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Home My WebLink AboutSEPTEMBER 26, 2006 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rase Hall - District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES 1. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE 1. LIUEY CITY CLERK - RUTH HODGES SMITH, MMC 26 September 2006 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00 PM A. BIZNET PROJECT Dr. Terry Jenkins, Director - Human Services B. COMPENSA nON AS BUDGET DRIVER Susan Walston, Chief of Staff Fagan Stackhouse, Director - Human Resources C. YEAR-END FUND BALANCE David L. Hansen, Chief - Finance and Technology II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS CITY HALL BUILDING 2401 COURTHOUSE DRiVE VIRGINIA BEACH. VIRGINIA 234568005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com IV. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCA nON: Father Joseph A. Slattery Holy Family Catholic Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 12, 2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. LEASE OF CITY-OWNED PROPERTY - Farmers Market a. The Candy Barn, LLC 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE the City Manager to execute a lease for less than five (5) years (September 27,2006 through September 30,2009) with the Candy Barn, LLC at the Farmer's Market (Space No. 37). 2. Ordinances to ACCEPT and APPROPRIATE and or TRANSFER: a. ACCEPT and APPROPRIATE $1,210,922 in State, Federal, Gift Fund and Fee Revenues to the FY 2006-07 Department of Human Services operating budget to provide additional mental health, mental retardation, Social Services and Community Corrections services b. TRANSFER $50,000 from Reserve for Contingencies to the Department of Management Services FY 2006-07 operating budget re a programmatic review of the current assessment process c. TRANSFER $18,000 from the FY 2006-07 Reserve for Contingencies to the Council Donations account and DONATE these funds to the School's Education Foundation 3. Resolution FORWARDING the 2007 Community Goals and Objectives to the City's local Delegation to the General Assembly re preparing and supporting legislation during the 2007 Session of the General Assembly. K. PLANNING 1. Application of CAR SPA, INC. for a Conditional Use Permit re a car wash at Northampton Boulevard and Diamond Springs Road. (DISTRICT 4 - BA YSIDE) RECOMMENDA nON APPROVAL 2. Application of RACE CO OIL CO., L.L.C. for a Conditional Use Permit re a gas station, convenience store and car wash at Newtown Road and Lake Edward Drive. (DISTRICT 2 - KEMPSVILLE) STAFF RECOMMENDS PLANNING COMMISSION RECOMMENDS DENIAL APPROVAL 3. Application of HARVEST OUTREACH MINISTRIES, INC. for a Conditional Use Permit re a church at Indian River Road and Bridlepath Lane. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDA nON APPROVAL 4. Application of DR. ALAN MAHANES for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional 0-1 Office District with Historical and Cultural Overlay at 2513 North Landing Road re a dental office and additional space for lease. (DISTRICT 7 - PRINCESS ANNE) DEFERRED RECOMMENDA nON September 12, 1006 APPROVAL 5. Application of LA GO MAR ASSOCIATES, L.L.C. for a Change ofZoninf! District Classification from B-1 Neighborhood Business District to Conditional R-15 Residential District at 801 Artesia Way to develop single-family dwellings. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDA nON APPROVAL L. APPOINTMENTS BUILDING CODE OF APPEALS - New Construction COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HISTORICAL REVIEW BOARD HISTORIC SITES ORGANIZING COMMITTEE INVESTMENT PARTNERSHIP ADVISORY COMMITTEEE- PPEA M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 09126/2006gw www.vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00 PM A. BIZNET PROJECT Dr. Terry Jenkins, Director - Human Services B. COMPENSA nON AS BUDGET DRIVER Susan Walston, Chief of Staff Fagan Stackhouse, Director - Human Resources C. YEAR-END FUND BALANCE David L. Hansen, Chief - Finance and Technology II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION v. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Father Joseph A. Slattery Holy Family Catholic Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 12, 2006 G. AGENDA FOR FORMAL SESSION .tsnlutinu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's lmowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARING 1. LEASE OF CITY-OWNED PROPERTY - Farmers Market a. The Candy Barn, LLC PUBLIC NOTICE LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 p.m. on Tuesday, Septem- ber 26, 2006, in the City Council Ch;amber regard- ing the proposed Lease Agreement of City-owned property located at the Virginia Beach Farmers Mar- ket, as defined below: Space # 37: The Candy Barn, LLC. The purpose of this Public Hearing will be to obtain public comment on this Lease of City property. Any questions concerning these matters should be directed to Janel Leatherman, Farmers Market Man- ager, by calling (757) 385-4395. (2.=f47/~ Ruth Hodges Smith, MMC City Clerk If you are physically disabled or visually impaired and need assistance at this meeting, please call the CiTY CLERK'S OFFICE at 385-4303. Beacon September 17, 2006 15790574 J. ORDINANCES/RESOLUTION I. Ordinance to AUTHORIZE the City Manager to execute a lease for less than five (5) years (September 27,2006 through September 30,2009) with the Candy Barn, LLC at the Farmer's Market (Space No. 37). 2. Ordinances to ACCEPT and APPROPRIATE and or TRANSFER: a. ACCEPT and APPROPRIATE $1,210,922 in State, Federal, Gift Fund and Fee Revenues to the FY 2006-07 Department of Human Services operating budget to provide additional mental health, mental retardation, Social Services and Community Corrections services b. TRANSFER $50,000 from Reserve for Contingencies to the Department of Management Services FY 2006-07 operating budget re a programmatic review of the current assessment process c. TRANSFER $18,000 from the FY 2006-07 Reserve for Contingencies to the Council Donations account and DONATE these funds to the School's Education Foundation 3. Resolution FORWARDING the 2007 Community Goals and Objectives to the City's local Delegation to the General Assembly re preparing and supporting legislation during the 2007 Session of the General Assembly. ~ Iii . r ! .1 ( .e il,11 ~ ~tJ .;i fi:. it < hc.11d il!i .1 ..o~1 iil III. ; r_ ~f: =ilGI!2lil! I: ~., 8 &:;,1:1I' 'II~ ~! ~ ~ ~ ~It~~ Ii:. ,,' ~ ISQ~!~ II! ti ! 'ft- U4 It~1 '--- , -------,. , -_-_..JJ'- - - - -.- _ _ _ _ ," " " r ' , , ,'t , fJ - _ _ 'I' ' , , v- - - - --1, " ..J l." 't f , " , , , L' , ," t, ("L _ , " - - -' ,-0 - - _ _ J I - - - - - :: - --- - !... t- _0 - --- - L I"- , , " , , , o ~ ...::....:.:.... I \:.:n:.':' : - ':"::'':':'-' . - - - - Uo:- ..... ..... .... ..... 11':::: fillill\" ru2::::: I:::.' 0 ~::::: I[ill).... I:::: 1illJ.:::: ,::::, fJJ:::: 0 t i:::; t: I ::::: H gH Hr m: i:;:::: = ~ I .---------------------~--------:- 1t - - -Q 9 SJ - - ~ fj ~ $ ANNB JU>. pJllNcSSS o <90 (Q o ~~~;,~ .{..\~!~'~ "~~~z~, ('0,',,; _'.'b1 (~'" J; .. .,,:.) (,..,~ . .. ~':t.) (9~-:-, f~j \~:;.~-- ., ....~~!J ~':t~:~~~~~J .............- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for less than five years with The Candy Barn, LLC for City owned property known as Space #37 in the Virginia Beach Farmer's Market in the City of Virginia Beach MEETING DATE: September 26, 2006 . Background: The Candy Barn, LLC ("Candy Barn") would like to lease Space #37 in the Virginia Beach Farmer's Market from the City of Virginia Beach (the "City"). . Considerations: The lease is for a term of three (3) years, and it has a sixty- day (60) termination clause in the event the City needs the property prior to the termination of the lease. The Candy Barn must use the space for a retail enterprise consistent with the Farmer's Market. . Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda . Alternatives: Approve Lease Agreement as presented, change conditions of the Lbase Agreement or deny leasing of subject premises. . Recommendations: Approval . Attachments: Summary of Terms Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Department of Agriculture City Manager: ':, L. C-S1S"fJi 1 2 3 4 5 6 7 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR LESS THAN FIVE YEARS WITH THE CANDY BARN, LLC FOR CITY OWNED PROPERTY KNOWN AS SPACE #37 IN THE VIRGINIA BEACH FARMER'S MARKET IN THE CITY OF VIRGINIA BEACH 8 9 WHEREAS, the City of Virginia Beach ("the City") is the 10 owner of The Farmer's Market located at the corner of Princess 11 Anne and Dam Neck Road in Virginia Beach, Virginia (the 12 "Property") ; 13 WHEREAS, The Candy Barn, LLC ("Candy Barn") would like to 14 enter into a formal lease arrangement with the City for Space 15 #37 in the Property (the "Premises"); 16 WHEREAS, the Premises will be utilized as a retail 17 establi~hment and for no other purpose; 18 WHEREAS, Candy Barn has agreed to pay the City $282.00 per 19 month ($3,384.00 per year) for the use of the Premises for a 20 three year period; 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 22 CITY OF VIRGINIA BEACH, VIRGINIA: 23 That the City Manager is hereby authorized to execute a 24 lease for a term of less than five (5) years between The Candy 25 Barn, LLC and the City, for the Premises in accordance with the 26 Summary of Terms attached hereto and such other terms, 27 conditions or modifications as may be satisfactory to the City 28 Attorney and the City Manager. 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia on the day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT Signa ~~C0L\D Department CA10104 V :\applications\citylawprod\cycom32\ Wpdocs\DOO7\POO I \000 19775 .DOC R-1 September 11, 2006 SUMMARY OF TERMS LEASE FOR SPACE # 37 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Space #37 - The Candy Barn, LLC. TERM: September 27,2006 through September 30,2009 RENT: $ 282.00 per month ($3,384 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: Use leased space for retail enterprise consistent with the purpose of the Farmers Market. Maintain leased space, including heating and air conditioning units; pay all assessed fees. Purchase cO;"'1mercial general liability insurance. Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: Maintain common areas of the Farmers Market and structural elements of the leased space. Pay for water, sewer and electrical service. TERMINATION: City may terminate by providing Lessee Sixty (60) days notice. V :\applications\citylawprodlcycom321 WpdocslD0071POO 1 1000 I 9776.DOC ",~:~~~ ~~lg~r:11~~~~ ;.:.',...... ......~.9~ ~J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $1,210,922 in State, Federal, Gift Fund, and Fee Revenues to the FY 2006-07 Department of Human Services Operating Budget to Provide Additional Mental Health, Mental Retardation, Social Services, and Community Corrections Services MEETING DATE: September 26,2006 . Background: Through the adoption of the state's FY 2006-07 budget and with changes to federal regulations regarding Medicaid revenue streams, additional funding has been made available for various Human Services programs. These revenues are associated with the following program areas: ~ $422,494 in additional state revenues to fund four full-time positions (Behavior Specialist II, Clinician III, and two Behavior Specialist I) to provide mental health services including supervised housing, contractual psychiatric service, day programs, and crisis intervention services, and to lease the Moose Lodge building to provide these services to mentally ill clients. These additional revenues are tied to the state's decision to close some of its mental health facilities. This deinstitutionalization policy will result in the return of clients to various communities, including Virginia Beach. ~ $185,443 in additional state revenue and $40,331 in additional federal revenue, "elated to Mental Retardation Part C Early Intervention funding, to fund one MH/MR Educator II position and operational costs for speech, occupational, and physical therapy services to children from birth to age three. ~ $73,196 in additional Medicaid and fee revenue to lease and operate a facility to expand services at Skillquest for mental retardation consumers. This represents initial funding for a programmatic expansion that serves clients on current waiting lists as well as clients who will be eligible for services via BizNet Village (intermediate care facility), which will open in FY 2007-08. This expansion of service will include a request for three additional positions in FY 2007-08 and two additional positions in FY 2008-09. These positions will be funded solely with state revenues and fees. ~ $8,831 in additional federal revenue and $60,000 in supervision fee revenue for Community Corrections to fund one Administrative Specialist II position to provide services and support to the Community Corrections program. The establishment of the supervision fee is authorized by the Code of Virginia. Some localities in Virginia already impose such fees to supplement the program costs, which are borne by the state and the locality. ~ $244,057 in additional federal funds and $171,570 in additional state revenues to fund two full-time Social Worker 1 positions to provide mandated employment services to Temporary Assistance for Needy Families (T ANF) reauthorization. These additional funds are related the reauthorization of the Welfare Reform Act, which was adopted in March, 2006. A 10% local match of $33,532 is required for the child care components associated with these funds. The balance in the Reserve for Contingencies after this transfer will be $406,616. ~ $5,000 in fund balance is appropriated from the Mental Retardation Gift Fund to provide literary, visual, and performing arts programs to adults with disabilities. In addition to the new funding identified above, the department requests a transfer of $189,771 within the FY 2006-07 Department of Human Services Operating Budget to provide adequate transportation services to eligible clients. Van driver positions are budgeted as City positions as well as contracted manpower through temporary agencies. It has been increasingly difficult to recruit and retain van drivers through temporary agencies. Therefore, the department requests to convert the existing contracted manpower appropriations to part-time van driver positions. This will increase the part-time staffing by 7.25, but the accompanying increase in part-time salaries will be offset by a corresponding decrease in contracted manpower. . Considerations: Notification of these additional state and federal funds was received subsequent to the City Council's approval of the FY 2006-07 Operating Budget. Some of these programs are mandated; one is related to the state's decision to close some of its mental health facilities (deinstitutionalization); and others address pressing service needs. A local match of $33,532 for $335,320 of child care subsidies is the only requirement for local funds. . Public Information: The additional funding was discussed at Community Services Board meetings. Public information will be handled through the normal council agenda process. . Alternatives: Without these additional state funds, the Department of Human Services will not be able to fully address pressing service needs. . Recommendations: Accept and appropriate $1,210,922 in State, Federal, Gift Fund, and Fee revenues and transfer $33,532 in General Fund Reserve for Contingencies to the FY 2006-07 Department of Human Services Operating Budget, and transfer $189,771 within the FY 2006-07 Department of Human Services Operating Budget; and to increase the number of full-time positions by eight FTEs, and the number of part-time positions by seven and one-quarter FTE's. . Attachments: Ordinance Recommended Action: Approve ordinance Submitting Department/Agency: Human Services ~~- City Manager: U k ,1s(j/Sfhz 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 AN ORDINANCE TO APPROPRIATE $1,210,922 IN STATE, FEDERAL, GIFT FUND, AND FEE REVENUES TO THE FY 2006-07 DEPARTMENT OF HUMAN SERVICES OPERATING BUDGET TO PROVIDE ADDITIONAL MENTAL HEALTH, MENTAL RETARDATION, SOCIAL SERVICES, AND COMMUNITY CORRECTION SERVICES WHEREAS, additional funds have been made available to the 9 Department of Human Services to provide mental health, mental 10 retardation, social services, and community correction services, 11 and these funds must be appropriated. 12 13 14 15 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the FY 2006-07 Department of Human Services 18 Operating Budget is amended for the purposes and in the amounts set 19 forth below: a. That $422,494 in additional state revenue is hereby appropriated to provide additional mental health and mental retardation services, including the leasing of a facility; b. That $185,443 in additional state revenue and $40,331 in additional federal revenue are hereby appropriated to provide speech, occupational and physical therapy to children from birth to age three; c. That $62,996 ln additional state revenue and $10,200 in fee revenue are hereby appropriated to 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 lease and operate a facility to expand services at Skillquest for mental retardation consumers; d. That $8,831 in additional federal revenue and $60,000 in fee revenue are hereby appropriated to provide support services to the Community Corrections Program; e. That $244,057 in additional federal revenue and $171,570 in additional state revenue are hereby appropriated and that $33,532 is hereby transferred from the General Fund Reserve for Contingencies to provide mandated employment services to Temporary Assistance for Needy Families reauthorization; f. That $5,000 in fund balance is hereby appropriated from the Mental Retardation Gift Fund to provide literary, visual, and performing arts programs to adults with disabilities; and g. That estimated revenues are hereby increased by $1,210,922 and that eight full-time positions, with fringe benefits, are established in the FY 2006-07 Department of Human Services Operating Budget. 2. That $189,771 is hereby transferred within the FY 2006-07 Department of Human Services Operating Budget to ensure adequate transportation services, and that seven-and-one-quarter part-time positions are established. 56 Adopted by the Council of the City of Virginia Beach, 57 Virginia, on the day of , 2006. 58 Requires an affirmative vote by a majority of the members of City 59 Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J:jo~ Q, V1/Vi(~~ Management ser~ ) ~~ City AttorneY'S~fiCe CA10146 V:\applications\citylawprod\cycom32\Wpdocs\D013\P001\O0020309.DOC R-2 September 14, 2006 ~~ ..~~. ._ ....';1 (~(5f.;:>t'.lr~ ~~~", , zit \.~.-~A-::ij -.:~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $50,000 from Reserve for Contingencies to the Department of Management Services FY 2006-07 Operating Budget for a Programmatic Review of the Current Assessment Process MEETING DATE: September 26,2006 . Background: At the conclusion of the 2005 general reassessment of real property values, some members of City Council and the community raised concerns regarding the value and equity of commercial and residential assessments and the need to provide good, quality assessments for property owners. Based on these concerns, the City is requesting proposals for a qualitative review, analysis, and study of the 2006 residential reassessment process and a separate review, analysis, and study of the 2006 commercial reassessment process. The primary focus of the review, analysis, and study of the FY 2006 general reassessment is to determine if the general reassessment by the City Assessor's Office is equitable to residential and commercial property owners. The review will analyze whether the reassessment was completed in a satisfactory manner, met or exceeded the requirements of the Commonwealth of Virginia, and was consistent with the Standards of the International Association of Assessing Officers and the Uniform Standards of Professional Appraisal Practice. . Considerations: The Department of Management Services will be responsible for reviewing the contractor's interim and final reports. The balance of Reserve for Contingencies before this Council action is $512,148 as of August 29, 2006, which takes into account pending transfers. . Public Information: Public information will be provided through the normal Council Agenda process. . Recommendations: Approval . Attachments: Ordinance and Draft Request for Proposals Recommended Action: Approval Submitting Department/Agency: Management servi~ City Manager:~ f:-~~ 1 AN ORDINANCE TO TRANSFER $50,000 FROM RESERVE 2 FOR CONTINGENCIES TO THE DEPARTMENT OF 3 MANAGEMENT SERVICES FY 2006-07 OPERATING 4 BUDGET FOR A PROGRAMMATIC REVIEW OF THE 5 CURRENT ASSESSMENT PROCESS 6 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRG INIA : 10 That $50,000 from Reserve for Contingencies Funds is hereby 11 transfer~ed to the Department of Management Services FY 2006-07 12 Operating Budget to fund a programmatic review of the current 13 assessment process 14 Adopted by the Council of the City of Virginia Beach, 15 Virginia, on the day of , 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J3 '- CAI0137 V:\applications\citylawprod\cycorn32\Wpdocs\D030\P001\OO019531.DOC R-2 August 30, 2006 I. PURPOSE THE CITY OF VIRGINIA BEACH IS SEEKING TWO SEPARATE PROPOSALS FROM FUllY QUALIFIED FIRMS FOR THE QUALITATIVE REVIEW, ANALYSIS, AND EVALUATION OF THE CITY'S ASSESSOR'S OFFICE RESIDENTIAL REASSESSMENT PROCESS AND FOR THE COMMERCIAL REASSESSMENT PROCESS AS OUTLINED IN THE FOllOWING SPECIFICATIONS. SEALED RESPONSES MUST BE SUBMITTED TO THE CITY OF VIRGINIA BEACH, PURCHASING OFFICE, PRINCESS ANNE EXECUTIVE PARK, KEMPSVILLE BUILDING, 1ST FLOOR, 2388 COURT PLAZA DRIVE, VIRGINIA BEACH; VA 23456 NO LATER THAN 5:00 P.M. ON OCTOBER 30, 2006 II. BACKGROUND The Assessor's Office is responsible to annually reassess all taxable and tax exempt real estate in the city, fairly and eqy.it~bly, in acc;ordance with Stat~.J~w and City Code and provide information and assistance to the City Council; staff, State Department of Taxation and the public....regardingthe land book. and individual assessments. Virginia Beach assesses property on a fiscal year, which runs July 1 to June 30 of each year. The most recent reassessmenfWa~completed during the preceding Calendar Year 2005 to be effective as of July 1, 2006.iThe staff in the Assessor's Office performed the reassessments. At the conclusion Oftti~2.P05 general reassessment, concerns were raised by some members Of. Virginia Bea911/City Council and the community regarding the value.and equity of assessments,.ooth commercial and residential and the need to provide good, quality assessments for property owners. Those concerns are the basis for this Request for Proposals (RFP). Currently, Virginia Beach has 148,095.parcels. The City of Virginia Beach is located in the South Hampton Roads area of the Commonwealth of Virginia, on the shores of the Chesapeake Bay and the Atlantic Ocean. The City is empowered to levy a property tax on both real and personal properties located within its boundaries. The City shall provide access to the Assessor's Office and any other office deemed necessary for the completion of this study. This access to the information in the Assessor's Office .shall be during normal business hours, but special arrangements can be made for access at other times. The City will make available photocopy machines, fax machines, and Internet access, and will provide a computer with access to the mass appraisal software. Should the Contractor need paper copies, the City will work with the Contractor to provide copies at no cost. The City will also provide any digital information possible and will arrange for the Contractor to interview staff and any other individuals as needed. The City will address any other items the Contractor needs as soon as possible. However, it must be clearlv understood that the City is not seekina reassessment services. 