05/22/14 Norfolk Planning Commission Public Hearing


>>BEFORE WE BEGIN THE REGULAR
AGENDA, WE WILL START WITH A CONTINUED AGENDA, AND WE HAVE
TODAY A REQUEST TO TAKE CONTINUED ITEM NUMBER 1,
NORFOLK PREMIUM OUTLETS, FOR THE FOLLOWING APPLICATIONS, AN
AMENDMENT TO THE CITY’S GENERAL PLAN, ZONING TEXT
AMENDMENT AND A CHANGE OF ZONING, AND CONTINUE THAT TO
THE PUBLIC HEARING TO BE HELD ON JUNE 26TH.
THE MOTION WOULD BE TO CONTINUE THE ITEM UNTIL THE
PUBLIC HEARING ON THURSDAY, JUNE 26TH, 2:30 P.M. IN THE
CITY COUNCIL CHAMBERS, 11TH FLOOR, CITY HALL BUILDING,
NORFOLK, VIRGINIA. DR. NEUMANN?
>>AYE.>>MR. LAW?
>>AYE.>>MISS McCLELLAN?
>>AYE.>>MR. THOMAS.
>>YES.>>MR. HALES
>>YES.>>MAKE THAT RECOMMENDATION.
>>WE WILL NOW MOVE TO THE SECOND ITEM FROM THE CONTINUED
AGENDA, WHICH IS A REQUEST BY THE CURE FOR A SPECIAL
EXCEPTION TO OPERATE AN ENTERTAINMENT ESTABLISHMENT
WITH ALCOHOLIC BEVERAGES ON PROPERTY ALONG THE WESTERN
LINE OF BOT — BOTETOT STREET, PREMISES NUMENTD 503,
BOTETOT STREET.>>SUSAN?
>>OKAY. AGAIN, THIS ITEM WAS CONTINUED
FROM YOUR LAST MONTH’S PUBLIC HEARING.
IT IS THE CURE COFFEEHOUSE AND BRASSERIE, IT IS CURRENTLY AN
ENTERTAINMENT ESTABLISHMENT WITH A SPECIAL EXCEPTION,
LOCATED AT 503 BOTETOT STREET. THE BUILDING IS ON THE
NORTHWEST CORNER OF BUTTE AND BOTETOT STREETS IN THE WEST
FREEMASON AREA, A MIX OF RESIDENTIAL AND COMMERCIAL.
THE BUILDING, THE AREA IS ZONED WF2, WHICH IS THE WEST
FREEMASON AREA DISTRICT, AND IT DOES PERMIT THE
ENTERTAINMENT ESTABLISHMENTS BY SPECIAL EXCEPTION.
THIS CHART KIND OF GIVES YOU A HISTORY OF THE CURE.
WE ORIGINALLY CONSIDERED THIS REQUEST SOME TIME AGO PRIOR TO
2013, AND THE HOURS AT THAT POINT, THEIR ORIGINAL REQUEST
WAS 7:00 TO 10:00, SEND DAYS A WEEK, AND THEN THE HOURS —
SEVEN DAYS A WEEK. THE HOURS FOR THE SALE OF
ALCOHOL, FROM 11:00 TO 10:00 SEVEN DAYS A WEEK.
THEY CAME BACK IN 2013, AND THEY WANTED TO DO A FEW
THINGS. THEY WANTED TO ADD
ENTERTAINMENT AND MODIFY THEIR HOURS.
AT THAT PUBLIC HEARING, THERE WAS A LOT OF DISCUSSION WITH
THE APPLICANT AND THERE WAS DISCUSSION ABOUT SOME
VIOLATIONS HE HAD INCURRED BOTH THROUGH ABC, AS WELL AS
SOME BUILDING CODE VIOLATIONS. SO BASED ON THAT, HIS REQUEST
WAS MODIFIED, AND WHAT HE WAS GRANTED WAS SLIGHTLY DIFFERENT
THAN WHAT WAS REQUESTED. THE HOURS WERE MORE LIMITED.
WHAT WAS GRANTED WAS 6:00 A.M. TO 11:00 P.M. SEVEN DAYS A
WEEK AS OPPOSED TO THE MIDNIGHT, AND THEN 11:00 TO
11:00, SEVEN DAYS A WEEK, AND THAT WAS FOR THE ALCOHOL.
AGAIN, ASKED FOR ENTERTAINMENT AT THAT POINT, AND IT WAS
GRANTED. THE DIFFERENCE WAS, LET ME
CLARIFY. HE DID GET ENTERTAINMENT, BUT
HE, I THINK, HAD BEEN ASKING FOR SEVEN DAYS A WEEK, WHAT HE
GOT WAS TWO DAYS A WEEK ON FRIDAY AND SATURDAY.
THE CAPACITY IS NOT CHANGING. IT DID CHANGE FROM THE
ORIGINAL REQUEST BECAUSE THEY HAD MADE SOME MODIFICATIONS TO
THE INSIDE OF THE BUILDING THAT ALLOWED THEM TO ADD SOME
CAPACITY. SOEF WITH THE ENTERTAINMENT —
SO WITH THE ENTERTAINMENT GRANTED TO HIM AT THE LAST
HEARING, FRIDAY AND SATURDAY. WHAT THEY ARE ASKING FOR THIS
TIME IS SAME ENTERTAINMENT, BUT SEVEN DAYS A WEEK.
>>AFTER REVIEWING THIS APPLICATION, AND REVIEWING THE
AREA IS RECOMMENDING THAT THE APPLICATION BE APPROVED.
HOWEVER, WE ARE SLIGHTLY MODIFYING THE APPROVAL FROM
WHAT THE APPLICANT HAS REQUESTED.
AND THAT BEING THE HOURS OF OPERATION, PARTICULARLY THE
CLOSING HOURS OF OPERATION. THE APPLICANT IS REQUESTING
THAT HE BE ALLOWED TO OPEN 12:00 FRIDAY AND SATURDAY.
WHAT WE ARE RECOMMENDING IS THAT HE DOES GET THE EARLIER
HOURS OF OPERATION, ACTUALLY, IT IS LATER FOR THE HOURS OF
OPERATION HE CURRENTLY HAS 6:00 A.M., HE’S LOOKING FOR
7:00, BUT THE SALE OF ALCOHOLIC BEVERAGES, HE
CURRENTLY HAS 11:00, HE WOULD LIKE 9:00.
SO WE ARE RECOMMENDING APPROVAL ON THE BEGINNING
HOURS OF OPERATION. WHERE THE DIFFERENCE IS IS THE
CLOSING HOURS OF OPERATION. HE IS ASKING UNTIL 12:00 ON
FRIDAY AND SATURDAY. WE ARE HOLDING HIM UNTIL 11:00
SEVEN DAYS A WEEK. SO WITH THAT MODIFICATION,
STAFF IS RECOMMENDING APPROVAL.
>>THANK YOU, SUSAN. ANY QUESTIONS OF SUSAN FROM
THE COMMISSIONERS?>>SUSAN, CAN YOU GO OVER THE
ENTERTAINMENT RIGHT NOW. RIGHT NOW, THEY ARE ONLY
ALLOWED FRIDAY AND SATURDAY.>>YES.
THAT WASN’T THE ORIGINAL REQUEST, AGAIN, AGAIN — BUT
THAT WAS APPROVED.>>THEY ARE ASKING TO GO SEVEN
DAYS A WEEK UNTIL –>>AND THAT’S A LITTLE
LIMITED, TOO. WHAT THEY ARE REQUESTING IS
UNTIL 10:00 SUNDAY THROUGH THURSDAY, AND UNTIL 11:00
FRIDAY AND SATURDAY. THAT IS WITHIN KEEPING WITH
THE RECOMMENDED HOURS THAT WE ARE RECOMMENDING.
>>ANY OTHER QUESTIONS OF COMMISSIONERS?
THANK YOU, SUNNI BLEVINS — SUSAN.
HERE TO SPEAK IN FAVOR OF THIS APPLICATION IS THE APPLICANT,
MR. MIKE ASHTON.>>MIKE ASHTON, 4225 BURNHAM
DRIVE, PORTSMOUTH, VIRGINIA. I AM NOT GOING TO MAKE A BIG
DEAL ABOUT ONE HOUR OR TWO NIGHTS A WEEK, BUT I DO ASK
THAT YOU CONSIDER MY APPLICATION AS SUBMITTED.
WE WERE GIVEN A TRIAL PERIOD TO PROVE OUR ABILITY TO
OPERATE UNDER THE CONDITIONS IMPOSED AND WE’VE DONE THAT.
WE’RE NOT TURNING THE CAFÉ INTO A NIGHT CLUB, WE’RE JUST
LOOKING TO BE A COFFEEHOUSE THAT HAS MUSIC AND DRINKS.
IT IS NOT UNCOMMON FORMAT. WE ARE JUST LOOKING FOR
FLEXIBILITY TO RUN THE BUSINESS.
THAT EXTRA HOUR, I WAS NEVER EVEN PLANNING TO BE OPEN UNTIL
MIDNIGHT, IT WAS JUST FLEXIBILITY.
I HAD A CHANCE TO REVIEW THE COMPLAINTS FROM THE LAST
HEARING, IF YOU WOULD LIKE, I CAN DISCUSS THAT NOW OR WAIT.
I WILL PROBABLY GO OVER THE THREE-MINUTE PERIOD WITH THAT.
>>I WILL STOP YOU BEFORE YOU GET BEYOND THAT.
GO RIGHT AHEAD.>>SO THE FIRST ONE THAT I
JUST WANTED TO MENTION WAS MENTIONED THAT WE DID NOT MEET
FIRE CODE AND WE HAD EXTRA SEATS.
THAT’S NOT TRUE. WE DO MEET OUR CURRENT SPECIAL
EXCEPTION, OUR FLOOR PLAN MATCHES THAT.
WE HAD A FIRE INSPECTION COUPLE MONTHS AGO, AND WE
PASSED WITHOUT ISSUE. I’LL TOUCH ON PARKING REAL
BRIEFLY. PARKING IS A CHALLENGE.
I WOULD LOVE TO HAVE A GIANT PARKING LOT; WE DON’T.
WE DO HAVE ONE DURING THE DAY. WE HAD PARKING IN THE EVENING,
IT WAS MENTIONED NOBODY USES IT, THAT’S TRUE.
WE DID A SURVEY, AND A VAST MAJORITY OF OUR CUSTOMERS,
THEY WALK. THEY LIVE IN THE NEIGHBORHOOD,
OR THEY ARE THERE FOR OTHER REASONS.
WE FIGURED THAT ABOUT 30% OF PEOPLE ACTUALLY DRIVE IN THE
NEIGHBORHOOD TO COME TO CURE FOR THAT SOLE PURPOSE.
THE REST ARE THERE FOR YOGA, THEY ARE AT THE YMCA, THEY
LIVE THERE, THEY WALK ACROSS THE PEDESTRIAN BRIDGE FROM THE
GANT, THEY WALK FROM DOWNTOWN. I UNDERSTAND THE NEIGHBORS ARE
WORRIED ABOUT PARKING, BUT I DON’T THINK IT’S US THAT’S
CAUSING A BIG PARKING DISTURBANCE IN FREEMASON.
