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HomeMy WebLinkAboutSEPTEMBER 25, 2007 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF. At -Large VICE MAYOR LOUIS R JONES, Bayside- District 4 WILUAMR. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER., Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIX Beach — District 6 RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K SPORE CITYATTORNEY- LESLIEL. LILLEY CITY CLERK- RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 25 SEPTEMBER 2007 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 234568005 PHONE. -(757) 385-4303 FAX (757) 385-5669 E-MAIL: Crycncl@vbgov.com I. CITY MANAGER'S BRIEFING - Conference Room - 1:30 PM A. THALIA CREEK GREENWAY MASTER PLAN Barry Frankenfield — Design and Development Administrator, Parks and Recreation II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION - Conference Room - 2:30 PM V. FORMAL SESSION a C. III E. F. G. H. I. J. CALL TO ORDER — Mayor Meyera E. Oberndorf - Council Chamber - 6:00 PM INVOCATION: Reverend Albert Butzer First Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL AND FORMAL SESSIONS September 11, 2007 AGENDA FOR FORMAL SESSION PUBLIC HEARING 1. INSTALLMENT PURCHASE AGREEMENT for acquisition of Agricultural Land Preservation (ARP) Easement — 2508 West Landing Road CONSENT AGENDA RESOLUTION/ORDINANCES 1. Resolution re the proposed issuance of Tax -Exempt Revenue Bonds by the Southeastern Public Service Authority Of Virginia (SPSA) in the maximum amount of $31,500,000 to finance or refinance current facilities. 2. Ordinance to AUTHORIZE the City Manager to EXECUTE an Installment Purchase Agreement with Sharon Leeper Golesh re an Agricultural Land Preservation Easement (ARP) at 2508 West Landing Road. 3. Ordinance to ESTABLISH the retirement allowance for sworn law-enforcement officers, deputy sheriffs, full-time salaried fire fighters and full-time salaried emergency medical technicians (EMT) at 1.85 percent of their average final compensation and DIRECT the City Manager to identify a funding source no later than October 2, 2007 4. Ordinance to ACCEPT and APPROPRIATE funds in the amount of $178,916 from the United States Department of Justice's Edward Byrne Memorial Justice Assistance Grant re public safety support and criminal processing $34,212 Circuit Court - multi -media evidence display system $11,000 Commonwealth Attorney's office — electronic document storage and retrieval $28,594 Community Corrections and Pretrial — drug testing system $55,260 Police Department — fingerprinting/integrated booking system $10,440 Police Department — electronic video microscope $ 7,410 Sheriff s Department — Courthouse public information system $32,000 Sheriff -s Department — online training and education classroom Ordinances to ACCEPT, APPROPRIATE and TRANSFER to the Police Department within the FY2007-08 operating budget: a. $170,000 from the DEA Seized Property Special Revenue Fund and TRANSFER $150,000 from the General Fund Reserve for Contingencies CIP project re Police Helicopter Replacement and Hanger Expansion b. $70,000 from DMV to the FY 2007-08 operating budget refunding for lectures demonstrating the consequences of driving under the influence (DUI). The Police Department will provide $14,000 as matching funds c. $37,000 from DMV to the FY 2007-08 operating budget re funding to address seat belt usage and enforcement. The Police Department will provide $7,400 as matching funds K. PLANNING COMMISSION 1. Applications of SYLVIA J. ESTES at 1628 Mill Landing Road: DISTRICT 7 — PRINCESS ANNE a. Variance to §5B of the Site Plan Ordinance, Floodplain Regulations b. Conditional Use Permit re an alternative residential development RECOMMENDATION APPROVAL 2. Application of LOT 26, L.L.C. for a Conditional Use Permit re automobile repair garage at 491-99 London Bridge Road. DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 3. Application of J. D. VALLEY, L.L.C. for a Conditional Use Permit re motor vehicle sales and rental at 6119 Indian River Road DISTRICT 1— CENTERVILLE RECOMMENDATION APPROVAL 4. Application of KRAMBIAS PROPERTIES, L.L.C. for a Conditional Use Permit re motor vehicle rentals at 5232 Virginia Beach Boulevard. DISTRICT 4 — BAYSIDE RECOMMENDATION 5. Application of G. A. DOWNS & SONS, INC. for a Conditional Use Permit re automotive repair at 507 North Witchduck Road. DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 6. Ordinance AMENDING §§111, 203, 211, 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance (CZO) and combining lodges, community centers, private or athletic clubs, auditoriums, arenas, civic or cultural centers, social centers, eleemosynary establishments, assembly halls, union halls, and bingo halls as assembly uses and combining churches, monasteries, and convents as religious uses and making both uses conditional in the zoning districts where they are allowed. RECOMMENDATION APPROVAL L. APPOINTMENTS HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITYWIDE TOWN MEETINGS October 16, 2007 Virginia Beach Convention Center - 7:15 pm FY 2008-2010 Budget January 15, 2008 Location to be Announced — 7:15 pm Stormwater Plans and Funding If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 7E 7ti �C �C !C 1C 'J�f 1C !F 7ti Agenda 9/25/07/gw www.vbeov.com CITY MANAGER'S BRIEFING - Conference Room - 1:30 PM A. THALIA CREEK GREENWAY MASTER PLAN Bang Frankenfield — Design and Development Administrator, Parks and Recreation II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - 2:30 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Albert Butzer First Presbyterian 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 11, 2007 G. AGENDA FOR FORMAL SESSION W aricalitti,011tt CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARING 1. INSTALLMENT PURCHASE AGREEMENT for acquisition of Agricultural Land Preservation (ARP) Easement — 2508 West Landing Road NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearing with respect to the execution and delivery of an Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to land located on 2508 West Landing Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95-2319, as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, ( b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources. (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such )m,,provements, and (e) assist in shaping the character, direction and timing of community development. Such easement will be purchased pursuant to the Installment Purchase Agreement for an estimated maximum purchase price of $1,343,507.00. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The Public Hearing, which may be continued or adjourned, will be held by the City Council on September 25, 2007, at 6:00 P.M. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. CITY OF VIRGINIA BEACH, VIRGINIA Ruth Hodges Fraser, MMC City Clerk Beacon September 9 & 16, 2007 17570832 CONSENT AGENDA J. RESOLUTION/ORDINANCES Resolution re the proposed issuance of Tax -Exempt Revenue Bonds by the Southeastern Public Service Authority Of Virginia (SPSA) in the maximum amount of $31,500,000 to finance or refinance current facilities. 2. Ordinance to AUTHORIZE the City Manager to EXECUTE an Installment Purchase Agreement with Sharon Leeper Golesh re an Agricultural Land Preservation Easement (ARP) at 2508 West Landing Road. 3. Ordinance to ESTABLISH the retirement allowance for sworn law-enforcement officers, deputy sheriffs, full-time salaried fire fighters and full-time salaried emergency medical technicians (EMT) at 1.85 percent of their average final compensation and DIRECT the City Manager to identify a funding source no later than October 2, 2007. 4. Ordinance to ACCEPT and APPROPRIATE funds in the amount of $178,916 from the United States Department of Justice's Edward Byrne Memorial Justice Assistance Grant re public safety support and criminal processing $34,212 Circuit Court - multi -media evidence display system $11,000 Commonwealth Attorney's office — electronic document storage and retrieval $28,594 Community Corrections and Pretrial — drug testing system $55,260 Police Department — fingerprinting/integrated booking system $10,440 Police Department — electronic video microscope $ 7,410 Sheriff s Department — Courthouse public information system $32,000 Sheriff -s Department — online training and education classroom 5. Ordinances to ACCEPT, APPROPRIATE and TRANSFER to the Police Department within the FY2007-08 operating budget: a. $170,000 from the DEA Seized Property Special Revenue Fund and TRANSFER $150,000 from the General Fund Reserve for Contingencies CIP project re Police Helicopter Replacement and Hanger Expansion b. $70,000 from DMV to the FY 2007-08 operating budget re funding for lectures demonstrating the consequences of driving under the influence (DUI). The Police Department will provide $14,000 as matching funds c. $37,000 from DMV to the FY 2007-08 operating budget re funding to address seat belt usage and enforcement. The Police Department will provide $7,400 as matching funds CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving the Proposed Issuance of Revenue Bonds by the Southeastern Public Service Authority of Virginia MEETING DATE: September 25, 2007 ■ Background: The Southeastern Public Service Authority of Virginia (SPSA) is planning certain capital improvements, some of which are located in the City of Virginia Beach (see Exhibit A). SPSA intends to finance a portion of the capital costs in the amount of $31,500,000 with the issuance of its Revenue Bonds. State law requires that SPSA receive approval for the financing from the governing bodies of the localities in which the improvements to be financed are located. ■ Considerations: SPSA has provided a package to the City on this financing, including a letter from their bond counsel indicating that the City's approval will allow SPSA to issue tax exempt bonds. In 2005, the City gave similar approval to SPSA for all of SPSA's facilities located in the City. This issuance provides $1.7 million for projects in Virginia Beach. In order to support the program, it is recommended that City Council approve the attached ordinance authorizing the issuance of tax exempt bonds by SPSA in the maximum amount of $31,500,000. The issuance of these bonds does not affect the City's debt program and is not included in the overall debt of the City. ■ Public Information: SPSA held a public hearing on these bonds on September 7, 2007. There was no one from the public in attendance. Public notice also will be provided through the normal Council agenda process. ■ Attachments: 'Resolution Exhibit A—Tax Exempt Improvements in Virginia Beach Letter from Executive Director Memorandum from SPSA's Bond Counsel Fiscal Impact Statement Recommended Action: Approval Submitting Department/Agency: City Manager City Manage 1 A RESOLUTION OF THE CITY COUNCIL OF VIRGINIA 2 BEACH APPROVING THE PROPOSED ISSUANCE OF 3 CERTAIN REVENUE BONDS BY THE SOUTHEASTERN 4 PUBLIC SERVICE AUTHORITY OF VIRGINIA, A PORTION 5 OF THE PROCEEDS OF THE BONDS TO BE USED TO 6 FINANCE OR REFINANCE FACILITIES LOCATED IN THE 7 CITY 8 WHEREAS, the Southeastern Public Service Authority of Virginia (the 9 "Authority") anticipates making certain capital improvements and intends to finance or 10 refinance such capital improvements through the issuance of one or more issues of 11 revenue bonds in an aggregate principal amount up to $31,500,000 (the "Tax -Exempt 12 Bonds") which bonds will finance or refinance the facilities described in Exhibit A, all or 13 a portion of which are or may be located within the City of Virginia Beach (the "City") 14 (the "Tax -Exempt Improvements"); 15 16 WHEREAS, under the Internal Revenue Code of 1986, as amended, prior to the 17 issuance of the Tax -Exempt Bonds, the Authority must hold a public hearing and 18 receive governmental approval of the issuance of the Tax -Exempt Bonds; 19 20 WHEREAS, such governmental approval can, by virtue of the location of certain 21 of the Tax -Exempt Improvements within the City, be given as to such improvements by 22 the City; 23 24 WHEREAS, Section 15.2-4906 of the Code of Virginia, 1950, as amended (the 25 "Local Approval Provision"), requires that, if certain authorities created pursuant to law 26 in Virginia hold a public hearing in accordance with federal law as a prerequisite to 27 undertaking a tax-exempt financing, such authorities must receive approval for the 28 financing from the governing bodies of the localities in which the improvements to be 29 financed are to be located; 30 31 WHEREAS, the Authority is an authority subject to the Local Approval Provision; 32 33 WHEREAS, on September 7, 2007, the Authority held a public hearing (the 34 "Hearing") regarding the issuance of the Tax -Exempt Bonds pursuant to a notice of 35 public hearing published twice, on August 24, 2007 and August 31, 2007, the last such 36 date being not less than six days after the second publication of such notice; 37 38 WHEREAS, the Authority has provided to the City Council the following: (i) a 39 reasonably detailed summary of the comments, if any, expressed at the Hearing; (ii) a 40 fiscal impact statement concerning the Tax -Exempt Bonds in the form specified in 41 Section 15.2-4907 of the Code of Virginia; and (iii) the Authority's request and 42 recommendation that the City Council approve the issuance of the Tax -Exempt Bonds; 43 44 WHEREAS, failure of the City Council to adopt this Resolution may result in the 45 Authority's issuance of taxable debt to finance the Tax -Exempt Improvements; 46 WHEREAS, the City's approval of the Tax -Exempt Bonds will in no way (1) 47 increase the City's liability with respect to any of the City's obligations under any 48 agreement or contract with the Authority, or (2) constitute any amendment or 49 modification of any such agreement or contract; and 50 51 WHEREAS, the City Council has determined to approve the issuance of the Tax - 52 Exempt Bonds; 53 54 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 55 VIRGINIA BEACH, VIRGINIA: 56 57 Section 1. The City Council hereby approves the issuance by the Authority of the 58 Tax -Exempt Bonds. 59 60 Section 2. This Resolution shall take effect immediately. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 63 , 2007. Approved as to Content: .... Lam..,, . CA10491 R-3 September 10, 2007 M Approved as to Legal Sufficiency: City Attorney's O ice Tax -Exempt Improvements located in the City of Virginia Beach, Virginia Improvement Purchase of water truck, purchase of pickup trucks, stabilizing mulching site, replacing pickup truck, purchasing tub grinder, replacing pumps and installing aeration system for odor control Upgrading tipping floor, asphalt upgrades and door replacement Purchase of new CAT excavator, tipping floor expansion, fire protection system, replacing CAT loader and replacing scale Exhibit A Location The sanitary landfill located at 1991 Jake Sears Road, Virginia Beach, Virginia The Oceana Transfer Station located at 2025 Virginia Beach Boulevard, Virginia Beach, Virginia The Landstown Transfer Station located at 1825 Concert Drive, Virginia Beach, Virginia August 27, 2007 Mr. James Y, Spore City Manager City of Virginia Beach Municipal Center Virginia Beach, VA 23456-9099 Dear Mr. Spore: .—.. .. w...w.w ••w, Vtwa�.a7�Gs Vel Aj.,ZU phone: (757) 420-4700 fax: (757) 424-4133 www.spsa.com : BOARDOFDMECTORS As you know, SPSA has taken significant steps in restructuring this year. It is now on course to achieve the Board's financial goals within the next few years according to plan. Among those goals is to fully fund its annual capital budget with cash. This year (FY2008), SPSA will fund nearly 40% of its capital budget with cash. The remainder (approximately $10,000,000) will be funded with debt financing from Wachovia Bank. In addition, SPSA intends to re -finance its FY2007 Capital Budget, also with Wachovia Bank. Last year SPSA fully funded its capital budget with debt for a 3 -year term at a cost greater than is now available. SPSA now intends to extend the term of that borrowing up to four additional years in compliance with its financial policies. Applicable Federal tax regulations and Virginia law require that a public hearing be held, SPSA will hold a public hearing. The law also requires approval by the governing body of each local governmental unit where any of the facilities financed with the proceeds of the bonds approved are to be constructed. Appended is a draft form of the resolution for your City Council, along with a fiscal impact statement and a memorandum from SPSA's bond counsel explaining the TEFRA process. I would appreciate action on this resolution by September 25, 2007. The SPSA Board of Directors will meet on September 26; 2007 to approve the financing plan for this year. Absent your governing body's approval, SPSA will be forced to issue taxable debt for the improvements to be located in your community. SPSA will provide you, for consideration by your City Council, with a summary of any comments received in connection with the public hearing to be held on September 7, 2007. If you have any questions, please contact me. Attachment cc: Mr. Michael J. Barrett Mr. William DeSteph Ci S--"—_ E Bryan L Collins C.harks A. Wrenn V[cfdMMMAN ; _JNA9 Ewtcxr Jam= B. Brown. Jr. NORFouc Donald L WiIIiams POR75Mww Ray A. Smith, Sr. SQUrHAIr vro ax DallasO. Jona Leroy Bennett CHAMMAN g9cMsF Michael J. Barlett p..[T.....p .Ecm John S. Hadfield, P.H SPSA P.O. Box 1346 Chesapeake, VA 23320-1346 Printed on recycled paper aslag soy -based 106 LLP SIDLENY MEMORANDUM TO: City of Chesapeake City of Norfolk City of Portsmouth City of Suffolk City of Virginia Beach Isle of Wight County Southampton County C: City of Franklin FROM: Frank Robinson DATE: August 22, 2007 As bond counsel to the Southeastern Public Service Authority of Virginia, I am providing the following background for SPSA's request that each of the seven addressees, where portions of certain capital improvements to SPSA's Disposal System are located, grant the "host approval" required by federal and state law. The particular capital improvements in SPSA's approved capital budget for its FYE2007 and FY2008, located or to be located in your communities and included as part of SPSA's "Disposal System" are described in Exhibit A to the suggested form of proceedings provided to you. Capital improvements to SPSA's Power Plant cannot be financed with tax-exempt debt (because it does not meet the definition of a "solid waste facility" or a functionally related and subordinate annex thereto). Virginia law [Va. Code §15.2-4906 and -49071 also requires that SPSA provide you, at the same time you consider adoption of the proposed resolution, with an "impact" statement and an extract of the testimony from the public hearing SPSA is scheduled to hold on September 6. The Virginia statute and the Treasury regulations relating to the so-called TEFRA2 process were designed primarily to assure that issuers, without elected officials (such as industrial development authorities), of small issue industrial development bonds not authorize such bonds before receiving input from a public hearing and approval of the elected officials in the communities where the facilities were to be located (host approval). Because SPSA receives significant revenue pursuant to more than one-year contracts with private entities such as Virginia Power, SPSA's bonds are private activity bonds subject to the TEFRA process if the interest thereon is to be tax-exempt. ' Sections 141(e)(1) and 142(a)(6), Internal Revenue Code of 1986, as amended. z The acronym for the Tax Equity and Fiscal Responsibility Act of 1984 that first imposed the public hearing and host approval requirements on what were then "industrial development bonds" and are now called "private activity bonds." See IRC section 147(f)(2) and the regulations thereunder. S IDLESIDLEY AUSTIN LLP I Y As you consider adoption of the suggested resolution, please understand that the consequence of your approval of the requested resolution is that SPSA may finance the Disposal improvements in your community on a tax-exempt basis. Your failure to approve will cause SPSA to include such improvements with its Power Plant improvements in the taxable borrowing that is not subject to the TEFRA process. For purposes of illustration, using yesterday's rates, SPSA was advised by the proposed underwriter of its tax-exempt and taxable bonds that the weekly reset floating rate on its tax- exempt bonds (subject to the alternative minimum tax (AMT)) would have been 3.78% and the rate on its taxable bonds would have been 5.60% or 182 basis points, over 1 3/4%, more than the rate on its tax-exempt AMT bonds. If, hypothetically, one community that is host to capital improvements that cost $500,000 declined to provide approval, and the cost was to be financed and amortized with a four-year average life, SPSA, and the applicable localities through their tipping fees, would pay an additional $36,400 in interest on the taxable bonds. For $10,000,000 in improvements, the additional interest expense would be $720,800. The proceedings that SPSA is providing to you are closely modeled on those you approved in the Fall of 2005, when each of you gave host approval for all of SPSA's facilities in your community and thereby enabled SPSA to maintain the tax -exemption on its then outstanding bonds through the "deemed reissuance" thereof in March 2006. SPSA will greatly appreciate your adopting the suggested resolution prior to September 25, 2007. The SPSA Board expects to consider a resolution on September 26, 2007 that will authorize (A) taxable bonds for the Power Plant improvements and any improvements to the Disposal System for which host approval is not timely received and (B) tax-exempt AMT bonds for the improvements to the Disposal System for which host approval is timely received. A portion of the proceeds of SPSA's 2007 bond issues will be applied to redeem, exactly two year's prior to its stated maturity, SPSA's $21,320,000 taxable note issued to Wachovia Bank, National Association, last October. This taxable note bears interest at one-month LIBOR3 plus 120 basis points (6.70% at yesterday's rates). If you have any questions respecting SPSA's proposed financing, please feel free to contact Walt Hunter, the CFO of SPSA. If your attorneys have any questions respecting the suggested form of your resolution, please ask them to call me at 212-838-5323. 