Appeals. In fact, no variance is necessary because the height limit in the 0-2 is 75 feet. I would fairly explain that to the neighborhood correctly. Our height is 46-feet. So, that is why I agreed to put a limit on the height so that it could be protected from this necessary situation so they wouldn't have to worry about someone else coming in and putting in a taller building if we weren't approved for whatever reason. So, we did that. With regard to the fencing, there was a lot of discussion on the fencing with the residents. I would tell you that we wanted to put an ornamental fence around the perimeter with lighter landscaping and they asked instead that we take away the ornamental fence, leave their fences. When I say that let me tell you that I'm sort of giving you a consensus view of the majority of the people who were at these meetings. So, they would prefer to have their existing fences, which were six feet and solid wood to remain and we would put extra landscaping in. So, that's what we presented to them last time. At that meeting, Ms. Will did raise the question "what about the eight foot fence" and I told her that this was really a much better answer than an eight foot high wooden fence, which is only two foot higher than fences that were there. So, I know that some of the others agreed and then everyone dispersed and it was hard to know what happens and that is kind of the situation. I can tell you that what we are proposing instead is about 75- 100 thousand dollars worth of landscaping done in a way that I've never seen done before. We're actually putting it all in prior to the time we start construction, the building permit. Ed Weeden: R.J., I hate to tell this again. Dorothy Wood: Would you answer questions from the Commission members? Item #29 Dr. Robert D. Voogt Page 8 R.J. Nutter: Yes. Dorothy Wood: Ms. Katsias. Kathy Katsias: How many property owners that back up to this property have fencing? R.J. Nutter: Yes ma'am. Kathy Katsias: They all have fencing? R.J. Nutter: They all have fencing. One fence was blown down by one of the owners. It's not adjacent to where we are. I believe Ms. Jackie Duncan's property is right here. Her fence has since down. Our area is up in here. Hers right now is the only property whose fence has not been put back up. Kathy Katsias: I don't understand this Ms. Will. You want additional fencing? Nancy Will: No. When we originally talked about it, we have a six-foot fence. He said, I will do an eight -foot fence and then he came back with the eight foot fence that was going to be just ornamental, which give us no privacy at all. Even when the shrubs were growing in, I mean the shrubs are going to be great but it's going to take two or three years so we were thinking that if we just had a couple of more feet higher with our shrubs we would have a little more privacy until the shrubs get full. R.J. Nutter: I think our view was that we were adding the landscaping and use it higher and earlier rather than put a two foot higher fence running the full length. I do know the property owners along this side were okay without the extra height. So, I'm just trying to say that I think we are trying to substitute one versus the other. But I think it would be a far better screen. Kathy Katsias: The height of the adjacent building, how tall is that building? R.J. Nutter: We were trying to find out. We do not know. I would say, my guess, between 30-40 feet but I do not know. I apologize. Kathy Katsias: So, this structure is smaller. R.J. Nutter: We are taller than that building. Yes ma'am. I just don't know the exact height. Dorothy Wood: Are there any other questions? Thank you. R.J. Nutter: Thank you. Eugene Crabtree: I'd make a motion that we approved the application as submitted. Item #29 Dr. Robert D. Voogt Page 9 Ronald Ripley: I second it. Barry Knight: I would like just to make a comment maybe deleting some of Mrs. Will's fears. I've known Dr. Voogt since he's come into the neighborhood, in Virginia Beach that is. I know his reputation. I actually know him personally. When he tells you he's going to do something he's going to do it. I think he'll be a good neighbor and this facility will certainly be better, in my opinion then what could be built here by right. Dorothy Wood: Thank you sir. A motion Mr. Crabtree and second by Mr. Ripley. AYE 11 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the application of Dr. Robert Voogt has been approved by the Board. Dorothy Wood: Thank you. The meeting is adjourned. Map -Map N,3t to Scale Chris Seward 1 1 u i � 1 ♦,1 Zoning Change from AG-2 to R-? 