consent conditions - vbgov.com...2015/02/11 · february 11, 2015 consent an application of 5073...

Item #1 5073 Virginia Beach Boulevard Conditional Use Permit 245 Pennsylvania Avenue District 4 Bayside February 11, 2015 CONSENT An application of 5073 Virginia Beach Boulevard for a Conditional Use Permit (Automobile Repair Garage) on property located at 245 Pennsylvania Avenue, District 4, Bayside. GPIN: 14678592570000. CONDITIONS 1. The site shall be developed substantially in conformance with the site plan exhibit and architectural

renderings titled, “EUROTECH SERVICE CENTER,” as prepared by GMF + Associates. 2. Per Section 221(i) of the City Zoning Ordinance, the proposed improvements may deviate from the

Zoning Ordinance requirements for the B-2 Business District with regard to the front yard setback and side yard (adjacent to a street) setback, as shown on the conditioned site plan.

3. There shall be no bulk storage or motor vehicle sales on the subject site. 4. All signage, including building-mounted signs, shall be in conformance with the requirements set

forth in the City Zoning Ordinance. 5. This Conditional Use Permit for Motor Vehicle Repair shall expire ten (10) years from the date of City

Council approval. To continue the use of Motor Vehicle Repair after such expiration, the applicant shall request approval of a Modification of Conditions through the submission of proper application in affect at that time.

A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approve item 1. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN ABS KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE

Item #1 5073 Virginia Beach Boulevard WEINER AYE By a vote of 10-0-1, with the abstention so noted, the Commission approved item 1 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant.

VIRGINIA BEACH PLANNING COMMISSION

February 11, 2015 12:20 p.m.

FORMAL SESSION PUBLIC HEARING

UNITED STATES MANAGEMENT

VERBATIM

Item #2 United States Management (USM) Page 2

PLANNING COMMISSION

Philip L. Russo, Jr. At-Large E. Ross Brockwell Bayside - District 4 Jan Rucinski Centerville - District 1 Dr. Karen B. Kwasny Princess Anne - District 7 Jack Wall Rose Hall - District 3 Michael A. Inman At-Large Dee Oliver At-Large David Weiner Kempsville - District 2 Jeff Hodgson Beach - District 6 Ronald C. Ripley At-Large Robert Bob Thornton Lynnhaven - District 5

SARAH DEAL JENKINS, MMC DEPUTY CITY CLERK, II


COMMISSIONER RUSSO: Mr. Chairman, the first item on the

agenda is an application of United States Management for a Special Exception for Alternative Compliance, an Application for Major Entertainment Venue Signs on property located between 19th Street and Virginia Beach Boulevard, with the center of the site being approximately 2,000 feet east of Birdneck Road, District 6 - Beach.

Mrs. Crenshaw?

ANN CRENSHAW: Good afternoon, Mr. Chairman,

Mr. Vice Chairman, and Members of the Commission. I'm Ann Crenshaw. I'm a member of the Virginia Beach office of Kaufman and Canoles. I am joined by representatives of the Applicant, Andrea Kilmer and Joe Gelardi, who are also available to answer any questions. I'm going to be very brief.

We are here on the limited issues before the Commission to request the approval of the Alternative Compliance and the Sign issue. We'd like to thank the City Staff for the thorough analysis, both in its written report and in its presentation to each of you this morning in the Informal Session, and we also appreciate the favorable recommendations set forth in the report. We consent to all of the conditions set forth in the Staff Report.

We have been in this process of coming before you for well over a year. My client has met and continues to meet with representatives of the community and will continue to do so. We have been active with the Virginia Beach Arena Citizens Communications Committee and will continue to do so. I think I'm just going to end it at that, unless you have any questions. We would ask you look favorably on our Application, and thank you for your time.

CHAIRMAN HODGSON: Are there any questions for

Mrs. Crenshaw? Thank you.

ANN CRENSHAW: We put cards in for Mrs. Kilmer and


Mr. Gelardi, should any questions arise that require their consent.

CHAIRMAN HODGSON: Thank you.

COMMISSIONER RUSSO: Mr. Chairman, the first speaker in

opposition is George Minns.

GEORGE MINNS: Good morning, Ladies and Gentlemen of

the Planning Commission.


CHAIRMAN HODGSON: Good afternoon.

GEORGE MINNS: I'm here on behalf of the Seatack Community, a community that has been

substantially left out of discussions. Our knowledge of things going on came to us by the kindness of, I guess, it's Ed Garcia Company. We had no knowledge that there was a Citizens Arena Communications Committee. Ironically, I find out when I FOIA'd when was this committee was created, who's on the committee, who's representing who.

What I received back from the City Attorney's office indicated that I was on the committee that I had no knowledge of that had existed for over two years. No one asked my permission to put my name up there. No one informed me. I think the first communication I received from the committee, itself, was on or about November.

Then Mount Olive Church, which would be directly impacted, and they are a member of our Civic League for legal purposes, my right to at least speak on their behalf in that regard, Mount Olive Church had a person listed. They had listed Mount Olive Church as being on the committee. The person's name that they had listed was previously at the church approximately two years ago but not there now.

And in the interim, no one had said anything to me on behalf of the community, which is the oldest community in that Beach District. In fact, we built the Town of Virginia Beach in 1906, because there wasn't nothing else down here. Our concern is twofold. In Seatack, the City has been suppressing African-American use of their land. They can't add on to their house, but others can come and build 3 stories right beside them.