3 London Interbank Offered Rate 2 NY] 6312025v.2 FISCAL E"ACT STATEMENT August 24, 2007 Applicant: Southeastern Public Service Authority 1. Maximum amount of financing sought: 31,500,000 $ 589,524 for projects in Chesapeake $8 * 7,500 for projects in Isle of Wight $7,000 for projects in Norfolk $ 13,631,524 for projects in Portsmouth $ 21,634 for projects in Southampton $ 14,067,936 for projects in Suffolk $ 1,721,263 for projects in Virginia Beach (total projects equal $30,894,381 plus cost of issuance to be included) 2. Estimated taxable value of the facility's real property to be constructed in the locality: 3. Estimated real property tax per year using present tax rates: 4. Estimated personal property tax per year using present tax rates: Estimated merchants' capital tax per year using present tax rates: 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality: NYl 6312998v.1 $ N/A (The Authority's facilities are exempt from real property taxation) N/A (The Authority's facilities are exempt from real property taxation) N/A (The Authority's facilities are exempt from real property taxation) N/A (The Authority's facilities are exempt from real property taxation) N/A b. Estimated dollar value per year of N/A goods that will be purchased from non -Virginia companies within the locality: c. Estimated dollar value per year of N/A services that will be purchased from Virginia companies within the locality: d. Estimated dollar value per year of N/A services that will be purchased from non -Virginia companies with the locality: 7. Estimated number of regular employees on year round basis: 467 8. Average annual salary per employee: $ 35,000 estimated Respectfully submitted, SOUTHEASTERN PUBLIC SERVICE U LM 2 NY 6312998v.1 w�w ��^ z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the acquisition of an agricultural land preservation easement over property located at 2508 West Landing Road and identified as GPIN 1492-94-7133 and the issuance by the City of its contract obligations in the maximum principal amount of $1,343,507 (Sharon Leeper Golesh) MEETING DATE: September 25, 2007 ■ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon nine (9) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. ■ Considerations: The subject property consists of one (1) parcel of land having approximately 98.86 acres outside of marshland or swampland. It is owned by Sharon Leeper Golesh. Under current development regulations, there is a total development potential of ten (10) single-family dwelling building sites, one (1) of which would be reserved for future development as a 3 -acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located at 2508 West Landing Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $1,343,507. This price is the equivalent of approximately $13,590 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.2070% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.2070% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office); area map showing location of property. Recommended Action: Adoption Submitting De artment/A enc : Agriculture Department ^ v/ : City Manager: 1L v 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT OVER 3 PROPERTY LOCATED AT 2508 WEST LANDING ROAD 4 AND IDENTIFIED AS GPIN 1492-94-7133 AND THE 5 ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS 6 IN THE MAXIMUM PRINCIPAL AMOUNT OF $1,343,507 7 (SHARON LEEPER GOLESH) WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City identified as GPIN1492-94-7133 and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $1,343,507; and 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 25 purchase as evidenced by the Installment Purchase Agreement; 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 4.2070% per annum 37 or the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 6.2070% unless the approval of the City Council by 40 resolution duly adopted is first obtained. 41 42 2. The City Council hereby further determines that funding is available for the 43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 44 the terms and conditions set forth therein. 1 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 Adoption requires an affirmative vote of a majority of all members of the City 63 Council. 64 65 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 66 , 2007. CA -10323 V:\appheations\dtylawprod\cycom32\Wpdom\D028\PW2\OW39273.DOC R-1 DATE: August 31, 2007 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4�"\ . ' fij/�& a &PAMzIJ — Agricul re Departm nt City Aftorney'stbffice CERTIFIED AS TO AVAILABILITY OF FUNDS: M� Director of I inance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2007-82 SUMMARY OF MATERIAL TERMS SELLER: Sharon Leeper Golesh PROPERTY LOCATION: 2508 West Landing Road, Princess Anne District PURCHASE PRICE: $1,343,507. EASEMENT AREA: 98.86, more or less DEVELOPMENT POTENTIAL: 10 single-family dwelling sites (9 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.2070% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.2070% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. c C/) a) O (Di O U) 4- 0 0 CL O L. n M' I M ti N m d' z cD --- ---------------- I 4 Z r rlr r_ r1 100, I / O J PC .� 0000 0 a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Establishing City of Virginia Beach's Election to Provide Service Retirement Allowance Benefits Equivalent to the State Police Officer Retirement Increased Multiplier of 1.85 Percent of the Average Final Compensation Times the Amount of Creditable Service to Sworn Police Officers, Deputy Sheriffs, Full -Time Salaried Fire Fighters and Full -Time Salaried Emergency Medical Technicians, Effective January 1, 2008. MEETING DATE: September 25, 2007 ■ Background: Section 51.1-138(8) of the Code of Virginia authorizes local governments to elect to provide benefits equivalent to those provided under the State Police Officers' Retirement System for 1) sworn law enforcement officers who have the duty and obligation to enforce the penal and traffic laws of the Commonwealth, including deputy sheriffs; 2) full-time salaried fire fighters, and 3) full-time salaried emergency medical technicians. In the 2007 Virginia General Assembly session the state law establishing the State Police Officers' Retirement normal service retirement allowance was amended. The revised law increased the multiplier from 1.70 percent to 1.85 percent of the average final compensation times the amount of creditable service for retirements on or after July 1, 2007. In addition, the General Assembly amended Section 51.1-138(B) of the Code of Virginia to permit local governments to elect whether to establish the retirement allowance for employees in these positions at 1.70 percent or 1.85 percent of the average final compensation. Pursuant to state law, employees in other positions currently receive a normal service retirement allowance of 1.70 percent of the average final compensation times the amount of creditable service. ■ Considerations: Adopting this ordinance will have an estimated $1 million impact in the current fiscal year and an estimated financial impact of $2 million in FY 09. VRS will update this obligation in future years. As the number of employees covered grows and salary levels increase, the associated financial obligation will increase. ■ Public Information: This Ordinance will be advertised in the same manner as other agenda items. ■ Alternatives: Refer to associated Policy Report. ■ Attachments: Ordinance Recommended Action: Per Council Consideration Submitting Department/Agency: Councilmembers Diezel and Wood Requested by Councilmembers Diezel and Wood 1 AN ORDINANCE TO ESTABLISH THE RETIRMENT 2 ALLOWANCE FOR SWORN POLICE OFFICERS, DEPUTY 3 SHERIFFS, FULL-TIME SALARIED FIRE FIGHTERS, AND FULL - 4 TIME SALARIED EMERGENCY MEDICAL TECHNICIANS AT 1.85 5 PERCENT OF THEIR AVERAGE FINAL COMPENSATION 6 WHEREAS, Section 51.1-138(8) of the Code of Virginia permits the City to 7 establish the service retirement allowance for sworn police officers, deputy sheriffs, full - 8 time salaried fire fighters, and full-time salaried emergency medical technicians at 1.85 9 percent of their average final compensation, times the amount of creditable service; and 10 WHEREAS, the City of Virginia Beach values its public safety employees and 11 appreciates the indispensable services they provide, including safeguarding life and 12 property, preserving peace and good order, and protecting the welfare and safety of the 13 citizens of Virginia Beach and the community. 14 WHEREAS, the City Council desires to extend this benefit to these public safety 15 employees and the City Manager has identified a funding source for this benefit, 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY. OF 17 VIRGINIA BEACH, VIRGINIA: 18 1. That the retirement allowance for City of Virginia Beach sworn police 19 officers, deputy sheriffs, full-time salaried fire fighters, and full-time salaried emergency 20 medical technicians shall be established at 1.85 percent of the average final 21 compensation times the amount of creditable service, effective January 1, 2008. 22 2. That the City Manager and City Attorney are directed to prepare the 23 ordinances necessary to fund and implement this retirement allowance and to place the 24 ordinances on the City Council's agenda for timely approval. 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 26 of , 2007. APPROVED AS TO LEGAL SUFFICIENCY: ity ttorney's Offi e CA -10480 R-5 September 20, 2007 �ydU 8�'1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $178,916 from the United States Department of Justice Edward Byrne Memorial Justice Assistance Grant for the Purpose of Supporting Public Safety and Criminal Processing MEETING DATE: September 25, 2007 ■ Background: The Edward Byrne Justice Assistance Grant (Byrne JAG) is a grant from the Department of Justice (DOJ) that is used to assist with law enforcement and criminal processing programs. The Byrne JAG supports a broad range of activities to prevent and control crime based on local needs and conditions. The Criminal Justice Board, which is comprised of City representatives from Police, Sheriff, Courts, and Community Corrections, met to determine the best use of this grant funding. As a requirement of the grant, the recommendation of the Criminal Justice Board was brought to the City Council in June. ■ Considerations: The total award for this grant is $178,916. The Virginia Beach Criminal Justice Board recommends that the funds be used as follows: - $34,212 for a multi -media evidence display system for the Circuit Court. - $11,000 for electronic document storage and retrieval for the office of the Commonwealth's Attorney. - $28,594 to Community Corrections and Pretrial for a drug testing system. - $55,260 to Police for fingerprinting / integrated booking system. - $10,440 to Police for an electronic video microscope. - $7,410 to the Sheriff for a courthouse public information system. - $32,000 to the Sheriff for an online training and education classroom. ■ Public Information: Public information will be handled through the normal agenda process. A public hearing, which was required by the grant, was held at the City Council's July 10th meeting. ■ Recommendations: Staff recommends that the grant be accepted and appropriated for the recommended use of funds as suggested by the Criminal Justice Board. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager City Manager: '`j 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $178,916 FROM THE UNITED STATES 3 DEPARTMENT OF JUSTICE EDWARD BYRNE 4 MEMORIAL JUSTICE ASSISTANCE GRANT FOR 5 THE PURPOSES OF SUPPORTING PUBLIC SAFETY 6 AND IMPROVING CRIMINAL PROCESSING 7 WHEREAS, the United States Department of Justice has authorized a 2007 8 Edward Byrne Memorial Justice Assistance grant of $178,916 to the City of Virginia 9 Beach. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That $178,916 is hereby accepted from the U.S. Department of Justice 15 and appropriated to the following agencies and departments in the amounts and for the 16 purposes set forth below: 17 18 a. $34,212 to the Circuit Court for a multi -media evidence display system. 19 b. $11,000 to the Commonwealth's Attorney for electronic document storage 20 and retrieval. 21 c. $28,594 to Community Corrections and Pretrial for a drug testing system. 22 d. $55,260 to the Police Department for a fingerprinting / integrated booking 23 system. 24 e. $10,440 to the Police Department for an electronic video microscope. 25 f. $7,410 to the Sheriff for a courthouse public information system. 26 g. $32,000 to the Sheriff for an online training and education classroom. 27 28 2. That estimated revenue from the Federal Government in the 2007-08 29 Operating Budget is hereby increased by $178,916. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the day 32 of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City Attorney's Offs CA10493 R-1 September 5, 2007 �ti • =�3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $170,000 from the Fund Balance of the Drug Enforcement Agency (DEA) Seized Property Special Revenue Fund and Transfer $150,000 from the General Fund Reserve for Contingencies to Capital Improvement Project #3-227, "Police Helicopter Replacement and Hangar Expansion," for the Cost Increases of Replacing the Helicopter Hangar MEETING DATE: September 25, 2007 ■ Background: On November 1, 2005, City Council appropriated $2,900,000 for the purchase of a replacement police helicopter and expansion of the current helicopter hangar. The replacement helicopter will be configured as an air ambulance and will also be equipped with an external hoist to rescue individuals out of the water or from the rooftop of a burning building. A "cargo hook" underneath the helicopter will allow for the transporting of a water bucket to extinguish fires in remote areas. CIP #3-227, "Police Helicopter Replacement & Hangar Expansion" has been established for the replacement of the existing helicopter and expansion of the existing hangar and maintenance facility in order to accommodate a larger aircraft. The Police Department is purchasing a pre- fabricated facility for this building. The bids for expanding the current hangar facility have come in $420,000 over budget. To reduce these costs, the bid will be reduced $100,000 by eliminating the office space, workshop and bathroom facilities that were planned. This remaining $320,000 increase in cost is due to the addition of a fire suppression system and the increasing cost of steel and concrete. ■ Considerations: Staff recommends that the additional $320,000 be funded from two sources: DEA Seized Property funds and the General Fund Reserve for Contingencies with DEA Seized Property funds contributing $170,000 and the Reserve for Contingencies contributing $150,000. The replacement hanger with a fire suppression system is of paramount importance in protecting the City's investment in the new helicopter. The existing hangar is too small to accommodate the new larger aircraft. The General Fund Reserve for Contingencies has a current balance of $1,151,430 (before this transfer) as of 9/12/07. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: It is recommended that $150,000 be transferred from the General Fund Reserve for Contingencies and $170,000 be appropriated from the fund balance of the DEA Seized Property Special Revenue Fund to CIP Project #3-227, "Police Helicopter Replacement & Hangar Expansion." ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/A enc Police City Manager �) 4� 1 AN ORDINANCE TO APPROPRIATE $170,000 FROM THE 2 FUND BALANCE OF DRUG ENFORCEMENT AGENCY 3 (DEA) SEIZED PROPERTY SPECIAL REVENUE FUND AND 4 TRANSFER $150,000 FROM THE GENERAL FUND 5 RESERVE FOR CONTINGENCIES TO CAPITAL 6 IMPROVEMENT PROJECT #3-227, POLICE HELICOPTER 7 REPLACEMENT AND HANGAR EXPANSION, FOR THE 8 COST INCREASES OF REPLACING THE HELICOPTER 9 HANGAR 10 11 12 WHEREAS, funding of $170,000 is available in the Fund Balance of the DEA Seized 13 Property Special Revenue Fund and $150,000 is available in the General Fund Reserve for 14 Contingencies. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That $170,000 is hereby appropriated from the Fund Balance of the DEA Seized 20 Property Special Revenue Fund and $150,000 is hereby transferred from the General Fund 21 Reserve for Contingencies to CIP #3-227, Police Helicopter Replacement and Hangar 22 Expansion, for the costs of replacing the hangar. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 25 , 2007. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: a . &JIIA7 Management Services CA10501 R-2 September 13, 2007 APPROVED AS TO LEGAL SUFFICIENCY: ^__aa ru•e� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $70,000 from the Virginia Department of Motor Vehicles (DMV) to the Police Department's FY 2007-08 Operating Budget to Conduct Lectures to Demonstrate the Consequences of Driving Under the Influence (DUI) and Enforce DUI Laws MEETING DATE: September 25, 2007 ■ Background: The Virginia Department of Motor Vehicles has been awarding grants to the Virginia Beach Police Department since the 1990's. The DUI Education grant will be active from 10/1/2007 through 9/30/2008. The Police Department's Selective Enforcement Team will conduct a lecture twice a month throughout the City to demonstrate the consequences of driving under the influence. This presentation includes statistics, photos, and a question and answer session. As these seminars are taking place, officers, on paid overtime, will be looking for intoxicated drivers during the hours that most impaired drivers are on the roadways. The grant will also fund the purchase of speed detection devices, breath test devices, and allow traffic officers to attend the National Highway Safety Conference. The grant provides $70,000 of DMV funding and requires a $14,000 match, which will be funded through the Police Department's overtime budget. ■ Considerations: These funds will be used to educate citizens in Virginia Beach about DUI laws and the consequences involved with driving under the influence, and to enforce DUI laws. The Police Department will .provide $14,000 of overtime money as matching funds. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Attachments: Ordinance and Award Letter Recommended Action: Approval Submitting Department/Agency: City Manager: Qt tl Police Department 4NO'L 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $70,000 2 FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES 3 (DMV) TO THE POLICE DEPARTMENT'S FY 2007-08 4 OPERATING BUDGET TO CONDUCT LECTURES TO 5 DEMONSTRATE THE CONSEQUENCES OF DRIVING 6 UNDER THE INFLUENCE (DUI) AND ENFORCE DUI LAWS 7 8 9 WHEREAS, The Police Department has identified $14,000 in matching funds to 10 support this grant. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 (1) That $70,000 is hereby accepted from the Virginia Department of Motor 16 Vehicles and appropriated to the Police Department's FY 2007-08 Operating Budget 17 to provide funding for lectures demonstrating the consequences of driving under the 18 influence, with state revenue increased accordingly. 19 20 (2) That $14,000 will be transferred within the Police Department's FY 2007-08 21 Operating Budget to support the grant's match requirement. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 24 , 2007. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: Management Services CA10499 R-1 September 11, 2007 APPROVED AS TO LEGAL SUFFICIENCY: BEEN- 20 W-7A.W501-9 (COMI'A"",11O v\U,�JEA\ 1LT Ht {olf VIRGINIA Department of Motor Vehicles D. B—Smit '7300 ��'J 11')v Office flu. ''s,_ Commissioner CSL Broad Street kirhmotul. VA 3269_oom 866-r).klV t.1NF or 8IM-4 35.5137 July 23, 2007 Colin Elliot Master Police Officer Virginia Beach City 2509 Princess Anne Rd. Virginia Beach, VA 23456 Dear Officer Elliot: Safety has been and will continue to be a high priority in Virginia's overall transportation system. Governor Tim Kaine and I are committed to ensuring that safety is the highest priority in the development of the Commonwealth's multi- modal transportation system I am pleased to inform you the highway safety project proposal(s) listed below have been approved for federal fiscal year 2007-2008 pass-through grant funding. Proeram Protect 1134 - CFDA# Pror_ect Title K8-2008-58126-3065-20.601 DUI Enforcement OP -2008-58127-3066-20.600 Seat Belt Enforcement Amount Approved $70,000.00 $37,000.00 The availability of funds under this grant is contingent upon two conditions: (1) the proiect manaser and the Person responsible for the voucherifinancial management of your eraat must attend a erantce workshop and (2) the release of federal funds to the Commonwealth. The enclosed information provides the dates and location mandatory training. s regarding this The approved project application(s) and the memorandum of conditions from David Mitchell, DMV Deputy Commissioner of Virginia Highway Safety Office, will be provided to your project director during the training session. As the recipient of a FY07-08 grant award, it is important that you read and follow this information carefully. If you should have any questions regarding the conditions, please contact the project monitor assigned to your grant. 7 hope that your project will have a positive impact on highway safety for all Virginians. Thank you for your interest in improving highway safety. Sincerely, R F,,(� - ffsoko� Pierce R. Homer Enclosure PHR:sb Project Manager: Mary Rayment - Portsmouth Fax: (844) 367-6,631 TDD: 1-840-272-426$ F.• mail: c°mmisit(r dmv.virginia.gov Website: www.dmvN0W.cem `�yJJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $37,000 from the Virginia Department of Motor Vehicles (DMV) to the Police Department's FY 2007-08 Operating Budget to Give Presentations to Teens on Seatbelt Usage and Enforcement of Seatbelt Laws MEETING DATE: September 25, 2007 ■ Background: The Virginia Department of Motor Vehicles has been awarding grants to the Virginia Beach Police Department since the 1990's. The Teen Seat -Belt Usage Grant will be active from 10/1/2007 through 9/30/2008. The Police Department's Special Operations Division has developed a program to address seat belt usage and several other dangerous driving habits. The department will use officers from the Selective Enforcement Team to conduct presentations in the City's high schools. Officers, on paid overtime, will then be tasked with enforcing seatbelt laws around high schools, after the presentation has taken place. This grant will also allow the purchase of speed detection devices, and funding for traffic officer's to attend the Annual Conference on Transportation Safety. The grant provides $37,000 of DMV funding and requires a $7,400 match, which will be funded through the Police Department's overtime budget. ■ Considerations: These funds will be used to educate students in Virginia Beach about seatbelt laws and the consequences involved when seatbelts are not used. The Police Department will provide $7,400 of overtime money as matching funds. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance and Award Letter Recommended Action: Approval Submitting Department/Agy: Police Department t �� City Manager• ncV� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $37,000 2 FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES 3 (DMV) TO THE POLICE DEPARTMENT'S FY 2007-08 4 OPERATING BUDGET TO GIVE PRESENTATIONS TO 5 TEENS ON SEAT BELT USAGE AND ENFORCE SEAT BELT 6 LAWS 7 WHEREAS, the Police Department has identified $7,400 in matching funds to 8 support this grant. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 (1) That $37,000 is hereby accepted from the Virginia Department of Motor 14 Vehicles and appropriated to the Police Department's FY 2007-08 Operating Budget 15 to provide funding to address seat belt usage, with state revenue increased 16 accordingly. 17 18 (2) That $7,400 will be transferred within the Police Department's FY 2007-08 19 Operating Budget to support the grant's match requirement. 20 21 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 22 , 2007. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: L iAJ- Management Services CA10500 R-1 September 11, 2007 APPROVED AS TO LEGAL SUFFICIENCY: ffw�gExwl � i IN P 0 ". IC0lt�l(NW (0►N W 1EA\ UF1Ht Of V R G I 1(A\ D. B. snit Department of Motor X7ehlcles ?30'' ��' v est Broad t 1 orri« aA,� 274 12 209 Commissioner Street ktctnnond, v,a >3_'hg.