1 III. SCOPE OF WORK The City is requesting a qualitative review, analysis, and study of the 2006 residential reassessment process and a separate review, analysis, and study of the 2006 commercial reassessment process. Specifically the City desires to have the general reassessment process reviewed in different areas as outlined in this RFP. The primary focus of the review, analysis, and study of the FY 2006 general reassessment is to determine if the general reassessment by the City Assessor's Office is equitable to residential and commercial property owners, that they have been completed in a satisfactory manner, met or exce~dthe requirements of the Commonwealth of Virginia, and are consistent with th~.$tandards of the International Association of Assessing Officers (IMO) and the Uniform Standards of Professional Appraisal Practice (USPAP). A. Components of Work: 1. Residential Reassessments: Specifically, the Contractor shall: . Review, analyze and evaluate real property valuation practices, methods, and techniques used in determining reassessments of residential propertY. . Review, and analyze, arldeval.UCl!eall appropriate management and administrative prac~ices thafat~ directly related the residential reassessment process and results. . Review, analyze, arid. eyaluate the statistical practices that have been utilized in the re$idential reassessment process to ensure that the results meet or exceed the standards established by Virginia law andJor the industry. . Provide benchmark best practices of similar localities in comparison with the City of Virginian in the Contractor's final report. . Provide recommendations on possible changes needed based on best practices of similar localities. . Provide interim status reports to the Department of Managements Services on preliminary findings related to residential assessments. . Provide 15 copies of a Contractor's Final Report to the Department of Managements and City Staff and City Council Members. 2. Commercial Reassessments: Specifically, the Contractor shall: 2 . Review, analyze and evaluate real property valuation practices, methods, and techniques used in determining reassessments of commercial property. . Review, analyze, and evaluate all appropriate management and administrative practices that are directly related the commercial reassessment process and results. . Review, analyze, and evaluate the statistical practices that have been utilized in the commercial reassessment process to ensure that the results meet or exceed the standards established by Virginia law and for the industry. . Provide benchmark best practic~$of simHc.tr)ocalities in comparison with the City of Virginian in the Cbntractor'sFinal Report. . Provide recommendations on possible changes needed based on best practices of similaflocalities. . Provide interim status reports to the Department of Managements Services on preliminary findings related to commercial reassessments. . Provide 15/Cbpi~$.of Final Report to the Department of Managements and City~taffand City Gouncil Members. 3. Compliance Requirements: The study will review, analyze, and study legal, administrative, regulatory, and procedural guideline compliance requirements that are imposed upon the Assessor's Office. The extent of this analysis will involve only those issues under the scope of this study, that is the revaluation program, and not a broad or in depth analysis of statutory requirements. The primary purpose of this analysis is to ensure that the Assessor's Office is adhering to the statutory law as well as to sound prbcedural processes that ensure best practices. 4. Study Scope and Conclusion Summary: The overall scope of this study will focus primarily on those identifiable issues that affect the residential and commercial reassessment process within the Assessor's Office when compared to the standards and practices of the industry for residential and commercial reassessments. Virginia law when applicable will be noted in the report. The Contractor will provide interim status reports, however, upon conclusion of the study, the Contractor will provide a final report which addresses specific written findings and recommendations for improvement that are consistent with best professional standards and practices. The report will include an executive summary of key findings. The contractor is expected to meet with and communicate their findings and recommendations to the Department of Management Services. In 3 addition, the Contractor may be requested to make an oral presentation to the City Council. The Contractor's final report will be delivered to the January 30,2007. IV. Proposed Timeline (DATES TO BE NEGOTIATED): Proposal Acceptance Data Gatherin Review Appraisal and Assessment Process Interim Report Final Report Late November Early December 2006 - Early Janua 2007 Mid January 2007 Late January 2007 xx xx xx 4 xx xx xx , ~~~~~~ . '" \... CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance to Transfer $18,000 from the FY 2006-07 Reserve for Contingencies to the Council Donations Account and Donate $18,000 to the Virginia Beach Public Schools Education Foundation MEETING DATE: September 26, 2006 . Background: In 2002, City Council adopted an ordinance setting the annual salary of the then-current council member representing the Beach district at zero dollars. For three of the four years that the previous council member served, City Council made annual donations of $18,000 (the amount of a councilmember's salary) to the Virginia Beach Public Schools Education Foundation. After a review of accounting records, the Department Management Services staff determined that a contribution was not made for FY 2003-04. In four years, the City donated $54,000 to the Virginia Beach Education Foundation instead of the anticipated $72,000. In order to make the total contribution of $72,000, funds in the amount of a councilmember's salary for FY 2003-04 ($18,000) will be transferred from Reserve for Contingencies to the Council Donations Account to provide a source of funding for a charitable donation by the City Council to the Virginia Beach Public Schools Education Foundation. . Considerations: The proposed ordinance would donate $18,000 to the Virginia Beach Public Schools Education Foundation. The balance of Reserve for Contingencies before this Council action is $462,148 as of September 5, 2006, which takes into account pending transfers. . Public Information: Public information will be provided through the normal Council Agenda process. . Recommendations: Adoption of Ordinance . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Management Service City Manager~ k :'&s~ 1 2 3 4 5 AN ORDINANCE TO TRANSFER $18,000 FROM THE FY 2006-07 RESERVE FOR CONTINGENCIES TO THE COUNCIL DONATIONS ACCOUNT AND DONATE $18,000 TO THE VIRGINIA BEACH PUBLIC SCHOOLS EDUCATION FOUNDATION 6 WHEREAS, the City established the salary of the previous 7 Beach District Councilmember at zero dollars ($0) per annum; 8 WHEREAS, an amount equal to a Councilmernber's salary 9 ($18,000) will be transferred from Reserve for Contingencies to 10 the Council Donations Account; and 11 WHEREAS, the City Council desires to donate these funds to 12 the Virginia Beach Public Schools Education Foundation, a tax- 13 exempt non-profit organization. 14 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 1) That $18,000 is transferred from the FY 2006-07 17 Reserve for Contingencies to the Council Donations Account. 18 2) That $18,000 from the FY 2006-07 Council Donations 19 Account is hereby donated to the Virginia Beach Public Schools 20 Education Foundation, as authorized by Virginia Code 15.2-953. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the day of , 2006. Requires an affirmative vote by a majori ty of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J1~Q ~ Management Servlce ~~~ City Attorney's Office CA10143 V:\applications\citylawprod\cycom32\Wpdocs\D006\P001\O0019749.DOC R-3 September 7, 2006 ~~"'-. .{""'~I"';",,,,,, fll-. --\~, (0: -. :s:~ \:\~ . E:J {::...-~jfj ~".~_~.JJ> ~....~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Forwarding the 2007 Community Goals and Objectives to the City's Local Delegation to the General Assembly MEETING DATE: September 26,2006 · Background: On September 12, 2006, City Council adopted its 2007 Community Legislative Agenda and requested that members of the City's local Delegation to the General Assembly sponsor and/or support legislation therein. As part of the Community Legislative Agenda process, City Council solicited input from various community groups. · Considerations: Numerous citizen groups participated in the Community Legislative Agenda process. City Council received valuable input from these groups recommending matters for consideration by the General Assembly. · Public Information: Councilmembers Wilson and Villanueva, with help from staff, held two informal public meetings in September 2006 with community leaders and representatives of various citizen groups to obtain items for inclusion in the 2007 Community Legislative Agenda. A public hearing on the Agenda was held on Tuesday, September 5, 2006 in Council chambers. An additional public hearing was held on September 12. · Recommendations: It is recommended that City Council adopt the attached resolution that forwards the 2007 Community Goals and Objectives to the City's local Delegation to the General Assembly. . Attachments: (1) Resolution (2) 2007 Community Goals and Objectives Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: 1 2 3 4 5 6 7 A RESOLUTION FORWARDING THE 2007 COMMUNITY GOALS AND OBJECTIVES TO THE CITY'S LOCAL DELEGATION TO THE GENERAL ASSEMBLY WHEREAS, on September 12, 2006, the City Council adopted 8 its 2007 Community Legislative Agenda and requested that members 9 of the City's local Delegation to the General Assembly sponsor 10 and/or support legislation therein; and 11 WHEREAS, as a part of the Legislative Agenda process, the 12 City Council solicited input from community groups in order to 13 advise its General Assembly Delegation of the goals and 14 objectives of those organizations; and 15 WHEREAS, the City Council received valuable input from 16 various community groups recommending matters for the 17 consideration of the General Assembly; and 18 WHEREAS, the City Council received the attached Community 19 Goals and Objectives and appreciates the thoughtful 20 participation of community groups in the Community Legislative 21 Agenda process. 22 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That the City Council hereby forwards the 2007 Community 25 Goals and Objectives, attached hereto, to the City's Delegation 26 to the General Assembly for their consideration in preparing and 27 supporting legislation during the 2007 Session of the General 28 Assembly. 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 That the City Clerk is hereby directed to transmit a copy 32 of this resolution to each member of the City's local Delegation 33 to the General Assembly. 34 Adopted by the City Council of the City of Virginia Beach, 35 Virginia, this day of , 2006. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office " h1f11P C. f - ~/JA./ City Attorney's ffice CA10149 V:\applications\citylawprod\cycom32\Wpdocs\D020\P001\00020682.DOC R-2 September 21, 2006 2007 COMMUNITY LEGISLATIVE AGENDA: COMMUNITY GOALS AND OBJECTIVES 1. INCREASE IN MEDICAID FuNDING As requested in the City's portion of the legislative package. 2. PROPORTIONATE SHARE OF ANY NEW TAXES If sales or other taxes are increased, Virginia Beach should get a proportionate share. 3. PEDESTRIAN FRIENDLY LEGIS LA TION Requires motorists to stop whenever pedestrians are in a crosswalk. 4. 211 SERVICE Establish regional database that enables individuals to dial 211 to access information on public service activities such as social services, mental health, etc. 5. P~IOTO RED LIGHT ENFORCEMENT As requested in the City's portion of the legislative package. 6. FIRE PROTECTION FOR HAMPTON ROADS HARBOR Support for increases in funding for a fire boat and operational costs for the Hampton Roads Harbor areas. 7. PROPOSAL FOR DENSITY CREDITS TO BE USED AS AN INCENTIVE TO GET WORK FORCE HOUSING As requested in the City's portion of the legislative package. 8. ADEQUATE/ ADDITIONAL FuNDING TO INCREASE ABC INSPECTORS 9. ADEQUATE PUBLIC SAFETY FuNDING, INCLUDING THE STATE'S SUPPORT FOR SHERIFFS 1 As requested in the City's portion of the legislative package. 1 o. WASTE WATER FuNDING AID TO LOCALITIES TO IMPROVE WATER QUALITY 11. SEXUAL PREDATORS LEGISLATION 12. ADEQUATE FuNDING FOR MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES As requested in the City's portion of the legislative package. 2 K. PLANNING 1. Application of CAR SPA, INC. for a Conditional Use Permit re a car wash at Northampton Boulevard and Diamond Springs Road. (DISTRICT 4 - BA YSIDE) RECOMMENDA nON APPROVAL 2. Application of RACE CO OIL CO., L.L.C. for a Conditional Use Permit re a gas station, convenience store and car wash at Newtown Road and Lake Edward Drive. (DISTRICT 2 - KEMPSVILLE) STAFF RECOMMENDS PLANNING COMMISSION RECOMMENDS DENIAL APPROVAL 3. Application of HARVEST OUTREACH MINISTRIES, INC. for a Conditional Use Permit re a church at Indian River Road and Bridlepath Lane. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDA nON APPROVAL 4. Application of DR. ALAN MAHANES for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional 0-1 Office District with Historical and Cultural overlay at 2513 North Landing Road re a dental office and additional space for lease. (DISTRICT 7 - PRINCESS ANNE) DEFERRED RECOMMENDATION September 12, 1006 APPROVAL 5. Application of LA GO MAR ASSOCIATES, L.L.c. for a Change of Zoning District Classification from B-1 Neighborhood Business District to Conditional R-15 Residential District at 801 Artesia Way to develop single-family dwellings. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION APPROVAL NOTSCE OF .PUBlIC HEARiNG VirgInia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday~ September 26, 2006, at 6:00 p.m. The foliowing appiications will be heard: D;STRICT 7 - PRINCESS ANNE Lago Mar Associates, L.L.C. Application: Change of Zoning District. Classification from B-1 Neigh- borhood Business to Conditional R-15 Residential at 801 Artesia Way (GPIN 2424133283). The Compre- hensive Plan designates this site as being part of the Primary Residential Area, suitable for appropri- ately located suburban residential and non-residen- tial uses consistent with the policies of the Compre- hensive Plan. The purpose of this zoning change is to deveiop single-family dwellings. Harvest Outreach Ministries, Inc. Application: Con- ditional Use. Permit for a church on Indian River Road. (GPINs 1483841803; 1483852479). DISTRICT 4 - BAYSIDE Car Spa, Inc. Application:' Conditional Use Per- mit for a car wash at Northampton Boulevard. (GPIN 1469103130). DiSTRICT 2 - KEMPSVillE . Raceco Oil Co., L.L.C. Application:- Conditional Use Permit for a gas station and car wash at New- town Road. (GPIN 1467293972). All interested citizens are invited to attend. f7-~~ Ruth Hodges Smith; MMC City Clerk Copies of the proposed ordinances, resolutions and amendments 'are on file and may be examined in the Department of Planning or online at httD://www.vb~ov.com/dent! plannin!:!/boards/pc L. For information call 385-4621. If you are physi(:aUy disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFaCE at 385-4303. Heafing impairedt call: TDD only at 385-4305. (TDD - Telephonic Device for the Deaf). Beacon Sept. 10 & 17, 2006 15749904 Map C-4 Mop Not to Scole Inc. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Car Spa, Inc. - Conditional Use Permit (car wash), Northampton Boulevard at Diamond Springs Road (DISTRICT 4 - SA YSIDE) MEETING DATE: September 26,2006 . Background: Application of Car Spa, Inc. for a Conditional Use Permit for a car wash on property located on the northeast side of Northampton Boulevard, approximately 230 feet southwest of Diamond Springs Road (GPIN 1469103130). DISTRICT 4 - BA YSIDE . Considerations: The applicant requests a Conditional Use Permit to allow development of the site with a car wash facility. The submitted site development plan depicts a 4,950- square foot car wash facility and a 180-foot by 20-foot post-wash canopy. Access to the site is shared with the proposed Wawa Convenience Store just north of the site. The car wash facility can accommodate four vehicles during various wash phases, and the post-wash canopy can accommodate 18 vehicles for the detailing portion of the service. Additionally, seven parking spaces and landscaping are depicted on the plan. The submitted building elevation depicts a white building with green and dark blue accents. The green and white finishes are Portland cement stucco, the canopies are metal panels, and the roofing system is standing seam metal. Storefront windows accented with green colored canopies are depicted on the front of the proposed building, and overhead doors are shown at the ends of the proposed building. The Planning Commission placed this item on the consent agenda because the proposal is consistent with the recommendations of the Comprehensive Plan for this area, staff recommended approval, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The site shall be developed substantially in accordance with the submitted "Conditional Use Permit Exhibit for Car Spa, Northampton Boulevard and Car Spa, Inc. Page 2 of 2 Diamond Springs Road, Virginia Beach, VA", prepared by MSA, PC, and dated 06/01/06. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The car wash facility and post-wash canopy shall be constructed substantially in accordance with the submitted elevation plan. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. A Lighting Plan and / or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. 4. Signage for the site shall be limited to: a. Directional signs; b. One monument style freestanding sign, no more than eight (8) foot in height, set on a base to match the building and two building or canopy signs; c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and doors, canopy, light poles, or any other portion of the site. 5. All motor vehicle detailing shall be limited to the areas beneath the "post- wash canopy". 6. Pedestrian walkway(s) from the proposed car wash facility to the adjacent convenience store shall be provided. 7. No outdoor vending machines 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~v'u City Manager~ \L,~Mvt.. CAR SPA, INC. Agenda Item 11 August 9,2006 Public Hearing REQUEST: Map C-4 Mop No-:. -:0 Sco:'" Staff Planner: Faith Christie Conditional Use Permit for a car wash ADDRESS I DESCRIPTION: Southeast intersection of Northampton Boulevard and Diamond Springs Road. GPIN: 14691031300000 COUNCIL ELECTION DISTRICT: 4 - BAYSIDE SITE SIZE: 0.987 acre The applicant requests a Conditional Use Permit to allow development of the site with an upscale car wash facility. The submitted site development plan depicts a 4,950-square foot car wash facility and a 180-foot by 20-foot post-wash canopy. Access to the site is shared with the proposed Wawa Convenience Store just north of the site. The car wash facility can ac~ommodate four vehicles during various wash phases, and the post- wash canopy can accommodate 18 vehicles for the detailing portion of the service. Additionally, seven parking spaces and landscaping are depicted on the plan. SUMMARY OF REQUEST The submitted building elevation depicts a white building with green and dark blue accents. The green and white finishes are Portland cement stucco, the canopies are metal panels, and the roofing system is standing seam metal. Storefront windows accented with green colored canopies are depicted on the front of the proposed building, and overhead doors are shown at the ends of the proposed building. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is undeveloped. SURROUNDING LAND USE AND ZONING: North: . Intersection of Northampton Boulevard and Diamond Springs Road d.'..... "",',""':"':,' CARSPA Agenda Item .11 · Page 1 South: · Undeveloped proposed Parcel Band U. S. Food Services / B-2 Business and 1-1 Industrial · Diamond Springs Road · Undeveloped proposed Parcel A / B-2 Business East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural or cultural resources associated with the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Northampton Boulevard in front of this site is an eight-lane divided major urban arterial facility. The Master Transportation Plan proposes an eight-lane divided facility with a 190-foot right-of-way. Diamond Springs Road beside this site is a four-lane divided minor suburban arterial facility. The Master Transportation Plan proposes a six-lane divided facility with a 150-foot right-of-way. There are no Capital Improvement Program projects for this area. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Northampton 61,621 ADT 56,240 ADT Existing Land Use" - "0" Boulevard ADT 20,684 ADT 1 Proposed Land Use 3 - Diamond Springs 28,200 ADT -2,030 ADT Road Average Dally Tnps 2 as defined by a vacant parcel 3 as defined by an automated car wash and 12 detailing stalls WATER: This site must connect to City water. There is an existing 12-inch City water main and a 20-inch City water transmission line in Northampton Boulevard in front of the site. There is also a 6-inch City water main extending into the site along the eastern property line. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 326 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing 12-inch City sanitary sewer gravity main in Northampton Boulevard fronting the site, and also across from the site. There is an existing 20-inch Hampton Roads Sanitation District (HRSD) force main across Northampton Boulevard, and a 48-inch HRSD force main extending into the site along the eastern property line. SCHOOLS: School populations are not affected by the request. FIRE: Any designed area that involves the shutting of doors with a vehicle and occupant inside must have a fail-safe operation to allow opening of door(s) or a clearly marked side hinged door for emerg~n<;YtJ~~J'~\~"\.' . CARSPA Agenda Item 11 Page 2 Adequate ventilation must be provided to remove vehicle exhaust. The proposed car spa building will require modifications to provide for fire department access. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with conditions recommended by staff. The recommended conditions are provided below. Comprehensive Plan: The Comprehensive Plan recognizes this area as being within the Strategic Growth Area #1. The Plan policies for this Strategic Growth Area recognize that this area has evolved into a major employment center in South Hampton Roads. The policies also recommend that where opportunities exist, this employment center's strengths as a major corporate, employment and industrial base be continued. Evaluation: The proposal conforms to the Comprehensive Plan's recommendations for this Strategic Growth Area. Development provisions which ensure consistency with the Plan policies include the following: the site design is well-configured, safe, and functional with regard to vehicular access and circulation; the proposed structures blend with adjacent developments and promote community aesthetics; landscaping is provided in the parking lot, at the building's foundation, and along the site's frontages; site lighting is focused directly onto the site; and a stormwater management system which will accommodate increased runoff. The proposed development continues the design quality and aesthetic improvements provided on the adjacent Wawa convenience store site. Staff, therefore, recommends approval subject to the conditions listed below. CONDITIONS - 1. The site shall be developed substantially in accordance with the submitted "Conditional Use Permit Exhibit for Car Spa, Northampton Boulevard and Diamond Springs Road, Virginia Beach, VA", prepared by MSA, PC, and dated 06/01/06. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virgin;a Beach Planning Department. 2. The car wash facility and post-wash canopy shall be constructed substantially in accordance with the submitted elevation plan. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. A Lighting Plan and / or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. 4. Signage for the site shall be limited to: a. Directional signs; b. One monument style freestanding sign, no more than eight (8) foot in height, set on a base to match the building and two building or canopy signs; c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs or neon accents installed on anYv.Jpl!8~~~~f'~~~ CARSPA Agenda Item 11 Page 3 building, on the windows and doors, canopy, light poles, or any other portion of the site. 5. All motor vehicle detailing shall be limited to the areas beneath the "post-wash canopy". 6. Pedestrian walkway(s) from the proposed car wash facility to the adjacent convenience store shall be provided. 7. No outdoor vending machines shall be permitted. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Plans submitted with this use permit application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ,:}i.,,_>""',O'" CARSPA Agenda Item 11 Pag(34 AERIAL OF SITE LOCATION CARSPA Agenda Item 1.1 Page 5 ] Q c: 'J: ~ 'tl 5 ls E ~ is :is i 1 .. 11 ~ m j ~ :sQ.c;; 1 V') ~. ~ .g I,;"".i C\l oe.m "€ :s .~tl~ .~ PROPOSED SITE PLAN jl ~ '.. " '- d. ~U!i ...1, ill o .., 1<.- <11m o!;... 016 i<ll o..d: ~ ~ i!~ at Iil.. ~.. l...~.~ Z lllllllll <z:s8.~ -~15! ~ .n..~ ,..'-............~..........D.' .. ~~ii~ '\." .......os ~ <,. ! ~i.. /}/f/ . IsH h1J i . ill) ~.~....ll1d ~llttP ~a illt' ~ ~.l.fll i J f ! jlUi ,Iul "'I ~:f'1"- j;~1 ....." ) l'ij ~ ,- -!Ii; f:'Jl ~hf_ t- "i ~~l: . i!h~ ~{i' ('l ('l(ll .. .... ~.~ ~~ ~~ I I ,>"", "."-<"',.,;; CARSPA Agenda Item 11 . Pag~ 6 PROPOSED SITE PLAN (DETAIL) i ~' ,i'" i' "" , J" I- ~(i ""e.-_m .,'\",~ *"'~ 'll? " hl!!~ ,~:; ~bl r 'f'~ ~ .i'",. :.., CARSPA Agenda Item 11 .. P~ge 7 PROPOSED BUILDING ELEVATION ; . i iUf t;f.~ H;"i I"... .~.. ~~ ~ I' ,... -." ~ '..' ~ :' ! ! CARSPA Agenda Item .11' . . PagE? 8 ZONING HISTORY Map C-4 Map Not to Scale R-40 CUP for Car Wash 1. 7/12/05 2. 4/7/65 Conditional Rezonin 0-2 Office to 0-1 Office Rezoning (CL-1 Limited Commercial and R-S 3 Residence Suburban to C-G3 General Commercial) and a Conditional Use Permit Automobile Service Station Conditional Use Permit Commercial Recreational Facilit Street Closure Conditional Use Permit Automotive Re air A roved Approved 3. 8/27/97 4. 12/9/97 5. 12/2/98 CARSPA Agenda Item 11 Page 9 is j f.J... ....'1. :i""'l .i~ ! I.!~ I -~. i i$ I f~i I .,1:, ~ I. '...',.' '.s ';.-.'. !aJ~ g~;J' , ~a"2~ t ~~f I ~i ; U J 1'1 151,;1: ;1111 I..i!. ;.....1... iii'fJ~ i 11fl ~.;;t.. ,,:~i. ~! ;1"" IS'" 'I' '., t.. .ti . ' t ~~ .! p~ I . ~. . 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NOIIVJnddV lOOIRd asn 1VNOIIICINOJ ~ I.i.l 0:: i 9 ~ c ;- z b;.I ~ ;iIiIii ill .. ~ ~ f s ~ .... ," ,E ) ~ I ~ o ~ : I Ii - ;II 1i S$ ~ .. ..~ ,~..".,...... ~"'If -~ .. Ot <"' r~~J ~ t~ jCi ~~ji ~.~:;: $'~. II ~ 41 E .. E II '; l '" -;:; 5 ~ i i 1! ~ ~ ~ r ~~... - 1\1 - !Ii< ~ ~"J:\ i i~;s ,~-I 1 iti!.a 'i!i~ lli!fl~ a ca:.t!~.:ii!'ii""Q .~ UiI ... .jl-.:si 1'J< ..) ~ i li~li i! ....~ /:~.'. J.i ~'"i !! ~ll~~ ~l:i _ 00 ...,,:s~_~!. ...... ~.~. L;:.,-i" ~'l1 i:tH~ ! i I fi I~~':' e..... ::;_~ .~. ! ~ I. i. .~ " !!!.~""'.li~ ~ 1:3 ~~,;.! {II ~...I...I......~....':.t ~ --.:,~: ~ g: ':.~_._~ \.;,-~- 5-- ..' ! I i" , ~ I. ~... j .E i ~ I It ! '" _I ,., . ., I", ! ..' Ii 1.1 i~ It It I ~t lj! I.. -I.' ...1. f i I i~ L,~ I"'" ~ In il l~i I it... l~ II ! ~...J. I :-~ ". ~ .. I. .".ISo.' l~ ~ . 'b'''' I, ~ · I - ~ !!if !;~ I ~ 8 I. !i !:~ L~'g j ~: ~ Ju -is l_~ Lm__ '-,_NN,-JD CARSPA Agenda Item 11 Page 10 Item #11 Car Spa, Inc. Conditional Use Permit 5701 Northampton Boulevard District 4 Bayside August 9,2006 CONSENT Janice Anderson: The next item on the consent agenda is item 11, Car Spa, Inc. This is for a Conditional Use Permit for a car wash on property located at 5701 Northampton Boulevard in the Bayside District. Jeff Maynard: Ms. Anderson and members of the Planning Commission, Jeff Maynard for Car Spa, Inc. We have reviewed and my client is acceptable with the conditions imposed on this application. I would like to thank you and the Planning staff for your work for allowing this application to be on the consent agenda today. Janice Anderson: Thank you. = Jeff Maynard: Thanks. Janice Anderson: Is there any opposition to this application? The Chair has asked Ron Ripley to please review. Ronald Ripley: The Planning Commission placed this on consent agenda because it received a favorable staff recommendation. We felt that it was a very good use ofthe site. It is compatible with the proposed Wawa, which would be located to the east of this particular property. They share a common entrance, and it looks like the applicant has put a good emphasis on the landscaping that you will see on Northampton Boulevard, which will be a big improvement, and the use just seems very appropriate to be placed on consent. That is why it is on there. Janice Anderson: Thank you Mr. Ripley. I make a motion to approve consent agenda item 11. Barry Knight: There is a motion on the floor to approve this consent agenda item. Do I have a second? Dorothy Wood: Second. Barry Knight: A second by Dot Wood. Is there any discussion? Call for the question. AYE 9 NAY 0 ABSO ABSENT 2 Item #11 Car Spa, Inc. Page 2 ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE KA TSIAS KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item 11 for consent. = Map C-6 M",p Not to Scole o CJ o (] CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Raceco Oil Co., L.L.C. - Conditional Use Permit (gas station with a convenience store and car wash), Newtown Road south of lake Edward Drive (DISTRICT 2 - KEMPSVillE) MEETING DATE: September 26,2006 . Background: Application of Raceco Oil Co., L.L.C. for a Conditional Use Permit for a gas station and car wash on property located on the west side of Newtown Road, approximately 100 feet south of Lake Edward Drive (GPIN 1467293972). DISTRICT 2 - KEMPSVILLE . Considerations: The applicant requests a Conditional Use Permit to develop a 5,300 square foot convenience store in conjunction with an automated car wash and fourteen gas pumps. The structures are primarily reddish brown brick with white brick banding. The gable end roofs are gray asphalt shingles. Metal louvered vents and metal panels are used as accent pieces in a shade of blue to carry the patriotic color theme. Prior to this application, a Conditional Use Permit for a car wash for this site was granted by City Council on April 22, 2003. The 2003 request was initially deferred to allow the applicant to work with the adjacent neighborhood regarding a variety of issues. It was after working with the neighborhood and providing revisions to the site plan, that the request for a car wash was approved. Staff must stress that this Conditional Use Permit request has significant issues regarding traffic movements and access. Although the uses proposed by this proposal are in conformance with the Comprehensive Plan's recommendations for this area, the intensity of the combined uses on the site combined with the traffic access are of concern. There was opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 7-2 to approve the request with the following conditions: Raceco Oil Co., L.L.C. Page 2 of 3 1. The site shall be developed substantially as shown on the submitted site plan entitled "Newtown Road Gas Station Preliminary Site Plan" prepared by The Spectra Group, Inc. and dated 5/1/06. A copy of which ahs been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed buildings shall be substantially as shown on the submitted building elevations entitled "NEWTOWN ROAD - RACECO ELEVATIONS" prepared by Architectural Studio, PLLC dated 6/21/06 which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. All outdoor lighting shall be shielded to direct light and glare onto the premises; and deflected, shaded and focused away form adjoining properties. A photometric plan shall be submitted at the time of site plan revIew. 4. Any freestanding sign on the site shall be monument style, with base similar in material and color to the proposed buildings. 5. The dumpster enclosure shown on the site plan shall be constructed with solid walls to match in material and color with the proposed buildings and landscaped. 6. No outside speakers shall be allowed. 7. Posters, advertisements and/or displays/gondolas are not to be located in, on, in front of, or around windows of the store. 8. Signage on the canopy shall not be internally or externally illuminated. 9. The building walls and fences shall be kept free of graffiti at all times. 10. Hours of operation of the car wash shall be 8:00 AM until 1 0:00 PM, seven days a week. A manager shall be on duty during all hours of operation for the car wash. 11 . The proposed entrance location shall be shifted during detailed site plan review as required by the Department of Public Works / Traffic Engineering to provide for safe ingress to and egress from the site. The developer shall be responsible for any re-striping on Newtown Road. 12. Shrubbery along Newtown Rd. shall be maintained at a height of no higher than three (3) feet. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Raceco Oil Co., L.L.C. Page 3 of 3 Location Map Recommended Action: Staff recommends denial. Planning Commission recommends approval. Submitting Department/Agency: Planning Department~ City Manager: ~ K ' ~ Il'l"'z.. RACECO OIL CO., L.L.C. Agenda Item 13 August 9, 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for gas station with a convenience store and car wash. ADDRESS I DESCRIPTION: Property located on the west side of Newtown Road approximately 100 feet south of Lake Edward Drive. GPIN: 14672939720000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 67,224 square feet (1.57 acres) SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to development a 5,300 square foot convenience store in conjunction with an automated car wash and fourteen gas pumps. The structures-are primarily reddish brown brick with white brick banding. The gable end roofs are gray asphalt shingles. Metal louvered vents and metal panels are used as accent pieces in a shade of blue to carry the patriotic color theme. EXISTING LAND USE: Undeveloped vacant site. SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: LAND USE AND ZONING INFORMATION · 7 -Eleven Convenience store / B-2 Community Business District · City boundary line between Norfolk and Virginia Beach, commercial uses and multi-family development are located in Norfolk. · Across Newtown Road is a bus company and a shopping center / 1-2 Heavy Industrial District and B-2 Community Business District · Lake Edward West Town homes / A-12 Apartment District The site is a vacant grass field. There are no cultural features associated with this site. Cabot Avenue on the southern edge of thE:l.site'sety$s~~ ~"., '., RACECO Agenda Item 13 Pag~ 1 the boundary line between Norfolk and Virginia Beach. Cabot Avenue is not fully improved but is used for access to a shopping center that is located south of the subject site, within the Norfolk city limits. AICUZ: The site is in an AICUZ of less Than 65 dB ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Newtown Road in the vicinity of this application is a four-lane undivided minor urban arterial with a two-way center turn lane. This section of roadway is shown on the Master Transportation Plan as a 150 foot right-of- way divided roadway. There are currently no Capital Improvement projects identified for this section of Newtown Road in front of the proposed development. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Newtown Road 40,109 ADT 1 22,800 ADT 1 (level of Existing land Use ~- (2006) Service "D") - CAPACITY 880 ADT 27,400 ADT 1 (level of Proposed land Use 3 - Service "E") 2,604 ADT Average Dally Tnps 2 as defined by 1.6 acres B-2 3 as defined by convenience store with gas pumps and car wash . The section of Newtown Road in front of the proposed site from Baker Road to Virginia Beach Boulevard is currently well over capacity and there is major traffic congestion in the morning and afternoon peak hours at the Newtown Road intersections with Baker Roag and Virginia Beach Boulevard. . The existing two-way left turn lane in front of the site is dangerous and is a safety concern on this section of roadway because there are numerous entrances on both sides of the roadway that overlap each other. The addition of the proposed site, because of its high traffic generation potential, will exacerbate this safety concern because of the added left turn conflicts into and out of this site. . The proposed entrance location will be required to be shifted north, resulting in a shorter right turn lane and taper, in order to stripe a short left turn lane for this site that will work with the other existing entrances on Newtown Road. The Developer will be responsible for the re-striping on Newtown Road because the need for the left turn lane comes from the addition of a high traffic generator. . Detailed comments on the gas station site plan will be forthcoming upon a site plan submission. WATER: This site must connect to City water. There is a 12-inch City water main in Newtown Road fronting the site. There is a 4-inch City water main in Redkirk lane fronting the site. SEWER: This site must connect to City or HRSD sanitary sewer. Analysis of Pump Station 343 and the sanitary sewer collection system is required to ensure future flows can be accommodated. Thereis~~2-inch City sanitary sewer force main in Newtown Road fronting the site. There is an 8-inch City san~tCl.rys~~et'force HACECO Agenda Item 13 . PagE! 2 main crossing the property along the southern property line. There is a 48-inch HRSD force main. There is an 8 inch city gravity sanitary sewer main in Redkirk Lane fronting the site. STORM WATER MANAAGEMENT: This is currently an undeveloped lot. Ensure adequate storm water management. Additional comments may be forthcoming during site plan review. FIRE DEPARTMENT: No comments at this time. POLICE DEPARTMENT: · A photometric plan is to be submitted at site plan review. · To discourage cut-through pedestrian traffic from Redkirk Land and Cabot Avenue, it is recommended that fencing be installed along the property lines to the rear and on both sides of the site. The proposed Category VI landscape screening buffer to the rear will not be sufficient in keeping pedestrians from cutting through the site. An exception to this would be if the owner and adjacent property owners wanted to provide pedestrian access to the site from Redkirk Lane. In that event, a safe and appropriate walkway should be designed that connects the site with Redkirk Lane. · It is strongly recommended that a digital, state-of-the-art closed-circuit TV be installed on site to monitor the pump areas and inside the store. · Advertisements and/or displays/gondolas should not be located in, in front of, or around windows in the front of the store. This will work toward increasing surveillance opportunities by passing law enforcement patrols, other motorists and pedestrians as well as allow employees to monitor the pump area outside. EVALUATION AND RECOMMENDATION Recommendation: Staff cannot support this request for a gas station, 5300 SF convenience store and car wash, as proposed. Despite having worked with staff on revising the site layout and reducing me pump station from the proposal, the applicant has not met with the adjacent civic league as requested, which Staff considers critical in this area of the city. Comprehensive Plan: The Comprehensive Plan recognizes this area as being within Primary Residential Area. The Comprehensive Plan Policy document reinforces the suburban characteristics of commercial centers and other non-residential areas for this area. The Plan stated that: "Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities." The proposed use is considered as infill since it occurs on a defined parcel or tract of land that is surrounded by an established arrangement of land uses of similar character. Land uses proposed for infill sites as well as their density, material, height, setback, yard area and other design considerations should complement and reinforce the predominant physical character of the surrounding area. RAGEGO Agenda Item .13 . Pag~ 3 Evaluation: Prior to this application, a Conditional Use Permit for a car wash for this site was granted by City Council on April 22, 2003. The 2003 request was initially deferred to allow the applicant to work with the adjacent neighborhood regarding a variety of issues. It was after working with the neighborhood and providing revisions to the site plan, that the request for a car wash was approved. Staff must stress that this Conditional Use Permit request has significant issues regarding traffic movements and access. If recommended for approval, the use permit the conditions recommended by staff below should be attached. Although, the uses of this proposal are in conformance with the Comprehensive Plan's recommendations for this area, it is the intensity of the combined uses on the site that are of concern. CONDITIONS 1 . The site shall be developed substantially as shown on the submitted site plan entitled "Newtown Road Gas Station Preliminary Site Plan" prepared by The Spectra Group, Inc. and dated 5/1/06. A copy of which ahs been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed buildings shall be substantially as shown on the submitted building elevations entitled "NEWTOWN ROAD - RACECO ELEVATIONS" prepared by Architectural Studio, PLLC dated 6/21/06 which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. All outdoor lighting shall be shielded to direct light and glare onto the premises; and deflected, shaded and focused away form adjoining properties. A photometric plan shall be submitted at the time of site plan review. - 4. Any freestanding sign on the site shall be monument style, with base similar in material and color to the proposed buildings. 5. The'dumpster enclosure shown on the site plan shall be constructed with solid walls to match in material and color with the proposed buildings and landscaped. 6. No outside speakers shall be allowed. 7. Posters, advertisements and/or displays/gondolas are not to be located in, on, in front of, or around windows of the store. 8. Signage on the canopy shall not be internally or externally illuminated. 9. The building walls and fences shall be kept free of graffiti at all times. 