Loading...
HomeMy WebLinkAboutFEBRUARY 11, 2003 AGENDACity of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E O BER D RF At Large YICEMAI ORL UIS R JO E.S Baiside Distreer4 H4kRY E DIE EL. }Kempsvr11e District -I MAR APETL EURE Centerville Disma l EB4 S McCLANA % Rosc Hall Drstricr 3 RfCHA RD A WA DDOV B ach District XW REE I E Princ ss 4nnL Damcr PETER I� CHA,17L) T A Lamm RO'v A VUL4NE,EVA AI Large O E 4L4 } WL. O V At Largc J ME1z L 9 DOD I imnhaven District CITY COUNCIL AGENDA J4ME'S & SPORE Cin Manager LESLIE L LILLEY City Attorney R TH HODCrES , A TH kafC City Clerk I CITY MANAGERS BRIEFINGS I 2 February 11, 2003 177 HALL B U/LDI VG J 401 CO( RTHO USE DRII E �IRGIAJA BEACH P IRC A14 .z3456 5 PHONE (757) 427 4303 Fkl (7 5 ) 476 566 E M4IL C n en cl@ ibgov corn Conference Room - 2 30 PM LIFEGUARD 5ERVICES Edward Brazel, Division Chief Emergency Medical Services ARTIAL TAX EXEMPTION RE REDEVELOPMENT ZONE Steven Thompson, Chief Financial Officer VEPCO TRANSMISSION LIl�E Dean Block, Director of Public Wort 11111 REVIEW OF AGENDAITEMS 11 111 CITY COUNCIL COMMENTS II IV INFORMAL SESSION CALL TO ORDER - Mayor Myra E Oberndorf ROLL CALL OF CITY COUNCEL C RECESS TO CLOSED SESSION Conference boom - 5 00 PM FORMAL SESSION - Council Chamber - 6 00 PM CALL TO ORDER } Mayor Meyera E Oberndorf INVOCATION Reverend Andrew J MacBeth Eastern Shore Chapel Episcopal Church C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F MINUTES l INFORMAL AND FORMAL SESSIONS February 4, 2003 G ,AGENDA FOR FORMAL SESSION H PUBLIC FEARING Utility Easement for VEPCO Transmission Line at La.ndstown Road I PUBLIC COMMENT Transition Area Plan and Financial Analysis I RESOLUTIONS 1 Resolution to ACCEPT the revised Reconunendations of Citizens Committee on Boards and Commissions Ordinance to APPROPRIATE a S78 000 from the Parking Enterprise fund to the FY 2002-03 operating budget of Convention and Visitor Development re Citv Code compliance for mulueipal parking lots Ordinance to APPROPRIATE 7 ,442 GRANT from the State and TRANSFER $8,716 from the General Fund Reserve re contingencies to the FY'.1.00'.).-03 operating budgets of'the Juvenile Probation and Parks and Recreation to provide needed Youth Services J PLANNING 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 (CZO) for Andrew d Munch (Four Pines Associates) West Great Neck Road and Woodside Lanes, (containing approximately 40 acres) (DISTRICT 5 - LYNNHAVEN) Deferred November 12,2003 Recommendation APPROVAL, 2 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 (CZO), for LBH, LLC at Indian River Road and Parkland Lane (contairung 20,974 square feet) (DISTRICT 1 - CENTERVILLE) Recommendation APPROVAL 3 Variance to Section 4 4 (c)(1) of the Subdivision Ordinance that requires all newly created comer dots be ten (10) feet wider than the muumum requied by the City Zoning Ordinance (CZO)for interior lots an the Distract for JACK SUMMS, JR. and ALAN RICE at Prospect Lane and Connie Way, (containing approximately 20,212 square feet) (DISTRICT 4 - BAYSIDE) Staff Recommendation D N1AL Planning Recommendation APPROVAL 4 Application ofMPSVILLE/CENTERVILLE ASSOCIATES, L L C fora onditional Use Permit re mini -warehouse and self story a with an office_ buildinia and manag' r' residence on the south side of Kempsville Road and Centerville Tum , (containing1 acres) DISTRICT" 1 - CENTRVILL ) Deferred January 7,2003 and November Recommendation APPROVAL Application of HP Ventures, L L C for a Conditional Use Permit for a recreational fa ilLty of are outdoor nature (amusement -park racetrack) on South Birdneck Road and Bells Road, (containing 27 04 acres) (DISTRICT 6 - BEACH) Recommendation APPROVAL Application of D W G tYxng, Inc for a Conditional Use Permit for mini -warehouses on Ha good Road and Ara ona Boulevard, conta irun 165 acre) (DISTRICT 4 - BAYSIDE) Rccormendation APPROVAL 7 Application of CCT, L C for a Conditional Use Pennit for mini -warehouses on Virgirna Beach Boulevard and Sfupp Lane, contaimn 73 acres) (DISTFJCT 6 - BEACH) Recommendation APPROVAL 8 ApplEcatron afHope Lutheran Church for a Conditional Use Permit for a church (addi tj on) on Providence Road and Walton Dnve (5350 Providence Road) (containing 5 25 acres) (DISTRICT 2 - KEMPSVILLE) Recommendation APPROVAL 9 Application of Delaware Auto Leasing for a Conditional Use Permit for used auto sales on Virginia Beach Boulevard and I-264 (17 8 0 Virguua Beach Boulevard) (containing 1 O 1 acres) (DISTRICT 6 -BEACH) APPROVAL Recommendation 10 Application of BROWN BUILDING CORPORATION for aModi Lication o a Condtttonal RezomngADDhcation (approved by City Council on July 13,1993) re property at Dolton Dnve and Wedgewood Dnve (4847 Dolton Dnve) (contamng 36,024 12 square feet) (DISTRICT 2 - KEMPSVILLE) Recommendation APPROVAL K APPOINTMENTS MINORITY BUSINESS COUNCIL L UNFINISHED BUSINESS M NEW BUSINESS N ADJOURNMENT If you are phvsi ally disabled or visually impaired and need assistance at this meeting please call the CITY CLERK S OFFICE at 4274303 Bearing impaire4 call TDD only 427-4 0 TDD Telephonic Device for the Deaf) Agenda 11 l lo3fblb ww%k vhgov com CITY OF VIRGINIA BEACH AGENDA ITEM ITEM A Resolution Adopting The Revised Recommendations Of The Citizens Committee on Boards and Commissions MEETING DATE February 11 2003 N Background City Council appointed a Citizens Committee on Boards and Commissions, with the goal of preparing recommendations regarding all aspects of the City s boards and commissions The Citizens Committee surveyed the board and commission members After reviewing the survey results and public input obtained during a Community Conversation the Citizens Committee prepared a collection of recommendations which it presented during a City Council workshop n January 21, 2003 City Council requested three changes to the recommendations which the Citizens Committee incorporated into the attached Revised Recommendations Under the heading General: item number 3 the terra 'task forces' has been added to the list of entities the members of which shall be appointed by City Council Under the heading Recommendations for Specific Boards and Commissions, item number 8 the recommendation concerning the dissolution of the appointed Social Services Board has been deleted The deleted language ncernin the Social Servio Board has been replaced with a recommendation that meeting facilitators be assigned to the Social Services Board and the Public Library Board i Considerations The Resolution indicates City Council s adoption of the Revised Recommendations and expresses City Councils gratitude to the members of the Citizens Committee and members of the public who attended the Community Conversation i Public Information Members of the public attended the Community Conversation and their input was incorporated in the recommendations E Recommendations Adoption of resolution ■ AttachmentsAftachments Revised Recommendations Recommended mmended Action Approval City Manager Requested by Councilmembers Reba S McClanan and Rosemary Wilson 1 A RESOLUTION ADOPTING THE REMISED RECOMMENDATIONS OF THE CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS WHEREAS, City Council appointed a Citizens Committee on Boards and Com-missions, with the goal of preparing recommendations regarding all aspects of the City'City's boards and comm2ssions, WHEREAS, the Citizens Committee surveyed each individual member of the City' s boards and commissions, as well as each board and commission as a whole, 10 WHEREAS, after reviewing the survey results and public 11 input obtained during a Community Conversation, the Citizens 12 Committee prepared a collection of recommendations that address the 13 role, composition, duties, organization, training, attendance, and 14 staffing of boards and commissions as well as City Council contact 15 duties, 16 WHEREAS, the Citizens Comm-ittee presented its 17 recommendations to City Council during a City Council workshop on 18 January 21, 2003, and 19 WHEREAS, the Citizens Comp a-ttee incorporated the 20 suggestions of City Council into its Revised Recommendations, 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 22 OF VII1Ii BEAChf VTRGINTA 3 That the Revised Recommendations are hereby adopted by 24 city Council 25 BE IT FURTHER ES01VED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGI IIA BEACH, VIR II IA 27 That the City Council hereby expresses its appreciation 28 for the work of the C1t1. e s Committee and extends its sincerest 29 gratitude to the members of the Committee and to each member of the 30 public who attended the Community Conversation 31 32 Adopted by the Council of the City of Virginia Beach, 33 Virginia, on the day of , 20 CA-8755 RDII N NC DE bdscom res wpd -1 February 5, 2003 APPROVED TO LEGAL SUFFICIENCY Law Department 0 REVISED RECOMMENDATIONS The Citizens Committee on Boards and Commissions in the City of Virginia Beach offers the following recommendations for the consideration of the City Council General City Council shall reaffirm that citizen input and participation are entica1 to improve the quality of life to ensure Virginia Beach as a "Community for a Lifetime' A' City Council and City Staff shall stress the vital role of Boards and Commissions in making certain that the voices of citizens are heard Boards, Commissions, Task Forces, and Citizen Advisory Committees, except those appointed by the Mayor, shall b appointed by City Council City Council shall direct the City Manager that City Staff members working with Boards and Commissions shall receive training to work with citizens collaboratively Where applicable the appointee representing a District must reside within that same District City Council shall give insightful review to the Boards and Commissions Talent Bank Organizational Each Board or Commission shall have one designated City Council contact ' City Council and City Staffshall make citizens aware o opportunities to serve on Boards and Connzssions It is recon-mended that citizens be informed through a series of telecasts on the City's cable channel The telecasts should address the roles and functions of Boards and Commissions., , contain interviews with existing Board and Commission members and explain application procedures for Boards and Commissions City Staff members shall work with the City Clerk and City Attorney to create videotaped training sessions to provide new Board or Commission members with training on Roberts Rules o Parliamentary Procedure, Conflict of Interest act, the Freedom of Information Act city travel regulations attendance requirements,, the I use of existing media and communications resources and any other applicable educational data 4 Eacb Board and Commission shall conduct more specific orientation for newly appointed members This onentation shall address tines and places of meetings, attendance policy ongoing projects of the Board or Commission, operating procedures and issues specific to that particular body and requirement for filing an Annual Report with City Council Contact and City Clerk The City Clerk should coordinate a City Council -sponsored and cost- effective recognition of Board and Commission members each year Corporate sponsorship of this recognition event should be sought City Council shall consider a policy specifying that, for all future appointments, an individual shall serve on only one Board or Commission at any one given time The goal of this policy is to have more citizens become involved in the work of the City City Council shall direct the City tanager to prepare for City Council a master organizational chart depicting the placement of Boards and Commissions within the �arious City departments An analysis of this chart may reveal the need to share responsibilities for Boards and Commissions more equitably across departmental lines The Citizens Committee on Boards and Commissions agrees that no increase in compensation for Boards and Commissions shall be given at this time wherever possible, and if not in violation of State Code, reimbursement for service on Boards and Connnrssions should be redirected to the training of Board and Commission members so they become more effective in their roles Expenditures of City funds for food for Board and Commission meetings shall be reevaluated and served only on special occasions 10 The City should maximize the use of staff time by minimizing the number of City Staff` members attending the same Board or Commission meeting wntten reports are acceptable in lieu of attendance 11 The City Council shall look for ways to reduce the number of Boards and Commissions As future issues anse City Council should consider delegating these issues to existing Boards and Commissions r appointing a temporary Task Force 12 Membership on each Board and Commission shall reflect the geographic, gender, ethnic and occupational diversity of the City Members of Boards and Commissions shall reside in Virginia Beach 1) 13 Pnor to appointment, each potential appointee shall disclose any financial interest of which he or she is aware in the issues coming before the Board or Commission on which mem ershup is sought This Disclosure shall be attached to the Talent Bark filed with the City Clerk 14 Boards and Commissions are to be encouraged to use technology to link to the citizens at large If a Beard or Commission has a website, that site should have a link to the City's website For those Boards or Commissions without websites, it is recommended that they utilize public school student support in creating a websrte 15 Pending Appointments shall be panted in the City Page 16 City Council shall use a more thorough selection process for the appointment of members to Boards and Commissions, including advertising and interviews of the final pool of applicants 17 City Council shall, on a trial basis, use student members on selected Boards and Commissions The Public Library Board and the Parks and Recreation Commission shall continue to have student members Student members shall be added to the Agricultural Advisory Commission and the Arts and Humanities Conunission The Mayor shall request, in writing, the dames of potential student members from the Chair of the Virginia Beach School Board Students who are nsina juniors should be selected so they will be able to serve on the Board or Commission for two }rears At the close of the first Iwo -year cycle, the students and the respective Chairs shall be interviewed by the City Council Contact regarding the effectiveness of the student members 18 The appointment of members to Boards and Commissions should occur thirty (30) days pnor to the expiration of terms so the newly appointed member can attend a meeting pnor to the membership on the Board or Commission 19 The Citizens Committee on Boards and Commissions supports tern limits in accordance with the previously adopted ordinance City Council Contact Duties Council Members shall select one of its awn members to serve as the Contact to each and all Boards and Commissions If the Liaison(s) is already designated that City Council Member shall serve as the Contact for that Board or Commission 3 The Contact shall be responsible to review the respective Board or Comr fission Talent Bank and pending appointments, work with the f rstnet Representative for appointments in that Distnct and be responsible for ongoing conmrnunication with the respective Chair of that Board or Commission t the close ofthe first two -gear cycle, the students and the respectiN e Chairs shall be interviewed by the City Council Contact regarding the effectiveness of the student members on those Boards and Commissions 4 City Council Contact shall be alert to attendance on appointed Boards and Commissions and discuss any discrepancies with the agency Chair for advice to City Council The City Council Contact shall ensure the appointed agency files the required annual report on a timely basis for the appointment Attendance I Because it is cntical to have members who are committed to the work of the City s Boards and Commissions, each Chairman ofeach Board or Commission shall enforce the attendance policy At each meeting, the Chair shall use a sign -in sheet for members At the close of each meeting, the Chair shall sign and certify the sheet and file it with the City Council Contact and staff member assigned t the Board or Commission If a member has two unexcus d absences,* the Chair shall telephone that member regarding the importance of attendance Should that member violate the attendance policy, the Chair shall contact the City Clerk immediately The attendance record for all members of the Board or Commission shall be attached to the Annual Report for that body *City Code Section 2-3 I "excused absence is personal illness, the fIlness or death of a relative, or other circumstances beyond the mem er's control" Tmr1t=1rnPq 1 Meetings of Boards and on�rnission shall follow Roberts' Rules of Order Revised Each Board and Commission shall review its mission statement to make certain that the mission is clear, concise, current and communicated to the Board or Commission members The mission statement shall be reviewed every two }rears Each meeting shall begin with a preamble to highlight key points about the Board or Commission to educate visitors about the processes of the Board or Commission and to advise the public of their nghts and opportunities to interact with the Board or Conunission 4 Members of Boards and Commissions shall have the right to add Items to the agenda prior to the adoption of the same The chair of each Board or Commission shall file an Annual Deport with the City Clerk's office sixty 6 days prior to the expiration o terms for members The Annual Report shall include attendance record for the year and a summary of the year's accomplishments Where staff serves the agency, they shall assist the Chair in preparation of the Annual Deport to be filed with the City Council Contact and City Clerk Where applicable, City staff members assigned responsibilities for Board or Commission shall Maintain a file ofthe mint f that Board or Commission with certified attendance records City Staff members serving a Board or Commission shall promptly advise the City Council Contact and City Clerk's office of my changes in membership, such as address, change or resignation, etc Recommendationsfor Specific Boards and Commissions City Council should consider expanding the responsibilities of the Histoncal Review Board to work with an expanded membership representing the diverse historical interests, to develop a coordinated and collaborative approach, to preserving the hnstory of the City and to reaping the tourism benefits of historical sites A Task Force may be appointed The By -Laws of the Arts and Humanities Commission and Community Organization Grant and review and Allocation Committee (COG) shall address member conflicts of interests ansing from the members' ties to a potential recipient of funds The Building Code of Appeals Board should be given an exception to the term limit requirement because of the requirement for licensed r registered professionals 4 The Citizens Committee recommends the consolidation of the Health Services Board with the Schools Health Advisory Committee 5 The Citizens Committee recommends the Open Space Subcommittee be a committee with at least one member who is also a member of the Parrs and Recreation Commission, notwithstanding the recommendation above that citizens he appointed to only one Board or Commission The Citizens Committee recommends the Public Library Board detemilne clarity of mission and the in of ernent of members in planning for the future of library{ services in the City with areport to City Council The Consolidation Committee small evaluate the cost effective linkages between the City and School libraries City facilitator shall assist both the Public Library Board and the Social Services Board in order to insure that their meetings further each board's respective mission The City Council shall appoint a Task Force to address the mission, evaluate the rules and regulations and determine staff for the Towing Board to handle citizen complaints 10 All Members of Boards and Commissions shall comply with the annual disclosure of real estate and/or economic interests to be filed with the Clerk of the governing body on or before January 15`h Z may'► 6-% c % CITY OF VIRGINIA BEACH AGENDA ITEM TEM An ordinance to appropriate $78,000 from the Parking Enterprise Fund Retained Earnings to bring all municipal parking lots in the resort district up to City Code MEETING DATE February 11, 2003 ■Background On June 26, 2002, City Council approved Section 23-58 of the City Code, which specifies aesthetic requirements be in place prior to operating a commercial parking lot in the resort district The new requirements of Section 23-58 f the City Code includes enhanced signs interior landscaping, city approved planters, improved gates, and a paved surface all of which are required to bring the existing municipal parking lots into full compliance 0 Considerations In orderfor Municipal Parking Lots to comply with Section 23-58 the City Code existing Municipal Parking Lots have to comply with these specified conditions and improvements before May 2003 To be in full compliance f the City Code, $78,000 is requested for 31 " ", 1 " (North and South), and " Street Municipal Parking Lots in the resort district This appropriation will provide $15,000 for purchase and installation of vinyl coated chain link gates at all resort district municipal parking lots provide $9,000 for 12 city -approved plant containers at 31 st, 1 to J orth, and 41h Street par ing lots, end $54,000 for paving the " Street paring lot Estimate completion date ,s March h 31, 2003 Funding ,s currently available from the Parking Enterprise Fund Retained Earnings to provide these needed improvements 0 Public Information Information will be provided through the normal agenda process N Alternatives Not to be in compliance with City Code ■ Recommendations We are recommending appropriation of $78 000 from the Parking Enterprise Fund s Retained Earnings E Attachments Ordinance Recommended ►tin Approval Submitting Department/Agency CVDlResort Management Office City Manager � � municipal parking lot arf wpd CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Acceptance and Appropriation of Juvenile Accountability Incentive Block Grant of $87,158 from the Department of Criminal Justice Services MEETING DATE February 11, 23 ■ Background The City of Virginia Beach has been awarded a $87 158 grant in federal and local funds under the Juvenile Accountability Incentive Block Grant Program (JAIBG) from the State Department of Criminal Justice Services (The state is providing $78,442, and the City is providing a 10% match) Of the total grant $30,505 will be used to purchase graduated sanctions from Tidewater Regional Group Home Commission in lieu of using secure detention, $30, 000 will pay for Multi -Systemic Therapy (MST) provided by the Department of Mental Health/Mental Retardation/Substance Abuse (MH/MR/SA) to clients who go before the Juvenile Court, and $26,653 will fund a contract to help develop design and identify sources to fund a Transsttionai Jabs Project Graduated Sanctions The Tidewater Regional Group Horne Commission has an intensive supervision program called Challenge Outreach for Youth The Department of Juvenile Probation uses this program to release juveniles from detention or from the two non -secure facilities when it is determined that the juvenile can be returned to the community without a threat to public safety Those juveniles are released under intensive supervision with or without monitoring The cost savings is significant -detention costs have risen to $117 per day, while Challenge Outreach is $36 05 per dal with an additional 09 if electronic monitoring is used Using this program also helps with the overcrowding situation in detention However, this program may only be used for juveniles who have been ordered by a judge to be detained n agreement has been reached with Tidewater Regional Group Hoene Commission to provide a similar service without requiring the court order This Sanctions Program will be used when a juvenile under probation or parole has committed a violation and the Probation/Parole Officer recommends immediate consequences short of filing a violation petition The juvenile will basically be placed under house arrest for a specific period of time as punishment for violating their probation/parole Last fiscal year, Juvenile Probation filed 295 Violation of Probation oases that resulted in that number of juveniles being placed in detention There were 39 Violation of Parole oases that resulted in that number of juveniles being placed in detention With a cost savings ofapproximately $80 aday, the overcrowding fdetention facilities, and the urt's time spent in processing violation petitions, this represents an efficient and effective method of dealing with certain probation/parole violations Multi -Systemic Therapy-(MSTI Juvenile Probation is entering its second year of partnership with [SST through MH MR/SA The MST counselors provide services for 15 clients during a 4 month span, or approximately cl(ents a year Juvenile Probation refers its most difficult clients Most clients have dual diagnoses, and have been in treatment for more than two years with minimal changes in behavior Parents have not established consistent expectations or sanctions may be ready to abdicate their role as parents and/or may have psychiatric issues of their own The MST addresses factors in the home that may contribute to criminal behavior Parents are guided through a process to enhance family relationships and equip therm with strategies to deal with inappropriate behavior This model shifts emphasis from the child"s behavior to the family working together to solve a family problem Expectations are that the parents will learn to set sanctions and enforce therm the number of crisis calls to the probation officer will be reduced as will the number of violation charges Bled, parent child conflicts will be settled, and ultimately that the juvenile will be released from supervision This program has been partially funded with a grant through f H [ P sA To be successful, the program needs to be expanded to offer more complete services in the home Using this grant to supplement the existing funding will enable full services to be offered to this difficult court population Without it, the MST program might have to be discontinued Transitional, Jobs Project The Youth opportunities Coordinator plans to hire acontracted, part-time program developer to plan and develop a Transitional Mobs Program The development of the program will require substantial research, education, coordination and collaboration among community stakeholders It is estimated that this process, including program design, fund development and implementation will take up to one year The National League of Cities has committed to providing two years of technical assistance to the project .Juvenile Parolees most often return to the community without sufficient skills and knowledge to secure and maintain employment Currently there is no mechanism in place for sustained assistance, support and follow-up with juvenile parolees in their job search and skill development upon release from a state correctional facility Recidivism and/or lack of productivity are the reset Additionally, juvenile parolees have a number of barriers that prevent they from obtaining legal employment earning self- (and often family - supporting gages Transitional Job Projects usually operate by placing participants in subsidized employment at no monetary cost to the employer However, the employer s commitment is to provide read work experience for sic months to a year Participants are then assisted with finding permanent employment They receive a continuum of services and support beginning during incarceration through their release and involvement in education, training and rnpfoym nt Vocational training counseling, job readiness, transportation and other services that remove barriers to success are provided Success will be measured by reduced recidivism and the number of Juvenile parolees who successfully complete the program by securing and sustaining permanent employment after receiving Transitional Jobs services as compared to those who do not ■ Considerations This grant is comprised of $78,442 of federal funding, and requires a local m atch of $8,716 which is 10% of the total grant of $87,158 Of the total grant, $60,505 is to be appropriated the Department of Juvenile Probation's FY2002-03 operating budget, and $26,653 is to be appropriated in the Department of Parks and Recreation/Youth Opportunities Office FY 2002-03 operating budget The Department of Juvenile Probation cannot absorb the cost of the local match in its FY 2002-03 operating budget The funds are available in the General Fund Reserve for Contingencies to fund the Local match If the grant funds are eliminated or reduced below the amount necessary to fully fund this program, then the programs will be reduced and/or eliminated accordingly ■ Public Information Public information akin ill be handled through the normal Council agenda notification process ■ Alternatives There are no alternative sources of funding available to provide these services ■ Recommendations It is recommended that the City Council adopt the attached ordinance accepting and appropriating the grant ■ Attachments JuvenifeAccountabilityIncentive Block Grant Statement ofAward/Acceptance , Department of Criminal Justice Services Ordinance Recommended Action Approval Submitting Department/Agency Department of Juvenile Probation City Manager L I AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 $78,442 GRANT FROM THE STATE AND T 3 TRANSFER $ , 716 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES To THE F- 5 03 OPERATING Off' THE DEPARTMENT F 6 JUVENILE PROBATION AND r HE DEPARTMENT F PARKS7 TRECREATION l PROVIDE NEEDED 8 YOUTHSERVICES 9 1 11 WHEREAS, under the Juvenile Account ab i l 1 ty Incentive 12 Block Grant Program, the City of Virginia Beach has been 13 awarded a $78,,442 grant in federal funds from the Virginia 14 Department of ri-minal Justa-ce Services, and the Cjty must 15 provi-de a 1 - grunt match for the period covered by the grant 16 NOW, 'THEREFORE, BE IT ORDAINED BY THE COUNCIL of THE CITY 17 OF VIRGINIA BEACH, VIRGINIA 1s 19 1 That $78,442 is hereby accepted from the Virginia 20 Department of Criminal Justice Services 21 2 That $51,789 is hereby appropriated to the FY 2002-03 22 operata-ng Budget of the Department of Juvenile Probation to 23 purchase graduated sanctions from the Tidewater Regional Group 24 Home CommiLssion and to purchase multi -systemic therapy from 25 the Department of Mental Health for clients that are before 26 the Juvenile Court 27 3 That $26,653 is hereby appropriated to the FY 2002-03 2 operating Budget of the Department of Pars and Rec eat ion' s 29 Youth opportunities Office to plain and develop a 'Transitional 30 Jobs Program for juvenile parolees released from state 1 correctiLonal facilities 2 4 That $8,716 is hereby transferred from the General 33 Fund Reserve for Contingencies - Grant Match to the FY - 0 34 operating Budget of the Department of Juvenile Probation a 35 the local match for the grant and to fund the activities 36 described in paragraph 2 of this ordinance That funding for these programs is contingent upon 38 the availability of the federal block grant, and if federal 39 funding 1s reduced or ela-minated, then the programs may be 40 reduced or eliLminatted accordingly 41 6 That estimated revenue from the federal government a-s 42 hereby a-ncreased by $78,442 43 Adopted by the Council of the City of Virginia Beach, 44 Virginia, on the 11th day of February, 203 4 CA- 8729 ORDIN\NONCODE\2003 JAIBG Ord wpd R3 January 31, 2003 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ('�4 k AIAAIAIA�' I, Management Services City Attorney Leonard G Cooke Director h1i /C rLLU- COMMONWEALTH of VIRGINIA Department of Criminal Justice Services MT James K Spore City danger City of Virginia Beach Municipal Center Building 1 it )nja Beach, Virginia 23456 Dear Mr Spore January 10, 2003 n it 85 East Broad Street, Tenth Floor Richmond Virginia 23219 804 7 - 000 TDO (80)386-8132 RE Juvenile Accountability Incentive Block Grant Award No 03-E3218JB02 Your locality has notified DC3S of its intent to accept an allocation under the Juvenile Accountability Incentive Block Grant Program (JAIBG) for 2003 I am pleased to advise you that your award through this allocation process will be $7$,442 in federal funds and $8,716 in local cash match for a total award of $87,158 Enclosed you will find a Statement of ,asdAcceptance and a Statement of Grant Award Special Conditions To indicate your acceptance of this award and the conditions please complete and sign the award acceptance according to the enclosed instructions and return it to Janice Waddy, Grants Administrator, at the Department of Criminal Justice Services J You will note that this award reflects a matching funds contribution Localities receiving funds fcr the first time under this program are provided match from DCJS state general funds Localities receiving continuation grants are required to provide cash match in the amount specified under local cash match This amount is 10% of the total program costs Federal funds may not exceed 90% of the total program The Juvenile Accountability incentive Block Grant Program JAIBG is intended to address the problem of Juvenile crime by promoting greater accountability in the juvenile justice system The federal rules governing this program require each locality to prepare a plan which must be based on an analysis of juvenile justice system reeds This analysis is to be used to determine the most effective use of funds, within twelve JAIL purpose or spending areas to achieve the greatest impact on reducing juvenile delinquency, improving the juvenile justice system, and increasing accountability for juvenile offenders These purpose/spending areas are reflected on the statement of award As set out in the special conditions accompanying this award, prior to expending funds, you must submit the required plan and complete the statement of award to show the JAIJAIBG purpose areas in which you plan to spend grant funds rpmirW ,lace Swam Swat Cammfte an Tranrg , , rrte Jude and DeUvwmy Prewrom Adwsor Comm Erse ArdM" C omm ttae to CoW Apmr ftd Speca, l Advocate and OvWreds Jufte Act Pro `erns Pnvate Security Sem=Advwry Bard Cnrnrvt Jusbce irionreban Systeirrs C.ornmdtee Mr James K Spore Page These grant funds will be disbursed to you quarterly on a reimbursement basis REQUEST FOR FLNDS form is included with this letter and should be used for this purpose 1 funds will be disbursed until we have documented your compliance with the award conditions We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your success If you have any questions, please call Ursula Murdaugh at 4) 786-0092, also please visit our web site at www dcjs state va us Yours very truly, Leonard G Cooke cc Mr Bruce Bright, Project Director Nis Patricia A Phillips, Finance Director Ursula Murdaugh 1 CJ Departmentof Criminal Justice Services 805 East Broad Street loth Floor Richmond VA 23219 Juvenile Accountability Incentive Block Grant Statement of Award/Acceptance Date January 10, 2003 Grant Period ubgrantee City of Va Beach Grant No 03-E3218JB02 January 1, 2003 — December 31, 2003 Project Director Pro ect Administrator Finance Officer Mr Bruce Bright Mr James K Spore Ms Patricia A Phillips Project Director City Manager Finance 1 lreCt r Court Services Unit City of Virginia Beach City of Virginia Beach 2305 Judicial Boulevard Municipal Center Municipal Cntr Bldg 1 Building I -A Building I Virginia Beach Virginia 23456 Virginia Beach Virginia 23456 Virginia Beach Virginia 23456 Phone No 7 7 7 4361 Phone No 7 7) 427-4242 Phone No 77 7 4681 Federal State GF Match 7Local Cash Match TOTAL 78�442 $000 $8.1716 $87,158 TOTAL PROJECT This grant is subject to all rules, regulations, and special conditions included in this award Co CI-CL- Leonard G Cooke, Director Please complete this form by indicating below your planned expenditures for each Purpose Area See attached instructions for completing the award acceptance Enter the amount of this grant, including matching funds, you plan to spend in each category below The total entered must equal the total awarded in this grant, including match Please round to the nearest dollar Please review the Special Conditions accompanying this award before compieting this form Purpose Areas see enclosed informathon for detailedexplanations) Amount 1 Building, expanding, renovating or operating detention facilities, training of correctional personnel Accountability -based sanctions J Hiring juvenile judges, probation officers, court -appointed defenders, pre-trial services Firing additional prosecutors Enable prosecutors to address gangs, drugs & youth violence more effectively Technology, equipment & training to assist prosecutors 7 Molding juvenile offenders accountablc and reducing recidivism Court -Based programs targeting firearms offenders Drug court programs for juveniles 10 Interagency information sharing I Accountability -based programs 12 Drug testing for juveniles Administration m ay be no more tharn 1 % of total TOTAL The undersigned, leaving received the Statement of GrantAward/Acceptance and the Conditions attached thereto, does hereby accept this grant and agree to the conditions pertaining thereto, this day of o� Signature of Program Administrator Title Mr James K Spore City Manager is..empsmueluenrerwite zissoc. m e5 ra o � v� 1 n. R - { -c .4 S C Q I , ,' 1 1 l I � O. ' q 79 LSD ,, �. y , �f Lt\>rrn Gpm —See Rppl:canine ZONING HISTORY 1 Modification of Conditions —Granted 1-12-99 Change of Zoning (R-8 Residential District to B-2 Community Business District) —Withdrawn 12-19-88 2 Modification of Conditions —Granted 11-12-96 Change of Zoning (R-8 Residential district to B-2 Community Business District) — Granted 3-18-85 3 Conditional Use Permit (motor vehicle sales) —Granted 1 -24-95 Conditional Use Permit (auto service) —Granted 9-14-87 4 Change of Zoning (R-5D Residential District to B-2 Community Business District) —Granted 7-11-88 5 Change of Zoning (R-8 Residential District to B-2 Community Business District) —Withdrawn 2-23-87 Conditional Use Permit (auto center) —Withdrawn 2-23-87 Change of Zoning (R-8 Residential District to B-2 Community Business District) —Denied 6-10-85 6 Conditional Use Permit (borrow pit) —Granted 2-13-84 Conditional Use Permit (communications tower) —Granted 5-18-81 7 Change of Zoning (R-8 Residential District to B-2 Community Business Distract) —Granted 2-13-84 8 Conditional Use Permit (fuel pimps) —Granted 4-20-81 4q4F2 CS r � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM F empsville/Centerville Associates, L LC — Conditional Use Permit MEETING GATE February 11, 2003 ■ Background An Ordinance upon Application of KempsvillelCenterviIle Associates L L C for a Conditional Use Permit for mini-warehouses/self storage on the south side of Kempsvilie Road 5$0 feet more or less west of Centerville Turnpike (GPIN 1455813371 1455900477) Said parcel contains 9 31 acres DISTRICT 1 CENTERV[LLE This request was deferred by the City Council on November 26, 2002 and on January 7 23 Since the January 7 meeting, the District Council Representative and the applicant have discussed the proposal As a result of those discussions, the applicant has submitted an alternative plan for the site The alternative plan is discussed below under the Considerations section and the plan is presented on pare 4 of this agenda item form The applicant has also met with civic league representatives in the area ■ Considerations This request is to construct amine -warehouse facility on two (2) parcels totaling slightly over 9 acres There are two site plans under consideration the plan originally submitted and an alternative plan submitted January 28 Ore mq al Plan The plan depicts seven (7) one-story storage buildings (approximately 162 000 square feet of floor area) and a 32 foot high office building and manager's residence with a 30 foot by 40 foot footprint The storage buildings would cover the entire parcel except fora 1 21 acre outparcel for future development fronting Kempsville Road A six (6) foot wrought iron style fence will serve as the security fence for the facility Alternative Plan The plan depicts seven (7) one-story storage buildings (approximately 122 000 square feet of floor area) and a 32 foot high office building and manager's residence with a 30 foot by 40 foot footprint The storage buildings would cover the entire parcel except fora 1 21 acre outparcel for future development fronting Kempsville Road and a 2 78 acre outparcel for future development fronting Centerville Turnpike The primary differences from the anginal plan are (1) introduction of an outparcel on Centerville Turnpike (2) reduction in the Kempsville/Centerville Associates, LLC Page 2of4 square feet of storage area of approximately 40,000, and (3) introduction of an access on Centerville Turnpike to serve the new outparcel The total site currently consists of two parcels The larger of these two parcels has been zoned B-2 Community Business for many years The smaller of the two was rezoned to B-2 several years ago with the expectation that the combined parcels would be used for retail commercial uses, and conditions were added to that rezoning to protect any future residential development to the west The applicant, however, rather than developing the property for retail use, desires to develop it for mini -warehouses While a quality retail center would be welcome