•iwx1i x6n-D-%1V LINF or 81X)-4:5-5137 July 23, 2007 Colin Elliot Master Police Officer Virginia Beach City 2509 Princess Anne Rd. Virginia Beach, VA 23456 Dear Officer Elliot: Safety has been and will continue to be a high priority in Virginia's overall transportation system Governor Tim Kaine and I are committed to ensuring that safety is the highest priority in the development of the Commonwealth's multi- modal transportation system. I am pleased to inform you the highway safety project proposal(s) listed below have been approved for federal fiscal year 2007-2008 pass-through grant funding. Program Proiect ID# - CFDA# Proiect Title K8-2008-58126-3065-20.601 DUI Enforcement OP -2008-58127-3066-20.600 Seat Belt Enforcement Amount Approved $70,000.00 $37,000.00 person The availability of funds under this grant is contingent upon two conditions: (1) the proiect mamer and the resvonsible for the voucher /financial manaeement of vour Brant must attend a grantce workshare and (2) the release Of federal funds to the Commonwealth. The enclosed rtrformation provides the dates and locations regarding this mandatory training. The approved project application(s) and the memorandum of conditions from David Mitchell, DMV Deputy Conunissioner of Virginia Highway Safety Office, will be provided to your project director during the training session. As the recipient of a FY07-08 grant award, it is important that you read and follow this information carefully. If you should have any questions regarding the conditions, please contact the project monitor assigned to your grant. I hope that your project will have a positive impact on highway safety for all Virginians. Thank you for your interest in improving highway safety. Sincerely,F.t� J� r ` - ff0A0-C,,- Pierce R. Homer Enclosure PHR:sb Project Manager: Mary Rayment - Portsmouth Fax: (804) .367-6631 TDD: 1-900-272.9268 F• mail: cWnmish(u,drnv.virginia.gov Website: www tlmvNOW.com K. PLANNING COMMISSION Applications of SYLVIA J. ESTES at 1628 Mill Landing Road: DISTRICT 7 — PRINCESS ANNE a. Variance to §5B of the Site Plan Ordinance, Floodplain Regulations b. Conditional Use Permit re an alternative residential development RECOMMENDATION APPROVAL 2. Application of LOT 26, L.L.C. for a Conditional Use Permit re automobile repair garage at 491-99 London Bridge Road. DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 3. Application of J. D. VALLEY, L.L.C. for a Conditional Use Permit re motor vehicle sales and rental at 6119 Indian River Road DISTRICT 1— CENTERVILLE RECOMMENDATION APPROVAL 4. Application of KRAMBIAS PROPERTIES, L.L.C. for a Conditional Use Permit re motor vehicle rentals at 5232 Virginia Beach Boulevard. DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 5. Application of G. A. DOWNS & SONS, INC. for a Conditional Use Permit re automotive repair at 507 North Witchduck Road. DISTRICT 4 — BAYSIDE RECOMMENDATION 6. Ordinance AMENDING §§111, 203, 211, 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance (CZO) and combining lodges, community centers, private or athletic clubs, auditoriums, arenas, civic or cultural centers, social centers, eleemosynary establishments, assembly halls, union halls, and bingo halls as assembly uses and combining churches, monasteries, and convents as religious uses and making both uses conditional in the zoning districts where they are allowed. RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Councilwill meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, September 25, 2007, at 6:00 p.m. The following applications will be heard: DISTRICT 7 - PRINCESS ANNE Sylvia J. Estes Application: Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations, at 1628 Mill Landing Road (GPIN 2410440394). AICUZ is Less Than 65 dB Ldn. Sylvia J. Estes Application: Conditional Use Permit for an attemative residential development at 1628 Mill Landing Road (GPIN 2410440394). AICUZ is Less Than 65 dB Ldn. DISTRICT 6 - BEACH Lot 26, L.L.C. Application: Conditional Use Permit for an automobile repair garage at 491-99 London. Bridge Road (1497804054). DISTRICT 1- CENTERVILLE J. D. Valley, L.L.C. Application: Conditional Use Permit for motor vehicle sales and rental at 6119 Indian River Road (GPIN 1456430612). DISTRICT 4 - BAYSIDE Krambias Properties, L.L.C. Conditional Use Permit for motor vehicle rentals at 5232 Virginia Beach Boulevard (GPIN 1467669130). G. A. Downs & Sons, Inc. Application: Conditional Use Permit for automotive repair at 507 North Witchduck Road (GPIN 1467889472). Ordinance amending Sections 111, 203, 211, 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance and combining Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls as Assembly Uses and combining Churches, Monasteries, and Convents as Religious Uses and making both uses Conditional in the zoning districts where they are allowed. . All interested citizens are invited to attend. Ruth Hodges Fraser, 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 httg://www.vDI-O-v-c—O--m-/P—c For information call 385-4621. 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 9 & 16, 2007 17544054 CUP Alternative Rual Development CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: a) Application of Sylvia J. Estes for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations on property located at 1628 Mill Landing Road (GPIN 2410440394). DISTRICT 7 — PRINCESS ANNE b) Application of Sylvia J. Estes for a Conditional Use Permit for an alternative residential development on property located at 1628 Mill Landing Road (GPIN 2410440394). DISTRICT 7 — PRINCESS ANNE MEETING DATE: September 25, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for four (4) new lots for single-family dwellings. There will be a total of five (5) parcels (four new plus one existing), ranging in size from 1.65 acres to 19.62 acres. A Floodplain Variance is requested for fill related to the construction of the right- of-way that will serve four (4) of the five (5) proposed lots. ■ Considerations: For the purpose of calculating by -right density, the City Zoning Ordinance requires a minimum of 15 acres for each single-family parcel. Thus, this approximately 38 -acre parcel could be developed by -right with two (2) single- family dwellings. The applicant, however, is pursuing a Conditional Use Permit under the "Alternative Residential Development" option that permits residential development at a greater density than permitted by -right, subject to the proposal meeting the provisions specked in the Comprehensive Plan for such developments. The Plan recommends that rural residential design "maximize the opportunity for agricultural, equestrian and similar compatible rural activities as part of the residential development. Avoid fragmenting or dividing remaining farmland and open space into small lots" (page168). Staff concludes that the applicant's proposal satisfies this provision of the Comprehensive Plan through the continued use of the two large lots for equestrian purposes. Under the Comprehensive Plan's provisions of "...one dwelling units per 5 acres within areas designated as Soil Area 1 and one dwelling unit per 10 acres within areas designated as Soil Area 2," (page166), the density of the proposed development is in keeping with the Rural Residential Guidelines that are used to Sylvia J. Estes Page 2 of 3 evaluate requests for increased residential density (there are 24 acres in Soil Type 1 and roughly 6 acres in Soil Type 2). The Plan's guidelines are listed in the attached staff report. Rural residential design should complement the rural setting, considering both parcel size and architectural style. This portion of Mill Landing Road has already been developed as small hub of residential development. This is particularly evident when this area is viewed from an aerial perspective. Thus, the proposed units are situated in an area suited for such development. The Development Services Center (DSC), within the Planning Department, has reviewed the submitted floodplain calculations and determined that the area of proposed impact is the minimum necessary for the development. In addition, the DSC has accepted the calculations for the mitigation plan. No dwellings are proposed in the floodplain, just a small portion of the roadway totaling 0.387 acres. Staffs conclusion is that the proposal is consistent with other recent similar requests for Conditional Use Permits for alternative residential development and that subject to the conditions below, the requests for the Floodplain Variance and the Conditional Use Permit are acceptable There was opposition to the requests. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 with 1 abstention to deny the requests. If approved, Staff recommends the following conditions: 1. The final plat shall depict no more than five (5) parcels as configured on the plan entitled "Subdivision of Property Cypress Creek," prepared by Gallup Surveyors & Engineers, dated January 18, 2007. Lot 2, Lot 3, and Lot 4 shall be reconfigured to be as small as possible while meeting all applicable City ordinances in order to preserve as much open space as possible for equestrian and agricultural uses. 2. Landscape buffers shall be established between proposed residential structures and abutting agricultural operations. These buffers shall be at least 50 feet in width and identified as such on the final site plan. The first 25 feet of such area adjacent to an on-going agricultural operation shall be heavily planted with a mixture of grasses and low growing indigenous shrubs; and the second twenty-five feet of such area adjacent to the structure should be planted with a double row of trees with a minimum caliper of 1 % inches and should be centered no more than thirty feet apart. Such trees should consist of a mixture of deciduous and evergreen. A Landscape Plan shall be submitted with the final plat to the Sylvia J. Estes Page 3 of 3 Development Services Center for review and approval prior to the recordation of the final plat. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends denial. Submitting Department/Agency: Planning Department j City Manager. V, • z5� SYLVIA ESTES Agenda Items 15 & 16 August 8, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: (15) Floodplain Variance for development in the 100 year floodplain "o. rt jw Aiternative Huai Deveinoment (16) Conditional Use Permit for alternative residential development ADDRESS / DESCRIPTION: Property located 1628 Mill Landing Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24104403940000 7 — PRINCESS ANNE 37.976 acres The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site for four (4) new lots for single-family dwellings. There will be a total of five (5) parcels, ranging in size from 1.65 acres to 19.62 acres. A Floodplain Variance is requested for fill and development in the floodplain, specifically for the construction of the right-of-way that will serve the four (4) of the five (5) proposed lots. EXISTING LAND USE: Horse farm SURROUNDING LAND North: USE AND ZONING: South: East: West: LAND USE AND ZONING INFORMATION • Nawney Creek / AG -2 Agricultural District • Mill Landing Road, single-family dwellings / AG -2 Agricultural District • Single-family dwelling, agricultural field / AG -1 & 2 Agricultural District • Single-family dwelling, agricultural field / AGA & 2 Agricultural District SYLVIA ESTES Agenda Items 15 & 16 Page 1 NATURAL RESOURCE AND The property is located adjacent to Nawney Creek. The northern portion CULTURAL FEATURES: of the site is encumbered by tidal wetlands and floodplain. The plan depicts 6.251 acres (1.099 acres of upland) set aside for a preservation easement to the Department of Fish and Wildlife. The Southern Watersheds Management Area Ordinance requires a minimum 50 foot wide buffer. This can easily be accomplished and the proposed lots have plenty of depth. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Mill Landing Road is a two (2) lane undivided collector. There are currently no CIP projects scheduled for this section of Mill Landing Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Mill Landing Road 1,198 ADT 6,200 ADT (Level of Service "C") — 9,900 ADT' (Level of Service "D") Existing Land Use z —10 ADT Proposed Land Use 3— 48 ADT Average Daily Trips 2 as defined by one (1) dwelling 3 as defined by five (5) single-family dwellings WATER & SEWER: There is no City water or sewer service available to this property. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the 'Rural Area." The area is characterized as low, flat land with wide floodplains and altered drainage. The Comprehensive Plan recognizes this area as agricultural/rural with uses related to farming, forestry, rural residential, and other rurally compatible uses. The Plan states: "From providing a legacy for a future generation of farmers, to providing habitat for wildlife, keeping taxes low, and maintaining the rural community, the vision for our rural landscape is important" (page 161). SYLVIA ESTES Agenda Items 15 & 16 Page 2 Evaluation: The applicant is proposing both a Conditional Use Permit for an alternative residential development and a Floodplain Variance for the development of a right-of-way to provide access for four (4) new single-family dwelling parcels. There is an existing tree -lined driveway that will continue to serve the existing home. For the purpose of calculating density, the City Zoning Ordinance requires a minimum of 15 acres for each single-family parcel. Thus, this approximately 38 -acre parcel could be developed with two (2) single-family dwellings. The applicant, however, is pursuing a Conditional Use Permit under the "Alternative Residential Development" option that permits residential development at a greater density than permitted by -right, subject to the proposal meeting all of the provisions specified in the Comprehensive Plan for such developments. The Plan recommends that rural residential design "maximize the opportunity for agricultural, equestrian and similar compatible rural activities as part of the residential development. Avoid fragmenting or dividing remaining farmland and open space into small lots" (page168). To assist in implementing the rural area planning objectives, the Comprehensive Plan provides Rural Residential Guidelines that are used to evaluate requests for increased residential density on properties zoned for agricultural use in the rural area of the City. These guidelines are listed below. 1. Subdivide residential lots on soils that possess the best drainage and water table characteristics using the minimum acceptable lot area necessary to achieve development objectives. 2. Illustrate the ultimate plan of development as well as anticipated development phases, if any. 3. Maximize the area of and avoid fragmenting remaining farmland and open space. 4. Locate protective buffers between proposed residential structures and abutting agricultural operations. These buffers should be at least 50 feet in width. The first 25 feet of such area adjacent to an on-going agricultural operation should be heavily planted with a mixture of grasses and low growing indigenous shrubs; and the second twenty-five feet of such area adjacent to the structure should be planted with a double row of trees with a minimum caliper of 1'/z inches and should be centered no more than thirty feet apart. Such trees should consist of a mixture of deciduous and evergreen. 5. Whenever possible, plan developments on non -farmland. In those cases where development is proposed within existing tree cover, design the placement of buildings and driveways so as to save and protect as many trees and other significant environmental features as possible. 6. Minimize all access points along rural arterial roadways. 7. Provide flag lots, where warranted to advance the purpose of this plan, taking into consideration the size of the lots within the subdivision, existing or future tree cover and other pertinent characteristics relating to the need for rural residential privacy and open space. Design appropriate widths for driveways serving flag lots. (e.g. fire truck access) 8. Provide longer distances for rural cul-de-sac streets than is otherwise permitted throughout the City. Locate roadway drainage ditches a sufficient distance from the edge of pavement to enable emergency vehicles to pass around road obstructions. 9. Provide greater streetlight separation distances than is otherwise permitted throughout the City. 10. Protect land for open space purposes through the use of a variety of legal instruments, such as deed restrictions, appropriate zoning classifications, protective easements or transfer to a stewardship agency (e.g. foundations or conservation groups), or through some other appropriate means. 11. Limit the annual rate of development so as to minimize burdens placed upon rural public infrastructure. The applicant's request is acceptable, as conditioned, with the limited, low-density development options outlined in Chapter 6 of the City's Comprehensive Plan: "...a Conditional Use option allowing a slightly higher calculated density of one dwelling units per 5 acres within areas designated as Soil Area 1 and SYLVIA ESTES Agenda Items 15 & 16 Page 3 one dwelling unit per 10 acres within areas designated as Soil Area 2" (page166). With roughly 24 acres in Soil Type 1 and roughly 6 acres in Soil Type 2 as shown on the survey, the proposed development is in keeping with the guidelines above. Rural residential design should complement the rural setting, considering both parcel size and architectural style. This portion of Mill Landing Road has been developed as small hub of residential. This is particularly evident when this area is viewed from an aerial perspective. The Development Services Center (DSC), within the Planning Department, has reviewed the submitted floodplain calculations and determined that the area of proposed impact is the minimum necessary for the development. In addition, the DSC has accepted the calculations for the mitigation plan. No dwellings are proposed in the floodplain, just a small portion of the roadway totaling 0.387 acres. Staffs conclusion is that the proposal is consistent with other recent similar requests for Conditional Use Permits for alternative residential development and that subject to the conditions below, the requests for the Floodplain Variance and the Conditional Use Permit are acceptable. CONDITIONS 1. The final plat shall depict no more than five (5) parcels as configured on the plan entitled "Subdivision of Property Cypress Creek," prepared by Gallup Surveyors & Engineers, dated January 18, 2007. Lot 2, Lot 3, and Lot 4 shall be reconfigured to be as small as possible while meeting all applicable City ordinances in order to preserve as much open space as possible for equestrian and agricultural uses. Landscape buffers shall be established between proposed residential structures and abutting agricultural operations. These buffers shall be at least 50 feet in width and identified as such on the final site plan. The first 25 feet of such area adjacent to an on-going agricultural operation shall be heavily planted with a mixture of grasses and low growing indigenous shrubs; and the second twenty- five feet of such area adjacent to the structure should be planted with a double row of trees with a minimum caliper of 1'/2 inches and should be centered no more than thirty feet apart. Such trees should consist of a mixture of deciduous and evergreen. A Landscape Plan shall be submitted with the final plat to the Development Services Center for review and approval prior to the recordation of the final plat. 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 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. SYLVIA ESTES Agenda Items 15 & 16 Page 4 AERIAL OF SITE LOCATION SYLVIA ESTES Agenda Items 15 & 16 Page 5 NAS MILL LANDING RTAD (W rL a. P. ,7 .a ..cs roc , ncz ms RPOaaLVw1O�'ieanoo a .i ILL�L1. �. 13 PROPOSED SUBDIVISION SYLVIA ESTES Agenda Items 15 & 16 Page 6 1 10/10/88 CUP (single family dwelling) Denied Subdivision Variance Denied 2 05/11/04 Subdivision Variance Granted 3 07/09/91 Subdivision Variance Granted Conditional Use Permit (single family Granted dwelling) Change of Zoning AG -1 to AG -2 Denied ZONING HISTORY SYLVIA ESTES Agenda Items 15 & 16 Page 7 a z c Al. 40QQVO. 8�°Qc¢aem> a iEe� �ptC ;I LaC GZ DZ'aQppC Ws D= noocoo 8� E e c'g�ET c _�E FO�t_ I j �� ,EqN �FO 1^VOO�°yJ p O m� I 10 I LML p� TSL C tl CQ # 9 p Vl KOLLPJl7ddtl IlMad flSI11tlN0IJ.IQNO3 Z C� G Q LID 19 O U to 0 DISCLOSURE STATEMENT SYLVIA ESTES Agenda Items 15 & 16 Page 8 N a 4 ° L i a O = H G w ti I 2 <a`,3nc �-_ �O m� g� e.4 iE O: O I= O p m` L C t y _ a =° S78 i= , O X'' v S 12 I Y V DISCLOSURE STATEMENT SYLVIA ESTES Agenda Items 15 & 16 Page 8 Items #15 & 16 Sylvia J. Estes Floodplain Regulations Conditional Use Permit 1628 Mill Dam Road District 7 Princess Anne August 8, 2007 "I XV11111 _ 91 Barry Knight: Mr. Strange. The next item to be heard. Joseph Strange: The next items are items 15 & 16, Sylvia J. Estes. An application of Sylvia J. Estes for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations, on property located at 1628 Mill Landing Road, and an application of Sylvia J. Estes for a Conditional Use Permit for an alternative residential development, on property located at 1628 Mill Dam Road, District 7, Princess Anne, with two conditions. Greg McCracken: Good afternoon. My name is Greg McCracken. I'm a Virginia Beach attorney. I'm pinch-hitting here for my partner Monis Fine, who had the foresight to go on vacation to Alaska prior to this heat wave. I may lack some familiarity with this case. I apologize if I'm unable to answer some of your questions. We're here today on behalf of Sylvia Estes. She is the owner of the piece of property. She is seeking to divide it with a road. As I look at the map and orient it, placing a road down the northwestern side, it would come back into the creek on the back of the property and create three residential lots. My understanding in speaking with her is that these lots have already been reduced to the minimum size based upon the road frontage. As a bit of background, I understand that this is the fourth redraw of this. This is the road here. Obviously, the lots back along the creek. This is the fourth redrawing of this. Initially, there are some neighbors. There are three lots here, and trying to put the houses here caused some problems with those neighbors, and trying to put them here caused some problems with the neighbor over here. I understand there is neighbor here that may have some problem with the road. I don't know if I'll hear the folk speak. The purpose of the size of lots 1 and 5 is to allow Ms. Estes, she has two daughters, is to allow her for estate planning purposes to address her property with regard to her family. And, obviously, the three lots back there being on the creek or on the water would create the maximum value for her being able to do this. You can see there is already three houses here. There is some density in here, and it actually doesn't change the character of it. There is the issue of the driveway going down here. You would actually be putting the entranceway in this person's window. There was some objection to that. So, it would allow her to use her land in a way that is most beneficial to her and her family. It would allow her to develop three lots, which, economically, is beneficial to her and her family. It would also eliminate some runoff issues. I understand that back here, because this largely a horse farm and putting three residential lots back there, would eliminate some issues with regard to runoff into the watershed. I understand there were some previous issues with that. So, I'm happy to answer any questions or respond to any opposition. Items #15 & 16 Sylvia J. Estes Page 2 Barry Knight: Ms. Wood? Dorothy Wood: Thank you very much for coming. You said this was for estate planning? So, this would only be in her family? They would not be for sale? Is that correct? Greg McCracken: It is my understanding right now ma'am, that the purpose of developing the two larger lots is to for estate planning purposes, to provide for her two daughters each a piece of land out of this larger piece of property. Dorothy Wood: So they won't be sold? Greg McCracken: No ma'am. It is not Ms. Estes' intent to move off the property at all. It is her intent to stay there. But to give her a rezoning, the bigger lot, lot 1 and lot 5, the option and her intent is to give in some fashion. I'm not an estate planning lawyer. I know there are many different ways and vehicles to do that, but to give her the opportunity to provide each of her daughters with a piece of property to her estate planning. Dorothy Wood: So, what I'm saying then is that Lot 1, 2, 3, and 4 will not be sold? Greg McCracken: No ma'am. Dorothy Wood: She lives on Lot 5. Greg McCracken: She lives on Lot 5. She will stay there. The ones to be sold will be Lots 2, 3, and 4. Her intent is to through her estate planning to buy and give one daughter Lot 1 and one daughter Lot 5. Ms. Estes has no intention right now of leaving the property. It is simply to provide through her estate planning for her daughters when, as we all do when she eventually passes. Dorothy Wood: I'm sorry but I misunderstood you. You said it was estate planning. So, she is selling? Greg McCracken: Yes ma'am. I'm sorry. Dorothy Wood: She will sell Lots 2, 3 and 4. 