5 There is no zoning history. CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: Chris Seward — Change of Zoning District Classification MEETING DATE: November 9, 2004 ■ Background: An Ordinance upon Application of Chris Seward for a Change of Zoning District Zoning District Classification from AG-2 Agricultural District to R-15 Residential District on property located at 304 Porters Island Road (GPIN 24325904200000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant desires to rezone this site, zoned AG-2 Agriculture, to R-15 Residential District, consistent with all surrounding properties, in order to construct a single-family dwelling in a manner consistent with adjacent residential sites. While a dwelling could be constructed under the agricultural zoning, the setbacks are much greater in the agricultural district than the residential district and setback variances from the Board of Zoning Appeals (BZA) would likely be required. Staff agrees with the applicant that it is more sensible to change the zoning on the site rather than keep the Agriculture zoning and pursue BZA variances. The proposal to rezone the site from AG-2 Agricultural District to R-15 Residential is not only in keeping with the Comprehensive Plan but also with the surrounding existing zoning and uses. It is not feasible that this property, due to its size and location, would become an agriculturally viable piece of farmland, nor would any agricultural operation be compatible with the existing residential neighborhood. The Planning Commission placed this item on the consent agenda because the site has no agricultural value, the proposal is in keeping with the character of the neighborhood, there was no objection, and Staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request. Chris Seward Page 2of2 ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmenVAgency: Planning Department City Manager: <z r r '-2�8 OV"L CHRIS SEWARD y�. Agenda Item # 12 .r tk October 13, 2004 Public Hearing Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE Change of Zoning District Classification from AG-2 Agricultural District to R-15 Residential District. Property located 304 Porters Island Road 24325904200000 7 - PRINCESS ANNE 15,600 square feet *Jot :�.. k IM o ✓/ niq I O '� l3 CHRIS SEWARD Agenda Item # 12 Page 1 EXISTING LAND USE: This is a vacant parcel. SURROUNDING • Marsh, single-family dwellings / R-15 Residential LAND USE AND North: District ZONING: . Porters Island Road South: • Single-family dwellings / R-15 Residential District East: • Single-family dwellings / R-15 Residential District West: • Back Bay (North Bay) NATURAL RESOURCE This site is located in the Floodplain Subject To Special Restrictions AND and may have jurisdictional wetlands present. A Joint Permit CULTURAL Application will likely be required, as is common throughout the FEATURES: Sandbridge area, prior to commencement of development. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. r Summary of Proposaf The applicant desires to rezone this AG-2 site to R-15 Residential District, consistent with all surrounding properties, in order to construct a single-family dwelling in a manner consistent with adjacent residential sites. While a home could be constructed under the agricultural zoning, the setbacks are much greater in the agricultural district than the residential district and setback variances from the Board of Zoning Appeals (BZA) would likely be required. Staff agrees with the applicant that it is more sensible to change the zoning on the site rather than keep the Agriculture zoning and pursue BZA variances. CHRIS SEWARD 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 and consistency with the Comprehensive Plan. . _ __ _ Comprehensive Flan =` The Comprehensive Plan recognizes this site to be within the Primary Residential Area, Site 10, Sandbridge Community, which is classified as a low -density neighborhood. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Proposed development within this area should also serve to minimize impacts to the natural environment and the adjacent wetlands fronting the Back Bay's Southern Watershed when considering type, size, and relationship of land -use and in reviewing overall site design. The environmental planning principles outlined in Chapter 3 of the Comprehensive Plan advise newly developed and redeveloped lands to preserve the quality of our natural environment by adhering to established environmental planning principles. "These include, among others, the clustering of lots, where appropriate to increase areas of preserved natural resources, maintaining natural buffers adjacent to shorelines, minimizing impervious cover of features as buildings, roads, parking areas, and utilizing drought tolerant plant material." Staff recommends approval of this request. Staff Evaluation CHRIS SEWARD Agenda Item # 12 Page 3 Staffs evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses the `Major Issue' identified above. The proposal to rezone the site from AG-2 Agricultural District to R-15 Residential is not only in keeping with the Comprehensive Plan but also with the surrounding existing zoning and uses. It is not feasible that this property, due to its size and location, would become an agriculturally viable piece of farmland, nor would any agricultural operation be compatible with the existing residential neighborhood. Staff, therefore, recommends approval of this request. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable Citv Codes. CH:RIS SEWARD Agenda Item # 12 Page 4 Supplemental Information Zoning History There is no Zoning History to report in the vicinity of this site. Public Agency Comments Public Utilities Water: There is a four (4) inch water line in Porters Island Road. This site must connect to City water. Sewer: There is as four (4) inch City vacuum sanitary sewer line in Porters Island Road. This site must connect to City san.itary sewer. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Ade uate — no additional comments. CH:RIS SEWARD Agenda Item # 12 Page 5 Exhibits Exhibit A Aerial of Site Location CHRIS SEWARD Agenda Item # 12 Page 6 Exhibit B Proposed Site Plar TOP 4F BAW 1r T'zos7 HEADWALL . WATER LfNE o � N 79' 25'4t3�•E �_ - - b 16 0 0, Gf�p. ti EASEMENT Nt - f+ SEViER STUB OUT iv 3E go I *i 9fgp.` 0 1,i 6.0 ,+ o: LOWER THO SIX (6) INCEES MOW TIE SURFACE OF 'tom 0 2'`o1ry p - ♦ GROUND A.+FTER �'Ii1�,;, GRADE Q0'i'..'S q a PLUMB % "0 ms Ow 5� DRARNA6E S6*ytFlow €. UrILMIES EASJJENT IRD. Gi�iD. e += S 9• 25' IL atrcr4 Scadpiper Roe, -DROP It-ILET -- b=.7�, 01 s• WITH 3_ ,RCP MV UP E ► �\ 1 bfY. illy$ CHRIS SEWARD Agenda Item # 12 Page 7 z Fii 4 J U w A N Exhibit C Disclosure Statement ME �- CHRIS SEWARD Agenda Item # 12 Page 8 Item # 12 Chris Seward Change of Zoning District Classification from AG-2 Agricultural District to R-15 Residential District 304 Porters Island Road District 7 Princess Anne October 13, 2004 CONSENT William Din: My next item is Item #12. This is Chris Seward. This is a Change of Zoning District Classification from AG-2 Agricultural District to R-15 Residential District. This is on property located on 304 Porters Island Road in the Princess Anne District. Chris Seward: Good afternoon. I'm Chris Seward and I'm with Virginia Construction Services and we just want to change it back to R-15 from AG-2 so we can build the proper size house on the lot. William Din: Thank you. There are no conditions associated with your item. Is there any opposition to placing this on consent agenda? If not, again, Mr. Barry Knight will address this item. Barry Knight: This is in the Sandbridge section of Princess Anne District of Virginia Beach. It is zoned agriculture and Mr. Horsley and I will attest to it that it has no agricultural value and is in keeping with the character of the neighborhood. It would certainly warrant this rezoning so that the house will be sited on the property in a more favorable manor to the neighborhood so; therefore; we put it on the consent agenda. William Din: Thank you Mr. Knight. Madame Chair, I would like to make a motion to approve the following consent agenda item, Item #12 Chris Seward for a Change in Zoning District Classification for AG-2 Agricultural District to R-15 Residential District in the Princess Anne District. Dorothy Wood: Thank you. Do I hear a second? A motion by Will and seconded by Ms. Katsias. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE Item # 12 Chris Seward Page 2 MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, this consent agenda item has been approved by the Board. Zoning History ZONING CHANCE fron R-51? to Conditional A-12 # I DATE IREQUEST I ACTION 1 02/25/03 Conditional Use Permit (motor vehicle sales) Granted 2 03/14/00 Conditional Use Permit (fuel sales) Granted 12/13/82 Conditional Use Permit Granted 3 06/11/91 Change of Zoning (B-2 Community Business Granted District to A-24 Apartment District) 4 08/21/90 Conditional Use Permit (billiards) Denied 5 02/23/87 Subdivision Variance Denied 6 01/13/86 Change of Zoning (R-8 Residential District to A-3 Granted Apartment District) 7 12/17/84 Change of Zoning (B-2 Community Business Granted District to A-3 Apartment District) 8 02/27/84 Change of Zoning (R-8 Residential District to A-2 Granted Apartment District reS�Nw^ Z y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Hollis Road Associates, L.L.C. — Change of Zoning District Classification MEETING DATE: November 9, 2004 ■ Background: An Ordinance upon Application of Hollis Road Associates, L.L.C. for a Change of Zoning District Classification from R-5R Residential Resort District to Conditional A-24 Apartment District on property located at 4708 and 4712 Hollis Road (GPINS 14794777800000; 14794786760000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 4 — BAYSIDE ■ Considerations: The applicant is proposing to rezone two (2) lots, totaling 0.78 acres, from R-5R Residential District to Conditional A-24 Apartment District for the purpose of constructing 15 townhomes similar to the townhomes on the adjoining lot to the east. Access will be provided through the adjacent lot. That parcel was rezoned from R-8 Residential District to A-3 Apartment District by the City Council in 1986. The two existing single-family dwellings on the subject site are surrounded by higher density residential development: apartments to the north and west and townhouses to the east. Based on the surrounding higher density land uses, this request for a rezoning on this small parcel "sandwiched" among more densely zoned parcel is reasonable and not unexpected. The parcel to the south, across Hollis Road, is zoned B-2 Community Business District and is currently occupied by a motor vehicle sales operation. Staff views this request as providing a good transition from the busy retail properties along Shore Drive to the residential parcels to the north. The request is consistent with the recommendations of the Comprehensive Plan, as this property is located within the Primary Residential Area. According to the Plan, development in this area should occur in a manner consistent with the "... established type, size, and relationship of land use, both residential and non- residential, in and around these neighborhoods..." and that this "...should serve as a guide when considering future development proposals" (page 90). The Plan