10. Hours of operation of the car wash shall be 8:00 AM until 1 0:00 PM, seven days a week. A manager shall be on duty during all hours of operation for the car wash. 11. The proposed entrance location shall be shifted north in order to stripe a short left turn lane that will functionally complement the other existing entrances on Newtown Road. This revision do~sr~s~lt in a shorter right turn lane and taper. The developer shall be responsible for the re-stripi'lg:oQNeW!(}wn . . RACECO Agenda Item 13 Page 4 Road, as the need for the left turn lane comes from the traffic generated by this use. 12. No berming should be installed along Newtown Rd. Shrubbery along Newtown Rd. shall be maintained at a height of no higher than three (3) feet as measured from the surface of street. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Plans submitted with this use permit application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. /;:,;.,~ RAGECO Agenda Item 13 Pag~ 5 AERIAL OF SITE LOCATION ,_;:.,C.". p"-", .. RACECO Agenda Item 13 Page 6 _.~.,..--\ z~ u ~L ~ ~~. ~ ~ s:~ 86 ~%&~ ~'i" ~ ~~.~~. ~a~~ >I",", '"' '. UH llpi "'::d, ihhdHllh '1. j I j ""-Uk' 1 Hill i. I ' !, ; ! nOdi! .It ;j~!!tin In 'i,~,n.. t", ~4 '".'rItJ ii/a ,os - :INn .VN1:{iWl _7'....., M/H .00 - 3AIHq nv.. va ..I/([;f 3XYJ ".''"'M .:... = X'.'~"'" ..~~.-, , . 'MqM~ :"'M t1:i ~4 ~,~ ,; ~ l!~ !t 'i ::J tl ~? , ~- ,~'-o::: ..."'...c............ ~' 'm:\1l1' ~Ic<i"i'" ,'-r ~ ~, - r,7l.\.""'l I' ' . -_._~~ ,." ! ~~ ,r- .. , L......:.. , , r--"~'--'. !. --. '1 .~ i4- ~"t J~ "'w v.", g~;.. '".1 .oU : -6.'~ L .,- _.._~t,-:;~:,.- J~ r--" ! - I l: = c-.::...> I <I .1 i-~ .A.,. ~ I' ii, .. .L...L....J ;~ i , =t=~LJ I - i~ ---- ;j ~ ---------- . ~...J --._____. , ~.~ ....; \, '\; ...;, \\ """",,, .... ...:~ " ~". .1-t'f- ~<:,O ~~'\Jt </" ~'tt' ~"f. C /" /" \ ....._,."-,..;.:~---,.,, '<-......---. -'-.... '-", PROPOSED SITE P6AN '-'<<.^ RACECO Agenda Itel1113 Page., 7 PROPOSED BUILDING ELEVATION I ':1 ~ I I , 1',.1 t"" ...... I -~tiff" I t , j ~L !_j ~ 4,,~ I ~l . -or ~';-<;,/.<'::.-" RACECO Agenda Item 13 . Pag~ 8 ZONING HISTORY Map C-6 Mop Not to Scale D CJ o (J 1 06/27/06 Conditional Use Permit church in shoppino center) Granted 07/13/04 Conditional Use Permit church w/ child care) Granted 04/14/92 Conditional Use Permit recreation facility) Granted 01/28/92 Conditional Use Permit binoo) Granted 2 04/22/03 Conditional Use Permit carwash) Granted 3 07/11/98 Conditional Use Permit auto repair) Granted 4 01/27/98 Conditional Use Permit church) Granted 5 02/29/96 Conditional Use Permit communications tower) Granted /,.:,.,.,>...'.,,/......, .. RACECO Agenda Item 13 .. Page 9 DISCLOSURE STATEMENT Itl.. t?:i It) :J I Ii n,~!'& . s i!i~ .~. lit, ~I ~. t.!. ..:0 ! II Ii .III~"! .i '. .1. t!i". 11~1 ~ ~ lei 1151.. ci~ .lf~lst !llil N' ~ii 11 ji.l!siatll illl -.' ~ dit f~! !lfUlfih illli f ii!I,"i. !.i !lilt! I. J.~ljJ !aeit. ;II} !Eitel Illll)ll..-! 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'" c: <i :> .0 'i c E'B <II", :5:: ii :;~ a~ .:..-8 ~~ ~~ ..... !~ .-- i! ...= 51-'" ...~ te. ".c: .Q~ =fig ';is ::;~ N N <Ii '" 4> c: 'ilI " ... ~ "" sf ; <: 1:: ... C. C o 1 8 1\1 .... ~ ,~~ ;;.. it ii i 2"j! ) if ~ I .- c ~ J j~ [ 't ~~ 1 ~J OtS:;: I~i <sf: ,.' , ,..... i'...-."...... RACECO Agenda Item 13 . Page 1 0 = Item #13 Raceco Oil Co., L.L.c. Conditional Use Permit West side of Newtown Road District 2 Kempsville August 9, 2006 REGULAR Joseph Strange: The next application is item 13, Raceco Oil Co., L.L.c. It's an application of Raceco Oil Co., L.L.C. for a Conditional Use Permit for a gas station with a convenience store and car wash on property located on the west side of Newtown Road, approximately 100 feet south of Lake Edward Drive, District 2, Kempsville, with 12 conditions. John Richardson: Good afternoon. Barry Knight: Welcome John. John Richardson: Members of the Commission, my name is John Richardson. I'm a local attorney and I represent the applicant in this matter. We are a bit apologetic, as we come before you, in as much as we didn't have the opportunity to meet with the neighborhood, specifically with the civic league. I spoke with Sandra Fenner yesterday morning, and discussed this application with her. The neighborhood has concerns about it. Our problem why we haven't requested a deferral is that we ask the Commission to vote YEA or NAY on this application today because we have a due diligence period of a contract which expires on September 27th.. If we defer, we will not be able to get to Council, and my client will have to walk away from the project, not knowing if he could build the project. Otherwise he is under risk of breach of contract. I sent an email to Mr. Columbus Hart, who is the previous president of the civic league on July 21st. We didn't hear from him. Mr. Livas was able to reach Ms. Fenner (the new civic league president). She contacted him yesterday. That is where the matter stands, so now on to the application. We worked with Ms. Prochilo, and City staff to bring, what we believe is a very good application on this property to you. This is a site that was approved in 2003 for a large seven bay car wash. We have one car wash on the property, gasoline pumps, and a convenience store. Next to us is a 7-Eleven. My client, through his architect is attempting to put a very attractive building in place. We will screen it and fence any way the neighborhood wants us to do. We didn't want to cut off their access to the 7-Eleven. There appears to be a footpath through the property so if they want that we will do that. Again, we are not trying to play hardball at all with the Commission. We apologize for the posture that we are in. That is where we are today. The conditions that staff has recommended are all acceptable to us. We agree to those, and we will certainly work with them, and the Traffic Department through the site plan process to meet the traffic departments concerns about trips in and out of the property as far as relocation of the Item #13 Raceco Oil Co., L.L.c. Page 2 entrance. Again, we are asking you to vote AYE or NAY. That is not the position we would like to be in but that is where we are. Barry Knight: Thank you. Are there any questions for Mr. Richardson? Mr. Ripley? = Ronald Ripley: We had a lot of discussion about the traffic, getting and out of the site, and the intensity of the use, and how it relates. We approved earlier, a couple of years ago, a laundromat and a car wash. Of course, this is quite an elevated change in the form of convenience and gasoline. We have no way of knowing what makes the site feasible or not, and this site has been there a long time. It is good to see some development action is taking place. It was just a vacant piece, and it certainly needs to develop but the traffic on the road is at a point where it has gotten to be a problem. It is overloaded. With the common lane in the middle of the road that allows you to make a left hand turn heading north into this site, there are some concerns. In our informal meeting we talked about it, and I had some discussion with Traffic Engineering afterwards, one of the ways that might help mitigate the traffic issue is a right in/right out turn with what flexible delineators in the middle of the roads. He (Public Works Engineering representative) felt that made no sense as far as helping to resolve the issue of keeping the traffic flowing through there, and trying to avoid accidents that could possibly happen in and across that road. Getting across the road most of the time during business hours is pretty tricky, and obviously during rush hour it is really, really hard because it starts to back up from Virginia Beach Boulevard back towards this property. I don't know anybody that wouldn't like to have a restriction put on the property like that. What wouJd make the most sense as opposed to a hard median, which you end up having u-turns on? We felt that made the most sense (having right in/right out). So my question is would a right in/right out only be something that you could live with? John Richardson: I would have to ask my client but I would doubt that Mr. Ripley. That would kind of misdirect the whole building. People want convenience for a gas station and a convenience store. They want to pop in and pop out so you would lose all that northbound traffic on Newtown Road. Ronald Ripley: The northbound traffic? John Richardson: Yes sir. On the recommendation in the write up it indicated that the traffic recommendation was a relocation of the turn lane, and that is certainly something we would be happy to do. Certainly, I think your idea is perfectly appropriate for different types of businesses. Ronald Ripley: I'm looking for a solution to make it work. John Richardson: Yes sir. Item # 13 Raceco Oil Co., L.L.C. Page 3 Ronald Ripley: I don't think the answer is just to exasperate the traffic issue but help try to resolve it. I could remember when it was a two-lane road. I used to go to the Board of Realtor Building, which was down on Virginia Beach Boulevard and we would head towards Norfolk. I would come this way because of where I lived. It was a two-lane road. I remember the day it opened up. It worked then because it was the right traffic volume but the volume has grown, and it is continuing to grow. It doesn't work very well now. The idea of modifying the right in/right out only, and based on what he said probably makes the most sense. John Richardson: And certainly, I understand. But it doesn't make economic sense for the business and that is the problem. Ronald Ripley: If we made that recommendation we certainly can argue that at Council. John Richardson: Yes sir. Barry Knight: Mr. Livas has a question Mr. Richardson. John Richardson: Yes sir. = Henry Livas: Ijust wanted to express that I have a lot of the same concerns that Ron has, and particularly on the traffic. I was out there at 3:30 yesterday and that is not quite rush hour, and the traffic was really out there moving quite a bit. So it is quite ~ hard place to get in and out of, and so I have a real concern on the traffic. The other concern is that you haven't met with the civic league, and I fully support the staffs recommendation, and would not approve this since you haven't had the opportunity to meet with the civic league. I can see that is on track now, and it is my understanding you would rather have a negative vote rather than delay it because of the restrictions that you have on the property. John Richardson: Yes. Unfortunately, that is the position that we are in when the contract was signed. The delay is no ones fault but ours in getting our application to staff. They worked on it very diligently. But the contract that we signed in early May cause for that deadline in late September so it is not workable otherwise. So, we would like to have your particular vote, and we certainly understand the position that we put the Commission m. Henry Livas: Ordinarily I would vote to defer it but in the circumstances that you have, I would vote to deny, and hoped that you worked things out with the civic league, and the traffic issue prior going to Council. John Richardson: Yes sir. Our meeting with the civic league is August 24th Mr. Livas. We will certainly meet with them to see if we address their concerns, and also take up the issue Mr. Ripley has raised, especially my client who is an engineer. Maybe that is a workable solution. Item #13 Raceco Oil Co., L.L.c. Page 4 Barry Knight: Are there any other questions? Mr. Waller? John Waller: I want Traffic Engineering to make you do what has to be done to move the traffic out of there. John Richardson: That is what I understood from talking with Planning. John Waller: They (Traffic Engineering) like it and will go with it. I would think they would not go with it (the plan). John Richardson: Yes sir. I think changes will happen during site plan approval process from my understanding. Barry Knight: Are there any other questions? Mr. Crabtree? Eugene Crabtree: If we were to approve it today, the Traffic Engineer is still going to require the traffic be done in a safe manner, and the only issue then that is left for us to decide is whether or not it is feasible to approve it with them not having met with the neighbors, with the homeowners. Your meeting with the homeowners will be prior to this issue going before Council, will it not? = John Richardson: Yes it will - Eugene Crabtree: If we approve it and send it on to Council, he would have met with the homeowners prior to it going to Council for approval. We have approved things like this with before with the stipulation that you have to meet with the homeowners, and get that report to City Council prior to the hearing. So, from that stand point of view, I would be willing to go ahead and push it forward, and approve it. Barry Knight: We still have some other speakers. We will want to hear their view of course. Eugene Crabtree: Okay. John Richardson: That condition is certainly acceptable. Barry Knight: Are there any other questions or comments for Mr. Richardson? Thank you sir. John Richardson: Thank you. Can I leave the board in place? Barry Knight: That is fine. Joseph Strange: Our first speaker in opposition is Sandra Fenner. Item #13 Raceco Oil Co., L.L.c. Page 5 Barry Knight: Welcome ma'am. Sandra Fenner: Good afternoon. Barry Knight: Please identify yourself. Sandra Fenner: My name is Sandra Fenner. I'm in opposition to this service station for a couple of reasons. One, as you have mentioned, traffic density. I live on Lake Edward Drive, and when I come up Newtown Road, sometimes I'm running into traffic making a left on Virginia Beach Boulevard (heading east on Virginia Beach Boulevard in my lane), where I'm suppose to make a left to get on Lake Edward Drive. Traffic is horrible up in that area. The second reason is the abundance of service stations in that area. We have three already within a block of this place where he is planning to build. We recently had two service stations to close down in the area. If these stations are closing down why do we need another service station? Those are my objections. Barry Knight: Thank you. Are there any questions for Ms. Fenner? Thank you ma' am. Sandra Fenner: Thank you. = Joseph Strange: The next speaker speaking in opposition is Mary Pope. Barry Knight: Welcome ma' am. Mary Pope: Hi. My name is Mary Pope, and Sandra Fenner was supposed to be speaking for the group but since I am here, I oppose the turning situation at Newtown. Virginia Beach Boulevard to Baker Road is a nightmare. This is not only during the high traffic times. Anybody who lives in that area or around it knows how ridiculous it can be. That is the only thing to add to what she is saying. So, I oppose this. Barry Knight: Thank you. Are there any questions for Ms. Pope? Thank you ma'am. Dorothy Wood: Ms. Pope would you not object to it if it was right in/right out like Mr. Ripley had mentioned? Mary Pope: I don't see how it could be right in/right out because of the way it is now. There is no right in or right out on Lake Edward Drive. There is no right in/right out right at the 7 -Eleven or the little tiny shop center there, or across the street at the right hand side. There is no right in/right out. Dorothy Wood: Thank you. Barry Knight: Thank you. Mr. Strange. Item #13 Raceco Oil Co., L.L.C. Page 6 Joseph Strange: Those are all the speakers. Barry Knight: Mr. Richardson? John Richardson: I got my work cut out for me on August 24th. We will certainly do the best that we can but I don't have anything further to add. My client, since 1992, (as he sits in the back of the room) owns and operates fi. ve stations. At present, he knows how to operate a successful convenience store and gasoline sales station. He wouldn't be putting dollars in here if he thought he wasn't going to make a go. We think it would be an asset to the community. Again, we will address the traffic concerns with the traffic department. Barry Knight: Thank you. Are there any questions of Mr. Richardson at this time? Thank you. John Richardson: Thank you for your time. Barry Knight: We will open it up for discussion within the Commission. Joe Strange? = Joseph Strange: I'm looking at the proposed generated traffic, and it says that the existing land use would be 880, and the proposed land use would be 2,604. I guess my question is why does it go up? Why does it go up? I think most people come through here is just going in and go out. I don't quite understand how that generates more traffic. I don't think people drive across town to go to a convenience store. Barry Knight: Do you want to ask the traffic enpineer that? Joseph Strange: If somebody could give me an answer. If the traffic engineer can give me an answer, I'll be glad. Barry Knight: Welcome Ric. Please identify yourself. Ric Lowman: Sure. Ric Lowman, I'm with the Department of Public Works, Traffic Engineering. What that number shows, that 2,600 trips per day is how many cars are actually going to enter the site and leave the site. Again, what it does if you want to make it simple and say half are going to be coming from the left and half from the right. What it tells you is that splitting half, 1,300 of those are going to be entering, and hopefully 1,300 will be leaving during the same day. Then, what it says is about 650 people will then turn left into the site from Newtown Road and about 650 people would right into the site from Newtown Road as well. So, that is what we are trying to give you when we show you the trip numbers. New trips on the road will be generated trips stopping into that store. Some of them maybe just passing on their way, going to work or coming home. Some of them may actually be going out of their way to find the Raceco gas station. Item #13 Raceco Oil Co., L.L.C. Page 7 Joseph Strange: Your not saying that it is really going to generate that any extra trips down that road. It is just turning in and coming out. Ric Lowman: Yes. It would be unfair to say that take the number of vehicles on the road and add the 2,600 to it. That would not be a fair statement to make. Some different lane uses are like that, like a shopping center. People go there from their homes, and they go back to their homes. Gas stations and convenience stores are generally pass- by operations. So this is just to give you an indication of how many people are actually going to turn in and turn out of there. Joseph Strange: Thank you very much. Barry Knight: Are there any other questions for Ric? Ronald Ripley: What flexible delineators are we talking about? They would just really be in the vicinity of the curb cut. = Ric Lowman: Yes. Across the median, and that idea was to make it more-safe. What we presented to you that we thought it would be a safety concern. The two way left turn lanes can work in some instances but in this instance with this high traffic generator that is being proposed two way left turn lanes don't really work with those high traffic generators mixes in this background. The Lake Edward residents can tell you that it is probably tougher to get out of their neighborhood anytime of the day beca~se you have to turn left across two lanes that is already over congested. Ronald Ripley: I understand. Barry Knight: Mr. Crabtree has a question. Eugene Crabtree: That can be decided at site review whether or not? Ric Lowman: That is a pretty big issue. Like the attorney said, a gas station and a lot of their business is convenience and left in and left outs. I think that is a pretty big issue to leave to site planning level because it can work. We're just saying that it may not be safe if you allow left ins/left outs. There may be an increase in accidents because of that so that is what I was trying to get across. Ronald Ripley: Isn't that what you have at the Wawa on Shore Drive at Pleasure House? That is essentially what you did there is a right in/right out. You can't really cross over Pleasure House. You have to right in/right out on Shore Drive or right in/right out on Pleasure House? Ric Lowman: Yes. That is kind of a different issue because the people waiting at the light at Pleasure House at Shore Drive to go southbound, they actually block the entrance. Item #13 Raceco Oil Co., L.L.c. Page 8 So people trying to turn in from Pleasure House couldn't get through the line of cars. So, what they would do is stack up there, and as people turned off of Shore Drive, they would have to come to a stop because there is no where for anyone to go. It is grid locked. So that was a safety concern. They are actually going to fix this problem so that is a different story. Barry Knight: Are there any other questions for Traffic Engineering? Thank you. Ric Lowman: Thank you. Barry Knight: We're still in the discussion phase amongst the Commission members. Does the Commission have any other discussion? Ms. Anderson? = Janice Anderson: I'm supportive of the use of the gas station. I think there are other gas stations on this corridor. The use is adequate. As the discussion shown, I think most people stopping by are already on that road, and that road is heavy traffic but it is B-2 property. It is going to be developed as anything else you are still going to have issue getting people in and out. With the gas station, I agree with Joe. I don't think that new people coming, they are just going down the road, so they are going to pop and get gas and pop out. I would be supportive if you work if you go ahead and work to make it the safest to get into this site. I think that is what the traffic engineer has done on the application. I would also be supportive of, and Mr. Richardson has stated that they already had the meeting planned with the neighborhood, and I'm very con!ident that he will address all their issues that they have. Eugene Crabtree: I'll make a motion that we approve the application. Barry Knight: A motion on the floor to approve and a second by John Waller. I'll open it back up for discussion. Mr. Livas. Henry Livas: I still think we should deny, and let him meet with the civic league. At that point, I have all the confidence that Mr. Richardson will address the issues with the civic league. If they agree, they can still get it approved at the City Council level. In this way, we will be supporting what our Planning staff has recommended. Barry Knight: Thank you Mr. Livas. Are there any other comments? Mr. Ripley? Ronald Ripley: I would like for the motion to include that the Traffic engineer have the authority to consider using these delineators we have been discussing as a tool, if in their study and certain opinion that is the appropriate measure to help solve traffic issues on this particular property. So, I would like to see the traffic engineer have direction as a recommendation that he would authorize and consider that technique. Item #13 Raceco Oil Co., L.L.C. Page 9 Barry Knight: Mr. White, would you address that as far as site plan review goes, and do you think that it would carry more weight to enter it as a condition? Stephen White: The condition, as Mr. Ripley has termed it is a little difficult, even to express. I tend to think that whatever needs to be done is going to be done during site plan review. If you want to add a condition that says something to the affect of movement into and out of the site will be determined at site plan review through the Traffic Engineering Office and leave it at that, that would be preferred. We give it the weight it needs at site plan review as well. Eugene Crabtree: I agree with that. Barry Knight: Mr. Ripley? Ronald Ripley: Yes. That is fine. Barry Knight: Tell me that again. Do we need to amend our motion Mr. White? Stephen White: Yes. We need to amend it. = Eugene Crabtree: I agree to amend the motion that I motioned. Barry Knight: Mr. Waller? Eugene Crabtree: Amend the motion to include that the Traffic Engineers during site plan review have the authority to determine the best method for movement in and out of the site. Barry Knight: Is there any other discussion? Okay. Karen Prochilo: Condition #11, does state the proposed relocation of the entrance. Do we reword this one so that it could be according to the Public Works Traffic Engineering requirements or add a new condition? Barry Knight: Ms. Wilson? Is that okay the way the motion has been presented? Kay Wilson: Yes, as long as it doesn't conflict with number #11. Ms. Prochilo? Karen Prochilo: No. It doesn't conflict with number 11. Barry Knight: Thank you Ms. Wilson. There is a motion to approve by Gene Crabtree and a second by John Waller. Is there any further discussion? I'll call for the question. AYE 7 NAY 2 ABSO ABSENT 2 Item # 13 Raceco Oil Co., L.L.C. Page 10 ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE KA TSIAS KNIGHT AYE LIVAS NAY RIPLEY AYE STRANGE NAY WALLER AYE WOOD AYE ABSENT ABSENT Ed Weeden: By a vote of 7-2, the application of Raceco Oil Co., L.L.c. has been approved. John Richardson: Thank you for your time. Barry Knight: Thank you Mr. Richardson. = Map G-13 ~"Le.F' No t 't,:. 