at this location and the smaller parcel was rezoned in expectation of such a center, the use of the property as proposed 1s acceptable, but only subject to the conditions recommended below, which will help to assure that the development is higher to quality and will not be intrusive to the future residential to the southwest Staff recommended approval of the original plan, subject to the attached conditions There was opposition to the request 0 Recommendations tion The Planning Commission passed a motion by a recorded vote of -3 with 1 abstention to approve this request with the following conditions When the property is developed, it shall be developed substantially as shown on the exhibit entitled, "Layout and Landscape Plain for Mini Storage Building, Kempsville Road, Virginia Beach, Virginia," prepared by Land Design and Development, Inc , dated September 25, 2002 [original plan] or January 29, 2 [alternative plan] One specific exception is all structures on the property shall adhere to the required setbacks from the ultimate right-of-way of Centerville Turnpike as outlined in the Master Transportation Plan 2 The architectural design elements and exterior building materials shall reflect the staff report as described above and shall be substantially in conformance with those depicted on the elevation entitled "AAAA self Storage, Virginia Beach, Virginia," prepared by Andre [Marquez Architects, dated September 26, 2002 3 The internal property line shall be vacated prior to the issuance of a building permit for the construction of the proposed mini -warehouse facility The location of any and all dumpsters proposed shall be depicted on the final site plan and shall not be looted in close proximity to any residentially zoned property Location to be reviewed at final site plan review and approved by the Planning Director or his designee screening and landscaping skull be provided surrounding all durnpsters so that durnpsters are shielded from view from all adjacent properties Said screening and landscaping shall conform to the requirements found in the Kempsville/Centerville Associates, LLC Page 3 of City of Virginia Beach Parking Lot and Foundation Landscaping guide 5 Any freestanding sign shall be monument style with a brick base that matches the brick depicted on building elevation referenced in Condition 2 Such sign shall not exceed a height of eight (8) feet and shall be externally [it from ground level The hours that the mini -warehouse may be open for customers access to the storage units shall be limited to the 6 00 a m to 9 00 p 7 All exterior lighting steal! be low intensity and residential in character and shall not be erected any higher than fourteen (14) feet According to Section 237 of the City Zoning Ordinance all outdoor lighting shall be shielded to direct light and glare onto the mini -warehouse facility Said lighting and glare shall be deflected, shaded and focused away from all adjoining properties Ali fencing visible from either aE public right -of -way or from the adjacent parcels to the southwest shall be wrought iron -style No barbed wire, razor wire or any other fencing devices shall be installed on the roof or walls of the building or on the fence on the property 9 No storage of flammable or hazardous materials shall be stored in any unit 10 There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building 11 Drive aisles shall be at least 18 feet guide to accommodate emergency apparatus 12 Noon -site business shall be conducted from any storage unit 13 The units shall be used only for the storage of goods The units shall not be used for office purposes, band rehearsals, or any other purpose not consistent with the storage of goods No public assembly or continuous occupancy of the units shall be permitted s Attachments Staff Review Disclosure Statement Planning Commission !Minutes Location flap Recommended Action Staff recommends approval Planning Commission sion recommends approval Kempsville/Centerville Associates, I.LC Page 4of4 Submitting Department/Agency Planning Department City Manager KEMPSVILLE / CENTERVILLE ASSOCIATES / # 19 October 9, 22 General Information: APPLICATION B11-210-CUP-2002 NUMBER REQUEST ADDRESS Conditional Use Permit for mini -warehouse South side of 4 empsville Road, 580 feet west of Centerville Turnpike Ae I ' 4 8- „ - �� •rt L]I 7— B ` rA Ar IL Gpin — .Sec. Ap fifahon GPIN 145581337100005145590047700000 Planning Commission Agenda October 9, 22 I E IPS ILLE CENTER ILLE ASSOCIATES Page 1 ELECTION DISTRICT 1 — CE JTER ILLE SITE SIZE 9 31 acres STAFF PLANNER Carolyn A K Smith PURPOSE To operate a self -storage facility with 900 units Mayor Issues: Degree to which the proposal is compatible with adjacent residential properties and other surrounding uses in terms of architecture} noise and overall operational procedures Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoning There is a single family dwelling on one of the parcels with access via Centerville Turnpike The majority of the 9 3 acre site is wooded and currently zoned B-2 Community Business District Surroundinciand Use and Zoni[!g North th Single-family dwelling, restaurant, auto sales, fuel sales, veterinarian R-5D Residential District, B-2 Community Business District South Single-family dwellings - Residential idential [district East Centerville Turnpike, shopping center with mixed retail, single-family dwellings 13-2 Community Business District, R-7 5 Residential District Neat Kempsville Road, single-family dwellings, church Planning Commission Agenda October ,202 KEMPSV IL.L CENTE VILLE ASSOCIATES 1 Page R-1D Residential District Zoning Histo[y This project actually contains two parcels The larger parcel of the two acres) was rezoned by City Council from R-8 Residential District to -2 Community Business District on February 13, 1984 There were no conditions attached to that rezoning The smaller 2 74 acre site to the south was rezoned with conditions by City Council from R- D Residential Duplex District to -2 Community Business District on July 11, 1988 The conditions attached to that approval that are applicable to this request included vacating the internal property line, limiting the number of curb cuts along the rights -of - way utilizing best management ement practices, and landscaping and screening requirements Similar requests for rezoning from residential to business were denied and withdrawn in 1985 and 1987 respectively on a parcel to the south other activities in the area include use permits for auto related services as well as permits for a borrow pit and communications tower Air Installation ComiDatible Use Zone (AICUZ) The site is in an AICUZ of less than fiSdB Ldn surrounding NAS Oceana Natural Resource an Physical Characteristics The site is located in the Southern Watersheds Management Area The site is heavily wooded with a mix f hardwood and pines, however, the size of the caliper of the majority of the trees indicates that the site was harvested for timber at some point in the last 30 to 40 years Public Facilities and Services Water and Sewer Water There is a 12 inch water main in Kernpsville Road fronting the property There is a 20 inch water main in Centerville Turnpike fronting the east side of the site This site must connect to City water Sewer There is a► 30 inch force main and a dry 12 inch sanitary sewer main in Kempsville Road fronting the property There is a 20 inch force main in Centerville Turnpike fronting the east side of the site This site must connect to City sewer Planning Commission Agenda October 9, 2002 KEMPSVILLE / CENTERVILLE ASSOCIATES / # 19 Page 3 Transportation Master Transportation Plan (IVITP) / Capital Improvement Program (CIP) Kempsville Road in the vicinity of the proposal is considered a four lane divided urban arterial It is designated on the MTP as a 100 foot right-of-way divided with a bikeway There are no plans within the CIP to upgrade this roadway According to the MTP, the desired ultimate nght-of-way width for Centerville Turnpike is 143 feet The applicant's representative is aware of this and has provided a 24 foot area parallel to Centerville Turnpike to accommodate this reservation Traffic Calculations Street Name Present Present Generated Traffic Volume Capacity Ierrp sville Road 27000 , Existing Land Use 1'-- 5 10 ADT , ADT 17 300 Proposed Land Lase — 406 A T rage Daily Trips as defined by current B 2 Community Business District zoning 3 as defined by proposed use Public Safety Police The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CEPTED) concepts and strategies Fire and Gated sites shall provide for Fire Department access using the Rescue Knox or Supra system and have a fail-safe operation in the event of a poorer failure Comprehensive Plan The Comp rehen ive Plan identifies this area as planned for retail, service, office and other compatible uses within commercial centers serving surrounding neighborhoods and communities The Plan recognizes the importance of preserving and protecting `the character of eating stable neighborhoods against inappropriate land use intrusions while recognizing the legitimate public need for a limited amount of compatible support Planning Commission Agenda October 9, 2002 KEI IPSVILLE CEl TER ILLE ASSOCIATES 1 Page 4 activities " (page 1) While a large tract of land to the south is not yet developed, a plan is under review in the Development Services Center for single-family dwellings on that tract The Plan's policies require adherence to high standards of appearance and function for future development in the l ernpsville area as a means of buffering these future residential property owners and protecting property values Summary of Proposal Proposal To construct a mint -warehouse facility on two parcels totaling 9 61 acres Conditional Use Permit is required for mini -warehouse facilities on property zoned -2 Community Business District There will be an on -site manager responsible for operation of the facility 2 hours a day, 7 days per wee The hours of operation are 9 00 a rn to 5 oo p m on Monday through Saturday and 10 00 a ran to 2 00 p m on Sundays Site Design The site plan depicts seven one-story storage buildings and a 32 foot high office building and manager's residence with a 30 foot by 40 foot footprint Seven parking spaces are shogun on the plan to serve the proposed office and residence The handicap space must be relocated as close to the entrance of the building as possible A wet stormwater management facility is depicted along the southeast property line The property owner has reserved a 43,194 square foot out parcel along Kemp ville Road Development of this parcel will have to adhere to Sections 23 to 249 of the City Zoning Ordinance regarding retail development A 24 foot reservation parallel to Centerville Turnpike is required for the ultimate right -of -gray width of 143 feet Portions of the existing side yard will then become the front yard and all buildings must be setback at least 35 feet Planning Commission Agenda October 9, 2002 KEMPSVILLE / CENTERVILLE ASSOCIATES I # 19 Page 5 from the reservation This through lot will actually have two (2) fronts and no rear Vehicular and Pedestrian Access Ingress/egress to this site is via an existing entrance off of Kemspville Road This entrance will be shared with the outpa►r el to the east No access to the site is proposed off of Centerville Turnpike 0 The interior drive aisles are a minimum of 30 feet in width 0 Pedestrian access is adequate for this use Architectural Design. The elevation depicts a 32 foot high office and manager's residence with a green standing seam metal roof A large expanse of tinted glass is proposed along the northern half of the front faade and the westem half of the east faade The exterior of all buildings are proposed with a light brown brick veneer The storage buildings have matching roofs with the addition of faux windows with dark brown shatters The metal doors to the storage units will math the green color of the roof of the office/residence and of the storage buildings • A six (6) foot wrought Iran style fence will serve as the security fence for the facility Large letter signage is depicted attached to the office/residence Landscape and Open Space Design • The minimum required landscape buffer surrounding the facility is depicted on the concept plan Category IV (mix of evergreen shrubs and trees) with a fence/wall is proposed along all property lines adjacent to residentially zoned parcels and Category Vl (fi foot fence with evergreen shrubs) is proposed Planning Commission Agenda October 9, 2002 KEMPSVILLE / CENTERVILLE ASSOCIATES ! # 19 Page 6 along all other required areas The location of the shrubs and the trees must be reversed so that the smaller sized plants will be located along the property line and the larger trees up against the buildings Foundation landscaping is depicted along the fa ade facing Kempsville Road Streetscape landscaping is proposed along both CentervilleTumpike and Kernpsville Road Additional trees will be required along Kempsville Road to meet the requirements of the zoning ordinance Evaluation of Request The request for a Conditional Use Permit for a mini -storage facility on these parcels F acceptable subject to the conditions listed below The larger of these two parcels has been zoned B-2 Community Business for many years The smaller of the two was rezoned to B-2 several years ago with the expectation that the combined parcels would be used for retail commercial uses, and conditions were added to that rezoning to protect any future residential development to the west The applicant, however, rather than developing the property for retail use desires to develop it for mini -warehouses While a quality retail center would be welcome at this location and the smaller parcel was rezoned in expectation of such a center, the use of the property as proposed is acceptable, but only subject to the conditions recommended below which will help to assure that the development is higher in quality and will not be intrusive to the future residential to the southwest Due to the imminent single-family development to the southwest and the presence of residential properties adjacent to the site, screening and design become extremely important It is recommended that the hours of operation be restricted (Condition and that the location of any durnpsters be controlled (Condition 4) as the proposed facility will be located adjacent to residentially zoned properties A 24 foot reservation, parallel to Centerville Turnpike, is required for the ultimate right- of-way width of 13 feet The applicant is aware of this requirement and it is specifically identified on the submitted plan once the reservation is employed, portions of the existing side yard will become front yard thereby changing the required setback from a o foot side yard setback to a 35 foot front yard setback Staff is recommending a condition that recognizes that these setback requirements will likely change and that the final site layout will honor all required changes in setbacks This through lot will actually have two 2 fronts and no rear Approval is recommended subject to the conditions below Planning Commission Agenda KEMPSVILLE CENT F ILLE ASSOCIATES 1 Page L Conditions When the property is developed, it shall be developed substantially as shown on the exhibit entitled, "Layout and Landscape Plan for Mini Storage Building, l ern psville Road, Virginia Beach, Virginia " prepared by Land Design and Development, Inc , dated September 25, 2002 One specific exception is all structures on the property shall adhere to the required setbacks from the ultimate right-of-way of Centerville Turnpike as outlined in the Faster Transportation Plan 2 The architectural design elements and exterior building materials shall reflect the staff report as described above and shall be substantially in conformance with those depicted on the elevation entitled "AAAA Self Storage, Virginia Beach, Virginia," prepared by Andre Marquez Architects, dated September 26, 2002 3 The internal property line shall be vacated prior to the issuance of a building permit for the construction of the proposed mini -warehouse facility The location of any and all dumpsters proposed shall be depicted on the final site plan and shall not be located in close proximity to any residentially zoned property Location to be reviewed at final site plan review and approved by the Planning Director or his designee Screening and landscaping shall be provided surrounding all dumpsters so that dumpsters are shielded from view from all adjacent properties Said screening and landscaping shall conform to the requirements found in the City of Virginia Beach Parking Let and Foundation Landscaping guide 5 Any freestanding sign shall be monument style with a back base that matches the brick depicted on building elevation referenced in Condition 2 Such sign shalt not exceed a height of eight (8) feet and shall be externally lit from ground level The hours that the mini -warehouse may be open for customers access to the storage units shall be limited to the 6 oo a m to 9 00 p m All exterior lighting shall be love intensity and residential in character and shall not be erected any higher than fourteen 0 feet According to Section 237 of the City Zoning Ordinance, all outdoor lighting shall be shielded to direct light and glare onto the mini -warehouse facility Said lighting and glare shall be deflected, shaded and focused away from all adjoining properties ,r4,x IB Planning Commission Agenda October 9, 2002 KEMPSVILLE 1 CENTERVILLE ASSOCIATES 1 # 19 Page 8 All fencing visible from either a public right-of-way or from the adjacent parcels to the southwest shall be wrought iron -style No barbed ire razor wire or any other fencing devices shall be installed on the roof or galls of the building or on the fence on the property No storage of flammable or hazardous materials shall be stored in any unit 10 There shall be no electric or diesel poorer generator or generator fueled by any other source of energy located outside of any building 11 Drive aisles shall be at least 18 feet wide to accommodate emergency apparatus 12 Noon -site business shall be conducted from any storage unit 13 The units shall be used only for the storage of goods The units shall not be used for office purposes, band rehearsals or any other purpose not consistent with the storage of goods No public assembly or continuous occupancy of the units shall be permitted NOTE Further conditions maybe 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 mee#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 Ordnance for further information Planning Commission Agenda October 9, 2002 KE M PSVILLE CEO TERVILLE ASSOCIATES 1 Page � r! a A stpi fill NIFINIMIRIBISIS !Jai 0 NORTH EION -faces Kempsville Road faces the interior of the site faces the proposed outparcel EAST ELEVATION Planning Commission Agenda October 9, 22 KE PSVILLE CENTE VILLE ASSOCIATES 1 Page 11 faces Kempsvdie Road and Centerville Road NORTH ELEVATION .1 , faces the interior of the site EAST ELEVATION Planning Commission Agenda October 9, 2002 KE PEVI LLE CEO TE VI LLE ASSOCIATES # 1 Page 1 Ae- +¢o-•ia WON- poll4f 71 * M1� .IPA WPM \ 46 {L k k. rWONm jig .v c * Cie ui k* Ir tiOL } k' A � Y 40 Jr Opp J� %61 # + , e4LAft1 7� 3 J4L �- rISV Yy� #iI OV I AP % ik* r �. �, r •, j,F' z J xf v r y s * � 4 y •' r - ' IV orbp � Ile APPLICATIG PAGE 4 OF 4 CONDITIONAL USE PERMIT CITY OF VlltGIATIA BEACH DISCLOSURE STATEMENT Applicant s N2rrtc Kenpa%iIle/Centerville AssoclaLes L L C a Virginia limited liabxlcv Company Lzi All Current I Property Owners k%gus, y I l PR PE TV OWNER DISCLOSURE If the property owner rs a CO> POI ATI0N ILst all officers of the Corporation be low- (A flach list ifnecessary) Je-jse el lartin, Maw-Lng "ember iarc_hr G Jacobson,_ Member If the property owner is a PARTNE RS Ill F1RM or other U N I N CO1 PORATED OR G 4,N] 7ATION Jis( all me rn be rs or partners in the organizatjon below fAitach list if necessory) I 13 Check here if Ilse property own e r is N OT a corporation partnership ljrm or other unincorporated � organization If (he applrconi Lr no the currenI owner o (he property complrle di Applscanf Dudosvre section below APPLICANT DLSCLOSURE If the ;ipphcant is a CORPORATION list all officers of rho Corporation below (Auarrh lur ifneressaryj k If the 2pp11can1 Is a PARTNERSHIP FIRM or other UNINCORPORATED ORGANIZATION hst all rnernbers or partners in the organization below (Arrach fist y necessary) hCLk I r i i is xpplic tni as T a corporation par[nc ship firm or other unincorNlal J arginiza<<o I ERTl>" 1 -%i Zo I cerlr v Mat the mformation contamedhereru is fare raid accurafE Kenmpsville CenLervxlle Associates by na[ure Jesse W Martin Hamaging Member Print N-ime - i Commission Agenda Plan October 9, 2002 KEIIIIPSVILLE CENTER ILLE ASSOCIATES 1 Page 14 KernpsvillefCenterville Associates LLC Conditional Use Perrfnt South side ofIKenip4sville Road, d, feet for or less West ofCenterville Turnpike District I Centerville October REGULAR Robert Biller The next item is Item # 19 KempsSriIle/Centerville Associates LL Ronald Ripley okay on thin matter I'm going to pass the chair to Dot wood to chair this I have an interest in the company that actually tried to buy this piece of property not to long ago I don't think it s appropnate for me to be involved ID this application o 111 back out And I also own property across the street so that s probably two good reason Dorothy wood Mr Bourdon`) Eddie Bourdon Thank you substitute Chairperson Eddie Bourdon, a Virginia Beach attorney representing Kempsville/Centerville Associates Mr Chelsey Martin with rare this afternoon as is his consultant Mr Roger Pope so I may call on them if need be for any technical questions to be answered if I happen to not know the answer The parcels of property that we re dealing with are a total of 5 318acres of B-2 commer ialh zoned property that is lust to the west of the intersection of I empsville load and Centerville Turnpike on Kernpsville Road Look at the reap that s up there on the pinpoint and you will see on the corner there is already an a tstincy commercial development on what you could characterize as out parcels along both Centerville and I ernpsville on the subject site there's also an out parcel that is being shown that the proposal would retain To the west is property that is zoned - D Residential av, there are homes along there But I think ultimately it s pretty clear that some other use is going to eventually be put on the rest of that property The particular application before you these property owners have had this property for over 14-15 gears and have been seeking on-uner iatl use of the property for that period of time and the reality is in this corridor there is far more commercial property developed than there is demand for it I know this also because I happen to have the ability of representing the EVW Group It'll be EV Williams who have a significant portion of B -2 property located across Ke psi llle Road Where s a i al Teens on the corner that we were able to sell and have developed but the remainder of the B- ' that cres up Centerville has been on the market for quite some time and the reality of it is there really lsn t a demand in this corridor for retail property Because Woods Coiner across the street there s some other commercial up l ernpsville Road Where s a significant amount of commercial n as you go over into Chesapeake Greenbrier in that area there s a tremendous amount of commercial This area i saturated with commercial development I think it is a fair assessment that what I believe will eventually happen to the west of this property is some form of residential Item #19 Ke p ville/Centerville Associates LL Page development will tale place because I don t believe that you re looing at any potential for commercial 1n that area To do that is goincr to require an assemblage of a lot f lard that i, I think capable of being of assembled but in order to do that I thinly again, you're coing to be looking at some point in the future at some application corning forward for some form of a A- 12 PH with a six to nine unit per acre type of d N elopment to make the numbers work to the west of this site But that conjuncture on my part but I don t th-ink you re going to see under any circumstances tremendous commercial development on this piece of property It s not a demand in the market place for it In that area Unfortunately because that is the highest and best use and if there were a possibility ibilit of pP that ha enlrg that would be a better economic return for these property owners But it" not out there That's the reality because if it were we would have been there before now The application is for a self- storage tacility one that we have revised the plans These are the plans It s a nicer one I've done a number of these before the Conumssion. for City Council This is a nicer one that I ve had the privilege of conung before you The exterior is all brick bnck veneer we ve put faux shutters In fact, I m going to pass this around because this is different than the one you saw this morning You can see it up there we ve put the faux windows on the outside There is n entrance to the property from Kernp vxlle Road with a median break That will be the only entrance even though the property does have frontage on Centerville Turnpike we have no entrance on Centerville Turnpike and we've set the property back from Centerville The plans will be revised as one of the conditions required so that after the eventual widening of Centerville Tumpike under the piaster Transportation Plan requirements, we 11 meet the setbacks there as well we have building that are onl i feet in height A self -storage buildlnas the most part are They re very lour level buildings There are faux roofs on to where you see the metal roofs They loop very attractive but again not large � buildings in terns of their height We are setback fronn Kempsville load we ll be screening from Ke psville load by the development on the out parcel by the developments that already exist out on the comer Eventually the residential that adjoins v l Il the us alono Centerville will be going away with the wid nines of Centerville Turnpike future I don t know what 1f anvthing is likely to happen there I suspect that it will eventually it will all be acquired as the right-of-way acquisition phase of that project when it comes about The conditions that the staff have recommended are acceptable to us It s a low intense use low intensity use The traffic genera�tlon, loop at page of the wnte up If all this was to be developed commercially it could be developed commercially if them was as demand for commercial development, we d be looking at ,000 plus cap- trips per day This use is very limited in the traffic volume that 1t produces we have an area out here there are a good number of nice communities multi -family aeneradly smaller lots and smaller homes and a laan1fxcant amount of m y development ID the area And there is a definite need for this type of use The existing Alexandria neighborhood there was a letter that was received from them One of the issues or one of the concerns they had was potential impact on those hones on John Brown Lane which as you can see from that aerial is excellently depicted Those homes are well over Soo feet from this property Those homes will not have any you know they won t even know this exists in terns of any impacts upon them Again, between therm and the site there will be some future deg elopm nt Where's little doubt about that Item #19 1epvlllc/Centerville Associates LLC Page 3 and as I ve said I believe that will more than likely be some form of residential as to commercial because there is no need in that area for commercial unfortunately There i a City park that was mentioned this morning in the informal that s further west on ernpsville Road You can t see it on either reap It s on the opposite side of Kempsville Toad down right before you get to the Chesapeake City line That property does not adjoin any park sites and the property is wooded at this time but any new development on that property is going to result in a shopping center It could be shopping center, which it would be It would involve cutting the trees down That's going to happen with any development on the piece of property So, with that the only condition of the seven that were recommended by staff in their recommendation for approval of this application that we had any concern with was condition number 6, which I think has been passed out a reprised condition number six that's the hours of operation We have no problem, with the 9 00 p m 1n the evening but we do need to hay a the ability for individuals who would be using the facility to access their units earlier in the day and 00 a m is what we had requested Some of these units are used by people who are pharmaceutical reps and they keep their supplies there and then they will come pick them up when they re going to travel out of town or travel to the doctors' offices Early in the rimoming access for a number of users of these self -storage facilities 1s necessary But we are willing to restrict the hours to 6 oo a m to 9 00 p rn And warn all of the hour conditions are acceptable as it is a facility that will have 2-hour seven day a weep on site resident mana ernent Again from are experience standpoint I thank all of you are aware that this is the hest scenario in order for that to happen You have to have relatively large facility and this certainly is a large facility To our knowledge there is a facility further south can Centerville 'Turnpike that we are fairly certain that we've been told is full we're not aware of any other facilities within a three- le radius 1n Virginia Beach of this site I think there may be a facility or two over in the Chesapeake side of the City line But I rn just trying to address some of the comments that were made this morning 111 be happy to answer any questions I flunk we have a very attractive lugh quality product one that has very little visibility whatsoever from either Kemp ville or Centerville rather than we ve dot extensive landscaping where it adjoins residentially zoned property where it adjoins the -2 we have the required landscaping where we put the faux windows and shutters on the building Dorothy wood Any questions for Mr Bourdon9 John" John Baum Is it standard size for these units or do they varY9 Eddie Bourdon They vary Mr Baum And that s why the number of units scenario really is, and I ve said this in previous applications It can be more or less depending upon the demand and the size of the units John Baum what s the averaO Eddie Bourdon The average size of a unit" 1 ' x 20 or Zoo hundred square feet Would be the average size Item #1 empsvllle/Centerville Associates LL lucre Dorothy wood Thank you Any other questions` Joseph Strange I don't have any questions I would like to make some con= eats Dorothy wood okay Joseph Strange Comment number one is that I will be opposing this living in that area up there one of the reasons is that this does not cro alonor with the Comprehensive Plan for that area out there This is zoned B-20, If you take a look at the size of thus piece of property in relationship to the rest of the property around there between that and the homes, you can see that this piece of property is almost as large as everything else that is behind between that and the development when the smaller puce of property was rezoned, it was rezoned to go along with the urge piece in hopes of making duality commercial retail establishment there f think that if you put a storage unit this size right there in a B-2 zoning area and right across the street you do have a retail shopping center n the other side you have a big drug company they just put there They Just put a drug store there There's a lot of retail there and this is not going to complement this retail I go along with the fact that retail hash t done real well over the }rears there one of the reasons is because of Lynnhaven Parkway has never been expanded all the way out to empsvllle there and that s kind of crashed things there a little hit But, I think if you take and put a storage area this big In that area you re going to seal that Fate of that little section right over there I don t know of any other precedence purposely where we have taken that much B - 2 zoning in an area and just complete) done aw� with it and put storage unit this size I thinly 1t s just going to seal the Fate of that little areas there This is not a regional area This 1s a neighborhood If you were in a retail area somewhere and you were going to do something of this nature you probably wouldn't have that much of an impact But this is not a regional situation This is a neighborhood situation fight there at woods Corner And again having reed in that area for 25 gears I just feel like thus is not going to protect these neighborhoods right there which were stable neighborhoods These were not unstable neighborhoods 'Where's no areal crime in these neighborhoods Where s no problem in these neighborhoods I lust don t see any reason why a retail establishment can't eventually make it here And rnavbe they've invested money and maybe it hasn t worked out good for them at this point Again I don t think we re in the business of bailing out people who male had investments This 1s a bad investment in B-2 It s a bad investment To seal this little area, this little neighborhood with something this large I think it will be a detrimental to the City and to the Centerville District there Dorothy wood Thankq Joe Di we have any opposition? Robert Miller Yes we have another speaker Mr Doyley He doesn t say whether he's in opposition George Doyle Good afternoon Iry George Doyle I rn the property owner that is inunedlately south of this It abuts the longer lD that is what has been rezoned as of Item #1 l emp ville/Centerville Associates, LLC Page what is in your paperwork It says it was done July 11 1988 That adjoins my property I was never notified that was going to be rezoned nor in February of 1 for the larger piece that was done before I ve. been there for over 24 years And, I question the inaress/euess on Kemp ville Road There's no deceleration lane I thought there needed to be I see that they reserved a piece that i s b I ank up xn the low e r quadrant nearest the car lot If they didn t do that there would be room for a deceleration lane I presume I heard that there s no storage facility within three rrules Up Centerville just bacl ng up to woods Corner what is it Woods Farm, across from the Baptist Church on Centerville, there s a storage facility that has been built out on two phases that has either one or two phases rernaining Where s another storage facility up in Acredale across from Kemp River that has numerous storage facilities It s right there less than two rrules away maybe a nine But I can t agree with this or support this And I m against it Dorothy wood Sir, would you please use the pointer and show us your property You have to pick it up George Doyle Fight along there Dorothy wooed Thank you Betsy Atkinson That whole piece`s George Doyle That whole piece It was that little flag lot that was put in there for the phone company that I was told by Planning in 1984 it would never be approved for expansion or bathroom And they have a bathroom and they are expanded to the llnuts of the lard and on nay ingress/egress in my rear portion I have a strip on the south side that males the front and rear property contiguous My wife engineered that with a realtor John Baum Gosh That's two of them George Doyle That s has been a sore point to nay life since 1985 when I ve had nothing but traffic in and out all hours from the phone company children hit b cars or trucks cats run over and killed You try to explain that to a little five year old whose eat s been run over It s hard I can t support anything like this here Dorothy wood Any questions? Don? Donald Horsley Would you support the development if it was l where you would see the backs of building or whatever next to your property" Dorothy wood Any other questions` Betsy Atkinson That little strip right now is still zoned R-5D so that would be George Doyle No That s been ch nged Item #19 Kempsville/CenterN,ille Associates LL Pacre 6 Donald Horsley It's changed George Doyle It's not on your diagram That s also - acL ordln to this was done In 1988 and the larger piece was done in 1984 And I never received anything from the City like I did on this one And I don t know of any zoning south of that that was denied in 1985 or 1987 or unless it perhaps it was northwest Dorothy wood Thank you Mr Bourdon I rn sure you have another few words for us Eddie Bourdon 111 try to keep them brief I appreciate when someone cornments co rnerclal development of the property under the B-2 zoning you 11 be looking at, you know, were going ahead and access to Centerville wh ch this project has absolutely no access to Centerville and if you look we've got a lame BIIP pond and landscaping that involves a significant portion of the shared property line with this gentleman's property If you look up there you can see a good portion of 1t close to half, there s no building whatsoever It s just a rice BIT and landscaping The northem or western portion of the shared line, there is where we got the wider buffers landscapes fifteen foot landscape buffer with heaver landscape screening following bv again the outside is all brick small building with a metal roof as far as small as being height twelve feet in height A ain, if tt you look what this would lay out to again if there were a demand for a strip center and that's where the shopping center will be The parking would be laid out in front of it And you 11 be looking at the lack of a shopping center and the activities that o on behind the shopping center in terms of delivering product and just again as a, and I can't spear for the gentleman obviously but he did indicate he wouldn t support that either but that is what the property is zoned for And given the fact that at some point that piece o property to the west and north is going to develop in a residential manner And I don t believe it s going to be developed in a commercial marinerdust because there i ,lust so much commercial out them This is a far more compatible neighborhood to that type of a use which is what I think will eventually happen there And, you can t get around the traffic impacts of being far far less with this facility I did indicate and I do know there is another facility on Centerville Turnpike south of here I thank I indicated that from our understanding is full Where may be one up further north of Indian River Road on Kempsville Road I m not fanuhar with there being one if them is, and I stand corrected on that and the argurnent about having a neighborhood impact" I m sorry I don't see that Given the fact that the property does not adjoin It's not e,� erg inclose pro lrruty to the neighborhood other than one separated by major thoroughfares or ones that are adjacent to existing commercial I ve done a lot of these over the years and I ve yet to find my residential property owners who would prefer to see a chopping cerfter to their property adjacent versus to something like this facility There's a self -storage facility on Haygood load that adjoins a neighborhood to the homes up there that are in the 0,0004100 000 price ranges when it s done properly dome well they re attractive They re love intense They got all these conditions to restrict noise, etc f think they do represent a good use that has no negative impact on property values of surrounding properties And that is why I believe this would be far better for property values on the Iem #19 Kernsville/Centerville Associates LLC Page 7 property adjaccnt to us than ould be a shopping corner that would die Again there may be some other use that might fit I don"t know what it is Dorothy wood Eddie Betsy has a question for you etsv Atkinson How high is the wall that is going to go around`? Eddie Bourdon The wall is 12 feet in height Betsy Atkinson Then how hlcrh is the fighting It sags here 14 feet so the light 1s going to be above the wall' Eddie Bourdon No You have on the outside you have the raised seam hip roof that goes above that The roof line around that you re looking at there is more than 14 feet in height The 1 feet height 1s here The walls here then you got the roof n top of It So the lighting is below the roof` and all directed downward Betsy Atkinson Okay, because I was just concerned about this gentleman You know he s used to corning into a home and it s black everywhere he is And now he is going to have all this lighting around I just wanted to make sure the Iighting is below the roof7ine so that it is not reflecting back out to his yard Eddie Bourdon It s an excellent point Ibis Atkinson We will definitely make sure that is taken care of in terms of the lighting If we need to adjust it in the backWe need to adjust the lighting hack in this area to make sure there is no impact we certainly can do that That s not a problem Again with the hrruts of hours a re not in a position after o m where we have to have any signif i can amount of llghtin tier than just what tp necssary for security And the whole thing is secured with fencing all the moray around So it is totally a secure site The only way in 1s the gate out here Betsy Atkinson So you can assure hire that at nine after or whatever time it closes 9 o p m that they 11 dirn those lights more? Eddie Bourdon Yeah There s no problem with that whatsoever Again because we get no members of the public that will he in here after 9 00 p rn as far as getting stuff out of their lockers unlike the situation inhere you have 2 -7 where you have security reasons over and above your basic security We can certainly work with dimming the lights if that s an issue I'm not aware of any of the self storage facilities in the City where we really had any issues with lighting creating problem on adjacent properties And those facilities it s pretty easy to do Unlike shopping centers when you do have the need to proN 1de for the safety of the patrons who visit the shopping center lighting at much higher lever during the evening hours again, because of the commercial development You re going to have hours well beyond 9 00 p m I think it will be a far less intrusive use on this gentleman or anyone else who hues ad3acent to it than would be a shopping center Iteran # 1 T emps ille/Centerville Associates, LLC page 8 Betsy Atkinson 1 agree Dorothy wood W 111 William Din Eddie, Mr Doyle brought sornethiri to rimy attention that 1 hadn't notice In before and maybe you clanfy it for rune on page 10 you have a site map and Stephen go to the site reap here It says lease parcel there But the area that we re considering doesn't look like that It doesn t include that little parcel there, in the front Can you explain what that little rectangular r that section is where it says lease parcel is ahouP Eddie Bourdon I apologize will I'm not following you William Din light up here at the entrance on Kempsvllle Road Eddie Bourdon oh I rn sorry I was looking down here adjacent to the property That is n out parcel that is part of this piece of property It is the only piece that is not included This piece right here where you're referring to William Din Yes Eddie Bourdon That is an out parcel that my client is ret inlrg and hopes of being again, to provide are opportunity to build some form of commercial office use on that piece of property on lernps-ville Road William Din That s not part of this ltern9 Eddie Bourdon It's a part of the property Its part of the property zoned B-2 But, it's not part of the Conditional Use Pernut In other words, it's not a rezoning It's just a Use errrut And we filed the Use Pernut on all the property you see in the red hacks s We did not put the Use Perrmt on this piece and It remains as currently as B-2 And it's shown as an out parcel for potential future development if there is a demand for it given its location on the street Secondarily it maintains what you have Mere and that is you really don t have any real visibillty of the bulk of the storage area from I empsville Road From here, you 11 wind up having as you have here some conunerclal development and again you got it here So that was also part o the think-ing The commerci 1, again e don't have a user for 1t because at this point there isn t a demand for it but them is always a possibility for a small site that you may fired someone who wants an office building or wants some type of a special commercial use But that s a lot easier to find a market et for than a large shopping center William Din Maybe a question would we be able to see what would cro on there Mr Scott or anything's How would that be developed` Robert Scott Well, as it stands now you wouldn't whether it 1s subdivided out some day And somebody would put an out parcel on there, whether it's a fast food place or Item # 19 Kernpsville/Centerville Associates LLC Page 9 drycleaners or whatever I haven't given anv thought to that issue until you just mentioned to be honest with you But maybe I'd have to think about how we could attach a condition to this that got you the opportunity to look at it we would have t decide on what criteria to look what would constitute a good use`s what would not constitute a good use? You kno x one of the bid questions here and I guess this goes back a little bit to what Mr Strange was bringing up I thinly we reed to address the question Is this or xs this not a good site for retail, generally speaking' we would have to hold to what s there William Din I kind of agree with what you re saving there but having a parcel that night be developed with something that we have no control over is a little concerning I thinly the overall de eloprnent of the site is a very large parcel that we re developing anyways I also have a little concern with that But the front park faces Kernpsvllle load is are important aspect of that I don t know what kind of condition, again I was caught a little surprised by thi to Robert Scott well Stephen's got to leave but he just reminded me before he left but as far as appearance goes we would at least have the Retail Design Guidelines to help out somewhat, but that doesn t really get to ` use If there are some uses that bather you more than others you really donut have a tool that I can come up with this moment as to hour to address that Dorothy wood Don' Donald HorsleN The fence does go around? It s hard to see on there But the fence does o around the barn' Eddie Bourdon The fence goes around the interior There is n fence n the exterior It s just pond and landscaping Donald Horslev So between Mr Doyle s propeny and the pond there won t be any fence Eddie Bourdon No It's just going to be natural all natural area with no improvements at all Theoretically, we can do that but I wouldn t thinly that would be what you would prefer We just got the wooded area and the pond all separated I mean there s no access to that other than the stormwater The rest of this is all seffgated and this would remain in a natural area, which I would think would be more attractive next to this current residential use than would be having a fence all the way around If I might digress, to and I may be opening up a can of worms but my client because we are perfectly willing to add a condition that any development of this out parcel in terms of the appearance that it would be reviewed by Planning Department or thus body we aren t at all concerned about the desire I mean we re in agreement with your desires as far as seeing what would go there when that occurs That's not sor�nething we would have any version to in terms of wording If you could come up with the wording of the condition Item 419 Kempsville/Centendle Associates, LL page to that you have over site over the development of that out parcel that s doesn t present any problems for my client Betsv Atkinson one more quick question Is that pond going to be caret or dry Eddie Bourdon It will at least in part be wet I'm not sure we continue to do all the borin s in terms of what kind o infiltration you ve got All caret okay, sorry It 11 e all wet It won't be some it 11 be all wet Dorothy wood okay .Any other questions`) Mr Bourdon thank you Is there any discussion` Robert Miller No 111 repeat what I said this morning first and then that Joe and I talked some too I feel like obviously, his concern is one that is one and I should point out I think Mr Bourdon meant that the other rrnnl storage was north of this on Centerville Turnpike not south but that s okay I just wanted to make sure that I wash t lost Again retail in this area just seerans to have had trouble in the past and it does concern nee that wanting for more retail to develop again, it's not necessarily waiting but what use can be applied what rights do the owners have to be able to develop their property in a reasonable way9 It s a large project and I thought that when I first saw it and I do really think it's a large n'uni storage project But I don t get into peoples business plans and why they do things the way they do there And, I just think if we are not mooing to end up with retail developed on that property would there be a better use for this`? I think Mr Doyle kind of answered In his opinion, he is probably doesn't want the retail either I don t know if there is a better use It would have to go back to residential! perhaps And, that's traffic and this intersection has got a lot of traffic pressure on It already So, I think the mini storage, and I'm sorry Joe You and I respectfully disagree on thi one It s probably the hest choice with the conditions that staff has put on them Dorothy wood Don` Donald Morley I guess I kind of agree with khat Bob said It s an odd shaped piece of property to start with I guess you could look t it as a temporary use You still got the B-2 zoning on the property so years down the road if there was a reed I guess it could he redeveloped but right no it looks to me like this is probably one of the best uses you could put on that It really loops life a nice project I was just a little bit concerned about the safety issue with the BMP not being fenced but we don t fence them all anyways So I guess I intend to support the project Dorothy wood Anyone else' Eugene Crabtree I d life to al a motion that e approve the project as presented Robert Miller Second Item # 19 ernpsville/Centerville Aseiate, LL. 1' � 11 William Din I like to at least to have a condition dei eloped I cruess prior to presentation to Council that this lease parcel be reviewed by staff or somebod 3 prior to del elop1n or to meet some kind of cruidelines I m not sure what kind of words what need to he said here Dorothy wood Can we add that to the m tion9 Robert Miller Second acrreement Eugene Crabtree Yes Dorothy Wood Any other discussion? we're ready to vote AYE 7 NAY 3 ABSENT 0 ABS I AT INS N AYE BAUM AYE CRABTREE AYE DIN AYE H RSLEY AYE MILLER AYE RIPLEY ABS S LLE" NAY STRANGE NAY VKS AYE WOOD NAY Dorothy wood By a vote of 7-3 with one abstention the notion passes Ronald Ripley Okay The meeting is adjourned Map H 3 1k. . _ r% , a M4� ^ te Aa _ , WIN ` ■ X = ■� � '� `� �� ' � �� � � � ■ � � / & , ■ � ■ . _ �� � � � � �� - � �� � ■ 4• Rpo ■ ��- � � � �.■ ■ � { �. . � � �•� � � � � � � ■ � Ad Gp■n 1499-4-5--2850 - 35--7627 ZONING HISTORY 1 Conditional Use Permit (church expansion) - Granted 2- 1 0®98 Co n dit ion a U se Pe rmit (ch u rch ) - G ra rated 11 -24-86 2 Subdivision Va n an ce - Granted 8 -26-97 3 Subdivision Variance - Granted 2 -2 5- 97 4 Subdivision Variance - Granted 1 -2 6-93 5 Subdivision Variance - Granted 1 0 -9 -9 0 6 Subdivision Variance - Denied 8-28-89 7 Change of Zoning (R-40 Residential District to R-30 Residential District) Granted 2-27-89 Subdivision Variance - Granted 2-27-89 8 Subdivision Variance - Granted 1- 1 8-82 r� r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Four Pines Associates, L L C — Subdivision Variance MEETING DATE February 11, 2003 0 Background Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Four Pines Associates, L L C Property i located at the southwest intersection of Wet Great Neck Road and Adair Keeling Road and contains 40 46 acres, more or less (GPIN 1499452850) DISTRICT 5 — LYNNHAVEN The variance request is to Section 4 4(b) of the Subdivision Ordinance, which requires all newly created lots meet all the requirements of the City Zoning Ordinance The proposed lots do not have direct frontage on a public right-of- way This item was deferred by City Council on November 12, 2002 at the request of the applicant so that this request could be heard by the City Council at the same time as the subdivision variance request for the adjoining lot (application of Andrew Munch) ■ Considerations There are two existing (2) parcels containing approximately 40 acres Lot FP-1 (approximately 20 acres) has frontage along West Great Neck Road while lot FP- 2 (approximately 18 acres) has no direct frontage along aright -of -way Both lots are within the Chesapeake Bay Preservation Area and contain environmentally sensitive features such as tidal wetlands and highly erodible soils Since 1989, the City Council has reviewed sic subdivision variance requests in the vicinity of this site, five of which have been approved The majority of these requests were granted for parcels that lacked the required street frontage but net and often exceeded the minimum lot size Several of the variances granted were for property, in close proximity to this request, which members of the applicant family have owned for many gears For the purposes of constructing a single-family dwelling within the landward 50 feet of the Resource Protection Area, it is the latent of the applicant to subdivide out a 1 58 acre site (Lot FP-3), primarily from lot FP-2, that does not meet minimum lot width This variance would also "legalize" existing Lot FP-2 (previously recorded by deed), which currently does not have access to a public Four Pines Associates Page 2 of 2 right-of-way The legal access for Let FP-3 and for Lot FP-2 is proposed via a 20 foot wide ingress and egress easement that follows an old farm path to Woodside Lane The current request would permit the applicant to create this lot, the building area of which was permitted by the Chesapeake Bay Board in November 1995 The applicant now creeds to legally record this lot prior to anticipated changes in the rules for the Chesapeake Bay Preservation Act Those rules may have the result of making the creation of this lot impossible Unless this lot is recorded prior to the rule changes, the applicant's rights to development as granted by the Chesapeake Bay Board may be eliminated The constraint presented by the Chesapeake Bay Preservation Area and presented by the potential modifications to the Chesapeake Bay Preservation Act regulations have resulted in this applicant's hardship, necessitating this request for a subdivision variance Based on the hardship associated with this parcel due to the Chesapeake Bay Preservation Area and on the submission of a conceptual plan that shows how this parcel would integrate with a larger plan of development for this property, Staff finds that "authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected ' Staff recommended mended approval There was opposition to the proposal ■ Recommendations The Planning Commission passed a motion unanimously by a recorded vote of 11-0 to approve this request ■ Attachments Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended ! Action Staff recommends approval Planning Commission recommends approval Submitting DepartmenUAg ncy Planning Department City Manager S ABA Ile r 04 IN • C ---� ULI eoe or Bch LL Malaga jr CL UL 2 c uj cc t iROW < • . . 5 � �s L� M y5 mr Y / 22 L r � 7FOUR PINES ASSOE - -- I - j CIATES, L.L.C. / # 5 October 9, 2002 UPDATED October 14, 2002 (in italics) General Information: APPLICATION H03-21 O-SVR-2002 NUMBER REQUEST UEST Subdivision Variance to Section f the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance The proposed lots d not have direct frontage on a public right-of-way ADDRESS Southwest intersection of West Great Neck k Road and Adam Keeling load L. k Olt I R 3 { rhro ' R- 40 A 01 R 40 a �f CHftCL .� 4 1 RIAO 20 I lvr J Gpur 149"5-- 850 — 35-76 GPIN 149 945285 , 1499 3 5 762 Planning Commission Agenda _. October 9, 2002, FOUR PINES ASSOCIATES, L L C Page 1 ELECTION DISTRICT - LYNNHAVEN SITE SIZE 40 463 acres STAFF PLANNER ER Carolyn A K Smith Major Issues: Presence of a hardship justifying the variance to the requirements of the Subdivision Ordinance Site Plan / Preliminary Plat: Existing Lots There are two (2) parcels containing approximately 40 acres Lot FP-1 (approximately 20 acres) has frontage along West Great Neck Road while lot FP-2 (approximately 18 acres) has no direct frontage along a right- of-way Both lots are within the Chesapeake Bay Preservation Area and contain environmentally sensitive features such as tidal wetlands and highly erodible soils Proposed Lots It is the intent of the applicant to carve out a 1 58 acre site (Lot FP-, primarily from lot FP-2, that does not meet minimum lot width for the purposes of constructing a single family dwelling within the landward 50 feet of the Resource Protection *AA4,q OCK C),J L�:VV4 Planning Commission Agenda October 9, 2002 FOUR PINES ASSOCIATES, L L C Page LEGEND Area This variance world also "legalize" existing Lot -2, wh1ch currently does not have access to a public rrgFht-of-war The legal access for Lot -3 and for Lot Fri-2 is proposed via a 20 foot wide ingress and egress easement that follows an old farm path to Woodside Lane Lot Width in feet 125 1438 0* 0' Lot Area in square feet 40,000 871,935 820,901 69,245 *Variance required Land Use, Zoning, and Site Characteristics Existing Land Use and Zoning The heavily wooded, vacant site is currently zoned R-40 Residential District The site is a part of a large family faun consisting of a farmhouse and accessory structures, two single-family dwellings to the south, equestrian areas and cultivated fields Lots FP-1 and FP-2 are currently under cultivation Surrounding Land Use and ZoniDg North 0 Woodside Lane • Single-family dwellings R-40 Residential District South 0 Single-family dwellings R-40 Residential District East 0 west Great Neck Road R-40 Residential District West t Single-family dwellings R-40 Residential District Planning Commission Agenda October 9, 2002 FOUR PINES ASSOCIATES, L L C ## Page Zoning History Since 1989, the City Council has reviewed six subdivision variance requests in the vicinity of this site, five of which have been approved The majority of these requests were granted for parcels that lacked the required street frontage but met and often exceeded the minimum let size Several of the variances granted were for property, in close proximity to this request, which members of the applicant's family have owned for many years Air Installation Comoatible Use Zone, (AICUZ) The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana Natural Resource ,and Physical Characteristics This site is located in the Chesapeake Bay watershed Portions of the property are located in the Resource Protection Area (RIPA), the more stringently regulated land within the Chesapeake Bay Preservation Area, and contain tidal wetlands and highly erodible soils There are also a large number of mature hardwoods on the site Public Facilities and Services Water and Sewer Water There is an 8 inch water main fronting the north side of the property, in Woodside Lane and Adam Keeling Road There i inch water main in Nest Great Neck Road This subdivision must connect to City grater Severer There is an 8 inch sanitary sewer main in Woodside Lane fronting the property and 8 inch sanitary sewer force main in Woodside Lane and Adam Keeling Road fronting the property These lines connect to a 16 inch Hampton Roads Sanitation District force main located in Vilest Great Neck Road This site must connect to City sewer Should thrs variance for this one lot be approved and plans for a dwelling on the lot be submitted, calculations will be required from the applicant to determine where the water and sewer connection should be made (Woodside Lane or West Great Neck Road) Planning Commission Agenda October 9, 2002 FOUR PINES ASSOCIATES, L L C Page Comprehensive Plan The Comprehensive Plan identifies this area of the City as Suburban Residential/Love Density, an area planned for residential uses at or below 3 5 dwelling units per acre Evaluation of Request Section 9 3 of the Subdivision ordinance states o variance shall be authorized by the Council unless it finds that Strict application of the ordinance would produce undue hardship The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected 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 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 such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance The Chesapeake Bay Preservation Area Board reviewed and approved a request for land disturbance in the resource Protection Area for the construction of a single-family dwelling on November 27, 1995, with the following conditions The limits of construction on the proposed building site shall be identified on a revised site plan and must be approved by the Planning Department All accessory structures must be shown on the resubmitted plans No development activity shall occur channelward of the landward 50 feet portion of the 100 foot Planning Commission Agenda FOUR PINES ASSOCIATES, L L c # Page buffer 0 Tree mitigation for trees six inches in caliper and greater shall be at a 3-1 ratio All of the property located outside of the defined limits of construction shall be left in a n at u ra I state The septic tank primary and reserve drainfield areas shall be shown on the site plan and must be located outside the seaward portion of the 100 foot Resource Protection Area buffer A revised site plan meeting the above conditions shall be submitted to the Planning Department for a full plan of development review and approval prior to the issuance of a building permit Subdivision variances have been granted previously, on four separate parcels, t provide for residential development on this family owned property The proposed lots are part of the Addington family farm: which was divided by deed into large parcels The current request would permit the applicant to create this lot, the building area of which was allowed by the Chesapeake Bay Board in 1995 The applicant now needs to legally record this lot prior to anticipated changes in the rules for the Chesapeake Bay Preservation Act Those rules may have the result of making the creation of this lot impossible Unless this lot is recorded prior to those rules, the applicant's rights to development as granted by the Chesapeake Bay Board will be eliminated The natural resource impact on this site of the Chesapeake Bay Areas and the potential modifications to the regulations have resulted in this applicant's hardship necessitating this request for a subdivision variance Discussions with the Addington family and a recent informational submission (not formally submitted) to the Chesapeake Bay Preservation Area (CBPA) Board indicate that the owners of the farm are exploring several possible development scenarios An orderly development plan will hopefully alleviate the need for fiuture subdivision requests for individual lots as well as provide City water and sewer to this parcel as required by the Department of Public Utilities While the CBPA Board did allow for a septic system, Public Utilities does not feel that connecting this lot to City water and sewer is beyond normal requirements and will thus require that connection Should this variance for this one lot be approved and plans for a dwelling on the lot be submitted, calculations will 6e required from the applicant to determine where the water and sewer connection should be made (Woodside Lane or West Great Neck Road) Planning Commission Agenda October FOUR PINES ASSOCIATES, L L c Page Staff concludes that `iauthon ation of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected „ This request for a subdivision variance is, therefore, recommended for approval NOTE Upon granting of a subdivision variance., a final subdivision plat must be submitted to the Development services Center for approval and recordation Further conditions may be required during the administration of applicable City Ordinances Planning Commission Agenda October 9, 2002 FOUR PINES ASSOCIATES, L. L C Page y GREAT p ITVt4soy-- # L -� A0 Lk W&I PL 161 , W' -s AMR!- 2 JL S f — rn { % �' r •` ROC LEGEND k,� N Z_%,- h J 's �d l V 3 d Ado Y SHEET QF w 1 4 Planning Commission Agenda October 9, 22 FOUR PINES ASSOCIATES, L L C Page r 01 pp r " N yak i k or dio .4► �' it *. %. �16 ���. F• � fir° . �� � � � jlZ . �' 2- $� v } w r r cr N• a � � . o Ac k •,h i y �.���N°�"�°i''+w� • 'L , 9�'I' k � 4� �, " :'� � � k.�.. "U`� i .� :'�j �R ' f' * 46 . #` �' "°• 'a. ,,, ?l:. ram. iL� 4/ a* ofIle Lu 4, irry ljo • .f ..i-n'r. ' ror LQ 74 w IFF.° ,i % J , �' ' R .� ., --iMi° �..9a .. ri'* . 4S'"' r* ►` r eA At Ff � H r � r • k lid JIF Aor * �• o [- Funning ommission g na p: 'E October9,2002. OUR PINES ASSOCIATES L L C I ## 5 Pa cue AFVLILA I i t ICE 4 O F 4 SUBDIVISION VARIANCE CITY OF VIRGINIA BEACH r DISCLOSURE STATEMENT Applicant's Name -� S.. List Ali Currenr Properry 0waers r r PROPERTY OWNER DiscwsuRE If the property oixmAz Ls a CORPORATION list all officers of the Corporauon below tArrach ur if necessafv) I if the property owner is a PA RTNERS HILP FIX&I or other UNI NCORPORLATED ORGANI 4TI N h it -ill members or partners in the vfganizauon below (Anach list if necessary) a Check here if the properly owner is NOT a corporation pumership firm or ether unincorporated t organisation If Ili eapphcant as rive the current owner of diepropeM complete the Applicant Disi,losure section beloit APPLicA T DiscwsuRF, If Lhe hcant is a CO O �i OIL f I �c a au be w f4rr ch hst i(n arm) PP R. T'I is � ol'� ers f the �rgor on �c� a �css 4 If the applicant is a PARTNERSHIP TNERSHIP FERMI or other LIN INCORPORATED A II A' ION ]r t all mernbrrs or partners in the organizati.an below rAstacA list if nevessary) I 14 i Cl Cheek here 3( the appitcznt is N OT a corporation parmexshtp firm a othez unincosporate d organ i zat 1 a n I CERTWICATION I certfy that the information onfamed herein ts true and accurate ff i Planning Commission Agenda October 9, 22 FOUR PINES ASSOCIATES, L L C Page 1 Fa�.r Pi r1es }}5sacicf�s, LC Parrners Nancy A. fight Meth D Addington 'Enc W Addingtoja o b r t C Addingt. sae B Addington J C Ad.dm t n, Dj W N1 Pauano,, M Leslie H Passano Kemp I-Lij Jose Barnett Hugh T Addington Memck lVfuuav Jane T=e l a eth A Twoh Dabney Napolitano Helen Wlutteore Margaret Deb an Kemp F Hill, Custachan for W1i Harrison Kemp P Hi -IL Custodean for Matthew r K Hffl Kemp P Hill Cus odLan for Edward P RiU Kemp Ham, Custodian for VnZiwa Joseph C Addmgton, it Helen Addmgtou Passazo Margaret k `woh evm NLchaels Fredenck N p htano _e�tO�.aE4, Planning Commission Agenda 0 October 9, 2002 FOUR PINES ASSOCIATES, L L C Page 11 Four Fines Associates LLC Appeal to Decisions of Administrative officers in regard to certain elements of the Subdivision ordinance Southwest intersection of west Great Neck Road and Adam Keeling Road District Lynnhaven October 9, 200 REGULAR Ronald Ripley okay This portion of our meeting now will be items that are to be heard in its regular order on the regular agenda And I d want to remind everybody you need to adhere to the rules In fact I think we might even have some discussion on the amount of time on these rules Let me get through this I want to make everybody aware if you have speakers that spoke before you not to be redundant And I certainly don t want to lxnut anybody's rights to discuss something but I do want to get through this matter we do have seven items to hear and we could be here a long time. heanna these seven because we want to be as thorough as we need to be so that both sides are fairly heard So if you give me one second Alright Let s start with the first item and Mr Miller will you please call') Robert Miller First item is Item #5 Four Fines Associates', L L C Are you Nancy Knight" Nancy Knight Yes I am Thank you I thank the Council for the chance to see me today I rn a manager of Four Fines Associates one of four managers And I m presenting a request to preserve our Chesapeake Bay Board vanance that we obtained in 1995 This has been a lengthy process we ve had years of engineering surveys and separate sites picked out with regard to the topographical consideration of the land and also the privacy o f the homeo ners Not just the homeowners w ithin our property of Four Fines and the adjacent properties but also those given consideration to Woodhouse Lane and Adam Keeling our farmly farm actually is divided in several different parcels And some of the opposition that I've heard from just yesterday and today when I understood they wer(- there is that there is development going on Woodhouse Lane now and stops to Lynnhaven My application has nothing to do with this development It is on Woodside Lane My application is only to preserve what I already have Given the fact that the State of Virginia is coming with some legislation in the spring and w had no immediate plans to develop my one lot with any parcel it's so far back into the treeb that the closest access that I have is an existing barn road that my grandfather had there And this is my personal lot I am a member of Four Pine Associates so I am here representing myself as a potential homeowner And because these items have to be put to record is what I understand before we can even develop a site plan, I rn sorry a building plan for a single farmly home That s the reason why I m here is to ask for that variance for the ingress/egress to this property Thank you Item # Pour Pines Associates LL Page Donald liplev Is there anv questions for Ms Knight? No questions`? okay Thank you very much Nancy Knight Thant. you Robert Miller we have opposition Dennis Hobbs` Dennis Hobbs Conumssioner Council I'm President ofthe Great Neck Point Civic League And f ve had several calls over the last couple of days about this proposal we do not object to the variance what we object to is the location of the access road for the construction on the piece of property here and the future development that is part of this k%Thole plan The proposed access road cones in off of Woodside Lane It comes down croes down through and to the dot there This is to be used as a construction road and also a utility hookup will be on Woodside Lane which we also object to we feel that it s better both to have the access road come in off ofNest Great Deck Road d nd Addington Road where there s already an existing road oft of Addington Load that goes back almost to the property in question And also we feel that the hookup for the utilities for that and for future development would be a benefit by going up to Nest Great Neck Road which has a larger utility seiner main and water main Thank you Ronald Ripley Do you have any questions of Mr Hobbs") John Baum I wish a all could have discussed this if we had a map we could read Ronald Ripley There is a pointer Can you see' It s not a pointer it's a little laser I assume it works There we go Can you point =9 You said there s a construction road's Dennis Hobbs This is the proposed construction road right here The entrance off of Woodside Dane it comes down this way down here into the lot in question nght here There s are exil;tma road that comes down and off of, this is Addington Road right here it comes down off of Addington Road and comes down into the woods right here 'which is already there Like I said vve feel that this road ikould be much better used and it s already existing road rather than creating a construction entrance over here, which is right across the street from the preschool that exists in the church And I have a letter from the church objecting to that entrance Ronald Ripley Mr Miller has a question Robert Miller when you say a construction road this morning we got into a discussion about the ultimate development plan Is that what your re `emng to Dennis Hobbs Part of the application ikk hich puts the future deN elopment plans in there is the creation of the twenty foot wide construction road at that point nght there Which is now a ten -toot gate that allows the entrance of farm equipment tractors and things Item # Four Pines Associates LL Page usually in the spring and then in the fall but as it hasn t been used in several years because the area is not agricultural Robert Biller But you understand that we re not dealing with the ultimate development plan Dennis Hobbs Correct Robert Miller Construction access All we're dealing with is this one lot and are you now referring to that fact that there s construction access through this ingress/egress easement for the one house Dennis Hobbs Yes sir Robert Miller That is of ncem" Dennis Hobbs Yes sir Robert Miller For one house's Dennis Hobbs well F obert Miller Or is it really for the potential other houses that will be there Fm just trying to clear up because we had confusion this morning Dennis Hobbs It is both because once you build the road then anv future development is going to be through that road Robert Miller Well not necessarily But that's not ghat we're dealing with today We're dealing with the one lot and the one particular situation So, we were confused some this morning and I think it is perhaps a confusing issue because there's a potential that this property will be developed into other lots And I think agzun, reading between the lines the real concern is that if you re building one house, maybe that s not as, I dory t want to spear for you but that perhaps is not a big a deal but if you were to be building 40 houses that rrught be of a greater concern And perhaps that is what we should really be tall in or about I'm lust trying to clear up I don t thinly we're dealing with an issue of t7lconstruction access at least not in my nund for one house Arid listening to you I don t see that same assumption Bennis Hobbs It is my understand that the Phase 11 and Phase III plans were part of this original, this variance right here because it had to be that way from Planning That s my understanding of the thing And as such it brings to light the fact that this is the construction Item # Four Pines Associates LLC Page 4 Robert Miller Can I ask her Carolyn am I nuunder tandxng Aren't a clear that this is only dealing with the one lot the CBPA appro� al 1n 199 5 and the ingress/egress to that lot but not to the proposed subdivision that may come in some pojnt Carolyn Srruth Correct And it ixas the application to the Chesapeake Bay Board for similar lot or for another lot Robert Miller You lust need to pull it down Carolyn Srmth Another family member has recently subrrutted a request to the Chesapeake Bay Board The Chesapeake Bay Board said to there we would like to loot at a conceptual plan of the entire farm as to }pow you re going to deal with the entire o acres instead of just this piece now Subdividing And that s ghat generated the concept plan that they're talking about .1 b rt h filler But that's at the CBPA Board and not for us to decide on today' Carolyn Swath Correct Ronald Ripley Betsy Atkinson got a question` Betsy Atkinson Yeah But Carolyn is that conceptual plan at this point shoring a major 1nress/egress access into the ages through this particular barn road Is that where the main entrance feciture to all the new homes would be or can that rile moved' Carolyn Swath The min entrance and I think the only entrance shown on the concept plan is off` of West Great Neck Road What s sbo n on there is also the existing conditions which includes that little fawn lane and that does go to Woodside Lane but the faun lane runs through the muddle of some lots It s hi hl r unlikely that would be used the way that it s shown on this plan Betsy Atlnson So" Dennis Hobbs we have a copy of the proposal with Phase U and Phase III Betsy Atkinson We haven t seen that Can you share that with as? Robert Miller Mr Hobbs e have a copy up there Betsy Atkinson My question for Carolyn This is going t be the main in re s re I understand the neighbors concern but if it the whole subdivision 1s going to come in off of west Great Neck Road and maybe one little road that goes out to goes out to Woodside that would Item # Four Pines Associates LLC Page 5 Dennis Hobbs The way that I read the Plan, they re going to use this road right here as the construction entrance and construction for all of the development is going to take place on this whole 40 acre piece of property Eventually the road will come in, like I said on that little a istiner dirt road that comes in here it will hook around and will be kind oflike ar circle here Phase II comes darn past this right here and ends in a little cul-de-sac which still uses this road as the main construction entrance Then Phase Ili still uses this construction entrance and then eventually they circle this around and there s this one entrance over here They close this over here But we're talLn.g about a period of probably ten years where we are going to have construction traffic coning through this entrance here and that s what we re objecting to for both the initial lot right now and any future development Like l say, it is my understanding that this part or was part of this variance That's all l have Ronald Ripley Any other questions'? Robert Miller They re no other speakers Ronald Ripley No other speakers okay Alright Ms Knight, would you like to come back up" Any rebuttal's Nancy Knight I'm very thankful that you have there here to come before this Council and tell us what their concerns are Because I really relieve and I know that our grandfather believed in this as well that the concerns of those around us and their privacy are certainly a concern of ours as well As a matter of fact, the neighborhood that they enjoy was part of our farm and I had a direct participation in developing the Keelingwood Subdivision Many of the letters and emalls that we've gotten yesterday and today were people who live as far as eight tenths of a mule away And I m not good at using this as pointer but I'm going to try here Thank you That would be a great overall aerial would help a lot Yes okay Alright Addington Road and west Great Deck, this entrance here is the original two-lane road that came off of the old bridge okay This was our fanuly farm that was condemned by the State of Virginia hack in the 70 s and thus Great Neck Road carve through The beautification of Great Deck Corridor was directly in response to us in that condemnation of the land which the State of Virginia tools Okay them we took pride and it s made a beautiful area A lot of the ernails right here Their big concern is this is a private This is not our idea in the very beginning And history will tell us that if you look into this This was the attempt of the engineers to make a better plan for traffic As far as Adarn reeling road goes and this is the stop sign in question this area right here where All Saints Church is, this whole area here Their entrance is closer to the stop sign than 190 feet which our entrance and this is just a temporary old entrance of my grandfathers This is called the old Barn Road at one time and the farmers still can use it if they need too It s not intended to be a construction road This is a 190 feet from that stop sign Engineering from wP Large who w ve been working with has checked the radius of the road There was a question of it being a dangerous corner Certainly with the preschool in that church area and the concerns they have about people going in and out there s a parking lot entrance here and a parking lot entrance Item # Four Fines Associates, LLC Page 6 here And the opening to this gate is not in direct opposition to any opening with All Saint It s kind of like in the center Continuing with dus l elin wood is this whole development here It s a 20-acre tract within this site area there is 60 acres - acre parcels There s 20 here, 2.0 here and roughly "10 here The reason why it s only listed as only 40 is because this property this lot that we are tryinoxto carve out and nand you the topo raphical features and riving the Chesapeake Bay one recommendation is to do the best use of tIns land on the water The best consideration ue can In order t do that what they had told us with the utilities eomimssion They said that this whole area is zoned R= o And it's in the 270 I m not really sure what that mean The encrineer in that office had said that the eight -inch utilities pipe that wines in here off of Woodside Lane would support the - o The way this whole area is zoned There is a concern that there's a greater sewer pipe up here sixteen inch but our whole farmly planned And speaking as a member of the family nay fathers, it s my grandfathers, my father s father Ronald Ripley Ms Knight` Nancy Knight I can say that very quickly that this has always remained to be beautiful jewel in Virginia Beach s crown and we are looking just to take care of that one lot And I hope that addresses some of their concerns Thank you Ronald Ripley Thank you Any other questions` we 11 open this up for discussion An bodv go first Bob' Robert Miller Yeah I think obviously the confusion comes in when you re dealing with a master plan that eventually may come about And rhea dealing with the current situation which is one lot and the CBPA approval that was granted in 1995 I don t really see the ingress/egress easement, which allows access to that particular lot as an issue of any great concern to me particularly from a construction point of view As the plans would come forward for something later on that's going to have to be dealt with by staff Actually it won't even come in front of us unless there's an issue that goes through another s ubdiN ision variance issue or somethinor like that S o I don t have a problem with the way it was proposed and with marina sure that we bring this lot into conformance bayed on the CBPA approval John Baum Is that a rnotion9 Robert Miller And l will so move Betsy Atkinson I will second it Donald Ripley l to, before ore we vote I don t see the nexus between the two either One's variance for the use and another is a by right xs ue If it's an open space application then it would come before us and it would have to decide I don't see the problem eltber So does anybody else wish to discuss its We have a motion by Bob Diller and a second by Betsy Atkinson to approve the request we re ready to Grote Item Four Pines Associates, LLC Pale AYE II XTKIISoN AYE B UM AYE RABTREE AYE DIN AYE HORSEY AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE 4YE V KOS 4kYE WOOD AYE NAY 0 ABSENT Ronald Ripley B� a Vote of 11-0 the motion passes WE PPA At di Pod ;o i� ZONING HISTORY 1 Conditional Use Permit (church expansion) — Granted 2-1 -9 Conditional Use Permit (church) — Granted 11 -24-86 Subdivision Variance — Granted8-26-97 Subdivision Variance — Granted 2-2 -9 Subdivision Variance — Granted 1-2 -93 Subdivision Vanan ce — G ranted 1 -9-99 Subdivision Variance — Denied -2 - 9 Change of Zoning (R-40 Residential District to R-30 Residential District) — Granted 2-2-9 Subdivision Variance — Granted 2-2-9 Subdivision Variance —Granted 1-1 - 2 dr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Andrew J Munch (Four Pies Associates) —Subdivision Variance MEETING DATE February 11, 2003 M Background Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Andrew J Munch (Four Pines Associates) Property is located on the west side of West Great Neck Road, approximately 350 feet south of Woodside Lane (GPIN 1499452850, 1499357627) DISTRICT 5 — LYNNHAVEN ■ considerations There are two existing (2) parcels containing approximately 40 acres Lot FP-1 (approximately 20 acres) has frontage along West Great Neck Road while lot FP- 2 (approximately 18 acres) has no direct frontage along aright -of -way Both lots are within the Chesapeake Bay Preservation Area and contain environmentally sensitive features such as tidal wetlands and highly erodible soils It is the intent of the applicant to carve out a 1 1035 acre site (Lot FP-, that does not meet minimum lot width for the purposes of constructing a single-family dwelling within the landward 50 feet of the Resource Protection Area The legal access for Let FP-4 is proposed Briar a 20 foot wide ingress and egress easement that follows an old farm path to Woodside Lane The heavily wooded, vacant site is currently zoned -o Residential District The site is a part of a barge family faTM consisting of a farmhouse and accessory structures, two single-family dwellings to the south, equestrian areas and cultivated fields Lots FP-1 and FP-2 are currently under cultivation Since 1989, the City Council has reviewed sic subdivision variance requests in the vicinity of this site, five of which have been approved The majority of these requests were granted for parcels that lacked the required street frontage but met and often exceeded the minimum lot size several of the variances granted were for property, in close proximity to this request, which members of the applicant's family have owned for many rears The current request would permit the applicant to create this lot, the building area of which was permitted by the Chesapeake Bay Board in October 2002 The applicant now needs to legally record this Jot prior to anticipated changes in the Andrew Munch Page 2 of 2 rules for the Chesapeake Bay Preservation Act Those rules may have the result of making the creation of this lot impossible Unless this lot is recorded prior t the rule changes, the applicant's rights to development as granted by the Chesapeake Bay Board may be eliminated The constraint presented by the Chesapeake Bay Preservation Area and presented by the potential modifications to the Chesapeake Bay Preservation Act regulations have resulted in this applicant's hardship, necessitating this request for a subdivision variance Based on the hardship associated with this parcel due to the Chesapeake Bay Preservation Area and on the submission of a conceptual plan that shovers hover this parcel would integrate with a larger plan of development for this property, Staff finds that "authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected " Staff recommended approval There was opposition to the request E Recommendations The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request a Attachments Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action Staff recommends apprflva! Planning Commission recommends approval Submitting Department/Agency Planning Department City Manager .