It was said that this came into being out of a directive from the Department of the Navy on or about 2005, and I think you're familiar with that, and I think that was a directive issued to all Naval and Marine Air Stations. But it has been applied extremely harshly upon the African-Americans in Seatack, which is also the oldest African-American community


in the City of Virginia Beach and the oldest African-American community in the United States, per Congressional records.

I submitted our objections, and I hope it was distributed to all of you, but the two main concerns there are, we recently had a jet plane crash. I believe this site is about 2 or 3 seconds jet time from where that plane crashed. I believe, also, it's like a no-brainer today, that if a jet plane came


out of the air and hit the Arena, and you've got 10-15,000 people in there, 1,000 people are going to die. The jet just came off the runway. The tanks are full of fuel. We have no guarantee where a jet plane is going to fall. But I think it's ironic they're asking to extend into the jet flight area for this and look at 15,000 people in one place when density has been the issue used to suppress African-Americans off of their land in Seatack.

Now we're talking jet planes flying over. And it's my understanding the Oceana Naval Air Base is getting ready to go to larger jets. The fact of the matter is, no one can disregard the fact that if a jet plane falls and hits that Arena, it will go through it. There will be no time to get out. I don't understand how our City Government can justify applying harshly-reducing density, turn down homes in the community, and at the same time put public occupation things right in the path of those jets. It's not like we don't know the jet would fall.

The next thing is traffic. The traffic, if you take First Colonial Road to Parks Avenue or Cypress, it's about 2 miles. Within that 2-mile area, you can only get so many cars, even if they do add another lane. Then you take Virginia Beach Boulevard, Birdneck, you only have so many roads in and out of that little area. It's only .3 miles wide. From where I live in the Atlantic park section, the closest Fire Station is on the other side of where they propose to put it.

You drop 5,000 cars, I think, their consultant said something like 5,000 will be the high number, but when you go to major events you're going to come above 5,000 cars. If you mathematically take a mile, 5,280 feet, divide what Ford Motor Company says is a compact car, 13.5 feet into it, if you have compact cars, bumper to bumper, no space between them, from First Colonial to Cypress to Virginia Beach Boulevard at Birdneck all the way back up on the ramp, you can get less than 4,500 cars.

So, the fact of the matter is, the traffic record for North Birdneck is 20,000 cars. The traffic count for South Birdneck is 15,000. The area is too small. The bottom line is, I haven't seen, and I've asked for it, I have seen no jet crash impact study. How are you going to safeguard thousands of


people inside of that building? And until you have that, I believe that it is wrong for any governmental body to step outside of their scope of authority and put anything in motion that is obviously on its face publicly endangering.


If you gridlock Virginia Beach Boulevard, the Fire Trucks can't get to us and we've got older homes. The ambulance can't get to us, and we have a substantial elderly population that is almost 100 years old. We have a lot of elderly who are 95, 96, 97 years old. They're going to often need Rescue, Fire, Police, but if you gridlock Virginia Beach Boulevard there will be no way for the Rescue or the Fire Truck to get to us.

The next closest Fire Department is down towards General Booth, which is 2 miles away. The old houses will be burned down. So, it is creating a public endangering from the traffic. And the traffic report is truly based on guessology on the low end, but you're also talking about going to the high end. Then it's like nobody is looking at the fact that those jets when we already just had a jet plane fall.

So, I would ask that you defer. I'm not against the Arena. I'm against endangering elderly people who've been here all of their lives, endangering people who will be there for a nice family event, and you can't control the jet planes in the air. They don't have parachutes on them to bring them down slowly. So, I would ask that you defer it. That would be the position of Seatack, to defer this until you have a true traffic impact study, until you have true jet plane crash facts before you.

I believe all of us owe public safety and public welfare. I don't care what nobody wants for greed or business profit. Public safety is the number one duty of all government officials, and you don't have the facts in front of you. I would ask you to defer it. Thank you.

CHAIRMAN HODGSON: Thank you, Mr. Minns. Does anybody

have any questions for Mr. Minns? Thank you.

GEORGE MINNS: Thank you.

COMMISSIONER RUSSO: Mr. Chairman, our next speaker in

opposition is Andrew Jackson.



ANDREW JACKSON: Good afternoon, Ladies and Gentlemen.

CHAIRMAN HODGSON: Please, state your name, for the record?

ANDREW JACKSON: My name is Andrew Jackson, the

current one. I've been in this area


since 1956. I've been a permanent resident since I retired from the Military in 1975. I was here before some of the roads they're talking about were here. I'm here this morning because in my last few years in the Military, 1969, to be exact, I started my career in the Military at the end of Korea, ended it the end of Vietnam. But all of that time, remember, I was supporting things that were suppressing who I was. So, I've made it my mission that those that come after me don't experience the things that I have before and currently.

My main concern is people, in general, but in this case I've looked at the maps, I've looked at the drawings, and one thing is very clear that that neighborhood, but specifically that old church that stands near the intersection of Birdneck and Virginia Beach Boulevard, Mount Olive, that was the church that served the community when the kids needed education and there was no school. That was the church that has stood there for that community for years. When I look at the impact to that church, there's been variable guarantees, "no, we're not going to touch the church", but I've looked at where the parking lot goes up against the property so far. I've looked at the possibility of an expansion of Birdneck Road so far, but I haven't seen anything in writing that says "you see"?