1 thought it was all staying in the family. Greg McCracken: In addressing the two larger lots, because when you look at this, you got Lots 2, 3 and 4, which are smaller. The intent is for those to be sold. The intent with the two larger lots, because of discrepancy, because when you look at this, Lots I and 5 are out of proportion of 2, 3 and 4. The intent of that is to allow her to sell Lots 2, 3, and 4. Items #15 & 16 Sylvia J. Estes Page 3 Dorothy Wood: When this was a farm, I guess at one time probably was the farm on all sides come all the way to the road? Has it already been subdivided? Do you know Mr. McCracken? Greg McCracken: It is my understanding the three lots up here have been. If you look, and I was reading the packet, if you look over at the history, it looks like Lot 2, which is over here (pointing to PowerPoint) on this side, that on May 11, 2004, a subdivision variance was granted. Lot 3, which is actually across the creek and out of this view, the variance was granted on July 9, 1991. A Conditional Use Permit was granted on July 19, 1991, as well as a Change in Zoning. Actually, that was denied, so, on two of the three surrounding pieces of property, here and here, that has already occurred. And, you can see right there on these three, it has already occurred. So, there has been a change in the nature and character of the surrounding properties prior to the change in the nature and character of this piece of property. It is actually (inaudible) the surrounding pieces of property. Dorothy Wood: Thank you sir. I appreciate it. Barry Knight: Are there any questions of Mr. McCracken? Thank you sir. Joseph Strange: Sylvia Estes would like for us to know that she is here and is available for questions. Greg McCracken: That is correct. Barry Knight: Thank you. Joseph Strange: Speaking in opposition is Timothy Lee. Barry Knight: Welcome Tim. Timothy Lee: Mr. Chairman. Barry Knight: Please state your name for the record. Timothy Lee: My name is Tim Lee. I'm here in opposition of this subdivision. I live right here (pointing to PowerPoint) on this piece is where I live. I'm also representing my father-in-law who owns the piece of property right here between them and this lot over here. We're opposed to it because of the number of houses they are putting on the property. A little bit of history, which has already been spoken about, is that prior to 1994 when it was subdivided three times putting four houses on the forty acres, it was sold, back in 1994, to a Jessie Barton, who converted the farm into a horse farm, which is a current working horse farm now. And, now, the Commission is being asked to approve four additional lots. In doing so, it requires a road because there isn't enough room on the road to put four lots. There is a little over 500 feet of road front there; so, you can't get four lots for the City's minimum lot size on the road; so, a road is needed in order to Items #15 & 16 Sylvia J. Estes Page 4 put that many houses back there. By doing that, you're bringing a road approximately 800 feet back. You're creating additional runoff, and I think her attorney stated that it was an improvement. I'm going to say that it is not an improvement, because when you put asphalt over agricultural land that does not drain, it increases more runoff. And, most of the runoff to this side is going to drain into a ditch that runs from here back to the creek. So, the water that comes off of that property is going to increase and is going to flow back into Nanney's Creek, which is currently being looked at because it is kind of a danger due to high bacteria levels, and this is only going to increase that problem. It is not going to be an improvement. One of the other things that is not attractive about the project is the property is being split basically in half. All the subdivisions occurring on a 13 -acre piece of land. There is 37 acres total. I believe six of it is being conveyed to Fish and Wildlife Department, and the remaining acreage is being split over on a piece of land that is about 13 acres. Ed Weeden: You have about 35 seconds. Timothy Lee: Okay. In the past, the Commission and the City has always tried to minimize its impact on the environment and the community when you look at a subdivision. And, I would like to say that this subdivision is not the minimum. It's the maximum. I also have some petitions here signed by the landowners that run both sides of that road that are opposed to it also. Barry Knight: Mr. Lee, would you give the petitions to Mr. Redmond? Mr. Redmond, would you pass it around? Timothy Lee: Thank you. Barry Knight: Are there any questions for Mr. Lee? Thank you. Joseph Strange: The next speaker in opposition is Ashton Lee. Barry Knight: Welcome ma'am. Please state your name for the record. Ashton Lee: Ashton Lee. I'm here today to oppose the subdivision of Cypress Creek Farms. I own the property adjacent to the proposed project. It has been in my family for many years. I've been a member of the Virginia Beach (inaudible) for eight years. With the approval of this subdivision, I will have to ask permission of the residents of these homes for permission to raise my lamb, sear and hawk. The animals are not quiet, and they could easily complain and tell me no. This is really dear to my heart, a huge part of my life. I would very upset to lose it. Thank you. Barry Knight: Thank you. Are there any questions? Thank you Ms. Lee. Joseph Strange: Our next speaker in opposition is Floyd Waterfield. Barry Knight: Welcome. Items #15 & 16 Sylvia J. Estes Page 5 Floyd Waterfield: Mr. Chairman and ladies and gentlemen of the Planning Commission. Thank you for letting me speak to you. I wasn't going to speak to you, but there was a misunderstanding. Barry Knight: Floyd? Floyd Waterfield: I'm sorry Mr. Knight. I'm Floyd Waterfield. I have lived right next door to this for 70 years. It has been in the family on both sides for 150 years. So, it is not something that I take lightly. First of all, if you approve this, there is not another resubdivision in the Princess Anne area like this. I have looked. I have researched it and there is nothing there for you to hang your hat on far as putting this there. By right, one can be built, and there are already four on that property. I realize that the others were done back earlier but there are four houses there now on that piece of property, on that 39 acres of property. We do not support that. We have over 50 petitions that were signed. A couple of them didn't live there, but they really don't want the development because they're there. They're neighbors. They're friends and so forth. I really don't want to get. I got two minutes. We're talking about teenage daughters. Who knows what is going to happen with that. They could come back at a later date when they get of age. When you're talking about setting it aside now, you're going to take out. We have bean, corn, wheat. We get complaints from them. Most of you went down there. I did have a couple of neighbors here and also family. So, if I can get them to stand? Barry Knight: Yes sir. Floyd Waterfield: I'll stop there. If you have any questions later, now, or whenever, I'll be glad to answer them? Barry Knight: Are there any questions of Mr. Waterfield? Floyd Waterfield: Sir? I'm sorry. Barry Knight: No one has any questions. Floyd Waterfield: Thank you. Barry Knight: Mr. Strange? Joseph Strange: That concludes our speakers. Barry Knight: Mr. McCracken? Greg McCracken: It seems to me that, and I don't know the history of this, and whether it is a neighborly, but it seems like the neighbor has been able to develop their property, but there seems to be some opposition to Ms. Estes developing her property in a manner that is most beneficial for her and her family. As far as the estate planning goes, no one knows when our last day of walking is going to be here. Not to the extent that she is able Items #15 & 16 Sylvia J. Estes Page 6 to provide for her family, and she should be entitled to do that whether it is through estate planning with her property or otherwise. I think to prevent her from doing that on this basis would deprive her of full use of the property. As far as the road down this side, there is a favorable staff recommendation. I think condition 2 is the landscaping pertaining to that, which is agreeable to that. She is agreeable to the conditions. The only other thing that I can suggest, and I discussed it briefly with her, and it is not on the plan, is you can potentially move the road here and make it a two lane road. This road right now is lined and landscaped with Bradford pears, and you can make an inbound lane and an outbound lane, and landscape and just move the condition here to landscape this side of it. That would seem to be the only other way to do it. There is not really another way. When you look at the impact of this, this is the furthest back corner that you can put it and still divide the property and make it useful, and have the least impact. A favorable study and based on that opposition, we request that the Commission look favorably upon this application. Barry Knight: Thank you. Are there any questions of Mr. McCracken? Mr. Crabtree? Eugene Crabtree: Mr. McCracken, looking at the map here with Lot 1 and Lot 5, which you indicated is going to stay in the family. And this property has incurred this moment is an equestrian farm and centered. Does Mrs. Estes and her daughters plan on keeping Lot 5 and Lot 1 as an equestrian center and as a horse farm? It is active now but and do they intend to keep it an active horse farm? Greg McCracken: I have no indication that Mrs. Estes is willing or able to give up her horses at this time. The purpose, and obviously as I've stated for estate planning purposes, is for her daughter and for economic benefit for her family. It is not to sell this piece of property and divide it into these three small lots, as I indicated she intends to put on the market but for the two larger lots right now. Ms. Estes will retain those as an equestrian farm, horses, riding, but it will allow her flexibility and the ability to provide for her daughters for estate planning purposes. Barry Knight: Do you have any other questions Mr. Crabtree? Eugene Crabtree: Those were the only questions that I had. Barry Knight: Are there any other questions for Mr. McCracken? Joseph Strange: There are no other speakers. Greg McCracken: Thank you very much. Barry Knight: Okay. We'll open it up for discussion among the Commissioners. Who wants to start? Dorothy Wood: I would like to make a motion if it is time? Items #15 & 16 Sylvia J. Estes Page 7 Donald Horsley: I've been familiar with this piece of property, I guess close to 40 years. The attorney is right. There were three lots, and it was divided off early on because the farmer that lived there back several years ago needed to generate some funds; so, he had to sell off a couple of lots to help him in his farming operation. Then later on, he sold the farm, and it was sold to some folks who did an outstanding job of making it a horse farm. So, like it has been mentioned, we ended up with four units on that piece of property, roughly forty acres. I don't think it is quite forty but it is roughly that. It has been developed into a horse farm, and now the new owner, Ms. Estes, wants to further divide it up. There are ways we can divide that agricultural land up in the city. There are ways that people can recoup value from their land in the city, agricultural land that is, and also through the Agricultural Reserve Program. I don't know if she looked into this or not. It is a possibility. We try not to impact the neighborhood any more than we can with these alternative residential developments in the rural area. And, by this property already having the number that is on it in close proximity, and I know this was said this morning was across the road there. The lots developed across the road were developed when the development had the old regulations about road frontage about having so much feet of road. That is why you don't see any developments behind these because the only place we could develop was on the road frontage. That is the reason why you see these developments occur. The City got smart and said that wasn't the best way to develop the city and that is when we changed regulations and started developing in other ways. It is my impression, and I appreciate the goals of Ms. Estes with her estate planning and whatever, I mean this can be divided into two parcels by -right right now. She has got two daughters. She can get the two units and get them divided now. I'm not really in favor of putting three new lots back on Nanney's Creek. There is some discussion going on about Nanney's Creek. I think, Barry, we talked about it this morning, and it is listed as an impaired waterway. And there are discussions going oh, and I would be remiss today to approve three new lots to drain directly into Nanney's Creeks. Realizing that, I think the committees that some of us serve on would chastise us if we were trying to help clean up the creek and then, we approve three lots that drain directly into the creek. I don't think that is actually the right thing to do at this present time or at least until that study is finished. Mr. Whitney made some comments leading to that. At this time, I'm not in favor of developing or granting this Conditional Use Permit plan today, because of those reasons. I don't think it is right to put three new lots on Nanney's Creek. I think it is an impact to the neighborhood to allow four more houses to be built on this piece of property. So, that is kind of the way I feel right now. If anybody has any questions, I'll be glad to help them out. Barry Knight: Thank you Mr. Horsley. Mr. Redmond? Dave Redmond: I would like to concur with Mr. Horsley. I think there is a difference between what can do and what we should do. I think it is the posture of the balance of our community that most rural parts of the city should, at least for the time being, remain rural parts of the city. They're not going to be that way forever. Forever is a long time. But I think they should now. I'm uncomfortable, like Mr. Horsley is with the number of lots. What the applicant can do by -right, the applicant can do by -right. I don't think we're compelled by virtue of having the provision within the Code that we can do this, Items #15 & 16 Sylvia J. Estes Page 8 necessarily to do so. And, I'm uncomfortable with this. I'm uncomfortable with the additional density in this place. And, I'm uncomfortable because we as a community have a broader, more comprehensive attitude that this part of the city is going to develop more rapidly and more densely that currently it is, and we do. But, I don't believe that is where we are as a community right now. And, so that is a big place, and I understand that. I know the sky won't fall if this approved. I'm still uncomfortable with it, and I agree with Mr. Horsley's reasons. As a result, I'm not going to support the application. Barry Knight: Thank you Mr. Redmond. Mr. Crabtree? Eugene Crabtree: I'm more concerned with the environmental impact. And as all that Mr. Horsley said, the driveway is going to drain into the ditch. The ditch is going to drain into Nanney's Creek. Those lots will drain into Nanney's Creek. I think that Nanney's Creek is in danger as we all know. Because of the environmental impact, I would just like to see it stay a horse farm. Of course, I like horses anyway. If financial burden is there, then I think they can research the possibility of the Agricultural Reserve Program that Mr. Horsley recommended in order to assist the impact on financial needs. I think I'm going to have to stand with Mr. Horsley and Mr. Redmond on this, but mine is primarily because of the environmental impact. Barry Knight: Thank you Mr. Crabtree. Is there any other discussion? The Chair will entertain a motion. Mr. Henley? Al Henley: For the record, I provided prior to me coming on the Planning Commission, being appointed on the Planning Commission, I provided consultation services for the applicant; so, therefore, I have to abstain on this particular application. Barry Knight: So noted Mr. Henley. Mr. Horsley? Donald Horsley: I make a motion that is application be denied for the reasons stated previously. Dorothy Wood: Second. Barry Knight: There is a motion on the floor by Don Horsley to deny application agenda items 15 and 16 and a second by Dot Wood. Is there any other discussion? A vote in the "AYE" is a vote to deny. I'll call for the question. AYE 8 NAY 0 ABS 1 ABSENT 2 ANDERSON ABSENT BERNAS ABSENT CRABTREE AYE HENLEY ABS HORSLEY AYE KATSIAS AYE Items 415 & 16 Sylvia J. Estes Page 9 KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 8-0-1, the Board has denied the application Sylvia J. Estes has been denied. Barry Knight: Mr. Strange? Joseph Strange: There are no other items. Barry Knight: The meeting is adjourned. Mark L. Ost t1 1608 Mill Landing Road Virginia Beach, Virginia 23457 (757)721-0224 City of Virginia Beach Planning Department Municipal Center Building 2 Room 1 I5 2405 Courthouse Drive Virginia Beach, Virginia 23456-9040 Reference: Variance Application for property located at 1628 Mill Landing Rd. GPIN 241.0440394. Sylvia Estes applicant. Dear Sirs In response to your notification letter, received on 4/20/2007,1 would like to comment on the proposed Floodplain Variance and Permit for Alternative Rural Development submitted by Ms. Estes. I have two concerns about the proposed development: the quality of life in the remaining part of Virginia Beach zoned for agriculture, and a larger societal concem about the impact of constructing properties in high risk floodplain areas. We have all seen the impact of development. north of Indian River Road, such as increased traffic congestion and suburban sprawl without the commensurate expansion of infrastructure such as roads and school construction. I believe that many of our citizens will attest to the diminishment of the overall quality of life in such conditions. The construction of more housing units and subdivisions are slowly encroaching on the last low density housing area in Virginia Beach. It is my opinion that the character and quality of the neighborhood will suffer from more housing construction and increasing population density. The rural nature of this last corner of Virginia Beach will be eroded by allowing more construction of housing units. The second and greater concern is the placement of expensive housing units on land that is at high risk to flooding and rising sea levels. As a professional geologist, I am concerned about construction of properties in areas that are exposed to flooding and represent further impacts on the Back Bay Watershed. The proposed location near Nanny's Creek, on a recognized floodplain, is very problematic. We all are aware of rising homeowner's insurance costs incurred by poor placement of expensive coastal housing in hazardous zones. All of us pay increasing premiums for all our homes, regardless of location, to offset the considerable insurance costs incurred by damage from rising sea levels, flooding, and weather events. Insurance companies are now declining to write any homeowners policies in coastal Virginia, and North Carolina. In light of recent events in Florida and Louisiana, the time has come to hold the line on risky development. In summary, I have concerns about the expansion of more housing units in inappropriate locations from a quality of life perspective and an economic/ecological perspective. Wise development is an asset to the community. Poor development will be a liability to all of us. Thank you for your consideration. ark Lawrence Ost 0 May 08 07 04:24p David and Nancy Daugherty 1625 Mill Landing Road Virginia Beach, VA 23457 Re: GPIN2410440394 # 8 & #91 5/9/07 Sylvia J. Estes Staff Planner: Carolyn A. K. Smith My husband and I moved to this quiet street on September 13, 1991. We have lived in the area since 1976. We moved to the area from the suburbs of Virginia Beach. Our purpose was to live in a quiet rural area where we could raise our 3 children in the wide- open spaces in the country. They were able to ride their bikes safely on the streets, play in the yard and do the things kids do without bothering the neighbors_ It is our fear that if several houses were to be built across the street it would change the quietness we have enjoyed for the past 16 years. There has been little change around us except for the new culvert that was built last fall. It did give all the neighbors a chance to ride our bikes down there to check out the progress and talk. The biggest issue we talked about, other than when will they finish so we don't have to go the long way around was how no one wanted the new houses to go up across the street. My husband and I even signed a petition along with our neighbors against the houses being built. Having houses built across the street will probably raise our home assessment, it will certainbr increase the traffic on the street and depending on how close they are built to existing homes it will affect our privacy. We hope you consider our concerns and not allow houses to be built on Mrs. Estes' property. My husband and I are not able to take off work to come to the hearing so thank you for allowing us to fax this, letter letting you know how we feel. Sincerely, 1 covZ. vj Nancy Daugherty p.2 Petition to Oppose 1628 Mill Landing Road Sylvia J. Estes Cypress Creek Subdivision of Property Printed Name Signature Address T -Comment Date7 GI�z ; II L*tt-Lim ?A.- Flopa cr - k Z eA ce g J -H i ej Kay -R U4FL, AuPOQ EI -I wb� w - t 1-7,co A.4j i I Lcutu- 0//fw&w'I Id- hA810 w PS3 14)w 6 1 7D v- mv Petition to Oppose 1628 Mill Landing Road Sylvia J. Estes Cypress Creek Subdivision of Property Printed Name Signature Address Comment Date i am A I ten To f/ d�24 he: --A 1, aw- i A r- I 6L iVrl 2 17 4-c L Petition to Oppose :1628 Mill Landing Road Sylvia J. Estes Cypress Creek Subdivision of Property Printed Name s Signature Address F comment Date n 4i iWtow+cy.. 5 44 Atcey t s 0 W- ZI: �Jkz 5, K )j Z/r- C.�-A ew "v 41A; *Z;-4 4, Xeep L NO roj U n, �j tow!., IcQ& md] WIX I CA d/. c VVi L j DD6 4> L—A CIO loot Petition to Oppose 1628 Mill Landing Road Sylvia J. Estes Cypress Creek Subdivision of Property Printed Name Signature Address Comment i Date M4 �O (,,-g -[71 L c M* U Lorld, .............. V 64k .Al CUP for Auto Repair Garage CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Lot 26, L.L.C. for a Conditional Use Permit for an automobile repair garage on property located at 491-99 London Bridge Road (1497804054). DISTRICT 6 — BEACH MEETING DATE: September 25, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for a motor vehicle garage for heavy engine repair, body work and mechanical diagnosis. There are five (5) existing buildings on the site with a single ingress/egress along London Bridge Road. A Conditional Use Permit was approved for one of the building's located on this site for automobile repair in 1989. The applicant now wishes to expand the permit to the entire three (3) acre site. ■ Considerations: As noted above, City Council approved a similar request for an automobile repair garage for a building on this property in 1989. The current request will expand that approval to all structures on the site. The Comprehensive Plan identifies this site to be within Strategic Growth Area 9. Low intensity industrial uses that conform to AICUZ provisions are suitable for the southern and eastern part of this Strategic Growth Area. The property is located within the Greater than 75 dB DNL AICUZ and is in close proximity to APZ-2. The uses in the vicinity are generally industrial in nature, consistent with the uses compatible within this AICUZ and APZ. The proposed heavy motor vehicle repair use is compatible with the AICUZ and the surrounding uses and is deemed appropriate subject to the conditions below. The Planning Commission placed this item on the consent agenda because they concluded the use is compatible with AICUZ and surrounding uses, the existing operation has operated since 1989 without complaint, and there was no opposition present at the hearing. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: Lot 26, L.L.C. Page 2 of 2 1. No tires for sale, merchandise, or parts shall be displayed or stored outside. 2. All motor vehicle repair must take place inside the building. 3. No outside storage of equipment, parts, or materials shall be permitted. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: LOT 26, LLC Agenda Item 13 August 8, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Conditional Use Permit for automobile repair garage C:U' W AWO N.. yr Garage ADDRESS / DESCRIPTION: Property located at 491 — 499 London Bridge Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14978040540000 6 - BEACH 3.251 acres The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site for motor vehicle garage for heavy engine repair, body work and mechanical diagnosis. There are five (5) existing buildings on the site with a single ingress/egress along London Bridge Road. A Conditional Use Permit was approved for a portion of this site for automobile repair in 1989. The applicant now wishes to expand the permit to the entire three (3) acre site. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Industrial uses SURROUNDING LAND North: . Single-family residential, woods / R-10 Residential District, B-2 USE AND ZONING: Community Business District South: . Apartments / 1-1 Light Industrial District, B-2 Community Business District East: . Office, London Bridge Road, NAS Oceana / 1-1 Light Industrial District, 1-2 Industrial District West: . Woods / R-10 Residential District NATURAL RESOURCE AND The property is almost entirely impervious and, as such, there are no CULTURAL FEATURES: significant environmental or cultural features on the site. LOT 26 Agenda Item 13 Page 1 AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn and is very close to APZ-2 surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): London Bridge Road in the vicinity of this site is a four (4) -lane divided minor suburban arterial. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic London Bridge 20,600 ADT 26,000 ADT (Level of Existing Land Use — Road Service "C") 247 ADT Proposed Land Use 3- 247 ADT 'Average Daily Trips Z as defined by industrial uses 3 as defined by industrial uses — no anticipated changes as a result of this application WATER: This site has an existing water meter that may be used or upgraded. There is a 12 -inch City water main in London Bridge Road and an eight -inch and a six-inch water line in a public utility easement.on site. SEWER: This site is already connected to City sanitary sewer. Analysis of Pump Station #514 and the sanitary sewer collection system may be required to ensure future flows can be accommodated. There is an eight -inch City gravity sanitary sewer main in London Bridge Road and an eight -inch gravity sanitary sewer main in a public utility easement along the southern property line. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan recognizes this site to be within Strategic Growth Area 9. Low intensity industrial uses that conform to AICUZ provisions are suitable for the southern and eastern part of this Strategic Growth Area. Evaluation: This request for a Conditional Use Permit for automobile garage is acceptable and recommended for approval. In 1989, City Council approved a similar request for an automobile repair garage for a building on this property. This request will expand that approval to all structures on the site. The property is located within the Greater than 75 dB DNL AICUZ and is in close proximity to the APZ-2. The uses in the vicinity are generally industrial in nature, consistent with the uses compatible within this AICUZ and APZ. LOT 26 Agenda Item 13 Page 2 The proposed heavy motor vehicle repair use is compatible with the AICUZ and the surrounding uses and is deemed appropriate subject to the conditions below. CONDITIONS 1. No tires for sale, merchandise, or parts shall be displayed or stored outside. 2. All motor vehicle repair must take place inside the building. 3. No outside storage of equipment, parts, or materials shall be permitted. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 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 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. LOT 26 Agenda Item 13 Page 3 AERIAL OF SITE LOCATION LOT 26 Agenda Item13 Page 4 PROPOSED SITE PLAN LOT 26 Agenda Item 13 Page 5 1 01/28/03 02/26/02 CUP (tattoo parlor) Granted CUP tattooparlor) Granted 2 03/28/00 Street Closure Granted 3 05/22/89 CUP auto repair) Granted 4 04/24/89 CUP(pistol range) Granted 5 1 05/08/89 CUP (auto repair) I Granted ZONING HISTORY LOT 26 Agenda Item 13 Page 6 Id C O I 75 c,$i� C G 10'1 N _ 3W Op CmLN m°C $ m m I Sm -N — •` U C° - mcc �c �mp 19ua c� Z m vi O d i �30o m°10��Lo�o= U 1=_ I z. 0° e 9 p O L C m O Y N C C E C m j O N C 2.8 Q L O: p L C 0 0 C-�� W��g� n c „EE -oF$o mdom o i mN�Ecco ESV ° = O EW c 0 ac; �;c° Umc J W 0o mH�S m�E�o. ac m C a S-6 E E z i 4 qmc0060 Q y y 0 0 0 00 N_ 0 00 0 U 0 Z y R y: 7 =a EEp"0wotm ' i6 —"V O y U W. 0 7 C 01 ~ m1 I G N 6 - o Cp i m 0 W 0 y W J t m N � L :.. m m O C C � •� F p 3 m = N� m� m L p j 0 0 J N m. 0! '030 yl' N T 0 `p p; E C 12 '. W 00 a�N�9'-=pOM SII 9C ==�C=COCK W�OZ C G > 0- C m L L b y O 0 L C $W a ZcSm,t 'w= m O t 0 J E 3 W m¢ 7 °� fd m"°oo�°p�mno 4m9 m0r� m 0h :_ ja Cp ¢� QTC,L•, O Ymmm �I Z O gym WmyL .mQ� m_SyuE0�o. NCzm06 a�oou C O I 75 c,$i� m N _ gag$°sa $ m m I Sm -N — •` U i O d — toS m naSo``c I 1=_ 3t m C O L C m O Vgmm$o m p F m V m v m W��g� n c g8 S NOIZd'J17ddV 11WHRd SSR WN011laNO3 f.. Z W W F - Q U) NW Y. N O U U) 8 mm o _ o C O m W o a e v 0 4 o =a I 0 J N r 0 Z G ° O E C 12 '. W W L Q,2 ZcSm,t 'w= yo O a�oou TL Rz Eo O., W m W c F 1n- 1 m r..0. 3 0 E �t EE U Iu V J! C V O m y N'. G C N 7 ' N C L L ` Q .� N G II : ❑ U� � � N I DISCLOSURE STATEMENT LOT 26 Agenda Item 13 Page 7 Item 413 Lot 26, L.L.C. Conditional Use Permit 491-99 London Bridge Road District 6 Beach August 8, 2007 CONSENT Bang Knight: The next agenda item slated for consent is agenda item 13, Lot 26, L.L.C. An application of Lot 26, L.L.C. for a Conditional Use Permit for an automobile repair garage on property located at 491-99 London Bridge Road, District 6, Beach, with four conditions. Welcome. Jeff Maynard: Good afternoon Mr. Chairman and members of Planning Commission. For the record, my name is Jeff Maynard. I'm a Virginia Beach attorney on behalf of Lot 26. We have reviewed the conditions and accept them. Barry Knight: Great. Is there anyone here today who objects to agenda item 13 being placed on the consent agenda? If not, Dot Wood, would you please explain this to us? Dorothy Wood: Yes. Thank you Mr. Chairman. The applicant requests a Conditional Use Permit to allow development of.a site for a motor vehicle garage for heavy engine repair, bodywork and mechanical diagnosis. The request for the Conditional Use Permit for automotive garage is acceptable and recommended. This request will expand the approval for structures in the greater than 75 dB, and it is close to the APZ2. So, that would not be appropriate for residential. The proposed heavy motor vehicle repair is compatible with the AICUZ and surrounding uses and is deemed appropriate subject to the four conditions. Barry Knight: Thank you Ms. Wood. That is our last item slated for consent. The Chair will entertain a motion. Joseph Strange: I make a motion Mr. Chairman that we consent item 13, Lot 26, L.L.C., District 6, Beach, with four conditions. Barry Knight: Thank you. A motion made by Joe Strange and seconded by Dot Wood for approval of the consent agenda item 13. Do I hear any discussion? I'll call for the question. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON ABSENT BERNAS ABSENT CRABTREE AYE HENLEY AYE HORSLEY AYE Item #13 Lot 26, L.L.C. Page 2 KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 9-0, the Board has approved item 13 for consent. Barry Knight: Thank you. B-9 D. Vallev. LLC for Motor Vehicle Sates and Kental CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of J. D. Valley, L.L.C. for a Conditional Use Permit for motor vehicle sales and rental on property located at 6119 Indian River Road (GPIN 1456430612). DISTRICT 1 — CENTERVILLE MEETING DATE: September 25, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow redevelopment of the site for the sales and rentals of motor vehicles. ■ Considerations: The 0.693 acre site will have a motor vehicle sales establishment. Ingress and egress to the site will be the same as it is currently, from Indian River Road and Old Providence Road. There will be 50 vehicles for sale on the lot, and there will be at least five employees. The hours of operation will be from 9:00 a.m. to 7:00 p.m. The applicant will use the existing building, formerly a fast food establishment, and will replace the existing signage on the building. The applicant will also install a monument -style sign to replace the existing free- standing sign located on the premises. Street frontage and foundation landscaping will be required during plan review. The request is consistent with the recommendations of the Comprehensive Plan, and with the recommended conditions below, will be compatible with uses in the surrounding area. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 7-1 with 1 abstention to approve this request with the following conditions: 1. The proposed site plan shall clearly depict the customer and employee parking, vehicle display areas, and the proposed landscaping. No business license shall be approved until said site plan is reviewed and approved by the Department of Planning and a Certificate of Occupancy has been issued for the site. J. D. Valley, L.L.C. Page 2 of 2 2. The existing pole sign shall be replaced with a freestanding monument style sign, no more than eight (8) feet in height. The base of the sign shall be made of the same or similar brick material as the building. 3. The applicant shall provide streetscape landscaping along Indian River Road, and an evergreen hedge along Old Providence Road. Building foundation screening shall also be provided. 4. The existing shed behind the building, the menu board, and drive-thru signs shall be removed. 5. There shall be no pennants, streamers, balloons, portable signs, menu board signs, or banners displayed on the site or the vehicles. 6. Vehicles shall be parked within the designated areas, and no vehicles shall be parked within any portion of the public right-of-way. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. 7. No outside paging system or speakers shall be permitted. 8. The building shall be painted in earth tone colors, and the building trim and accents may be painted with a primary color that the applicant uses to identify the business. 9. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from any adjoining properties. Outdoor lighting fixtures shall not be erected any higher than 14 feet. A photometric (lighting) plan shall be submitted for review prior to issuance of the business license. ■ 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: 5zv ty'-Vt J.D.VALLEY, L.L.C. Agenda Item 5 August 8, 2007 Public Hearing Staff Planners: William Lucas and Faith Christie REQUEST: Conditional Use Permit for Motor Vehicle Sales and Rental ADDRESS / DESCRIPTION: 6119 Indian River Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14564306120000 1 - CENTERVILLE 0.693 acres The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST redevelopment of the site for the sales and rentals of motor vehicles. The 0.693 acre site will have a motor vehicle sales establishment. Ingress and egress to the site will be from Indian River Road and Old Providence Road, as currently exists. There will be 50 vehicles for sale on the lot, and there will be at least five employees on site. The hours of operation will be from 9:00 a.m. to 7:00 p.m. The applicant will use the existing building, formerly a fast food establishment, and will replace the existing signage on the building. The applicant will also install a monument -style sign to replace the existing free-standing sign located on the premises. Street frontage and foundation landscaping will be required during plan review. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A vacant fast food restaurant occupies the site. The site is zoned B-2 Business. SURROUNDING LAND North: . Indian River Road USE AND ZONING: . Across Indian River Road are multi -family dwellings and automotive repair / A-18 Apartment and B-2 Business South: . Old Providence Road Across Old Providence Road is the site of a proposed Senior Housing complex / A-36 Apartment East: . Motor vehicle sales / B-2 Business West: . Vacant bank & motor vehicle sales / B-2 Business J. D. VALLEY, LLC Agenda Item 5 Pagel NATURAL RESOURCE AND There are no significant cultural or environmental features on this site, as CULTURAL FEATURES: it is already developed. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road in front of this application is a six -lane major urban arterial street. There is currently no roadway CIP Project scheduled for this portion of Indian River Road. The MTP depicts this section of Indian River Road as an eight -lane roadway within a 155 -foot right-of-way. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Indian River 35,456 ADT 55,500 ADT Existing Land Use;— Road 3,360 Peak 5,800 Peak Hour 1,289 ADT Hour Proposed Land Use 3- 106 ADT Average Daily Trips : as defined by fast food restaurant (previous use) 3 as defined by used car sales WATER: This site is already connected to City water. There is an existing 20 -inch City water main and an 8 - inch City force main along Indian River Road. There is an existing 6 -inch and a 12 -inch City water line along Sunnyside Drive. There is an existing 8 -inch water line along Old Providence Road that ends to the west of the site. SEWER: This site currently connects to sanitary sewer. Further development of this property will require analysis of Pump Station #411 and the sanitary sewer collection system to ensure future flows can be accommodated. There is an existing 8 -inch City gravity main and an 8 -inch City force main along Sunnyside Drive. There is existing 8 -inch City gravity main along Old Providence Road. SCHOOLS: School populations are not affected by the request. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. J. D. VALLEY, LLC Agenda Item 5 Page 2 Comprehensive Plan: This site is located in a Primary Residential Area. The Plan notes 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." Evaluation: The request for a Conditional Use Permit for Motor Vehicle Sales and Rental is acceptable subject to the conditions below. The request is consistent with the recommendations of the Comprehensive Plan, and with the recommended conditions below, will be compatible with uses in the surrounding area. CONDITIONS 1. The proposed site plan shall clearly depict the customer and employee parking, vehicle display areas, and the proposed landscaping. No business license shall be approved until said site plan is reviewed and approved by the Department of Planning and a Certificate of Occupancy has been issued for the site. 2. The existing pole sign shall be replaced with a freestanding monument style sign, no more than eight (8) feet in height. The base of the sign shall be made of the same or similar brick material as the building. 3. The applicant shall provide streetscape landscaping along Indian River Road, and an evergreen hedge along Old Providence Road. Building foundation screening shall also be provided. 4. The existing shed behind the building, the menu board, and drive-thru signs shall be removed. 5. There shall be no pennants, streamers, balloons, portable signs, menu board signs, or banners displayed on the site or the vehicles. 6. Vehicles shall be parked within the designated areas, and no vehicles shall be parked within any portion of the public right-of-way. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. 7. No outside paging system or speakers shall be permitted. 8. The building shall be painted in earth tone colors, and the building trim and accents may be painted with a primary color that the applicant uses to identify the business. 9. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from any adjoining properties. Outdoor lighting fixtures shall not be erected any higher than 14 feet. A photometric (lighting) plan shall be submitted for review prior to issuance of the business license. J. D. VALLEY, LLC Agenda Item 5 Page 3 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 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. J. D. VALLEY, LLC Agenda Item 5 Page 4 AERIAL OF SITE LOCATION J. D. VALLEY, 'LLC Agenda Item 5 Page 5 N 19 fAfDI,4, o0AD r� PROPOSED SITE PLAN J. D. VALLEY, LLC Agenda Item 5 Page 6 PROPOSED BUILDING ELEVATION J. D. VALLEY, LLC Agenda Item 5 Page 7 #i gal t9 � la ui 10 �O 10 �O x X 50i •N �! 7 � U 2 PROPOSED BUILDING ELEVATION J. D. VALLEY, LLC Agenda Item 5 Page 7 1. 1-13-64 Change of Zoning from C-1-2 to C -G2 Approved 2. 1-8-02 Street Closure Approved 3. 8-11-98 Conditional Use Permit Auto Repair) Approved 4. 4-27-93 Conditional Use Permit Auto Sales Approved 5. 10-10-00 Conditional Use Permit Church Approved 6. 8-25-92 Conditional Use Permit Church Approved 7. 9-23-03 Conditional Use Permit Approved 8. 4-14-98 Conditional Use Permit (Small Engine Repair) Approved ZONING HISTORY J. D. VALLEY, LLC Agenda Item 5 Page 8 c c > u t 6 D J Q L G u o c p U L O U c->. O T a O* o<<smnms Z n o° - Z o 0 0 c c4 N�m�o5E c a c •r. o m c� u o m70zic a woJ� ELot�E2 m 1-5 Ny m�^9n� od m mF— yL mT Z�S mmco�o•c m j 266 moE G 22 N Q T i L LL m m m -o S °1 `x -c mEm 'omm sc`c °c�E 8 c> > Hou�nalff JIMad aSfl rnN0►jjaNO3 Z W i W Q U) Lu D U) O J U U) 0 Z 25 DISCLOSURE STATEMENT J. D. VALLEY, LLC Agenda Item 5 Page 9 R m I "�, i ai m I i• � 7m c G m = U v m y c 7 E m ° m m a G c 7 m E Em m y z E j a o o m H= 7 m O - ''' yon R 2m`�� m y¢�� QJ C E E y C y N O U 0 C O U �, G7 R V N ,S C C 2, V C 0 0 R N C S, E ca C N 'J� y G 55 O o -Z O C m m Zv .o y O L � C 11 G 3 �- 1 m C Z N.14= 117 p R E Q COO > V C C 4 .y �, V O J j V O C o (J _° �" . m oocco c N V 3 Y tm m o L z p.. C O y� cOn C'�C O N O U O v 0 ml O� y _. -_ O tC 0 pC� CG mV 03:00= y0 -O'..7 m Pi r Clj °c -y e N 0 C N a O 1 c ` t R G ij 7 y U C V o - o R o m = U N 7 � C P �, U 9 o ��N Q R J C J 0 o U O o C L` V � ❑ fV 0 Z 25 DISCLOSURE STATEMENT J. D. VALLEY, LLC Agenda Item 5 Page 9 Item #5 J.D. Valley, L.L.C. Conditional Use Permit 6119 Indian River Road District 1 Centerville August 8, 2007 REGULAR Barry Knight: The next portion of our meeting today will be items to be heard, the public hearing portion. I'll ask our Secretary, Mr. Strange, to call the first item to be heard. Joseph Strange: Okay. Thank you. The first item to be heard is item 5, J.D. Valley, L.L.C. An application of J.D. Valley, L.L.0 for a Conditional Use Permit for motor vehicle sales and rentals on property located at 6119 Indian River Road, District 1, Centerville, with nine conditions. Barry Knight: Welcome Eddie. Eddie Bourdon: Thank you Mr. Chairman. Again, for the record, Eddie Bourdon, a Virginia Beach attorney, and it is my privilege to represent Mr. J.D. Valley, who is here this afternoon along with his wife. Let me first of all give you a little bit of information about the property. The property is located on Indian River Road jut west of the intersection of Providence Road. It has been occupied by a number of fast foods restaurants, and currently there is a Chinese restaurant with a drive-thru. It is zoned Unconditional B-2. Again, it fronts on Indian River Road and backs up to Old Providence Road, so it is a through lot. The property on the east side is a used car lot dealership, Family Motors. To the west, another Unconditional B-2 property that is a used car dealership, Family Motors. To our rear, again, is a public right-of-way, Old Providence Road, on the opposite side of that is a large piece of unconditional, undeveloped B-2 commercial property, completely and greatly surrounding this property are roads and unconditional B-2 property. The only land uses in place that abut the property on either side are car dealerships. The applicant is an immigrant to this country from Venezuela, where he was a high ranking military officer and an attorney. He has come to this country and has been in business for a number of years, and is hoping to move a new business in Virginia Beach, and that was his goal since he had arrived. He has worked closely with staff on this application. He has contracted to purchase the subject property. There are a number of conditions that are included in your packets including renovating the building and removing the existing pole sign on the property. It is not particularly attractive. It doesn't meet our current requirements and replacing it with a monument style sign. He has agreed to landscape the frontage of the property on both streets, both on Indian River Road and on Old Providence Road. In addition, he will be providing foundation landscaping around the building, which is not there. This building was built before any of our landscape ordinances or parking lots were in place. All of the improvements behind the building for the drive-thru will be removed. I may have misunderstood what was stated this morning. But I got the impression that there was some thought that some of that would remain, and all of that drive-thru Item #5 J.D. Valley, L.L.C. Page 2 improvements, would be removed from the property. There would be no outside paging system or speakers. And, again the building will be refurbished. The photometric plan would also be submitted with the site plan before occupancy, before the business can commence. All of the conditions that your staff has recommended are certainly acceptable. It is really an example of the melting pot that our country is when you got a Chinese restaurant being replaced by a business from an immigrant from Venezuela. So, it is pretty interesting. The only opposition, that I am aware of, is the letter you all received this morning. I thought it was a bit strange in that it intends to suggest that this is a residential area, and the reality is and, if you go back to the zoning map, it is clearly an unconditional commercial area, entirely B-2. I did have the privilege of representing the folks who rezoned this property about a year ago for a senior housing facility, but again, that's on Providence Road here and it does not adjoin this property in anyway. This is all commercial. The other thing that I would point out, and if you look at the last page of the write-up I did have some experience with this property many years ago, back in 2002. There was a street closure and it references item 2 on page 8 of the write-up. It says street closure approved. It didn't go through, but that was actually an application that consolidated these properties, closed