�. rd b- 7 Y 4e O as IA6-* LU c ' LU I# LLJ v r e4 r f i � f fro"- ANDREW MUNCH (FOUR PINES ASSOCIATES) / # 16 1 January 8, 2003 General Information: APPLICATION NUMBER H03-210-SVR-2002 REQUEST Subdivision Variance to Section 4 4(b) of the Subdivision Ordinance ADDRESS that requires all newly created lots meet all the requirements of the City Zoning Ordinance Southwest intersection of West Great Neck Roach and Adam Keeling Road Emir Aitpe e er r ip"tAo v 71'_ `l ARq 3 R 40 2*0�,.r 14 F 0 +r l I R0 �i, R I O JI Et R R 4 40 ram-• � RA A— R r A Cep n 1499-45—Z850 — 3.5-1 GPI14994528500000 14998200 Planning Commission Agenda � January , 2003 ANDREW II MUNCH (FOUR PINES ASSOCIATES) ## 1 Page 1 ELECTION DISTRICT #5-LYNNHAVEN SITE SIZE 40 463 acres STAFF PLANNER Carolyn A K Smith Mayor Issuesm Presence of a hardship justifying the variance to the requirements of the Subdivision Ordinance Site Plan / Preliminary Plat: Existing Lot There are two (2) parcels containing approximately 40 acres Lot FP-1 (approximately 20 acres) has frontage along West Great Neck Road while lot FP-2 (approximately 18 acres) has no direct frontage along a right-of-way Both lots are within the Chesapeake Bay Preservation Area and contain environmentally sensitive features such as Lidal wetlands and highly erodible soils ��, , XDC=L ... r r � _ .'. A. _ Jffi_r �w r-- r It �.r Qo }w , Ex �r P"%C # lu'5C�R [�ll�l L+6Cw�1T sr 4D Pill. wr sR � E LET FF�%' ot or X r -A-ft M-1ati rt -0 is i< [or wTEI1 Proposed Lots It is the intent of the applicant to carve out a 1 1 N.. � �� r.� r"".+i= W 17i kiOM I � LMM �T } * } rr� sitethat acre site (Lot F1 -4), ll at does not t 47I� Y �� � � � - � w�ae � t�# 3� t � € & �I meet minimum lot width for the ��� � .. � Mae °'~ purposes f constructing a single,CP o.1 i irr h landward r dwelling within t d d *EZ= OF W41[72 r # • feet f the R ur a Protectionaw ;OVSfamily L "�A�404 Area The legal access for Lot FP, is proposed via a 20 foot wide ingress and egress easement that follows an old farm earth to Iodide Lane Planning Commission Agenda January 8, 2003 ANDREW MUNCH (FOUR PINES ASSOCIATES)! # 16 Page 2 Item Beguired Lot FP-4 Lot Width in feet 125 0* Lot Area in square feet 40,000 4$,068 *variance required Land Use, Zoning, and Site Characteristics Existing Land Use and Zoning The heavily wooded, vacant site is currently zoned R-40 Residential District The site is part of a large family farm consisting of farmhouse and accessory structures, two single-family dwellings to the south, equestrian areas and cultivated fields Lots FP-1 and FP-2 are currently under cultivation ,Surrounding Land Use and Zoni[Ig North 0 Woodside Lane 6 Slagle -family d elfing R- o Residential District South 0 Single-family dwellings - o Residential District East 0 vet Great Neck d Road R- o Residential District West a Slagle -family dwellings R- o Residential District zoning HistoU Since 1989, the City Council has reviewed six subdivision variance requests in the vicinity of this site, five of which have been approved The majority of these requests were granted for parcels that lacked the required street frontage but met and often exceeded the minimum lot size Several of the variances granted were for property, in close proximity to this request, which members of the applicant's family have owned for many years Air Installation Compatible Use Zone(AICUZ) The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana Planning Commission Agenda January 8, 2003 ANDREW MUNCH (FOUR PINES ASSOCIATES)/ # 16 Page 3 Natural Resource and Physical Characteristics This site is located in the Chesapeake Bay watershed Portions of the property are located in the Resource Protection Area (RPA), the more stringently regulated land within the Chesapeake Bay Preservation Area, and contain tidal wetlands and highly erodible sails There are also a large number of mature hardwoods on the site Public Facilities and Services Water and Sewer Water There is are 8 inch water ma(n fronting the north side of the property, in Woodside Lane and Adam Keeling Road There is a 1 inch water main in West Great Neck Road This subdivision must connect to city water Sewer There is are 8 inch sanitary severer main in Woodside Lane fronting the property and 8 inch sanitary sewer force main in woodtde Lame and Adam Keeling Road fronting the property These lines connect to a 16 inch Hampton Roads Sanitation District force main located in lest Great Neck Road Comprehensive Plan The Comprehensive Plan identifies this area of the city as Suburban Residential/Lover Density, an area planned for residential uses at or below 3 5 dwelling units per acre Evaluation of Request Staff evaluation of a subdivision variance is based on several factors, including the degree of compliance with City ordinances and regulations, consistence with the Comprehensive Plan, and adherence to good accepted land use and development practices and theory Personal hardship does not eater into the Staff's evaluation Above all: Staff's evaluation is based on Section 9 3 of the Subdivision Ordinance, which addresses variances to the ordinance Section 9 3 of the Subdivision Ordinance states Section 9 3 of the Subdivision Ordinance states o variance shall be authorized by the Council unless it finds that Planning Commission Agenda January 8, 2003 ANDREW MUNCH (FOUR PINES ASSOCIATES) / # 16 Page 4 A Strict application of the ordinance would produce undue hardship The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely eff ected C The problem involved is not of so general or recurring nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance The hardship is created by the physical character of the property including dimensions and topography or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance E The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning ordinance incorporated by reference in this ordinance The Chesapeake Bay Preservation Area Board reviewed and approved a request for lard disturbance in the Resource Protection Area for the construction of a single-family dwelling on October 28, 2002, with the following conditions 1 If and when the shoreline is hardened for the subject lot, a riprap revetment shall be installed in lieu of a vertical retaining structure such as a timber bullhead Said condition shall be so noted on the site plan 2 Tree compensation shall be on a 1 I ratio Double erosion and sedimentation control measures (double 36" silt fence) and one row of heavy duty construction fencing, acceptable to Civil Inspections, shall be installed prior to any land disturbance Said controls shall lay a maximum of 15 feet outboard of improvement Structural improvement home, driveway, pool, deck shed, etc shall extend n further than 3' into the 100' buffer All area seaward of the 0' landward portion of the buffer and those areas within the landward o' portion of the buffer not devoted to structural improvements and limits of construction, shall be left in a natural state, inclusive of the forest floor (leaf litter) left intact Said condition shall be so noted on the site plan Planning Commission Agenda January 8, 2003 ANDREW MUNCH (FOUR PINES ASSOCIATES) f # 16 Page 5 All stormwater runoff from proposed impervious cover shall be conveyed to structural stormwater management facilities As offered by the applicant, payment into the Lynnhaven Oyster Heritage Program: for 2 of proposed impervious cover within the buffer, shall be made prior to or concurrent with approval of the site plan The formula for payment is 25% of impervious cover divided by 27 = cubic yards tires 1 (number of bushels per cubic yard) times $1 65 (price of oyster shells installed) A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit 9 Any further development of the residual parcel will require submission of a comprehensive play which addresses all development components such as rights -of -way, lot configuration, stormwater management and buffer restoration Said plan will include both Resource Management Areas (RIVIA) and Resource Protection Areas (RPA) Subdivision variances have been granted previously, on four separate parcels, to provide for residential development on this firmly owned property The proposed lots are part of the Addington family farm, which was divided by deed into large parcels The current request would permit the applicant to create this lot, the building area of which was permitted by the Chesapeake Bay Board in October 2002 The applicant now needs to legally record this lot prior to anticipated changes in the rules for the Chesapeake Bay Preservation Act Those rules may have the result of making the creation of this lot impossible Unless this lot is recorded prior to the rule changes, the applicant's rights to development as granted by the Chesapeake Bay Board may be eliminated The constraint presented by the Chesapeake Bay Preservation Area and presented by the potential modifications to the Chesapeake Bay Preservation Act regulations have resulted in this applicant's hardship, necessitating this request for a subdivision variance Discussions with the Addington family have revealed that they are adamantly opposed to the development of northern portions of the farm (those adjacent to v Great Neck Road) This is net to say that the property owners could not, at some future date, by right, choose to develop the - o zoned property as permitted by City ordinances At the request of staff, however, the applicant has submitted a ponpt� plan that portrays the most likely development scenario for the southern and western portions of the property, which include the requested parcel Staff felt it important to view how the requested parcel would fit into an overall plan of development if indeed the property Planning Commission Agenda January S, 2003 ANDREW MUNCH (FOUR PINES ASSOCIATES) / # 16 Page 6 owners wish to develop additional parcels on the farm The submitted concept plan depicts access on Woodside Lane, where the parcel possesses Soo feet of road frontage Since the northern portion of the farm would not be developed, access for the single-family dwellings shorn on the conceptual plan could be done by right utilizing Woodside Lane, as Woodside Lane is the only public right-of-way that offers an access point that would meet City Code requirements Any encroachment into the Resource Protection Area however, would require review by the Chesapeake a Bay Preservation Area Board An orderly development plan will hopefully alleviate the need for future subdivision requests for individual lots as well as provide City water and sewer to this parcel as required by the Department of Public Utilities While the CBPA Board did allow for a septic system, Public Utilities does not feel that connecting this lot to City water and sewer is beyond normal requirements and will thus require that connection Should this variance for this lot be approved and plans for a dwelling on the lot be submitted, calculations will be required from the applicant to determine where the water and sewer connection should be made (Woodside Lase or West Great Neck Road) This issue will be reviewed in more detail during the finsl site plan review for the home Based on the hardship associated with this panel due to the Chesapeake Bay 'reservation Area and on the submission of a conceptual plan that shows how this parcel would integrate with a larger plan of development for this property, Staff finds that "authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected " This request for a subdivision variance is, therefore, recommended for approval NOTE [Upon granting of a subdivision variance., a final subdivision plat must be submitted to the Development Services Center for approval and recordation Further conditions may a required during the administration of aioplicable Citv ordinances Planning Commission Agenda January 8, 2003 ANDREW MUNCH (FOUR PINES ASSOCIATES) ! # 16 Page 7 %,ALA J w Pei z all I VRCIE qr w D tt CO COa 0 4r. sets ge �� �' M -� aga �m ZICL I= .0 ta 0 V3 Ga J0 Planning Commission Agenda January 8, 23 " ANDREW MUNCH(FOUR PINES ASSOCIATES) 1 ` Page 0 M c 411%% 1% -"%N C106, CL c lu IL I$, Planning Commission Agenda January 8, 2003 ANDREW MUNCH (FOUR PINES ASSOCIATES) / # 16 Page 9 y t dOlt JX t * � i IL PL jr aC'.4� � •�� � "�P� � � ; � �.• IT�.A JL jc 1p *Yek. +i, * *y;�• '*,x °' - •� x tom, x M1 . #' M1 ;t : w ""° ..-•^a` # �, All y i qr lie #,# *� to _,„, '�• .f # 5 r �i K" , r 4 F , f- r F f. " d{ f� aF •�Yi}y M1 �. ,. • i '++F o r r }� r i ,. k_j .o too ..• It i 0 4r Y*S Al 4r # dd ko { { # 16 R ;, a ■ u ^� 'r a •'Aork•v Ale W- Niammng commission Agenaa January 8, 2003 4NDREW MUNCH (FOUR PINES ASSOCIATES) / # 16 Pane 10 DISCLOSURE STATEMENT Big I Applicant's Name _ ` o.Ar V,% r e S Sfo C t s C.. L C, Last All Current Property Owners PROPERTY OWNER DISCLOSURE If the property owner is a CORPQRATIO N list all officers of the Corporation below (Attach list if necessary) S�V. I kyt- If the property owner is a PARTNERSHIP, FIRM or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below (Affach list if necessary) N 11 Check here if the property owner is NOT a corporation, partnership, firm or other unincorporated organization hf the applicant is not the current owner r of the prcperW, complete the Applicant Disclosure section below APPLICANT DISCLOSURE If the Property owner is a CORPORATION list all officers of the Corporation below (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners :n the organization below (Attach list if necessary} 0 Check mere if the propel owner is N OT a corporation, partner hip, firm, or other unincorporated organization CERTiFICAI'lON !certify that the information contained herein is true an accurate re, r\ G LA k/, Signat re , �; Pant Name Subdivision Variance Application Page 9 of 1 Modified 10 16 2002 Planning Commission Agenda January 8, 2003 ANDREW MUNCH (FOUR PINES ASSOCIATES) / # 16 Page 11 W Comm) Fcu.�' Pines ��s56c�af��, LLC Mares' DeV an Partners Kemp P Hill, Custod�an for IN Harnson H1 Nam) Kmght ELzabeth D Addmgton W Mum F Addjmgton, Jr Eric S Addington obcrt C Adchngton Ame B Addtagwa I C Addington III w 1vf Pao III LestLeshe H Pia Ken3p P Trui Joan= Bartlett Hugh T Addington Memck Murray Jane Turcll abcth . Toh Hel= Whittemore Kemp P HAi' t; t d f6r Nlatthcv K- Hffl for Edward Hffl Kemp P Hill, Custodian for Vtrgin= Hx�] Joseph C Addmgtan, Jr Helen Addmgcan Pnsaaa i+dargazct '�. TwohLy em Nfichaels Frcdcnck Xapohtano Planning Commission Agenda �# � January ANDREW MUNCH (FOUR PENES ASSOCIATES) # 1 Page 12 Andrew J Munch (Four Pines Associates) Appeal to Decisions of Adriumstrative Officers in regard to certain elements of the Subdivision Ordinance West side of West Great Neck Road approximately 350 feet south of Woodside Lane District Lynnhaven January 8 2003 REGULAR Robert Miller The next item is Item #l6, Andrew J Munch (Four Pines Associates) Eddie Bourdon Pardon for the delay For the record, Eddie Bourdon, a Virginia Beach attorney and I eve been privileged rn representing Andrew and Beth Munch on this application It s actually Four Pines Associates It's the name of the entity that the family owF ed Damly Farm pretty much known as the Addington Farm on North Great Neck Road in the Great Neck Point area The farm s 40 plus acres is essentially simply un eielop d still as being used for agriculture operation when I think it s the last one on the Great Neck Peninsula or Great Deck area of the City I know that everyone has seen Beth Munch s sister, her application for � ari ance that came before this body and w as recomm ended by staff and this body and is a , altino this one before re It goes to C It r Council I had the prr ilegc o f representing the appl. lcant before Chesapeake Bay Board and I hope all of you understand that this is really an odd situation and I 11 try not to confuse but it can be confusing The fanulv members are in a positron where they want to create the opportunity to build a home for the family members owners and that is what we have here And they re being forced because of the Bay Act and the corrunor change of the Baer Act as of March 1 The potential exists that it may come to pass that was is currently a 100 foot buffer for Chesapeake Bay Pre ser ation Bay Area will become hard and fast and can t be penetrated according to the folks up in Richmond They re going to nuke that a mandatory Here in Virginia Beach we have created a loo-foot buffer that is far greater in scope than anywhere else in the Commonwealth because we don't measure from water marsh or wetlandt, like everybody else and like Sea CBLAD requires We measure from the top of the sic percent slope And this farm and like a lot of other properties In the northern part of the City when you measure 100 feet from water marsh or wetlands you get one spot but if you got a big slope that s in an area before you get to the slope you wind up losing a whole lot of developable land In this case we went to the Bay Board and dot a variance for this house and it s in the 100-foot buffer from the top of slope but it s way over l o-feet from grater, marsh or wetlands If I recall it s over 150 feet from crater marsh or wetlands So if Virorinia Beach leaves its buffers the war they are which may or may not happen and they become part of the rest a lot of land gets taken No compensation for people who may w lnd up in litigation at some point But the family s not interested in litigation W hat they re trying to do is preserve, as they already have for some fanuly members the opportunity to build a house, on a lot than 1s not out in the middle of a. farm field It s in an appropriate ate location It s done in an environmentally sensitive manner and it has been recommended for approval and has Item # 16 Andrew J Munch {Four Pines Associates} Page 2 been approved by the Bay Board But they don't want to !zo in and cut a bunch of City streets and pay for those City streets kkhich would require having to sell off lots which i not their intent They haven't sold off lots to the public Haven t put lots on the market and don t intend to So that s what creates this dilemma They need a variance in order to create this lot to be preserved in the ability to build on this lot They have existing farm roads on the property that have served the property and will continuet serve it a it s only for family members at this point So that's the genesis ofit To not grant the variance would put them in a position where they have to aetuall build roads They would actually have to plot additional lots sell lots which isn t their intent The Bay Board has been told and the f nuly understands and the fanuly agrees that they won't b seeking any additional variances from the Bay Board nor from this body unless they do decide to come in with a plan ofdeveloping the property They have been asked by the staff and have presented a potential plan that would show hoer this portion ofthe property would be developed if they were forced to or 1f in the future It happens which they can do it by right They just may have to spare off the top of bank If that was to happen, then they could build a road and that road would serve these lots And that s the purpose for shoring how it could develop and may develop in the future by right with these lots having road access But today and at this point it s not their desire to do that So it s a very unique situation It s a situation that is being in large measure forced to a head because ofthe issues with the Chesapeake Bay Ordinance and what s com-ing down from Richmond and uncertainty as to ix here that buffer line will ultimately will be once it becomes non -penetrable for a variance And, 111 be glad to try and explain that better I know it prett but Y don t want to bore you with something that is not really related It i related but not directly So that's where we are The conditions that staff has recommended are completely acceptable as are and were all the ones that were imposed b the Chesapeake Bav Board I do understand that there is some opposition from the community who some folks who don t want this property to be able to utilize Woodside Lane which is an approved right-of-way that this property has significant frontage n The reality of it is there will be are easement coming into these lots from Woodside Lane which the easement is on our property that will be a point of access for these lots The other reality is the road goes right on around to Addington Lane and out to west Great Neck load So the practicality is the homes, when they are built on these lots the family members may very well l use Addington Dane and West Great NeckRoad It closer It s shorter And that's probably what they will do in terms of getting out to the main road But in terms of building a road it's cheaper and shorter to come in from Woodside Lane That is not their intention to build a road but if they were forced to build a road that s where the road would cone in from but that is not what they intend to do That s not what they want to That is what this variance will cdlow there to avoid at this stage is building ci road And, it is a unique situation It s not a situation where the family as you're heard and seen and you lve heard me reiterate once they develop this farm It s a beautiful resource a beautiful piece of property and open space area in this part ofVirginia Beach This is not a rezoning This is not increasing density They have the right to build a road and plot a lot oflots and build additional housing but that is not the family s desire The family s desire is just to provide for the opportunity for the Item ## 1 Andrew J Munch (Four Pines Associates) Page fanuly members who are owners of the property to build a home And that 1s what my client is Ronald Ripley Any questions of Mr Bourdon` Thank you Eddie Bourdon .And the coDditions recommended by staff are all acceptable Ronald Ripley okay ADybodv else to speak in favor of ibeapplication9 You have people shed up ` Robert Miller in opposition David Hay David td Hay food afternoon Members bers of the Planning Commission My narne is David Hay and I'm a local attornev I've had the pleasure of representing Richard and Regina echter They live at 1966 Woodside Lane And that s approximately down where you see the 21162 feet Thev live down in that area right there They lived there for nine years Before I get started let me ask the folks and I'm not sure who they aught be The folks who are here from Crean Neck Point that's in opposition to this application Please stand up Okay I represent 1s Cechter, so someone else may cone here and talk i don't think that they will but they right But Ronald Ripley We do have someone else signed up David Hay okay Mr & Mrs Gechter are opposed to the 20 foot access to Woodside Lane They are opposed It is called FP-4 It s a one point one acre parcel for the Munch s and also last October the civic league and residents of Great Deck Point we're opposed to FP-3 Which is a one and a half acre lot to have access to Woodside Lane Woodside Lane as you re well aware is a very very narrow road that hits Adam Keeling Road and runs in front of the Episcopal Church down to S Woodside Dane There's going to be a new subdivision corruncr in to plane fairly soon So basically what you got is Keeling Wood You ve got Great Neck Point You have a new subdivision that has just been built and another new subdivision that will be built You've got over 100 lots and residents that enjoy access by a small country road called Woodside Lane That's the issue 1n this case we feel like We Mort t feel like it s the Bay Act And I'll get to that in a nunute The subdivision ordinance has to be abided by because it's to prevent flag lots from taking plane And, that s What thas is a flag lot that runs probably about 1000 feet of 0-foot road instead of going to West Great Neck Road w1uch used to be the primary access across the bndge from Shore Drive to the Great Neck Road area Instead of having access off West Great Deck Road where there is a light to the new Great Neck Road they want to have access off a little lane called Woodside Lane And they re going to cross Four Pines Associates property and they"re also gAddington oing to cross the Enterprises property Addington Enterprises owns 20-acres of property It borders on Woodside Lane The 20-toot road with utilities that they put in is also going to grant everybody that owns property on the 40 acres that Four Pines owns access to Woodside Lane also My clients feet that the best access and vour Planning staff said back in Item # 16 Andrew J Munch (Four Pines Associates) Pale 4 October 9 when you talked about FP-, the best access for anything on the Addington Farm is West Great Neer Road Now there were fire tests made on the subdivision variance one is you got to have and before you get into that City Council s got to find special conditions and such that would create a very unnecessar� hardship hardshThe first thing is beep in a nd that Four Pines Associates which is the applicant They can call it the hunch application all they want but Four Pines Associates owns the 0-acre property that s going to be subdivided Four Pines Associates 40 acres they own all the property from this proposed subdivided lot to west Great Neck Road Their also own access to the 20-boot easement called Addington Road that you saw on the other map that runs into Four Pines Associates 40 acres of property There 1 acres of property not 40 acres of property of Addington property out there Mr Addington passed away It got split up into three parcels And you got one parcel about 30 acres to the youth Then In the nuddle you have the Four Pines Associates and directly to the north you got the Enterprises property if you look on the map on page 8 Now undo hardship9 Is that because of the Bay Act or because they reed access to the subdivided piece of property? It s because they have to have access And they re supposed to have a certain amount of frontage There isn't suppose to be hodge-podge subdivision variances granted even if you got 90 acres of property 40 acres of property or 'o acres of property to grant for one and one hat f acre parcel sites That s not the mason for the subdY1 l s ion ordinance And also you shouldn t have a roadway if you re c 1nor to Place It r1crht in front of the All Saints Episcopal Church They have o members They ve got approximately 65 students that go to fare -school at the All Saints Episcopal Church and the folks that live on Woodside Lane as well as S Woodside sane they have this country road access They have this pristine existence that they have basicallv sort ofliving out of the City within the City in the country because they're cut off from Great Neck Road unless Chelsea and some of the other subdivisions that you see on Great Neck Road They re cut off from it You got Adam feeling Lane goes to Woodside Lane r ou ve got pretty much an area that s cut off What the Addington heirs, who apparently came to agree to this stuff what they want is for my clients and all the residents of Great Neer Point including Keeling Wood Holly Point which is the new subdivision what vas developed and Estates on the Lvnnhaven that total almost 100 lots and parcels and residents to endure the safety hazards noise traffic congestion construction New utility lines are going to be put in to Woodside Lane right In front of the church about a few 10o feet from Adam Keeling Road intersection And we just don't feel like that s a good place The second thing and it s not supposed to he a detriment to the adjacent property Well doing this is a detriment to the adjacent church It s a detriment to all the folks that live in Great Neck Point that have their primary access on Woodside Lane The other is you have six subdivision variances not four as your Planning staff said but six You have six subdivision variances that have taken place since 1981 1 just gave Mr Bourdon and I ve also given Carolyn a copy of the plat that was put to record in 1982 that references a 1981 subdivision N ariance that took place In 1981 And then since that time you ve got list bar your Planning staff` of 1 1990 1 � and 1 and also 1 van nce that were granted to fire other parcels besides the six parcel that was granted in 1981 So you have this situation where you are granting and have Granted and the City has granted subdivision variances in flag lots for the Addington Estate So what you ve got is you Item # 1 Andrew J Munch (Four Pines Associates) Page 5 got a situation where they ix ant you to allow a -foot lane instead of a -foot roadway My clients don t have a problem with that as long as you make it go to Vest Great Neck Road It tapes It out of them- problem area of having to deal % ith the congestion and all the other headaches ofhaving to deal with We coon t like the fact that Addington f nuly basically is saying to my client and also the rest of the residents of Cream Heck Point that Iive on Woodside Lane that they don't want to their backyard front yard or side yard a roadway a public access road They don't want access to their lane which is Addington Road, which is a 0-foot wide lane and they don t want access via west Great Neck Road They want 1t on Woodside Lane which is just a convoluted situation of having it ao across to areas to one 40 acre Panel one 220 acre parcel all the way out to the side It just doesn't make much sense The Bav Act9 The Bay Act has been in effect since 1991 The problem with the Bay Act as Mr Bourdon has pointed out is the interpretation of the Bay Act by our local Chesapeake Bay Preservation Board as to where that should ao but that doesn t really matter These folks whether thev have the Bay Act or not stir have to have access And the question s whether or not that access should be on Woodside Lane or west Great Neck Road It s obvious when you dnve up to that area as I did last weekend that west Great Deck Road is where the access has always been for the Addington Farm and certainly when they got almost a 1000 feet of access off' west Great Fleck Road the access should be off west Great Neck Not where they've got a tew 100 feet of access across Addington Bnterpnses, another entity Across there, they got a fever 100 feet on Woodside Lame which is a country road At the time of the application Donald Rlplev Mr Hay we re running out of time David Hay okay At the time the application subdliion ordinance has remained the same It was the same In 1981 as it is now The bottom line is that if you look at page you 11 see what I'm talking about It shows the scheme f development If you look at page 5 1t shows the five tests that have to be met If you look at page 9, you'll see the scheme of development that shows this plat right here, and we feel like the evidence that you ve see so far as well as your Planninor staff has done it just fails to support the three to #lie tests And also we don t think you should continue to cyrant meal piece van ances to resolve to what we feel like is the Addington fanul r s squabbles or problems with de-velopment when they can simply put a 20 foot lame that goes to west Deck Road I'm going to hand this out if I can Introduce it into evidence and I ve hlgWi ht d on there the v are ante Ronald Ripley Thank you very much David Hay I'll answer any questions Ronald Ripley Any questions of Nlr Hay9 Tharik you Robert Miller In opposition we also have Alton rbe? Item #16 Andrew J Munch (Four Pines Associates) PacTe Alton Zerbe Good afternoon My name is Alton Zerl e And I did not realize that someone else was going to speak in opposition to this so I really don't have to say to much more because I agree with ,� erything he said Ronald Ripley That helps Alton Zerbe The only thing of a personal nature is I own a house at 2904 Adam Keeling Road which looks directly down Woodside Lane And Woodside Lane is a beautiful road It s a narrow road but it is a real beautiful one There's an awil lot ofiraf fie congested and construction trucks going up and down So if we don't have to have that I would not like to have it And that is why I am in opposition Ronald Ripley Thank vu very much Any questions`? Thank you Robert Miller That s all the speakers we have sir Ronald Ripley Okav Mr Bourdon would you like to readdress u`? Eddie Bourdon Oh yes, I would fir Hay keeps referring to this country lane with 100 lots with million dollar houses on them And Don our family grew up in the country and I thinly you re still in the country and I don't think it qualifies as the country lane by any definition of a country lane It is a road It clearly is in the area of the city where like a lot of the other developed areas in the northern part ofthe City, some of the roadways are not 50 foot wide with 30 feet of pavement The reality ofit is that the property is lour parcels with family ownership All the ownership is not the wine The idea of addition f one in this case, two more lots which actually does bring the total number of lots for hich there are variances on the property that I m aware of to six That one lot of these two lots having access to Woodside Lane is going to somehow be the straw that breaks the camel back It s bind oflaughable What is most ironic about it is that reality of a denial of the variance because the family does not wish to develop the property at this point is that it would force that to occur and that occurring and because these are four separate parcels the development will come in from Woodside Lane because it can t g out to North Great Neck the other parcel the northern parcel of the farm that they do not lvk ant to develop The owners that do not want to develop, which they are the same family members but they are not all the Barrie So there is not unif rrmty in terms of which farruly member owns which of the four parcels And they have the absolute right to build a road into this property from Woodside Lane which is the only way that it can be developed not to cay that there upon t be ever in the future some road that comes in off of west great Deck or Addington Lane But because it is separate same family but separate rn mber hip and different entities that own the four parcels The irony of this that the argument against the variance turns It into develop the property build the road, build more lots and they will Not to say that every lot built on all 90 acres of the farm wherever developed because main that's not in the cards It would all go out on Woodside Lane and that s not the case But clearly there will be lots and a road going onto Woodside Lane to serve some ofthe lots that are created and that is what would Item #1 Andrew J Munch (Four Pines Associates) Page happen in this instance you know plain and simple what we re asking for is to avoid that situation To have this lot and the one you already approved have access to Woodside Lane Again, as I have said the likelihood would be that when these homes are built the family members may very well, use Addington load They have no legal right but the other fairly members who own the northern piece area t denying them that at this juncture l don t think that will happen That is where we are It is a very unique ituatron It is one where we are trving to avoid development and developinor lots all the way out to Woodside Lane on the Addington Enterprises property that fir Hay referred to as the purpose the variance and it s just ironic and Mr Hay hadn t taken the tirne to speak to me that if you sit down and analyze it look at it and the only other thing they re sayincy is we re trying to say that Woodside Lane is our own private road Even though you have all this frontacre on your parcels and you can't use 1t That s an absurd argument as well What's the bottom line of their argument we're taring to and staff agrees is to reasonable approach to try and preserve as much of this land as it currently is and not get into a development scenario that the fairly sloes not desire of doing It s presery ing the famil) s right to have what will be I think the six or seven bowies on or about 90 acres of land Ronald Ripley Any questions of Mr Bourdon` Yes9 Robert Miller Eddie obviously there's a by nght ability and that s what your eluding to that they can actually o in and develop the property nt now The access as you said because of ownership issues apparently would come off of Woodside Lane Them s no other thought process or play in this I don t know that you thought of getting out as a subtle threat I rn just taring to clanfy that you all didn't want to provide us with a development plan but you did provide one at staffs insisting Eddie Bourdon Correct Robert Miller when we look at that it shows the traffic c nung, In and out ofWoodside Lane Eddie Bourdon These lots and that section of the property that is that area It s not the development plan for the entirety of the farm its just for that section Robert Miller Right There are no other- C PA perrruts for anything else that would have to be gotten in order to develop those properties? Eddie Bourdon well per that particular plan Borne of the lots would need CBPA variances as they ve shown but again the road can be shifted 20 feet and then all those houses wouldn t be in there but again that opportunity is not being sought That s the reality That is a way the property could be developed theoretically Because staff asked for hire to do that and that happened before with Nancy s plan them was a plan developed for that too It was a different plan They re being done because people are asking them to do it not because they want to do it Item #16 Andrew J Bunch (Four Pines Associates) Page 8 Robert Miller Well I think that s the issue is that obviously if they wanted to develop the property they could And there must be something driving the fact that their don t want to as you have said and grant to go through this process of the variance in order to be able not to develop the property It seems a little and f said so this morning a little strange are a little ironic And completely rep ersd In any process we usually see But 1t does seem like it s pretty obvious Eddie Bourdon And it is truly being driven by the fact that these two family members who want to be able to build homes there and frankly, aren t contending to d 1t right away Understand that the potential exists if that 100 foot buffer and you can t penetrate it and it's measured from top of bank they wind up having to build their house out in the field farm rather than in the most appropriate location That is what is truly driving the train Robert Miller And you have not met with Mr May's clients obviously and apparently not anyway They didn't discuss anything with them It s difficult I think from a point of view because this wouldn t even be In our forum By right you can oro ahead and do this through a subdivision process and e would never see this It would never ever be heard Eddie Bourdon Correct And the folks who are complaining the road would simply be built Robert Biller I understand Eddie Bourdon I mean that s the irony of the whole situation We dot a lot of heat and lot of noise being generated when the reality is you just simply go in and build the road off of Woodside Dane like the other subdivisions that Mr Hay referenced with 100 lots that are there by right We re actually trying to mninu a that not put 10 12 and 1 more lots on to Woodside Lane we're just simply trying to get approval for these two which will bring in utilities from that direction and that's where there will be an easement but the reality is, at least for the time being they may very well drive in and out using the same easement on an existing farm road that circles through from Woodside Lane to Addington Dane Robert Miller The utilities since you brought that up ghat size utilities are we talking about` you know Eddie Bourdon No I do not know the answer At this point they re just going to serve just those two lots Robert Miller I have a question Mr Scott obviously the Council held up the other lot until this one could catch up with it Apparently that is what has happened Stephen White The applicant for the other lot requested a deferral until this one caught up to it Item #16 Andrew J Munch (Four Pines Associates) Page Robert rt Miller okay Ronald Ripley okay Any other questions of Mr Bourdon" okay we're open for this for discussion Robe Mil Ier I sad the sime than r I just said I this morning we discussed the fact and Eddie lust said it that literally the Bav Act is only dnvincr this to a point they have perrruts to he able to build on the property by virtue of the Bay Act variances without establishing these lots The purpose of the lots is to contain an area for the specific owner that is the applicant in this case So at least that is my interpretation of it That if the Bay Act could have been granted on a larger parcel without having to subdivide into the lot but it would not have been into the lot of this particular owner Is that again the lamer parcel is in multiple ownerships`' Eddie Bourdon This particular lot actually Robert Miller Crosses two of them Eddie Bourdon Crosses two of them So this particular if you looked at The answer is I don't thinly that' s, and I rnay not be following your thought process, completely accurate The Bay Act issue here is really with being able to create the lot with the building envelope outside of puttincr it in the field fret staying 150 plus feet from water marsh or wetlands Depending upon how we react to what Richmond is mandating may or may not have an impact We strongly believe it will Enforcing these two houses ours and Nancy s to be pushed out into the field when they don t errant to be out there screwing up the farm because they want to retain the faun That V, what it really boils down too And so we couldn't build without a va.nance or without a road regardless, in other words this variance or a road okay, that we have to have either a road or we have to have this variance Bay Act or no Bay Act Robert Miller Okay As I said before, it feels life we're backing into this a little bit but I understand I think what you lust said and that is them is a connection between the PA and the lot itself Eddie Bourdon And if we change the Bay Act to the too -foot thang, we don t know what the transition rule will be and that s really the issue They wanted to be protected They ,grow that this is a nice spot for the house that won t affect the agricultural operation This variance or a road one or the other has to happen in order for these lots to be developed regardless of the Bay Act issue Robert Hiller And, our responsibility is land use This property is already zoned and I think what we re seeing is the situation where several lots are now being developed out of it where more could be developed because 1t is already zoned It"s lust a question of the process being usually we would see we wouldn't even see this The entire project would come forty and through a subdr v ision process unless again, there were variances Item # 1 Andrew J lunch (Four Pines ssoerate Page 1 required and it would be approved by staff through a process that the staff would orchestrate It s well defined for the subdivisions The entrance and exit off of Woodside Lane f m sorry for the folks that live there that feel like this is, an encroachment into their lifestyle and traffic and so forth but it s able to be done without coming in front of us and the only reason why you're here is again we re kind of upside dowry on this that were actually creating lots without doing the rest of the subdivision right now So the distract person probably needs to speak to this Ronald llple Charlie Charlie Salle I understand the arguments of the opposition that they lust don't really want to see this traffic but, this is a situation where I m afraid that they're never going to be In a position to avoid it because even if as a result of this application or if 1t had been part of this application that the easement that is showing gent to west Great Neck load since the only ether property there would be no prohibition from just bull hng a private driN eway and ire icing all the homeowners to use it So, I m afraid this is a situation probably what the opposition may be tlunking in forcing them to develop 90 acres, the City aught decide well if you re golncr to develop o acres you have to cone off west Great Neck Road but that is just not happening at this point in time and it mar nearer happen So I m not sure that the traffic burden is as much as the opposition says it is but I m afraid for them there s no wav out of it but these people own enough property to do what they want too Ronald Ripley The issues are the same as the last application And, I think the Conurussion was aware that there was another subdivision coming forward I ve been trying to listen and trying to find if there s any difference in my thin ung from that last vote or not and I have yet to be convinced to change I want to support this application should we have a motion Do we have a motion" Charlie Salle I d move the application be approved Ronald Ripley We have a motion by Charlie Salle to approve seconded by Kathy Katsias Motim to approve Any further discussion`' Comnussion t. ready to Grote CRABTREE DIN ORSLEY ATSIAS KNIGHT MILLER RIPL Y SAL' STRANGE AYE 10 NAY AYE AYE AYE AYE AYE AYE AYE AYE AYE ABS 0 ABSENT Item # 1 Andrew 3 Munch (Four Pines Associates) Page 11 WOOD AYE Ronald Ripley By a vote of 1 - the motion passes Thank you all very much Gpin 1468-50-6784 HISTORY 1 Conditional Use Permit (church) Denied 10-23-90 Conditional Use Permit (church Denied 5-8-01 2 Rezoning (R-6 Residential to R-8 Residential) Denied 9-17-84 Rezoning (R-6 Residential to R-8 Residential) Denied 5-9-83 3 Rezoning (R-6 Residential to R-8 Residential) Denied 7-6-81 4 Rezoning (R-6 Residential to A-1 Apartments) Approved 4-11-83 5 Rezoning (R-6 Residential to R-S Residential) Denied 9-17-84 Rezoning (R-6 Residential to R-8 Residential) Denied 5-9-$3 fi 11 %I r `* CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Jack Surr m , Jr and Alan Rice e — Subdivision Variance MEETING DATE February 11 2003 ■ Background Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Jak Sum , Jr and Alan Rice Property is located at the Southeast intersection of Prospect Lame and Connie Way and contains 20,212 square feet more or less (GPIN 1DISTRICT 4 - A SI E The purpose of this request is to obtain a Subdivision Variance to Section 4 4(c)(1) of the Subdivision Ordinance that requires all newly created corner lots to be 70 feet wider than the minimum required by the Zoning Ordinance for interior lots in the district 0 Considerations The existing lot is 20,232 square feet in area and is located on the southeast corner of Prospect Lane and Connie Wary The existing width of the lot is 151 feet Originally, the width of this property was approximately 302 feet when it also contained the two adjacent lots to the south The applicants subdivided those two lots in 1991 and 1995 It is the intent of the applicant to subdivide the remaining property into two lots However, there is not enough lot width to accommodate a standard interior Jot and a corner lot, which requires 10 feet more than the standard setback The applicants have attempted to mitigate this problem by applying some of the interior lot's width to the corner lot thereby requiring a variance on both lots The result creates slightly more equivalent building envelope widths of 56 15 feet and 3 85 feet rather than 60 feet and 40 feet Although this helps to soften the problem, it does not justify the requested variance for which no hardship can be demonstrated Staff recommends denial There was opposition to this proposal Suns and Rice Page 2 of 2 ■ Recommendations The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions 1 The property shall be subdivided as depicted in the submitted exhibit entitled "Preliminary Subdivision of Parcel B of Subdivision of property of Jack 0 Sure ms, Jr & Alan D Rice" prepared by Kellam-Ger rit Engineering, Inc and dated April 30 2002 o variances to minimum required setbacks shall be permitted 0 Attachments Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action Staff recommends denial Planning Commission recommends approval Submitting Department/Agency Planning Departmen City Manager JACK SUMMS, JR. & ALAN RICE / # 1911 December 119 2002 General Informations APPLICATION NUMBER - 11-S R-too REQUEST Subdivision Variance to Section 4 4(c)(1 ) of the Subdivision Ordinance that requires all newly created corner lots to be 10 feet wider than the minimum required by the Zoning Ordinance for interior lots in the district ADDRESS Southeast corner of Connie lay and Prospect Lane GPIN Map L" minp N t, .,,IL- _ ck Summs,.Ir- & Alan Rice JL 005 ! . � Ak �.. .� R-7c5 fAe04 r_ zn 1468-30-6784 14040000 Planning Commission Agenda December 11, 2002 JACK SUIIAMS, JR & ALAN RICE # 19 Page 1 ELECTION DISTRICT 4 — BAYSIDE SITE SIZE 0 44 acres STAFF Ashby Moss PLANTER APPLICATION The applicant requested a deferral of this request at the October HISTORY hearing and again at the November 13 leaning Major Issues: Presence of a hardship justifying the variance to the requirements of the Subdivision Ordinance Site Plan / Preliminary Plat: Existing Lot The existing let is 20,232 square feet in area and is located on the southeast corner of Prospect Lane and Connie Way The existing width of the lot is 151 feet Originally, the width of this property was approximately 302 feet when it also contained the two adjacent lots to the south The applicants subdivided these two lots in 1991 and 199 Proposed Lots It is the intent of the applicant to subdivide the property into two lots However, there is not enough lot width to accommodate a standard interior Not and a corner lot, which requires an extra 10 fleet of width This requirement has been in place since at least 194 Etem 13eguged Lot B2a Lot M Lot Area in square feet 71500 91534 109698 Lot Width in feet (standard lot) 75 *71 15 NIA Lot Width in feet (corner lot) 85 N/A *80 00 4 *variance required Planning commission Agenda December 11, 2002 Page i Land Use, Zoning, and Site Characteristics Existing Land Use and Zon�r _ The subject site is partially Wooded contains no structures, and is zoned R- Residential District Surrounding Land Use and Zone North 0 Across Prospect Lane single family houses R- Residential District South 0 Two more vacant lots and then single family houses R-7 5 Residential District East 0 Long, narrow vacant properties fronting Prospect Lane R-7 5 Residential District West 0 One single family home fronting Connie Way, several other properties are through -lots from Lawrence Drive to Connie Way, most have houses facing Lawrence Drive R-7 5 Residential District Zoning Hist�ory Newsome Farms Was a Target [neighborhood in Which funds from the United States Department of Housing and Urban Development HUD Were ingested to improve streets, drains, lights, Water and sewer, and housing rehabilitation in the mid to late 1 Oo's Connie Way was one of the streets created during this time The property at the end of Connie Lane, south of the subject site Was denied for church in 1990 and again in May of 2001 The properties north of the subject site on Prospect Court and east of the subject site on Eustis Court were requested to be up - zoned from R-6 Residential to a denser R-0 Residential in 19and 19Each request was denied Other properties northeast of the subject site Were approved for denser residential categories In 1981, the property on Maxwood Court was changed from R-6 Residential to Rib Residential (now called R-D Residential) and in 1983, the property on Bound Brook Court Was changed from R-6 Residential to A-1 Apartment (now called -12 Apartment) Planning Commission Agenda December 11, 2002 .JACK SUMMS, JR & ALANRICE # 1 Page 3 Several requests for subdivision variances have been heard in the Newsome Farms neighborhood Half of these requests have been denied due to a lack of a clear hardship and the potential for similar requests within the area The variances that were approved demonstrated a clear hardship or were very unique situations All of the subdivision variance requests in the Newsome Farms neighborhood are listed below Variance # Description of Request City council Action 1 Lot width — utility easement cannot count toward lot width Granted 5-24-9 Lot width — two lots at end of cul-de-sac, 2 slight extension of cul-de-sac could have eliminated need for variance Granted 1-11-94 3 Lot width — two lots Denied 9 2 - o 4 Frontage on a public street - one lot Denied 7-11-88 Lot width variance of two feet for one 5 corner lot, presence of excess right-of-way offset p blem Granted 10-5-87 6 Let width for two lots ~`- one corner lot and I one flag lot Denied 8-3-87 Frontage on public street - temporary, 7 subsequent road dedication brought into compliance Granted 4-20-8 8 Lot width — one flag lot Denied 9-29-8 9 Lot width — two flag lots Denied 6-2-86 1 o Lot width — two flag lots Denied 11-18-85 Lot width — one flag lot, same property as 11 variance #1 o and #12 Unusually deep lot l� fewer Applicant carve back with ew lots and smaller variance request Granted 10-10-83 12 Lot width — two flag lots Denied 4-11-83 1 Lot width - two lots, unusually deep Granted 11 -9-1 14 Right-of-way improvements Granted 9-9-7 Air Installation Compatible Use Zone (AICUZ The site is in an AICUZ area of less than 65d6 Ldn surrounding NAS Oceana Natural Resource and Physical Characteristics The property is partially wooded with mature trees on the southern end and contains no structures Planning Commission Agenda December 1 1, 2002 JACK SUMMS, JR & ALAN RICE 1 Pepe Public Facilities and Services Water and Sewer Water There is are eight -inch wafter main in Prospect Lane fronting the north side of the property and a sic -inch water main in Connie Way fronting the west side of the property The subdivision must connect to City water Sewer There is an 1-inch sanitary sewer main in Prospect Lane fronting the north side of the property The subdivision rust connect to City sewer When Connie way was constructed in the fate-1 o}s, water and sewer taps were put in place along the road where Public Utilities anticipated additional lots would be created However, this was done without the benefit of a detailed subdivision review, and the number of permissible lots was estimated The subject parcel, which originally included the two adjacent lots to the south, was provided with four sets of water and sewer taps Comprehensive Plan The Comprehensive Plan map designates thrs area for low -density single-family residential land use at or below 3 5 dwelling units per acre Evaluation of Request Section 9 3 of the Subdivision Ordinance states o variance shall be authorized by the Council unless it finds that Strict application of the ordinance would produce undue hardship The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected 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 Planning Commission Agenda December 11 2002 JACK SUMMS, JR & ALAN RICE # 19 Page 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 such variance pertains to provisions of the Zoning ordinance incorporated by reference in this ordinance The applicants' request for a subdivision variance is not acceptable While several subdivision variances have been requested in the Newsome Farms neighborhood,. there has been a general reluctance by the City Council to grant these variances This neighborhood has been developed in a piecemeal ,.Wanner, resulting in a number of parcels that are poorly situated to maximize their development potential Unfortunately, this has resulted in an inefficient use of the land However, this does not constitute a hardship that would justify a variance There are a number of parcels similar to the applicants' where the existing lot width is shy of an extra lot In this case, the applicants purchased the vaginal lot with the expectation that it could be subdivided into four lots According to the app)l ants, they were unaware of the longtime requirement that corner lots have an extra ten feet of Not width The reason behind this requirement is that corner lots have larger setback requirements on one side If the extra lot width were not required, the building envelope would be ten feet smaller than those on interior lots, resulting in an unusually narrow house The applicants have attempted to mitigate this problem by applying some of the interior lot's width to the corner lot, thereby requiring a variance on both lots The result creates slightly more equivalent building envelope widths of 56 15 feet and 43 85 feet rather than 60 feet and 40 feet Although this helps to soften the problem, it does not justify the requested variance for which no hardship can be demonstrated Therefore, this application is not recommended for approval If, however, the variance is approved, the following conditions are recommended Conditions 1 The property shall be subdivided as depicted in the submitted exhibit entitled, "Preliminary Subdivision of Parcel B of Subdivision of property of slack Planning Commission Agenda December 11 5 2002 JACK sUMMS, JR & ALAS# RICE I # t Page Summs, Jr & Alain D Fie„ prepared by Kellam-Gerwit Engineering, Inc and dated April 3, 22 2 No variances to minimum required setbacks shall be permitted NOTE Upon granting of a subdivision variance, a final subdivision plat must be su6mri#ed to the Development Services Center for approval and recordation Further conditions may be required during the administration of avolicable Qtv Ordinances Planning Commission n Agenda December 11, 2002 JACK SU111 S, JR & ALAI DICE # 1 Page L4 d 'FFt '8'!1 Planning Commission Agenda December 11, 2002 JACK SUMMS, JR & ALAN RICE I # 1 Page 1lN r1PPLICtLTION PAGE -J Ur -4 aUBDIVISION VARIANCE CITY OF VIItGiN7A BEACH L_ DISCLOSURE STATEMENT Applicants Name Lut All Current Property Owners PROPERTY OWNERDisCLOSURE If the properry owner is a CORPORATION list all officers of the Corporation bc-lo rx ( reach l i if necessan i If the propert owns-r ), a PARTNER BIP FERM or other UNMORPORATED ORGANIZATION list all rncmbm or partners in the orgaarzamn below (Arrach [at tf necessary) Check hem if the prop= y owner is NOT a cozporanan pa.€tnershjp firm or other unincorporated argaason 11he apphcam u not the can -ear owner of theproperty complete the Appiwarif Disclorure section Mai% APPLicA T DI L SI3RE If the applica a is -a CORPORATION list all officers of thy, Corporation below (Aff rch list if net essai-% ) If the applicant is a PARTNERSHIP FIRM or other UNTNE RPOR TED ORGANUATION Iist all members or pawners to the orgarimsuon below (Attach list rf necessary) � here if the aPpl=nt is NOT a corpormion paruitrship firm or other u n j n co rporate d orizanizaaon RI I CA11I certify that the wfomanon conimned h r en is true and ac ra(e Signature Print Name Planning Commission Agenda December 119 2002 JACK SUMMS, JR & ALA ! RICE I # 1 Page 1 �o L Jack Summs Jr and Alan Rice Appeal to Decisions of Administrative Officers Southeast intersection of Prospect Lane and Connie way District 4 Bayside December 12 2002 REGULAR AGENDA Ronald Ripley Okay That concludes the first two parts of our agenda and now we will start with the regular agenda items to be heard And %� e r going to break order just little bit here At the request that we move Item #19 to he heard first from one of the witnesses had requested it a reason for it as far as disability, if you will So we are going to move Item 1 t the first item So Mr Secretary do u d`? Robert Miller Item #19 Jack Summs, Ji and Alan Rice Jack Summs Hello Con n.issioners my name is Jack Sumnas I m a resident of Virginia Beach I bought some land that is on your agenda today it borders 135 feet on the Lynnbrook subdivision and 150 feet in the Newsome Farms subdivision I ani asking you to grant a subdivision variance for this parcel Each lot far exceeds the lot area of R-7 5 zoning In the past there have been at number of variances and reonings granted in this area The last one as granted in the summer 1.001 At the time I purchased the property which was in the late 1980s I was under the impression the property could be subdiN ided Because at the time the parcel ix as part of the Federal Capital Improvement Project for that area and at the time the infrastructure was put in two sets of sewer and water taps on this property Everything v&as installed and I do have a copy of the as- bullts that was drawn up by Basoler1 and Associates that shovers that the infrastructure is 1n place in the two lots And that was my impression at the time that I purchased the property I feel in my own wary I do have a hardship because at the time since it was a federally funded project and this infrastructure was put in I feel that sornebodv had some plans at the time to have two single famly residences at this site In k iew of the past improvements, it s not necessary to open up a street to bring in any infrastructure I feel this area needs quality construction I feel it s been left out in the past and I know in the past the City has clone some quality urban renewal but I feel at this point new construction and quality construction based on rn past and my famaly s past that we will bring some definite improvements to that area And in the future I did want to say that it's a very grand idea the City have a plan possible plans of acquiring the Williams' farm for recreational use and I feel what I have planned in the future the City s plan this are could excel Thank your Ronald R-ipley Thank you MrSun-Lms Does an b d have any questions of Mr urnms chat size houses" What type of house are you planning to build there' Jack Summs Brick st.ruaures Their are going to range in the nelahborhood of 200- square feet of 11�ina area Which tarexceedc, most of the area of Newsome Farms Item #19 Jack Summs, Jr and Alan Rice Pane That would get the capabilities of a person if they would like to have a pool or l rcr backyard it would definitely wive them that amenity that could be adapted by future homeowners in that area also Ronald Ripley Mr Miller has a question Robert Miller You said that the water and sewer was installed and that you do have some as-bullts to show that for these as if they were two lots but his was actually one piece of land Where were not two lots here`s Jack Summs Yeserr I coo have those and I have talked to Public Utilities in the past We have met there on site I do have a copy of the as built Robert Miller well, I understood that you also had purchased additional land that was part of this parcel perhaps and you subdivided that is that correct`? Jack Summs Yes sir And what transpired is the property was purchased in the late 80s Robert Miller one piece as one place` Jack Surr-s Actually two parcels Robert M ler okay Jack Summs And at the time the building industry was in kind of a rut at the time the late 80s So my partner and I we put it aside and then the moratorium came into affect in the early cos So this kind of kept on berg pushed to the side by the two of ils Considering the outlook the economy and everything we felt it was time to put it on board Beginning when the parcel was purchased it was two parcels one parcel had already teen subdivided and has its water and sever tap Then we resubdivided the other Parcel because I couldn't obtain a 10 000 square foot lot which would meet the balance f the first one But on that one parcel of land I have the onginal parcel of land I have three water and sewer taps And the ogler parcel which xs approximately 75 x 100 and has been appro,% ed has its own parcel So all tocrether when this project started and when it was funded by the Federal ove rnent there were four Nvater and sewer taps on this property Like I said the infrastructure was put in place and that s "here I feel I have a claim of a hardship because somebody did have a plan in the past Robert Miller Could you put the location map back up on the screen please` Could you shoes nee the other two the initial separation of the parcels that you bought please Jack Summs Yev, sir Robert Miller To the extent that you can Item #19 Jack Summs Jr and Alan Rice Page Jack Summs I m sorry Do I use this`? Ronald Ripley Yeah just pick it up Robert Miller Just pick it up Jack Summs Just pick it up? Sorry I've never used this Robert Miller You don t have to shoot us Jack SurrLms Okay See the one right there that was subdivided back in the early o I did have to put a well on that property Robert Miller And that s 10 000 square feet' Jack Summs Yes sir And this property right here It s a house and it has been approved It was constructed around 1990-199I in that area And the two that are left at the time considering what we ve done here one lot is in the neighborhood of 9500 square feet and at that tirne durrcr the moratorium we couldn t oo for -ward on that because it Hasn't considered a buildable site during that point in time But this other lot here is in the neighborhood of to 500 square feet which is ample And actually the lots themselves are probably in the neighborhood o 20 percent larger than any of the lots versus the minimal lot area for R-7 5 zoning So I feel that I have enough area and I will put all the construction up Robert Mille- Just to make sure that I understand The two what appears to be identified as two lots underneath the red -cross hatching Jack Summs Yes sir Robert Miller Each one of there individual has ar water and sewer tap' Jack Summs Yes sir Each one And I have the plans here and they're verified b public Utilities and Planning Ronald Ripley And one final question that I have is the variance that you re requesting you re short how many feet9 Is it front f of Jack Summs Front footage on the corner lot is in the neighborhood o 1 €eet Ronald Ripley what is required again Jack Summs Ronald Riplev 95 Item # 1 Jack Surnms, Jr and Alan Rice Pacre 4 Jack Sui could you like to know the size of the other lots`? Ronald lbplev what the other size is 71 feet9 Jack Summs, Yes sir Ronald Ripl v R is 759 01�ay So you ve tried to rMti ate this b requirin a variance for both of them and making them a little bit lancer size either way Jack Summs ,Yes sir Just mabing some comprorruses Ronald Ripley Oka) Any other qustion` Robert Miller we do have opposition Terry Hubbard` Terry Hubbard After hearing Ronald Riplev Mr Summs do you want to have a seat' Ter- Hubbard Hello sir My naive is Terr� Hubbard I h-v e in that house that you just saw up there right next to the little house right there Ronald Ripley Just to the south of the lots' Terry Hubbard Yes sir Ronald Rrplev Oka} Terry Hubbard okay I was listening to what he had to say and I have no opposition to it This is my first time Ronald Ripley Oka) we appreciate you corning don Robert Miller Thank you sir Dorothy wood Thank you Ronald Ripley Thank you Robert Miller Linda Carrington Linda Carrington �Ir My name is Lind Carrington and f am the Civic League President of Newsome Farms Okav Mr Summs sent me a letter that Lynnhrook Landing President of their cis ie league had proposed to send to you and It was asking for my signature But they couldn t get in touch with me And we are opposing this Item ##1 Jack Summs, Jr and Alan Rice Page 5 because for the simple reason that Mr Sunum, has built in our neighborhood several tunes before And you have allotted different encroachments to go ahead and build And we feel that Mr Summs knows that we have turned hirn down several times and this time we want to turn him down again because we feel that it he's going to build the houses he is dust coming to our neighborhood putting houses and building houses We live there and we don t want to be all crunched up together And when you buy a house you burr house to have space You buy a house to have peace Now, you don t want to know what your neighbors are doing if you don t hake the right footage or i you don t have this So we as a civic league got together had a meetzrir, talked about it and they told e to come and tell you all We do not want hirn to build in Newsome Farms The letter which you got was not written by me it was written by Lynnbrook Landing s President and my group is here to represent the civic league Mr Black, Mr Smith and I I am the president Mr Black is the vice President and Mr Smith is my Assistant President Ronald Riplev Thank you very much Any questions of Mrs Camng=9 Thank you eery much Do you have anybodv else to call'? Robert Miller No Ronald Ripley Mr Su=s would you like to readdress You have an opportunity to rebut if you like Jack Summs Commissioners I have never asked for any concessions of the Newsome Farms area as far as any variances of any sort I have built in that area in the past Let see here Daniel Smith and Jason Lane I did build four houses over there As far as asking for any concessions from the City and Planning, City Council I just wanted to bring that up Donald Ripley Okay Thank you very much Robert Miller Mr Summs The houses that you built in this other area, are they of the same type that you re talking about building here's ,lack ,Sumps No actually ghat we built over there we really don't have some to show you there but as you enter the Neworne Fans area, you go up to Bolero Court and that was a project that nay non profit organization 1r Parker and Bailey Parker and the rmd s The houses that I did put over there were ranch style homes The ranch style homes were 1n the neighborhood of 1600 square feet of area As far as that s concerned they complimented and they Mended into the community on that corner The other houses to that area I thinly are in the neighborhood I m speculating here the Bolero Court and across the street are probably in the neighborhood of around about to o square feet of living space I feel that the houses that l construct on the corner of Prospect and Connie Way can generate an income of a selling price lets say I o, o- 160 000 and that s Item #19 Jack Sum s Jr and Alan Rice Pa ore here I came up with that square footage earlier to you I think it would command that value and again they would be brick structures Ronald Ripley okay Any other questions9 Yes Mr Din`? William Din Mr Su ? Jack Surnms Yes sir W illiarn Din How sang slid you say you ve owned this property? Jack Sunns I've owned this property since 1988 William Din According to our write up, I guess the problem that you're having with the anance on this property is you re short 10 feet because of the corner lot The corner lot requires an extra 10 feet because you have to mop{e it back, the setback on a carver requires and extra 10 feet And so to build on this lot, I guess you understand that this requirement has been in place since 1964 Jack Summs I do understand William Din I understand that you have a drawing that may have hook up for additional lots but it sounds pretty obvious that the requirement was there existing before you purchased the property Jack umms Yes sir it was My thoughts were since I guess you can say it was a risk I took for granted that an extra water and sever tap why would that be put in especially under a federally funded capital improvement project And I took for granted well maybe that left the possibility to have the property subdivided And the fact to that the street Avon t have to be opened up The infrastructure is in place Robert Miller okay thank you Ronald Ripley Thank you very much okay Does anybody want to discuss this` Stephen white Ron9 N- Ripley`) Ronald Ripley Yes Stephen W hite I think we have another speaker Ronald Ripley oh we do's oh please, come on up We dldn t have him signed up Stephen Bushman Good afternoon My name is Dr Bushman Stephen Bushman And here r, the copy of the sign up Something fell through the erctcls Item #19 Jack Summs Jr and Alan Rice Page 7 Ronald Ripley well I'm sorry Stephen Bushman Thank you very much for your consideration of the placement of this iteM OD the agenda 1 would like to thank Nis Carrinaton. for her participation and acknowledgment vledgment f me in my positron Stephen Bushman President of the Lvnbrool Landing Civic League, vhich represents 600 households Thic, property abut(,, the two neighborhoods that join together Newsome Fans and Lvnnb roo k Landing and have about 70 homes in there with three main entrances This is lust the right thing to do at the right time and here are the reasons First of all it doesn't come with the recommendation of the staff because a they have a scheme and thinas are supposed to fit and this is not an unreasonable request It just doesn t fit in any one of the places It 1 supposed to fall under a vanance So that s why it s here It q because it's a little outside but it s not unreasonable It does not fall as a hardship qualification so their this is under the hardship clause within the Planning Department s purview so we recommend because it's a hardship case But it s not unreasonable This property abounds two neighborhoods There are residents of Lynnbrook Landing and Newsome Farms And, if you added up the mass sags that 85 percent of the residents in the area are in favor of this item Unfortunately Newsome Farms I belie).e has priorities that include wish to have no additional traffic no construction no industry no building n additional population no noise and 1 guess that s their priorities This area is an area of significant concern for the City for revitalization It s so beleaguered that it has been officially designated as Northwest Virginia Beach those words were spoken by Dr Hubbard who was an employee of the Planning Depailment. in the nud 80 s and Director Friedman of the Hou inc Department That s how badly the northwest area of Virginia Beach is under scrutiny for its need for revitalization So bringing in new homes is a wonderful ideas Connie Dane in Newsome Farms is a prior site of past HUD housing as part of the area revitalization These lots that he s proposing are large lots Almost 10 000 rquare feet I have spoken with him and worked with him and I rn so much committed to him that the photographs you sax% up them were takers by rise These are high quality homes Perhaps one single story than they are two story I Dave spoken to Nice Mayor Louis Jones in considering the MY picture he said Yes Thank you vice Mayor I like the fact that if he did his work as he has done in the past, you uldn t even have to disturb the street It is not a heavily coursed street right there Connie way There have been nurnerouriances and re onings that under application have been approved for lots in this neighborhood This should be another one of them And last down the street, I would a� within 500 feet is a development by New Hauer Corporation putting in 25 single farmly homes under a homeo % ners association within Lynnbrook Landing wh]Lh creates a unique dynam-ics for the leadership in that community area Those are 5 000 square foot lots And we welcome that and everybody says that's a good ideal So when you loop at this he doing the right thing I am so phased to have him or anyone come to the area and afford 17-year old neighborhood more new housing which is slowly becannina to pick up speed So thank ou very much for Your consideration Item #I Jack Sum ms Jr and Alan Rice Page Ronald Rilev Thant, you veer much Stephen Bushman t o you have any questions` Ronald Ripley Anv questions" Thank you very much Okay Are there any other speakers to speak on thus rnatter9 okay Somebody wish to discuss this9 Yes9 letsv Atkinson I xn going to support this rezoned subdivision 10 00 square foot lots are very nice big lots on a 7 5 00 square foot subdivision and it s just shy a couple o f feet on each way to make these two houses They re going to be all brick I think they"re going to be nice additions to the community And to try to put one house on that huge lot doesn't make sense to me especially when he's got the water taps so I don't find this a problem at all and I would be pleased to make a motion to support it or listen to other omnussroners Donald Ripley Anybody else wish to speak P I also support this I think Dr Bushman is absolutely correct to encourage more hone ownership in the area as a primary goal to the N orth rest 1v irgi nia Beach initiative that he mentioned which I ve attend several of those meetings And it is shy just a few feet but I m like Betsy it s not unreasonable It s not are unreasonable reque t I don t believe I don't know if we've proven a hardsbip here and that s rnavbe we shouldn t say that for the record but on the other hand I think the hardship is not having as many for sale housing in the area as you would like to have any way if you'd life to make a motion9 Betsy Atkinson Yeah I d make a motion that we ap role the application Ronald Ripley we have a motion by Betsy and a second by Joe Strange to approve the application And we re ready tovote AT I SON BAUM CRABTREE DIN HORSLEY MILLER RIPLEY SAEEE' STRANGE VAKOS WOOD Donald Ripley AVE 10 NAY AYE AYE AYE AYE AYE 7E AN E AYE AYE ABS 0 ABSENT 1 AYE y a vote of 10-0 the motion passes ABSENT Item # 1 9 .hack Sums, Jr and Alan Rice Page 9 Kay Wilson And did you approve it with the two conditions in the write up if you decide to appro% it Betsy Atkinson Yes Kay Wilson Thank you Betsy Atkinson That s our legal representative I m sorry Robert Miller Yes sir Lincoln Potter I was dust thinking h was just saying Robert Miller Sir we already dealt with that matter so if you would like to make a comment to the applicant you certainly could ZONING HISTORY Rezoning (R-5D Residential to Conditional B-2 Business) and Conditional Use Permit (Mini -warehouses) —Withdrawn 1-8-90 Conditional Use Permit (Childcare Center) —Denied 12-2-85 r � w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM LBH, L L C — Subdivision ordinance MEETING DATE February 11, 2003 0 Background Appeal to Decisions of Administrative officers in regard to certain elements of the Subdivision Ordinance, Subdivision for LBH LLC Property is located on the north side of Indian Fiver Road, 300 feet east of Pa rkland Lane G P I N # 14 -0 - 439 DISTRICT 1 — CENTEF VILLE N considerations The subject site was originally subdivided in 1928 and remains as originally platted The site has been zoned residential, single-family or duplex, since the adoption of the Master Zoning Plan of Princess Anne County in 194 to the present The site is undeveloped and is zoned i-D Residential District It is the intent of the applicant to subdivide the existing lot into two lots one of which will be a "flag lot" for the purpose of constructing a single-family dwelling on each lot The proposed lots will have well over the required lot area of 5,000 square fleet, however, proposed Lot 2 does not have the required lot width of 50 feet The existing lot is 35,719 square feet and 99 24 feet wide The site is rectangular and narrow in shape 99 24 feet wide by 365 77 feet bong, preventing the possibility of construction of a standard right of way to serve a small subdivision There is little opportunity to consolidate surrounding parcels for larger residential development Parcels directly west of the site are completely encompassed by the Resource Protection Area (RPA) of the Chesapeake Bay Preservation Area, and will be severely impacted by the changes to the State Code regarding the Chesapeake Bay Preservation Act The applicant located the RPA buffer area in the field and determined that the existence of the RPA buffer on the site limits the opportunity to use a standard side -by -side lot configuration It also presents a challenge in the overall location of the proposed structures It does not appear that approval of the request would be detrimental to the surrounding properties or adversely affect the neighborhood The Planning Commission placed this stern on the consent agenda because of the Bruited development potential due to the lot shape and restrictions unposed by the Chesapeake Bay Preservation Area Ordinance Staff recommended approval There was no opposition to the proposal IN Recommendations The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions 1 The lots are approved for single-family dwellings only A note shall b added to the subdivision plat stating this restriction 2 Access to both lots shall be through the single 20 foot stern depicted on the submitted plan titled "Indian River Road Property, LEI, L L C , Virginia Beach, VA, Proposed Site Layout, C101, Sheet 1 of 1", prepared by Clark lexsen Architecture and Engineering Said plan is on file in the City of Virginia Beach Planning Department ■ 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 Qr V Y& e% LBH LLCr T/# 26 January 8, 2003 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 Ordnance ADDRESS The north side of Indian Fiver Read, 300 feet east of Parkland Lane GPIN ELECTION DISTRICT SITE SIZE .. vap G-9 T u u i T.r. 14660043950000 1 - C E 1TE RVI LLE 62 acre, or 35 719square feet Planning Commission AgendaT January8,2003 , L. B H L LC 6 Pagel STAFF PLANNER Faith Christie Major Issues: Presence of a hardship justifying the variance to the requirements of the Subdivision Ordinance Site Plan / Preliminary Plat: Existing Lot The existing lot is 35,719 square feet and 99 24 feet wide Proposed Lots It is the intent of the applicant to subdivide the existing lot into two lots, one of which will be a "flag lot", for the purpose of constructing a single family dwelling on each lot The proposed lots will have well over the required lot area of 5,000 square feet, however proposed Lot 2 does not have the required lot width of 50 feet Reauired Lot 1 Lot 2 1 Lot Width in feet 54 7924 20 Lot Area in square feet 5 000 14746 20 974 * Variance required to the required lot width Land Use, Zoning, and Site Characteristics Exisfina Land Use and Zoning The site is undeveloped The site is zoned R-5D Residential District Surroundina Land Use and ZoniDg North Undeveloped parcel R-5D Residential District South • Indian River Road Across Indian River Road is the Founders Inn and Regent University complex B-2 Business and H- 1 Hotel Districts Planning Commission Agenda January 8, 200 LBO! LLc # 26 Page 2 East 0 Dental Office and Single family dwellings -2 Business District and R-5D Residential idential District West • Single family dwellings s R-7 5 Residential District Zonina history The subject site was originally subdivided in 1928 and remains as originally platted The site has been zoned residential, single family or duplex, since the adoption of the Faster Zoning Plan of Princess Anne County in 1954 to the present Air Installation Comoatible Use done (AICUZ The site as in a less than 65 d6 Ldn AICUZ zone surrounding NAS Oceana Natural Resource and Physical Characteristics The site is grassed, and has a scattering of small shrubs and trees The applicant has field located the Resource Protection Area (RPA) of the Chesapeake Bay Preservation Area on the !o# The buffer area line meanders along the western side of the lot varying in width from 18 feet to 33 feet The proposed single-family dwellings will be positioned outside of the RPA buffer jai Planning Commission Agenda January 8, 2003 LBH LLC 2 Page ,�otA B Public Facilities and Services Water and Sewer Water There is a 1 -inch water main in Indian River Road fronting the site The proposed lots rust connect to City grater Severer There is a 2-inch force main in Indian River Road fronting the site Are eight -inch sanitary sever main eats in a 1 -foot utility easement fronting the site There is a 1 5-inch utility easement on the south portion of the property The proposed lots must connect to City sewer Comprehensive Plan The Comprehensive Plan Neap designates this area as Suburban Residential / Medium and High Density an area planned for residential uses above 3 5 dwelling units per acre Evaluation of Request Staff evaluation of a subdivision variance is based on several factors, including the degree of compliance with City ordinances and regulations, consistency with the Comprehensive Plan, and adherence to good accepted lard use and development practices and theory Personal hardship does not eater into the Staff's evaluation Above all, Staff's evaluation is based on Section 9 3 of the Subdivision Ordinance, which addresses variances to the ordinance Section 9 3 of the Subdivision ordinance states Section 9 3 of the Subdivision ordinance states o variance shall be authorized by the Council unless it finds that Strict application of the ordinance would produce undue hardship The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood wfll not be adversely affected B&4C Planning Commission Agenda January 8, 2003 LBH LLG / # 26 Page 4 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 such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance Staff recommends approval of the requested subdivision variance subject to the conditions listed below The site is rectangular and narrow in shape, 99 24 feet wide by 365 77 feet long, preventing the possibility of construction of a standard right of gray to serve a small subdivision There is lithe opportunity to consolidate surrounding parcels for a larger residential development Parcels directly west of the site are completely encompassed by the resource Protection Area RPA) of the Chesapeake Bay Preservation Area, and will be severely impacted by the changes to the state Code regarding the Chesapeake Bay Preservation Act The applicant located the PPA buffer area in the field and determined that the existence of the RPA buffer on the site limits the opportunity to use a standard side -by -side lot configuration It also presents challenge in the overall location of the proposed structures It does not appear that approval of the request would be detrimental to the surrounding properties or adversely affect the neighborhood Therefore, staff recommends approval of the subdivision variance request subject to the conditions below Conditions 1 The lots are approved for single-family dwellings only A note shall be added to the subdivision plat stating this restriction 2 Access to both lots shall be through the single 20 foot stern depicted on the submitted plan titled "Indian Diver Road Property, LBH, L L C , Virginia Beach, VA Proposed Site Layout, C101, Sheet 1 of 1" , prepared by Clark Necsen Architecture and Engineering said plan is on file in the City of Virginia Beach Planning Department Planning Commission Agenda January 8, 2003 L H LLc I # 2 Page NOTE [Upon granting of a subdivision variance, a final subdivision plat must be submitted to the Development Services Center for approval and recordation Further conditions may be required during the dmims ration of applicable Iry Ordinances Planning Commission Agenda January 8, 23 L H LLC # 26 Page la it o" C> rCIO coca i �Y 4 A M 4L L Vol qw �. ar '�.�. 'yam-•�. t� PROPOSED SUBDIVISION Planning Commission Benda January , 2003 LBH LLC 2 Page D xPP�xcA�oN pAcE 4 aF 4Sus�.t"sroN VA�vcE � CTFY OF VJRG71+[�4 BEACH Applicant's Name List AH Cmrrew Property Owners DISCLOSURE STATEMENT T I PROPERTY OvvNER DisciosuRE If the property omn= Ls a CORPORATION list aal officers rs of the Corpambon below (Aftac i lai if ne ssary) if the property owner is a ]FARTNERSHM 1rr MM or other LTNINCOM4)RATED ORGANIZATION Ila all mcmb= or varm= w the organization below (Amach lut -mecawry Cho& here if &se property owner is NOT a corporanoc, pa t=rsl7ip firm or other umocorpm%cd orgtimmnoa Tf 1he applrrant is root die cwrremt oWner o the property compAtee the Appheam &xksurr se re bdow I APPLICANT DISCLOSURE If the appi cant is a CORPORATION Est alb officers of the arpm-aion belovr (Attach list ftecessary) i If the appl=ant is a PA " MHIP FDM or othe UNINCORPORATED ORGANIZATION list 0 m bcrs or pars in the orgLmmucc below (ArraeA lisi Ifne ssory) c0A ❑ Check h,ere if the applicant is NOT a corporsum paruersbip farm, or other unincorporated orga.wato,n CERTM ATION I Cerny that thC uxfarr nmed herein is &ue and accurate. Signature Prmt Name Af zoo z0oz rYd T i q0K 00Z T/90 Planning Commission Agenda January 8, 2003 LBH LLC # 2 Page LH L L C Appeal to Decisions of Adrnunistrative officers in regard to Certain elements of the Subdivision ordinance North side of Indian Fiver Toad Soo feel east of Parkland Lane District 1 Centerville January 8 2003 CONSENT Dorothy Wood our last consent item is Item #26 It is LBH Lirruted Liability Corporation It s an Appeal to Decisions of the Administrative officers in regard to the Subdivision ordinance The property is located on the north side of Indian River Road in the Centerville District and has two conditions Douglas Talbert Good atternoon members of the Con�m�ssion M name is Douglas Talbert ofClark Nexsen I represent L IB LL ' and they have no objections to the two conditions Dorothy Wood Thank you Douglas Talbert Thank you Dorothy W ood I would move to appro,� a this stern on the Consent agenda num er with two conditions No opposition Ronald Ripley We have a motion to approve the Consent agenda for the stern so read Do I hay e a second" Eugene Crabtree I'll second it Ronald Ripley Seconded by gene Crabtree Dot would you like to have some discussion's Dorothy Wood Ron would you please corrm rent on Item #26 LBH9 Donald Ripley This item is an stern that came before us several months ago and the applicant had requested that this be divided into two duplex lots a total of four units They had some opposition from the neighborhood They worked with the neighborhood carve hack and actually dropped it down from four units to two units and has also worked out are access arrangement for the properties located to the rear of the site and so we really commend the applicant for wort ing with the neighborhood and working with the to `f to resolve this matter All those items r cornrneDded approval by staff and we put it on the Consent agenda accordingly okav we hay e a motion and a second and unless there is other discussion on the motion, l d like to call for a 'tote AYE 10 NAY 0 AS 0 ABSENT Item #'2-6 L H, L L Page RABTREE AYE DIM AYE HORSLEI A E KATSIS ACE KNIGHT AYE MILLER A E ILEY AIE SALL ' AIE STRANGE AIE WOOD AIE Ronald Ripley By a Grote of 10-0 the motion passes Okay That s it for the Consent agenda Reconsideration of Conditions placed on the Conditional Use Permit approved on 6/23/86 — Approved 1 1/26/91 Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 —Approved 4/14/92 2 Conditional Use Permit (Communication Tower) —Approved 2/11 /97 Conditional Use Permit {Communication Tower} —Approved 12/11/01 Map L-8 TTP 17,0*2t1jroc T-T-r. ■ on mop 10. � }J/JAA VNIA 'f � IIA �'+ FAA{A/ '�.'�•"• }/ fA/ Is r � s Gpin 2416-6&-2328 ZONING HISTORY 1 Rezoning (RD-2 Residence Duplex to CG-3 General Commercial and RD- 2 Residence Duplex to RM Multiple Family) and a Conditional Use Permit (792 units and private boat slips) —Approved 101/5/73 Rezoning (R-5 Residential to B-2 Business) —Approved 4/17/79 Conditional Use Permit (Miniature golf course) —Approved 12/17/79 Conditional Use Permit (Recreational faeilrty of an outdoor nature) Approved 7/5/83 Conditional Use Permit (Recreational facilities of an outdoor nature) 5/21/84 Conditional Use Permit (Recreational facilities of an outdoor nature) — s/23ias Rezoning (A-1 Apartment to P-1 Preservation) —Approved 8/27187 Reconsideration of Conditions placed on the Conditional Use Permit approved 6l23/86 —Approved 2/26l90 Reconsideration of Conditions placed on the Conditional Use Permit approved an 6/23/86 —Approved 4/23/90 Reconsideration of Conditions placed on the Conditional Use Permit approved on 6/23/86 —Approved 6/11 /91 � ua � r CITY OF VIRGINIA BENCH AGENDA ITEM ITEM IMP Ventures, L L C — Conditional Use Permit MEETING DATE February 11; 2003 ■ Background Are Ordinance upon Appfi ation of HP Ventures, L L C for a Condition i Use Permit for a recreational facility of are outdoor nature on the east side of South Birdneck load, approximately 790 feet south of Belis Road (GPIN 2416662328) Said parcel contains 27 04 acres DISTRICT 6 — BEACH The purpose of this request is to construct a 31,000 square foot metal building that will house an amusement park racetrack ■ Considerations The applicant desires to add an enclosed small car racetrack to the subject site, which is currently operating as Motorworld theme park The racetrack would be enclosed in a 31,000 square foot metal building The building will have overhead doors on either side that will be open when the track is in use The building will also contain party rooms that groups can reserve for special occasions The building will be set back over Soo feet from the ultimate right-of-way of South Birdneck Road The building will be 15 feet in height There is an existing racetrack in the area where this building is proposed The existing track will be reconfigured to accommodate the new building There are some existing mature pine trees along the frontage of south Birdneck Road as well as some landscape plantings that have been installed around the main entrance off of south Birdneck Road that will help to screen this building from the right of way However the Capital Improvement Program project to widen South Birdneck Road in this area will necessitate the removal of many of these trees Therefore, additional evergreen plantings along the western edge of the property are suggested as a condition should this use permit be approved The Planning Commission placed this item on the consent agenda because the lotorworld theme park has been operating safely and compatibly at this site for close to twenty years Staff recommended approval and there was no opposition to the request HP Ventures Page 2 of 2 A Recommendations The Planning Corr mission passed a motion her a recorded vote of 1 o-o t approve this request with the following conditions 1 No motorized rides or noise disturbing activities shall be operated after 12 00 Midnight 2 The building shall be parroted to match the existing color scheme of the ether buildings in the Motorworld theme park Category IV plantings shall be installed along the western edge of the site outside of the ultimate right of way for south Birdneck Road to serge as a buffer along the roadway r lanting is encouraged to be innovative in terms of spacing and linear arrangement to allow the widest possible variation for visual enhancement while separating uses A solid screen of plantings is net necessary for this project Plantings shall be installed prior to a certificate of occupancy for the new racetrack building is issued site plan showing the new building location, the reconfiguration of the existing racetrack and the category IV plantings along the western edge of the site shall be submitted to the Development services center for review and approval All conditions attached to the original use permit and all modifications shall remain in effect ■ 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 S `'� , qt3d V142, HP VENTURES-, L.L.C. / # 81 January , 2003 General Information. APPLICATION NUMBER L08-211-CUP-20Q2 REQUEST Conditional Use Permit for a recreational facility ADDRESS East side of Birdneck Road, 790 feet south of Bells Road ELECTION DISTRICT 6 — BEACH SITE SIZE 27 04 acres Al Planning Commission Agenda HP VENTURES, L L C Page 1 STAFF PLANNER Barbara Duke PURPOSE To construct a 31 000 square foot metal building that will house an amusement park racetrack Major Issues: Degree to which the proposal is compatible with the surrounding area Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The site is developed with a recreational use known as the Motorworld theme park and the site is zoned A-12 Apartment District Surrounding Land Use and Zonin-Q North 0 Vacant property -1 2 Apartment , R-10 Residential B-2 Community Business South 0 Vacant property P-1 Preservation District East 0 Ocean Breeze grater park -2 Community Business, P-1 Preservation District West 0 Vacant property I-1 Industrial District Zoning Histo Before October 1973, the site was zoned M-1 3 General Industrial District —recreational uses required a conditional use permit —and R-D 2 Residence Duplex 1 1 3 — Rezoning from RD-2 Residence Duplex to CG-3 General Commercial ial and RD-2 Residence Duplex le to RM Multiple Family and a conditional use permit for 792 units and private boat slips 17f7g - Rezoning from R-5 to B-2 Planning Commission Agenda January 8, 2003 HP VENTURES, L L C Page &tc a 111- conditional use permit for miniature golf course 5 — conditional use permit for a recreational facility of an outdoor nature 5/21/84 — conditional use permit for a recreational facility of an outdoor nature — a recorded agreement between E S G Enterprises Inc and the City of Virginia Beach pertaining to the conditions of the use permit (D B 23399 PG 0993) 8 2 — Conditional use permit for recreational facilities of an outdoor nature 1 A 15 foot dedication along the frontage on South Birdneck Road, 45 feet from the centerline of the old 60 foot right-of-way as per the Master Street and Highway Plan 2 Appropriately sized drainage easements are required along owls Creek and its tributaries impacting the site 3 Dedication of a 100 foot treed buffer to be preserved in its present and natural state without any clearing: and, to be zoned P-1 Preservation District The width f tin is buffe r is to be measu real 100 feet to the west from the mean h igh water line beginning at the northern property fine, running along Owl's Creek in a southwesterly direction and turning the corner at the tributary which divides on Area 2 as designated on the Festival Park Plan submitted by Talbot and Associates, dated May 6, 1986 This P-1 zoning sbali be initiated prior to the site plan approvalRe-vegetation will be subject to staff review All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries through the use of on -site storm water retention ponds and grassed swales Perimeter filter strips around all parking areas and porous pavement material for all surface -parking areas small be required providing that the underlying soil is suitable Riprap shall be used at all outfalls Pedestrian access to the P-1 area should be limited to only the pedestrian bridges and the "scenic overlook17 All lighting should be low level and directed toward the interior of the park Tura lanes and signals ation shall be provided on South Birdneck Road as approved by the City Traffic Engineer The hours of operation are restricted from 10 00 a m to 10 00 p m , except Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight There will be no public address system other than for background music and emergency announcements, no recreational use of owls Creek associated with this park and no outdoor concerts 10 All structures are to be limited in height to 35 feet or less 11 There shall be no boating on Owls Creek Planning Commission Agenda January 8, 2003 FOP VENTURES, L L C 8 Page 12 Any significant change to this plan shall come before City Council for further consideration 8/27/87 —Rezoning from A-1 to P-1 (required by Condition 3 of the use permit approved 6/2fi/86) 2/26/90 —Reconsideration of Conditions 8, 9, and 10 placed on the Conditional Use Permit approved 6/23/86 (reconsideration of Conditions 8 and 10 were deferred by the Planning Commission) Condition 9 was modified as followed A There shall be no public address system other than for background music and emergency operations B No recreational use of Owls Creek associated with this park e No rock concerts or loud music performances will be permitted One 300 seat outdoor stage to be used for family entertainment and limited to puppet shows, magic shows, and variety shovers of approximately twenty o minutes each E The facility shall face Birdneck Road or Motor World, away from Owls Creek F Hours of operation shall be restricted from 10 00 a am to 10 00 p rn , except from Memorial Day thru Labor Day and on holidays and weekends, closing shall be at midnight and G Approval for this stage shall be for a period of two 2 years 4/ — Reconsideration of Conditions 8 and 10 Condition A Approved request to keep mechanical rides and other activities open daily (seven days a week) from 10 00 a rn until 12 00 Midnight B Approved miniature golf, pizza restaurant and activities from Shipwreck Golf Course to Birdneck Road may be open from 10 00 a rn until 2 00 a m Freda and SaturdaC1v Condition 10 The proposed mechanical rides shall be located in the area marked "future development 11 on the submitted site plan adjacent to south Birdneck Road and running east to the Shipwreck Golf This does not include the aerial tran which is acceptable as shown on the site plan Height linnet shall be varied in this area only B A Board of Zoning Appeals variance is required for all structures exceeding the -foot hef ht limitation, which may occur only in the area of Conditions 1 as, described above LA Planning Commission Agenda January f 2003 HP VENTURES, L L. c Page 4 C The proposed tram is approved only for the route shown on the submitted site plan dated January 23,1 990, by Talbot and Associates This route is parallel to the existing roadway The tram shall not be allowed to cross Owls Creek in any other location D Trees shall be preserved on the development site where possible A tree protection plan and planting plan shall be submitted to the City Arbrrst and Director of ,the Virainia Museum Marine Science for review before any clearing or development activity tales place The plan shall mcl de a pre- and post. - development tree inventory This condition shall apply to al future development E No motorized rides or noise disturbing activities shall be operated after 12 00 Midnight F All other conditions shall remain the same Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of greater than 75dB Ldn surrounding NAS Oceana The Navy A1CUZ liaison has indicated there is no objection to this request Natural Resource and Physical Characteristics Owl s Creek marsh borders the eastern side of the site Public Facilities and Services Water and Sewer City water and sewer currently serve the site Transportation Master Transportation Plan (MTP) !Capital Improvement Program (CIP) South Birdneck Road in the vicinity of the subject site is currently a two lane roadway It is identified on the Master Transportation Plan as a 100 foot wade divided roadway with bikeway There is a CIP project to widen this roadway listed in the Capital Improvement Program document as CIP 2-749 Birdneck Roar! Phase II Right-of-way acquisition in the vicinity of the subject site is currently in progress with construction scheduled to start in June 2003 Traffi o There will be no noticeable impact on traffic generation with the addition of one racetrack Planning Commission Agenda January 8, 2003 HIP VENTURES, L L C Page L& 13 i Public Safety Police The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site Fire and Fire protection sterns will be addressed during detailed building Rescue and site plan review Comprehensive Plan The Comprehensive Plan identifies this area as the Owls Creek Area that includes major recreational and cultural resources Summary of Proposal Proposal The applicant desires to add an enclosed small car racetrack to the subject site, which is currently operating as llotorworld theme park The racetrack would be enclosed in a 31,000 square foot metal building The building will have overhead doors on either side that will be open when the track is in use The building will also contain part} rooms that groups can reserve for special occasions The building will be located west of the main building at the entrance to Ilotorworld The building will be set back over 300 feet from the ultimate right-of- way of south Birdneck Road The building will be 15 feet in height There is an existing racetrack in the area where this building is proposed The existing track will be reconfigured to accommodate the new building • There are some existing mature pine trees along the frontage of South Birdne k Road as well as some landscape plantings that have been installed around the main entrance off of south Birdneck Road that will help to screen this building Planning Commission Agenda January 8. 2003 WPVENTURES, LLc Page from the right of way However, the Capital Improvement Program project to widen South Rirdne k Road in this area will necessitate the removal of many of these trees Therefore} additional evergreen plantings along the western tern edge of the property are suggested as a condition should this use permit be approved Evaluation of Request The request for a conditional use permit for a recreational facility is acceptable The Motorw rld theme park has been operating safely and compatibly at this site for close to twenty years The building and racetrack will be thoroughly reviewed for building and fire code requirements prior to occupancy It is recommended that the additional racetrack be approved subject to the following conditions Conditions 1 No motorized rides or noise disturbing activities shall be operated after 12 00 Midnight 2 The building shall be painted to match the existing color scheme of the other buildings in the IltorVrld theme park 3 Category IV plantings shall be installed along the Western edge of the site outside of the ultimate right of way for South Birdneck Road to serve as a buffer along the roadway Planting is encouraged to be innovative in terms of spacing and linear arrangement to alloy the widest possible Variation for Visual enhancement while separating uses A solid screen of plantings is not necessary for this project Plantings shall be installed prior to a certificate of occupancy for the new racetrack building is issued site plan shoving the new building location, the reconfiguration of the existing racetrack and the Category IV plantings along the wetern edge of the site shall be submitted to the Development Services Center for review and approval All conditions attached to the original use permit and all modifications shall remain in effect Planning Commission Agenda .January 8. 23 HP VENTURES, L L C Page NOTE Further conditions maybe required during the administration of applicable City Ordinances The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes Conditional use permits must be activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information Planning Commission Agenda January 8, 2003 FOP VENTURES, L L C Pave 8 4 Planning Commission Agenda January 2003 HP VENTURES, L L C Page ku i LU ix Planning Commission Agenda January 8, 2003 HP VENTURES9 L L C Page 1 Aw , '' - W _.. . A . - - - ­0 h, 4�dw RL .} 71 Y7 IV 41 a a r$ i NVI +� r -'4 � � f x � •# aw ,....} Syr � w.� Jf �r NNW Kz - M-k. AL L4 .} "K _ Af Cp "i ,- �.. .�- •� ! '� � ,ems v' '. � *w "� � n f 1 l � ^� •: �' � ..�' r � "# - # � *�� � 4 ! .� `� � - x � aryl �' 4 F..V. ; ` x �' , .. ' mp, P - 4 , ••• �gy - v o fix. DISCLOSURE STATEMENT Applicant's Name T' � Cfic,'(�z� ��� _ 4 {��iTCS List All Current Property owners k44 PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION list all officers of the Corporation below (Attach list if necessary Arri If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION list all members or partners in the organization below (Attach list if necessary) ❑ Check here d the property owner is NOT a corporation partnership, firm or other unincorporated organization f the applicant is not the current owner of the property complete the Applicant Disclosure section below APPLICANT T DISCLOSURE It the property owner is a CORP0RATI0N list all officers of the Corporation below (Attach list rf nimroc=ml l j6. ?'Y? 1S 71"In'� If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION list all members or partners in the organization below (Attach list if necessary) D Check here if the property owner is NOT a corporation partnership firm or other unincorporated organization CERTIFICATION 1 certrfy that th nfa atron contained herein is true and accurate Q�.,.� � �� r Tres g[«.Jc- U �I�L 0 -1:_ 411,E Y. GVLL-1NAti Signature Prirtt Name Conditional Use Permit Application Page 8 of 1 Planning Commission Agenda January 8, 2003 HP VENTURES, L L C Page 12 HP Ventures L L C Conditional bse Permit Eat side of South Btrdneck Road 790 feet South of Bells Road District Beach January 8 ?3 CONSENT Dorothy Wood The nest stern is Item #8 It's HP Ventures It s an Ordinance Capon Application for a Conditional Use l errrut for a recreational facility of an outdoor nature on South Birdnecic Road 1n the Beach District It has five conditions Mr Wood Cris wood Hi My name is Chris wood 1 m with JD&W Construction repr sentin the proposed user We ve read the conditions and have no problem with there Dorothy wood Thank you Ronald Riplev See if there s any opposition to it Dorothy wood Is there and opposition to that item I would move to approve this itern on the Consent agenda number with five conditions noting that number three has changed No opposition Ronald Ripley we have a motion to approve the Consent agenda for the stern so read Do I have a second � Eugene Crabtree 111 Necond it Ronald Ripley Seconded by Gene Crabtree Dot ould you like to have some discussion I Dorothy wood Yes Mr Din would you please explain Item # -1 William Din The next item was Item #8 This involves an existing recreational facility out can Birdneck Road This one is an existing facility Theiv are creatincr a new entertainment area placing a building on this facility we felt like it did not cause any problems with compatibility or noise we felt that it was very good change for that area We did note that Bircdneck is on thc, CEP coming and would remoe some of the trees that would buffer this area and so there was a condition placed on it to compensate for that tree lass So we placed it on the Consent agenda with those changes noted Dorothy wood I will not he voting on Item #8 My company is working on this site Item # HP Ventures L L C Page Ronald Ripley okay we have a motion and a second and unless there is other discussion on the motion I d like to call for arote YE C ABT EE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD NAY 0 ABS I ABS ABSENT I Ronald Ra ley By a vote of 10-0 with the a stent.1n so noted the motion passes Wr r irq1 wwT i _ i V" pits 178-14-5868 ZONING HISTORY 1 Conditional Use Permit (self -storage) —Approved 3/8/94 2 Conditional Use Permit (auto sales) -- Approved 1/22/02 3 Conditional Use Permit (gas sales) —Approved 9/13/82 4 Conditional Use Pemrit (auto sales) —Approved 4/11/83 U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM D 11 Gatling, Inc— Conditional Use Permit MEETING DATE February 111 2003 ■ Background An Ordinance upon Application of D W Gatling, Incfor a Conditional Use Permit for mini -warehouses on the south side of Haygood Road, 400 feet east of Aragona Boulevard (GPIN 1 1 5 Parcel contains 1 65 acre DISTRICT — BAS1 DE The applicant desires to construct and operate a self -storage facility on the subject site ■ Considerations The applicant proposes to construct a self -storage facility on the subject site The to ilit r will be are expansion of the existing facility located north of the site, at 50 Haygood Road This facility will have the same brick fa ade, architectural features and colors as the existing facility The site will have a computerized gate with access hours of 7 00 am to 7 30 pin, the same hours approved for the existing operation at 4850 Haygood load The site will contain three one-story self -storage buildings meeting all required setbacks s small dry pond for stormwater management is located in front of the buildings, along Haygood Road An ornamental wrought iron style fence will be installed along the frontage of Haygood Road The Planning Commission placed this item on the consent agenda because the applicant has consistently demonstrated a high quality of development Staff recommended approval There was no opposition to this proposal ■ Recommendations The Planning Corni(on passed a rot(on by a recorded vote of 1 -o to approve this request with the following conditions 1 When the property is developed, it shall be developed substantially as shown on the site plan entitled Parcel A-3 Allsafe Self -Storage, dated 1 1 02, prepared by the Spectra Group, which has been exhibited to the Virginia Beach City Council and is on fife with the Virginia Beach Department of Planning 2 The external building materials and architectural design elements of the buildings shall be substantially similar to the existing buildings at 4850 Haygood Road Building architectural elevations shall be subject to approval by the Planning Director or his designee to ensure compliance with this condition 3 All exterior lighting (shown on site plan) shall be low intensity and residential in character All other exterior fighting on the property shall also be building mounted or ground level lighting which is not directly visible from the (main road)/According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini -warehouse premises, said lighting and glare shall be de#lected, shaded, and focused away from all adjoining property Any outdoor lighting fixtures shall not be erected any higher than 14 feet Hours of operation are 7 oo am to 7 30 pm daily Gaited sites shall provide for Fire Department access using the Knox or Supra Ivey system Gates shall have failsefe operation in the event of power failure The units shall not be used for office purposes, band rehearsals, residential dwellings or any other purpose not consistent with the storage f goods The storage units shall be used only for the storage of non -hazardous goods Portable or auxiliary power supplies will not be allowed on site for tenant use M Attachments Staff Review Disclosure Statement Planning Commission Minutes Location Neap Recommended Action Staff recommends approval Planning Commission recommends approval Submitting Department/Agency Planning Department City Manager I &WL D.W. GATLING, INC. / # 10 January 8. 2003 General Information: APPLICATION E05-210-CUP-2002 NUMBER REQUEST ADDRESS GPIN ELECTION DISTRICT Conditional Use Permit for a serf -storage facility South side of Haygood Road, 400 feet east of Aragona Boulevard Ma F'S 71% firr _ -'s r —a e t 6? SO CI r V rr—` `' lip `� • Ls AA .110 t.p►► # 14781458680000 — BASIDE G iro 14 —1 '868 Planning Commission Agenda January 8, 2003 D W GATLING,INC�. Page 1 SITE SIZE 72,081 square feet STAFF PLANNER Barbara Duke PURPOSE The applicant desires to construct and operate a self -storage facility on the subject site Mayor Issues: o Compatibility with surrounding uses • Consistency of proposal wrth the Comprehensive Plan Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The site is vacant and is zoned B-2 Community Business District Surrounding Land Use and Zoning North 0 Various commercial uses and self -storage facility B-2 Community Business District South • Single -Family homes R-7 5 Residential District East 0 Single -Family homes R-7 5 Residential idential District West . Contracting company office and various commercial uses B-2 Community Business District Planning Commission Agenda ,January 8, 2003 D W G TL1NG, INC 1 Page LA al Ir re � 00 Zonina Histo conditional use permit for a self -storage facility for the same applicant, D W Gatlin , was approved on property north of this site, at 4850 Haygo d Road, on March 3, 1994 The applicant has complied with all conditions of that use permit There have been several use permits granted for the commercial areas around this site for auto related uses Air Installation Compatible Use Zone (AICUZ) The site is in an AiCUZ of less than 65dB Ldn surrounding NAS Oceana Natural Resource and Physical Characteristics The site is a level, grassy field Public Facilities and Services Water and Sewer Water and severer connections will not be required for this use Transportation Master Transportation Plan (MTP) / Capital improvement Program (CIP) Haygood Road is identified on the Master Transportation Play as a 100 foot wide divided roadway with bikeway The right-of-way in the vicinity of the subject site is 100 feet wade, so no additional reservation is required at this time Traffic Calculations The traffic generated by the proposed use will be less than that generated by uses alloyed by right in the B;2 Community Business District 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 Crimp Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site Planning Commission ion Agenda January 8, 2003 D 1f GATLING, IC 1# 1 Page Fire and Fire protection items will be reviewed during detailed site plan Rescue review Comprehensive Plan The Comprehensive Plan identifies this area as a neighborhood commercial area Any commercial use should serge neighborhood needs and be compatible with the residential neighborhood in terms of land use and design Summary of Proposal Proposal The applicant proposes to construct a self- storage facility on the subject site The facility will be an expansion of the eating facility located north of the site, at 4850 Haygood Road This facility will have the same brick faade} architectural features and colors as the existing facility The site will have a computerized gate with access hours of 7 00 am to 7 30 pm, the same hours approved for the existing operation at 4850 Haygood Road Site Desion The site will contain three one-story self -storage buildings meeting all required setbacks A small dry pond for stormwater management (s located in front of the buildings, along Haygood Road An ornamental wrought iron style fence will be installed along the frontage of Haygood Road Vehicular and Pedestrian Access Access to the site will be via an existing shared curb cut on the western property line Internal 20-foot pride drive aisles will serge the self -storage units There wrtl be no office or customer parking located on this site This site ail have a gated entry Customers will be given an access code to enter the site n intercom system will be provided between the two sites also, so that customers may contact the office from the site if they need assistance at the �,'If Plann(ng Corntfon Agenda January 8, 2003 if GATLING, MC 1 Page gate This is not a paging system and will not have any noise impacts on adjacent properties Architectural Design • The self -storage facility is intended to match the existing facility at 4850 Haygood Road The buildings will be brick one-story structures The front fa ade of all three buildings will include gables The building side along the eastern property line, adjacent to the residential neighborhood,, will be a solid wall to storage Tors are located on this side The building sides along the southern property line, adjacent to the residential neighborhood will also be solid galls Landscape and Open Space Des The submitted site plan meets all landscape requirements of the zoning ordinance A 1 -foot wide buffer planted with Leyland cypress is shown along the eastern and southern property lines, adjacent to the residential neighborhood • Along the western property line, ad)a ent to commercial use, the buffer will be planted with southern wax myrtles Along the frontage of the site, crepe myrtles and holly will be planted Holly plants are also shown along the foundations of buildings 2 and 3, as required by ordinance The ordinance requires that the entire site he enclosed by fence or wall The proposed site plan shoves that the building wall will be used along the eastern property line, a fence will extend from the building along the western property line and continue around to the other two sides as well The site will be completely enclosed as required Evaluation of Request The request for a Conditional Use Permit for a self -storage facility is acceptable The applicant owns several self -storage facilities within the city, including the self -storage facility at 4850 Haygood Road, and has consistently demonstrated his commitment to Planning Commission Agenda January , 2003 D W GATLING, INC 10 Page maintaining a high standard of quality The exceptional design and landscape plan that is proposed as well as the proposed hours of operation ensure compatibility with the adjacent residential neighborhood The request for a Conditional Use Permit for a self - storage facility is recommended for approval with the following conditions Conditions 1 When the property is developed, it shall be developed substantially as shown on the site plan entftled Parcel A-3 Allsafe Self -Storage, dated 1 31 2, prepared by the Spectra Group, which has been exhibited to the Virginia Beach City Council and is on fife with the Virginia Beach Department of Planning 2 The external building materials and architectural design elements of the buildings shall be substantially similar to the existing buildings at 4850 Haygood Road Building architectural elevations shalt be subject to approvai by the Plann(n Director or his designee to ensure compliance with this condition All exterior lighting (shown on site plan) shall be lover intensity and residential in character All other exterior lighting on the property shalt also be building mounted or ground level lighting which is not directly visible from the main road)/Accord(ng to section 237 of the City Zoning Ordinance, all outdoor fights shall be shielded to direct light and glare onto the rani -warehouse premises, said fighting and glare shall be deflected, shaded, and focused agar from all adjoining property Any outdoor lighting fixtures shall not be erected any higher than 1 feet Hours of operation are 7 oo am to 7 30 pm daily Gated sites shall provide for Fire Department access using the Knox or Supra key system Gates shall have failsafe operation in the event of power failure The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods The storage units shall be used only for the storage of non -hazardous goods Portable or auxiliary power supplies will not be allowed on site for tenant use Planning Commission Agenda January 8, 2003 w GATILI #G, INC 1 Page NOTE Further conditions maybe required during the administration of applicable City Ordinances The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes Conditional use permits must be activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information Planning Commission Ag n la January , 2003 ATLING, INC # 1 Page r v .r AN w.r 'W i r-w" vt d6v xx%w; IF •'#�C 'WArtl rig V ., z a d w fy C) LIZIL 0 9 C6 i U1 + � dM% V kill PROPOSEDg TE PLAN Lk z&4cA oT Planning Commission Agenda January 8, 2003 . TLlNGINC 1 .-d W Page Ar c Planning Commission Agenda January 8, 23 D W GATLING, INC 1 Page rw , 40, 007 OF Op ,� -�4 . r � � tea. '�+ •� ,rr�� * } ..rf � �� �' � * 00 P .' L� *� �VF � ,- �} N- x• r AL Amp - �� _ r st y yLot.� •� t w {x 4 _/ v„ + j 4R f sq— at X4. r ti'.: AL Ot jo 0 r 5 T41k loop • • • r �✓ 4 . � w .. OW Ak,dx `-, or 4jk AIR f Fw ?{ e -� dp ■ c v a t 5 M "W January 8, 2003 "It�* D W UATLINU, ING 11C Pap IC CLOSURE STATEMEIT Applicant's Name TL.. 1, � � - � � -SL �--- List All Current Property Owners H _ 1 F_�� !„ _ PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION! list ali officers of the Corporation below (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM or other UNINCORPORATED ORGANIZATION list all members or partners in the organization below (Attach list if necessary) im Check mere if the property owner is NOT a corporation partnership firm or other unincorporated oranation If the applicant is not the current owner of the property, complete the Applicant Disclosure section below APPLICANT DISCLOSURE If the property owner is a CORPORATION list all officers of the Corporation below (Attach list if necessary) 1f the property owner is a PARTNERSHIP, FIRS! or other UNINCORPORATED ORGANIZATION list all members or partners in the organization below (Attach list if necessary) a Check here if the property owner is NOT a corporation partnership firm► or other unincorporated organization CERTIFICATION !certify That the information contained herein is true and accurate r Signature Conditional Use Permit Application Paige 8 of 1 Print Name Planning Commission Agenda January 8.20 D W GATLI G, INC 1 Page 11 r D w Gatlincr fnc Conditional Use Perrmt South side of Haygood Road District Bayside Jnury 81, 200.`3 CONSENT 400 feet east of Aragona Boulevard Dorothy wood The next item is Item #10 D w atling, Inc It s a Conditional Use Pe rm for a rmni-warehouse on the south side f H r od Road, east f E r na Boulevard in the Bayside District with se% en conditions J butter Yes ma'am For the record my name is R J Futter F m an attom y representing Mr Gaffinor And we have no objections to the conditions and we appreciate your vote of confidence Dorothy wood Thy you Is there any opposition to D ' i Gathna for a Conditional Use Perin for a rruni-warehouse" Hearing none i would move to approve this item on the Consent agenda nurn h r 10 with seven conditions No o po itjon Donald Ripley We have a motion to approve the Consent agenda for the item so read Do I have a second' Eugene Crabtree 111 second it Ronald Ripley Seconded by Gene Crabtree Dot would you like to have some discussion` Dorothy wood Yes Mr Din i% ould y ou please explain Item # 109 William Din And the last item I will be speaking on is Item #10, which is on a self- storage facility Conditional Use Pernut This is in the Bayside District off of H rood Road We felt like this was an area that was compatible with this Use The o ner/applicant of this item also o�i ns several other facilities rn the City axed his demonstrated a high comnutrnent to high duality in his projects and his areas are well maintained Again, we did not have any questions or concerns about that and placed it on the Consent agenda Dorothy Wood Thank you Ronald 1ple� Okay, we have a motion and a second cind unless there is other discussion on the notion I d like to call for a vote AYE 10 NAY 0 AS 0 ABSENT I Item ## 10 W Gatlincr In 'acre 2 CRABTREE AYE SIN AYE R RSLEY AYE ATSIAS AYE KNIGHT AYE MILDER AY RIL Y AYE SALLE" AYE STRANGE AYE WOOD AYE Ronald Ripley By a Aote of to-o the motion passes r.r.T Jr- C. rpin - see appItcar:on ZONING HISTORY 1 Rezoning ning B-2 Business District and - 12 Apartment District t Conditional B-2 Business District) and a Conditional Use Permit (Mini - warehouse) — Approved 5-25-99 Re nin A-1 Apartment District to o-2 Apartment District and A-1 Apartment to B-2 Business District) — Withdrawn 6-22-87 r Rezoning R- 2 Residence Duplex to R-M multiple Family Residence and C-L 2 Limited Commercial) — Approved 13-69 Expansion f aE Nonconforming Use — Approved6-13-00 3 Replacement ement f a Nonconforming Use — Approved 3-2 -95 4 Rezoning (A-12 Apartment District to Conditional A- 18 Apartment District) Approved 3-20-89 Conditional Use Permit(Bulk Storage — Motor Vehicles) — Approved 12- 1 -2 , � E �r eo CIS' OF VIRGINIA BEACH AGENDA ITEM ITEM CCT, L C — Conditional Use Permit MEETING DATE February 11, 2003 ■ Background An Ordinance upon Application of CCT, L C for a Conditional Use Permit for mini -warehouses on the north side of Virginia Beach Boulevard, approximately 130 feet east of Shipp Lame (GPIN 2417269170, 2417269553, 2417364305) Said parcel contains 9 73 acres DISTRICT 6 — BEACH ■ Considerations It is the intent of the applicant to obtain a Conditional Use Permit for mini - warehouses on the site A previously approved Conditional Use Permit for the same use expired in February 2001 The Conditional Rezoning approved on the site in May 1999 limits the use of the site to self -storage facilities Two important factors to consider with this request are the proposed use and the appearance of the site Due to the site's location in the highest AICUZ and Accident Potential Zone, a mini -warehouse facility is an appropriate use for this site In terms of appearance, the site is in an area along Virginia Beach Boulevard that needs aesthetic enhancements This fa ilfty will enhance the overall appearance of this area The proposed buildings are attractive one-story structures with a balanced blend of split face block and metal in earth tone colors The proposed landscaping exceeds requirements for street frontage and foundation landscaping on the front of the site The proposed dense blend of shrubs along the property lines adjacent to residential uses will provide a more than adequate buffer The Planning Commission placed this item on the consent agenda because the proposed facility will contribute to the enhancement of this area Staff recommended approval There was no opposition to the proposal ■ Recommendations The Planning Commission passed a motion by a recorded vote of 1 -0 to approve this request with the following conditions C CT Page 2 of 3 1 The site shall be developed in accordance with the site plan entitled, "Preliminary Layout Plan for Self Storage Facility, Virginia Beach, Virginia' dated 1 -1 - 2, prepared by Site Improvement Associates, Inc Said plan is on file in the City of Virginia Beach Planning Department 2 All site improvements shall remain at least sixty feet ' from the top -of -bank Top -of -hank is referenced on the site plan as " PA Liner' With the exception of the outfall, the stormwater management facility shall not be located within 60 feet of the top -of -bank This undisturbed area shall remain in a natural state to include leaf litter left intact The outfall may require a Joint Permit Application submission to the applicable federal state, and local tidal wetlands authorities Dual erosion and sediment controls shall be installed prior to any land disturbance 50 feet from the top -of -bank In addition, orange safety fencing shall be installed to delineate the limits of construction Landscaping shall be installed as indicated on the submitted plan titled "Preliminary Layout Plan for Self Storage Facility, Virginia Beach Virginia", dated 11 -1- 2 prepared by Site Improvement Associates, Inc Said plan is on file in the City of Virginia Beach Planning Department The buildings shall be constructed substantially in conformance with the submitted elevation titled "A Proposed Self Storage Facility for CCT, LLC, Virginia Beach Boulevard, Virginia Beach, Virginia", prepared by Martin Martin Architecture Inc Said elevation is on file in the city of Virginia Beach Planning Department conservation easement, subject to the approval of the Environmental Management Division of the Planning Department, shall be recorded over the wetland areas of the site All exterior lighting, as shown on the elevation shall be low intensity and residential in character According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini -warehouse premises said lighting and glare shall be deflected, shaded, and focused array from all adjoining property Any outdoor lighting fixtures shall not be erected any higher than 14 feet The storage units shall be used only for storage of non -hazardous goods The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage f on -hazardous goads No barbed wire, razor wire or any other fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the property CCT Page 3 of 3 0 Attachments Staff Review Disclosure Statement Planning Comrnission Minutes Location Map Recommended Action Staff~ recommends approval Planning Commission recommends approval Submitting Department/Agency Planning Department City Manager L%. t4lok CCT, L.C. / # 13 January 8. 2003 General Information: APPLICATION NUMBER K06-212-CUP-2002 REQUEST Conditional Use Permit for Mint -Warehouses ADDRESS The North side of Virginia Beach Boulevard, 130 feet East of Shipp Lane Map���_�_ rr.T r_� ■ IPA � GPIN 24172 1700000 241723000 24173 430 0000 ELECTION DISTRICT - E CH ptn — see appltcarron Planning Commission Agenda r January , 2003 ��--- � C CT, L. C 1 Pave 1 SITE SIZE 9 73 acres STAFF PLANNER Faith Christie PURPOSE To construct a mini -warehouse facility on the site Major Issues: 0 Compatibility with surrounding uses Consistency f proposal with the Comprehensive Plan Land Use, Zoning, and Site Characteristics: Existina Land Use and Zoning The site is heavily wooded and is currently undeveloped The property as zoned Conditional B-2 Community Business District Surrounding Land Use and Zon�n r r North Apartments A- 18 Apartment District South Virginia Beach Boulevard Across Virginia Beach Boulevard is mixed residential and commercial uses B-2 Community Business District and P- S Residential East Birdnek Creek East of BNrdneck Creek, apartment A-12 Apartment District BE - Planning Commission Agenda January 8.2 Page West Mined residential uses A-12 Apartment District and B-2 community Business District Zoning Histou The site was rezoned from R-D 2 Residence Duplex to R-M Multiple Family Residence and C-L 2 Limited Commercial in January 1969 A request to rezone the subject site from -1 Apartment District to -2 Apartment District and -2 Community Business District was withdrawn in 1987 The site was rezoned from B-2 community Business and A-12 Apartment to Conditional B-2 and a conditional Use Permit for a mini warehouse facility was approved in May 1999 The prefer agreement contained two proffers 1 The Grantor shall develop the Property for the sole purpose of construction and operation of a self -storage facility containing 78,200 square feet including an office facility and one residence unit for an employee of the facility owner 2 The Grantor covenants and agrees that 1 the Zoning Administrator of the City of Virginia Beach, Virginia, shall be crested with all necessary authority on behalf of the governing body of the city of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including 1 the ordering in writing of the remedying of any noncompliance with such conditions, and the bringing of legal of legal action or suit to insure compiiarnce with such conditions including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings, 2 the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate, 3 if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in Court, the Zoning Map, shown by an appropriate symbol on the map, the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be readily available and accessible for public inspection in the office of the Zonfng Administrator and in the Plann(ng Department, and that they shall be recorded in the Clerk's Office of the circuit court of the City of Virginia Beach, Virginia, and indexed in the naive of the Grantor and Grantee, and (5) further conditions may be required by the Grantee during detailed subdivision and site plan review and the administration of applicable City Codes by all relevant City agencies and departments to meet all applicable City Code requirements The following conditions were attached to the Conditional Use Permit Planning Commission Agenda January , 2003 c CT, L c 1 Page The site shall be developed in accordance with the site plan entitled, "Preliminary Layout for American Classic self Storage Facilities," dated 3-26-99, prepared by Site Improvement Associates, Inc which has been exhibited to City Council and is on file with the Virginia Beach Planning Department The site plan may be revised to accommodate a 1 ' buffer along property lines abutting A-12 zoning if a variance is not granted by the Board of Zoning Appeals However, all warehouse buildings must remain at least sixty feet 0 from the top -of -bank Top -of -bank is referenced on the site plan as "RPA Line " 2 There shall be no land disturbance within 50 feet of the top -of -bank With the exception of the outfall, the storrnwater management facility shall not be looted within 50 feet of the top -of -bank This undisturbed area shall remain in a natural state to include leaf litter left intact The outfall may require a Joint Permit Application submission to the applicable federal, state, and local tidal wetlands authorities 3 Dual erosion and sediment controls shall be installed prior to any land disturbance 50 feet from the top -of -bank In addition, orange safety fencing shall be installed to delineate the limits of construction Landscaping shall be installed as indicated on the submitted landscape plan prepared by Kathleen Zeren, dated 3-30-99, which has been exhibited to City Council and is on file with the Virginia Beach Planning Department The architectural design and materials of the office manager residence building shall be constructed as depicted in the submitted enlarged photograph The front gates shall be black aluminum metal "wrought iron' style Only one entrance shall be pernmytted to the site This entrance shall be 30 to 40 feet ,n width, with a radius of 25 feet These conditions shall be noted on the final site plan Two zoning variances were approved on the site in 1999 for a six-foot side yard setback along the east, west, and south property lines and to waive the Category Iv screening Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of more than 75dB Ldn and an Aircraft Accident Potential Zone 1 (APZ1) surrounding NAS Oceana Mini warehouse facilities are an appropriate use in this AICUZ area Planning Commission Agenda January 8., 2003 CCT , L C 13 Page Natural Resource and Physical Characteristics The majority of this site is heavily wooded and contains areas located within the Resource Protection Area as defined by the Chesapeake Bay Preservation Area ordinance In order to comply with the ordinance, the applicant has located all development outside of the seaward fifty feet of the Resource Protection area The applicant is willing to dedicate a conservation easement over the wetland and Chesapeake Bay protection areas Public Facilities and Services Water and Sewer Dater There is a 1 - in h water main in Virginia Beach Boulevard fronting the site The site must connect to City water Sewer There is an eight -inch sanitary sewer main in Virginia Beach Boulevard fronting the property The site must connect to City sewer A pump station and sewer analysis will be required to ensure adequate capacity for new flows Transportation Master Transportation Plan (MTP) /Capital Improvement Program (CAP) Virginia Beach Boulevard in front of this site is a minor urban arterial roadway It is designated as a four lane divided roadway on the Master Transportation Plan A right of war reservation may be required during detailed site plan review There are no plans to improve the right of war it is suggested that the entrance to the site should align with St Paul Street Traffic Calculations Street Marne Present Present Generated Traffic Volume Capacity 1 4 Existing Land Use 1 Virginia Beach Boulevard � 5 DT 1 ADS Level oi � Proposed Land U 1 Planning Commission Agenda January 8, 2003 Page Service to D "-verage Daily Trips 2 as defined by B 2 Zoning 3 as defined by Mini Warehouse Public Safetv 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 (OPTED) concepts and strategies as they pertain to this site Fire and A Certificate of Occupancy shall be obtained before occupancy Rescue or use of the buildings The storage units shall he used only for storage of non -hazardous goods The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods For the purpose of Fire Department access the site shall be equipped with the Knox or Supra fey system Gates shall have fail-safe operation in the event of a power failure The minimum fire lane width shall be not less than 20 feet Additional fire lanes and proposed locations of fire hydrants will be reviewed during detailed building plan review Comprehensive Plan The Comprehensive Plan Map recommends this area for retail, service, office and other compatible uses within commercial centers serving surrounding neighborhoods and communities Summary of Proposal Progosal It is the intent of the applicant to obtain a Conditional Use Permit for mini - warehouses on the site A previously approved Conditional Use Permit for the Planning Commission Agenda ,January 8, 2003 C CT, L C / ## 1 Page same use expired ,n February 2001 The Conditional Rezoning approved on the site in May 1999 limits the use of the site to self -storage facilities Site Design The submitted site plan depicts sic rectangular mini -warehouse buildings, an office/manager residence and a stormwater management facility A six space parking area fronts Virginia Beach Boulevard, and a single 0-foot entrance serves as the access to the site A portion of this site is located within the Chesapeake Bay Preservation Area The plan denotes the top -of -bark (referenced as the Resource Protection Area [RPA] lire) and the - foot buffer from this lire The Chesapeake a Bay Preservation Act strictly prohibits any land disturbance within this "seaward 50 foot buffer " The buildings are situated 60 feet from the top -of -bank in order to ensure that no land disturbance occurs in the protected area The applicant has indicated to staff that they are willing to place a conservation easement over the wetland areas Although the site has a variance to encroach up to s« feet into the required setbacks along the western, eastern, and southern property lines the buildings have been located at the required 1 -foot setback Vehicular and Pedestrian Access single access from Virginia Beach Boulevard is depicted on the site plan There are no sidewalks in this area of Virginia Beach Boulevard On -site maneuvering appears to be adequate with a minimum 3 -foot drive aisle between and around the buildings Architectural Design The submitted elevation depicts an attractive one story building of dark brown split face Nock, tan and white metal, and tarp roof A wrought iron style fence and gate is depicted between the front buildings Planning Commission Agenda January , 2003 C CT, L c 1 Page Landscage and Oxen Sc. Desi r Street frontage landscaping, while not required, is shown as a mix of crape myrtle trees and Chinese juniper shrubs Foundation screening is depicted across the entire front of the buildings, except at the entrance, facing Virginia Beach Boulevard Three evergreen trees are depicted in the front yard area of site A rover of alternating Hollywood juniper and wax myrtle are located along the western, eastern and southern property lines, abutting the residential uses Both of these plant types provide excellent screening The height of both types of plants at installation will be 3 to 4 feet At maturity, Hollywood junipers can reach 25 feet, and wax myrtles can reach 15 feet This landscaping, combined with the building wall serves as the Category V1 landscaping for mini -warehouses required in Section 2 b of the Zoning Ordinance and the Category IV landscaping required when cornrnervai districts abut residential or apartment districts (section903(b)) Evaluation of Request The request for a Conditional Use Permit for mini -warehouses is acceptable sub)ect to the conditions listed below Two important factors to consider with this request are the proposed use and the appearance of the site Due to the site's location in the highest AICUZ and Accident Potential Zone a mini -warehouse facility is an appropriate use for this site In terms of appearance, the site is in an area along Virginia Beach Boulevard that needs aesthetic enhancements Recent nt improvements in the area include a new neighborhood retail strip center further west of the site, at the intersection of Dozier Lane and Virginia Beach Boulevard A Conditional Use Permit for the bulk storage of motor vehicles directly across Virginia Beach Boulevard from the site was approved in December 2002 Required improvements to that site include fencing, landscaping and painting the building This facility will enhance the overall appearance of this area The proposed buildings are attractive one-story structures with a balanced blend of split face block and metal in earth tone colon The proposed landscaping exceeds requirements for street frontage and foundation landscaping on the front of the site The proposed dense blend of shrubs along the property lines adjacent to residential uses will provide a more than adequate buffer The mini -warehouse buildings will be virtually hidden from the road and neighboring properties by dense landscaping Planning Commission Agenda January 8, 2003 CCT, Lc #18 Page 8 Staff recommends approval of the Conditional Use Permit request for mini -warehouses subject to the following conditions Conditions 1 The site shall be developed in accordance with the site plan entitled, "Preliminary Layout Plan for Self Storage Facility, Virginias Beach, Virginia", dated 12-1 -02, prepared by Site Improvement Associates, Inc Said plan is on file in the City of Virginia Beach Planning Department 2 All site improvements shall remain at least sixty feet o' from the top -of -bank Top -of -bank is referenced on the site plan as "RPA Line" With the exception of the outfall, the stormwater management facility shall not be located within 60 feet of the top -of -bank This undisturbed area shell remain in a natural state to include leaf litter left intact The outfall may require a Joint Permit Application submission to the applicable federal, stater and local tidal wetlands authorities 3 Dual erosion and sediment controls shall be installed prior to any land disturbance 50 feet from the top -of -bank In addition, orange safety fencing shall be installed to delineate the limits of construction Landscaping shall be installed as indicated on the submitted plan titled "Preliminary Layout Plan for Self Storage Facility, Virginia Beach, Virginia", dated 11-1 - 2, prepared by Site Improvement Associates, Inc Said platy is on file in the City of Virginia Beach Planning Department The buildings shall be constructed substantially in conformance with the submitted elevation titled "A Proposed Self Storage Facility for CCT, LLC, Virginia Beach Boulevard, Virginia Search, Virginia", prepared by Martin & Martin Architecture, Inc Said elevation is on file in the City of Virginia Beach Planning Department A conservation easement, subject to the approval of the Environmental Management Division of the Planning Department, shall be recorded over the wetland areas of the site All exterior lighting, as shogun on the elevation, shall be lover intensity and residential in character According to Section 237 of the City Zoning Ordinance, Planning Commission Agenda January 8, 2003 CCT, L c 1 Page all outdoor lights shall be shielded to direct right and glare onto the mini - warehouse premises, said lighting and glare shall be deflected, shaded: and focused away from all adjoin(ng property Any outdoor lighting fixtures shall not be erected any higher than 14 fleet The storage units shall be used only for storage of non -hazardous goods The units shall not be used for office purposes, s, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of on -hazardous goods 9 No barbed wire razor wire, or any other fencing devices shall be installed on the roof or wails of the building or on the fence surrounding the property NOTE Further conditions maybe required during the administration of applicable City Ordinances The site plan submitted with this Conditional Use Permit may require revision during detailed site plan review to meet all applicable City Codes Conditional Use Permits must be activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information Planning Commission ion Agenda January 8. 2003 CCT,LC1 Page 1 9�r MID-w wo 29 OWN -AS UN r V + sir s r�r � +art ��■ q I a a a M4 so% 90"mod Gomm IN IN z 5 LLI F* Lid cc 0 L 0 06 FIf-ZEI u r r PROPOSED SITE PLAN L Planning Commission nda <° January 8, 2003. Page 11 z z 0 L 0 L PROPOSED BUILDING ELEVATION Planning Commission Agenda January 8, 2003 CCT, LC 1 Page 1 Yd * Hwy p Mpr • 6 r� dkil4 r lw /iL * l • . do lb }■j 6 r � A J "7 U + fF PUN .k dp F Y dd r 4 r , 31 w ` _4T .. . �,.'� - w; ce � � y � • + • ,. Ar � .� -mot + " �. '"� � `. � i� •'° hx. • -max '$(' w - +. �` �} •w y y , '► y '+rear . � � � �� r i • �` Ya..� a. � *� r- r 'Lane- a ■ s , x' - + pf -77 ■ rt �,qv. IffIf x , Air 10 - i E r f1' i y y% F¢+ � �'' � f � � f�� ��' �_�•� { T � V din � � � � +dw � a. APPLICATION PA!rF<l1F4 ` f CONDMONALUSE)PERMff�`A DISCLOSURE STATEMENT App ata Nam= CCT L f Lim AU Cwredt PropmyOwavm CCT L 3031 LWk Island Rd iVirgma BaKh A 23456 ft0PKRTY0WNMDWcL0SM If an prvp=ly awnwts a CORMRATION ba Al officers of the Cmpmatm b w (Agack Aff r mcesmy If the pmoperty aw=x is a PAR7NMH[P FUtM, or otbar UNCORPORATM 0frvAMMATIOMaff Juba Cgbra. AdanagiAg b4cmbw Ie$tey Cbm Nimagong Ukmbc--r E] QvA here if ft pmpaly ow= is NOT a aarponmon, ShW firm, or otter M PUN If ft appall % at the c=ma v%md of tba pW" wwpl�ft The Apo shim btkW If The gape ty ow=mr is a CORFORAMON ha all offlorrs of the Coq xaftm bdaw Maack ha if ac +) If the pM= ty ownw rs a FMK or of 'U?(COItMRATKD ORGAIGMTION ho A membas of s U the v, S below onach li-Ar if acc"MY; C1 Cbc%* hem tftbe props* owism a NOT a aacporat�au, put= I p or oO= unuu pommd o. ATION I aff4fy tit IJrc keran Aw trxe and acwtaft lAr Prmt Na= Planning Commission Agenda January 8, 2003 CCT, LC #1 Page 1 C l , L C Conditional Use Pemut North side of Virginia Beach Boulevard 1 feet east of Shipps Lane D1 strict Beach January 8 1~003 CONSENT I orothY Wood The De X t 1teM Is Item #13 CCT Lirmted Liability Corporation It is for a Conditional Use Permit for mini -warehouses n the north side of Virginia Beach Boulevard in the Beach District with three conditions Robert Sawyer Good afternoon members of the Plannir r Commission My name is Robert Sawyer I m a civil engineer with Site h nprovernent Associates the applicant's representative I have read the conditions and have no objections and they accept the conditions I m here to answer an), question Dorothy Wood Is there any opposition to Item #13 Conditional Use Application for mini-warehouse`s Hearing none I would move to approve this item on the Consent agenda number 1 with nine conditions No opposition Donald Ripley we have a motion to approve the Consent agenda for the item so read Do I have a second 9 Eugene Crabtree 111 second it lonld Ripley Seconded by Gene Crabtree Dot would you like to have some discussion I Dorothy Food Thank you Joe wou I d you pease comment on Item # 13 CCT` Joe Strange Sure Item #13 is an application for ar Pe=1 for a rrnni-storage warehouse This is located in an area where the AICUZ is zoned 75 so we felt this was a very appropriate place for a mini -warehouse It s sitting way back off the road It s 1n n area that needs a lot of aesthetic improvement hich the applicant is willing to make There was no opposition and was approved by the staff Ronald l iple of aN we have a motion and a second and unless there is other discussion on the motion I d lil e to call for a vote AYE 10 NAY 0 ABS 0 ABSENT 0 CABTEE AYE DIN AYE Item #13 T, L Pane2 0 HRSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RILEY AYE SALL " AYE STRANGE AYE WOOD AYE Ronald Ripley By a vote of 1 - , the motion pauses qjrqW r .I in 7______I UPI" 14OD-Ja--110i ZONING HISTORY 1 Conditional Use Permit (church) 7/3/89, Conditional Use Permit (church addition) 3/22/94 2 Conditional Use Permit (church) 3/16/87 LA 46 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Rope Lutheran Church — Conditional Use Permit MEETING DATE February 11, 2003 a Background An Ordinance upon Application of dope Lutheran Church for a Conditional Use Permit for a church (addition) on the north side of Providence Road, approximately 540 feet west of Walton Drive (GPIN 1466355165) Said parcel is located at 5350 Providence Road and contains 5 25 acres DISTRICT 2 — KEMPSVILLE The purpose of this request is to install a modular building on the site to be used for three classrooms N Considerations The site plan shows that the modular unit will be Traced in a grassed area on the wrest side of the church building, approximately 70 feet behind the front of the building The unit will he set back more than 20 feet from Providence Road The nodular unit measures 1, 50 square feet and will include a deck and handicap ramp The applicant has stated that new vinyl siding will he provided on the exterior of the modular unit The building will be divided into three classrooms, each with a separate doorway and windows The unit is currently hung storedon-site in the parking area If the Conditional Use Permit is not approved the church is aware that the unit must be removed f rom the site The Planning Commission placed this item on the consent agenda because the dinar unit is an addition to an established use and placement of the unit will be unobtrusive to the surrounding area Staff recommended approval There was no opposition 111 Recommendations The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions 1 A site plan must be submitted to the Development Services Center showing location of building and deck/handicap ramp, specific landscape Hope Lutheran Church Paget eft plantings and tree protection for remaining trees during construction Site plan approval must be obtained in addition to all necessary permits, inspections and a Certificate of Occ upan y from the Pe rm its and Inspections Division of the Planning Department Skirting around the base and vinyl siding on the exterior of the unit small be of a neutral color and shall be installed prior to occupancy 3 The modular unit (trailer) is approved for a period not to exceed five (a) years ■ Attachments Staff Review Disclosure Statement Planning Commission Minutes Location Neap Recommended Action Staff recommends approval Planning Commission recommends approval Submitting Department/Agency Planning Department City Manager rIc <'�q ek� HOPE LUTHERAN CHURCH ! # 231 January 8, 23 General information: APPLICATION NUMBER C08-210-CUP-2002 REQUEST Conditional Use Permit for a church addition (modular building) ADDRESS 5350 Providence Road %A —� r- S 1ww w y .01 IN , rjap+rN t J-0 a novel lamer n numn IF �■ r .- P dy- . pi t 171 �• r GPIGPIN 1466-35-5165 ELECTION DISTRICT 2 — KEMPSILLE Planning Commission Agenda January 8, 2003 HOPE LUTHERAN CHURCH 3 Page 1 SITE SIZE 5 25 acres STAFF PLANNER Barbara Duke PURPOSE To install a modular building on the site to be used for three classrooms APPLICATION This request was deferred at the December 2002 hearing due to the HISTORY required public notice sign not being posted Major Issues: lb Degree to which the proposal is compatible with surrounding area Land Use, Zoning, and Site Characteristics: Existina Lard Use and Zoning There is an existing church building on the site and the site is zoned R- Residential District Surrounding Land Use and Zoning North 0 Slagle family homes R-7 5 Residential District South 9 Providence Road, across Providence Road is a church and single family homesR-7 5 Residential District East 0 Church/R-7 5 Residential District West • Single family homes R-7 5 Residential idential District Planning Commission Agenda January 8, 2003 HOPE LUTHERAN CHURCH / # 23 Page 2 Zonina History The current church obtained a use permit for the sanctuary in 1989 In 1994, a conditional use permit for a fellowship hall addition was granted Conditions regarding landscaping and stormwater management were attached to these use permits All conditions have been yet Air Installation Comoatible Use Zone (AICUZ The site is in an AiCUZ of less than fiSdB Ldn surrounding NAS Oceana Natural Resource and Phvsical Characteristics The site contains a church building and parking lot There are some scattered mature pine trees and other landscape plantings in the front and along the west side of the church building On the northern end of the site, there is a little over an acre of property that is not developed This area contains several mature trees also Public Facilities and Services Water and Sewer The site already has a connection to City water and sewer Public Safe!y Police The applicant is encouraged to contact and work with the Creme Prevention Office within the Police Department for crime prevention techniques and Came Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site Fire and A Certifrca►te of Occupancy must be obtained for the unit #ram Rescue the Building Code Official If the unit is used to provide care for children under the age of 2 ' years, there will be special requirements pertaining to fire and life safety These requirements are based on the number of children n the unit and will be determined by the Building Code Official Planning Commission Agenda January 8,, 2003 HOPE LUTHERAN CHURCH # 23 Page 3 Comprehensive Plan The Comprehensive Plan recognizes this area as a stable residential area Summary of Proposal Proposal • The church wishes to locate a modular unit (trailer) on the site to be used for classrooms The modular unit will not have running water or restroorns The existing restroorns in the main building will be utilized 0 The modular unit will be accessible to handicap persons Site Design The site plan shows that the modular unit will be placed in a grassed area on the west side of the church building, approximately 70 feet behind the front of the building The unit will be set back more than 200 feet from Providence Fad The modular unit measures 1 a850 square feet and will include a deck and handicap ramp Vehicular and Pedestrian Access There will be no changes to vehicular access and circulation with this proposal Pedestrian access to the trailer will be through the ruin building A handicap ramp and sidewalk will be provided on the north side of the trailer to connect to the doorway on the main building Planning Commission Agenda January 8, 23 HOPE LUTHERAN CHURCH # 23 Pave Architectural Desi Ln The applicant has stated that new vinyl siding will be provided on the exterior f the modular unit The building will be divided into three classrooms, each with a separate doorway and windows Landscape and Open Space Des]gn To locate the unit where it is proposed, at least three mature pine trees will need to be removed There is an existing buffer of large shrubs and some large trees along the western property line of the church, adjacent to the single family homes, that will serve to screen the modular unit from the neighborhood's view The applicant has proposed to plant shrubs around the front and unrest side of the modular unit Evaluation of Request The request for a Conditional Use Permit for a church addition (modular unit /trailer) is acceptable The unit is currently being stored on -site in the parking area If the Conditional Use Permit is not approved, the church is aware that the unit must be removed from the site The unit will be used for classrooms It is recommended that this request be approved with the following conditions Conditions site plan must be submitted to the Development Services Center showing location of building and deck/handicap ramp, specific landscape plantings and tree protection for remaining trees during construction Site plan approval must be obtained in addition to all necessary permits, inspections and a Certiti ate of Occupancy from the Permits and Inspections Division of the Planning Department Planning Commission Agenda January 8, 2003 HOPE LUTHERAN CHURCH / # 23 Page 5 2 Shirting around the base and vinyl siding on the exterior of the unit shall be of a neutral color and shall be installed prior to occupancy 3 The modular unit (trailer) is approved for a period not to exceed five (5) years 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 , L B C Planning Commission Agenda January S, 2003 HOPE LUTHERAN CHURCH / # 23 Page 6 Plans and Supporting Graphics ri-ko 00 fA wZ 0Boi(,De0j&--1,TI Planning Commission Agenda January 8, 2003 HOPE LUTHERAN CHURCH / # 23 Page 7 IA a&AC %M �Wqu C, I �If O Planning Commission Agenda HOPE LUTHEft page ago bNk Ado jlp lot Fj iv Planning Commission Agenda January 8, 2003 HOPE LUTHERA I CHURCH 3 Page 1 Disclosure Statement APPLI ATI" 4 Pr1 E 4 OF 4 CONDITIONAL USE PEST ICY OF VERGTANLA, BEACH DISCLOSURE STATEMENT 1- , c t Applicaut N _ IL Lst All Current Property Owners MOPERTY vANER DIS LOSURE U ncC }IMPCrr) oVrn" :s a CDMRA n ON ir51 all oflGiccr, of tic CuW3aion b6ou 1.1nacn +sr f necef i n � If the property owner is a FARVE tSHJP FIRK or athn TL NINCDRF0 T-MORGANI LATI 01% r al? inembcr5 ur putncrs in the organizzuou below Wrach /in rf necessar%) Creek Bert rf the prDpent owner is NOT a orporation putncrsh p f rm or nth= unity o rarcci organ:zau011 If ike appI cant is not the currera owner pf the property compkto the Appflcant Vuriarwre seenoti belol, APPLICANT DisuosuRE IF thL p]I anE :s a CORF0RATION lisi a]I off-mvs of Lhc Corporza ion b0cu (Avac F lin q tie essory) If I& applic=t s a P ARTNERMP FIRM or W= UNINC RPORA'iED ORGANM-%TIO 1 ilsE all iiiernbm Orr pmanm in Lbe orgamsauan bolo% (ArracA Misr Jf 1tecc.;dAry) Ll Chor k hm of tl,e applicant rs NOT a carporarion par nenh,p nnLi or other un i ncorpam rcd orzarn,ta{ can UTWI ANION 14 erttb ItW ght tnforMa qffTonfa1ng ere tn LS true and accurate i i jr Planning Commission Agenda HOPE LUTHERAN CHURCH 1 # 2 Page 11 Dope Lutheran Church Conditional Use Permit 5350 Providence Road District Beach January 8, 2003 CONSENT Dorothy Wood The next item is Kern #3 the Hope Lutheran Church It's an Ordinance Application for a C ndmon l Use Perni-it for a church addition in the Kempsville District with three conditions Step e Powell Mr Chairman Ladies and Gentlemen of the Conu mssion We have no problems with the conditions at all My name is Steve Powell I m a legal trustee of the Lhurch at Hope Lutheran, 5350 Providence Road Dorothy wood Thank you sir Is there any opposition to the Dope Lutheran Church Conditional Use Pear 9 Heanna none I would moie to approve this item on the Consent agenda number 23 with three conditions No opposition Ronald Ripley we have a motion to approve the Consent agenda for the item so read Do I have a second' Eugene Crabtree 111 second it Ronald Ripley Seconded by Gene Crabtree Dot would you like to have some discussion`s Dorothy wood Thank you Ron, would you please corament on Item #23 Mope Lutheran Church � Ronald R-1plev Well Item #23 Hope Lutheran Church is a routine matter The church wants to put a temporary classroom buildxn� next to it's main church and it s set hack well off the road and it s landscaped well And we sa it as a routine matter We had it on the Consent agenda last month but the applicant had failed to post its sign so we deferred it lust llle we did a couple of other ones earlier okay we have a motion and a second and unless there is other discussion on the motion I d like to call for a ). ote AYE 10 NAY 0 ABS 0 ABSENT CIBTIEE AYE DIN AYE NOBLE' AYE KATSIAS AYE KNIGHT AYE Item Hope Lutheran Church Pate MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Ripley By d Grote of t o- , the motion passes � I --ter --ti .-Y I L.Petaware ziuw j.,easinz .. ...... ...... .... .......... . r C1 ++ f ll ���r I I i G) rDA ti C1 0 x Gpt 07-70, ZONING HISTORY 1 Conditional Use Permit (motor vehicle sales) —Granted 11-1 3-01 Conditional Use Permit (automobile repair garage) —Granted 4-28-98 2 Conditional Use Permit (automobile repair &bulk storage) —Granted 8-28- 01 Conditional Use Permit (automobile repair garage) —Granted 3-30-89 3 Conditional Use Permit (motor vehicle sales &truck yenta!} — Granted 11 - 9-99 4 Change of Zoning (R-7 5 Residential District to B-2 Community Business District) —Granted 3-10-98 5 Conditional Use Permit (motor vehicle sales) —Denied 11-28-95 6 Conditional Use Permit (motor vehicle sales) —Granted 2-2-87 7 Change of Zoning (R-6 Residential District to F3-8 Residential District) — Denied 4-7-$6 Change of Zoning (R-6 Residential District to R-8 Residential District) — Granted 8-15-83 8 Conditional Use Permit (automobile service station) —Granted 11-22-82 9 Conditional Use Permit (automobile repair garage) —Granted — 7-12-82 eo CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Delaware Auto Leasing — Conditional Use Permit MEETING DATE February 11, Zoo s Background An ordinance upon Application of Delaware Auto Leasing for a Conditional Use Permit for used auto sales on the north side of Virginia Beach Boulevard, 240 feet more or less oast of entrance to R- 64 (GPIN # 2467-66-7 6 Parcel is located at 1780 Virginia Beach Boulevard and contains 1 01 acres more or less DISTRICT 6— BEACH The purpose of this request is to operate a used oar lot for up to 18 cars for sale at one time ■ Considerations There is an existing auto repair facility on the site A portion of the existing building is vacant and is designed and constructed to be a separate unit The oar sales facility is proposing to use this separate unit as its office space The applicant proposes to lease this 1,000 square foot unfit at the western end of the existing building facing Virginia Beach Boulevard The site is developed with two (2) one-story, buildings An auto repair facility occupies the majority of the property The site plan depicts 44 parking spaces on the entire 1 01 -acre site The applicant is proposing to utilize only a portion of the property for motor vehicle sales The plan depicts 21 spaces under the lease (two (2) handicap spaces, one (1) space for the office, and 18 spaces available for car sales} Section 239 M states that all vehicles for sale must be at least five (5) feet from the right-of-way The proposed plan complies with this requirement The plan also clearly represents how traffic will flow through the site as well as the location of striping that will help to ensure orderliness of the site The request is in keeping with the Comprehensive Plan recommendations for this area and is compatible with the surrounding uses The Planning Commission placed this stern on the consent agenda due to its compatibility with the surrounding uses Staff recommended approval There was no opposition to the request N Recommendations endation Delaware Auto Sales Page 2 of 2 The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions final site plan shall be submitted to the Development Services Center for review of the conditions listed below prior to the issuance of any building permits, business licenses or a Certificate of Occupancy for this establishment 2 The final site plan shall depict the proposed arrangement of motor vehicles for sale within a display area and the anticipated movement of traffic through the site The display of vehicles for sale shall be limited to the area identified on the site plan There shall be no more than 18 vehicles for sale or on display for sale on the enure 1 01-acre site Lighting Plan shall be submitted with the final site plan for review and approval o additional freestanding signage shall be permitted ■ 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 W'z' DELAWARE AUTO LEASING / # 24 January 8, 2003 General Information: APPLICATION NUMBER J06-210-CUP-2002 REQUEST ADDRESS GP1N ELECTION DISTRICT SITE SIZE Conditional Use Permit for auto sales 1780 Virginia Beach Boulevard ............................. �- OPEN ~� ... ... .. ...... .. .... ... . I+j -J''7 N. -- x. V e ti �i R -T ti 24076670360000 #— BEACH 1 01 acres p:n 407-66-7036 Planning Commission Agenda January , 2003 DELA IIAF E AUTO LEASING 4 Page 1 STAFF PLANNER Carolyn A K Smith PURPOSE To operate a used car lot for up to 18 cars for sale at one time APPLICATION This application was deferred at the November 2002 public hearing at HISTORY the request of the applicant Mayor Issues: • Degree ree to which the additional use complies with the Comprehensive Plan recommendations for the area and the requirements of the City Zoning Ordinance Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning There is an existing auto repair facility an the site A portion of the existing building is vacant and is designed and constructed to be a separate unit This unit, that the car sales facility is proposing to use as office space, is currently vacant The entire site is zoned B-2 Community Business District Surrounding Land Use and Zoning North aunt property, 1-2 B-2 Community Business District South Virginia Beach Boulevard, gas station, restaurant B-2 Community Business District Planning Commission Agenda January 8, 2003 DEL_AWARE AUTO LEASING Page East Auto repair, tare sales B-2 Community Business District Hest Motorcycle sales, repair B-2 Community Business District Zoning History Conditional Use Permit for automotive repair was approved by City Council in 1982 Since 1982, eight Conditional Use Permits have been granted in the vicinity of this site for motor vehicle sales, rentals and repair Air installation Compatible _Use Zone--(AICUZ) The site is in an AICUZ of greater than 75dB Ldn and Accident Potential Zone II surrounding NAS 4ceana Natural Resource and Physical Characteristics This site is within the Chesapeake Bay watershed There are no significant natural resources on this site as it is almost entirely impervious Public Facilities and Services Water and Sewer Water There is a 1 -inch water main in Virginia Beach Boulevard fronting the property This site has an existing -inch meter that may be utilized Sewer There is an -inch sanitary sever amain in Virginia Beach lev rd fronting the property This site is already connected to City sewer Transgortation. Master Transportation Plan (MTP) /Capital Improvement Program (CIP) Virginia Beach Boulevard in the vicinity of this application is a four (4)-lane collector roadway and is shown on the MTP as a 100-foot wide divided roadway There are no plans to upgrade this facility according the C1P, however, a reservation may be required during final site plan review Traffic Calculations Planning Commission Agenda ,January 8. 2003 ELAWAI E AUTO LEASING # 24 Page Street lame Present Present Generated Traff» Volume Capacity 26277 Existing Land Use-� ADT Virginia Beach Boulevard ADT' � 27 300 ADT Proposed Land Use 3— 153 ADT "Average Daily Trips 2 as defined by office space utilized in conjunction with existing auto repair facility as defined by the addition of car sales to the site Public Sa�ety Police The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for came prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site While the Police Departments comments do not guarantee acame-free environment, the application of the concepts of OPTED will reduce the opportunity for came to occur and will enhance the quality of life This site is located in the 2nd Police Precinct, Zone 224 Zone 224 is bordered by Fiat Colonial Road to the guest, Virginia Beach Boulevard to the south, Parks Avenue and Baltic Avenue to the east, and Laskin Road and Birdneck Point to the north In 2001, this zone had 9,052 calls for police service, making it the fifth busiest zone in the city The second precinct as a whole had 52,626 calls for police service in 2001 Of the ao 2 calls for police service in Zone 224, 1,889 incident reports were taken In part, incident reports included larceny from rotor vehicle — 226, destruction of private property — 209, larceny from buildings — 77, motor vehicle thefts — 53, burglary/commercial — 34, robbery — 27, unauthorized use of a motor vehicle — 11 Fire and Adequate — no further comments Fescue Planning commission Agenda January , 2003 ELA IIARE AUTO LEASING # 24 Page Comprehensive Plan The Comprehensive Plan identifies this corridor as planned for retail, service, office and other uses compatible within commercial centers serving surrounding neighborhoods and communities Summary of Proposal Proposal The applicant is proposing to utilize a portion of this site for the sale of up to 18 used motor vehicles A conditional Use Permit is required for motor vehicles sales within the B-2 Community Business District Site Des�gn • The site is developed with two (2) one-story, buildings An auto repair facility occupies the majority of the property The site plan depicts 44 parking spaces on the entire 1 01-acre site The applicant is proposing to utilize only a portion of the property for motor vehicle sales The plan depicts 21 spaces under the lease (two (2) handicap spaces, one (1) space for the off ice, and 18 spaces available for car sales) The applicant proposes to lease the 1 000 square foot unit at the western end of the existing building facing Virginia Beach Boulevard Vehicular and Pedestrian Access The existing 30 foot wide ingress/egress will continue to be utilized by both the auto repair establishment and the motor vehicle sales business No additional vehicular access is proposed • Pedestrian access is adequate Planning Commission Agenda January , 2003 DELAWARE AUTO LEASING 24 Page . �Z41C w Architectural Desin No exterior modifications to the existing building are proposed other than modification of the existing sign on the roof of the building to reflect the establishment's logo There rs also space on the existing freestanding sign for the applicant t advertise Landscape and Open Space Design The plan depicts the addition of shrubs within the fare foot of space between the existing asphalt and the right-of-way There is no room to add any additional plant material without removing existing asphalt Evaluation of Request The area depicted on the site plan specifically for the sales facility has 21 parking spaces -two (2) handicap spaces, one (1) space for the office, and 18 spaces avai.labie for car sales Section 239 (b) states that all vehicles for sale must be at least five (5) feel from the right-of-way The proposed plan complies with this requirement The plan also clearly represents how traffic will flow through the site as well as the location of striping that will help to ensure orderliness of the site Staff is recommending a condition that a lighting plan be submitted for review City staff are concerned that lighting fixtures installed along streets or in parking areas be of appropriate height and design as to prevent any direct reflection or glare towards adjacent uses and public streets bighting should be directed downward, and not out horizontally or up vertically The request is in keeping with the Comprehensive Plan recommendations for this area and is compatible with the surrounding uses The hours of operation are 9 oo a rn to p rn Monday through Friday and Saturday 9 oo a m to 1 00 p nn Staff recommends approval of the request subject to the following conditions Conditions Planning Commission Agenda January 8, 23 ELA DARE AUTO LEASING Page 1 A final site plan shall be submitted to the Development Services Center for review of the conditions listed below prior to the issuance of any building permits, business licenses or a Certificate of Occupancy for this establishment 2 The final site plan shall depict the proposed arrangement of motor vehicles for sale within a display area and the anticipated movement of traff ic through the site 3 The display of vehicles for sale shall be limited to the area identified on the site plan There shall be no more than 18 vehicles for sale or on display for sale on the enure 1 01 -acre site Lighting Dian shall be submitted with the final site plan for review and approval No additional freestanding sinae shall be permitted NOTE Further conditions maybe 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 Condrtronal use permits must be activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information Planning Commission Agenda January 8. 2003 DELAWA E AUTO LEASING 1 # 24 Page 4 wr 4 IL 3 17 �}1 F .'A 14 r I i CIO �. 7 J � 7 4 4 Planning Commission Agenda January 8, 2003 DELA ' AF E AUTO LEASING 2 Page APPLICATION PAGE . � CONDITIONAL USE PERMff CFFY OF VIRGRIUA BEACH 1 DISCLOSE STTEMENT 4,pphcant s Name Z List All Current Property Owner It thr, property owner :s a CORPORATION list AU o facers of the Corporation below (Auach last If eCEssar> j ZL if the property own-r :s a PA RTNTRSHIP F1 KNI or orhtr L IN COI PORATED 0 FRAM AT10 N I:�i all member, or parmers in the or Aniz3uE)n below (4rtach lrsr rf necessary) ' 10 Cheep here if the property owner is N OT a corporation partnership firm or o[hcr urn:ncorpora: e d org�n�aat��r: If the avplicant rs riot the cur" t owner of the properly complete dye Appiwani Dwlosure seciz on beloi& APPLic 4LNT Dis CLOSURE If the aphcAnt is a CORPOR ATION last all fficers of the Corporm ion beIow (Aft Bch Irsr if necessa ') -7V-d-, If the applicant :s a PART E SIHP FTR I or other L NLN COkPORATED OR GANIZATIONlist al! members or partners m the wganizzaon below (Attach list if necessary) Cheek herc :f the appIican i is NOT a corporation partnership firrn, or other an i ricorporated crgan mtion CERTIFICATION I certify that the nfoo�cd err is and accurate I : flaMe T, arA Print Marne Planning Commission Agenda January , 2003� ELAWARE AUTO LEASING # 24 -- Page 1 Delaware Auto Leasincy Conditional Use Pest 178 Virginia Beach Boulevard District Beach. January , 203 CONSENT Dorothy wood The next is number It's Delaware Auto Leasincy It s a Conditional Use Pernut for used auto sales This is on the north side of Virginia Beach Boulevard in the Beach District with six conditions David Hay Good afternoon Members of the Planning Corr=ssion My name is David Ha I represent the applicants and they are in agreement with all the conditions And I can answer any questions you all may have Dorothy wood Thank you Mr Hay Is there any opposition to Item #24 Delaware Auto Leasing Hearing none I would move to appro%e this item on the Consent agenda number 24 with six conditions No opposition Donald Ripley we have a motion to approve the Consent agenda for the item so read Do I have a second'? Eugene Crabtree 111 second it Ronald Ripley Seconded by Gene Crabtree Dot would you like to have some discussion`s Dorothy Wood Rory would � ou please on-ie t on Item #2 , Delaware Auto Leasing"? Ronald Iiple Item #2.4 is a Conditional Use Pert for a auto sales and it s on Virginia Beach Boulevard in the area between the Expres ay and First Colonial Road closest to the Expressway And our concern we had deferred it last month because we were concerned about the number of parking for the total development and the amount of park-inor that the applicant was requesting But we had that cleared up we had a survey come in Staff became comfortable with the way it laid out and Planning onums ion went with that so we put it on the Consent agenda Okay, we have a motion and a second and unless there is other discussion on the motion, I d like to call for a vote AYE 10 NAY 0 ABS 0 ABSENT CRABTREE AYE DIN AYE H RSLEY AYE KATSI S AYE Item #24 Delaware Auto Leasing Page KNIGHT AYE RI L Y AY S LL' AYE STRANGE AYE WOOD AI Ronald Filer By a Noteof 10-0 the motion passes - - V% 7 Is .0 C,pin 1477-20-5567 ZONING HISTORY 1 Modification of Proffers approved 6-13-00 and -1 -9, Approved 11-14-00 Mod#fication of Proffers approved-18-93, Approved -13-00 Conditional Rezoning R-D Residential to B-2 Business) Approved7-13-93 Reoning -8 Residential to B-2 Business) Denied 9-15-86 2 Rezoning R- D Residential t -1 Office) Approved 2-27-89 Conditional Use Permit bulk storage) Withdrawn 1-23-89 Rezoning (R-8 Residential to 1-2 Industrial) Denied8-10-87 8 Conditional Use Permit (vehicle sales, rental & repair) Approved -2 -91 Conditional Use Permit mall engine repair) Approved 3-12- 1 Rezoning R-8 Residential to -2 Business) Approved 3-24-86 Rezoning (R-8 Residential to B-2 Business) Approved8-25-86 Rezoning (R-8 Residential to A-1 Apartment) Approved6-18-84 Rezoning R-8 Residential to B-2 Business) Approved 9-8-75 Rezoning (R-8 Residential to B-2 Business) Approved -8-76 Rezoning R-8 Residential to 1-1 Industrial Approved9-8-75 ecp CITY OF VIRGINIA LEACH AGENDA ITEM ITEM Brown Building Corporation — Modification of a Conditional Rezoning Application MEETING DATE February 11, 2003 0 Background An Ordinance upon Application of The Brown Building Corporation for a Modification of a Conditional Rezonmq Application approved by City Council on July 13, 1993 Property is located on the south side of Dolton Drive, approximately 225 feet east of Wedgewood Drive (GPIN 1477205567) Said parcel is located at 4847 Dolton Drive and contains 36,024 12 square feet DISTRICT 2 — KEMPSVILLE The purpose of this request is to modify the proffer regarding site design The previously proffered site plan depicted an "L-shaped" building located differently on the site than the current proposal The applicant is now requesting a rectangular building ■ Considerations The subject site was rezoned from - D Residential idential District to conditional - Cornrnunity Business District July 13, 1993 This conditional zoning agreement was later revised on June 13, Zoo, and then again on November 14, Zoo Proffer #3 requires the site to be developed in accordance with a specific site plan depicting a L-shaped building with parking in front and to the west and a storrnwater management facility at the southeast corner The applicant has requested to modify this proffer because a different building and site layout for the development is desired The applicant is now proposing a rectangular shaped building with parking in the center of the site and a storrnwater management facility on the western side The size of the building has been reduced slightly from 8,500 square feet to 7,700 square feet and the number of parking spaces has been reduced from 33 to 23 The rectangular building will result in a significant cost savings and will allow for more size variation for interior suites The Planning Commission placed this item on the consent agenda because the amended site plan will alleviate the need for a variance from the Board of Zoning Appeals, which the currently proffered plan requires Staff recommended approval of the modification There was no opposition Brown Building Corporation Page 2 of 2 ■ Recommendations Planning Commission passed a motion by a recorded vote of 10-0 to approve the request ■ Attachments Staff Review Disclosure statement Planning Commission Minutes Location Map Recommended Action Staff recommends approval Planning Commission recommends approval Submitting DepartmenUAgency Planning Department City Manager BROWN BUILDING CORP. / # 3 January 8, 2003 General Information: APPLICATION NUMBER E 7-21 - MOD - 2002 REQUEST Modification of Proffers placed on a conditional rezoning from R- D t Conditional -2 on Juiy 13, 1993 later modified on June 13, 2000 and again on November 14, 2000 ADDRESS GPIN ELECTION DISTRICT 7 Dolton Drive .nuttaing uo �- -TY - "') 1L,=::--1 UUV',' -.�F \.AA 1 lI ,Orr Or or LF ;7- all Z 'Ale tp 1 14772055670000 Gpin 14 - 0-3 567 Planning Commission Agenda Tanury 8, 2003 BROWN UILDI G CORP 1 Page 1 SITE SIZE STAFF PLANNER 8270 acres Ashby Moss PURPOSE To modify the proffer regarding site design The previously proffered site plan depicted an "L-shaped" building The applicant is now requesting a rectangular building x Mayor Issues: a Continued level of quality of previously 71 approved site design Land Use, Zoning, and Site Characteristics: Existino Land Use and Zoning The site is currently undeveloped and zoned conditional B-2 Community Business District Surrounding Land Use and Zoning CURRENTLY APPROVED PLAN North 0 Mobile -home park -12 Apartment District South 0 Undeveloped wooded lot 1-1 Light Industrial District East 9 Single-family dwellings R- D Residential District West 0 Brown Building Corp building / B-2 Community Business District Zoninq History The subject site was rezoned from l - D Residential District to conditional B-2 Community Business District July 13,,1993 This conditional zoning agreement was later revised on June 13, 2000, and then again on November 14, 2000 A previous rezoning attempt for this property was denied in 19Other zoning actions in the immediate vicinity include two rezonings from residential to commercial west of the site %, L% ac4c, Planning Commission Agenda January 8, 200 BROWN BUILDING CORP Page 2 in 1975 and 19The parcel south of the subject site was rezoned to industrial in 1975 A group of parcels at the corner of Dolton Drive and Alicia [give were rezoned from residential to commercial in 1986 Air Installation ComQatible Use Zone (AICUZ) The site is in an A1CUZ area of less than 65dB Ldn surrounding NAS Oceana Zonmq and Land Use Statistics With existing zoning - Commercial Uses would be permuted except those identified in proffer 2 of the previously approved and currently proposed conditional zoning agreement (see below) The previously approved conditional zoning agreement also specified a site plan depicting an L-shaped building (shown above) With proposed zoning - There is no change in the proposed uses for this property The proffered site plan has changed slightly to shover a rectangular building rather than an L-shaped building The parking and stormwater management have also changed as a result of the new building layout Public Facilities and Services Water and Sewer There is a 1 0-inch grater main and a 1 0-inch gravity severer in Dolton Drive fronting the property This site may connect to City water and must connect to City sewer Transportation Master Transportation Plan (MTPYCapital Improvement Program (CIP) Bonney Road in the vicinity of this application is currently a two lane undivided residential road This road is not designated on the MTP There are currently no projects programmed in the CIP to improve Bonney Road Traffic Calculations Street Name Present Present Generated Traffic Volume Ca acid Bonney Road , 2 oo ADT 1 ADT Zoned Lard Use 59 Proposed Land Use 3- no change Average Daily Trips Planning Commission Agenda January 8, 23 Page as defined by previously approved as defined by proposed 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 (OPTED) concepts and strategies as they pertain to this site Fire and Adequate No comments Rescue Comprehensive Plan This property and the adjoining properties between Bonney Road and Alicia Drive are identified in the Ker psville Planning Area section of the Comprehensive Plan as "Tract C+' of the Bonney Road Corridor The Plan recommends low intensity, low rise business parr uses for this area developed under the provisions of conditional zoning The Comprehensive Plan supports a consolidated development plan with exceptional architecture, site design and site amenities Summary of Proposal Proposal The most recent conditional rezoning permitting the office -warehouse facility was approved by the City Council on November 14 2000 The conditional rezoning has sure n p roffe rs Lighting on the property shall be directed inward and not toward surrounding properties The following uses shall not be permitted on the Property or any improvements constructed thereon animal hospitals, veterinary establishments, commercial kennels, automobile sales or repairs, automobile service stations, boat sales, borrow pits, bulk storage yards, bulk storage of hazardous chemicals or materials commercial parking lots or garages or auto storage child care and child education centers, drug stores beauty shops Planning ning Commission Agenda January 8. 2003 Page 4 ,A B �w and barber shops, eating and drinking establishments with drive -through windows funeral homes, grocery stores, liquor stores, mini -warehouses, nightclubs, bars, taverns dance halls The illustrative plan submitted to the Department of Planning with this Agreement the "Plan" as prepared by Boundary First, P C and dated August 15, 2000 is incorporated herein by reference and forms a part of this Agreement and which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning All garage and storage doors will be located on the vest side of the proposed building Category IV landscaping shall be installed on the northeast side of the property as depicted on the plan There shall be one access point from the Property to Dolton Drive, which shall be located at the northwest corner of the Property as shorn on the Plan The site construction plans for the proposed improvements on the property shell adhere to and be consistent with the Plan Proffer 3 requires the site to be developed in accordance with a specific site plan depicting a L-shaped building with parking in front and to the west and a stony water management facility at the southeast corner The applicant has requested to modify this proffer because a different building and site layout for the development is desired The applicant is now proposing a rectangular shaped building with parking in the center of the site and a stormwater management facility on the western side The size of the building has been reduced slightly from 8 500square feet to 7,700 square feet and the number of parking spaces has been reduced from 33 to 23 The rectangular building will result in a significant cost savings and will allover for more size variation for interior suites Planning Commission Agenda January 8, 2003 BROWN BUILDING CORP / # 3 Page 5 Modified Proffer PROFFER The illustrative plan submitted to the Department of Planning with this Agreement (the "Plan") as prepared by Boundary First, P C and dated September 12, 2002 is incorporated herein by reference and forms a part of this Agreement and which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning Staff Evaluation The modified proffer is acceptable The modification consists of a revised site plan that changes the configuration of improvements on the lot The reconfiguration rs acceptable and actually results in the elimination of the creed for a variance from the Board of Zoning Appeals that the current plan requires City Attorney'Attorney's The City Attorney's Office has reviewed the conditional Office zoning agreement dated November 1, 2002, and found it to be legally sufficient and in acceptable legal fora Evaluation of Request The modification to Proffer 3 appears to be reasonable and is recorr mended for approval The proposed modifications represent minor changes that do not decrease the level of quality previously proffered for this development The changes also eliminate the need for a variance from the Board of Zoning Appeals that was previously required for the 1 -foot buffer on the eastern border t o Further conditions may be required during the administration of applicable City ordinances Plans submitted with this rezoning apphca#ion may require revision during detailed site plan review to meet all awhcable 0tv Codes Planning Commission Agenda January 8. 2003 BROWN BUILDING CORP / ## 3 Page 1 MM OR �FDLY c[ a C � 0�.■iT PAD 5D9, 37� 1 PC b[ 1 1M !-1 NM OR f0mafty TOM ANN~ A L PC- UpM 1 MS) AWL { sw .01 "Op OR rouimv W OAF t 10 e.. a " err �1 4 t � r io CURRENTLY APPROVED PLAN Planning Commission Agenda January , 23 .� BROWN BUILDING CORP � Page V vt ZONM Ft—S0 r ow OR FORMERLY M a P C. 15) MM CM Ron" Sc%M% W&Lwr r r1rE CPA CM00M DUM)k 1 ] au.T AL Ile SW VOUM { map r-r 14 ALL SNOM J4[ . 'gr C3Ar ID PRoPF PI AN C, Planning Commission Agenda January 8, 2003 Page �' . ,a,n.r.a� ails ,�.-m.�"Y •�� � �� � � .. ,, • - ` ` � . �� �� � � . ep - 44 v _ POP r x + .+' h " ■ '.�.i Mom.. { �n � :_ 4� � f • Y � x 4 � �� � dL 14 Ar Air dp dik op loop Fe! • �`�Y w. �. �C. FYI R • "'d:J " R. � � � x°:�+��' �' � � � V 4 • �< .�. .0Jew_ - 41 ir * . k # dh Gomm i0.1 Ak lie df •� #." XA now 4 . *-��_ �. . manning commission Agenda January�~ BROWN BUILDING CORP 3 Pane APPLjCATFOr PAGE 4 OF 4 MODIFICATION OF CONDITIONS CITY OF VIRGINIA BEACH DISCLOSURE T T ME T Apphcant s Marne Brown Building Corporat-ion List All Carrenz Property Owners Brown Building Corporation PROPERTY OwNER DUCLOSURE Ef the propmv owner is a CORPORATION list all officers of the Corpomon helovv f uach lv� rf nerej n Ronald K Brown, _ President & Treasurer David S Brown, Vice President A Secretary If the properLy owner is & PARTNERSF FIRM or other UNINCORPORATED ORGANUATION last all members or partners in the arga uzation Wow (Attach ILsr if necessary) Check here if the propertv owner is MOOT a corporation partnership fiT-M or other unjncorpcmed oargani zauon If the appluani is not the cur rent owner of theproperty, campletc the Apphc4ni Duclosure secfto,z be1vH APPLICANT Discwsupm If the applicant u a CORPORATION list al affs of the Corporation belou (Artach lr.sr rf necessar ) It the Vplwanz Ls a PART NEM EDP FIRM or otbar UNINCORPORATED OR GAhIZA TI 0 mi Iist ail members or Viers in the orgauzanon btlovr (Anach tur ,f necessary) 1 ❑ Check h= if the applicant Ls NOT a Corp ntson panne hap firm or other unincorporated organ3muon ZTIRC~ TION r cerfzfy that the raformaho d her true and accurate s rtaMrc Ronald-K Brown President Prirt[ Namcy Lk a Planning Commission Agenda January 8, 2003; BROWN BUILDING COUP 1# 3� Page 1 Brown Building Corporation Modification of a Conditional Rezoning ooing 7 Dolton Drive District 21 empsville January 8 Zoo CONSENT Ronald Ripley okay Dot wood would you please conduct the Consent Agenda for us? Dorothy wood Thank you Rory This afternoon we have nine items on the Consent agenda As I call your name would you please step to the podium either the applicant or the applicant's repr entauve state your name., you've read the conditions and agree with therm After the applicant, or their representative comes up we will call for anyone that has any opposition to the item If you have any opposition please come up and we will move it down to the regular place in the agenda The first item it -.item # Brown Building Corporation It s an ordinance application of Brown BUddinu for a Modification of a Conditional Rezoning It's in the Kenipsville District and it has sever proffers Sir' Carter McCrow ell Yes ma am My narne is Carter l c ro ell My business address is 3061 l rickhouse Court I m the agent on the project and also the engineer The owner concurs with the change in proffers and we appreciate the staff review comments and standby and bring any questions Dorothy wood Thank you sir Mr Ripley I would move to approve this stern on the Consent agenda, number 3 with seven proffers No opposition Donald Ripley we have a motion to approve the Consent agenda for the item so read Do I have a second" Eugene Crabtree 111 second it Ronald Ripley Seconded by Gene Crabtree Dot would you like to have some discussion? Dorothy wood Yes Mr Din would you please explain item # 9 William Din Okay I d like to offer a few comments as to why the Planning Conumssion felt this item was placed on Consent agenda The first stern that I m going to speak on is Item #3 This one involves an office %arehouse facility that was previously approved back on November 2000 And the stern before us today actually just modifies some proffers on the site design changing it from an L design to a rectangular design we felt these were minor changes to the previous approved stern Item # Broxkn Buildiner Corporation Pace And there was no decrease in the level of duality on the project so we had no questions or concerns about that and placed it on the Consent agenda Ronald Ripley okay we have a motion and a second and unless there is other discussion on the notion I d like to call for a vote AYE I CRABTREE AYE DIN AYE HORSLEY AYE IATSIAS AYE KNIGHT AYE MILLER AYE RIPLEI AIE S LPL E" AYE STRANGE AYE WOOD AYE NAY 0 ABS 0 ABSENT Ronald Ripley By a vote of 10-0 the motion passes FORM NQ P S 16 City of iraico-a Be�cri INTER-OFF7CE CORRESPONVENCE In Reply Refer To our File NoDF-5659 T4 Leslie L Lilley FROM B Kay Wilson E Conditional Zoning Application Brown Building Corporation DATE January 3, 2003 DEPT City Attorney DEPT City Attorney The above -referenced conditional zoning app]ication is scheduled to be heard by the City Council on February 11, 2003 I have reviewed the subject proffer agreement, dated November 1, 2002, and have determined it to be legally sufficient and in proper legal form copy of the agreement is attached Please feel free to call me if you have any questions or wish to discuss this matter further BKW Enclosure GRENlNT THIS AGREEMENT made this 1 s` day of November 2002. by and between BROWN BUELDING CORPORATION a Virgirua Corporation, hereinafter eared Grantor and the CITY of VSRC � ` III BEACH a Municipal Corporation ration o the Commonwealth of Virginia, hereinafter called 'Grantee' The purpose of this agreement is to modify prior Agreements between the parties hereto dated January 7, 1993, April 21.2.000 and August 15 000 RECITALS R-1 The Grantor is the record fee simple owner of the property (the "Property" located in Kernps YIl e Drstnct City of Vit inia Beach, Virginia and described in Exhibit A attached hereto and incorporated witban. this Agreement R-2 Roda Associates, a Virginia general partnership, `Roda" predecessor in title t Grantor, previously reviousl initiated an amendment to the zoning map of the City of VL' Ynia Beach., Virginia(the ,onin Ma " b tition addressed to the Grantee so as to change the zoning gPe classification of the property from R-D Residential District to B- Business Distnct This classrf p p amendment made pursuant to the terms of the zoning ordinance of the City of Virginia Beach, was Virginia adopted do ted April 18, 1988, as amended (the 'Zoning Ordinance') and was granted by City y Council action on Jul 13, 1993 In connection with the foregoing, by Agreement dated January 199 and recorded in the Clerk's 0 B ice of the Circu it Court of the City of V irgini a Beach, Vrgirua, Deed Book 2 at page 21 �7 Roda did voluntarily offer, in writing, part of the zoning in P g amendment to the Zoningfa with respect to the Property certain conditions related to the physical development,and use of the Property which was adopted as part of said amendment to the operation � pp I� Zoning Map and made applicable to the Property These conditions were to remain in full force and ended following theprocedures and recording the documents as outlined and effect until arxr y g required in the Zoning ordinance Grantor previously initiated a modification to the conditions of the aforesaid p y amendment to the Zoning Map referenced in paragraph R-2 above and in connection with the re irients slated the 1 t day o April, 2.00 and the 1 th day of August, 000, and foregoing, b a� ' recorded 1n the Clerk s Office aforesaid in Deed Book , t page 11 and Deed Book , at page respectively el Grantor voluntarily proffer, fer, in ntxng, as part of the modification of the conditions Property, ns with respect to the Pro rt , certain conditions related to the physical development, and use of the Property which was adopted s part of said modification of the conditions operation p y applicable to Property the Pro ert 'These modified conditions were to continue in full force and effect un l amended by the p g procedures and recording the documents as outlined and required in the Zoning Ordinance R-4 Grantor ntor has initiated another modification of the conditions referenced in Paragraphs - and R-above in order to change certain conditions that were previously placed upon the Prepared by Harry R Purkey Jr P C� 10334 th street suite 5 Virginia Beach V 451 PIN 1477 20 5567 Property in connection with the amendment to the Zoning Map as to the Property R-5 The Grantee's policy is to provide only to the orderly development of land, for various purposes including business purposes, through zoning and other land development legislation R-6 The Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to pe=t different uses on and in the area of the Property and at the same time t recognize the effect of the changes and the need for various types of uses, including those listed move, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land sinularly zoned B-2 are needed to cope with the situation which the Grantor's request for modification of conditions gives nse to R-7 The Grantor has voluntarily offered 1n wnting, in advance of and prior to the public heanng before the Grantee, as part of the proposed modification of the conditions previously attached to the amendment to the Zoning Map with respect to the Property, in addition to the regulations provided for in the existing B-2 zoning distnct by the Zoning Ordinance, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as part of modification of the conditions applicable to the Property winch have a reasonable relation to the modification of the conditions and the need for which 1s generated by the modification f the conditions R-9 The conditions outlined in thus Agreement have been proffered by the Grantor and allowed and accepted by the Grantee as part of the modification to the conditions and the Zoning Map These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property, provided however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of new or substantially revised zoning ordinance of Grantee unless, notwithstanding the foregoing the conditions are amended or varied by wntten instrument recorded in the Clerk s Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the property at the time of recordation of such instruments, provided further that said instrument is consented to by the Grantee in wasting as evidenced by certified copy of the ordinance or resolution adopted by the governing body of the Grantee after a public hearing before the Grantee advertised pursuant to the provisions of the code of Virginia, section 15 2-2. 04 which said ordinance or resolution small be recorded along with said instrument as conclusive evidence of such consent WNESSE' NOW THEREFORE, the Grantor, for itself, its successors personal representatives and assigns, grantees and other successors in tale and interest, volunt my without any requuement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan building perms for subdivision approval, hereby makes the following declaration of conditions and amended restrictions which shall restnet and govern the physical development operation and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the property and upon all parties and persons claiming under or through the Grantor, its successors personal representatives assigns, grantees and other successors in interest or title Lightincr on the property shall be directed inward and not toward surrounding properties The following uses shall not be pemiated on the Property or any improvements constructed thereon animal hospitals veterinary establishments con nercial kennels, automobile sales or repairs automobile service stations, boat sales, borrow pits, bulk storage }cards, bulk storage of hazardous chemicals or materials, commercial parking lots or garages or auto storage, chip care and child education centers} drug stores, beauty shops and barber shops eating and drink ing establishments with drive -through windows, funeral hornes, grocery stores liquor stores, rruni- warehouses, nightclubs, bars taverns, dance halls The illustrative plan subnntted to the Department of Planning with this Agreement (the 'Plan') prepared by Boundary First, P C and dated September 1 2002 is incorporated herein by reference and forms a part of this Agreement and which has been exhibited to the VirgiMa Beach City Council and is on file with the Virginia Beach Department of llanrun CP All garage and storage doors will be located on the west side of the proposed building Category IV landscaping shall be installed on the northeast side of the property as required by the landscape ordinance There shall be one access point from the property to Dolton Dave Much shah be located on the nght center of the northern property line as shown on the Plan The site construction plans for the proposed improvements on the Property shad adhere to and be consistent with the Site Plan dated September 12, 2002 The Grantor covenants and agrees that a The Zoning Adrmnistrator of the City of Vvglnia Beach Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach Virginia, to adrmnister and enforce the foregoing conditions and restrictions including the authont a to order in wnting that any non- compliance with such conditions be remedied and b to bang legal action or suit to insure compliance with such conditions including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings b Failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may b appropriate 3 c If aggrieved by any decision of the Zoning Adnunistrator made pursuant to these provisions the Grantor shall petition the governing body of Grantee for the review of such decision prior to instituting proceedings in court d Further conditions may be required during detailed Site Plan review and adnunistration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements The Zoning Map shall show, by an agpropna a symbol on the map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be readily available and accessible for public inspection at the office of the Zoning Adrmmstrator and in the Pla rung Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and mdexed in the name of the Grantor and the Grantee WITNESS the following signature and seal B=eL!ai=&C_omr in ration, ration, A nld KBrame, President STATE OF VIRGIN 1A CITY OR VIRGI IA BEACH, to -wit SEAL) I, Ala. , a Notary Public in and for the City and State aforesaid, d hereby certify that Ronald K Brown, President of Brown Building Corporation a Virgima Corporation, whose name as such is signed to the foregoing instrument beanng date on the l"` day of November, 2002, have acknowledged the same before me in my said City and State GrVEN under my hand this day of 200 My Conumssion Expires 4 { �r c S EAR Notary Public Exhibit "A" ALL THAT certain lot, piece or parcel of lard with the buildings and improvements thereon, lying, situate and tieing 1n the City of Virginia Beach(formerly Princess Anne County) Virginia, in KernpsviIle Magi sterial. Distnct., and being the northeast corner of Lot Six shown on the map of A W Comick's Kempsville Subdivision, dated January, 1990, also being known and designated a "Joseph Mosley", as shown on the Map Book A w ornick's Kempsville Farm, Kempsville Borough, 'Virginia Beach, Virginia ' and is duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virgurua, in Map Book 48, at Page 43 is more particularly hounded and descnbed as follows BEGINNING at a point on the southern line of Eastern Shore Road to Kempsville on the line between Tracts four (4) and Six (6) and running thence in a southerly direction along said dividing line between the two said tracts one hundred seventy six (176) feet, thence in a westerly direction two hundred nineteen (219) feet, thence in a northerly direction and parallel to the dividing line between Tracts Four (4) and Six (6) two hundred eighteen (218) feet to the Eastern Shore Road to Kempsville One hundred sixty (160) feet to the point of beginning LESS AN D EXCEPT that property to City of Virginia Beach in feed Book 2 812, at page 673, dated March 20, 1988, corrected in feed Book 2896, at page 37 5