I am particularly disturbed because this month we decided in this country that we would give a month to the history of those folks that are left out of the history books. And I remember Dr. King, when he talked about Liberty ringing, places like New Hampshire and Georgia, Colorado and California, but I was here and I didn't hear the bells ring for places like Gracetown and Beechwood and New Light and Centerville and Burton Station, and now Seatack and that little church that stood there.

In 1969, I was a Chief Petty Officer, and I spoke before the key leaders of the Military for Navy and Marine Corps, a place called Arlington. And I told them in a speech that America has never been America to me, even through Korea, Vietnam, and I explained to them why I said that, but I made a commitment at the end of that, and I said some day it will be. So, I will ask you in your recommendation will the Liberty Bell ring in Seatack? Will your recommendation allow that bell to ring for that little church on the corner called Mount Olive, or will you silence that bell for those people? It's just a question.


I would ask you, take your time. Push it back a little bit. Push this rush back and take a look at what will be the impact on that community and the City, as a whole. Thank you.


CHAIRMAN HODGSON: I'd also like to thank you for your

service. Thank you very much.

COMMISSIONER KWASNY: Can I ask him a question?

CHAIRMAN HODGSON: Sure.

ANDREW JACKSON: Yes, Ma'am?

COMMISSIONER KWASNY: Mr. Jackson, I get the sense, and

provide me with some clarity, that there is a feeling that the community hasn't had a voice in the discussions?

ANDREW JACKSON: Not that I know of.

COMMISSIONER KWASNY: Would it provide comfort if the

community were reached out to in some way to allow you that voice?

ANDREW JACKSON: Well, we have been, per se, when it's

convenient. I think Mr. Minns mentioned the fact that some folks are now realizing that their name is on a committee that no one had ever heard of. So, I guess, honesty and integrity reaching out would do. If I shake your hand, I at least want to --

COMMISSIONER KWASNY: And what are you looking for, in

terms of the church preservation? What would provide you comfort there?


ANDREW JACKSON: Not impacting their property.

COMMISSIONER KWASNY: And at the moment, that's part of the

discussion. So, how would you feel more secure?

ANDREW JACKSON: Some guarantee, some written

something that says "this is not going to happen". See, I've seen the parking area move. I saw the original, I don't remember how many years, a couple of years ago, somebody came and did a little presentation. I saw it, but it's moved since then. There was no talk then of expansion of Birdneck. There was no talk of extending the parking. All of a sudden, every time you look at this it just seems like more and more encroachment of property, and I've seen the loss of property too often.

CHAIRMAN HODGSON: Are there any other questions?


COMMISSIONER RIPLEY: Also, is your property being taken?

ANDREW JACKSON: Not mine.

COMMISSIONER RIPLEY: The church? Is the church property

being taken?

ANDREW JACKSON: We don't know that. That's the

problem. We're watching the growth of this project, and we're not sure. And the point is, you won't know until --

COMMISSIONER RIPLEY: But there's no taking of your

property, it looks like to me the Site Plan is drawn around your property, or around the church property.

ANDREW JACKSON: That Site Plan now, does that Site

Plan show an expansion of Birdneck, widening the road?

COMMISSIONER RIPLEY: I don't know about that.

ANDREW JACKSON: Does it show where that parking lot

comes right up to the back door of that church property? I don't even drive that way. I don't drive in front of -- I drive up there. I want to see where I'm going. The point is that I asked for take your time and look at it, and you're the Planning Commission. You have to ask the questions that I can't ask.

COMMISSIONER RIPLEY: Well, from this Site Plan I can't see


where your property is being taken. If there's need for a road widening in the future, that impacts a lot of other people than just the church.

ANDREW JACKSON: For sure.

COMMISSIONER RIPLEY: So, that's another public issue,

which I don't think that's even considered at the moment. I was just trying to understand if there were some taking of your property, and I haven't heard that.

ANDREW JACKSON: Not yet.

COMMISSIONER RIPLEY: Okay. Thank you.

CHAIRMAN HODGSON: Any other questions for Mr. Jackson?


Thank you very much.

ANDREW JACKSON: Thank you.

CHAIRMAN HODGSON: I'm sorry, Mr. Minns. You had a

ten-minute allotment.

GEORGE MINNS: No, I'm trying -- things have been discussed with regards to what they

brought up.

CHAIRMAN HODGSON: Okay.

GEORGE MINNS: If I may, so that you have all of the

information, very briefly?

CHAIRMAN HODGSON: I'm sorry. At this time, it's a

ten-minute rule, and it wouldn't be fair to the other speakers.

GEORGE MINNS: One of your Members asked a question.

He didn't have the information.

CHAIRMAN HODGSON: Sure, Mr. Minns. Come on up.

GEORGE MINNS: In response to the concern of the community and the church, the matter

of widening Birdneck Road has been discussed. I was contacted by another Civic League at the Oceanfront, told to go to a meeting at the EMS building. When I got there and sitting in the audience, that Civic League, I think, is the Resort Civic League. They had City Council documents or whatever was used to brief City Council, and they were discussing the widening of Virginia Beach Boulevard to, I guess, eight lanes, and the


widening of Birdneck from what it is, either one or two more lanes. That obviously sent our bombs off.

And with regards to her question of how can you preserve it, a proffer that the City would agree to recorded in the Circuit Court would assure the church. The City has recognized that church as an historical site. They are in the process of trying to get on the National Register now. But a proffer is what was used to protect St. Stephens Church when the commercial development was right beside that. Widening had been discussed.

CHAIRMAN HODGSON: This application is regarding the

Arena, not regarding --

GEORGE MINNS: Fully aware, but I was just


responding to her question and his regarding nothing had been said about widening. That is being discussed.

CHAIRMAN HODGSON: Thank you very much. Next speaker?

COMMISSIONER RUSSO: Mr. Chairman, there are no other

speakers.

CHAIRMAN HODGSON: Mrs. Crenshaw, would you like time

for rebuttal, or would you like somebody else from your team to?

ANN CRENSHAW: Thank you, Mr. Chairman. I really don't think I want any rebuttal. If

there are any specific questions that need to be answered, not only are my representatives of my client here, but the representatives of the City who have been working on this for well over a year are here and they can answer any specific questions you might have.

CHAIRMAN HODGSON: From what I took from that, there

were three concerns: Mount Olive Church; has the Navy been involved in discussions about the Arena?

ANN CRENSHAW: Yes.

CHAIRMAN HODGSON: And traffic.

ANN CRENSHAW: Yes. Let me back up and say this.

We have had discussions with the community, and I'd really like Barry Frankenfield, since he has been so intimately involved with this, if he doesn't mind coming up and addressing that and the traffic issue, since that is something that he's intimately involved with.


CHAIRMAN HODGSON: Okay. Thanks.

BARRY FRANKENFIELD: Let me, first of all, do I need to

introduce myself?

CHAIRMAN HODGSON: Yes, please.

BARRY FRANKENFIELD: Barry Frankenfield, City of Virginia

Beach SGA Office. There are no plans in the City to widen Birdneck Road; is that correct?

DR. STEPHEN WHITE: Not that I know of.

BARRY FRANKENFIELD: All right. So, we don't know of any


plans to widen Birdneck Road; that means acquire additional right-of-way. The plans, the Planning documents, the Traffic Management Plan proposed that is posted on the website in a couple of different ways proposes to add lanes and turning movements where feasible within the right-of-way; no acquisition of right-of-way. And we have, Dave Hansen and I were at the Seatack Civic League meeting the previous Monday, and Dave said we will not touch the church, we will not touch the church property, unless we come up with some sort of improvements that you would support. So, one of our options is to do underground power lines.

CHAIRMAN HODGSON: When you said "you would support",

you mean the church would support.

BARRY FRANKENFIELD: Right, that the church would support.

So, in our report, it shows an optional improvement to do wider sidewalks and underground the overhead utilities, which is primarily a beautification and pedestrian improvement approach. We have not detailed that plan out. We do not know. There is no right-of-way acquisition proposed, but typically when you do a project like that you do need construction easements. So, our commitment to the church is that unless you want these improvements and unless you agree to these improvements, we will not touch your property. Have I made myself clear?

CHAIRMAN HODGSON: I think so.

BARRY FRANKENFIELD: All right. What else? Did you have

anything else?

CHAIRMAN HODGSON: Let's go to the Navy, just their

involvement in this.

BARRY FRANKENFIELD: The Navy, I don't have the name, you

have that, but the Navy has been involved in the discussions. The Navy has determined that


it's complimentary use. This one, they can answer. Ashby, what's the name?

ASHBY MOSS: Joint Review Group.

BARRY FRANKENFIELD: There's a Joint Review Group, City

and the Navy. Navy representatives have been there. In addition, the developer will go through an application to the FAA to determine compatibility with air rights issues. Do you want to answer those? I know they're going to ask me to come back.


ANN CRENSHAW: Mr. Gelardi, who is a former F-18 pilot, has been overseeing the

relationship with the Navy, and perhaps he'd like to.


JOE GELARDI: Thank you. Good afternoon. I'm Joe Gelardi, Vice President with USM.

And with regard to the Navy issues, one of the first questions raised was zoning and crash potential. And I'm sure that the Planning folks can share with you, I'm referencing at a Virginia Beach Zoning Grid Section L-06. You can see that the site, itself, along with the Convention Center, are clearly east of the Accident Potential Zone 2, which results form straight-in traffic to Runway 2/3 and departing traffic on Runway 5, and then it's well to the east and the northeast of the Accident Potential Zone 1 that's created by the traffic that's in the landing pattern, itself, so it's well clear of those accident potential areas.

With regard to the height restriction, we have already submitted that application with the FAA. Their investigation is underway, although I would add that the City, itself, submitted back in 2012 for a determination of obstruction hazard for the site for the previous attempt to develop an arena there. The FAA conducted a full investigation at that time, and they did issue a letter of determination that there is no obstruction as long as the height of the structure is below 177 feet AGL. We certainly would not anticipate exceeding that height. That determination letter expired only a few months ago in June of 2014, and so we've applied and that process is underway and should be completed within the next three or four weeks.

CHAIRMAN HODGSON: Thank you. Any questions? Ron?

COMMISSIONER RIPLEY: I have a question. I don't know if

it's for him to answer or not, but there's been discussion about the community hasn't received any kind of -- wasn't aware of discussions that were going to happen or open discussions and public hearings, etcetera. I


know I have not attended any but I've seen them in the paper I don't know how many times about public meetings at the City Council or down at the Convention Center and so forth. Can somebody summarize what the process of the public relationship has been?

JOE GELARDI: There's certainly been and at great length. I might want to defer back

to Barry or Ashby on the City-sponsored events, but I would


say as developers we also have launched a concerted outreach effort with the public, social media, as well as a whole series of briefings that have been offered to a wide range of business and community and civic leagues throughout the past 14 months. But I'll let Ashby talk about the City-sponsored hearings and discussions, which there have been numerous.

COMMISSIONER RIPLEY: Joe, before you leave, I've got a

quick question. It's clear the APZ you were talking about, APZ-1. There's an APZ-2 indicated on this map. Could you just clarify the difference between the two and why you're confident that it's clear of the Accident Potential Zone?

JOE GELARDI: So, the difference, and I don't have the full report open to look at how

they define the potential, but Accident Potential Zone 1 is a higher potential than Potential Zone 2. Potential Zone 1 is originated by traffic that's in the landing pattern directly next to it, and Zone 2 is really created by departing and arriving traffic to and from the field, but in any case, the site, itself, is located well to the east. Those boundaries are all to the west of Birdneck Road, so this site is not really affected.

CHAIRMAN HODGSON: Thank you.

ASHBY MOSS: Ashby Moss, City of Virginia Beach, just following up on that. So, this

is outside of the Accident Potential Zone, and, again, it's been discussed with the Joint Review Group of the Navy and the City, and it has been deemed to be compatible.

As far as your question for the City-sponsored opportunities for public comment and public hearings, there have been four total. Two of them have been Town Hall-style meetings. Back in March of 2014 was when two proposals were presented, and then on December 3rd, 2014, there was a Town Hall Meeting at the Civic League. Invitations were sent out to all members in the community and attended by members of the community. I think Mr. Minns even referred to attending those.


And then there were two public hearings at City Council, the hearing on December 2, and then another one on December 9. And I also spoke to Deputy City Manager Dave Hansen after we had our briefing, and he is attending the Seatack Community Civic League meetings every month. He started in January, gave a presentation on the infrastructure in February, so he is committed to working with them and making sure that any of their concerns are alleviated. There was also a Virtual Town


Hall Meeting, but that was just one other opportunity.

CHAIRMAN HODGSON: Thank you. Any questions?

COMMISSIONER THORNTON: I have one. I'm not sure

whether the Virginia Beach Convention Center went in before or after BRAC, because BRAC, I think, was '05 or '06, but obviously you've got a facility already there essentially across the street that can handle thousands of people. I would assume the Navy had something to say about the City putting the Virginia Beach Convention Center there; did they not? Did that slip through before BRAC came along?

ASHBY MOSS: I'm going to have to defer to either Karen Lasley or Stephen White.

COMMISSIONER KWASNY: Ashby, before you do, so what you're

saying is Mr. Hansen is holding community meetings on a regular and ongoing basis, so there's still --

ASHBY MOSS: He attends their community meetings.

COMMISSIONER KWASNY: Right, their community, the Civic

Leagues. So, there's still opportunity for them to continue to have discussions about those items?

ASHBY MOSS: Yes.

COMMISSIONER KWASNY: That they're concerned about that we

haven't yet answered, if any, right?


ASHBY MOSS: Right.

COMMISSIONER THORNTON: My little involvement with the Navy

and such, if they don't think this is a good idea they weigh in on it very strongly and quickly. So, I appreciate the speaker's concern about jets falling out of the sky, because all of us do because they can, but I would assume that that's not an issue with the United States Navy.

COMMISSIONER KWASNY: They've already provided their report

on it, haven't they?

ASHBY MOSS: Yes, they reviewed it and deemed it compatible, and it's still in process

with the FAA.


COMMISSIONER THORNTON: For the height.

ASHBY MOSS: For the height. Stephen, do you want to? He's got a lot more knowledge on

the Convention Center.

DR. STEPHEN WHITE: Stephen White, Virginia Beach

Planning Department. I act as staff to what was called the Joint Staff Group, now the Joint Process Review Group or something like that. We're trying to decide on a name, but it's the group that reviews discretionary development applications, such as the Arena, for compliance with the Overlay, the AICUZ Overlay, which is Section 1800 of the Zoning Ordinance. But to just get short with the answer to your question, this was reviewed by the group one time in March when the idea was first coming forward. And then we also looked at it again, I think, it was two months ago and in both cases it was found to be compatible with the AICUZ Ordinance, in terms of its use.

To answer your question about the Convention Center, that actually predated the BRAC and the establishment of the MOU, the Memorandum of Understanding.

CHAIRMAN HODGSON: Any other questions for Dr. White?

The one thing I haven't heard us go over is traffic. I know that was a concern, and I'm not sure who would like to talk on that real quick.

ASHBY MOSS: Barry Frankenfield knows a lot more about this one, but I did write down

that there is an Operating Committee. He mentioned all those committees, the City committees that are working on Traffic Management Plans, etcetera, and the Operating Committee is one of those, and on that committee there are Public Safety representatives who will ensure that there is no risk or threat to being able to access those communities during events.

CHAIRMAN HODGSON: Any questions for Ms. Moss before she


sits back down again?

COMMISSIONER RIPLEY: Well, if you're talking about

traffic, and this is anecdotal, me attending events there, but it seems like to me the ability to get in and out of there is really extremely good coming in off of the expressway, coming in through Birdneck or coming through Parks. It's just in and out of there and the amount of infrastructure that's there that lets you move around always feels good and safe and not really congested at all for


a facility that size; whereas, if you're in downtown Norfolk or you're in Scope or those types of events, it can be really congested coming and going from that.

What was assuring to me this morning, and you might need to talk about it, is the mixed use, the usage of the facilities primarily in the daytime or primarily in the afternoon. Can you go over that again for the public's benefit, please?

ASHBY MOSS: I'm going to punt to Barry Frankenfield on that one, because

that has to do with the agreement between, I think, the Convention Center and the Arena.

COMMISSIONER THORNTON: I was just looking at, if you can

flip over to Page 5, if you've got somebody that's working the slides, that's a chart of the traffic capacity. And the chart with the traffic volume, and with the exception of Birdneck Road, and even there, you've got 19th, Virginia Beach, and Parks are all nowhere near capacity, and Birdneck is within 2,000 to 7,000 cars. So, if you look at that chart in our package on Page 5, unless there's something misleading about that there's a huge amount of capacity there. I just thought, I guess, we've all got it, but the public might want to see it on that slide.

ASHBY MOSS: That's in the staff report but it's not in the slide.

COMMISSIONER THORNTON: It's not up there? Okay.

CHAIRMAN HODGSON: Do you want more on traffic?

COMMISSIONER THORNTON: No, I'm good with it.

COMMISSIONER RIPLEY: I want you to discuss the mixed use part of it.

BARRY FRANKENFIELD: Let me just see if I can hit all of

the points, which I think Mr. Ripley


said. This is a very accessible site. Most of the traffic, about 70% of the traffic, comes from the west; either comes on Virginia Beach Boulevard or on the Interstate. So, there are at least three points of access and egress, which is really unusual for a site of this size. So, we have Birdneck Road. We have Virginia Beach Boulevard. We have Parks Avenue. There's three places to get in and three places to get out.

We do have a Traffic Management Plan, and that is posted on the City's website and we are following through with that.


That includes of the $52 million worth of improvements about $10-$15 million of that is improvements in the streets, additional lanes, additional turn lanes, additional signals, as well as we've estimated and budgeted for way-finding and traffic management. So, in addition to the improvements to the road, we propose that the big events are staffed by Police at the intersections, not private contractors but City of Virginia Beach Police, to manage traffic in and out of the site.

In addition, the Convention Center has a similar capacity need at times. So, we have an Operating Committee, as well as a Booking Policy Committee, to look at how the events are scheduled to ensure that we take advantage of the use of the parking when it can be used by either site. So, most of the time Convention Center activities are in the daytime, not all the time but most of the time. Most of the time, the Arena activities are in the evening. Shows start at 8:00 p.m. So, there is a clear gap in the use of the parking or the need of parking.

If there is an overlap, we have projected an overlap in our analysis of the general parking need. We have projected that on a peak event there's a need to park and get in 4,600 cars. That sounds like a lot. That is nothing on 4th of July. This is mostly in the wintertime, mostly offseason. This is, although it sounds like a lot, it is not a lot of traffic to be handled by the Interstate, Birdneck Road, and Virginia Beach Boulevard. And the parking, again, this happens only fifteen times a year at the most, so most of the time we handle all of the parking onsite. Most of the time we need minimal traffic management, as far as Police presence. But we do need it and we will have to have it on these peak events, which are when the Arena is sold out. Does that answer your question?

COMMISSIONER RIPLEY: Yes, thank you.

CHAIRMAN HODGSON: Any further questions?

BARRY FRANKENFIELD: I'll be glad to stay here.


COMMISSIONER BROCKWELL: I've got one, Jeff, just about this

Citizens Communications Committee. How were they selected, and how were they notified and involved, and what have they done over the last year and a half or two years?

ASHBY MOSS: Well, I can answer part of that. I went and spoke to our Media and


Communications Manager during the break, and the Citizens Communications Committee was formed in 2012, and those members were appointed by City Council. One of the members was a representative from Mount Olive Church, but apparently he is no longer associated with the church, from what I hear.

I don't know how many meetings they have had amongst themselves, but the two Town Hall meetings that I mentioned they were sitting up front primarily directed at them, and then the public also was invited to attend and make comments, which were all addressed. All of that information has been posted on the Arena website, vbgov.com/arena.

So, I don't know, again, how often that Communication Committee meets, but Mr. Minns is now a member and apparently was appointed several months ago. The City Attorney's office, there's a whole FOIA request on this, and they're working through providing all of the facts on that.

CHAIRMAN HODGSON: Anybody else? Thank you. Sorry?

COMMISSIONER INMAN: Not a question, just have a comment.

To educate those that are present here and maybe watch this on video, that committee that we were just talking about, the Citizens Communications Committee, we were provided a list earlier today, and there are over 40 community members who are a member of this representing many facets of the broad spectrum of our community on this committee.

This Planning Commission received a 177-page package from the Planning Staff a week ago which touched on everything, every aspect of this project, so that we would be better prepared for our discussion today. We also were briefed for an hour and had discussion for an hour this morning in our Informal Session, so what you're seeing here is only a small part of our preparation in discussion of this project.

CHAIRMAN HODGSON: Thank you. Are there any other

speakers?


ANN CRENSHAW: I'll be brief. There's one thing that has not come out in this

discussion this afternoon, and that is that the City and my client will enter into a development agreement. The development agreement is based upon a term sheet, and the term sheet, itself, specifies that issues, such as traffic and FAA and those issues, be addressed and be part of that document. So, there will be a formal document that will address all of this and spell it out. Thank you.


CHAIRMAN HODGSON: Thank you. Any other speakers?

COMMISSIONER RUSSO: Mr. Chairman, there are no other

speakers.

CHAIRMAN HODGSON: At this time, we will close the

Public Hearing and open it up for discussion amongst the Commissioners. Anybody who'd like to start? I'll say something about the traffic. I know it was brought up this morning about the way for people to exit the stadium here, and we brought up the Pavilion out in Princess Anne, and I believe someone said that holds about 20,000 people. And I don't believe there's near the road capacity there as there is at this site, and that always seems to work. I've been to numerous events out there and usually am able to get out pretty easily. So, I'm not as concerned about traffic on this venue, being that it's smaller and there's more ways to get to it and out of it.

COMMISSIONER RIPLEY: I think Mike Inman said it well.

We've received a lot of material preparing ourselves for this particular meeting, and it was all well done. And we've heard some good testimony here today, and we heard excellent testimony this morning, testimony this morning about you just heard it here in the public about public-sponsored comments and private comments at private-sponsored meetings that have occurred to look at this situation and examine the application. Testimony about the APZ, I think that was very healthy. I think it's clear now to the public. And I think the traffic studies that were provided by Kimley-Horne were very revealing, and I do believe that the ingress/egress ability to this particular facility is excellent.

What we've talked very little about is the facility, itself, and it's an exceptional facility, exceptional application. I think that it will be an exceptional component to the City. And the other thing that hasn't been spoken about is the development team, and it's very, very rich in experience,


particularly with local experience, the local building experience, and also the US Management, which really manages a lot of facilities throughout the country. So, I think I'll be supporting this.

CHAIRMAN HODGSON: Thank you. Anybody else? Is there a

motion?

COMMISSIONER INMAN: Second.

CHAIRMAN HODGSON: Motion made by Commissioner Bob

Thornton, seconded by Commissioner Inman. We're ready to vote.

ADMINISTRATOR WEEDEN: Vote is open. By a vote of 11-0, the

Commission has approved the Application of United States Management (USM).

(Whereupon, the discussion of this matter was concluded.)

Item #3 Virginia Beach Development Authority Modification of Proffers Northern corner of the intersection of General Booth Boulevard and Corporate Landing Parkway District 7 Princess Anne February 11, 2015 CONSENT An application of Virginia Beach Development Authority for a Modification of Conditional Change of Zoning originally approved by the City Council on June 13, 1988, and modified in 1989, 1993, and 1996 on property located at the Northern corner of the intersection of General Booth Boulevard and Corporate Landing Parkway, District 7, Princess Anne. GPIN: 24152286450000. PROFFERS PROFFER 1: The maximum building height for the portions of the Property with R&D classification, as defined in the Previous Proffers, which are adjacent to General Booth Boulevard is amended from thirty-five (35) feet to forty (40) feet. PROFFER 2: The minimum yard setback between parking lots and buildings (excluding sidewalks) for the portions of the Property with R&D classification, as defined in the Previous Proffers, that are adjacent to General Booth Boulevard is amended from twenty (20) feet to five (5) feet. PROFFER 3: Except as specifically modified by #1 and #2 above, all other terms, covenants, conditions, and restrictions contained in the Previous Proffers remain unchanged and in full force and effect. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approve item 3. AYE 9 NAY 0 ABS 2 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY ABS OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER ABS

Item #3 Virginia Beach Development Authority Page 2

By a vote of 9-0-2, with the abstentions so noted, the Commission approved item 3 by consent. Mark Wawner appeared before the Commission.

Item #4 Take 5 Oil Change, Inc. Conditional Use Permit 1928 Laskin Road District 6 Beach February 11, 2015 REGULAR An application of Take 5 Oil Change, Inc. for a Conditional Use Permit (Automobile Repair – oil change facility) on property located at 1928 Laskin Road, District 6, Beach. GPIN: 24074749910000. CONDITIONS 1. All repair work shall be conducted inside of the building. 2. There shall be no kiosks, temporary tents, or canopies allowed on the site. 3. The applicant shall install Category VI landscaping along all street frontages. The privacy fence

along the western property line shall be maintained in good condition. 4. No pennant signs shall be allowed on the site. 5. No outdoor vending machines and / or display of merchandise shall be allowed. 6. All sidewalks depicted in the vicinity of this application shall be replaced by the applicant

according to current Public Works Specifications and Standards, which include a five-foot minimum width.

7. The pedestrian walkway to the facility from Laskin Road shall be provided accordance with Section

246(d) of the zoning ordinance. The walkway shall be constructed of brick pavers to match the building.

8. Signage for the site shall be limited to:

a. traffic control signs; b. one monument style freestanding sign, no more than eight (8) foot in height, set on a brick

base to match the building brick; and c. One building-mounted “OIL CHANGE” sign and oil can logo as depicted in the submitted

exhibit entitled “Take 5 Oil Change Laskin Road Site Elements Exhibit” prepared by American Engineering.

9. Any dumpster and/or air and vacuum areas shall be enclosed with a solid brick wall to match the

building and landscaped in accordance with Section 245(e) of the Zoning Ordinance. 10. The site shall be developed in substantial conformance with the submitted site plan entitled “Take

5 Oil, , VIRGINIA BEACH, VA 23464,” dated 01/28/2015, and prepared by American Engineering. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department.

11. The building shall be constructed in substantial conformance with the elevation entitled, “TAKE5 /

5 MINUTE OIL CHANGE,” dated 11/03/2014, containing a dark bronze metal room, “Golden Needles” EIFS main color and “Country Cream” EIFS accent color, and prepared by Childrey

Item #4 Take 5 Oil Change, Inc. Page 2

Robinson Associates, with the exception that the door on the western façade shall be covered with a metal standing seam roof canopy in accordance with Section 246(d) of the City Zoning Ordinance. Said Elevation drawing has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department.

12. There shall be no bulk storage or motor vehicle sales on the subject site. 13. This conditional use permit for an automobile repair oil change facility shall expire ten (10) years

from the date of City Council approval. To continue the use of Automobile Repair - Oil Change Facility after such expiration, the applicant shall request approval of a Modification of Conditions through the submission of the proper application in effect at that time.

14. The four bay overhead doors facing Laskin Road shall remain closed at all times except when

customer vehicles exit through the doors upon completion of service. A motion was made by Commissioner Ripley and seconded by Commissioner Thornton to approve item 4. AYE 8 NAY 3 ABS 0 ABSENT BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY NAY OLIVER NAY RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER NAY By a vote of 8-3, the Commission approved item 4. Pete Burkhimer appeared before the Commission on behalf of the applicant. Henry Robert, Rob Heavner, Chris Hucke, Michael Gurley and Terri Voith spoke in support of the application.

Item #5 City of Virginia Beach February 11, 2015 An ordinance to Amend City Zoning Ordinance Section 111 by adding definitions of “Small Wireless Facility” and “Temporary Communication Tower” and amending the definitions of “Antenna, Building-Mounted,” and “Communication Tower,” City Zoning Ordinance Section 207, pertaining to requirements for Building-Mounted Antennas and Small Wireless Facilities, City Zoning Ordinance Section 232, establishing requirements for Small Wireless Facilities, Temporary Telecommunication Towers and Building-Mounted Antennas, and City Zoning Ordinance Sections 301, 401, 501, 601, 701, 801, 901, 1001, 1110, 1501, 1521, 1531 and 2203 and sections 5.1, 5.2 and 5.3 of the Oceanfront Resort District Form-Based Code, allowing Small Wireless Facilities as principal or conditional uses in the P-1 Preservation District, AG-1 and AG-2 Agricultural Districts, R-20 through R-40 Residential Districts, A-12 through A-36 Apartment Districts, H-1 Hotel District, O-1 and O-2 Office District, B-2 through B-4C Business Districts, I-1 and I-2 Industrial Districts, RT-1, RT-3, and RT-4 Resort Tourist Districts, CBC Central Business Core District, and OR Oceanfront Resort District and allowing Temporary Communication Towers as conditional uses in such districts. February 11, 2015 CONSENT 1. The amendments update sections of City Zoning Ordinance pertaining to the siting and approval

processes for telecommunication facilities to reflect new rules adopted by the Federal Communication Commission. These new FCC rules are codified in the Code of Federal Regulations, 47 CFR Parts 1 and 17 (Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies; Final Rule). Perhaps most significantly, the amendment provides that co-locations of antenna arrays or other modifications to a communication tower or base station that substantially changes, whether individually or cumulatively, the physical dimensions of such tower or base station shall require a new or modified use permit. While this has been the standard practice of the City, the new FCC rules provide that co-locations or modifications that do not substantially change the size of a tower or base station must be approved administratively. Those regulations also set forth standards for determining whether a co-location or modification substantially changes the physical dimensions of such tower or base station and provide that the determination is to take into account the cumulative changes to a tower or base station so as to preclude an operator from making piecemeal modifications intended to avoid the necessity for discretionary approval such as a conditional use permit.

2. The amendments redefine “communication tower” to specify that the term includes any associated base station and any equipment associated with wireless communications service, such as radio transceivers, antennas, co-axial or fiber-optic cable, regular or backup power supply, and comparable equipment.

3. The amendments define and add “temporary communication towers” as a permitted use subject to the provisions of Section 232(j), which provides standards for the co-location of such towers on electric transmission line structures. The amendments add temporary communication towers that do not meet the standards of Section 232(j) as a conditional use. For example, a stand-alone temporary communication tower not associated with a transmission line will only be permitted as a conditional use.

4. The amendments add “small wireless facilities”, such as small cell networks, network nodes, and distributed antenna systems (DAS) as a permitted use subject to general standards in Section 207. These general standards include requirements for the maximum dimensions and concealment of such facilities, as well as prohibition of the use on properties containing single-family and duplex dwellings. Small wireless facilities that do not meet the standards of Section 207 are added as a conditional use.

Item #5 City of Virginia Beach Page 2 5. The amendments revise the general standards for “building-mounted antennas” in Section 207 by

reducing the maximum building or structure height upon which antennas may be mounted from fifty to thirty feet. Building-mounted antennas that do not meet the revised standards of Section 207 will now be permitted as a conditional use. In addition, Section 207 will now prohibit building-mounted antennas on single-family dwellings or duplexes on any property containing such a use without a conditional use permit. Building-mounted antennas are currently, and would remain, prohibited in the Residential zoning districts, and this amendment would prohibit the use on single-family and duplex dwellings located outside of these districts. Home satellite dishes, television and radio antennas used for the sole benefit of the occupants remain excluded from the definition of “building-mounted antennas”.

6. The amendments add a provision that applications for building-mounted antennas and small wireless facilities that do not meet the revised standards in Section 207 will be allowed as a conditional use. For example, an application for a building-mounted antenna that does not incorporate screening, colorization or strategic placement to be as visually unobtrusive as possible will only be permitted with a conditional use permit.

A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approve item 5. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0, the Commission approved item 5 by consent. Graham Owen appeared before the Commission. Steve Romine appeared in support of the ordinance.

consent conditions - vbgov.com...2015/02/11 · february 11, 2015 consent an application of 5073...

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