5coi.e Harvest Outreach Ministries Inc. AC~"J (f[.o\) AG-1 (ITA,) ~ / - /p /'/" ,/' /"'/ (/,- -.----- ~- ,,-'-' // 0'1} -AG..] {J t:P <::> -~~_.._. Q - .......Ji.I..4J.- o""tl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Harvest Outreach Ministries, Inc. - Conditional Use Permit (church), Indian River Road west of Bridlepath Lane (DISTRICT 7 - PRINCESS ANNE) MEETING DATE: September 26,2006 . Background: Application of Harvest Outreach Ministries, Inc. for a Conditional Use Permit for a church on property located on the north side of Indian River Road, approximately 675 feet west of Bridlepath Lane (GPINs 1483841803; 1483852479). DISTRICT 7 - PRINCESS ANNE . Considerations: The applicant requests a Conditional Use Permit in order to develop a worship center and church campus for its congregation. The proposal is designed to be constructed in four phases with the fourth phase beginning in tel] years. . Phase I is the construction of a 32,000 square foot Education I Family Life Center. This building will serve as an interim worship center with capacity for 700 seats until the sanctuary is built. Once the sanctuary is completed, this building will be used as the Family Wellness center and not for church services. The building will also contain the administrative offices, a large lobby area and classrooms. Additionally, with this phase 286 parking spaces will be provided and a storm water management facility installed. . Phase II is an 11,700 SF addition to the Education I Family Life Center building for additional classrooms. . Phase III is the construction of a 23,000 SF church sanctuary with the ability to provide capacity for 1,500 seats. During this phase 314 parking spaces will be provided. . Phase IV is a 18,000 SF expansion to the church sanctuary to provide an additional 1 ,500 seats. The facility will operate seven days a week. The administrative offices shall be open between the hours of 9:00 AM until 5:00 PM. The number of employees will range from four to eight depending on the growth of the church. Classrooms and multipurpose worship space will be used seven days a week for training, classes Harvest Outreach Ministries, Inc. Page 2 of 3 and youth activities as well as church services. The number of attendees will vary with the activities. The proposed building elevations are contemporary in design with a neutral palette of material colors. The use of the rougher textured split face block walls is offset by smooth horizontal accent banding located between the first floor ceiling line and second floor. A second metal accent band is located along the metal fascia just below the standing seam metal roof. Metal panel ribs punctuating through the roof and the walls of the semi-circular lobby entrance defines each entrance door into the main lobby space. Smooth metal wall panels are also incorporated into the design to complement the split face block. A blue glass tint was selected to accentuate the windows and entrance. In sum, the church, with the phasing of development as proposed, meets the Transition Area guidelines for non-residential uses. There was opposition to the request at the Planning Commission hearing. Upon considering the opposition's concerns and after discussion with the applicant, the commission approved the request, but only for Phases One and Two. . Recommendations: The Planning Commission passed a motion by a recorded vote of 6-3 to approve this request for the first two phases only and with the following conditions: 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Harvest Outreach Ministries, Virginia Beach Virginia "prepared by Ivy Architectural Innovations, except t,at only Phases One and Two are granted approval at this time. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The building shall be constructed substantially in accordance with the submitted elevations entitled "Harvest Outreach Ministries, Virginia Beach Virginia" prepared by Ivy Architectural Innovations. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The applicant shall maintain a minimum of 50 percent open space on the site. 4. The applicant shall maintain a minimum of 100 feet of landscaped buffering from Indian River Road. No parking is allowed in the buffered area. 5. The applicant shall submit a photometric plan for review and approval by the Virginia Beach Planning Department. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or Harvest Outreach Ministries, Inc. Page 3 of 3 glare towards adjacent uses and city streets. Lighting should be directed down at the ground and not horizontally or up in the air. 6. The applicant shall install a 25 foot landscape buffer along all property lines. The buffer shall be planted with a mixture of deciduous and evergreen shrubs and trees. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department~U CityManager:~~ \L.. .~~ HARVEST OUTREACH MINISTRIES, INC. Agenda Item 18 August 9, 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for a church. ADDRESS I DESCRIPTION: Property located on the north side of Indian River Road, 675 feet west of Bridle path Lane.. GPIN: 14838418030000 14838524790000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 69,660 square feet 719,310 square feet Total - 788,970 square feet ( 18.1 acres) SUMMARY OF REQUEST The applicant requests a Conditional Use Permit in order to develop a worship center and church campus for its congregation. The propose I is designed to be constructed in four phases with the fourth phase beginning in ten years. · Phase I is the construction of a 32,000 square foot Education / Family Life Center. This building will serve as an interim worship center with capacity for 700 seats until the sanctuary is built. Once the sanctuary is completed this building will be used as the Family Wellness center and not for church services. The building will also contain the administrative offices, a large lobby area and classrooms. Additionally, with this phase 286 parking spaces will be provided and a storm water management facility installed. · Phase II is an 11,700 SF addition to the Education / Family Life Center building for additional classrooms. · Phase III is the construction of a 23,000 SF church sanctuary with the ability to provide capacity for 1,500 seats. During this phase 314 parking spaces will be provided. · Phase IV is a 18,000 SF expansion to the church sanctuary to provide an additional 1 ,500 seats. HARVEST OUTREACH MIN1STR1ES,INC. Agenda Iterm18 'e~g~1. The facility will operate seven days a week. The administrative offices shall be open between the hours of 9:00 AM until 5:00 PM. The number of employees will be range from four to eight depending on the growth of the church. Classrooms and multipurpose worship space will be used seven days a week for training, classes and youth activities as well as church services. The number of attendees will vary with the activities. LAND USE AND ZONING INFORMATION EXISTING lAND USE: Undeveloped rural site East: . Rural residential and cultivated farm fields / AG-1 & AG-2 Agricultural Districts . Across Indian River Road is rural residential / AG-2 Agricultural District . Rural residential and cultivated farm fields / AG-1 & AG-2 Agricultural Districts . Rural residential and cultivated farm fields / AG-1 & AG-2 Agricultural Districts SURROUNDING lAND USE AND ZONING: North: South: West: NATURAL RESOURCE AND CULTURAL FEATURES: A significant portion of the site is treed. There are no cultural features associated with this site. AICUZ: The majority of the site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana and NALF Fentress. A very small portion of the property in the northwest corner is in the Greater Than 75 dB Ldn. The Navy's Air Installation Compatible Use Zones Program considers the proposed uses conditionally compatible with airfield operations. It is noted that this facility will be located in the Interfacility Traffic Area and the potential for tactical jet aircraft over flight exists. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road in the vicinity of this application is considered a two lane undivided minor suburban arterial. The Master Transportation Plan (MTP) designates this facility within the current Princess Anne / Transition Area and further classifies it as a Princess Anne Area Buffered Roadway within a 110 foot right -of -way. Indian River Road East is included within the Capital Improvement Program (CIP) on the "requested but not funded" project listing. This CIP project is for the reconstruction of a two lane undivided roadway from West Neck Road to North Landing Road on a new alignment. This road is to include landscaping, aesthetic enhancements, multi-purpose paths and bike lanes. >" "". -:'::::',' HARVEST OUTREACH MIt\}lSTRIES,lNC. Agenda.ltetjJ18 gClg~.2 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Indian River 5,667 ADT ' 13,600 ADT (Level of Existing Land Use"'- Road Service "C") 180 ADT 15,000 ADT 1 (Level of Proposed Land Use 3 - Service "D" Capacity) 783 ADT weekdays 4,590 ADT Sundays 1 Average Dally Tnps 2 as defined by agricultural zoning 3 as defined by church The Applicant provided a Traffic Impact Assessment (TIA) for review. Public WorkslTraffic Engineering agrees with the recommendations presented in the TIA. All roadway improvements presented in the TIA must be incorporated into the plans during site plan submission. Currently, the applicant has depicted a 120 foot wide right-of-way for the future Indian River Road on the conceptual site layout. WATER: City water does not front this site. City water is not available. Health Department approval is required for private wells. SEWER: City sanitary sewer does not front this site. City sanitary sewer is not available. Health Department approval is required for septic systems. Private grinder pumps and force main may be an option. However, site is not within an existing pump station service area. Provide pump station analysis for potential receiving pump station. STORMWATER MANAGEMENT: At the time of site plan review, provide water quality, quantity, drainage analysis, and a master drainage plan for full development. SCHOOLS: Not applicable. AGRICULTURAL DEPARTMENT: The property lies within the Southern Watershed Management area and is to adhere to the Southern Watershed Management Ordinance. Prior to undertaking any land-disturbing activity, a Southern Watersheds Management Plan is to be submitted. A Virginia Scenic Waterway is close to the property; insure care when designing drainage discharge. FIRE DEPARTMENT: The submitted site plan appears to lack adequate Fire Department access. The travel distance to the closest fire hydrant appears to exceed 400 feet. Both of these items need to be addressed prior to submittal of the site plan to Development Services Center for review. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request for a Conditional Use Permit for a church and associated ancillary uses with conditions provided below. HARVEST OUTREACH MltNl:STRIES,INC. IXgenda I tern 18 . 'R~~9~:3 Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the Transition Area / Princess Anne. The land use planning policies and principles focus strongly on promoting this area as a well-planned, low density, fiscally sound and desirable destination for people to live, work, and play. "Development in the Transition Area is not to be considered as a continuation of the higher density growth as experienced in the northern urban area, but as a more limited type of growth, with its own development standards suitable to the character of the area where greater integration of natural resources and more open space is planned," (p. 147). Evaluation: Since the deferral of this application in July, the applicant revised the site plan to provide a minimum of 50 percent open space, which is a major guideline for development in the Transition Area. The site plan depicts 58 percent passive open space on the site when the final phase is completed. Parking areas are not included as part of the open space. Currently, the site plan depicts a 120 foot wide right-of-way for the future Indian River Road on the conceptual site layout. The proposed building elevations are contemporary in design with a neutral palette of material colors. The use of the rougher textured split face block walls is offset by smooth horizontal accent banding located between the first floor ceiling line and second floor. A second metal accent band is located along the metal fascia just below the standing seam metal roof. Metal panel ribs punctuating through the roof and the walls of the semi-circular lobby entrance defines each entrance door into the main lobby space. Smooth metal wall panels are also incorporated into the design to complement the split face block. A blue glass tint was selected to accentuate the windows and entrance. In sum, the church, with the phasing of development as proposed, meets the Transition Area guidelines for non-residential uses, and is, therefore, recommended for approval with the conditions below. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Harvest Outreach Ministries, Virginia Beach Virginia "prepared by Ivy Architectural Innovations. Said plan has been exhibited to the Virginia Beach City council and is on file in the Virginia Beach Planning Department. 2. The building shall be constructed substantially in accordance with the submitted elevations entitled "Harvest Outreach Ministries, Virginia Beach Virginia" prepared by Ivy Architectural Innovations. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The applicant shall maintain a minimum of 50 percent open space on the site. 4. The applicant shall maintain a minimum of 100 feet of landscaped buffering from Indian River Road. No parking is allowed in the buffered area. 5. The applicant shall submit a photometric plan for review and approval by the Virginia Beach Planning Department. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and city streets. Lighting should be directeddqw:natth~< HARVEST OUTREACH MIfS}ISTRIES,lNC. Agenda Ite~18 eCi9~4 ground and not horizontally or up in the air. 6. The applicant shall install a 25 foot landscape buffer along all property lines. The buffer shall be planted with a mixture of deciduous and evergreen shrubs and trees. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. HARVEST OUTREACH MIt.\J1STRIES,YJf\jC. Agenda Itei;flt8 RBg~!? AERIAL OF SITE LOCATION .~ '-"A HARVEST OUTREACH MINISTRIES,I~C. Agenda Ite~F18 8~g~6 \ ~ $~ ;j~i ~CQ"" : !ni ~ ~li' c: .u i I~: iii .~ ix . ~j I PROPOSED SITE PLAN (Phases 1 & 2) ". 5;! $!l !:i. 1 5~. N (II HJI s: .t. Ik I i ~ ~ I ! I I I i I Zi o E o o < CJ) :E. 01 0' IX: CIJ 5 (,) o z < IX: ~ W (,) W l1.1 ::I' >, =: :E: iti Zl 01 ~i 01 :>1 0' w! , i C\I' "'" _i W! 0: <' :t' ~] en: !!II ~I 2:1 :E! :tICll 0- c i'5ia l:i~ :>i,J;; 0'0 ,Cll ...,G> (hllXl WI.!2 ~ii ~15 I :"<,,: , . -- ... HARVEST OUTREACH MINlSTRIES'f~J~C. Agenda It~rmi18 e~9~>0l \ PROPOSED SITE PLAN (Phases 3 & 4) I ~~ ~2 ~i I!H I !!5~ B.i .., tU ~lii2 ul'u [ill ~ ~ z, 0' (j): z' <( Q.; liS: 0' z, <(, )-, a:: <> ::>: ...' 0' ~! . ' "It, ~, CQ w. ~: ----- ~ I . , cn. Wi a: ... CI.l' Z, :E! X!CIl ~ r...E wi!? ~~ 5t'5 L- ,.'.lB r"1XI CI.lias ~I:S ~Lg' x> HARVEST OUTREACH MlrN1STRIES,1t-JC. A~enda Its&:i,18 "~,~g~8 ~i 2". ~..~ ~r 111 W it: ... .., Z ~ :z: u <( 10I It l- ::l o !- 111 W > !t: <( ::c PROPOSED BUILDING ELEVAJION. HARVEST OUTREACH MINISTRIES, INC. Agendalterijt8 eag~ 9 Map G-13 ~~op Net t,:; Sc.Z)le Harvest Outreach Ministries Inc. o ' ._ t I, .A 1 ~f'f ...~ A4-1 (ltrv ! I, AG-I (IT t\) AC-l ({TA) / .-' / .' ~ / / /' / "' I ,"" / ../"",/ J?--------1 ..,..-""'- ; o~'U t. I' Cj" l' !': H o- Il_ n a~ cuP. Church 1 2 3 4 02/10/04 08/27/91 08/27/86 06/09/80 Conditional Use Permit (Commercial Kennel) Conditional Use Permit (Church) Rezoning from B-2 to AG-1/AG-2 Rezoning from AG-1 to B-2 Granted Granted Den ied Granted ZONING HISTORY HARVEST OUTREACH MIN1STHIES,INC. A~enda It~n'lt8 P9g~,~,O DISCLOSURE STATEMENT -o~ 'V-a ~E .1- e 'Q..... <Ii ~h; i~;; ~.3 e:6_ I .".., =_ 0 .5 j!.Q15 0 > ~.<l.=:go ~ III E.!l 00_ :::Sii=UJ~ -: ~ ..e:s= :ili~ B {t) &.- LI.l j"Ol ~,; ~'!~I t~ 5f~ Cs~!~ "'oS! J::~'" "O'CG,J: S I- l:tl.-"C ~ 8.~ Q(f) Q-G--c CD '-0 , g) i..2= 0 1i ::> ~ gO" ~~~,ii s! E = ~~! ll>BC>;S .. 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",,.. 1'5 1S ~~i~l~ !'5 0 ~s fCC Co> ~c 15 g l!!:t:: ..0 !~ ~~g.i~~ ~~ -'" I~" o::~ai:;~ tv";":' ~.~ (1)"-"; f.!!.~ :: s:: .. ~3 ~~~ ~ ~B o~ ., i_ c: i:'o "5 "'- re to ~"=8"C:~ "'.- s .l:1S. L~ ~ J::o. -0. 8.'i 0 (;j g., I~'i o.t....g:su 1'" 0- 02 =.. ~~$ I;~ -e ~ 3 ."..::: ...- <:: .!I'<; - :~ .E i :!€ I !~ ~ ~"'m fI) :l:6 8 - ~ Cli:' a; =8 ~3: I-=~ ~ o8.