specifically states that infill development should "...complement and reinforce the predominant physical character of the surrounding area..." in terms of density, Hollis Road Associates, L.L.C. Page 2 of 2 material, height, setback, yard area (page 91). In addition, the proposal is consistent with the guidelines for residential infill development of the Shore Drive Overlay District including, but not limited to, compatibility with surrounding uses; new structures in scale with existing and surrounding structures; incorporation of quality building materials; and, use of general design concepts in the buildings' design. The most important aspect of compliance with the Shore Drive Design Guidelines is the fact that the proposed development is an extension of the existing development to the east; thus, consistency with the design of that development is an important component. There was opposition to the proposal. ■ 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 V�f City Manager. ILI HOLLIS ROAD ASSOCIATES, LLC Agenda Item # 27 October 13, 2004 Public Hearing Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Change of Zoning District Classification from R-5R Residential District (Shore Drive Overlay) to Conditional A-24 Apartment District (Shore Drive Overlay). LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE Property located at 4708 and 4712 Hollis Road. Map E-3,,,• Hollis Road Associates LLC _ IN I,D�{%-•i �i 'O pj G�I �� In, R-10 ISO) ar 2 I� sm❑pi?; o CONING CHANCE Iron R-5R to Conditional A-1 S 14794777800000;14794786760000 4 - BAYSIDE 0.78 acres HOLLIS ROAD ASSOC. Agenda Item # 27 Page 1 EXISTING There are two (2) single family dwellings on the site, one (1) on each LAND USE: parcel. SURROUNDING North: • Apartments / A-18 Apartment District LAND USE AND . Hollis Road, motor vehicle sales / B-2 Community ZONING: South: Business District East: • Townhomes / A-24 Apartment District West: • Apartments / A-18 Apartment District NATURAL The site is sparsely wooded with some large trees and is occupied RESOURCE with two (2) single-family dwellings. There do not appear to be any AND significant environmental features on the property other than a few CULTURAL large trees that will be removed. The site is within the Chesapeake FEATURES: Bay watershed. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposal The applicant is proposing to rezone two (2) lots, totaling 0.78 acres, from R-5R Residential District to Conditional A-24 Apartment District for the purpose of constructing 15 townhomes. These dwelling units will be identical to the recently constructed townhouses on the adjacent lot to the east. Access will be provided through this adjacent lot. That parcel was rezoned from R-8 Residential District to A-3 Apartment District by the City Council in 1986. 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. HOLLIS ROAD ASSOC. Agenda Item # 27 Page 2 Compatibility with the surrounding land uses and zoning districts. • Consistency with the Comprehensive Plan and the Shore Drive Design Guidelines. Comprehensive Plan The Comprehensive Plan recognizes these parcels as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, this means that the established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. g w Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. HOLLIS ROAD ASSOC. Agenda Item # 27 Page 3 PROFFER # 1 When the Property is developed, it shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF HOLLIS ROAD CONDO EXPANSION," dated 6/30/04, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER # 2 Vehicular Ingress and Egress shall be via one (1) curb cut from the north of Hollis Road and no more than fifteen (15) residential condominium dwelling units shall be constructed on the Property. PROFFER # 3 Each of the fifteen (15) residential townhomes shall be three (3) story in height with no more than three (3) bedrooms in any unit. PROFFER # 4 The architectural design of the residential buildings will be substantially the same as the existing Hollis Road Condominium buildings which are depicted on the photographs which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). Staff Evaluation of The proffers address the site and building design, building Proffers: materials, landscape amenities access and circulation. The proffers ensure that the proposed 15-unit condominium expansion will mimic the adjoining townhouses to the east and will integrate well into this moderate to high -density residential community. These provisions also follow the guidelines for quality residential infill development of the Shore Drive Overlay District including, but not limited to, new structures in scale with existing and surrounding structures; quality building materials on exterior of structures; and general design concepts incorporated into the buildings' design. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated June 30, 2004, and found it to be legally sufficient and in acceptable legal form. HOLLIS ROAD ASSOC. Agenda Item # 27 Page 4 E'�T..,e.., a Staff Evaluation Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the `Major Issues' identified above. The proposal's strengths in addressing the `Major Issues' are (1) The two existing single-family dwellings are surrounding by higher density residential development: apartments to the north and west and townhouses to the east. Based on the surrounding higher density land uses, this request for a rezoning on this small parcel "sandwiched" among more densely zoned parcel is reasonable and not unexpected. The parcel to the south, across Hollis Road, is zoned B-2 Community Business District and is currently occupied by a motor vehicle sales operation. Staff views this request as providing a good transition from the busy retail properties along Shore Drive to the residential parcels to the north. (2) The request is consistent with the recommendations of the Comprehensive Plan as this property is located within the Primary Residential Area. According to the Plan, development in this Area should occur in a manner consistent with the "... established type, size, and relationship of land use, both residential and non- residential, in and around these neighborhoods..." and that this "...should serve as a guide when considering future development proposals" (page 90). The Plan specifically states that infill development should "...complement and reinforce the predominant physical character of the surrounding area..." in terms of density, material, height, setback, yard area (page 91). In addition, the proposal is consistent with the guidelines for residential infill development of the Shore Drive Overlay District including, but not limited to, compatibility with surrounding uses; new structures in scale with existing and surrounding structures; incorporation of quality building materials; and, use of general design concepts in the buildings' design. The most important aspect of compliance with the Shore Drive Design Guidelines is the fact that the proposed development is an extension of the existing development to the east; thus, consistency with the design of that development is an important component. Staff, therefore, recommends approval of this request. HOLLIS ROAD ASSOC. Agenda Item # 27 Page 5 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. HOLLIS ROAD ASSOC. Agenda Item # 27 Page 6 Supplemental information Zoning History �.. M . irtn Mot I `.,MR-MM&Aawl `fin: �, �~I � �_` .\, Q•i,� � �,, �� fir► ,`, �� • �r 1 _ � (\ :;� ,' � 'r'.w �..�. fir■ - Ir; ZONING CHANGE iron K-sK to Lonouonai rn- i z # I DATE IREQUEST IACTION 1 02/25/03 Conditional Use Permit (motor vehicle sales) Granted 2 03/14/00 Conditional Use Permit (fuel sales) Granted 12/13/82 Conditional Use Permit Granted 3 06/11/91 Change of Zoning (B-2 Community Business District to Granted A-24 Apartment District) 4 08/21/90 Conditional Use Permit (billiards) Denied 5 02/23/87 Subdivision Variance Denied 6 01/13/86 Change of Zoning (R-8 Residential District to A-3 Granted Apartment District) HOLLIS ROAD ASSOC. Agenda Item # 27 Page 7 7 12/17/84 Change of Zoning (B-2 Community Business District to Granted A-3 Apartment District) 8 02/27/84 Change of Zoning (R-8 Residential District to A-2 Granted Apartment District Public Agency Comments Public Works Master Transportation Plan Hollis Road is classified as a two (2) lane undivided MTP : collector cul-de-sac. Pleasure House Road in the vicinity of this application is considered a two (2) lane suburban arterial. It is shown on the MTP as a 70 foot wide right of way undivided facility. There are currently no Capital Improvement Program projects to upgrade either roadway at this time. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Hollis Road No Data , 6,200 ADT Existing Land Use Available — 41 ADT Proposed Land Pleasure 5,855 ADT' 13,600 ADT' House Road Use 3 - 88 'I T' Average Dai y r 2 as defined by existing R-5R zoning 3 as defined by 15 townhomes Public Utilities Water: There is a four (4) inch water line in Hollis Road. This site must connect to City water. Sewer: Sanitary sewer service is available. Sanitary sewer and pump station analysis and construction plans and bonds will be required. Public Schools HOLLIS ROAD ASSOC. Agenda Item # 27 Page 8 School Current Enrollment Capacity Generation ' Change 2 Hermitage Elementary 460 567 2 1 Great Neck Middle 1115 1065 1 1 Cox High 12044 1811 2 2 "generation" represents the number of students that the development ww add tv Lim su 00, 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Adequate — no additional comments. HOLLIS ROAD ASSOC. Agenda Item # 27 Page 9 Exhibits xhibit A 3rial of Site Location HOLLIS ROAD ASSOC. Agenda Item # 27 Page 10 m c O �L X w o0 C �0 fi U Y 'C3 i�IJ C fi M 0 0 J rVOO j »� i � � U fp •� � v fi m 0 C vt C 'r to CJ I ] Exhibit B Proposed Site Plan Exhibit C Proposed Building Elevation HOLLIS ROAD ASSOC. Agenda Item # 27 Page 12 NolIV311dav 9NINOZH IVNOIIIGN03 Z WA 4 Vw9 U1 a V1 0 N LEI w a- e w'v ism= moee�w3.�> O ✓ r .. It7 _ C � C C p � O ✓Lr C L u, C m ,: N C � O�`Z v^iam �mm LN32m�o�a^opc a+� J .Cim Y C�•N u to L_ .- Ltt cc $ 'r UL a 3 `.• 7 m C a V i O v. L,y :9 _.: O V N m a a S�Vfo ooco a n_tU _ 9 di e C jj O f i L T W tt � ,4. O � '7 ' ' c � O cOi � '�. � L 5 .p C i m L Uj = c m a o cE .