the street. There was going to be a Walgreen on the corner, but the deal did not happen. The properties are not all owned by the same individual. My client and this application have contracted to buy this piece of property. I suspect, although I have no way of knowing, that the folks who own this piece of property, who sent the letter and own this piece of property must have had a desire to buy this property but failed to contract to purchase it. I suspect that may be the explanation for this letter that talks about it being in a residential neighborhood, which is not where this property is. It is not a residential property nor is it in a residential neighborhood. Barry Knight: Thank you Mr. Bourdon. Are there any questions for Mr. Bourdon at this time? Thank you. Eddie Bourdon: Thank you. Barry Knight: Mr. Strange? Joseph Strange: Speaking in opposition we have an attorney Ann Crenshaw. Barry Knight: Welcome Anne. Ann Crenshaw: Good afternoon. For the record, I'm Ann Crenshaw. I'm a Virginia Beach attorney and I appreciate the opportunity to speak this afternoon. There are a couple of points that I would like to clarify based on Mr. Bourdon's presentation. Clearly, these sites are adjacent to the applicant's site are zoned B-2. However, the Comprehensive Plan has this particular area listed as primary residential. The plan notes that "limited or commercial institutional activities providing desired goods or services to residential neighborhoods may be acceptable uses on the edge of established neighborhoods". And in fact, this is in the write-up supplied by Ms. Christie, the staff planner assigned to this project. I would also like to point out that this site also has this little tiny piece right here (pointing to PowerPoint) to the rear of Old Providence Road, it Item #5 J.D. Valley, L.L.C. Page 3 is not a used car lot. It is an optometrist business. It is a Dr. Olsen, whose office is there, and in fact, I spoke with him this week. Although, I do not represent him, he has expressed to me some concerns in opposition to this project. I would also tell you that Virginia Beach Economic Development Authority is very interested in cleaning up this part of the district. In fact, there are negotiations pending concerning real estate in this area for major improvement. The tenant, Family Motors, on this particular site, on the corner of Indian River Road and Providence Road was given notice of termination on March 7, 2007 of its lease effective in January 2008. And, accordingly that use as a used car lot will be going away it appears. And, I would also like to point out that it would put three used car lots right in a row. I believe that the communities in general might be interested in the non -perforation of similar services as set forth in the Comprehensive Plan. Barry Knight: Thank you Ms. Crenshaw. Ann Crenshaw: I'll be happy to answer any questions. Barry Knight: Are there any questions for Ms. Crenshaw? Ms. Katsias? Kathy Katsias: Your client owns that corner piece of property? Ann Crenshaw: My client does not own that piece of property. Kathy Katsias: Okay. So how did you become privy to it? Ann Crenshaw: My client is the lessee of that property. I do not know whether the landlord will be retaining separate Counsel before City Council. I might depose that. Barry Knight: Ms. Wood, did you have a question? Joseph Strange: You said that your client doesn't own the piece of property on the corner? Ann Crenshaw: No. He does not. It is the lessee. It is the tenant who has been given notice that it is going to move. Joseph Strange: Okay. Ann Crenshaw: And it owns a piece over here. Dorothy Wood: Is your client then the Motor Company? Ann Crenshaw: Yes. Dorothy Wood: Okay. Item #5 J.D. Valley, L.L.C. Page 4 Barry Knight: Do you have any more questions Mr. Strange? Ms. Wood? Dorothy Wood: I just wanted to ask Ann, Ms. Crenshaw, the city is planning to redevelop that area. Is that what you're saying? Ann Crenshaw: They have been approached. The land owner advised me when he wrote this letter, and I was brought into this relatively late, that they were engaged in negotiations with various folks to develop this whole area, and step it up a notch. Dorothy Wood: Have you talked to Economic Development? Ann Crenshaw: I have not. I just got the letter yesterday afternoon, and I was not able to confirm that independently, and do not want to represent that I have. Dorothy Wood: Okay. Thanks. Barry Knight: Mr. Strange? Joseph Strange: Well, I guess I want to clear up here. So you say that your client has received a letter? Ann Crenshaw: Yes. Joseph Strange: So that is your client that has received the letter saying that their lease is not going to be renewed? Ann Crenshaw: Yes. On March 26, 2007, I misspoke. Joseph Strange: Okay. Who owns the piece of property? They have another car lot there, also next to the Virginia Beach property. Who owns that piece of property. Ann Crenshaw: This piece of property is owned by Larrymore. This piece here is owned by RTR, L.L.C. It trades as Family Motors. Dorothy Wood: And that is your client? Ann Crenshaw: Yes. Dorothy Wood: So, they're not getting notice then right Ann? Is the other side? Ann Crenshaw: Who is also Family Motors. They're both Family Motors. There is a Family Motors on the corner and there is Family Motors here. Dorothy Wood: But the larger Family Motors will stay? Kathy Katsias: The one on the left. Item #5 J.D. Valley, L.L.C. Page 5 Ann Crenshaw: It looks a little bigger right there. It is a 7 -eleven site. Barry Knight: Mr. Strange has the floor. Joseph Strange: So, the one that is going to stay is really the smaller of the two? Ann Crenshaw: Yes. Joseph Strange: Do they intend to stay there? Ann Crenshaw: I think they're there optimistic that the redevelopment will continue, and that options will exist based on improved conditions in the area. Joseph Strange: So, you think they're planning on staying there then? Ann Crenshaw: I think they would be interested in any economic benefit that they could get. In other words, if the area redevelops and these folks are successful, they're smart businessman, and they would be interested in the increased value of their property. Joseph Strange: So they do own the smaller piece of property? Ann Crenshaw: They own the smaller piece. Yes sir. Joseph Strange: I jut want to get all these ownerships straight here. Is there any actual contract? You won't know this because they don't the property on the corner that they're being evicted? Do you know if there is any contract that exists between the land owner and anyone? Ann Crenshaw: Excuse me for interrupting. I didn't mean to do that. The land owner representative has advised me that he is in the process of negotiations. Joseph Strange: In the process of negotiations, but doesn't have any kind of contract or anything? Ann Crenshaw: He didn't offer that up. No sir. Joseph Strange: Thank you. Ann Crenshaw: Thank you. Joseph Strange: I don't have any other questions. Barry Knight: Ms. Crenshaw? Ann Crenshaw: Yes sir. Item #5 J.D. Valley, L.L.C. Page 6 Barry Knight: Are there any other questions of Ms. Crenshaw? I'll ask Mr. Whitney, if he would for a little clarity. I see where that staff has recommended approval of this request with the conditions. Are you aware of any uses that the City may want for this property or any economic development that City would want on this property other than what has been recommended by staff in here? Jack Whitney: No sir. The staff is not aware of any information that Ms. Crenshaw has brought forth. Ann Crenshaw: To clarify, this is information that was given to me by the folks who wrote the letter to the members of the Commission. Jack Whitney: We're not aware of any active public move to redevelop that. Barry Knight: Thank you Mr. Whitney. Ann Crenshaw: Let me clarify. They're negotiating to develop something commercial there, and hopefully Economic Development may give incentives to somebody to come there. They're not asking the City to develop it into a public/private partnership or anything. Barry Knight: That is why I asked. Now I have more clarity than I did before I asked the question. Ann Crenshaw: That is my understanding. Barry Knight: Okay. Jack Whitney: The Planning Department does route these applications throughout other departments including Economic Development. We have not received any comment from the Economic Development Department regarding this application. Barry Knight: Thank you Mr. Whitney. Ann Crenshaw: Thank you. Barry Knight: Are there any other questions of Ms. Crenshaw? Thank you. Mr. Strange? Joseph Strange: Speaking in opposition we have Lynda Mason. Barry Knight: Welcome Mrs. Mason. Please state your name for the record. Lynda Mason: Lynda Mason. Item #5 J.D. Valley, L.L.C. Page 7 Barry Knight: You signed up opposing this project. Would you like to tell us why you do oppose this project? Lynda Mason: I think there is enough there besides another car lot. Besides, I like the restaurants. Barry Knight: Are there any questions for Mrs. Mason? Joseph Strange: Where do you live? Lynda Mason: College Park. Joseph Strange: Can you point that out on the map? Barry Knight: There is a button on there Mrs. Mason. Just push that and point it. Lynda Mason: Right there. Joseph Strange: Okay. Thank you. Barry Knight: Do you have any questions Mr. Strange? Is there anybody else? Henry Livas: I didn't clearly hear her objection. Lynda Mason: I object to another car dealership. Henry Livas: Okay. Barry Knight: Are there any other questions of Mrs. Mason? Thank you ma'am. Lynda Mason: Thank you. Joseph Strange: The next speaker we have in opposition is Dolly Williams. Barry Knight: Welcome ma'am. Please state your name for the record. Dolly Williams: My name is Dolly Williams. I'm a resident of College Park as well. I'm basically, I would prefer that it become a restaurant as opposed to another car dealership. We have several car dealerships in that area. And very little to no family oriented eateries. I have lived in the neighborhood for 10 % years and I have two kids. And just to have another car dealership. On all four sides we have car dealerships. And on the same little road, there are three altogether. We have a petition that was signed by the residents of that area. They're objecting to it as well. They would prefer that particular piece of property. I used to frequent the Chinese restaurant. I like Chinese food. I was kind of sad when that went away. I would rather see another restaurant, which is something that is really, really needed in that area. Outside of going all the way up to Item #5 J.D. Valley, L.L.C. Page 8 Military Highway or going all the way up to Kempsville Road, there are really no restaurants in that area, but we have several car dealerships in that area. Barry Knight: Ms. Williams, would you give the petition to Mr. Redmond there. He will pass it around and Ms. Wilson will have it at the end and you can come back and get that. Are there any questions for Ms. Williams? Do you anything else to add ma'am. Dolly Williams: No. Barry Knight: Okay. Thank you. Mr. Strange, are there any other speakers? Joseph Strange: There are no other speakers. Barry Knight: Okay. Mr. Bourdon? Eddie Bourdon: Mr. Chairman, the first idea that there may be some commercial development to take place here, as obviously there has been a lot of interest in the fact hat you have unconditional zone B-2 property of significant size that would accommodate multiple restaurants and other uses. The Family Motors is leasing this property, as you heard from Larrymore who owns all this unconditional B-2 property zoned commercial. They own this piece of property upon which they operated a car dealership just as they operate one here. This property is in instant need of refurbishment. My client has contracted to purchase the property, and I think there are obviously some economic issues involved in why the folks who own all the surrounding B-2 property, who have ideas of redeveloping the property, would like to see this property devalued so they can pick it up and add it to their development. What my client is seeking to do with this Use Permit is to refurbish the property, bring up its appearance significantly but most importantly, none of that will stand in the way of potential redevelopment of this property, if that were to, in fact, be the case that it was coming because he is not knocking down the building. He is not making a huge financial investment in the property, but he is making a significant one especially for one that is business only four years old and is expanding. But the use clearly fits here. It is going to be an upgrade of the site. It will be more attractive then what is there today by a long shot. No way does it foreclose potential mysterious redevelopment opportunities. And, I know the owners of the adjoining property have been looking at development and redevelopment opportunities on this property since 2002, when I said previously, I was involved in just that type of a development that did not come to pass because the parties were not all able to put their economic interests together. So, the conditions are all acceptable. The use, clearly to view anyway, Family Motors has put a large measure behind this, and obviously there is a competitive issue here. But, the application, as your staff has recommended is appropriate one for this site as conditioned. Barry Knight: Thank you. Are there any questions of Mr. Bourdon? Joseph Strange: I have just one question that I want to make sure. So, your client is actually going to buy this piece of property if this is approved? Item #5 J.D. Valley, L.L.C. Page 9 Eddie Bourdon: He is a contractual purchaser of this piece of property. This is the business he wishes to place there. That is absolutely correct. Barry Knight: Are there any other questions for Mr. Bourdon? Mr. Bourdon, let me ask you again because I know you just said it. I just want to get it straight in my mind. Your applicant's contract owner of the parcel of property is going to upgrade the property as per the conditions. He is not going to make any huge capital improvements so if some conglomerate or whatever were to come in here and offer him a large sum of money, he might just take the money and run because that is the nature of the business. Eddie Bourdon: That is the nature of the free market. That is the nature of people trying to interfere with that free market and devalue someone's property because the owners of this property who are under contract to sell it to Mr. Valley, were in fact, a big part of a group when this whole thing was going to be redeveloped back in 2002, which did not take place for a number of reasons. But the current owners who were the owners then, who are the contractual sellers to Mr. Valley today, and they were part of the deal with the Larrymore folks, and the folks who own the property here to have this street closed and this whole property redeveloped in conjunction. This was still going to be part of a future development. It wasn't totally planned out at that point. This isn't some type of a straw that breaks the camel's back, in terms of those opportunities. This is just an upgrade of the property that will not necessarily be a permanent one that will be there for 15 or 20 years. But, that is why it makes sense, I call a holding pattern use of this piece of property is consistent to what is on both sides of it. Barry Knight: Thank you. Are there any other questions of Mr. Bourdon? Thank you Mr. Bourdon. Eddie Bourdon: Thank you very much. Barry Knight: We'll open it up among discussion among the members. Is there any discussion? Mr. Redmond? David Redmond: Mr. Chairman, I am going to have to recuse myself from participating in this vote. I have a business interest in that property. Barry Knight: So noted. Is there any discussion? Mr. Crabtree? Eugene Crabtree: Just one item. I think the proposed application we have before us is to improve that property from what it stands now. I think that the upgrade of the property, the renovations that are going to take place is going to be a plus. It does need something done to it now. I think this is going to do it now. I'm not even going to worry about what is going to come about in the future. I do not believe that another car dealership there in that area is going to hurt the neighborhood any. I can't see that it is going to hurt that whatsoever. I would like to make one comment on the petition that was handed out to us. Most of those signatures on that petition are not neighborhood residents. And, therefore, Item #5 J.D. Valley, L.L.C. Page 10 I don't think that it holds much weight as far as that is concerned. I'm going to support the application. Barry Knight: Thank you Mr. Crabtree. Mr. Strange? Joseph Strange: Well, originally I supported the application when it first came about because it did seem like it was going to be an improvement to the area. There are already car dealerships there. Then we received late today, this morning as a matter of fact, we received this letter of opposition from the Larrymore organization. Some how or another, when Ms. Crenshaw came in, I kind of thought she represented them but I see now that she didn't represent them. She represents really the people who own Family Motors. So, there is no real contract, I mean no negotiating for a contract, all of this stuff. That is going to take years to take care of. The people of Family Motors, they're just a competitor right next to them. So, when I look at this overall picture, everybody had a chance to buy this piece of property. If the Larrymore organization wanted it, they could have bought it. So, in lieu of this and in lieu of the fact that there isn't going to be a lot of money invested in the property, I'm going to go ahead and support the application myself. Barry Knight: Would you like to put that in a form of a motion? Joseph Strange: I would like to put that in a form of a motion. Eugene Crabtree: I'll second it. Barry Knight: Okay. There is a motion on the floor to approve agenda item 5, J.D. Valley, L.L.C. The motion made by Joe Strange and seconded by Gene Crabtree. Is there any discussion? I'll call for the question. Ed Weeden: By a vote of 7-1-1, the application of J.D. Valley, L.L.C. has been approved. AYE 7 NAY 1 ABS 1 ABSENT 2 ANDERSON ABSENT BERNAS ABSENT CRABTREE AYE HENLEY NAY HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 7-1-1, the application of J.D. Valley, L.L.C. has been approved. Item #5 J.D. Valley, L.L.C. Page I 1 Eddie Bourdon: Thank you very much. Larrplorgdnzdtion Mr. Bary Knight Chairman, Planning Commission 2401 Courthouse Drive Municipal Center, Building 1 Virginia Beach, VA 23456 Re: Application of J. D. Valley, L.L.C. for a Conditional Use Permit for Motor Vehicle Sales and Rent on Property Located at 6119 Indian River Road (GPIN 1456430612) DISTRICT 1-CENTERVILLE Planning Commission Agenda: August 8, 2007 Dear Chairman Knight: Virginia Beach Investment Company, the owner of a parcel of real property located at 6101 Indian River Road objects to the issuance of a Conditional Use Permit for Motor Vehicle Sales and Rent for property located at 6119 Indian River Road. The Virginia Beach Investment Company site is directly adjacent to the Applicant's parcel. Although it is currently leased to an automobile dealer, Virginia Beach Investment Company's long-term plan is to seek alternative uses for the location and has provided the Tenant written notice of its intention. We recognize that the current Comprehensive Plan shows this is a Primary Residential Area. The Plan does provide some "limited commercial or institutional activities providing desired goods and 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." Redevelopment in and around this site should improve the quality of life. A limited commercial use that supplies goods and services to the residential neighborhood is contemplated by the Comprehensive Plan. Another automobile dealer in this area will not be advantageous to the community or the City at large. Sincerely, INVESTMENT Partner 6477 College Park Square, Su4e 306, Virginia Beach, Virginia 23464 Telephone (757) 420-3950 Facsimile (757) 424-1435 email: rnailglarrymore.com CU' for Motor Vehicle Rentals CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Krambias Properties, L.L.C. for a Conditional Use Permit for motor vehicle rentals on property located at 5232 Virginia Beach Boulevard (GPIN 1467669130). DISTRICT 4 — BAYSIDE MEETING DATE: September 25, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow redevelopment of the site for motor vehicle rentals. The motor vehicle rental facility will provide service primarily to individuals who are having their vehicles repaired at other facilities. Most rental vehicles will either be delivered to a dealership, repair facility, customer's home, or business, or the customer will be brought to the premises by transportation provided by the dealership or repair facilities. Expected hours of operation will be Monday through Saturday, 8:00 a.m. to 7:00 p.m. The car rental facility will have a maximum of three (3) employees per shift on-site. ■ Considerations: The existing building will be demolished, and a new 2,660 square foot urban - style building will be constructed near the front property line located along Virginia Beach Boulevard. A side and front yard setback variance was granted to this site, on November 18, 1981, due to its unusual shape. The variance reduces the setback on Virginia Beach Boulevard from 20 feet to 15 feet and the setback on Nelms Lane from 35 feet to 5 feet. The proposed building will adhere to the setbacks as modified by the variance granted in 1981. The first floor of the building, consisting of 1,330 square feet, will house a showroom where one or two vehicles will be displayed. Office space is located on the second floor. The building fagade consists of split -face block and exterior insulation finish systems (EIFS) between the first and second floors. EIFS and decorative porcelain tile are also located along the roof line. One (1) handicap accessible parking space and nine (9) regular parking spaces are located behind the building along the western property line. Two access points are provided off of Nelms Lane to allow one-way traffic flow through the site. Landscaping includes a ten (10) foot landscaped area between the western property line and parking area. Four (4) broadleaf evergreen shrubs are located along the rear property line. Interior landscaping is provided within the parking Krambias Properties, L.L.C. Page 2 of 3 lot and foundation landscaping is provided along the south and eastern sides of building. Motor vehicle rental is compatible with the surrounding character of this area, which primarily includes uses such as furniture and automotive sales. In sum, the proposal represents a good redevelopment of a site at a prominent location. The use is compatible to the surrounding area and is in conformance with the Comprehensive Plan's recommendations for this area. The Planning Commission placed this item on the consent agenda because they concluded the proposed use is an appropriate and desirable redevelopment of this site, the conditions and submitted plan will ensure compatibility with the surrounding area, and there was no opposition to the proposal. ■ 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 and landscaping shall be developed in substantial conformance with the submitted site plan entitled "Conceptual Exhibit of 5232 Virginia Beach Blvd. ", prepared by WPL, and dated May 23, 2007. The plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. No outside paging or sound amplification system shall be permitted. 3. No freestanding signs shall be permitted on site. 4. No more than five (5) vehicle rentals shall be parked within the nine (9) regular parking spaces shown on the site plan entitled "Conceptual Exhibit of 5232 Virginia Beach Blvd.", and dated May 23, 2007. All other rentals must be parked within the area designated on the building floor plan as "Showroom". 