IN FACT, I DON’T THINK THERE IS A PARKING DISTURBANCE.
I AM ALWAYS ABLE TO PARK ON THE STREET WITHOUT LOOKING.
ALSO THERE’S FOUR, FIVE APARTMENT BUILDINGS WITHIN TWO
BLOCKS THAT DON’T HAVE PARKING LOTS.
IT IS NOT THAT WE’RE NEW TO THE NEIGHBORHOOD AND NOT
HAVING PARKING ALL TIMES OF THE DAY IS A BIG DEAL.
NOISE, I KNOW THAT WAS MENTIONED.
OUR BUILDING HAS A THREE-LAYER BRICK WALL ON THE BACK.
A REAL BRICK WALL, AND INSIDE THERE’S ANOTHER FRAMED WALL
WITH DRYWALL. ON THE DINING ROOM SIDE,
THERE’S THE BATHROOM, WHICH ACTS AS A SOUND BARRIER WHEN
WE HAVE MUSIC. I HAVE WALKED AROUND THE
BUILDING WHEN WE’VE HAD MUSIC, I CAN HEAR NOTHING IN THE BACK
ALLEY. I EXPECT PEOPLE MAY HEAR NOISE
IN THE NEIGHBORHOOD, BUT I DON’T THINK IT IS COMING FROM
US. ADDITIONALLY, WE ONLY HAVE
MUSIC RIGHT NOW TWO TO THREE TIMES A MONTH MAXIMUM.
WHILE I AM ASKING FOR SEVEN DAYS, I AM NOT PLANNING TO
HAVE MUSIC SEVEN DAYS A WEEK. I JUST WANT TO BE ABLE TO HAVE
SOMETHING DURING THE WEEK ON OCCASION.
QUITE FRANKLY, I CAN’T AFFORD ENTERTAINMENT ON FRIDAY AND
SATURDAY NIGHTS, THAT’S WHEN PEOPLE PLAY BIGGER PLACES THAN
US. THAN A COFFEEHOUSE.
THERE IS ANOTHER COMPLAINT THAT DRUNKS DISRUPT THE
NEIGHBORHOOD AT CLOSING TIME. I HAVE A POINT OF SALE SYSTEM,
WE DID SOME NUMBER CRUNCHING. I HAVE A CHART.
OUR PEAK ALCOHOL PERIOD IS 6:00 TO 7:00 HOUR, DROPPING
DOWN, THIS IS THE PERCENTAGE OF HOURS.
SO PEOPLE ENJOY A BEVERAGE AT OUR ESTABLISHMENT AFTER WORK,
AND THEY GO HOME. PROVEN BY MY CHART.
MY OVERALL OPINION IS WE ARE BEING ASSOCIATED WITH ANYTHING
NEGATIVE IN THE NEIGHBORHOOD. IT IS A GROWING NEIGHBORHOOD.
THERE’S BEEN SEVERAL HUNDRED NEW RESIDENTS IN THE PAST
COUPLE YEARS. THERE’S NEW APARTMENTS.
THE WAINWRIGHT BUILDING, WE ARE LISTED AS AN AMENITY ON
THEIR WEBSITE. I AM SURE IF YOU CALL CAVALIER
LAND, THEY WILL TELL YOU THERE IS A CUTE LITTLE COFFEEHOUSE
ACROSS THE STREET FROM THE BOTETOT BUILDING.
WE CALL OUR SUPPORTERS CURATORS.
NOBODY WAS WILLING TO TAKE OFF WORK TO COME TODAY.
BUT I HAVE TALKED TO THE TWO NAMES ACROSS THE STREET IN THE
BOTETOT BUILDING, ONE WAS THE FORMER PLANNING DIRECTION —
DIRECTOR, MR. DUKE. HE SUPPORTS MY APPLICATION
TODAY. I KNOW HE IS NOT WITH THE CITY
ANYMORE, BUT HE SAID THE MUSIC IS NOT BOTHERING HIM AT HIS
HOUSE, HE CAN’T HEAR IT. HE IS DIRECTLY ACROSS THE
STREET ON THE OTHER SIDE OF THE BUILDING IS MIKE — I
DON’T KNOW HIS LAST NAME, BUT HE IS A REGULAR CUSTOMER.
HE ALSO STATED MUSIC HAS NEVER BOTHERED HIM IN HIS APARTMENT.
SO JUST IN CLOSING I WANT TO SAY WE HAVE HAD NO OFFICIAL
COMPLAINTS. I KNOW THERE’S BEEN SOME
COMPLAINTS AT THE HEARING ITSELF, BUT WE FOLLOW THE
RULES AND WE’RE JUST LOOKING FOR THE FLEXIBILITY TO RUN OUR
BUSINESS.>>THANK YOU, MR. ASHTON.
ANY QUESTIONS OF MR. ASHTON? THANK YOU.
>>THANK YOU.>>ALSO HERE TO SPEAK IN FAVOR
OF THIS APPLICATION, TERESA VERBALLY.
>>>I’M TERESA VERBALLY, GENERAL MANAGER OF CURE COFFEE
HOUSE. 18267 BOGART TROVES, VIRGINIA.
I AM HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE ABOUT
DAY-TO-DAY OPERATIONS. I BELIEVE MIKE TOUCHED BASE ON
EVERYTHING THAT WE ARE ASKING FOR TODAY, AND JUST WANTED TO
KNOW IF YOU HAD ANY QUESTIONS OF ME ABOUT DAY-TO-DAY
OPERATIONS FOR THE CURE.>>ANY QUESTIONS,
COMMISSIONERS?>>ALL RIGHT.
THANK YOU VERY MUCH.>>STAND BY.
HERE TO SPEAK, MR. JACK CAVANAUGH AGAINST THE APPLICATION.
>>GOOD AFTERNOON, I’M JACK CAVANAUGH, PRESIDENT OF THE
FREEMASON STREET AREA ASSOCIATION, 312 COLLEGE
PLACE, NORFOLK VIRGINIA, 35210.
WE ARE AGAINST ONLY ONE PIECE OF IT, THAT IF YOU GO ALONG
WITH THE STAFF RECOMMENDATION GOES AWAY, BUT AS MIKE SAID,
AND FRANK HAS SAID, THEY’VE DONE EVERYTHING WE ASKED THEM
TO. KIND OF COMPARED TO THE
FREEMASON GIN B & B — GIN, THEY WERE A BIG PROBLEM —
INN, THEY TURNED OUT TO BE NOT A PROBLEM.
I PULLED UP THE RECORDS, THERE IS NO OFFICIAL POLICE OR
ZONING ISSUES IN THE LAST YEAR FOR THE CURE.
HOWEVER, THE APA GAVE US A BIG AWARD SAYING WE WERE A GREAT,
ONE OF THE TOP TEN NEIGHBORHOODS BECAUSE WE BLEND
THE NEW WITH THE OLD. AND WHAT WE’VE GOT HERE IS NEW
AND THE OLD. THE RENTERS LOVE IT, THE
TAXPAYERS, YOU KNOW, BUT I THINK WE OWE THEM AN
OPPORTUNITY TO DO IT, AND I THINK IT’S FAIR THAT WE
RESPECT THE CURE’S RIGHT TO HAVE A COFFEEHOUSE, BUT THEY
OUGHT TO RESPECT THE NEIGHBORS’ RIGHTS, AND THEIR
PEACE AND QUITE SO THEY KNOCK OFF EVERYTHING AT 11:00 EVERY
NIGHT OF THE WEEK. QUESTIONS?
>>THANK YOU.>>THANK YOU, JACK.
>>SURE.>>ALSO HERE TO SPEAK AGAINST
THIS APPLICATION, TOM McNEELAND.
>>TOM McNEELAND, 404 WEST BUTTE STREET IN NORFOLK.
AS I HAVE SPOKEN TO YOU LAST YEAR, AND A MONTH AGO, I
RESIDE AND HAVE RESIDED SINCE LATE 2007 IN THE BUILDING
IMMEDIATEY BEHIND THE — IMMEDIATELY BEHIND THE LITTLE
STRIP MALL. WE’VE TALKED IN THE PAST ABOUT
A NUMBER OF ISSUES WITH RESPECT TO THE CURE AND THE
OPERATION OF THE CURE. I AM NOT GOING TO GO INTO
THOSE IN DETAIL NOW. YOU’VE HEARD THEM.
THEY ARE THERE. WHAT I WOULD RATHER DO IS,
ONE, DEBUNK A COUPLE MISDIRECTS, IN MY OPINION, THE
CONTENTION THAT WE ARE UNREASONABLE NEIGHBORS, I
WOULD POINT OUT THERE HAVE BEEN NINE OR TEN TENANTS IN
THAT BUILDING SINCE WE MOVED INTO THE RESIDENCE IMMEDIATELY
BEHIND IT. THERE’S ONLY BEEN ISSUES WITH
ONE. ONE TENANT AND ONE OCCUPANT OF
THE BUILDING. GENERATIONAL CONFLICT, I
BELIEVE, IS A MISDIRECT ALSO. SOME OF THE PROPRIETORS OF
SOME OF THOSE OTHER TENANTS HAVE BEEN YOUNG KIDS, THEY
HAVE ACTUALLY BEEN WONDERFUL NEIGHBORS.
SO IN MY OPINION, THE ISSUE BEFORE THE COMMISSION IS VERY
SIMPLE. AND ACTUALLY IT IS ONE OF
ACCOUNTABILITY AND FOLLOW-THROUGH.
LAST YEAR WHEN THE APPLICANT PROPOSED HIS HOURS, HIS
OPERATIONS, PLANNING COMMISSION ESSENTIALLY SAID WE
REALLY WANT TO SUPPORT YOUNG ENTREPRENEURS AND SMALL
BUSINESSES IN THE CITY, WHICH I 100% AGREE WITH.
COUNCIL FURTHER REINFORCED THAT SAME PERSPECTIVE, THAT
BOTH THE PLANNING COMMISSION AND COUNCIL INDICATED A
WILLINGNESS FOR A TRIAL ONE-YEAR PERIOD, TO GRANT
BASICALLY WHAT WAS REQUESTED. AND IF YOU WILL, THERE ARE
THREE BASIC ISSUES AND EXPECTATIONS THAT YOU PUT
FORWARD AT THAT TIME, AND COUNCIL REINFORCED.
IN FACT, COUNCIL AND THE MAYOR WERE EVEN MORE ADAMANT WITH
RESPECT TO A COUPLE OF THESE ISSUES.
THREE ISSUES: NUMBER ONE, IT WAS THE
OPERATOR, THE APPLICANT’S RESPONSIBILITY TO REACH OUT TO
THE NEIGHBORHOOD AND UNDERSTAND THEIR CONCERNS,
THEIR ISSUES AND WORK TO MITIGATE THOSE.