^ an 3� oc xrr w2a£Ew 9r Kl. •Q•• 9�'� o � � 79 fa�D O o a� oc O C C O. O i ¢ C1 m '- Cam, �'• G � +- r - .2 U O S i NOIZV�I�ddV 9NINOZrLIU 'I�N011IGN03 Exhibit D Disclosure Statement HOLLIS-ROAD ASSOC. Agenda Item # 27 Page 13 Chesapeake Beach Civic League Architectural Preservation and Zoning Committee P.O. Box 5118 Virginia Beach, VA 23471 10/08/04 Carolyn A. K. Smith Department of Planning and Community Development 2405 Courthouse Drive Bldg. 2, Room 115 Virginia Beach, VA 23456-9013 RE: Planning Commission Hearing October 13, 2004 Agenda Item # 27 — Hollis Road Associates, L.L.C. Change of Zoning from R 5R Residential Resort to Conditional A-24 Apartment District on property located at 4708 and 4712 Hollis Road Dear Ms. Smith, As co-chairmen of the Architectural Preservation and Zoning Committee, a chartered committee of the Chesapeake Beach Civic League, we are writing to express our opposition to the above referenced change of zoning request. The proposal of Hollis Road Associates, L.L.C. to build 15 condo units on these two lots would more than triple the density currently allowed for two R-5R lots. It would bring an additional 22 cars and 11 sewer and water hook-ups which are not zoned (nor intended) to be there. Development is currently occurring in Chesapeake Beach at an explosive rate. Although, we as a Civic League are not anti -development, we do have concerns about how this growth is affecting our infrastructure. Are our water pump stations, sewer lines, impoundment easements and roadways being upgraded or increased at a comparable rate? These are our concerns; and frankly, we see no justification for increasing density, beyond what zoning currently allows. Please find attached a list of citizens who are in opposition to this zoning change request. lark Walker & Bruce Johnson Co-chairs of the Chesapeake Beach Civic League Architectural Preservation and Zoning Committee 10/08/04 Signatures of those citizens opposed to the change of zoning of two R-5R lots on Hollis Road ( 4708 & 4712 ) from their current zoning to Conditional A-24 Apartment District Zoning: Signature: wm, Address: 1 0, r La ( tdwr�,,(e Ay owme.- 2g7?fHbl�,`s � 4-7/a 114-21 2, —7 V73:2 A //,' s 7?o c� r �3 6 3 �J 10/08/04 Signatures of those citizens opposed to the change of zoning of two R-5R lots on Hollis Road ( 4708 & 4712 ) from their current zoning to Conditional A-24 Apartment District Zoning: Signature: Address: � r4 112 (r�2 12 4� 2 q 7Z :� ` t-ngq UAL Lf -1'5LI eXj� C+ 41rlsIK' �,, 10/08/04 Signatures of those citizens opposed to the change of zoning of two R-5R lots on Hollis Road ( 4708 & 4712 ) from their current zoning to Conditional A-24 Apartment District Zoning: Address: q-7U z �If c� 23ys S� 06i A W- 10/08/04 Signatures of those citizens opposed to the change of zoning of two R-5R lots on Hollis Road ( 4708 & 4712 ) from their current zoning to Conditional A-24 Apartment District Zoning: Signature: i Address: a� mub Lk -Aoc, 2 i 4 � P5,-)v j bl-3 2-4,2 z)dr 50;) 3 Laudn� < A!�:C— AV e-- z l ,N cad & - C-{ p7 GA4eZ -I*U- 14X 10/08/04 Signatures of those citizens opposed to the change of zoning of two R-5R lots on Hollis Road ( 4708 & 4712 ) from their current zoning to Conditional A-24 Apartment District Zoning: Address: „ Z Z ?Li fl earc-e !-(kc " Z 3 V� 417- 7-1 A 2Za5 Can i c�cs t�ac� Cf \Ja&ach zW Z7-37 Chic V S /-kc f+L- Z Z 2 C Kr e- K S G PVC fl- C-FVA-&-A-ckt 7 3 ASS IiAc - l 4Vi5-, VA g6A6 14 10/08/04 Signatures of those citizens opposed to the change of zoning of two R-5R lots on Hollis Road ( 4708 & 4712 ) from their current zoning to Conditional A-24 Apartment District Zoning: Signature: Address: � � -1( CLx)h t 9,0-� Q. c4qp LrG., � /� �, ZqO? (G L& �Ke c�d S C,k6 `4A" Item #27 Hollis Road Associates, L.L.C. Change of Zoning District Classification from R-5R Residential Resort District to Conditional A-24 Apartment District 4708 and 4712 Hollis Road District 4 Bayside October 13, 2004 REGULAR Joseph Strange: The next application is Item #27 Hollis Road Associates, L.L.C. It's an Ordinance upon Application of Hollis Road Associates, L.L.C. for a Change of Zoning District Classification from R-5R Residential Resort District to Conditional A24 Apartment District on property located at 4708 and 4712 Hollis Road, District 4, Bayside. Dorothy Wood: You spent the day with us haven't you Mr. Bourdon? Eddie Bourdon: Very enjoyable. Thank you Madame Chairperson. This is an application that involves an infill to two R-5R lots that are surrounded by B-2 where you got an automobile dealership on Shore Drive. A-24 to the east including the first phase with this approval will be the second phase of the condominium, and then A-18 apartments that surround us to the north and the west. Obviously staff has appropriately recommended. This makes good sense in every land use category. We're going to have only an existing entrance off of Hollis serving the existing condos. You'll come in here and we're just extending it. The use will be same. As the use we have now, they all have garages. These units will be $350-400 thousand. The units in here will be $325, which was the most recent sale. It's 19 units per acre, which will be the total on this section of the condominiums. R-5R doesn't make any sense here. We've provided signatures of 17 homeowners whose property is in the area including all of the condos to our east. The civic league, I understand had a petition. We know for a fact they went door to door and the apartments adjacent to us and got a bunch of signatures. Again, those are renters and not owners. I did have occasion to talk to Bruce Johnson, who is a friend, who is the President or Chairman of