5. There shall be no sale of automobiles on the site. 6. There shall be no on-site washing, detailing, or maintenance of any motor vehicles on the site. 7. Right-of-way improvements along Nelms Lane shall be required. This includes pavement widening and curb and gutter to bring the ultimate roadway width to 30 feet, measured from face -of -curb to face -of -curb, and streetlight improvements. ■ Attachments: Staff Review Krambias Properties, L.L.C. Page 3 of 3 Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: �"Z'S� "", KRAMBIAS PROPERTIES, L.L.0 Agenda Item 10 August 8, 2007 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for motor vehicle rentals. ADDRESS / DESCRIPTION: 5232 Virginia Beach Blvd. B-2 ' b LI -12 Motor GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14676699130000 4 - BAYSIDE 11,500 square feet The applicant requests a Conditional Use Permit to allow re- SUMMARY OF REQUEST development of the site for motor vehicle rentals. The motor vehicle rental facility will provide service primarily to individuals who are having their vehicles repaired at other facilities. Most rental vehicles will either be delivered to a dealership, repair facility, customer's home, or business, or the customer will be brought to the premises by transportation provided by the dealership or repair facilities. Expected hours of operation will be Monday through Saturday, 8:00 a.m. to 7:00 p.m. The car rental facility will have a maximum of three (3) employees per shift on-site. A new 2,660 square foot motor vehicle rental building will be constructed near the front property line located along Virginia Beach Boulevard. One (1) handicap accessible parking space and nine (9) regular parking spaces are located behind the building along the western property line. Two access points are provided off of Nelms Lane to allow one-way traffic flow through the site. Landscaping includes a ten (10) foot landscaped area between the western property line and parking area. Four (4) broadleaf evergreen shrubs are located along the rear property line. Interior landscaping is provided within the parking lot and foundation landscaping is provided along the south and eastern sides of building. A side and front yard setback variance was granted to this site, on November 18, 1981, due to its unusual shape. The variance reduces the setback on Virginia Beach Boulevard from 20 feet to 15 feet and the setback on Nelms Lane from 35 feet to 5 feet. The proposed building will adhere to the setbacks as modified by the variance granted in 1981. KRAMBIAS PROPERTIES, L.L.0 Agenda Item 10 Page 1 The first floor of the building, consisting of 1,330 square feet, will house a showroom where one or two vehicles will be displayed. Office space is located on the second floor. The building fagade consists of split -face block and exterior insulation finish systems (EIFS) between the first and second floors. EIFS and decorative porcelain tile are also located along the roof line. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Former beauty salon SURROUNDING LAND North: . Single-family homes /A-12 Apartment District USE AND ZONING: South: . Automotive dealership / B-2 Community Business District East: . Automotive dealership / B-2 Community Business District West: . Furniture store / B-2 Community Business District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. The site is completely developed. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in front of this application is considered an eight -lane divided major urban arterial. The Master Transportation Plan (MTP) proposes a 150 -foot right-of-way section. There is no current CIP Roadway projects slated for this area. Nelms Lane is considered a two-lane undivided local street. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 43,292 ADT 74,000 ADT (maximum Existing Land Use —15 Boulevard Level of Service °D") / ADT capacity Proposed Land Use 3— 89 4 AM Peak Hour Nelms Lane No existing traffic counts available Vehicles (entering) 3 PM Peak Hour Vehicles (entering) Average vany i [[Pb 2 as defined by office space 3 as defined by motor vehicle rentals Right-of-way improvements along Nelms Lane will be required. Such improvements include pavement widening and curb and gutter to bring the ultimate roadway width to 30 feet, measured from face of curb to face of curb, and streetlight improvements. KRAMBIAS PROPERTIES, L.L.0 Agenda Item 10 Page 2 WATER: This site currently connects to City water. The existing 5/8 -inch meter (City ID 48959792) may be used or upgraded to accommodate the proposed development. SEWER: This site currently connects to City sanitary sewer. Pump Station 356, the receiving pump station for this site, has capacity issues and may require system modification. As such, a full engineering hydraulic analysis of Pump Station 356 and the sanitary sewer collection system is required to ensure future flows can be accommodated. STORMWATER: The development must include a stormwater quantity and quality design with the site plan submitted to DSC. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non- residential, in and around these neighborhoods should serve as a guide when considering future development. Evaluation: Motor vehicle rental is compatible with the surrounding character of this area, which primarily includes uses such as furniture and automotive sales. There is, however, a residential area to the north. The proposed landscaping between the applicant's rental facility and the residences to the north will be an adequate buffer to reduce any noise and to aesthetically improve the view of the site from the residential homes. No more than five (5) spaces within the parking area will be utilized as spaces for rental vehicles. Four (4) regular spaces and one (1) handicap accessible space are provided for customer and employee parking. The proposed project satisfies the parking regulations for a 2,660 square foot rental facility, which requires three (3) customer and employee parking spaces. Staff, therefore, concludes there is sufficient parking to accommodate the proposed car rental facility. In sum, the proposal represents a good redevelopment of a site at a prominent location. The use is compatible to the surrounding area and is in conformance with the Comprehensive Plan's recommendations for this area. CONDITIONS 1. The site and landscaping shall be developed in substantial conformance with the submitted site plan entitled "Conceptual Exhibit of 5232 Virginia Beach Blvd. ", prepared by WPL, and dated May 23, KRAMBIAS PROPERTIES, L.L.0 Agenda Item 10 Page 3 2007. The plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. No outside paging or sound amplification system shall be permitted. 3. No freestanding signs shall be permitted on site. 4. No more than five (5) vehicle rentals shall be parked within the nine (9) regular parking spaces shown on the site plan entitled "Conceptual Exhibit of 5232 Virginia Beach Blvd.", and dated May 23, 2007. All other rentals must be parked within the area designated on the building floor plan as "Showroom". 5. There shall be no sale of automobiles on the site. 6. There shall be no on-site washing, detailing, or maintenance of any motor vehicles on the site. 7. Right-of-way improvements along Nelms Lane shall be required. This includes pavement widening and curb and gutter to bring the ultimate roadway width to 30 feet, measured from face -of -curb to face - of -curb, and streetlight improvements. 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 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. KRAMBIAS PROPERTIES, L.L.0 Agenda Item 10 Page 4 AERIAL OF SITE LOCATION KRAMBIAS PROPERTIES, LL.0 Agenda Item 10 Page. 5 FO4MfRt r Mo..0 1 M. 77NCLE 70501517J4) r R o) -77-0065) V- SHR025 UA VR7Y Of ?C) PROPOSED SITE PLAN KRAMBIAS PROPERTIES, L.L.0 Agenda Item 10 Page 6 PROPOSED BUILDING ELEVATION KRAMBIAS PROPERTIES, L.L.0 Agenda Item 10 Page 7 :;"Al I q+rspb' ti , =..GGA ��1�.. awsa �-'� PROPOSED FLOOR PLAN KRAMBIAS PROPERTIES, L.L.0 Agenda Item 10 Page 8 Map R =IF11FAR CUP for Motor Vehicle # Date Description Action 1 10-13-92 Conditional Use Permit motor vehicle sales Granted 2 02-27-01 Zoning Change A-12 to B-2 Granted 3 03-14-95 Conditional Use Permit motor vehicle sales Granted 4 05-23-88 Conditional Use Permit (motor vehicle sales & repair) Granted 10-23-01 Zoning Change (R-7.5 to B-2) Granted 10-23-01 Conditional Use Permit motor vehicle sales Granted 5 05-28-02 Conditional Use Permit motor vehicle rentals Granted 6 05-25-93 Conditional Use Permit (parking & storage) Granted 12-06-94 Conditional Use Permit (motor vehicle rentals & repair) Granted 12-06-94 Zoning Change (R-7.5 to B-2) Granted 10-20-86 Reconsideration of Conditions Withdrawn ZONING HISTORY KRAMBIAS PROPERTIES, L.L.0 Agenda Item 10 Page 9 C C - q L • � C i I u R CA J i U_ G - L V- E L c- ` m� =-c e = c 'O' i v v C N 0 9 U LIJ iz - d C Q EcE`o:?cc�� > UE v NR= C � / 2 79 L c 2.::2g=o- _ UO Z O N-Jy .0 COQ- v Lu r 9 - _- _ E O Ny0G r y Tr-� O O O G G J O U G o�Erc/� �Gy✓� s E50o t 0=�h c�cc`'ccE N'oGo oE'o__ . ,� r Q S• VLi r' �, C V L'• r N p p p_ V O R O N O v C C �cmv U. O N C C cE C - q L • � C i I u R CA J i U_ N c- ` e = c m d / 2 O Lu r 9 - y G R G •� 'o O R O N O O L O2 U. O N C C oiBV'rj'lld(TlvVlIWNHd ffSa UNOUIGNO -' J. Z u DISCLOSURE STATEMENT KRAMBIAS PROPERTIES, L.L.0 Agenda Item 10 Page 10 N N c- ` e = c m d O Lu r 9 - y IX R G 'o O R O O O L O2 it O N C C C G J ^• G ?. O Z` C _� ,,; 0 y O O 6 F = y y R .ate';>� o cQE.N -?21 r Luu$OEo� O-. .v r= R 0 L" cr ° y C�C -.. p 6 G co G� Cc c O AJC �y ..73 - O� Y h ❑ U= � C :v X DISCLOSURE STATEMENT KRAMBIAS PROPERTIES, L.L.0 Agenda Item 10 Page 10 Item #10 Krambias Properties, L.L.C. Conditional Use Permit 5232 Virginia Beach Boulevard District 4 Bayside August 8, 2007 CONSENT Barry Knight: The next item slated for consent is agenda item 10, Krambias Properties, L.L.C. An application of Krambias Properties, L.L.C. for a Conditional Use Permit for motor vehicle rentals on property located at 5232 Virginia Beach Boulevard, District 4, Bayside. Welcome. Eddie Bourdon: Thank you Mr. Knight. Eddie Bourdon, a Virginia Beach attorney representing the applicant. We appreciate being placed on the consent agenda. All seven of the conditions recommended by your professional staff on this application are acceptable to my client. Barry Knight: Thank you. Is there anyone here today that objects to this item being placed on the consent agenda? Okay. Mr. Redmond? David Redmond: Thank you Mr. Chairman. On agenda item 10, Krambias Properties, L.L.C., the applicant requests a Conditional Use Permit to allow redevelopment of this site for motor vehicle rentals. The motor vehicle rental facility will provide service primarily for individuals who are having their vehicles repaired at other facilities. Most rental vehicles will either be delivered to a dealership, repair facility, customer home or business where the customer will be brought to the premises by transportation provided by the dealership or repair facilities. A new 2,660 square foot motor vehicle rental building will be constructed near the front property line located along Virginia Beach Boulevard. Two access points are provided off of Nelms Lane to allow one-way traffic to flow through the site. The application includes landscaping and infrastructure improvements in the area. In short, the Commission concurs with the Planning staff's recommendation that this application represents an appropriate and desirable redevelopment opportunity, so we will approve this application by consent. Barry Knight: Thank you Mr. Redmond. The Chair will entertain a motion. Joseph Strange: I make a motion Mr. Chairman that we consent item 10, Krambias Properties, L.L.C., District 4, Bayside, with seven conditions. Barry Knight: Thank you. A motion made by Joe Strange and seconded by Dot Wood for approval of the consent agenda item 10. Do I hear any discussion? I'll call for the question. AYE 9 NAY 0 ABS 0 ABSENT 2 Item #12 Hoffman Beverage Co., Inc. Page 2 ANDERSON BERNAS CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item 10 for consent. Mat t-6 aD Dcale A-1 C WATER L 0 m CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of G. A. Downs & Sons, Inc. for a Conditional Use Permit for automotive repair garage on property located at 507 North Witchduck Road (GPIN 1467889472). DISTRICT 4 — BAYSIDE. MEETING DATE: September 25, 2007 ■ Background: The applicant requests a Conditional Use Permit to use the buildings on the site for an automotive repair garage. Expected hours of operation are from 8:00 a.m. to 5:00 p.m., Monday through Friday, and 8:00 p.m. to 1:00 p.m., on Saturday. A total of three (3) people will be employed at this site. ■ Considerations: An existing one-story brick building will house the automotive repair facility. The existing building is approximately 6,460 square feet and is located within the flag portion of a flag -shaped lot off of Witchduck Court. Five (5) regular parking spaces are provided on the east side of the building. Vehicle access to site is provided off of Witchduck Court. Landscaping will be added to the existing landscape island located within the northwest corner of the site including three (3) nandina shrubs and one (1) maple tree. The applicant has requested a waiver to the placement of a required six (6) foot fence and Category VI landscaping surrounding the site, because there is limited opportunity to install fencing and landscaping on the existing site and due to the fact that the site is surrounded by other uses and is obscured from public view. Currently, the perimeter of the site is mainly utilized for ingress -egress and the installation of a fence and landscaping is not feasible because it would hinder traffic flow. The Planning Commission placed this item on the consent agenda because the proposed automotive repair garage is compatible with the surrounding area, staff recommended approval, and there was no opposition at the hearing. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: G. A. Downs & Sons, Inc. Page 2 of 2 1. The site and landscaping shall be developed in substantial conformance with the submitted plan entitled "Survey of Lot 4, Subdivision of a Portion of Parcel "B", Subdivision of 4.89 Acre Parcel, Plat of Menno R. Miller Property For G.A. Downs & Sons, Inc.". Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The applicant shall obtain all the necessary permits and inspections from the Planning Department, Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. All automotive repair service shall take place inside the building. 4. No tires, merchandise, or parts shall be displayed or stored outside. 5. All parking spaces required by the City Zoning Ordinance shall be striped, including handicap spaces in accordance with the Americans with Disabilities Act (ADA), according to Section 203(b) of the City Zoning Ordinance. A plan showing the proposed parking must be reviewed and approved by the City of Virginia Beach Planning Department. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 8. The applicant shall patch and repair all holes within the existing drive aisle located along the eastern property line. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department r City Manager: V �►' y�`' G. A. DOWNS & SONS, INC. Agenda Item 22 September 12, 2007 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for automotive repair garage. ADDRESS / DESCRIPTION: 507 N. Witchduck Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14678894720000 4 - BAYSIDE 14,106 square feet The applicant requests a Conditional Use Permit to allow an SUMMARY OF REQUEST automotive repair garage. Expected hours of operation are from 8:00 a.m. to 5:00 p.m., Monday through Friday, and 8:00 p.m. to 1:00 p.m., on Saturday. A total of three (3) people will be employed at this site. An existing one-story brick building will house the automotive repair facility. The existing building is approximately 6,460 square feet and is located within the flag portion of a flag -shaped lot off of Witchduck Court. Five (5) regular parking spaces are provided on the east side of the building. Vehicle access to site is provided off of Witchduck Court. Landscaping will be added to the existing landscape island located within the northwest comer of the site including three (3) nandina shrubs and one (1) maple tree. The applicant has requested a waiver to the placement of a required six (6) foot fence and Category VI landscaping surrounding the site, because there is limited opportunity to install fencing and landscaping on the existing site. Currently, the perimeter of the site is mainly utilized for ingress -egress and the installation of a fence and landscaping is not feasible because it would hinder traffic flow. In addition, the automotive repair garage is completely hidden from view of any public right-of-way therefore minimizing the need for the required screening. G. A. DOWNS & SONS, INC. Agenda Item 22 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant commercial building. SURROUNDING LAND North: . Witchduck Court USE AND ZONING: . Church / R-7.5 Residential District South: . Wachovia Bank / B-2 Community Business District East: . Office buildings / B-2 Community Business District West: . Vacant and Office Warehouse / B-2 Community Business District NATURAL RESOURCE AND There are no known significant natural resources or cultural features on CULTURAL FEATURES: this 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) / CAPITAL IMPROVEMENT PROGRAM (CIP): Witchduck Road in the vicinity of this application is a four -lane minor urban arterial street. There is currently no Capital Improvement Program project scheduled for this portion of Witchduck Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Witchduck Road 19,390 ADT 24,500 ADT Existing Land Use — 176 ADT Proposed Land Use 3- 200 21 PM peak hour weekda Average Daily Trips : as defined by 0.3 acres B-2 Sas defined by 6,200 GSF automobile repair facility WATER: This site currently connects to City water. The existing one -inch meter (City ID #95067592) may be used or upgraded to accommodate the proposed development. There is an eight -inch City water main along Witchduck Court. SEWER: This site currently connects to City sanitary sewer. Further development of this property will require analysis of Pump Station #352 and the sanitary sewer collection system to ensure future flows can be accommodated. There is an existing 10 -inch gravity sanitary sewer main along Witchduck Court. G. A. DOWNS & SONS, INC. Agenda Item 22 Page 2 Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan designates this site as part of the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. Evaluation: The repair facility is compatible with the surrounding character of this area, which includes business, warehouses, and office uses. The unique shape of the lot hides the automotive repair activity from view of any public right-of-way. The existing building design and layout is also compatible with the proposed automotive repair use. There is sufficient parking to accommodate the proposed use according the City's parking regulations for repair establishments within the Zoning Ordinance. Staff finds that the proposal is in conformance with the Comprehensive Plan's recommendations and will not negatively impact or compromise the community or the quality of life of the surrounding area. As such, staff recommends approval of the request with the conditions listed below. CONDITIONS 1. The site and landscaping shall be developed in substantial conformance with the submitted plan entitled "Survey of Lot 4, Subdivision of a Portion of Parcel "B", Subdivision of 4.89 Acre Parcel, Plat of Menno R. Miller Property For G.A. Downs & Sons, Inc.". Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The applicant shall obtain all the necessary permits and inspections from the Planning Department, Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. All automotive repair service shall take place inside the building. 4. No tires, merchandise, or parts shall be displayed or stored outside. 5. All parking spaces required by the City Zoning Ordinance shall be striped, including handicap spaces in accordance with the Americans with Disabilities Act (ADA), according to Section 203(b) of the City Zoning Ordinance. A plan showing the proposed parking must be reviewed and approved by the City of Virginia Beach Planning Department. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare G. A. DOWNS & SONS, INC. Agenda Item 22 Page 3 shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 8. The applicant shall patch and repair all holes within the existing drive aisle located along the eastern property line. 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 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. G. A. DOWNS & SONS, INC. Agenda Item 22 Page 4 AERIAL OF SITE LOCATION G. A. DOWNS: & SONS, INC. Agenda Item 22 Page 5 'las IS TU CERA°Y T!•.AT L ON OECOGM !11 V , S W&*iw THEPFjwvey sN0'NN ON Ms PLAT ANO 7NAT -,n Tnu ons s ANO 7NE WALLS OF K RE :UUMOS AAS MOM ON Ms PIAT . 7NE BU IN=S STAND SMC' LY 117MIN INE MM LINES AND 7NE45 ARE NO ENCROACFIUaM OF0 ' _ ON THE FAOPF� ExM7 WN AS SHO L H py y! � -�.7rG,•�RxtTf � fill SOUTH �4rynsun�e+'e �Cf ��WFJYlO 2 •�����E,u.O & 'SUB3 IN31o'•fCRC °Aqci•' }-1 PWC' AND ONAGE CAiF1ENi aj' • � 3' U'fOliY NA� ' ywyLT N 70'_O7' -Or , W sr �. 1 P ; WEST �y 1 t �o o' S �x r .+yuxccxw� � s 7 • _ W1TChiDUCK "x 1 COURT PROPOSED SITE PLAN G. A. DOWNS & SONS, INC. Agenda item 22 Page 6 PHOTOGRAPHS OF BUILDING G. A. DOWNS & SONS, INC. Agenda Item 22 Page 7 # Date Description Action 1 03-27-67 Zoning Chane Granted 2 05-26-98 Conditional Use Permit motor vehicle repair Granted 3 06-11-91 Conditional Use Permit motor vehicle repair) Granted 4 11-25-97 1 Zoning Change R-7.5 to Conditional A-12 Granted 5 08-28-90 1 Zoning Change (Conditional R-7.5 to A-12) 03-28-95 Conditional Use Permit landfill Granted Denied ZONING HISTORY G. A. DOWNS -& SONS, :INC. Agenda Item 22 Page 8 a Nou�llaaV EMU RM'NNOIllaNO3 > v = - i _ \ W— - - - - W o S---_ uj N T > 0 r — itG C c 7-r Nou�llaaV EMU RM'NNOIllaNO3 _ \ - - - - W Nou�llaaV EMU RM'NNOIllaNO3 DISCLOSURE STATEMENT G. A. DOWNS & SONS, INC. Agenda Item 22 Page 9 Lu uj _ ? 