~ !:"i ~.s :! ~~I ~ 5 ~i:'~~~ l~~ _C ~ 1 0'" ., .QU) ..c:c l~ U) I .r:;~ " 5o~ 'a g U~ ~ ;~o.!i != a ~.! t: 15 e e-- - 1"'''''1 ,,!O Iii ~~j t5~ -ao.8:lD!l l~i! E~.5::J-= Co , ('oj 0 8=3~ iN I 0 HARVEST OUTREACH MINISTRIES,t(NC. Agenda Item.18 ..PCl.g~J...1 Item #18 Harvest Outreach Ministries, Inc. Conditional Use Permit North side of Indian River Road District 7 Princess Anne August 9,2006 REGULAR Joseph Strange: The next item is item 18, Harvest Outreach Ministries, Inc. An application of Harvest Outreach Ministries, Inc. for a Conditional Use Permit for a church on property located on the north side of Indian River Road, approximately 675 feet west of Bridlepath Lane, District 7, Princess Anne, with six conditions. Barry Knight: Welcome sir. Richard Ivy: I'm Richard Ivy. I'm an architect here in Virginia Beach. I represent the Harvest Outreach church, which has 18.1 acres off Indian River Road. They are proposing, in four phases, to build a church facility on the site. We have met with Planning and looked at the conditions on the property as they put them in. Weare very = comfortable with those. We have done a lot of rearranging on this over time. The church has met with individuals around the property to discuss it, and found no major objections to anything that we are doing. One of the key issues that was brought up by Planning had to do with what the building will look like. As a result, through negotiations with Planning and meeting with the church, we have decided that the entire project will be done in more natural colors, blending. I have a color-board here that outlines both the masonry products to be used, metal products, and the glass. Richard Ivy: What you're looking at right now is Phase I, which is actually a Family Life Center that the church will use in the interim time period as a sanctuary. The round radial unit is their primary lobby coming in. It is about 4,000 square feet. To the left, you have the office spaces. To the back, you then have a few more classrooms and a combination gymnasium/stage area that they will use for the interim worship center. Phase n, we will be adding additional classrooms in the same location. This building is closest to Indian River Road. On the property, as we were doing research, we found there is a proposed road through the middle of the property. We have looked in several locations and it's the potential putting it in for future use on another property and not something that necessarily within the City's desire at this point, or even in the future to put in. But we have allowed for it. The sanctuary will be put in the backside of the property, which is in two phases. A 1,500 seat initial phase, and an additional 1,500 to 1,600 additional seats add on. There is enough parking on the site to cover the requirements, and we are keeping 50 percent of the land open, meeting and exceeding the required 50 percent for this particular area. In the open area, we will maintain as many of the existing trees as Item #18 Harvest Outreach Ministries, Inc. Page 2 possible. Clearing land and planting a tree is not the same as the ones there. So we are trying to keep as much as we can of the property as it is. Thank you. Barry Knight: Are there any questions of Mr. Ivy? Ms. Wood. Dorothy Wood: Ijust had a concern Mr. Ivy. Not being an architect, I'm certainly not telling you or suggesting anything, but I was wondering why the windows were so different from the front. You got two, two, three and then a big blank space then three, then the one above it three, and then bigger windows. To me, it looks like you found a sale on windows and just mixed different sizes. Richard Ivy: Not really. Dorothy Wood: I'm sorry. = Richard Ivy: The way that the floor plan is laid out on that particular slide, there is an area in which windows aren't required or wanted. So that is why they are stopped that way down on the first floor. For the upstairs area, the idea is to open that space up as much as possible to bring as much light in as possible. But on the lower levels, we are trying to allow the light in but limit the potential for vandalism, break-ins, and everything else; so, that is what were coming from. Barry Knight: Mr. Henley has a question. Al Henley: Yes sir. Have you had an opportunity to meet with the adjoining property owners? Richard Ivy: The church has done so. At this point, we have heard no major objections to what's going on. Barry Knight: Mr. Ivy, we have a letter here from Mr. Greg Lonergan, who was in the informal session, and said he couldn't make here this afternoon, and he states in his letter that he is directly to the west of you and has not been contacted. He got, of course, a certified letter. He was aware of the public hearing, but he states in his letter that he wasn't personally notified by the church, but he has a few concerns in here, and I will read his concerns. He was talking about the flooding situation. His says that his house is kind of on a crown and you are a little downhill. There is a lot of flooding in that particular area. He has concerns about traffic, and most for churches, traffic doesn't concern us quite as bad, because their peak load isn't generally on the road. He raises an issue that it's a peak load on Indian River Road on Sunday morning because a lot of folks are going to Sandbridge. He also raises a concern about some pedestrians in that area of Indian River Road being so narrow. If new Indian River Road would be put in there, the property would be split. I'm just going to share some concerns that he had. Item #18 Harvest Outreach Ministries, Inc. Page 3 Richard Ivy: Would you like me to address them sir? Barry Knight: If you would come up here and get this sir. When you come back for your rebuttal, at a later time you can. You don't have to worry about it now. There is another speaker in opposition. Maybe you can address some of them. Richard Ivy: Thank you. Barry Knight: Are there any questions for Mr. Ivy? Mr. Ripley? Ronald Ripley: When I looked at your plan, it is a huge church. A big church. Richard Ivy: True. Ronald Ripley: If I'm counting this correctly, there are 3,700 seats. Did I double count? Richard Ivy: 3,200. I believe. Ronald Ripley: 700 seats in the severity (inaudible). = Richard Ivy: Excuse me. There are 700 seats that are in the initial phase that will be taken out. They will not be used anymore. That becomes the Family Life Center. So we are only dealing with Phases ill and IV as the sanctuary. Ronald Ripley: So you got 3,000 seats? Richard Ivy: Yes sir. Ronald Ripley: Have you owned the property for some time? Richard Ivy: The church bought the property, I believe, 15 months ago. Ronald Ripley: Fifteen months ago? Richard Ivy: Yes sir. Ronald Ripley: So you bought it, did you buy it before the issue with BRAC and JLUS studies that went on with regard to Oceana? Richard Ivy: I'm not familiar with what the time frame would be sir. Ronald Ripley: Because that is inside the time frame that we dealt with BRAC and JLUS study that occurred. Item #18 Harvest Outreach Ministries, Inc. Page 4 Richard Ivy: Correct. Ronald Ripley: This property is located right in the Interfacility Traffic Area between Oceana and Fentress. It is the Interfacility Traffic area deemed by the new AICUZ and JLUS studies. Richard Ivy: I have not seen those. Ronald Ripley: Have you considered downsizing this congregation at all? Richard Ivy: I don't think churches downsize. They are presently between 500 and 600, and the goal is for 3,000. = Ronald Ripley: The reason why I am having an issue with this size, and I'm having an issue with your relationship to its location, and I would think City Council would want to discuss this when it gets to them, because we have all been through just a huge issue with the Navy. I understand that the Navy hasn't even commented on it, which I'm really dumbfounded, but I'm being told that it is a compatible use within the Department of Defense. I'm not sure that the Department of Defense envisioned 3,000 seat sanctuaries. A smaller church located in this area, just like having one house per 15 acres, is an acceptable planning tool now. But 3,000 seats and a Family Life Center, and all the things you got planned here is just a very large facility to be located right in the middle of the controversy we've just come through. We're not out of it yet. They are still working through whether Oceana stays or it goes. We'll know in a few months about that. I asked that in that context of my question, which is, and I know you can't speak for the business terms of the church because you design the facility. I understand that. But that is a problem that I'm having with it. So, I just want to ask you if the size of the church is to just simply to accommodate a congregation you have in place now or something you anticipate or what? Richard Ivy: About 60 percent of my work is church work. Most churches build for what they have for the small amount of growth, and they master plan it to where they believe they are supposed to be. At this particular case, the pastor's vision is for a church of about 3,000, and in addition to that, we will be building other sanctuaries in other locations so the church can continue to grow. If 3,000 is his vision, that is what we have designed. And we've designed it in phases that are apparently financially within the ability of the church to be able to build those. The timeframe is something that I, or the church, are really in control of, but they feel that is where they need to be going. It takes 18-acres to support what they believe they have to do. So this is the way it has been designed. It may go down there, build their first phase, and never go beyond that, but I don't know that. But I always tell a church that you want to master plan it for what your vision is so you don't make it look like additions as you go through. Ronald Ripley: I think that is good advice. Item #18 Harvest Outreach Ministries, Inc. Page 5 Richard Ivy: We're just at a point right now to say that is where the church believes they need to go. We had talked to Planning, and again, the Navy had not been brought into the issue because it was a compatible use. Ronald Ripley: Well, once again, I have no problem with what you designed. I have no problem with churches growing to be as large as they can be. I think it's wonderful. I'm a church going person myself, and I'm very much involved with finances with churches and things like that. I understand that. I have complete respect for that. What I'm having a problem with is the location of this church here, and the size of the church in its particular location. This Interfacility Area is where it all started. The Navy came and said, right where you're standing with an application right off Indian River Road, and they talked about the sounds of jets being as loud as ten rock concerts, and all the different parallels that they brought up about how incompatible this particular residential application was because of its location. Here we are, right at the same location with a huge church that is not just going to operate on Sundays. It's not. Richard Ivy: No. = Ronald Ripley: No. A church this size is to operate all week long. It needs to have activities going on all week long. It needs to do that in order to really be a viable church. It just can't be there on Sunday and leave. Richard Ivy: I believe that when we were asked by the Planning, we provi~ed the numbers that we saw through the week. And, there are not Wednesday night services as such that most churches would do. On site, other than Sunday, you're looking at something in the neighborhood of 200 or so. At anyone day, you're right. There.is going to be activity there everyday, and of traffic study was very questionable. What are your days going to be? It was primarily a Saturday and a Sunday that we were looking at for the traffic, for that same reason. Ronald Ripley: I'm sorry to have to have this discussion with you, because I really do support the church. Richard Ivy: I understand. Ronald Ripley: I support any church that wants to grow. I think it is wonderful. I'mjust having a problem with its location and the size. I guess I don't know how the vote will happen here or what the recommendation will be, but on the record, I want City Council to understand, at least, what I think about it, and I think the opportunity for the church to look at this particular location on what they planned here. Maybe they would think in the terms of something not as large. Maybe there is some mitigation there. Anyway. Thanks. That is my opinion. Item #18 Harvest Outreach Ministries, Inc. Page 6 Barry Knight: Mr. White. Could you address us to the Navy's comments on this application? Stephen White: Yes sir. I just want to make sure that everyone is clear. I heard Mr. Ripley make a comment that the Navy had not had the opportunity to review this application. The application has been routed to the Navy. We route all the applications to the Navy. The Navy has provided us comments. They made the same notation that is in the Zoning Ordinance. This is a conditionally compatible use with sound attenuation. And the only thing they wanted us to notify the church regarding was there was going to be over flight of this area with high performance jet aircraft, and therefore, the need for sound attenuation. The Navy doesn't view this as being in their main flight corridor between Ocean a and Fentress. I just wanted to make sure that everyone was clear on that fact. Barry Knight: Thank you Mr. White. Mr. Ivy? Ms. Wood has some questions. Dorothy Wood: Mr. Ivy, do you have a rendering of the second phase or how this all ties together? Is this more than one phase in this big building? = Richard Ivy: That is Phase I. Right there. Phase IT would be wrapping classrooms around the back. Phases III and IV are done in glass. We have a form, which you see in the plan, which we know will seat the number of seats, but the design of it has not been done. Planning, I believe in one of the proffers, says we have to maintain whateyer materials we start here all through the project. Dorothy Wood: Normally, we would like to see them before we approve them. I think. Don't we? Richard Ivy: We have them laid out but we did not design them completely. Dorothy Wood: Thank you. Barry Knight: Mr. Henley has a question. Al Henley: Yes sir. I understand you're in the long stages of design at this particular point. I was wondering have you or any members of the church had the opportunity to sit down with the Health Department and discuss the septic issues? Richard Ivy: Yes sir. We have. Sewer is going to be run over 3,000 feet by a grinder pump to get into systems that you already have. Water will be taken care of on site. Sprinkler water will be taken care of on site through a BMP process that we are going to be taking care of here. Yes. Utilities have been a very big concern. Item #18 Harvest Outreach Ministries, Inc. Page 7 Al Henley: Great. So have all the expenses as well. It will be a large BMP to offset the impervious area through some type of pump system that will generate a sprinkler system? Richard Ivy: That is correct. Al Henley: Okay. Thank you. Barry Knight: Mr. Crabtree. = Eugene Crabtree: I agree with Mr. Ripley and simply what the other gentleman had said. But I just wanted to go on record to say that a project this big and this humungous that is going to grow in the future, churches have become, in essence, as well as religious means, big business. When they become big business, and have 3,000 members in a small rural road as this is being on, I think we have to treat them as big business. We would do them just the same as if this was Home Depot going out there and building a big building, just as an example. So, I think we have to consider it the same way as any other big business. I'm a little reluctant to put a big business out there under the current circumstances with the road, the traffic, etc., even though I believe that what you're doing, and what your church is doing is outstanding. I don't know at this time and in the particular time in the future of progress if this is the thing to do at this time. I'm tom at this time as to which way to go about this. I just wanted to say that for the record. Barry Knight: Thank you Mr. Crabtree: Are there any other questions for..Mr. Ivy? Thank you sir. Joseph Strange: Speaking in opposition we have Charlie Bowdoin. Barry Knight: We1come Charlie. Charlie Bowdoin: Welcome. Thank you. My name is Charlie Bowdoin. I live on the old Brenneman family farm, which is the adjacent property owner to this project. The family has not officially spoken with the group. They were contacted about the turn lane, which is supposed to be pretty much along the Brenneman farm on the north side of Indian River Road. One of the things, and if you show the slide that shows the future Indian River Road alignment, I can give you a little better.. . okay. If the Brenneman family's rezoning application was to continue through, and they had one, but it has been deferred for about two years now, if that ever gets approved and goes through, when you do the realignment of Indian River Road, when that goes on across this area here, from the plans that the Brenneman's have had submitted, to be a retention pondlstormwater runoff, and the issue of the turn lanes, probably would be addressed with that. But, as of now, they haven't been contacted about any of this. I spoke with Mr. Callahan about it, and I explained to him that the family is still under contract with the developer for the farm. I don't think that they are willing to negotiate too much with them. In the future, if that road alignment was acquired by the Brennemans, or whoever may buy their property, Item #18 Harvest Outreach Ministries, Inc. Page 8 the turn lane issue would go away. Another problem that I have with it is when the airplanes fly over the farm, and I live on the farm, and I've been there for about 30 years, when they cross our farm now, they pretty much cross their property and "X" right where the new alignment of Indian River Road would be. Another issue with me is the largeness of this rezoning application, and some of the other condition that are in with the 3,000 feet of sewer line going down Indian River Road. That is a real narrow road, and I think if it does go there, the width of the road should be repaved. But as of now, my thought of a church is a small church with a steeple, and very few people. This is more like, which was mentioned already, pretty much a business deal. But, the family hasn't been contacted about this. I don't think anyone in the family would object to a church. I don't object to a church. But my concept of a church is much different than this. I think you're heading in the right direction to look at it as a business situation. Barry Knight: Mr. Bowdoin? As you know, I'm very familiar with your farm that you live on. How many acres are on that farm, your total end and cultivation? = Charlie Bowdoin: Under cultivation is almost 200 acres, 198 acres that the Brenneman Family Partnership owns there. They also own, on the south side, approximately 50 acres. It may be possible if we're not able to develop the property under what we submitted our plans for, there may be some possibility the family might want to sell some of it to this group. I can't speak for that. That would be just my opinion. If we can't develop it, they probably want some more income some kind of way. Barry Knight: Mr. Bowdoin. I know that the Brenneman family farm has been farmed for many, many, many years. As Mr. Ripley was speaking about, with the JLUS and the BRAC situatio'l, your land may not be developed as fast as you once hoped it would be developed. So, I don't know which way the Commission is going to go, but I would certainly recommend to the Commission that the church recognize that you have an ongoing agricultural operation there, and may have it for years to come. So, I'm sure that someone will recognize, if it is recommended for approval or even denial, it will be noted that the agriculture disclosure clause would maybe put on the site plan. And that does note that owners be aware of the sounds, smells and practices of agriculture, so they can't come in after and complain about the farmer operating the land as AG-I. So, I'll just bring that up to kind of alleviate some of those fears for the family if it continues in agriculture. Are there any other questions for Mr. Bowdoin? Charlie, I've known you too long. Thank you Charlie. Charlie Bowdoin: I would like to encourage the church group to go out there and spend some time in that area when these planes are flying over, and they will get a little different perception of the noise they are going to have to deal with. I've been dealing with it for 30 years, and you don't get used to it very easily. Thank you very much.e Barry Knight: Thank you. Item #18 Harvest Outreach Ministries, Inc. Page 9 Joseph Strange: Those are all of our speakers. Barry Knight: Mr. Ivy? Richard Ivy: Richard Ivy. Ijust spoke to the Pastor. They had met with Mr. Bowdoin, his wife for a couple of hours on an informal basis discussing what was going on. They also met with Mr. Lonergan. Barry Knight: You did? Richard Ivy: We discussed with him and there were no comments at that point. Responding to his letter, we're very much aware of what the water does on the site. We've done the survey, so we know we have to take care of it. We're much aware of the road problems, and working with Planning, that road will be widened, turn lanes will be put in place, and the drainage ditches will be taken care of. I'm very much aware of the ditch. I almost lost a son in one of those ditches. This is a major concern to me personally but also to the church, as they don't want to have a lot of problems in that area. As far as the size is concern, I don't know how to respond to you. I mean, the church wants to grow. = Barry Knight: Mr. Ivy. We had a fairly similar situation of a large church on a rural road, and I believe they came in for five phases. What we did with those is, I believe, was to ask them to consider us only approving the first three phases. We could w~tch them grow. Watch traffic concerns. Watch the neighbor concerns, and go from there. I'll just throw this out to you that you can keep your application exactly like it is, and go forward, or you can maybe possibly consider only asking for the first three phases, which wouldn't have quite a large impact. You understand that you don't have a master plan and you're kind of taking your chances. Richard Ivy: I'm coming back for Phase IV is what you're saying? Barry Knight: Yes sir. That is just something that I will throw out, and that's me talking, and not rest of the Commission. But we have done that. Richard Ivy: I'll look over my shoulder to make sure what my answer is going to be. Barry Knight: I'll open it back up for questions to Mr. Ivy. Richard Ivy: I must make a correction. I misunderstood. They didn't meet with Mr. Lonergan. If you offer three phases, they said they would go that way. That would alleviate the 3,000 and bring it down to 1,500. Barry Knight: I'll open it back up for discussion. Are there any more questions for Mr. Ivy? Thank you sir. Item #18 Harvest Outreach Ministries, Inc. Page 12 going to pass it. My personal feelings, I agree with Mr. Henley and Mr. Ripley at this point. Barry Knight: We still have a motion on the floor. Janice Anderson: I would make a substitute motion. Barry Knight: There is a substitute motion for only the first two phases. I have the first. Do I have a second on the substitute motion? Dorothy Wood: Can I make it? Barry Knight: Dot Wood has a motion on the floor. She made the motion but Ms. Anderson has made a substitute motion. Ms. Wood would like to know if she could second? Stephen White: Mr. Chairman? Ms. Wood? Barry Knight: Dr. White. = Stephen White: It has come to my attention that the applicant would like to address you relevant to the whether or not they can accept just the first two phases, if you want to hear what their opinion is on that? It is totally up to you. Dorothy Wood: I'll sponsor them. Barry Knight: Come back. Mr. Ivy, please identify yourself again. Richard Ivy: Richard Ivy. I've met with the leadership of the church. They are very recognizant of what's happening with the Navy, and decided that accepting the first two phases would be in their best interest at this point. They are more than willing to come back for Phases III and IV, when they grow to that size. Barry Knight: Thank you sir. Richard Ivy: Thank you. Barry Knight: So that aligns with the motion of Ms. Anderson and second by Ms. Wood. Is there any other discussion on this matter? The motion on the floor is for the first two phases only. The first was made by Jan Anderson and seconded by Dot Wood. That is the substitute motion. We'll call for the question. AYE 6 NAY 3 ABSO ABSENT 2 Item #18 Harvest Outreach Ministries, Inc. Page 13 ANDERSON BERNAS CRABTREE HENLEY KA TSIAS KNIGHT LIV AS RIPLEY STRANGE WALLER WOOD AYE ABSENT NAY NAY ABSENT AYE AYE NAY AYE AYE AYE Ed Weeden: By a vote of 6-3, the substitute motion of the first two phases for Harvest Outreach Ministries has been approved. Barry Knight: Thank you. Mr. Secretary. Is there any other business? Joseph Strange: No other business. = Barry Knight: The meeting is adjourned. ~~ffg~ 3313 North Landing R4. Virginia Beach, Virginia 23456 Ph.427-6178 Cell 407-0560 Karen M. Prochilo Municipal Center- Bldg.2 2405 Courthouse Drive Virginia Beach Virginia 23456-9040 ""~~J f'.. 0' , :..t~-"I"...,,- I. :'.'J ;~~;> ",~""",,),,!; AUG 0 1 2006 ":)Li\NNlNG DEPARTMEN" Re: Harvest Outreach Looking at the proposed plans for this project I would like to share a few of my concerns. Turn Lanes should be required as per the Traffic study. I would like to see that a "Recordable" agreement from the adjoining property owners, these lanes will be placed = on. is in hand before any permits of any kind are issued for this project. A forced sewer line is proposed to run East in the Right-of-way of Indian River Rd. This is a very narrow road with no shoulders; a large drainage ditch is on the North side which collects a large number of vehicles that run off the pavement. I would think the entire roadway should be repaved after the forced sewer line is installed. I think the parking lot and other outside lighting should be very subdued so as not to interfere with the rural setting. I would also recommend a wider than 25 foot natural buffer on the East boundary adjoining the Brenneman property. This would help block farm chemicals and dust from drifting onto the Church property. This would also be more amenable for future residential development. Storm water run-off should be looked at as if this were a two parcel project due to the future re-alignment of Indian River Rd. which would physically divide the parcel. Does the applicant need drainage easements for storm water run-off that flows to the east along Indian River Rd. I think this entire ditch lies within the boundaries of the Brenneman Family Ltd. Partnership property. Thank You. .Jly 1:.1 /.)uIfPJf~' . [,r J-fJ" d kJ av~ I, Charles F. Bowdoin - 43 - Item V.M.3. PLANNING ITEM # 55596 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of September 26, 2006, an Ordinance upon application of DR. ALAN MAHANES for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF DR. ALAN MAHANES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO CONDITIONAL 0-2 Ordinance upon application of Dr. Alan Mahanes for a Chanf!e of Zoninf! District Classification from AG-2 Agricultural District (Historic and Cultural Overlay) to Conditional 0-2 Office District (Historic and Cultural Overlay) on property located at 2513 North Landing Road (GPIN 1494717090). DISTRICT 7 - PRINCESS ANNE Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None September 12, 2006 Map 1-12 Ma Not to Scale 'ARCEL IS NOT IN HI CULTURAL DISTR B-IA 4 [9] Conditional Zoning Change from AC-2 to )-2 1 08/24/04 Conditional Rezonina from AG-1/ AG-2 to R-10 Granted 2 03/09/04 Modificatior. of Proffers Granted 3 07/03/01 Conditional Use Permit(Preschool / daycare) Granted 09/09/97 Conditional Use Permit church / davcare) Granted 4 OS/25/99 Conditional Rezoning from AG-2 to B-1 A Conditional Use Permit (mini-storaqe) Granted 5 05/09/95 Conditional Use Permit satellite antenna) Granted 11/1 0/86 Conditional Use Permit restaurant) Granted 6 OS/24/94 Conditional Use Permit ~ aroup home) Granted 7 02/08/94 Conditional RezoninQ from AG-2 to B-1 A Granted ZONING HISTOR'Y/: '//>.X;' DR. ALAN MAHANES . Agenda Item 1 Page 8 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Dr. Alan Mahanes - Change of Zoning District Classification, 2513 North Landing Road (DISTRICT 7 - PRINCESS ANNE) MEETING DATE: September 26,2006 . Background: Application of Dr. Alan Mahanes for a Chanqe of Zonina District Classification from AG-2 Agricultural District (Historic and Cultural Overlay) to Conditional 0-1 Office District (Historic and Cultural Overlay) on property located at 2513 North Landing Road (GPIN 1494717090). DISTRICT 7 - PRINCESS ANNE This item was deferred by the City Council on September 12, 2006, allowing the applicant time to consider modifying the request from an 0-2 district to an 0-1 district and to examine the feasibility of using the existing house on the property. . Considerations: The applicant requests a change of zoning for this property to allow the development of a 4,500 square foot one-story office building. The majority of the building will be used for a dental office, with the remainder of the square footage available for lease. The building is designed to reflect the rural clapboard-sided buildings found within this area of the city. The proposal meets the guidelines of the Historic and Cultural Overlay District and the land use policies outlined in the Comprehensive Plan for non-residential uses in the Transition Area. The plan provides 50 percent open space, a majority of which has been left in a natural state. A multi-purpose trail along North Landing Road will be provided, to be shown on the site plan submitted to the Development Services Center after coordination with the City's Department of Parks and Recreation. The proposal is compatible with adjacent properties. The exterior building materials, colors, and rural vernacular design reflect the architectural character found in the surrounding area. The Planning Commission placed this item on the consent agenda because it meets the recommendations of the Comprehensive Plan, is compatible with adjacent properties, staff recommended approval, and there was no opposition. Dr. Alan Mahanes Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve the request as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department! Agency: Planning Department~ City Manager: ~ )l.. ,~~ Staff Planner: Karen Prochilo DR. ALAN MAHANES Agenda Item 1 August 9, 2006 Public Hearing Map 1-12 Moo Not to SC<lle REQUEST: Chanqe of Zoninq District Classification from AG-2 Agricultural District to Conditional 0-2 Office District ADDRESS I DESCRIPTION: Property located at 2513 North Landing Road. GPIN: 1494717090 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 2.45 acres The applicant proposes to rezone this property for development of a 4,500 square foot one-story office building. The majority of the building will be used for a dental office with the remainder of the square footage available for lease. The building is designed to reflect the rural clapboard-sided buildings found within the vicinity. SUMMARY OF REQUEST LAND USE AND ZONING INFORMATION EXISTING LAND USE: Rural residential site SURROUNDING LAND USE AND ZONING: North: . Across North Landing Road is a rural residential site / AG-2 Agricultural District . Undeveloped farm land / AG-2 Agricultural District . Undeveloped farm land / AG-2 Agricultural District . Single-family rural residential and undeveloped land / AG-2 Agricultural District and 0-2 Office District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: A majority of the site is treed. This property is within the Historical and Cultural Overlay District surrounding the Municipal Center. DR. ALAN MAHANES .. Agenda Item 1 .. Page 1 AICUZ: The site is in an AICUZ of Less Than 65 dB Ldn surrounding NAS Oceana and NALF Fentress. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): North Landing Road is a two lane minor suburban arterial. There are no plans in the current CIP for improvements to this section of North Landing Road. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume North Landing 8,604 AOT 15,800 AOT 1 (Level of Existing Land Use"- Road ( 2006) Service "C") 1 0 AOT 17,100 AOT 1 (Level of Proposed Land Use 3 - Service "0") 163 AOT 1 Average Dally Tnps 2 as defined by agricultural zoning 3 as defined by 4500 SF offices WATER: This site must connect to City water. There is a 16 inch City water main in North Landing Road fronting the site. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 636 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 inch City gravity sanitary sewer main in North Landing Road fronting the site. FIRE: No comments at this time. A more complete review of the site plan will be done during detailed site plan review. SCHOOLS: Not applicable. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers provided below. ,- ~;.:.'" .}<- ,- , DR. ALAN MAHANES Agenda Item 1 . P~ge 2 Comprehensive Plan: The Comprehensive Plan designates this area as being within the Transition Area / Princess Anne. The land use planning policies and principles focus strongly on promoting this area as a well-planned, low density, fiscally sound and desirable destination for people to live, work, and play. "The policies of this Comprehensive Plan have been designed to ensure that the Transition Area continues to be a well-planned area. Employment, mixed use, and residential centers, each with its own open space and trail system, will be clustered along and connected to the public greenway offering a variety of quality home and work environments." (p. 143) Evaluation: The applicant has provided a proposal that meets the guidelines of the Historic and Cultural Overlay District and the land use policies outlined in the Comprehensive Plan for non-residential uses in the Transition Area. The proposal is compatible with adjacent properties. The exterior building materials, colors, and rural vernacular design reflect the architectural character found in the surrounding area. The plan strives for the minimum 50 percent open space, a majority of which the applicant has left in a natural state. The applicant's representative has indicated a multi-purpose trail along North Landing Road will be provided, to be shown on the site plan submitted to the Development Services Center after coordination with the City's Department of Parks and Recreation. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (91 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of ~oning. PROFFER 1: When the property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL SITE PLAN MAHANES OFFICE BUILDING North Landing Road, Virginia Beach, Virginia", prepared by Gallup Surveyors & Engineers, Ltd., dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled "MAHANES OFFICE BUILDING", prepared by Lyall Design Architects, dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from the adjoining property. "- ,- ,_,.X"" ._.__......,.. ,,' ,,_.,...,.,,_,' ./ "'-', DR. ALAN MAHANES . Agenda Item 1. Pag~3 PROFFER 4: Any freestanding sign shall be monument style, no greater than six feet (6') in height with a base matching the material on the exterior of the Office building. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated April 28, 2006, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. <<""".,,..,,: .. -'.....-- ..... ..... '...., 0" "', <.... ,-',",_ ,',- :'_" ':'-.,:" ",,: -':'-::~<" '>'.";'-;::~:-:<:'::;-':,.,., "0 ,,' .....:::..:-<.:.... " DR. ALAN MAHANES .. Agenda Item 1 Page. 4 ;'."";",.,- -,,- _..-- -.-,,--- -".,.-.,:! AERIAL OF SITE Loq~l"tOb"/::(:: DR. ALAN MAHANES Agenda Item 1. Pag~ 5 "- " " " / / / / mlii ...!l. ",-:\=~ aJi:, ~:i gi I' II ~; .,- :~ ,.. ~ '" . ...'" !! ~i ti 3 ." a; t~ ~~ & III f! t- is ::& => ! ::& I~ ~~ ...'" ~ ~ !jJ ~ ~~ l!;li!!S ~l'J~b+ :& l"li. ; - lq ~ 0:: ! o! ~! o:.~ <J 8~ ~ j!: ~ z '2 i J;l b PROPOSED SITE PLAN~;' ~ '-."_ A ~ ._>~,. :-./ DR. AL.AN MAHAJi~ES . Agenda It ~ 1I1.~ "' it-- ~ . .::: 0 Z - 0 ~ - -< ~ - Z IX - ,.. ~ 0 '" ~ =' - \0 ,c ~ > <:> Z 0 - U N IX ::::: . ~ - :...l <:t 0 ~ -< N :.ol ..l Z ~ l:Q - ~ =' r:.: 0 < ;.. - < W z t"I1 - - C z ~ IX - Z :> -< = < ~ Z -. '" - !- <: :> ..- - )0- cr: !- Z - !- Z :;) IX "- " PROPOSED BUILDINQE~){rllilOtlr'\JES Agendalt~l'l11 R~g~7 Map 1-12 Ma Not to Scale I iiS IOFiJ( Ai. A,'JJ) ~~RCELlS NOT/N HI (.u.n..,;:;,! i)J',iR{( r CULTURAL D15TR 0-2! B-IA 4 f [9] N 0-2 1 2 3 08/24/04 03/09/04 07/03/01 09/09/97 OS/25/99 4 5 05/09/95 11/1 0/86 OS/24/94 02/08/94 6 7 Conditional Zoning Change from AG-2 to )-2 Granted Granted Granted Granted Granted Granted Granted Granted Granted ZONING HISTORYi " .., '.-'."...'-', DR. ALANMAHANES Agenda Item .1 . . Page 8 1:>;;; ." ie .,,~ &:6....... 0.'" ,S .e.l2)~ 0 ~ e~_ c. _0 ~.-E.~ '" ~ 'Iii:;"'!!l - '@"' ~ ~ ",,8 6 t~ :;g.~ ~. g> <l1 .= "'- "i~6 ~:: Ol~"O~ tll i g~~ "'"51! 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'" j~ .s:: " 1~~ '" (0;: j :e -a: c:; .r!! i5 ~<> ~ J-ae '" ..l~ ~ -~ .. . - Q 4: N Z !U 13..1):' '" 615 ::t'" Ul~ ~e l'Se. =0 €tal "'- 1'" ~t i!e ~~ .<:::; 00 f9 DISCLOSURE STATEMeN~\... i p' DR. ALAN MAHANES Agenda Item 1 PagE? 9 Item #1 Dr. Alan Mahanes Change of Zoning District Classification 2513 North Landing Road District 7 Princess Anne August 9,2006 CONSENT Barry Knight: The next item will be the consent items, and the Vice Chair will handle this portion of the agenda. Vice Chair, Jan Anderson. Janice Anderson: Thank you Mr. Chairman. There are seven items on the consent agenda this morning. The first item is agenda item 1, Dr. Alan Mahanes. This is for a Change of Zoning from AG-2 Agricultural to Conditional 0-2 Office on property located at 2513 North Landing Road, Princess Anne District. Is there a representative? = Bill Gambrell: Mr. Chairman, Ms. Anderson and members of the Commission, my name is Bill Gambrell. I'm a local land planner and I represent the applicant. This is a conditional application that has proffers associated with it, and all of which are acceptable to us, and I understand to you as well. Thank you very much. Janice Anderson: Thank you. Is there any opposition to this application? The Chairman has asked that we have Al Henley review this application for us. Al Henley: This applicant proposes to rezone this property for development of a 4,500 square foot one story office building. The majority of the building will be used for a dental office with the remainder of the square footage is available for leasing. The building is designed to reflect the rural clapboard-sided buildings found within the vicinity. The majority of the site is treed. This property is within the Historical and Cultural Overlay District surrounding the Municipal Center. The site is an AICUZ of less than 65 dB between Oceana and Fentress Airfield. Staff recommends approval of this request. Janice Anderson: Thank you Mr. Henley. Mr. Chairman, I make a motion to approve consent agenda item 1. Barry Knight: There is a motion on the floor to approve this consent agenda item. Do I have a second? Dorothy Wood: Second. Barry Knight: A second by Dot Wood. Is there any discussion? Call for the question. Item #1 Dr. Alan Mahanes Page 2 ANDERSON BERNAS CRABTREE HENLEY KA TSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE 9 AYE NAY 0 ABSO ABSENT 2 ABSENT AYE AYE ABSENT AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 1 for consent. = /{ .~'- ~...~'~ n' City of Virginia Beach DEPARTMENT OF PLANNfNG (757) 427-4621 (757) 426-580 I (DIRECTOR) (757) 563-1762 FAX OPERATIONS BUILDING, ROOM 115 2405 COURTHOUSE DRIVE MUNICIPAL CENTER VIRGINIA BEACH, VIRGfNIA 23456-9019 July 12, 2006 Mr. William Gambrell Right Coast Consulting 207 23rd Street Virginia Beach, Virginia 23451 = RE: Certificate of Appropriateness #04-06 - Proposed Office Building in Courthouse H/C District -located on 2513 North Landing Road ,-:;'"'1?'--.i'..,.-.'.--G,<",,~,~' Dear Mr. Gambrell: In accordance with the Historic Review Board's recommendation, your request for a Certificate of Appropriateness (COA) for development of an office at 2513 North Landing Road (please see attachment) has been approved. The approval applies to the following attached exhibits: The brick will red with gray mortar. The siding will be of two colors and styles; gray prefinished (cobble stone) shingle siding at the upper portion and light blue prefinished horizontal siding for the lower portion. Both sidings will be of a material similar in quality as Hardiplank. · The trim, handrail and PVC trim board separating the sidings will be white. Shingles will be black/charcoal color architectural roofing shingles. The mechanical equipment will be hidden. Signage, lighting and landscape plans are subject to review by the HRB. Mr. William Gambrell COA for Dr. Mahanes' Office July 12, 2006 Page 2 Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this certificate of appropriateness application may require revision during detailed site plan review to meet all applicable City Codes. Any substantial revision will require a resubmission for a certificate of appropriateness. If we can be of further assistance, please contact Robert Davis of my staff at 427-8613. Sincerely, (2,,~.J~~~JC,~ Robert J. Scott Planning Director fk~) ;J ~~fJ ). .Sc.~ = RJS/rd Enclosures c: Current Planning Map 1-12 Mo Not to Scale Conditional Zoning Change from AC-2 to )-2 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6472 DATE: August 23, 2006 FROM: Leslie L. Lill~..l!. {l0 B. Kay WilSO~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application: Dr. Alan Mahanes The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 12, 2006. I have reviewed the subject proffer agreement, dated April 28, 2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/als Enclosure cc: Kathleen Hassen PREPARED BY: SYKIS. ROURDON, MlmN &. LID. P.c. ALAN W. MAHANES TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 28th day of April, 2006, by and between ALAN W. MAHANES, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.59 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultural District to Conditional 0-2 Office District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 1494-71-7090 PREPARED BY; ~.13 SYKfS. ROURDON. Ilil Am:RN &. Lm. P.c. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that 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: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL SITE PLAN MAHANES OFFICE BUILDING North Landing Road, Virginia Beach, Virginia", prepared by Gallup Surveyors & Engineers, Ltd., dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafterf'Site Plan"). 2. The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled, "MAHANES OFFICE BUILDING", prepared by Lyall Design Architects, dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 4. Any freestanding sign shall be monument style, no greater than six feet (6') in height with a base matching the material on the exterior of the Office Building. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. 2 PREPARED BY: ~,m SYKES. ROURDON. mil MIlliN &. lM. P.c. All references hereinabove to 0-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said in-strument shall be void. The Grantors covenant and agree that: (1) T'1e Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and 3 PREPARED BY: IS3 SYKIS. ROURDON. m'il AIlIRN & tM. P.c. (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 PREPARED BY: ~m SYI<:IS. ROURDON. m'g AIU:RN & 1M. P.c. WITNESS the following signature and seal: (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this I ~ day of May, 2006, . by Alan W. Mahanes, Grantor. ~ Notary Pub ic My Commission Expires: 5 PREPARED BY: ~.m SYKIS. ROURDON. mo Am;:RN & LM. P.c. EXHIBIT "A" All that certain piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, containing 2.529 acres, and shown on that certain plat survey entitled "PHYSICAL SURVEY PART OF PROPERTY OF PAUL W. SAWYER" dated October 8,1975, and made by Bruce B. Gallup, C.L.S., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1530, page 182, and bounded and described as follows: Beginning at a point marked by a pipe on the South side of North Landing Road, which point is 509 feet East of West Neck Road as measured along North Landing Road; thence along the South line of North Landing Road North 75030' East 330.9 feet to a point; thence South 170 09' 20" East 411.0 feet to a point in a ditch marked by a pin; thence along said ditch North 720 07' 14" West 348.97 feet to a point marked by a pin; thence continuing along a ditch South 610 18' West 99.60 feet to a point marked by a pin; thence continuing along said ditch South 240 28' West 39.60 feet to a point marked by a pin; thence continuing along said ditch South 790 28' West 29.59 feet to a point on the line of the property now or formerly belonging to WASSMER, which point is marked by a pin; thence North 170 50' East 108.77 feet to a point marked by a pin; thence North 030 01' 02" West 188.73 feet to the point of beginning. LESS AND EXCEPT that portion of the aforementioned property acquired by the City of Virginia Beach in Certificate of Take No. 1601, Order of the Circuit Court of the City of Virginia Beach dated July 25, 2002, recorded as Instrument No. 200208013010713 and described as 1489 Sq. Ft. (0.034 Acre) Take Area; and 20766 Sq. Ft. (0-477 Acre) - Proposed Permanent Drainage Easement, situate in the City of Virginia Beach as more particularly shown on that plat entitled "PARCEL 015 PLAT SHOWING PROPOSED RIGHT OF WAY AND EASEMENT TO BE ACQUIRED FOR NIMMO PARKWAY/WEST NECK ROAD IMPROVEMENT CIP 2-090 FROM PAUL W. SAWYER JR. AND LUCY N. SAWYER", dated March 5, 2002, Scale 1"=50', prepared by Pl.ecision Measurements, Inc., said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 200207223004759. GPIN: 1494-71-7090 ConditionalRezone/Mahanes/Proffer 6 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6472 FROM: Leslie L. Lilley, '~ B. Kay WiISO~ DATE: September 19, 2006 DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Alan W. Mahanes The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 26, 2006. I have reviewed the subject proffer agreement, dated April 28, 2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/als Enclosure cc: Kathleen Hassen PREPARED BY: "'13 SYKJ::S. ROURDON. mil AllIRN & UVY. P.c. ALAN W. MAHANES TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 28th day of April, 2006, by and between ALAN W. MAHANES, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.59 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultural District to Conditional 0-1 Office District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 1494-71-7090 1 PREPARED BY: ~.m SYKIS. ROURDON. m'iI AlIJ::RN &. 1M. P.c. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that 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: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL SITE PLAN MAHANES OFFICE BUILDING North Landing Road, Virginia Beach, Virginia", prepared by Gallup Surveyors & Engineers, Ltd., dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach DeT)artment of Planning (hereinafter "Site Plan"). 2. The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled, "MAHANES OFFICE BUILDING", prepared by Lyall Design Architects, dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 4. Any freestanding sign shall be monument style, no greater than six feet (6') in height with a base matching the material on the exterior of the Office Building. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. 2 PREPARED BY: 1;)13 sms. llOURDON. mil MlfRN &. Lm. P.c. All references hereinabove to 0-1 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and 3 PREPARED BY: ~ SYK'IS. ROURDON. mil AYfRN &. 1M. P.c. (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 PREPARED BY: ~13 SYKIS. ROURDON. mil AHrnN &. LM. r.c. WITNESS the following signature and seal: (SEAL) STATE OF VIRGINIA CITI OF VIRGINIA BEACH, to wit: /:1.,- The foregoing instrument was acknowledged before me this ~ of May, 2006, by Alan W. Mahanes, Grantor., ...". ./ /~'-,,-- /" ----/' Notary Public My Commission Expires: 5 .-/1 PREPARED BY: (;J.m SYKIS. ROURDON. mil A1lrnN &. lM. P.c. EXHIBIT "A" All that certain piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, containing 2.529 acres, and shown on that certain plat survey entitled "PHYSICAL SURVEY PART OF PROPERTY OF PAUL W. SAWYER" dated October 8,1975, and made by Bruce B. Gallup, C.L.S., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1530, page 182, and bounded and described as follows: Beginning at a point marked by a pipe on the South side of North Landing Road, which point is 509 feet East of West Neck Road as measured along North Landing Road; thence along the South line of North Landing Road North 75030' East 330.9 feet to a point; thence South 170 09' 20" East 411.0 feet to a point in a ditch marked by a pin; thence along said ditch North 720 07' 14" West 348.97 feet to a point marked by a pin; thence continuing along a ditch South 610 18' West 99.60 feet to a point marked by a pin; thence continuing along said ditch South 240 28' West 39.60 feet to a point marked by a pin; thence continuing along said ditch South 790 28' West 29.59 feet to a point on the line of the property now or formerly belonging to WASSMER, which point is marked by a pin; thence North 170 50' East 108.77 feet to a point marked by a pin; thence North 030 01' 02" West 188.73 feet to the point of beginning. LESS AND EXCEPT that portion of the aforementioned property acquired by the City of Virginia Beach in Certificate of Take No. 1601, Order of the Circuit Court of the City of Virginia Beach dated July 25, 2002, recorded as Instrument No. 200208013010713 and described as 1489 Sq. Ft. (0.034 Acre) Take Area; and 20766 Sq. Ft. (0.477 Acre) - Proposed Permanent Drainage Easement, situate in the City of Virginia Beach as more particularly shown on that plat entitled "PARCEL 015 PLAT SHOWING PROPOSED RIGHT OF WAY AND EASEMENT TO BE ACQUIRED FOR NIMMO PARKWAY/WEST NECK ROAD IMPROVEMENT CIP 2-090 FROM PAUL W. SAWYER JR. AND LUCY N. SAWYER", dated March 5, 2002, Scale 1"=50', prepared by Precision Measurements, Inc., said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 200207223004759. GPIN: 1494-71-7090 ConditionalRezonejMahanesjProffer 6 R-15 R-15 R-15 A-12 Conditional Zoning Change from 8-1 10 Conditional R- 1 5 1 02/27/01 STREET CLOSURE Granted 2 11/22/94 CHANGE OF ZONING (A-12 to R- Granted 10) . ZONING HISTORY " LAGO MAR XSSOCIATES . Agenda I ...0 eRa.. to CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Lago Mar Associates, L.L.C. - Change of Zoning District Classification, 801 Artesia Way (DISTRICT 7 - PRINCESS ANNE) MEETING DATE: September 26,2006 . Background: Application of Lago Mar Associates, L.L.C. for a Chanqe of Zoninq District Classification from B-1 Neighborhood Business District to Conditional R-15 Residential District on property located at the Northwest intersection of Artesia Way and Nimmo Parkway, and addressed as 801 Artesia Way (GPIN 2424133283). DISTRICT 7 - PRINCESS ANNE . Considerations: The applicant proposes to rezone a 3.3 acre parcel, currently zoned B-1 Business District to R-15 Residential District, for the development of seven (7) lots for single-family dwellings. A cul-de-sac connected to Artesia Way will provide access for the new lots. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposed conditional rezoning will replace an incompatible commercial zoning with a residential zoning that is complementary to the adjacent and established residential neighborhood in terms of use, density and housing design, all of which are proffered. The rezoning eliminates the opportunity for any commercial business to operate within this strictly residential setting. Staff views this rezoning as a benefit and improvement to the orderly development of this neighborhood. The Planning Commission placed this item on the consent agenda because the request is compatible with the surrounding residential neighborhoods, eliminates the potential for a by-right commercial use on the property, staff recommended approval, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request, as proffered. . Attachments: Staff Review Lago Mar Associates, L.L.C. Page 2 of 2 Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmentq,J CityManage~:> k ~ LAGO MAR ASSOCIATES, LLC Agenda Item 5 August 9, 2006 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Chanae of Zonina District Classification from B-1 Business District to Conditional R-15 Residential District. ADDRESS I DESCRIPTION: Property located at the northwest corner of Nimmo Parkway and Artesia Way. GPIN: 24241332830000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 3.312 acres SUMMARY OF REQUEST The applicant proposes to rezone a 3.312 acre parcel, currently zoned B-1 Business District, for the development of seven (7) lots for single-family dwellings. A cul-de-sac connected to Artesia Waywill provide access for the new lots. LAND USE AND ZONING INFORMATION . Park / R-15 Residential District . Nimmo Parkway (undeveloped), single-family dwellings / R-15 Residential District . Artesia Way, pump station, vacant / R-15 Residential District . Single-family homes / R-15 Residential District EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The parcel is located within the Southern Watersheds Management Area. LAGO MAR'1\SSOCIATES ,\gendalt~Tn5 Pfig~.J AICUZ: The site is in an AICUZ of Less Than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Artesia Way in the vicinity of this site is a two (2) lane, undivided local street. Nimmo Parkway is shown on the MTP as a 100 foot wide, divided right-of-way with controlled access. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Artesia Way NO OAT A 6,200 AOT (Level of Existing Land Use ~- A V AILABLE Service "C") - 9,900 AOT 1 1,650 AOT (Level of Service "0") Proposed Land Use 3 - 70 AOT Average Dally Tnps 2 as defined by3.3 acres of retail operation 3 as defined by seven (7) single family dwellings WATER: This site must connect to City water. There is a 10 inch water main in Artesia Way. There is a 12 inch and a 16 inch water main in Nimmo Parkway. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 628 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a six (6) inch and an eight (8) inch sanitary sewer force main in Artesia Way. There is an eight (8) inch gravity sanitary sewer main in Artesia Way. There is a 16 inch force main in Nimmo Parkway. SCHOOLS: School Current Capacity Generation 1 Change 2 Enrollment Red Mill Elementary 677 653 1.9 2 Princess Anne 1542 1557 1.1 1 Middle Ocean Lakes Hiqh 2370 2533 1.6 2 " . " generation represents the number of students that the development Will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). NOTE: Effective with the start of the 2006-2007 school year, this development will be redistricted from Kellam High to Ocean Lakes High along with the remainder of the Back Bay at Lago Mar subdivision and other areas north of Nimmo Parkway. j~"-..-"":':':' .--~:; -"--<~ -: . . . . ;,:---:,;::,,~,:~:<..,,-::-;;:. ; LAGO MAR ASSOCIATES . Agendalt-em5 P~ge .2 EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: The Comprehensive Plan designates this site as being within the Primary Residential Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposed conditional rezoning from B-1 to R-15 replaces an incompatible commercial zoning with a residential zoning that is complementary to the adjacent and established residential neighborhood in terms of use, density and housing design, all of which are proffered. The rezoning eliminates the opportunity for any commercial business to operate within this strictly residential setting. Staff views this rezoning as a benefit and improvement to the orderly development of this neighborhood. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (~1 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When developed, the Property shall be developed in substantial conformance with the exhibit titled, "Exhibit for Re-Zoning of Lagomar," dated August 8,2005, and prepared by NDI, L.L.C. Basgier and Associates Division, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the City Planning Department (the "Conceptual Plan"). PROFFER 2: All residential dwelling units constructed upon the Property shall be constructed using materials, designs, and architectural features substantially similar to the material, designs and architectural features shown in the photographs labeled "Conceptual Housing Designs for Lago Mar Associates, L.L.C.," dated April 28, 2006. Photographs 1 through 12, copies of which have been exhibited to the City Council and are on file with the City Planning Department. PROFFER 5: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee LAGO MAR ASSOCIA TES Agenda ItemS Page 3 during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project, density, use and architectural style and ensure compatibility of the development to the surrounding area.. The City Attorney's Office has reviewed the proffer agreement dated April 28, 2006, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. '-\'..v"" "'I/ LAGO MARASSOGIAiES > 'p,.genda It~~S .R~~~"4 AERIAL OF SITE LOCATFI0r~t~" 'A"',_,__>" "':" .... '-.- .:.... '.<-:- ,":,:,:::',('ii' '\/-'''' LAGO MAR ASSOCIATES . . Agenda Item 5 . P~g~. 5 ,..,.'- "" 0""-: .~ Lf,,,/ /~. /'- j :1 ./ ./ y, ... ..-.... ,:.../.d":C / _/ " /,,"",",- ~<< . J...."'......... 'c. "'''~;~ :..-----. ./ ---:; '" : , ~"'; -$....,... -- / "'...... ;"pJ '/'" ~ . ..--.< . _ i' ~<t:~ r /~ ;:...."_...'~' / ,.., / ~ , / /~~~ :ce/,< ':,-, I ;1i,' /;,: <.' /~ ,> ~ : S ' ~/ olio :..~:/-~.._._:';~::.m._.::"--::_-_..,,_..:.~_...e:....:l...-_.._..._...._.-:...i..-,t .. , i ,,/-j .0. / .:rJ6IJ]J V1N\;fS' ~ l' ~\ /~ \ i \ ! \ ,i ,\1 _" C "':"~ J;$ . ""'< .: ,} "' ~~--,- J.. '. A YM VIS3.DIV !'L~O:J-...::w<3-a ONWiV::; '$. 'J,,:. ".'" ~<1 S. <. I ~ I . :'1 . .;', . 0.. 'I ,.... < J :Jo~ ~ :r----..-...Nl: ~ ..~ ~ f " <i~ I j . . ....- ..~. -~ $< ij,;. :,:< ;Ut .jll "j;! +r i i h I ~ i :~I ~~i ~~J ~~l ! 0; (~I ~Z: d5 I ::t:.: ~ $ ;: i :: ~ / PROPOSED SIIE:'R(;AN ..^":~~~-~~-,>,: -. C": -::"'w':-' ::", -- '-_' . ":,>.,<'<': ":,~ LAGO MAR ASSOCIATES Agenda Item 5 Page .6 TYPICAL BUILDING DESIGN ,; ,-.,",'" ./ F~-..'< C_,,>' >. ',_,_, _ ,x,'~ , <<t'A . \" LAGO MAR ASSOCIA TES Agenda ItemS . Pa:g~ 7 TYPICAL BUILDING^~ESI,~~< o~ >4 LAGO MAR ASSOCIATES' Agenda Item 5 Page 8 TYPICAL BUILDING DESIGN r, ,.< "w'~"" ' c-.' ',_ "'.. '-- .. ,........,_....'. .... ,. , , ' , , .. ...:c-....;.-.:: ". ;c.:.. .. '" ::',<'_, .: _,' "', "', - 'r .. ,- ~ LAGO MAR ASSOCIATES 'Agenda ItemS .'Pag~ 9 R-15 R-15 R-15 A-12 Conditional Zoning Change from B-1 to Conditional R-15 1 02/27/01 STREET CLOSURE Granted 2 11/22/94 CHANGE OF ZONING (A-12 to R- Granted 10) ZONING HISTORY " ~ ", ,,:,:. ., .", ....,. '_ ,......c '".. :._:.'>_.,',_', ' LAGO MARASSOCIATES. . Agenda Ita. 5 . ~Pa 10 /.,>~ " tl"E ~,E! '" u "'''' "'~Q ~~j' m_"C '" 0 c Qwm "~i ti 1ll;;: .~ "'e~ :i:! 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Change of Zoning District Classification Northwest intersection of Artesia Way and Nimmo Parkway District 7 Princess Anne August 9, 2006 CONSENT Janice Anderson: The next agenda item is item 5, Lago Mar Associates, L.L.c. It's a Change of Zoning from B-1 Neighborhood Business District to Conditional R-15 Residential District. This is on property located on northwest intersection of Artesia Way and Nimmo Parkway in the Princess Anne District. Is there a representative on this item? Mr. Maynard? Jeff Maynard: Thank you Ms. Anderson. Members of the Planning Commission, my name is Jeff Maynard, for the record, and on behalf of Lago Mar Associates, I have reviewed and agree with the proffers submitted with the application. Janice Anderson: Thank you. -= Jeff Maynard: Thanks. Janice Anderson: Is there any opposition to this application? The Chairman has asked Mr. Henley to review this application. Al Henley: Thank you. The application proposes to rezone a 3.312 acre parcel, zonied B-1 Business District for the development of seven (7) lots for single-family dwellings. A cul-de-sac connected to Artesia Way will provide access to the new lots. The parcel is located within the Southern Watersheds Management Area, and the AICUZ is less than 65 dB. Planning staff recommends approval on this, and therefore the Planning Commission also recommends consent on this particular item. Janice Anderson: Thank you Mr. Henley. Mr. Chairman, I make a motion to approve consent agenda item 5. Barry Knight: There is a motion on the floor to approve this consent agenda item. Do I have a second? Dorothy Wood: Second. Barry Knight: A second by Dot Wood. Is there any discussion? Call for the question. AYE 9 NAY 0 ABSO ABSENT 2 Item #5 Lago Mar Associates, L.L.c. Page 2 ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE KATSIAS KNIGHT AYE LIV AS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item 5 for consent. = LLC R-15 R-15 R-15 A-12 Conditional Zoning Change from B-1 to Conditional R-15 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6477 DATE: September 11, 2006 FROM: Leslie L. Lilley c.:i\~ B. Kay WilsonP~- DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; Lago Mar Associates, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 26, 2006. I have reviewed the subject proffer agreement, dated April 28, 2006, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/als Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue Suite 2000 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 28th day of April, 2006 by and between LAGO MAR ASSOCIATES. L.L.C., a Virginia limited liability company (the "Grantor"), the current owner of that certain property located along Nimmo Parkway, in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WIT N E SSE T H: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification ofthe property from B-1 to Conditional R-15; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional R-15 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing R-15 districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said GPIN NO.: 2424-13-3283-0000 amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, it's successors, assigns,-grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformance with the exhibit titled "Exhibit for Re-Zoning of Lagomar", dated August 8, 2005, and prepared by NDI, L.L.c. Basgier and Associates Division, a copy of which has been exhibited to the City Council and is on file with City Planning Department (the "Conceptual Plan"). 2 2. All residential dwelling units constructed upon the Property shall be constructed using materials, designs, and architectural features substantially similar to the materials, designs and architectural features shown in the photographs labeled "Conceptual Housing Designs for Lago Mar Associates, L.L.C.", dated April 28, 2006, Photographs 1 through 12, copies of which have been exhibit to the City Council and are on file with the City Planning Department. 3. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Left Intentionally Blank; Signature Page Follows] 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: LAGO MAR ASSOCIATES, L.L.C., a Virginia limited liability company By~e ~ ~~' Name: , Title: \J __ ~ . COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: pf in"" The foregoing ins~ent w~s ac~owledged ?efore me thi~ L day of~, 2006, by mjc),Ae/ r. t-IU1,OI , m hIslher capaCIty as managmg member of LAGO MAR ASSOCLl\.TES, L.L.C., a Virginia limited liability company. 7i}o:Jp ~ ~ Notary u hc My Commission Expires: / J- - 3 J -0 7 . 313848v1 4 EXHIBIT A LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, lying and being situate in the City of Virginia Beach, Virginia, and being known, numbered and designated as "Parcel A-3" on the plat titled "Subdivision of Lago Mar, Section Seven, Phase One, Part A, Virginia Beach, Virginia", dated September 22, 2000, prepared by NDI, L.L.c. Basgier and Associates Division, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 293, page 59 through 65. IT BEING a portion of the property conveyed to Lago Mar Associates, LLC by Deed dated January 1, 1999 and recorded in the aforesaid Clerk's Office in Deed Book 4029, at page 306. 5 L. APPOINTMENTS BUILDING CODE OF APPEALS- New Construction COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HISTORICAL REVIEW BOARD HISTORIC SITES ORGANIZING COMMITTEE INVESTMENT PARTNERSHIP ADVISORY COMMITTEEE- PPEA M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT - 1 - CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACTIONS - V 0 I M B L DATE: September 12,2006 D C E L E D H C R A W S I E J L N U N I T E D N 0 A D H U L W E Z Y L N N 0 R E S 0 AGENDA P E E E E A R I V 0 0 ITEM # SUBJECT MOTION VOTE H L R Y S N F N A N D I MAYOR'S BRIEFING Mayor Meyera Obemdorf A TEN YEAR PLAN TO AIDRESS Andrew HOMELESSNESS Friedman, Director of Housing and Neighborhood Preservation II CITY COUNCIL BRIEFING Dr. Glenn Snyders, A COMMUNITY HEALTH CENTER PLAN Chairman, Health Services Advisory Board III CITY MANAGER'S BRIEFING Susie Walston, Chief of Staff A HEALTH CARE AS A BUDGET DRIVER IVNI CERTiFICATiON OF CLOSED SESSION Certified 10-0 Y Y Y Y Y Y A Y Y Y Y VII VUIE F MINUTES Sept 5, 06 Approved 10-0 Y Y Y Y Y Y Y Y A Y Y G PUBLIC HEARINGS No Speakers I CHARTER AMENDMENTS - a Landscape Screening for abandoned retail I commercial property b Removal of May election references c Photo Red Light Enforcement Program H/I/ JI Ordinance to AMEND City Code ~21-230 I add ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y I Oxford Drive in Kings Grant to Traffic Calming CONSENT Program 2 Ordinance to AUTHORIZE MOU re Special ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y SW A T/CN I City's support toFort Story CONSENT 3 Ordinance to AUTHORIZE Amendment to Lease ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreement for Stumpy Lake Golf Course CONSENT 4 Ordinance to IMPLEMENT Souths ide Hampton ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Roads Hazard Mitigation Plan reFEMA CONSENT 5 Ordinances to ACCEPT I APPROPRIATE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a $631,452 to Clerk of Circuit Court's courtroom technology b $284,192 additional income fromCDBG to Housing I Neighborhood Preservation's Budget re affordable rental housing c $102,106 from U.S.Dept of Justice's Edward Byrne Memorial Justice Assistance Grant ,0$28,000 Asset Forfeiture Funds republic safety support and criminal processing d $101,067 from U. S. Homeland Security reFire I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V - 0 I M B L DATE: September 12, 2006 D C E L E D H C R A W S I E J L N U N I T E D N 0 A D H U L W E Z Y L N N 0 R E S 0 AGENDA P E E E E A R I V 0 0 ITEM # SUBJECT MOTION VOTE H L R Y S N F N A N D EMS station alerting $78,949 U.S. Depart Criminal Justice Servi:es grant funding to Human Services Budget regrowing caseloads 6 Resolution re2007 Community Legislative ADOPTED 10-0 Y A Y Y Y Y Y Y Y Y Y Agenda 1 REQUEST Delegation to General PAGES 1-321 Assembly sponsor 1 support DELETING BIFURICATED TAX RA TE-- HENLEY /McCLANAN QUALIFIED NAY VOTE ON CHARTER AMENDMENT RE NOVEMBER ELECTIONS 7 Resolution to EST ABLISH Historic Sites ADOPTED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y Organizing Committeere Foundation to assist 1 REVISED support of City -owned "historic sites' K/I MIKE'S PAINT 1 BODY, INe. CUP at Progress APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y Ln 1 Central Dr reauto repair garage 1 bulk storage CONDITIONED, (DISTRICT 6- BEACH) BY CONSENT 2 MIKE'S PAINT 1 BODY, INe. CUP at Progress APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y Ln 1 Central Dr reauto repair garage 1 bulk storage. CONDITIONED, - (DISTRICT 6- BEACH) BY CONSENT 3 DR. ALAN MAHANES COZ from AG-2 to DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional 02 at 2513 North Landing Rd re 9/26/06 BY dental office 1 spacefor lease. (DISTRICT 7 - CONSENT PRINCESS ANNE) 4 KEMP ENTERPRISES, INC. COZ from R-5D to REFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional A24 at Bonney 1 Kenley Rds re multi- BACK TO family dwellings (DISTRICT 2- KEMPSVILLE) PLANNING COMMISSION BY CONSENT 5 RHOMAN COMPANIES COZ from R-IO to APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional H on 1032 Bells Rd 11041 Olds Ln re PROFFERED, warehouses 1 office-warehouses. (DISTRICT 6- BY CONSENT BEACH) L APPOINTMENTS: RESCHEDULED B Y C 0 N S E N S U S BUILDING CODE OF APPEALS - New Construction COMMUNITY SERVICES BOARD HISTORIC SITE ORGANIZING COMMITTEE INVESTMENT PARTNERSHIP ADVISORY COMMITTE&PPEA BEACHES AND W A TERW A YS COMMISSION APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Dr. George L. Grinnan 3 yr term 7/l/0fXJ/30109 -2- CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V - 0 I M B L DATE: September 12,2006 D C E L E D H C R A W S I E J L N U N I T E D N 0 A D H U L W E Z Y L N N 0 R E S 0 AGENDA P E E E E A R I V 0 0 ITEM # SUBJECT MOTION VOTE H L R Y S N F N A N D EASTERN VIRGINIA HEALTH SYSTEMS APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y AGENCY Dr. Miriam Villaseca Unexpired thru 12/31108 PUBLIC LIBRARY BOARD APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Stephanie 09/0 1I0(K)8/3 1108 Dimapelis MINI ADJOURNMENT: 6:38 PM 0 -3-