this other civic league out there and the conversation involved their reason for opposition. And, I understand he's not here. I don't know if anyone actually came down today from the civic league. But, his comments are that they are very significantly concerned about a potential rezoning on Greenwell Road, which is on the other side of Northampton Boulevard, and they wanted to take a consistent position of opposing any rezonings that increase to multi -family and anything that is not currently zoned multi -family in that area. That was the reason they wanted to be consistent. I don't want to put words in his mouth but there was an indication that he recognized that given the location that maybe not the way the City looked at things but that was the way they were going to look at things. I just don't know if you can come up with a better scenario for this piece of property than to add it to the condominiums that are already there and already successful in that location. Item #27 Hollis Road Associates, L.L.C. Page 2 Dorothy Wood: Thank you Mr. Bourdon. Eddie Bourdon: Thank you. Dorothy Wood: Are there any questions? Comments? Motions? Ms. Anderson. Janice Anderson: I make a motion to approve the application as written up. I believe that it's appropriate. Donald Horsley: We have opposition. Janice Anderson: Oh, there is? Dorothy Wood: Sir, did you sign up? Mark Walker: I came in late. Dorothy Wood: Are you in opposition sir? Mark Walker: Yes, I am. Dorothy Wood: Why don't you come up and state your name. Mark Walker: My name is Mark Walker. I am a co-chair along with Bruce Johnson of the Architectural Preservation Zoning Committee for the Chesapeake Beach Civic League. Dorothy Wood: Thank you for coming. Mark Walker: And I thank you. I did email Carolyn Smith this morning a letter of opposition and we also did go around as Mr. Bourdon said and got some signatures. In fact, we got 100 signatures in opposition. I have copies of that letter. Carolyn Smith: They have it. Mark Walker: They have it? Well, there are additional copies there. We, in Chesapeake Beach are experiencing a real explosive growth, as you all know. One of the problems that we have over there at Chick's Beach is that we have lots that have zoned years ago with the intent of that whole area being a basically a summer place. Back in the day, a lot of these small lots that we have which are currently R-5R zoning, some of them as narrow as 30 feet wide and maybe 80 feet long. We have hundreds of lots in that R-5R category that frankly, really don't follow the intent of currently of what they were originally laid out for. It was just a community of cottages. It was basically a summer place and of course everyone has been to Chick's Beach and everyone loves Chick's Beach as we do, being the residents, but we see a lot of these smaller lots that are R-5R Item #27 Hollis Road Associates, L.L.C. Page 3 being developed as duplexes because they are zoned that way. So, we're seeing huge density increases in our area where they weren't originally intended to be that much of an increase. We're opposed to the fact that once again, density increase is proposed here. We're talking about brining in another 22 cars, another 11 sewer taps and water taps. Ed Weeden: Mr. Walker you have about 20 seconds. Mark Walker: Alright. Bottom line is that we don't want to see that happen. Dorothy Wood: Thank you very much for coming sir. We appreciate it. Mark Walker: Thank you. Dorothy Wood: Eddie, do you have something to add? Eddie Bourdon: I think the staffs evaluation is right on point. And to suggest that to me that these two lots R-5R and put duplexes there, which I don't think Mr. Walker likes that idea either and makes no sense. This is a completion of this area in addition to the existing condominiums that, had the property been available to be acquired at the time, the original first section was done, it would have been done at that point in time. Again, good land use planning. The units are high quality, attractive units, high sales price, good tax base and it isn't a situation where we're coming in and trying to start something. This is finishing something. I think it makes good sense. Thank you. Eddie Bourdon: Thank you. Dorothy Wood: Questions? Comments? Ms. Anderson. Janice Anderson: Thank you. I want to address the issue with the R-5R. John Waller and I are on the committee right now to address that so far what is happening down on Shore Drive and at the Oceanfront residential districts there. I believe residents in both areas are very concerned in the R-5R by having a residential neighborhood turn into duplex and the massiveness of these duplexes and the crowdedness and everything that goes along with the over development. I believe these individuals believe their neighborhoods are being over built. I don't believe that this actual section right though here is a threat to that. I believe the R-5R district will be addressed and we're looking into it now and hopefully we'll have a solution with that but the residents believe there is an overbuild problem but I don't think we need to address that with this parcel. It is definitely surrounded by apartments and B-2 and so I don't think it would have a negative affect on the neighborhood as a single-family neighborhood impact, which I think the residents have with the R-5R zoning change to duplex. I believe this is an appropriate zoning in this area. It is a very small parcel. It mixes very well with the surrounding neighborhood. I believe the neighbors have sent us an issue with regard to drainage. There might be a problem with that but that can be addressed, I believe in the site plan review, to make sure the drainage is probably taken care I would recommend Item #27 Hollis Road Associates, L.L.C. Page 4 approval of the application as submitted. Dorothy Wood: Thank you. Ron. Ronald Ripley: I agree with Jan and I believe the pattern of density of development of the area is an appropriate use. Councel pointed out the zonings that are around this and it's obvious it cries out to be a duplex in the middle of this but that doesn't make a lot of sense. What does bother me about this and it's not the suggesting of the rezoning, but what does bother me is something that the City has employed a study on Shore Drive to create walkable communities, if you will and there has been no funding to solve this issue. I was in the line of traffic taking a left on Shore Drive and maybe south on Pleasure House and watching a family trying to get across Shore Drive. There is really no place for them to transition to, walk to. There may have been a pedestrian painted line but it is very difficult for the pedestrians to move around in this area whereas it should be because you put in the density that is there they should be able to walk and shop because you have really a good little shopping area and I think it will nothing but better and the City. The improvements really need to made on Shore Drive. I'm going to be making a case for that very shortly and I'll share that with you later but at another date but that's the one thing that bothers me. I guess I'm getting up on my soapbox for the betterment of the entire area because this type of housing will add to that betterment of the area in my opinion. And for that I'm going to be voting for the rezoning and I'm also going to be making an extra hard pitch on improving and the completing of the Shore Drive Plan that has been out there in front of you and this Commission approved and City Council approved in 2001. I think it was. Does that sound right Bob? Robert Scott: At least. Dorothy Wood: Thank you sir. Do I hear a motion? Janice Anderson: I'll make a motion to approve the application. Dorothy Wood: Thank you Ms. Anderson. John Waller: Second. Dorothy Wood: Mr. Waller seconds it. Mr. Miller. Robert Miller: I need to abstain from this vote. My firm is working on the project. Dorothy Wood: Thank you sir. AYE 10 NAY 0 ABS 1 ABSENT 0 ANDERSON AYE CRABTREE AYE Item #27 Hollis Road Associates, L.L.C. Page 5 DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS Ed Weeden: By a vote of 10-0 with the one abstention, the application of Hollis Road Associates has been approved by the Board. L. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY OF VIRGINL4 BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L C E S L DATE: 11/02/2004 D C M R C A W PAGE: 1 I D J L A N R H N I E Y O A D D E M U L W AGENDA Z E N N D O E I E S O ITEM # SUBJECT MOTION VOTE E E A O R V D V O O L R S N X F E T A N D I CITY MANAGER'S BRIEFINGS: Dean Block, Dir A STATE ROADS MAJOR PROJECTS Dept of Pub Wks Dwight Farmer, Dep Dir Trans HRPDC B VIRGINIA AQUARIUM PROJECTS Lynn Clements, Dir Dept of Museums C JOINT LAND USE STUDY (JLUS) Robert J. Scott, Dir Dept of Planning D PROBATIO14 PERIOD for CITY EMPLOYEES Susan Walston, Chief of Staff II/IIIAV/ CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y VNI/E F MINUTES APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y SPECIAL SESSION 10/19/04 INFORMAUFORMAL SESSIONS 10/26/04 G MAYOR'S PRESENTATION Resolution recognizing the outstanding contributions of Doris Gladys Hindlin, Assistant Coordinator of the Virginia Beach Volunteer Council (1930-2004 HA PUBLIC HEARING TAXI CAB SURCHARGE INCREASE I SPEAKER J/1 Resolution REQUESTING Lcsner Bridge ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y replacement be included in VDOT Urban CONSENT Roadway program. 2 Resolution to AUTHORIZE / promulgate ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y Amendment Number 8 to Public Works CONSENT Specifications / Standards Manual. 3 Resolution re Phase One of 19'" Street DEFERRED 10-0 Y Y Y Y Y Y Y A Y Y Y Corridor Design / AUTHORIZE the City INDEFINITELY, Manager implement same BY CONSENT 4 Ordinances AUTHORIZING compensation OPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y increases effective on anniversary dates for City CONSENT Council appointees: a. City Manager b. City Attorney C. City Assessor d. City Clerk CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE: 11/02/2004 C E S L PAGE: 2 D C M R C A W I D J L A N R H N I E Y 0 A D D E M U L AGENDA Z N N D 0 E I E S W ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 00 L R S N X F E T A N L_ I I- I I I I I __l I D 5 Ordinance to TRANSFER $1,217,000 from Elbow Road Extended -Phase II to Phase HA ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y A Y Y Y K APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S BICYCLE and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION TOWING ADVISORY BOARD P ADJOUM MENT 6:30 P.M. T-1 PUBLIC COMMENTS Non Agenda Items NO SPEAKERS