0 r - itG 7-r ZCL LLJ r - DISCLOSURE STATEMENT G. A. DOWNS & SONS, INC. Agenda Item 22 Page 9 Item #22 G.A. Downs & Sons, Inc. Conditional Use Permit 507 North Witchduck Road District 4 Bayside September 12, 2007 CONSENT Janice Anderson: The next it is agenda item 22. This is the application of G.A. Downs & Sons, Inc., for a Conditional Use Permit for automotive repair on property at 507 North Witchduck Road, in the Bayside District. Welcome sir. Michael Vance: Thank you Ms. Anderson and members of the Commission. My name is Michael Vance. I'm a real estate agent representing G.A. Downs & Sons. We have accepted all eight conditions and thank you for being on the consent agenda. Janice Anderson: Thank you Mr. Vance. Is there any opposition to this application being placed on the consent agenda? Seeing none, the Chairman has asked Dave Redmond to review this application for us. David Redmond: Thank you Ms. Anderson. The application, G.A. Downs & Sons, Inc., requests a Conditional Use Permit to allow an automotive repair garage. Expected hours of operation are from 8:00 a.m. to 5:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday. An existing one-story brick building will house the automotive repair facility. The existing building is approximately 6,460 square feet, and is located within the flag portion of a flag -shaped lot off of Witchduck Court. Five (5) regular parking spaces are provided on the east side of the building. Vehicle access to the site is provided off of Witchduck Court. Landscaping will be added to the existing landscape island. The applicant has requested a waiver to the placement of a required six (6) foot fence and Category VI landscaping surrounding the site, because there is limited opportunity to install fencing and landscaping on the existing site. Currently, the perimeter of the site is mainly utilized for ingress/egress and the installation of the fence and landscaping is not feasible because it would hinder traffic flow. In addition, the automotive repair garage is completely hidden from view of any public right-of-way therefore minimizing the need for the required screening. The repair facility is compatible with the surrounding character of this area, which includes business, warehouses and office uses. The unique shape of the lot hides the automotive repair activity from view of any public right-of-way. The existing building design layout is also compatible with the proposed automotive repair use. There is sufficient parking to accommodate the proposed use according to the City's parking regulations for repair establishments within the Zoning Ordinance. The staff supports this application and the Commission believes on balance that is more appropriately dealt with on the consent agenda. Thank you. Item #22 G.A. Downs & Sons, Inc. Page 2 Janice Anderson: Thank you Dave. Mr. Chairman, I would like to make a motion to approve the following agenda item 22. Barry Knight: There is a motion on the floor by Jan Anderson and seconded by Gene Crabtree to approve agenda item 22. I'll call for the question. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item 22 for consent. w� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach - An Ordinance amending Sections 111, 203, 211, 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance and combining Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls as Assembly Uses and combining Churches, Monasteries, and Convents as Religious Uses and making both uses Conditional in the zoning districts where they are allowed. MEETING DATE: September 25, 2007 ■ Background: The proposed amendments are part of an effort to update the City Zoning Ordinance. These proposed amendments address two groups of uses that, by their nature as places where people assemble together, are similar, but are also disparate in that one consists of gatherings for religious purposes while the other does not. Since, however, the uses all consist of the assembling together of people, the uses must also be treated similarly in terms of zoning. The attached amendments strive to achieve such similarity in treatment. ■ Considerations: The amendments will take all uses that are traditionally "assembly uses" (Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls) and combine them into one category — Assembly Uses. The same will be done for churches and their related uses, such that they will be classified as Religious Uses. The Planning Commission placed this item on the consent agenda because the amendment updates the ordinance pertaining to assembly and religious uses, and there was no opposition to the amendment. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this amendment to the City Zoning Ordinance. ■ Attachments: Staff Report Ordinance Amendment Planning Commission Minutes CITY OF VIRGINIA BEACH — ASSEMBLY AND RELIGIOUS USES Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. / Submitting Department/Agency: Planning Department ./ City Manager: � . a� 1 AN ORDINANCE AMENDING SECTIONS 111, 203, 211, 2 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 3 AND 1531 OF THE CITY ZONING ORDINANCE AND 4 COMBINING LODGES, COMMUNITY CENTERS, PRIVATE 5 OR ATHLETIC CLUBS, AUDITORIUMS, ARENAS, CIVIC 6 OR CULTURAL CENTERS, SOCIAL CENTERS, 7 ELEEMOSYNARY ESTABLISHMENTS, ASSEMBLY 8 HALLS, UNION HALLS, AND BINGO HALLS AS 9 ASSEMBLY USES AND COMBINING CHURCHES, 10 MONASTERIES AND CONVENTS AS RELIGIOUS USES 11 AND MAKING BOTH USES CONDITIONAL IN THE 12 ZONING DISTRICTS WHERE THEY ARE ALLOWED 13 14 Sections Amended: City Zoning Ordinance § 111, 203, 211, 15 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 16 and 1531 17 WHEREAS, the public necessity, convenience, general welfare and good zoning 18 practice so require; 19 20 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 21 VIRGINIA: 22 23 That the City Zoning Ordinance (City Code Appendix A) is hereby amended and 24 reordained by the amendment of Sections 111, 203, 211, 230, 401, 403, 501, 601, 801, 25 901, 1001, 1125, 1511, 1521 and 1531 to read as follows: 26 27 ARTICLE 1. GENERAL PROVISIONS 28 .... 29 30 Sec. 111. Definitions. 31 32 .... 33 34 Assembly Uses. Uses that involve the gathering of individuals or groups in one 35 location such as arenas assembly halls auditoriums, bingo halls, civic centers, 36 community centers eleemosynary establishments private clubs, union halls and 37 excluding religious uses. 38 39 .... 40 41 Reliaious Uses. Places of religious worship such as churches, synagogues, 42 temples, mosques, similar places and their appurtenant uses. 43 1 44 .... 45 46 47 COMMENT 48 49 The amendments to these ordinances will take all uses that are traditionally "assembly 50 uses" and combine them into one category—Assembly Uses. The same will be done for churches 51 and their related uses, whereby they will be Religious Uses. 52 53 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 54 ALL DISTRICTS 55 56 .... 57 58 Sec. 203. Off-street parking requirements. 59 60 (a) The following specified uses shall comply with the off-street parking 61 requirements designated therefor: 62 63 .... 64 65 (7) GhWFGhes: A+ least. ene mane ncr five (5) seats OF honnh 6eatinn c nano in 66 , 67 68 sher-sh. Reserved 69 70 .... 71 72 (28) Public buildings and funeral homes: At least one space per five hundred 73 (500) square feet of floor area; 74 75 (28.1) Religious Uses: At least one space per five (5) seats or bench seating 76 space in the main auditorium. 77 78 .... 79 80 (33) (i) Shopping centers containing more than eight (8) individual uses or 81 businesses and located on a zoning lot five (5) to ten (10) acres in size shall have a 82 total of: 83 84 a. One space per two hundred (200) square feet of floor area of all uses except 85 restaurants, s#UFshes religious uses and theaters; 86 87 .... 88 2 89 (ii) Shopping centers containing more than eight (8) individual uses or 90 businesses and located on a zoning lot ten (10) to thirty (30) acres in size shall have a 91 total of: 92 93 a. One space per two hundred (200) square feet of floor area of all uses except 94 restaurants, ekUFsMes religious uses and theaters; 95 96 .... 97 98 (iii) Shopping centers containing more than eight (8) individual uses or 99 businesses and located on a zoning lot greater than thirty (30) acres in size shall have a 100 total of: 101 102 a. One space per two hundred (200) square feet of floor area of all uses except 103 restaurants, des religious uses and theaters; 104 105 .... 106 107 COMMENT 108 109 These amendments simply replace "church" with "Religious Use." 110 111 112 Sec. 211. Signs permitted in all districts. 113 114 The following types of signs are exempted from all of the provisions of this 115 ordinance, except for illumination, construction, and safety regulations and the following 116 standards: 117 118 .... 119 120 (i) GhUFGh Religious Use signs. One sign per entrance not to exceed twenty - 121 four (24) square feet per face. No such sign shall have more than two (2) faces. 122 123 .... 124 Sec. 230. ChUFGhesw Religious Uses. 125 126 In addition to general requirements, the following special requirements and 127 limitations shall apply to Glomes religious uses in districts in which they are generally 128 permitted: 129 130 (a) Minimum lot area. The minimum lot area feF GhuFGhes shall be three (3) acres. 131 3 132 (b) Off-street parking. At least one space per five (5) seats or bench seating 133 spaces in the main auditorium. provided, however, that the requirement for any church 134 located in a shopping center shall be as specified in the conditional use permit allowing 135 such church. 136 137 .... 138 139 COMMENT 140 141 These amendments simply replace "church" with "Religious Use." 142 143 144 ARTICLE 4. AGRICULTURAL DISTRICTS 145 146 .... 147 148 Sec. 401. Use regulations. 149 150 (a) Principal and conditional uses. The following chart lists those uses 151 permitted within the AG -1 and AG -2 Agricultural Districts. Those uses and structures in 152 the respective agricultural districts shall be permitted as either principal uses indicated 153 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 154 "X" shall be prohibited in the respective districts. No uses or structures other than as 155 specified shall be permitted. 156 157 Use AG -1 AG -2 158 .... 159 Assembly Uses C C 160 161 Child care education centers in 162 connection with public or private 163 elementary schools or es 164 religious uses P P 165 166 C_ h.ui'G G 167 G 168 169 Ledges fnr fraternal eFgaRozatee 170 McRaste-Ties and- G_9_R ,ee 171 172 Public elementary, intermediate and 173 high schools, colleges and universities; 174 day nurseries in connection with public 175 or private elementary schools or 176 GhUFGhes -religious uses P P 4 177 178 Reliqious Uses C C 179 .... 180 181 Sec. 403. Sign regulations. 182 183 (a) Not to exceed one identification sign not more than sixteen (16) square 184 feet in area for each principal entrance or frontage of any use except elves religious 185 uses and educational institutions, for which the maximum area per sign shall not exceed 186 thirty-two (32) square feet. 187 188 .... 189 190 COMMENT 191 192 In the Agricultural Districts, presently lodges and community centers are conditional uses, 193 and churches and monasteries are also conditional uses. These amendments will make all 194 "assembly uses" and "religious uses" conditional uses. 195 196 197 ARTICLE 5. RESIDENTIAL DISTRICTS 198 199 .... 200 201 Sec. 501. Use regulations. 202 203 (a) Principal and conditional uses. The following chart lists those uses 204 permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures 205 in the respective residential districts shall be permitted as either principal uses indicated 206 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 207 "X" shall be prohibited in the respective districts. No uses or structures other than as 208 specified shall be permitted. 209 210 211 Residential Districts 212 Uses 213 R-40 R-30 R-20 R-15 R-10 R-7.5 R -5D R -5R R -5S R-2.5 214 215 216 Child care centers 217 and child care 218 education centers 219 in GhuFrhes 220 religious uses C C C C C C C C C C 221 Csbes G G G G G G G G G G 5 222 223 Community 224 centers, P61blis PC PC PC PC PC PC PC PC PC PC 225 Religious Uses C C C C C C C C C C 226 .... 227 228 COMMENT 229 230 In Residential Districts, presently public community centers are conditional uses, and 231 churches are also conditional uses. These amendments will make "assembly uses" prohibited, 232 except for community centers, which will be conditional and will make "religious uses" conditional 233 uses. 234 235 ARTICLE 6. APARTMENT DISTRICTS 236 237 Sec. 601. Use regulations. 238 239 (a) Principal and conditional uses. The following chart lists those uses 240 permitted within the A-12 through A-36 Apartment Districts. Those uses and structures 241 in the respective apartment districts shall be permitted as either principal uses indicated 242 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 243 "X" shall be prohibited in the respective districts. No uses or structures other than as 244 specified shall be permitted. 245 246 Use 247 248 .... 249 Assembly Uses 250 251 Child care education centers in 252 conjunction with public or private 253 elementary schools or smashes 254 religious uses 255 GhHFGhes 256 Glubs, 257 .... 258 259 260 Religious Uses 261 .... 262 263 264 265 A-12 A-18 A-24 A-36 C C C C P P P P X X G G C C C C Al 266 COMMENT 267 268 In the Apartment Districts, presently clubs, private or athletic are allowed as conditional 269 uses in the A-24 and A-36 zoning districts, and churches also conditional uses. These amendments 270 will make "assembly uses" and "religious uses" conditional uses. 271 272 ARTICLE 8. OFFICE DISTRICTS 273 274 Sec. 801. Use regulations. 275 276 (a) Principal and conditional uses. The following chart lists those uses 277 permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the 278 respective Office Districts shall be permitted as either principal uses indicated by a "P" 279 or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall 280 be prohibited in the respective districts. No uses or structures other than as specified 281 shall be permitted. 282 283 Use 284 01 02 285 Assembly Uses C C 286 Child care education centers in 287 connection with public or private 288 elementary schools or sloshes 289 religious uses P P 290 GhuFGheS G 291 292 Museums, art galleries, 293 audit9FOUMS, aFeRas, 294 GUltUFal GeRteFS, historic exhibits, 295 botanical gardens, parks, 296 recreational facilities and the like, 297 when operated by a public 298 agency or not for profit X P 299 300 301 senteFs elee • esyR'^, 302 303 304 Religious Uses C C 305 .... 306 307 COMMENT 308 309 In the Office Districts, presently auditoriums, arenas and civic or cultural centers are 310 prohibited in the 0-1 zoning district and permitted in the 0-2 Zoning District, and private clubs 7 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 and lodges, social centers, eleemosynary establishments and athletic clubs are prohibited in the 0-1 zoning district, and are conditional uses in the 0-2 Zoning District. Churches are conditional uses. These amendments will make "assembly uses" and "religious uses" conditional in the 0-1 and 0-2 zoning districts. ARTICLE 9. BUSINESS DISTRICTS Sec. 901. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B -4K Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Assembly Uses Aed-i#a}s, asset halls, aFeRar, and—UR09R Binge halls Fishes GlUbS, , (-� dgCT r��-rcr ,SeriesI veRteFs- e eleemesynaFy ostable hm +� d �,,,,,2R� aflQ Religious Uses B-1 B -1A B-2 B-3 B -3A B-4 B -4C B -4K C C C C C C C C X G P- P- P- P- P- X X X X X X G G G G G G G P- P- -12 P2 -12 P- P2 P- C C C C C C C C COMMENT In the Business Districts, presently auditoriums, assembly halls, arenas and union halls are prohibited in the B-1 and B -4K zoning districts, conditional in the B -1A zoning district and permitted in the other business districts; bingo halls are conditional in the B-2 and B-4 business districts and private clubs and lodges, social centers, eleemosynary establishments and athletic clubs are permitted in all districts. Churches are conditional in all zoning districts, except B-1 356 where they are prohibited. These amendments will make "assembly uses" and "religious uses" 357 conditional uses in all districts. 358 359 ARTICLE 10. INDUSTRIAL DISTRICTS 360 361 Sec. 1001. Use Regulations. 362 363 (a) Principal and conditional uses. The following chart lists those uses permitted 364 within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the 365 respective industrial districts shall be permitted as either principal uses 366 indicated by a "P" or as conditional uses indicated by a "C." .. . 367 368 Use 369 1-1 1-2 370 .... 371 115 G G 372 .... 373 374 COMMENT 375 376 In the Industrial Districts, presently bingo halls are conditional uses and churches are 377 prohibited. These amendments will make "assembly uses" and "religious uses" prohibited in all 378 Industrial Districts. 379 380 ARTICLE 11. PLANNED DEVELOPMENT DISTRICTS 381 .... 382 383 B. PD-1-12 PLANNED UNIT DEVELOPMENT DISTRICT 384 385 .... 386 387 Sec. 1125. Allowed Uses. 388 389 Within the PD-1-12 District, only the following uses and structures shall be 390 permitted: 391 392 .... 393 394 (c) Conditional uses. 395 396 (1) Ghur^h Religious Uses, provided that such use shall not be eligible for 397 residential density credit; 398 399 .... 400 9 401 COMMENT 402 403 These amendments simply replace "church" with "Religious Use." 404 405 ARTICLE 15. RESORT TOURIST DISTRICTS 406 407 .... 408 409 B. RT-2 Resort Tourist District 410 411 .... 412 413 Sec. 1511. Use regulations. 414 415 (a) The following chart lists those uses permitted within the RT-2 Resort 416 Tourist District as either principal uses, as indicated by a "P," or as conditional uses, as 417 indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 418 2 (section 220 et seq.)... . 419 420 Use 421 RT-2 422 423 Assembly Uses C 424 O 425 426 Gh, ches O 427 .... 428 P." G11-119S, ledges, snvrucr 429 GeRteFG, eleemesyRani 430 O 431 Religious Uses C 432 Retail establishments, provided 433 that adult bookstores shall be 434 prohibited from locating within 435 five hundred (500) feet of any 436 Apartment or Residential zoning 437 district, single- or multiple-family 438 dwelling, GhwFGh, religious use, 439 park, or school P 440 .... 441 442 COMMENT 443 444 In the RT-2 District, presently auditoriums, assembly halls and private clubs and lodges, 445 social centers, eleemosynary establishments and athletic clubs are conditional uses. Churches are 10 446 conditional uses. These amendments will make "assembly uses" and "religious uses" conditional 447 uses. 448 449 C. RT-3 RESORT TOURIST DISTRICT 450 451 Sec. 1521. Use regulations. 452 453 (a) The following chart lists those uses permitted within the RT-3 Resort 454 Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as 455 indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 456 2 (section 220 et seq.). 457 458 .... 459 460 Use 461 RT-3 462 463 Assembly Uses C 464 AwditGFiums and Assembly Halls 465 .... 466 G#uFGhes 467 .... 468 P-i-ate G qhs ledge r-rn�tc—�vru .,, .....y...., 469 69Gial G RteFs 470 eleemesynaFy 471 establishmeRts a;;d 472 athle#is-sluts 473 474 Religious Uses C 475 476 .... 477 478 COMMENT 479 480 In the RT-3 District, presently auditoriums, assembly halls and private clubs and lodges, 481 social centers, eleemosynary establishments and athletic clubs are conditional uses. Churches are 482 conditional uses. These amendments will make "assembly uses" and "religious uses" conditional 483 uses. 484 485 D. RT-4 RESORT TOURIST DISTRICT 486 487 Sec. 1531. Use regulations. 488 489 .... 490 11 491 (c) Conditional uses and structures: Uses and structures hereinafter 492 specified, subject to compliance with the provisions of part C of article 2 hereof: 493 494 .... 495 496 (2) GhUshes Religious Uses; 497 498 .... 499 500 COMMENT 501 502 In the RT -4 District, presently all assembly uses are prohibited and churches are 503 conditional uses. These amendments will make "assembly uses" prohibited and "religious uses" 504 conditional uses. Adopted by the Council of the City of Virginia Beach, Virginia on the day of Approved as to Conte Planning apartment CA -10211 R-33 September 11, 2007 2007. 12 Approved as to Legal Sufficien y: (Ix'I City Attorney's Office CITY OF VIRGINIA BEACH AMENDMENT TO THE ZONING ORDINANCE — ASSEMBLY AND RELIGIOUS USES Agenda Item # 10 June 13, 2007 Public Hearing REQUEST: An Ordinance amending Sections 111, 203, 211, 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance and combining Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls as Assembly Uses and combining Churches, Monasteries, and Convents as Religious Uses and making both uses Conditional in the zoning districts where they are allowed. SUMMARY OF AMENDMENT The proposed amendments are part of an effort to update the City Zoning Ordinance. These proposed amendments address two groups of uses that, by their nature as places where people assemble together, are similar, but are also disparate in that one consists of gatherings for religious purposes while the other does not. Since, however, the uses all consist of the assembling together of people, the uses must also be treated similarly in terms of zoning. The attached amendments strive to achieve such similarity in treatment. The amendments will take all uses that are traditionally "assembly uses" (Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls) and combine them into one category — Assembly Uses. The same will be done for churches and their related uses, such that they will be classified as Religious Uses. RECOMMENDATION The proposed amendments are recommended for approval. CITY OF VIRGINIA BEACH AMENDMENT TO THE CZO — ASSEMBLY AND RELIGIOUS USES Agenda Item 10 Page 1 Item #10 City of Virginia Beach An Ordinance amending Sections 111, 203, 211, 230, 401, 403 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance and combining Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls as Assembly Uses and combining Churches Monasteries, and Convents as Religious Uses and making both uses Conditional in the zoning districts where they are allowed and defining Storefront Religious Uses and making them permitted uses in the B-2 Business District June 13, 2007 CONSENT Janice Anderson: The next matter is agenda item 10. It's the application of the City of Virginia Beach, an ordinance amending Sections 111, 203, 211, 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531. These amendments merge uses and identify them as assembly uses, and also merge uses and identify them as churches or religious uses, and makes a distinction regarding store front religious uses making them permitted uses in B-2 districts. Kay Wilson from the City Attorney's Office is representing this application. Kay Wilson. Yes ma'am. You should have at your desk a new revision to this ordinance. It is revision 31 at the back of the ordinance. The only thing that it does from the version that was at the informal session this morning is that it allows all assembly uses in the agricultural districts rather than just assembly halls. This ordinance itself reorganizes the City's Zoning Ordinance and combines many uses into two categories. Assembly uses, which are listed on the first page, and as everyone knows assembly halls, auditoriums, bingo halls, civic centers, community centers, private clubs, union halls, and other like establishments, excluding religious uses, and Religious uses, which are churches, monasteries, temples, and things of that nature. These two categories are conditional uses where they are allowed. This is somewhat of a change for some of the assembly uses that are permitted uses, particularly in the office and business districts. It also brings the CZO into compliance with the Religious Land Use Institutionalize Persons Act or RLUIPA, which requires the City to treat religious uses no worse than other similar uses. This ordinance does do that. We've also added a category of storefront religious sues. These would be permitted uses in the B-2 District. There has been no opposition to this ordinance; so, it has been placed on the consent agenda by the Planning Commission. Janice Anderson: Thank you Ms. Wilson. Is there any objection to placing that application on the consent agenda? Thank you. Mr. Chairman, I have a motion to approve the following agenda item 10. Item # 10 City of Virginia Beach Page 2 Barry Knight: Thank you. There is a motion on the floor. I have a second by Kathy Katsias. Mr. Macali? William Macali: Ms. Anderson, your motion is to approve the revised version of the assembly usage version. Just for the record. Janice Anderson: Thank you Mr. Macali. Yes. Barry Knight: Her motion is to approve. Kathy, do you concur on your second? Kathy Katsias: Yes. Barry Knight: Is there any discussion on the consent agenda from the Commission members? Okay. I'll call for the question. Ed Weeden: By a vote of 10-0, the Board has approved item 10 for consent. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE ABSENT WOOD AYE Ed Weeden: By a vote of 10-0, the Board has approved item 10 for consent. APPOINTMENTS HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL