Item #1 Autozone Development Modification of Conditions 5221 Indian River Road District 1 Centerville CONSENT Joseph Strange: The next items we will address are those that are placed on the consent agenda. The Vice Chair will handle this portion of the agenda, and at the end of the consent agenda, we will be looking for a motion. Jay Bernas: Thank you Mr. Chairman. This afternoon we have three items on the consent agenda. The first matter is agenda item 1. This is the application of Autozone Development Corporation /Land & Building IV, L.C. An application of Autozone Development Corporation for a Modification of Conditions approved by City Council on March 28, 2000, and May 24, 2005, on property located at 5221 Indian River Road, District 1, Centerville. Is there a representative here on this application? Welcome. Robert Beamon: Thank you. Mr. Chairman, Mr. Vice Chairman, and members of the Commission, for the record, my name is Robert Beaman. I m an attorney for the application Autozone Development Corporation. We ve had a chance to look at the proposed conditions. They are acceptable and we appreciate being on the consent agenda. Jay Bernas: Thank you. Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Livas to please review this item. Henry Livas: Thank you. The Conditional Change of Zoning from B-2 Community Business District and R-7.5 Residential District to Conditional B-2 Community Business District was approved by City Council on March 28, 2000. The conditions of the 2000 rezoning were later modification by City Council on May 24, 2005, and that modified Conditional Change of Zoning has three proffers. The first proffer required that the site layout, landscaping, and building design be substantially in compliance with the proffered site plan and elevations. The applicant now desires to modify the proffer to allow the construction of an alternative 7,381 square foot retail store. The applicant also requests modification of the third proffer to allow signage in accordance with regulations as established by the City of Virginia Beach s Zoning Ordinance rather than originally proffered. The proposed modifications will not change the uses allowed on the site by the proffers of 2005 Change of Zoning modification. The primary purpose of the current proposal is to modify the site layout and building elevations. This request is approved by staff. Therefore, we have included it on our consent agenda. Jay Bernas: Thank you. I would like to make a motion to approve consent agenda item 1.
Item #1 New Cingular Wireless Page 2 Joseph Strange: Do I have a second? Kathy Katsias: Second. Joseph Strange: A motion has been made by Jay Bernas and seconded by Kathy Katsias to put item 1 on the consent agenda. 10 NAY 0 ABS 0 1 HORSLEY Ed Weeden: By a vote of 10-0, the Board has approved item 1 for consent. Joseph Strange: Thank you.
Item #2 New Cingular Wireless PCS, L.L.C (T/A AT&T) Conditional Use Permit 408 Sandbridge Road District 7 Princess Anne DEFERRED Joseph Strange: The first order of business is to address those items to be withdrawn or deferred. Please come forward if you have an item to be withdrawn or deferred. Lisa Murphy: Good afternoon Chairman, Vice Chairman, and members of the Planning Commission. My name is Lisa Murphy and I m here today on behalf of New Cingular Wireless, which trades as AT&T. We re requesting that item 2 be deferred until the March 10 th Planning Commission hearing. Joseph Strange: Okay. Thank you. Is there any opposition to this item being deferred? Okay. Thank you. Do I have a motion? Jay Bernas: Mr. Chairman, I would like to make a motion to approve deferring agenda item 2. Joseph Strange: Is there a second? Kathy Katsias: Okay. Joseph Strange: We are now ready to vote. We have a motion by Jay and a second by Kathy Katsias to defer item 2. We re now ready to vote. 10 NAY 0 ABS 0 1 HORSLEY Ed Weeden: By a vote of 10-0, the Board has deferred item 2. Joseph Strange: Okay. Thank you.
Item #3 Cape Henry Station, L.L.C. Conditional Use Permit 2817 2821 Shore Drive District 5 Lynnhaven CONSENT Jay Bernas: The next matter is agenda item 3. This is an application of Cape Henry Station, L.L.C. for a Conditional Use Permit for a wind turbine on property located at 2817-2821 Shore Drive, District 5, Lynnhaven. Is there a representative here on this application? Welcome. Please state your name. Barbara Thompson: Brenda Thompson. Jay Bernas: Are the conditions acceptable? Barbara Thompson: Yes sir, they are. Jay Bernas: Okay. Thank you. Barbara Thompson: Thank you. Jay Bernas: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Katsias to please review this item. Kathy Katsias: Good afternoon. This is an application from Cape Henry Station, L.L.C. for a request for a Conditional Use Permit to allow a wind energy conversion system. The applicant proposes to install a white aluminum alloy, 19 x 8 foot tall, roof mounted, wind turbine on the northwest corner of the roof at the Cape Henry Plaza Shopping Center located along Shore Drive. A Conditional Use Permit is required for a roof-mounted system that is more than 8 feet above the roof. Staff recommends approval. We concur with staff; so, therefore we have placed it on the consent agenda. Thank you. Jay Bernas: Thank you. I would like to make a motion to approve consent agenda item 3. Joseph Strange: Do I have a second? Kathy Katsias: Second. Joseph Strange: A motion has been made by Jay Bernas and seconded by Kathy Katsias to put item 3 on the consent agenda.
Item #3 Cape Henry Station, L.L.C. Page 2 10 NAY 0 ABS 0 1 HORSLEY Ed Weeden: By a vote of 10-0, the Board has approved item 3 for consent.
Item #4 City of Virginia Beach An Ordinance to amend Sections 111, 211 and 212 of the City Zoning Ordinance and add new Section 211.1 defining the term Roadside Guide Sign and establishing requirements for allowing such signs in the public right-of-way CONSENT Jay Bernas: The next matter is agenda item 4. This is an application of the City of Virginia Beach. It s an ordinance to amend sections 111, 211, and 212 of the City Zoning Ordinance and to add new Section 211.1 defining the term Roadside Guide Sign and establishing requirements for allowing such signs in the public right-of-way. Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Deputy City Attorney Bill Macali to please review this item. Bill Macali: Mr. Chairman and members of the Board. This is an ordinance that would allow a very limited number of signs, which we ve called roadside guide signs because all they do is show the name of an establishment, perhaps a logo or other graphic representation and a directional arrow as well as mileage, which helps motorists arrive at the location they are seeking. These signs are allowed only with the approval of the City Council. There is no such thing as to be able to put one up by-right. And only upon the application of the owner or operator of a user establishment that is operating exclusively for cultural, literary, scientific or artistic purposes, and on a not-for-profit basis. So, you can see that these signs are for a very, very small group of organizations. We don t expect there will be a great number of them. They must have the approval of the City Council. There are other things in here, to ensure they will be small and unobtrusive. They cannot be any greater than 5 square feet in area, 8 feet high including the pole on which they have been placed. The lettering, graphic elements and background have to be approved by the Department of Public Works, and the signs may be put only in the specific locations approved by the City Council. So, we feel that this is not really a very far reaching amendment. It just accommodates certain non-profit scientific, literary, cultural or artistic organizations that are located in places that are pretty much off the main road, and are difficult to find for people who want to find them. So, it was, by the way, the request of two of the members of City Council identified on the ordinance, and referred to the Planning Commission for action by the entire City Council. Jay Bernas: Mr. Chairman that was the last item on the consent agenda. I would like to make a motion to approve consent agenda item 4. Joseph Strange: Do I have a second? Kathy Katsias: Second. Joseph Strange: A motion has been made by Jay Bernas and seconded by Kathy Katsias to put item 4 on the consent agenda.
Item #4 City of Virginia Beach Page 2 10 NAY 0 ABS 0 1 HORSLEY Ed Weeden: By a vote of 10-0, the Board has approved item 4 for consent. Joseph Strange: Thank you.
Item #5 City of Virginia Beach An Ordinance to amend Sections 111, 215 and 216 and add a new Section 218 to the City Zoning Ordinance defining electronic display billboards and establishing requirements for such billboard DEFERRED Joseph Strange: Is there anyone else with an item to be deferred? The Chair is aware of the following items that have requested to be deferred. The first is item 5. Is there any opposition to item 5 being deferred? R.J. Nutter: Mr. Chairman, I apologize. I m trying to get a description on item 5.You didn t indicate the time periods, and I believe item 5 is being deferred until the March agenda? Joseph Strange: Yes. Is that the plan now Karen? Karen Prochilo: Yes. R.J. Nutter: That was our discussion this morning. Joseph Strange: Right. There was a discussion. R.J. Nutter: You didn t indicate the date. Joseph Strange: I didn t? Karen Lasley: It makes it tight as far as getting the new draft but we will try to accommodate that if that is your wish? Joseph Strange: Okay. Thank you. R.J. Nutter: Yes sir. Joseph Strange: Do I have a motion? Jay Bernas: Mr. Chairman, I would like to make a motion to approve deferring agenda item 5. Joseph Strange: Is there a second? Kathy Katsias: Okay. Joseph Strange: We are now ready to vote. We have a motion by Jay and a second by Kathy Katsias to defer item 5.
Item #5 City of Virginia Beach Page 2 10 NAY 0 ABS 0 1 HORSLEY Ed Weeden: By a vote of 10-0, the Board has deferred item 5. Joseph Strange: Okay. Thank you.
Item #6 City of Virginia Beach An Ordinance to amend the City Zoning Ordinance by reducing setback requirements for in-ground swimming pools located on the lots adjacent to the beaches of the Atlantic Ocean in the R-5R Residential District REGULAR Joseph Strange: Now we will address the remaining matters on our agenda. I m going to ask our Secretary Al Henley to handle this portion of the agenda. Al Henley: Thank you Joe. The first item is item 6, the City of Virginia Beach. An ordinance to amend the City Zoning Ordinance to reduce the setback requirements for in-ground swimming pools located on lots adjacent to beaches of the Atlantic Ocean in the R-5R Residential District. Mr. Macali. Mr. Macali: Ms. Lasley will address this. Al Henley: I m sorry. Okay. Karen Lasley: Would you like me to summarize the amendment? Al Henley: Yes. Karen Lasley: This is an amendment to the Zoning Ordinance pertaining to setbacks from the Oceanfront only for in-ground swimming pools in the R-5R Residential District at the north end. At the north end, the R-5R zoning is unique in that there is a special setback, a 30-foot setback required from the rear property line that abuts the Atlantic Ocean, and that applies to all structures. And what this regulation has done is prevent people from putting in-ground swimming pools in their backyards because they don t have the room with that setback. The 30- foot setback was designed to prevent structures from going into that area closest to the ocean that would obstruct people s views of the ocean. In-ground swimming pools, of course do not cause that problem. So there have been a number of property owners asking for this amendment. Three years ago, we had a package of R-5R amendments, and this swimming pool setback was part of that package, but a lot of things in that package were controversial, and this got deferred along with that. So, today we are just bringing you back this amendment that pertains only to the inground swimming pools. Are there any questions that I can answer for you? Joseph Strange: Are there any questions for Ms. Lasley? Okay. Thank you Karen. Karen Lasley: Thank you. Eddie Bourdon: Mr. Chairman, my name is Eddie Bourdon, a Virginia Beach attorney, and I represent some of the folks at the north end who have been trying to get this done for the last three years to put in in-ground swimming pools in the north end. There is no objection to it. As Ms. Lasley indicated the special rules at the north end was put in, this 30 foot no structure rule was put in, in my view because of the significant number of variances that have been granted
Item #6 City of Virginia Beach Page 2 over the years. This goes back probably a couple of decades for structures and getting closer and closer to the Atlantic Ocean so they could preserve the views. No one was thinking about inground swimming pools, and the fact that it doesn t have any effect on views. This setback, this 5-foot rear yard setback for in-ground swimming pool is the same setback that applies to an inground swimming pool in every other residential district, including the R-5R Residential District if you are at Chesapeake Beach, or anywhere else, Croatan, which is R-10 and Sandbridge, which is R-20 all the way around the City, and the 5-foot setback for an in-ground swimming pools if you are on the bay front or the beach front. It is only at the north end that it is different. It wasn t ever intended to be that way, in my opinion to begin with. This just straightens that out, and treats the north end, the ocean front properties the same as any other ocean front, bay front or waterfront property anywhere in the city. Now, when I say waterfront, we do now have the Chesapeake Bay Preservation Area Ordinance which deals with issues on waterfront inland properties and does create some issues with regard to swimming pools. I don t want to misconstrue that but the setback, which is all were talking about here, now would be the same for in-ground swimming pools in every ocean front and bay front community. That is all this is about. Joseph Strange: Thank you Eddie. Are there any questions for Eddie? Eddie Bourdon: Thank you. Joseph Strange: Since there are no questions, we will now open this item up for discussion among the Commissioners. Al Henley: There are no other speakers. Joseph Strange: Chris? Chris Felton: I understand that many different agencies and different individuals have approved this, and say it won t damage the dune line or the stormwater drainage that is going on. But, just in my point of view and ethically, I cannot vote for this change. I understand that it is there to preserve the views but I m looking more at preserving the ecological stability that is down there as well. And, then at the same time, I would have probably, if I was back in the day approving the Sandbridge and the Chesapeake Bay, I probably would have done the same thing because I just don t feel right encroaching on those areas. And many of the discussions that we had in the informal brought up a lot of good points. If the City had to go and do some repairs or stuff to the bulkheads, if there was any kind of damage to these underground facilities, would the City have to deal with the cost of fixing those or just the battle and the nuisance of dealing with those damages that happen? Eddie Bourdon: May I approach Mr. Chairman? Joseph Strange: Go ahead Eddie. Eddie Bourdon: I m just going to suggest to the Commissioner that none of this has any impact on the Coastal Primary Sand Dune Protection Act, which would preclude any alteration of a sand
Item #6 City of Virginia Beach Page 3 dune including the rear side of a sand dune for any swimming pool. So there can t be any impact on the sand dunes as a result of this change whatsoever, so just to make that clear. Joseph Strange: Okay. Thank you. Is there any other discussion? Jay Bernas: I would like to make a motion to approve. Joseph Strange: Okay. We have a motion by Jay to approve. Donald Horsley: Second. Joseph Strange: We have a second by Don Horsley. 7 NAY 3 ABS 0 1 HORLSEY NAY NAY NAY Ed Weeden: By a vote of 7-3, the Board has approved the application of the City of Virginia Beach for requirement of in-ground swimming pools has been approved.
Item #7 Robert Ramsay Conditional Use Permit 3025 New Bridge Road District 7 Princess Anne REGULAR Al Henley: The next item is item 7. An application of Robert Ramsay for a Conditional Use Permit for a firewood preparation facility on property located at 3025 New Bridge Road, District 7, Princess Anne. It has seven conditions. There are no speakers. Joseph Strange: There are no speakers. There is no representative. Karen Prochilo: I don t see the applicant here. Joseph Strange: Okay. We ll just open it up for discussion. Al Henley: I guess I will start it off. As stated in the informal session, any time we look at an application for a wood cutting or processing situation, there is always associated with that a lot of noise, and not to mention on top of that an awful lot of debris that is result of the processing of wood, chain saws, and I don t know what the decibel noise level on that but it is quite disturbing if you re anywhere close to that. I think if the applicant was at a different location set farther from the roadway, on the public highway that you would not visibly see this. If it was secluded with a group of trees I think it would put a whole new light on the application. But, I won t dwell on it any further. But I can t support this application. Thank you very much. Joseph Strange: Is there any other discussion? Donald Horsley: Mr. Chairman, I will echo Mr. Henley s sentiments. He is a close neighbor. He is well aware of this situation. You know there have been a lot of unsightly things that have been cleaned up partially. I know it has been hard to do much cleaning up this winter that way it has been and all. But, a lot of times when you clean up a site like this to get an approval, and then year s end, it will be back like it was. I think that is kind of the reputation that has been established on this site. So, I would echo Mr. Henley s sentiments on that. Joseph Strange: Is there any other discussion? Do I have a motion? Al Henley: I would like to make a motion to disapprove the application. David Redmond: Second. Joseph Strange: We have a second by Dave Redmond. We re ready for a vote.
Item #7 Robert Ramsay Page 2 10 NAY 0 ABS 0 1 HORSLEY Ed Weeden: By a vote of 10-0, the Board has denied the application of Robert Ramsey.
Item #8 Tonia Ciccone, Great Neck Florist & Gifts, L.L.C. Modification of Conditions 3209 Virginia Beach Boulevard District 3 Rose Hall DEFERRED Joseph Strange: The next item is item 8. Is there any opposition to item 8 being deferred? Do I have a motion? Jay Bernas: Mr. Chairman, I would like to make a motion to approve deferring agenda item 8. Joseph Strange: Is there a second. Kathy Katsias: Okay. Joseph Strange: We are now ready to vote. We have a motion by Jay and a second by Kathy Katsias to defer item 8. We re now ready to vote. 10 NAY 0 ABS 0 1 HORSLEY Ed Weeden: By a vote of 10-0, the Board has deferred item 8. Joseph Strange: Okay. Thank you.
Item #9 Drescher Development Subdivision Variance West side of Prosperity Road District 6 Beach DEFERRED Joseph Strange: The next item is item 9. Is there any objection to this item being deferred? Do I have a motion? Jay Bernas: Mr. Chairman, I would like to make a motion to approve deferring agenda item 9. Joseph Strange: Is there a second? Kathy Katsias: Okay. Joseph Strange: We are now ready to vote. We have a motion by Jay and a second by Kathy Katsias to defer item 9. We re now ready to vote. 10 NAY 0 ABS 0 1 HORSLEY Ed Weeden: By a vote of 10-0, the Board has deferred item 9. Joseph Strange: Okay. Thank you.