NUMBER TWO, CHAIRMAN, I BELIEVE YOU IN PARTICULAR,
ADVOCATED THAT THE YOUNG ENTREPRENEURS SHOULD GET MUCH
MORE INVOLVED, WOULD BE BENEFITED BY GETTING INVOLVED
IN THE COMMUNITY, AND THE WAY THE NEIGHBORHOOD WORKS AS
OPPOSED TO JUST HAVING A FACILITY WITH THE DOORS OPEN,
PEOPLE COME IN, LEAVE CASH BEHIND AND LEAVE.
NUMBER THREE, WAS TO CLEAN UP THE VIOLATIONS AND HISTORY OF
VIOLATIONS AND DEFICIENCIES, NOISE IN THE BACK, BACK DOOR
ALWAYS BEING OPEN, ET CETERA, ET CETERA.
SO I THINK A YEAR LATER IT IS APPROPRIATE TO SAY HOW HAS THE
APPLICANT DONE? DID HE FOLLOW THROUGH?
I’VE NEVER TALK TO THE APPLICANT IN THE LAST YEAR,
SINCE THE LAST THING. SO THERE HAS BEEN NO REACH-OUT
FROM THE APPLICANT RELATIVE TO THE NEAREST NEIGHBOR THE NEXT
NEIGHBOR BEHIND. THERE ARE STILL ISSUES.
SOME OF THEM ARE CHRONIC, MOST OF THEM ARE CHRONIC NUISANCES,
AS OPPOSED TO THE ACUTE PROBLEMS WE HAD A YEAR AGO,
THAT WE WERE DEALING WITH. BUT THE APPLICANT HAS NOT
FOLLOWED THROUGH ON THAT. AND I DON’T THINK THE
APPLICANT IS ACCOUNTABLE, I DON’T THINK HE FEELS HE IS
ACCOUNTABLE FOR THAT. I CANNOT JUDGE THIS, BUT I AM
OTHER THAN WHAT I AM AWARE OF OR NOT AWARE OF, BUT I HAVE
NOT SEEN ANY INSIGHT THAT THE APPLICANT HAS BECOME A PART OF
THE COMMUNITY, OTHER THAN OPERATING HIS FACILITY.
THAT COULD BE — I RECOGNIZE I MAY NOT KNOW WHAT I MAY NOT
KNOW, AND HE MAY BE DOING SOME THINGS IN THE NEIGHBORHOOD FOR
THE COMMUNITY THAT I AM NOT AWARE OF.
SO THE THIRD THING WAS THE VIOLATIONS AND THE PROBLEMS.
AND, AGAIN, THEY HAVE BEEN CHRONIC.
THE LEVEL OF SOME OF THE ISSUES HAS DROPPED.
COUPLE OF THE MORE ACUTE PROBLEMS THAT WE HAD A YEAR
AGO CLEARLY ARE BETTER. THINGS ARE BETTER THAN THEY
WERE A YEAR AGO, BUT THEY ARE NOT GONE.
SO I GO BACK TO THE THEME OF ACCOUNTABILITY AND
FOLLOW-THROUGH, AND I ASK THE COMMISSIONERS, I THINK IT’S
YOUR JOB TO FOLLOW THROUGH ON YOUR EXPECTATIONS THAT YOU
CLEARLY AND DISTINCTLY PUT FORWARD LAST YEAR TO THE
APPLICANT. HE HAD A YEAR TO IMPROVE.
>>THANK YOU, MR. McNEELAND. I THINK YOU EXTENDED BEYOND
YOUR TIME. APPRECIATE IT.
>>OKAY.>>HERE TO SPEAK AGAINST THE
APPLICATION, SALLY McNEAL.>>THANK YOU, COMMISSIONERS.
SALLY McNEELAND, 404 WEST BUTTE.
WE ARE THE HOME IMMEDIATELY ADJACENT.
THERE IS FOUR FEET BETWEEN OUR LIVING ROOM, FAMILY ROOM,
DINING ROOM WINDOWS AND THE BACK OF THIS ESTABLISHMENT.
ALSO OUR — THE ONLY WINDOWS IN OUR BEDROOM ARE OVER THE
TOP OF THIS ESTABLISHMENT. THEY DID MOVE THE VENTS FROM
THE BACK WALL WHICH WERE BLOWING AGAINST OUR WINDOWS TO
THE ROOF, BUT ANY NOISE AND ACTIVITY, WE DO HAVE BRICK
WALLS THERE, BUT SOUND GENERATES UP.
SO WE GET IT UPSTAIRS IN OUR SECOND AND THIRD FLOOR
BEDROOMS, IS WHERE WE GET IT. IT IS NOT IN THE LOWER LEVEL
BETWEEN OUR BASEMENT AND THE BACK OF THEIR BUILDING.
WE CAN HEAR THEM WASHING DISHES, AND THAT SORT OF
THING, EVEN WHEN THE DOORS ARE CLOSED, BUT WE HAVE PRESENTED
PICTURES OF OUR LOCATION PREVIOUSLY TO CITY COUNCIL, TO
THIS COMMISSION. THAT’S OUR SITUATION.
THE CITY HAS SPENT, AND LONG-TIME RESIDENTS, OF
FREEMASON HAVE SPENT MORE THAN THIRTY YEARS TRYING TO CLEAN
UP THIS NEIGHBORHOOD, TO TAKE IT FROM BEING BARS AND PEOPLE
THAT YOU DIDN’T WANT, TO THE NEIGHBORHOOD THAT HAS RECEIVED
THE AWARD AS AN OUTSTANDING NEIGHBORHOOD IN THE COUNTRY.
AND I’M NOT CERTAIN THAT THIS BUSINESS AND THIS BAR IS
HELPING THAT. WE CAN’T SELL OUR HOME WITHOUT
DISCLOSING THEM AND THE PROBLEMS THEY HAVE BEEN TO US.
WHICH HAS DEVALUED OUR HOME. LAST YEAR I APPEALED OUR
PROPERTY TAXES BASED ONLY ON THE FACT OF THE CURE, AND WHAT
THEY HAVE — THE INCONVENIENCE OF HAVING THEM THERE.
THAT APPEAL, THEY AGREED WITH ME, AND THEY LOWERED OUR
PROPERTY TAXES. THAT IS LESS REVENUE FOR THE
CITY. AND I AM NOT THE ONLY ONE
WHOSE PROPERTY TAXES ARE LOWERED, BUT I WAS THE FIRST
ONE THAT WENT IN AND APPEALED ON THAT BASIS.
I HAVE BEEN TOLD THERE IS APPROXIMATELY A HALF A MILLION
DOLLARS IN TAXES COLLECTED BY THE CITY ON THAT ONE BLOCK OF
BUTTE. YOU START KNOCKING A HUNDRED
THOUSAND DOLLARS VALUE OFF OF MY HOME, AND THE NEXT HOME, OR
EVEN A HALF MILLION DOLLARS, THAT’S SIGNIFICANT TO THE
CITY. AND I HOPE — I WOULD LIKE TO
SEE THEM ROLLED BACK TO 10:00 DURING THE WEEK, AND 11:00.
AND NOT HAVE THE CONTINUED ENTERTAINMENT, BECAUSE THAT
IMPACTS US, AND WE HAVE WORKED VERY HARD TO IMPROVE THE
NEIGHBORHOOD, TO BE PART OF THE NEIGHBORHOOD, AND LAST
SUMMER WE HAD FLASH MOBS THEY PULLED ON US.
HUNDREDS OF PEOPLE OUT IN BOTETOURT AND BUTTE ON AN
AFTERNOON. THINGS LIKE THAT.
IT THE Y CLOSES AT 10:00, THEY ARE IN THERE ON CLEANUP, THE
LAST PEOPLE LEAVING, THE BED AND BREAKFAST IS 10:00 FOR
THEIR NOISE. I SEE NO REASON THEY SHOULD BE
ANY DIFFERENT. IF THEY ARE GOING TO BE A
COFFEE SHOP, THEY NEED TO BE A COFFEE SHOP.
>>THANK YOU, MS. McNEELAND. ALSO HERE TO SPEAK AGAINST THE
APPLICATION, CHUCK MAURY.>>THANK YOU, COMMITTEE
MEMBERS.>>GOOD AFTERNOON.
I AM HERE TO SPEAK AGAINST THE HOURS AND THE ISSUES THAT HAVE
TAKEN PLACE AT THE CURE. ONE OF THE THINGS —
>>COULD YOU GIVE US YOUR NAME AND MAILING ADDRESS.
>>CHUCK MURRAY, 408 WEST BEAD STREET, MY PROPERTY LINE IS 30
FEET FROM THE BACK OF THE CURE.
>>THANK YOU.>>ONE OF THE ISSUES THAT I
WANT TO PRESENT TO THE COMMITTEE IS SOMETHING THAT
YOU WOULDN’T NECESSARILY BE AWARE OF UNLESS YOU WERE
THERE, IS THAT MIKE PRESENTS THIS PICTURE TO YOU OF THIS
COFFEE SHOP. COFFEE SHOPS DO OPEN AT 7:00
A.M. MIKE CAN TELL YOU THAT HE’S
PRESENTING YOU AN OPENING OF 7:00 A.M., AND IF HE WAS TO BE
FORTHRIGHT, HE WOULD TELL YOU THAT THE SHOP NEVER OPENS
BEFORE K A.M. — 9:00 A.M. IT IS NOT A COFFEE SHOP.
IT IS A BAR. MIKE’S MOST RECENT REFERENCES,
I MENTIONED DID HE AND — HE AND I HAVE COMMUNICATED A
LITTLE BIT IN AN EMAIL RECENTLY.
HIS ORIGINAL HOURS, AS YOU SAW, 9:00 P.M. CLOSING, THEN
10:00. THEN 11:00.
NOW 12:00. RECENTLY HE COMMENTED TO ME IN
MY COMMENT, HE STATED THAT LAST CALL IS AT 2:00 A.M.
REFERENCING NOT HIS, BUT WHAT I BELIEVE IS WHERE HE IS
GOING. 2:00 A.M. IS NOT A COFFEE
SHOP. “LAST CALL” IS NOT A COFFEE
SHOP. LAST CALL IS A BAR.
AND BARS PRIMARILY ARE OVER ON GRANDVIEW STREET.
MY HOUSE IS 147 YEARS OLD. THERE ARE A LONG TIME BEFORE
ANYONE TRIED TO OPEN A LOCAL ESTABLISHMENT THERE.
ONE OF THE OTHER THINGS, THERE WAS ALCOHOL VIOLATIONS, AS
REPORTED PREVIOUSLY. THE FLASH MOB THAT SALLY
MENTIONED IS NOT SOMETHING THAT YOU CALL AND REPORT.
IT HAPPENS. IT’S ON A FACEBOOK PAGE AND
SOMEBODY ENCOURAGES IT, AND THEN, BANG, IT’S HERE AND
GONE. THERE’S NO CALL THE POLICE.
WE’RE NOT CALLING THE POLICE. OUR TAX DOLLARS ARE A LITTLE
MORE IMPORTANT THAN TO CALL THE POLICE, SOMEBODY STARTS
OUT OR HAS CONVERSATIONS OUT IN FRONT OF YOUR HOUSE LATE.
MIKE REFERENCED ALSO THAT HIS SALES IN ALCOHOL ARE NOT THAT
GREAT LATE IN THE EVENING. WELL, IF THEY ARE NOT THAT
GREAT, WHY DO WE KEEP COMING BACK HERE ASKING FOR LATER AND
LATER HOURS? IT DOESN’T — THE STORIES
DON’T MAKE SENSE. MIKE’S PARTNER CHRIS CAME
BEFORE A NUMBER OF PEOPLE AND SAID HE WAS QUITTING HIS JOB
SO THAT HE COULD RUN THE COFFEE SHOP.
SO HE COULD MANAGE THE COFFEE SHOP.
CHRIS DIDN’T QUIT WORKING TO MANAGE THE COFFEE SHOP, HE’S
NOT ANYWHERE IN THE AREA. HE’S OFF AT GRADUATE SCHOOL.
SO ANOTHER INCONSISTENCY, ANOTHER SMOKE SCREEN, AND I
UNDERSTAND THE CASE PRESENTED LOOKS GOOD, BUT WE ARE THE
NEIGHBORS LEFT TO DEAL WITH THE LATE-NIGHT CAR DOORS, THE
SHOUTING, THE BEER CANS, THE ISSUES IN FRONT OF OUR HOMES
THERE IN THE NEIGHBORHOOD CLOSE BY.
WE ARE NOT TRYING TO BE BAD NEIGHBORS, REALLY NOT.
COFFEE SHOP, GREAT. I LOVE COFFEE.
BUT P I LIKE MY COFFEE AT 7:00 A.M. IN THE MORNING, NOT AT
2:00 A.M. THANK YOU.
>>THANK YOU, MR. MURRAY. ALSO HERE TO SPEAK AGAINST
THIS APPLICATION, BILL MCKEEVER.
>>YES. MY NAME IS WILLIAM MCKEEVER, I
LIVE AT 346 WEST FREEMASON STREET, ESSENTIALLY AROUND THE
CORNER FROM THE CURE. I HAVE LIVED THERE FOR 31
YEARS. WHEN I FIRST MOVED THERE, IT
WAS A VERY SKETCHY NEIGHBORHOOD.
WE OURSELVES, MY WIFE AND I, AND NEIGHBORS HAVE BEEN
GRADUALLY FILLING UP THE BAD AREAS, HAVE BEEN SPENDING LOTS
OF MONEY ON THE EXTERIORS, ON THE INTERIORS, AND THE
NEIGHBORHOOD HAS CHANGED DRASTICALLY SINCE WE MOVED
THERE. THERE USED TO BE TWO BARS ON
THE CORNER OF THE ENTRANCE TO BOTETOURT STREET OFF
BRAMBLETON. THEY ARE NO LONGER THERE.
THE VOILA IS A RESTAURANT THAT’S VERY LOW-KEY PLACE.
LIKE SOMEONE JUST MENTIONED, THEY CLOSE AT 10:00.
AND THERE WAS A BAR ON THE OTHER SIDE OF THE STREET,
WHICH WAS KIND OF A BAD PLACE, BUT THAT’S NO LONGER THERE,
EITHER. SO LITTLE BY LITTLE, THE
NEIGHBORHOOD HAS BEEN GETTING BETTER AND BETTER, AND IT’S A
DIFFERENT TYPE OF NEIGHBORHOOD WHEN THEY SAY THAT THERE ARE
ALLOWABLE BARS, RESTAURANTS, ET CETERA.
THE ONLY ONE THAT’S CLOSE TO US IS ONE ON BUTTE WHICH IS
THE CARRIAGE HOUSE. HOWEVER, I HAVE, AND MY WIFE
AND I HAVE JUST FINISHED ABOUT SIX MONTHS AGO CHANGING THE
PARKING ON OUR STREET, BECAUSE THERE IS AN AWFUL LOT OF
PEOPLE WHO JUST PARK FROM THE YMCA, AND OTHER PLACES,
INCLUDING THE CURE, AND INCLUDING THE YOGA PLACE NEXT
DOOR. WE COULD NOT FIND PARKING
SPACES ON OUR STREET. SO THE FACT THAT YOU COULD
JUST DRIVE UP AND PARK IS NOT TRUE.
YOU ARE ALLOWED TO PARK ON OUR STREET NOW FROM 2:00 TO 5:00
P.M., AND AFTER THAT, YOU NEED A STICKER.
ON SATURDAY AND SUNDAY THERE IS NO PARKING UNLESS YOU HAVE
A STICKER. I SEE VIOLATIONS ALL THE TIME.
IN FACT, I AM SUCH A NOSY GUY, I HAVE SEEN GUYS, PEOPLE GET
OUT OF CARS AND I FOLLOW THEM, AND SOME OF THEM WENT INTO THE
CURE, SOME OF THEM WENT INTO THE YOGA PLACE.
AND ALSO, BUTTE STREET IS A STREET THAT IS USED AS A
CUT-THROUGH TO GET TO BRAMBLETON AVENUE FROM BUSH.
THEY COME AROUND AND IT’S — EVEN THOUGH IT’S COBBLESTONE,
THERE ARE PEOPLE RACING DOWN THAT STREET, AND I HAVE SEEN
OUTSIDE THE CURE, I’VE SEEN BICYCLES PARKED THERE, I’VE
SEEN PEOPLE SITTING — THERE WAS A TABLE THERE AT ONE TIME,
I AM NOT SURE IF IT’S STILL THERE, PEOPLE OUT, BLOCKING
THE SIDEWALK, AND SOMETIMES I HAVE EVEN SEEN THEM OUT IN THE
STREET, AND THAT IS A VERY DANGEROUS SITUATION.
AND THERE ARE DELIVERY TRUCKS — THEIR DELIVERY
TRUCKS SOMETIMES BLOCK BOTETOURT STREET.
IT TAKES AN AWFUL LOT OF MANEUVERING TO GET AROUND THEM
AND EVERYTHING ELSE. SO ANYWAY, I’M JUST SPEAKING
AS A NEIGHBOR. I DON’T CARE ABOUT THE HOURS
AND ALL, YOU KNOW, WHAT THEY ARE TRYING TO GET.
I JUST DON’T LIKE THEM. I DON’T WANT THEM IN MY
NEIGHBORHOOD. I THINK THEY BRING THE WRONG
ELEMENT INTO THE NEIGHBORHOOD.>>THANK YOU, BILL.
MR. ASHTON, YOU HAVE FIVE MINUTES FOR REBUTTAL, SIR, IF
YOU CARE TO USE THAT TIME.>>DO I HAVE TO STATE MY
ADDRESS AGAIN?>>YES, SIR.
>>MIKE ASHTON, 4225 BURNHAM DRIVE, PORTSMOUTH, VIRGINIA.
TOM MENTIONED REACHING OUT TO NEIGHBORS.
I DIDN’T REACH DIRECTLY OUT TO TOM AND SALLY, I DO APOLOGIZE
FOR THAT. WHAT I DID DO, THEY HAD A
COMPLAINT ONE DAY, SOMEBODY HAD LEFT OUR BACK DOOR OPEN
FOR A LITTLE WHILE, AND I HEARD THAT TOM HAD COME OVER.
SO I DID GO OVER TO THEIR HOUSE AND KNOCK ON THE DOOR,
THEY WERE NOT HOME. I SENT THEM AN EMAIL, AND I
HEARD NOTHING BACK. IT IS POSSIBLE I HAD THE WRONG
EMAIL ADDRESS, BECAUSE I SENT IT TO WHERE THEY ARE EMPLOYED,
OR POSSIBLY IF THEY ARE STILL EMPLOYED THERE.
THAT’S ONLY CONTACT I HAD WITH THEM AT THE TIME.
I DID SPEAK WITH MR. CAVANAUGH AND MR. DUKE SEVERAL TIMES
AFTER, YOU KNOW, WE HAD REOPENED, AND I FIGURE THE
REPRESENTATION OF THE NEIGHBORHOOD, HE IS PRESIDENT
AND PEOPLE WOULD TELL HIM IF THEY HAD A PROBLEM.
NOTHING WAS MENTIONED, AS FAR AS I KNOW WE WERE MAKING OUR
NEIGHBORS HAPPY. THEY WERE QUIET, AND I
CONSIDER QUIET NEIGHBORS HAPPY NEIGHBORS.
ONE THING I WANTED TO MENTION REAL QUICK.
THE WORD VIOLATIONS WAS USED A LOT, PLURAL.
BY SPECIFICALLY ABC. WE DID HAVE ONE ABC VIOLATION
A COUPLE YEARS AGO, ONE OF OUR EMPLOYEES SOLD ONE BEER TO AN
UNDERAGE BUYER. IT HAPPENS.
PAID THE FINE. WE CORRECTED OUR POINT OF SALE
SYSTEM THAT MAKES THEM PUT IN A BIRTH DATE FOR EVERY DRINK
SOLD NOW. HAVE NO ISSUES SINCE THEN.
THE OLD SPORTS BAR THAT WAS IN THE NEIGHBORHOOD WAS
MENTIONED. NEVER WENT THERE.
I UNDERSTAND THAT THEY WOULDN’T WANT SOMETHING LIKE
THAT IN THE NEIGHBORHOOD. THAT’S NOT THE CURE.
THE CURE IS NOT A SPORTS BAR, IT IS NOT A NIGHT CLUB.
WE DO HAVE ALCOHOL. ALSO, IT WAS MENTIONED, I
THINK SALLY MENTIONED THAT SHE WOULD LIKE US TO CLOSE AT
10:00. SHE SAID SHE WOULD LIKE US TO
CLOSE AT 10:00. WE DO CLOSE BY 10:00 FIVE DAYS
A WEEK, ACTUALLY SIX DAYS A WEEK.
WE ONLY STAY OPEN TO 11:00 ON FRIDAY AND SATURDAY.
THAT’S FIVE DAYS A WEEK. QUICK MATH.
I GREATLY RESPECT CHUCK. HE IS AN ACCOMPLISHED
BUSINESSMAN. WE USED TO OPEN AT 7:00.
WE LOST MONEY FROM 7:00 TO 9:00 A.M. DAILY.
WE COULD NOT DRAW A MORNING CROWD, SO WE OPEN AT 9:00 NOW.
OUR BUSIEST TIME IS LUNCHTIME. THERE’S COFFEEHOUSES THAT OPEN
AT 9:00, COFFEEHOUSES THAT OPEN AT 6:00.
I OPEN AT 9:00. THE FLASH MOB THAT WAS
MENTIONED, THAT WAS FOR SHADY GROVE.
THEY WERE STRUGGLING, WE TALKED TO OFF DAILY, HAD
NOTHING TO DO WITH US, WE DID HELP THEM THE BEST WE COULD.
MENTIONED THAT CHRIS, THE OTHER OWNER, HE’S OUT OF TOWN.
THAT’S WHY WE HIRED A GENERAL MANAGER.
WE GOT THERESA, SHE WORKED FOR THE SILVER DIAPER FOR —
SILVER DINER FOR SEVEN YEARS. GREAT MANAGEMENT RESTAURANT
EXPERIENCE. THAT’S WHY WE HIRED HER.
CHUCK ALSO MENTIONED BEER CANS ON THE STREETS.
PEOPLE DO NOT TAKE ALCOHOL OUT OF THE CURE.
THERE IS NO BOTTLES OR CANS COMING OUT OF OUR DOOR, FOR
ALCOHOL, AT LEAST. WE DO SELL SODAS.
BILL, I DON’T KNOW BILL PERSONALLY.
I’VE SEEN HIM. HE MENTIONED A TABLE.
WE NEVER HAD TABLES. WE ARE LOOKING TO GET ONE
CHAIR, OR TWO CHAIRS AND ONE TABLE OUTSIDE.
I HAVE TO TALK TO THE CITY ABOUT THAT A LITTLE MORE.
THE TABLES THAT HE WAS MENTIONING WERE PROBABLY FROM
SHADY GROVE, THEY USED TO HAVE TWO TABLES.
I’M SORRY THAT HE’S STALKING PEOPLE TO SEE WHERE THEY ARE
GOING. THERE’S OTHER DELIVERYS IN THE
NEIGHBORHOOD, VOILA, WE GET ASSIST COE DELIVERY — A CISCO
DELIVERY ONCE EVERY COUPLE WEEKS.
WE GET BEER DELIVERED AS WELL. BUT THERE’S ONLY ONE LARGE
TRUCK COMING IN THE NEIGHBOR LAD — NEIGHBORHOOD FOR US,
TWICE A MONTH. I WAS GOING TO SAY, I
MENTIONED THIS TO CHUCK IN THE EMAIL HE DISCUSSED.
IF SOME OF THE PROBLEMS ARE BIKES ON THE SIDEWALK, THINGS
LIKE THAT, MAYBE THERE’S SOMETHING WE CAN DO, SOME
INFRASTRUCTURE, GET A BIKE RACK, A TRASH CAN.
I WOULD BE WILLING TO DO SOME LEG WORK ON SOMETHING LIKE
THAT, IF THAT’S WHAT IT TAKES TO MAKE PEOPLE HAPPY.
THANK YOU.>>THANK YOU, MIKE.
ANY QUESTIONS OF MR. ASHTON?>>QUICK QUESTION.
WE WERE HERE A YEAR AGO, THERE WAS SIGNIFICANT PRESSURE ON
MEMBERS OF THIS BOARD TO NOT GIVE YOU A SPECIAL EXCEPTION
AT ALL BASED ON YOUR PRIOR PROBLEMS.
>>RIGHT.>>AND A NUMBER OF US UP HERE
STUCK OUR NECKS OUT FOR YOU. WE WERE ROOTING FOR YOU,
HOPING THAT YOU WOULD MAKE IT WORK.
AND DO YOU REMEMBER THAT ONE OF THE SUGGESTIONS AND
RECOMMENDATIONS WAS THAT YOU DO REACH OUT TO THE COMMUNITY
AND WORK BETTER WITH THEM AND NOT — I AM CONCERNED THAT YOU
DIDN’T SPECIFICALLY REACH OUT TO YOUR IMMEDIATE NEIGHBORS
WHO WERE HERE A YEAR AGO AND BACK HERE AGAIN TODAY.
I AM NOT SAYING YOU HAVE TO AGREE WITH EVERYTHING THEY
SAY, BUT FOR YOU TO BE HERE TODAY AND TELL ME YOU DIDN’T
INVITE THEM OVER FOR COFFEE TWICE A MONTH TO SIT DOWN AND
TALK ABOUT ANY ONGOING ISSUES, THINGS LIKE THAT, IT IS KIND
OF SHOCKING.>>I HAVE TO SAY I DIDN’T
SEE — TOM WAS INJURED AND I DID NOT SEE THEM FOR A LONG
TIME. I DON’T EVEN KNOW IF THEY WERE
IN THE NEIGHBORHOOD FOR A PERIOD OF TIME.
I MADE SMALL TALK ON THE STREET WITH THEM, BUT I
ASSUMED THEY WOULD TELL ME WHAT THEIR PROBLEM IS WITH THE
CURE. I STILL DON’T REALLY KNOW.
I THINK A LOT OF COMPLAINTS YOU’RE HEARING IS WHAT THE
CURE COULD BECOME IF WE TURN IT INTO A BAR.
THAT’S KIND OF A TANGENT.>>ANY OTHER QUESTIONS OF
MR. ASHTON? MS. VERBALLY, DID YOU WANT TO
ADD ANYTHING IN THE REMAINING TIME?
>>THE ONLY THING THAT I WOULD ADD IS THAT IN ANY CASE OF THE
NEIGHBORS BEHIND US IN REFERENCE TO REACHING OUT TO
THEM, ANYTIME THEY’VE COME TO INTERACT WITH ME OR MY STAFF,
THEY’VE BEEN VERY AGGRESSIVE. THEY’VE COME AT US, I TRIED TO
SPEAK TO THEM AT THE LAST COUNCIL MEETING AND I GOT
SNUBBED, AND WAVED OFF. SO, YOU KNOW, THEY ARE NOT
RECEIVING OUR ATTEMPTS, EITHER, ON ANY PART OF MY
EMPLOYEES, MYSELF, MR. ASHTON. AND I JUST WANTED TO PUT THAT
OUT THERE AS WELL.>>THANK YOU, MISS VERBALLY.
ANY QUESTIONS? THANK YOU.
THOSE AGAINST THE APPLICATION HAVE A TOTAL OF FIVE MINUTES.
YOU CAN DIVIDE IT UP OR ELECT A SPOKESPERSON.
>>CHUCK MURRAY AGAIN, 408 WEST BUTTE STREET.
JUST TO CLARIFY, AGAIN, JUST BEFORE IT WAS CALLED OUT, YOU
WERE PRESENTED WITH A LIST OF HOURS THAT SAID WE OPEN AT
7:00 A.M. THAT’S A COFFEE SHOP.
NOW IT’S 9:00 A.M. BECAUSE WE CALLED IT OUT.
IT’S THE SMOKE SCREEN AFTER SMOKE SCREEN THAT WE’RE
DEALING WITH. AND, YOU KNOW WHAT, THE
THOUGHT OF A COFFEEHOUSE IS NOT A BAD THING.
IT’S A GOOD THING FOR THE AREA.
HAD A LADY THIS MORNING ON A WALK COMING OVER FROM THE —
ACROSS THE BRIDGE LOOKING FOR A COFFEE SHOP AT 8:00 THIS
MORNING. HEARD THERE’S A COFFEE SHOP
THERE. YEAH, THEY ARE THERE.
COME BACK TONIGHT AT 11:00 AND YOU CAN GET A CUP OF COFFEE.
IT’S A BAR. JUST SAY IT’S A BAR AND MOVE
ON. IF YOU WANT TO APPROVE A BAR,
THAT’S WHAT YOU HAVE GOT. YOU’VE GOT A BAR MOVING INTO
THE MIDDLE OF A VERY HISTORIC, VERY TREASURED AREA.
AND THAT’S OUR CONCERN. THANK YOU VERY MUCH.
>>SALLY McNEELAND. REGARDING THE TABLES, THEY HAD
TABLES OUT THERE LAST SUMMER AND THROUGH THE FALL.
THEY WERE WHITE, AND TWO CHAIRS AT THE TABLES.
SAT RIGHT BESIDE THEIR FRONT DOOR, BECAUSE I TRIED TO
TRAVERSE IT WITH A WHEELCHAIR, WHICH WAS THE ONLY WAY TO GET
MY HUSBAND IN AND OUT OF THE HOUSE WAS THROUGH OUR BACK
DOOR. SO FOR ME TO GET AROUND TO THE
FRONT, OR TO WALK THROUGH THE NEIGHBORHOOD, I HAD TO TRY AND
GET DOWN THAT SIDEWALK. THEY HAVE BICYCLES ON THE
LAMPPOSTS AND THE DOORS OPEN AND THE CHAIRS THERE, IT WAS
IMPOSSIBLE. WE FINALLY GAVE UP TAKING HIM
OUT FOR WALKS. WE WERE THERE.
>>BILL, THE REMAINING TIME.>>JUST FOR THE RECORD, I AM
NOT A STALKER. [ LAUGHTER ]
>>I GET SO TICKED OFF AT PEOPLE PARKING ON MY STREET
THAT DON’T BELONG THERE THAT EVERY ONCE IN A WHILE I WILL
TAKE A LOOK AND SEE WHERE THEY ARE GOING.
THAT’S WHAT HAPPENS. I DON’T STALK PEOPLE.
BUT PARKING IS VERY DEER DEAR IN OUR — VERY DEAR IN OUR
NEIGHBORHOOD. MOST OF US DON’T HAVE ON OUR
STREET, DON’T HAVE OFF-STREET PARKING, AND WE HAVE TO HAVE A
PLACE TO PARK THE CAR.>>STILL SOME REMAINING TIME
IF ANYONE WOULD LIKE TO COMMENT ON THE OPPOSING SIDE
OF THIS APPLICATION.>>TOM McNEELAND, 404 WEST
BUTTE STREET IN NORFOLK. I WOULD LIKE TO SAY FIRST OFF
WITH RESPECT TO THE OUTDOOR SEATING, THE CITY HAS A
TREMENDOUS AMOUNT OF LIABILITY IF YOU ALLOW AN OUTDOOR
SEATING AT THIS ESTABLISHMENT. THERE IS A TREE WELL OUT IN
FRONT OF THEIR FACILITY, THERE IS A LAMPPOST IN FRONT OF
THEIR FACILITY, AND THERE IS A SIGN IN FRONT OF THEIR
FACILITY. OFTEN, MORE OFTEN THAN NOT,
THERE IS AT LEAST ONE BICYCLE, OR POSSIBLY MULTIPLE BICYCLES
ATTACHED TO EITHER THE POWER POLE OR THE SIGN.
IF THE FRONT DOOR IS OPEN, WHICH IT OCCASIONALLY IS,
THAT’S GOTTEN BETTER, AND YOU PUT A SEAT OUT THERE NOW, YOU
ARE ASKING FOR SOMEBODY WITH A LIABILITY IN A WHEELCHAIR TO
MANEUVERING AROUND THAT TO END UP IN THE STREET AND GET HIT.
OBVIOUSLY THAT WOULD BE AN EXTREME CIRCUMSTANCES, BUT THE
LIABILITY TO THE CITY IS TAKING ON, IF YOU LET OUTDOOR
SEATING THERE, AS AS A — I AS A TAXPAYER VERY MUCH OBJECT
TO. QUITE FRANKLY I THINK WOULD BE
A VERY POOR DECISION IF YOU DO THAT.
AGAIN, I NEVER MET MISS VERBALLY THAT I AM AWARE OF
UNTIL LAST MONTH, I HAD NEVER SEEN HER.
AND I DID, ONLY TIME I HAVE SPOKEN TO ANYBODY AT THE CURE,
OTHER THAN ONCE, MAYBE TWICE IN THE LAST YEAR, HELLO TO
MIKE, JUST WALKING, STICKING MY HEAD IN THE BACK DOOR WHEN
IT WAS LEFT OPEN FOR 20 OR 30 MINUTES ON THE FIRST NICE
WEEKEND DAY AFTER THE FIRST OF THE YEAR.
THANK YOU.>>THANK YOU, MR. McNEELAND.
ANY QUESTIONS OR COMMENTS FROM COMMISSIONERS?
>>I JUST WANT TO CLARIFY, WE ARE NOT TALKING ABOUT ANY
OUTDOOR SEATING TODAY. IS THAT CORRECT?
>>ACTUALLY, THE PROPOSAL IS TO REDUCE THE OUTDOOR SEATING
FROM WHAT WAS PREVIOUSLY APPROVED, WHICH WAS SIX SEATS
TO TWO SEATS.>>OKAY.
NOTHING ADDITIONAL.>>ANY OTHER QUESTION OR
COMMENT FROM COMMISSIONERS?>>HEARING NONE, MR. NEWCOMB?
>>THE MOTION I AM GOING TO READ IS ONE PRESENTED IF THE
STAFF REPORT, WHICH HAS THE HOURS AT 11:00.
>>STAFF’S RECOMMENDATION; IS THAT CORRECT?
>>THAT IS STAFF’S RECOMMENDATION.
THE MOTION TO RECOMMEND THAT THE HOURS OF OPERATION BE
APPROVED IN THE SPECIAL EXCEPTION BE GRANTED SUBJECT
TO CONDITIONS CONTAINED IN THE STAFF REPORT.
DR. NEUMANN?>>I AM GOING TO SUPPORT
STAFF’S DECISION AND SPECIAL PHYSICALLY OPINION — AND
SPECIFICALLY OPINION.>>MR. LAW?
>>YES.>>MISS MCCLELLAN?
>>I VOTE YES. BUT I WILL ASK THE OWNER TO
MEET WITH YOUR NEIGHBORS REGULARLY OVER COFFEE OR A
DRINK. YES.
>>MR. HALES?>>I AGREE WITH FELLOW
COMMISSIONERS THUS FAR. IT IS A TOUGH SITUATION, WE
HAVE SOME NEIGHBORS DOWN HERE VERY PASSIONATE ABOUT THE CURE
AND THEIR CONCERNS. WE ALSO HAVE THE FACT THAT
THERE’S BEEN NO VIOLATIONS BEFORE, NO POLICE REPORTS.
IF THERE’S WALKING PROBLEMS YOU CAN CALL THE COPS AND HAVE
THEM TICKET THE CARS. THE BIGGEST PROBLEM FOR ME,
THE FREEMASON STREET ASSOCIATION, MR. CAVANAUGH
SPEAKING FOR THE ENTIRE ASSOCIATION SAID, YES, 11:00
IS A REASONABLE HOUR. FOR THOSE REASONS I VOTE YES.
>>MR. THOMAS?>>YES.
>>MR. FRALEY?>>I WILL MAKE THAT
RECOMMENDATION TO THE CITY COUNCIL, THANK YOU.
>>ALL RIGHT. WE WILL MOVE TO THE REGULAR
AGENDA, FIRST ITEM CITY PLANNING COMMISSION TO AMEND
THE GENERAL PLAN, TO ESTABLISH DEVELOPMENT CRITERIA RELATED
TO LANDSCAPING, SETBACKS, AND PARKING TO ENCOURAGE A MIX OF
USES AND ENHANCED PEDESTRIAN ACTIVITY ALONG THE
SOUTHERNMOST SECTIONS OF COLONIAL AVENUE AND GRANBY
STREET IN THE PARK PLACE NEIGHBORHOOD.
>>AND I NOTE THAT WE HAVE NO OPPOSITION.
>>SEEING THERE IS NO OPPOSITION, WE HAVE BEEN
THOROUGHLY BRIEFED, CALL FOR THE QUESTION.
>>MOTION TO RECOMMEND THE GENERAL PLAN AMENDMENT BE
APPROVED, DR. NEUMANN?>>AYE.
>>MR. LAW?>>AYE.
>>MISS MCCLELLAN?>>YES.
>>MR. HALES?>>AYE.
>>MR. THOMAS?>>YES.
>>MR. FRALEY.>>AYE.
>>MAKE THAT RECOMMENDATION TO COUNCIL, THANK YOU.
>>NEXT APPLICATION, HANDSOME BISCUIT FOR FOLLOWING
APPLICATIONS. ON PROPERTY FRONTING 1 SO 5
FEET MORE OR LESS ALONG THE WESTERN LINE OF COLONIAL
AVENUE, AND 75 FEET MORE OR LESS ALONG THE SOUTHERN LINE
OF WEST 26TH STREET, PREMISES NUMBER 2511 COLONIAL AVENUE.
A, A CHANGE OF ZONING TO MODIFY THE CONDITIONS THAT
WERE ATTACHED TO THE PROPERTY, WHICH WAS ZONED CONDITIONAL
C2, AND B, A SPECIAL OPERATION TO OPERATE AN EATING AND
DRINKING ESTABLISHMENT.>>NOTE THAT WE HAVE NO
OPPOSITION, BUT HERE TO SPEAK IS THE APPLICANT, JOHN PORTER.
>>GOOD AFTERNOON. JOHN PORTER, 439 WEST 30TH
STREET. JUST HERE TO ANSWER ANY
QUESTIONS YOU MIGHT HAVE.>>THANK YOU, MR. PORTER.
DO YOU HAVE ANY QUESTIONS, COMMISSIONERS?
THANKS YOU.>>THANK YOU.
>>THE MOTION IS TO RECOMMEND THAT THE CHANGE OF ZONING,
SPECIAL EXCEPTION BE APPROVED, SUBJECT TO CONDITIONS
CONTAINED IN THE STAFF REPORT. DR. NEUMANN?
>>AYE.>>MR. LAW?
>>AYE.>>MISS MCCLELLAN?
>>YES.>>MR. HALES?
>>AYE.>>MR. THOMAS?
>>YES.>>MR. FRALEY.
>>AYE.>>MAKE THAT RECOMMENDATION TO
COUNCIL. GOOD LUCK.
>>ALL RIGHT. WE ARE NOW GOING TO MOVE TO
ITEM 3, WHICH IS WALMART, FOR A SPECIAL EXCEPTION TO OPERATE
A GAS STATION ON PROPERTY FRONTING 432 FEET, MORE OR
LESS, ALONG THE EASTERN LINE OF TIDEWATER DRIVE AND 784
FEET MORE OR LESS ALONG THE NORTHERN LINE OF STANLEY
STREET. PREMISES NUMBERED 7530
TIDEWATER DRIVE.>>SUSAN?
>>AGAIN, THIS IS A REQUEST BY WALMART, WHICH IS LOCATED AT
7583 TIDEWATER DRIVE FOR A SPECIAL EXCEPTION TO OPERATE A
GAS STATION. THE SITE IS LOCATED EAST SIDE
OF TIDEWATER DRIVE JUST SOUTH OF EAST LITTLE CREEK ROAD.
IT IS ON THE EAST SIDE OF THE STREET.
IT IS DEVELOPED, THIS PORTION, BOTH TIDEWATER AND LITTLE
CREEK, ARE DEVELOPED WITH COMMERCIAL USES.
THE SITE IS ZONED COMMERCIAL, AND IT DOES ALLOW DRIVE-THRUS
BY SPECIAL EXCEPTIONS, OR EXCUSE ME, GAS STATIONS.
ON YOUR SCREENS UP IN FRONT, YOU CAN SEE THE EXISTING
WALMART. THE GAS STATION IS ACTUALLY ON
TIDEWATER DRIVE, IT IS AN OUT PARCEL TO THE EXISTING
WALMART. UP ON THE SCREEN NOW IS THE
PROPOSED SITE PLAN, AGAIN, THE DRIVE-THRU IS UP AGAINST
TIDEWATER DRIVE. PROPERTY ZONED C3, WHICH IS
RETAIL CENTER, GAS STATIONS ARE PERMITTED BY SPECIAL
EXCEPTION. STAFF IS RECOMMENDING THAT
THIS APPLICATION BE APPROVED. WE FEEL THAT A GAS STATION AND
C3 DISTRICT, IN CONJUNCTION WITH A WALMART IS AN
APPROPRIATE USE OF THIS SITE, AND THE WAY IT IS LAID OUT.
WE HAVE ALREADY MET WITH OUR TRANSPORTATION FOLKS,
ACTUALLY, THEY MET WITH OUR SITE PLAN REVIEW COMMITTEE.
THEY MADE SOME MODIFICATIONS TO THE ENTRANCE FROM TIDEWATER
DRIVE TO SATISFY THE CONCERNS EXPRESSED BY OUR
TRANSPORTATION STAFF, SO WITH THOSE RECOMMENDATIONS, AND
WITH THE CONDITIONS IN THE STAFF REPORT, WE ARE
RECOMMENDING APPROVAL.>>SUSAN, THE ENTRANCE FROM
TIDEWATER DRIVE, THEY ARE NOT ADDING AN ENTRANCE, THEY ARE
JUST OOG — USING THE EXISTING, MAIN PARKING LOT,
CORRECT?>>IS THERE ANY WIDENING OR
CHANGES IN THE CONFIGURATION OF THAT ENTRY FROM WHERE IT IS
TODAY?>>YOU CAN ASK THE APPLICANT.
>>ALL RIGHT.>>NOT AS IT TOUCHES TIDEWATER
DRIVE. YOU WILL COME ONTO THE
PROPERTY, AND YOU WILL GO PAST THE SIDE OF THE GAS STATION
AND THEN TURN ONTO ITS SITE, BUT YOU WILL BE ON THE
PROPERTY WHEN YOU DO THAT.>>RIGHT.
THE ON SITE CONFIGURATION CHANGED A LITTLE BIT.
>>BUT NOT TIDEWATER DRIVE.>>CORRECT.
>>ANY QUESTIONS OF SUSAN?>>SUSAN, SITE PLAN REVIEW
ADDRESSED ANY LANE CHANGING ISSUES.
>>YES.>>THANKS.
>>THANK YOU, SUSAN. I WANT TO ACKNOWLEDGE HERE IN
FAVOR OF THIS APPLICATION, DOES NOT WISH TO SPEAK,
MR. JOHN WRIGHT, DOUGLAS PLUMBER, CARLTON HALTON, AND
HERE TO SPEAK IN FAVOR OF THE APPLICATION IS MR. THOMAS KLEIN.
>>MR. CHAIRMAN, MEMBERS OF THE COMMISSION, MY NAME IS TOM
KLEIN, I AM AN ATTORNEY WITH TROUTMAN, SANDERS, ALSO SERVE
AS COUNCIL TO — COUNSEL TO WALMART AND SAM’S CLUB.
THIS APPLICATION, INTERESTINGLY —
>>MAILING ADDRESS, IF YOU WOULD.
>>MAILING ADDRESS 222 CENTRAL PARK AVENUE, VIRGINIA BEACH,
SUITE 2000, TROUTMAN, SANDERS’ OFFICES.
WE ARE DELIGHTED TO BRING THIS APPLICATION.
ACTUALLY, THIS IS SOMETHING THAT WAS INCLUDED AS PART OF
THE ORIGINAL REZONING FOR THE WALMART THAT WE DID MANY YEARS
AGO WHEN WE REDEVELOPED THIS CORRIDOR.
AND PART — ONE OF THE APPROVALS FOR THE REZONING WAS
FOR THE WALMART SUPERCENTER, BUT THERE WAS ALSO — WE ALSO
AT THAT TIME TALKED ABOUT PUTTING A FUELING FACILITY
OUT, AND THEN WALMART ULTIMATELY OPTED THAT THEY
WEREN’T GOING TO DO THE FUELING FACILITY AT THAT TIME.
OBVIOUSLY BECAUSE THERE IS A TIME FRAME ON THE ACTIVATION
OF A USE PERMIT THAT HAS LAPSED.
SO NOW, THIS IS REALLY A COMPANION APPLICATION TO THE
SAM’S CLUB APPLICATION THAT WE ARE GOING TO BE TALKING ABOUT
AT THE NEXT, BUT IN RESPONSE TO ANY QUESTIONS ABOUT THE
ACCESS, YES, OUR CIVIL ENGINEERS, OUR TRAFFIC
ENGINEERS WORKED VERY CLOSELY WITH THE SITE REVIEW COMMITTEE
FOLKS, WORKED ON THAT WITH RESPECT TO SOME MINOR
MODIFICATIONS TO THE LAYOUT OF THE INTERIOR A.PARKING LOT,
AND ALSO AND TO MAKE SURE THERE IS NO NEW ACCESS ON
TIDEWATER DRIVE. AND WE HAVE REVIEWED ALL OF
THE CONDITIONS THAT THE STAFF HAS PROPOSED, AND THEY ARE
ACCEPTABLE.>>THANK YOU, MR. KLEIN.
ANY QUESTIONS OF MR. KLEIN, COMMISSIONERS?
>>THANK YOU.>>THE MOTION IS TO RECOMMEND
THAT THE SPECIAL EXCEPTION BE APPROVED, SUBJECT TO
CONDITIONS CONTAINED IN THE STAFF REPORT.
DR. NEUMANN?>>AYE.
>>MR. LAW?>>AYE.
>>MIS-MCCLELLAN?>>YES.
>>MR. HALES?>>AYE.
>>MR. THOMAS.>>YES.
>>MR. FRALEY.>>AYE.
>>MAKE THAT RECOMMENDATION TO COUNCIL.
NEXT ITEM.>>NEXT ITEM IS COMPANION,
ACTUALLY. THIS IS BY SAM’S CLUB, FOR THE
FOLLOWING APPLICATION, PROPERTY FRONTING 647 FEET,
MORE OR LESS, ALONG THE SOUTHERN LINE OF EAST LITTLE
CREEK ROAD, BEGINNING 438 FEET, MORE OR LESS, FROM THE
EASTERN LINE OF TIDEWATER DRIVE AND EXTENDING EASTWARD,
PREMISES NUMBER 741 EAST LITTLE CREEK ROAD, FIRST WE
HAVE A SPECIAL EXCEPTION TO OPERATE AN AUTOMOBILE AND
TRUCK REPAIR, AND SECONDLY, WE HAVE A SPECIAL EXCEPTION FOR
THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES
CONSUMPTION.>>THANK YOU, LENNY.
SUSAN?>>OKAY.
AGAIN, THIS IS IS A COMPANION APPLICATION TO THE PRIOR ONE,
BY SAM’S CLUB. SAM’S CLUB HAS PROPOSED FOR
THE SITE WHERE THE FORMER K-MART WAS.
THEY ARE GOING TO TAKE DOWN THE K-MART, AND BUILD A NEW
BUILDING FOR THE SAM’S CLUB. AGAIN, NOW, THIS IS LOCATED
JUST TO THE NORTH OF THE EXISTING WALMART.
THIS BUILDING, HOWEVER, UNLIKE THE K-MART WHICH WAS PUSHED
FORWARD, IT WILL BE PUSHED BACK A LITTLE BIT.
THAT DOES CHANGE THE ON SITE CIRCULATION ON THE SITE.
LOOKING AT YOUR SCREENS, I AM HOPING YOU CAN SEE THE SLIDE
TO THE LEFT, THAT’S THE EXISTING, AND THEN THE SLIDE
OVER TO THE RIGHT OF WHAT IS PROPOSED, AGAIN, YOU CAN SEE
ON THE BOTTOM OF THE SLIDE, THAT’S THE EXISTING WALMART,
AND THEN THE NEW BUILDING WOULD BE TO THE NORTH, THAT’S
THE PROPOSED SAM’S CLUB. THE APPLICATION IS FOR A
SPECIAL EXCEPTION FOR CAR REPAIR.
IF YOU CAN SEE THE DARKENED TRIANGULAR PORTION OF THE
BUILDING, THAT’S WHERE THE CAR REPAIR WILL TAKE PLACE.
AND THEN, AGAIN, AS MOST OF THESE TYPES OF FACILITIES DO,
THEY WOULD LIKE TO SELL ALCOHOLIC BEVERAGES FOR OFF
PREMISE. THAT IS WHAT THE SECTION —
SPECIAL EXCEPTION IS FOR. SUBJECT TO THE CONDITIONS IN
THE STAFF REPORT, WE ARE RECOMMENDING APPROVAL OF THIS
APPLICATION.>>THANK YOU, SUSAN.
ANY QUESTIONS OF MISS POLLOCK?>>THANK YOU.
>>I WOULD LIKE TO ONCE AGAIN ACKNOWLEDGE HERE IN IN FAVOR
OF THIS APPLICATION DID NOT WISH TO SPEAK.
MR. HALTON PLUMBER, MR. WRIGHT ARE HERE TO SPEAK ON THE
APPLICATION, ONCE AGAIN, MR. KLEIN.
>>MR. CHAIRMAN, MEMBERS OF THE COMMISSION, AGAIN, TOM
KLEIN, ATTORNEY WITH TROUTMAN, SANDERS, 222 CENTRAL PARK
AVENUE, VIRGINIA BEACH, VIRGINIA, SUITE 2000.
WE ARE DELIGHTED TO BRING THIS APPLICATION TO YOU ALL THIS
AFTERNOON. THIS WAS SOMETHING THAT HAS
BEEN SOMEWHAT OF A VISION SINCE WE WERE INVOLVED WITH
THE REDEVELOPMENT OF THE OTHER PART OF THE SITE MANY YEARS
AGO FOR THE WALMART SUPERCENTER, AND THERE WAS
ALWAYS A QUESTION ABOUT, YOU KNOW, WHEN WILL THE SITE FULLY
REDEVELOP, WITH ADDITIONAL USES.
AT THE TIME, OF COURSE, THERE WAS A K-MART THERE, A DATED
K-MART, AND THAT K-MART HAS NOW BEEN VACANT FOR SOME TIME.
AND THAT SITE IS NOW AVAILABLE FOR THE REDEVELOPMENT
OPPORTUNITY, I THINK IT WAS ALWAYS HOPEFULLY CONTEMPLATED.
AND SO IN CON JUDGES WITH THAT — CONJUNCTION WITH THAT,
OUR TEAM, AND THE TEAM IS HERE, THE CIVIL ENGINEER, THE
ARCHITECT AND THE TRAFFIC ENGINEER, WE CAME AND WE MET
WITH THE CITY STAFF, CITY LEADERSHIP, VERY EARLY ON
BEFORE WE FILED THE APPLICATION, TO TRY TO IRON
OUT AS MANY DETAILS INVOLVING ARCHITECTURE AND INVOLVING
SITE LAYOUT, INVOLVING SITE ACCESS, ET CETERA.
THE TWO SPECIAL EXCEPTIONS THAT GO WITH THIS IS TYPICALLY
WITH ONE OF THESE SAM’S FACILITIES, THERE IS — IT IS
CLASSIFIED UNDER YOUR ORDINANCE AS, SOUNDS LIKE A
FULL AUTOMOBILE REPAIR, BUT IT IS A PRACTICAL MATTER, SAM’S
CLUB YOU CAN GET — YOU CAN BUY TIRES AND HAVE THEM
INSTALL THEM AND GET YOUR BATTERY CHANGED.
FOR THE MOST PART, THERE MAY BE OTHER LIGHT REPAIR THEY MAY
DO, CHANGE YOUR WINDOW WIPERS, ET CETERA, BUT FOR THE MOST
PART, THAT’S WHAT THEY HAVE. WITH RESPECT TO THE ALCOHOL
SALES, THESE CONDITIONS ARE VIRTUALLY IDENTICAL TO THE
CONDITIONS THAT WE HAVE EXCEPTED FOR THE GROCERY
FACILITIES WE JUST HAD A GROUNDBREAKING FOR A BRAND NEW
WALMART NEIGHBORHOOD MARKET WITH THE MAYOR LAST WEEK, AND
OF COURSE THAT’S A GROCERY STORE, JUST AS WE HAVE A
GROCERY COMPONENT TO THE SAM’S CLUB, BECAUSE IT SELLS THE OFF
PREMISES ALCOHOL, WE NEEDED THE SPECIAL EXCEPTION.
THESE CONDITIONS, WE HAVE REVIEWED ALL OF THEM, THEY ARE
PERFECTLY ACCEPTABLE TO SAM’S CLUB.
SO WE ARE DELIGHTED WITH THIS APPLICATION.
COMMISSIONER MARTIN — THOMAS, I APOLOGIZE.
I KNOW YOU HAD A XHE QUESTION ABOUT THE ACCESS.
— YOU HAD A QUESTION ABOUT THE ACCESS.
WE JUST WANTED TO SHOW YOU. JOHN, IF YOU WANT TO STEP UP
HERE. WE ALSO HAVE THE TRAFFIC
ENGINEER AS WELL. THE CURRENT ACCESS OFF LITTLE
CREEK, THIS IS WHERE THE EXISTING WALMART IS.
THIS IS WHERE THE K-MART IS THAT WILL BE DEMOLISHED.
SO BECAUSE THE ACCESS POINT, WHEN WE WENT THROUGH THE
REZONING YEARS AGO FOR THE WALMART, YOU KIND OF HAD THIS
K-MART RIGHT IN THE MIDDLE. AS YOU CAME OFF OF LITTLE
CREEK. SO WHAT WE DID, WE BUILT THIS
KIND OF COMPREHENSIVE CIRCULAR ROAD SYSTEM TO RUN BEHIND IT
SO THAT YOU WOULD EFFECTIVELY ENCOURAGE TRAFFIC AS THEY CAME
IN HERE, NOT TO CHANNEL AND GO IN FRONT OF THE STORES WHERE
THERE IS A LOT OF DECISION POINTS THAT NEED TO BE MADE,
BUT TO GET OFF OF THAT AREA, COME AROUND THE BACK, AND THEN
THAT WOULD PUT THEM IN FRONT OF THE WALMART STORE AND
DIRECT THEM THERE. ULTIMATELY OF COURSE IF THEY
WANTED TO GO TO THE K-MART, THEY COULD DO THAT AS WELL.
AND THERE ARE MULTIPLE ACCESS POINTS TO THIS DEVELOPMENT
ALREADY ON TIDEWATER DRIVE. AND SO WHEN THEY DESIGNED THIS
SITE, WE ARE JUST KEEPING THAT CONCEPT IN MIND, MEANING THAT
WHEN YOU HAVE TWO LARGE DESTINATION RETAIL USES, AND
THE SITE IS ALSO GOING TO BE DEVELOPED, THEIR PLAN IS
PENDING WITH THE CITY FOR SOME ADDITIONAL OUT PARCELS THAT WE
ARE NOT AFFILIATED WITH THAT THE PROPERTY OWNER IS WORKING
ON, YOU WANT TO MINIMIZE THOSE CONFLICT POINTS.
YOU WANT TO MAKE IT AS SAFE FOR THE PEDESTRIANS COMING OFF
THE ROAD, TO COME IN, GET INTO THE SITE, AND THEN HAVE TO
MAKE THE DECISIONS, RATHER THAN COME IN IMMEDIATELY AND
START SAYING DO I GO HERE TO SAM’S, DO I GO ACROSS THE
PARKING LOT TO GET TO WALMART, DO I TURN OVER HERE TO GET TO
SOMEBODY OF THESE OUT PARCELS. THAT’S WHY THEY DESIGNED IT
SO — SO YOU HAVE THE ROAD SYSTEM, COMING FROM LITTLE
CREEK DOWN THIS WAY, SO THAT — AND YOU HAVE A DEEP,
LENGTHY THROAT ALONG THAT AREA SO THEY CAN COME IN, GET IN
THE SITE, GET THEIR BEARINGS AND THEN MAKE HE THEIR
DECISION, GO HERE OR CIRCLE INTO THE SAM’S, OR CONTINUE ON
TO THE WALMART SUPERCENTER, OR CONTINUE ON TO THE FUELLING
FACILITY. THERE ARE ALSO, AND WE DON’T
REALLY FEEL, AND THE TRAFFIC ENGINEER AND THE CIVIL
ENGINEER HAVE LOOKED AT THIS VERY CLOSELY, BELIEVE ME,
WALMART AND SAM’S ARE METICULOUS ABOUT ENSURING THEY
DON’T HAVE A SAFETY ISSUE WITH RESPECT TO MOVEMENT COMING IN
AND OUT OF THEIR SITES. THAT’S WHY THEY DEVELOPED IT
SO YOU HAVE THAT KIND OF LENGTHY PERIOD IN WHICH PEOPLE
CAN ANALYZE WHAT’S GOING ON AND MAKE THEIR DECISION
POINTS. SO WE — AND THERE ARE ALSO
MULTIPLE ACCESS POINTS INTO THE SITE.
THERE IS AN ACCESS POINT HERE, THERE IS THIS ACCESS POINT
HERE, NO DIRECT ACCESS TO THE FUEL FACILITY.
AND THEN AN ACCESS POINT HERE, ACCESS POINT HERE.
I THINK THERE’S ONE MORE DOWN HERE, AND THEN THIS ADDITIONAL
ACCESS POINT. SO I THINK OUR VIEW IS THAT WE
FEEL, YOU KNOW, THIS LAYOUT IS GOING TO MAKE IT FUNCTION VERY
SAFELY. YOU ARE NOT GOING TO HAVE
PEOPLE COMING IN HERE AND IMMEDIATELY CHARGING ACROSS
THE FRONT OF THE SAM’S CLUB TO GET OVER TO THE WALMART.
AND WE’VE ALSO, JOHN, OUR CIVIL ENGINEER, HAS ALSO
HIGHLIGHTED WHAT YOU SEE WITH THE HASH MARKS, THESE ARE SOME
OF THE PEDESTRIAN CONNECTIVITY POINTS THAT THEY ARE ALSO
GOING TO INCORPORATE INTO THE SITE FOR PEDESTRIANS COMING
ACROSS THE SITE AND GETTING OVER IN BETWEEN THE TWO OF
THEM. AND THEN OUT TO THIS AREA AS
WELL. SO WITH THAT SAID, WE’VE
LOOKED AT ALL THE CONDITIONS THAT THE STAFF RECOMMENDED, WE
HAD NO OBJECTION. THIS APPLICATION COMES TO YOU,
YOU KNOW, WITH THE BENEFIT OF A LOT OF INPUT THAT WE’VE ALSO
RECEIVED FROM THE CITY STAFF.>>THANK YOU, MR. KLEIN.
ANY QUESTIONS OF MR. KLEIN?>>JUST CLARIFICATION.
MIGHT NOT BE ABLE TO SEE THAT FAR.
WHEN YOU TURN INTO — YES. WHEN YOU TURN RIGHT IN THERE,
IF YOU ARE GOING STRAIGHT DOWN, DOES ALL TRAFFIC HAVE TO
MAKE A RIGHT HAND TURN OR CAN YOU GO STRAIGHT INTO THE
PARKING LOT FOR SAM’S RIGHT THERE?
>>RIGHT HERE, THIS IS A BOULEVARD, SO YOU CAN ACCESS
SAM’S WHEN YOU ARE COMING IN. SO THERE IS AN ACCESS TO THIS
RETAIL BUILDING. YOU SEE THE DRIVEWAY RIGHT
HERE, THAT ALLOWS PEOPLE COMING IN, THEY CAN GET INTO
THIS PORTION OF THE SHOPPING CENTER.
>>OKAY.>>BUT TO GO INTO SAM’S, YOU
COME DOWN THROUGH THE BOULEVARD, AND THEN YOU COME
DOWN –>>YOU NEED TO GO THERE.
GOTCHA. THANK YOU.
>>SIR, FOR THE RECORD, FOR THE COURT — FOR THE CLERK, IF
YOU CAN PROVIDE YOUR NAME AND DRY — ADDRESS.
>>JOHN WRIGHT, BOWLER ENGINEERING, 28 BLACKWELL
DRIVE, WARRENTON, 2018 6. — 20186 SOOCHLT THANK YOU.
ANY OTHER COMMISSIONERS HAVE QUESTIONS OR COMMENTS?
THANK YOU, MR. KLEIN.>>>THE MOTION IS TO RECOMMEND
THAT THE SPECIAL EXCEPTIONS BE APPROVED SUBJECT TO CONDITIONS
CONTAINED IN THE STAFF REPORT. DR. NEUMANN?
>>AYE.>>MR. LAW?
>>AYE.>>MISS MCCLELLAN?
>>YES.>>MR. HALES?
>>AYE.>>MR. THOMAS?
>>YES.>>MR. FRALEY?
>>I WOULD LIKE TO SAY I AM EXCITED ABOUT SAM’S COMING TO
MY CITY. THANK YOU VERY MUCH.
AYE.>>ALL RIGHT.
NEXT APPLICATION, IS NOODLE BAR, INCORPORATED FOR A
SPECIAL EXCEPTION OPERATING AN EATING AND DRINKING
ESTABLISHMENT ON PROPERTY FRONTING 76 FEET ALONG THE
WESTERN LINE OF GRANBY STREET, BEGINNING 113 FEET MORE OR
LESS FROM THE NORTHERN LINE OF WEST FREE MASON STREET AND
EXTENDING NORTHWARDLY. PREMISES NUMBER 411 GRANBY
STREET, SUITE B.>>I NOTE THAT WE HAVE NO
OPPOSITION. THE APPLICANT, IS — IS HERE,
BUT DOES NOT WISH TO SPEAK. WITH THAT, LENNY?
>>THE MOTION IS TO RECHL THAT THE SPECS EXCEPTION — SPECIAL
EXCEPTION BE APPROVED, SUBJECT TO CONDITIONS CONTAINED IN THE
STAFF REPORT. DR. NEUMAN?
>>AYE.>>MR. LAW?
>>AYE.>>MISS MCCLELLAN?
>>YES.>>MR. HALES?
>>AYE.>>MR. TOVMS?
>>YES.>>MR. FRALEY?
>>AYE. WE WILL MAKE THAT
RECOMMENDATION TO COUNCIL. NEXT ITEM IS ITEM 6.
>>ITEM 6, IS A REQUEST BY LEGRAND FOR A SPECIAL
EXCEPTION TO OPERATE AN EATING AND DRINKING ESTABLISHMENT ON
PROPERTY FRONTING 50 FEET MORE OR LESS ON THE WESTERN LINE OF
COLLEY AVENUE. AND 100 FEET MORE OR LESS
ALONG THE SOUTHERN LINE OF 46TH STREET, PREMISES NUMBERED
4515 COLLEY AVENUE.>>I NOTE THAT WE HAVE NO
OPPOSITION TO THIS APPLICATION.
WE WANT TO ACKNOWLEDGE MR. STEVEN MARS IS HERE, BUT
DOES NOT WISH TO SPEAK IN FAVOR OF THIS APPLICATION.
>>THE MOTION TO RECOMMEND THAT THE SPECIAL EXCEPTION BE
APPROVED SUBJECT TO CONDITIONS CONTAINED IN THE STAFF REPORT.
DR. NEUMANN?>>AYE.
>>MR. LAW?>>AYE.
>>MISS MCCLELLAN?>>IE YES.
>>MR. HALES?>>AYE.
>>MR. THOMAS?>>YES.
>>MR. FRALEY?>>AYE.
WE WILL MAKE THAT RECOMMENDATION TO CONN —
COUNCIL.>>ALL RIGHT.
NEXT APPLICATION, ARABIAN NIGHTS HOOKAH LOUNGE, FOR A
SPECIAL EXCEPTION TO OPERATE AN ENTERTAINMENT ESTABLISHMENT
WITHOUT ALCOHOLIC BEVERAGES ON PROPERTY FRONTING 100 FEET
MORE OR LESS ALONG THE SOUTHERN LINE OF WEST — LET’S
SEE. FRONTING — 100 FEET MORE OR
LESS WEST OCEAN VIEW AVENUE, 300 FEET MORE OR LESS FIRST
VIEW STREET. PREMISES NUMBERED 9651 FIRST
VIEW STREET, SUITE D.>>THANK YOU, LENNY.
I NOTE THAT THERE IS NO OPERATION TO THIS APPLICATION.
>>THE MOTION TO RECOMMEND THAT THE SPECIAL EXCEPTION BE
APPROVED, SUBJECT TO THE CONDITIONS CONTAINED IN THE
STAFF REPORT. DR. NEUMANN?
>>AYE.>>MR. LAW?
>>AYE.>>MISS MCCLELLAN?
>>YES.>>MR. HALES?
>>AYE.>>MR. THOMAS.
>>YES.>>MR. FRALEY.
>>AYE. WE WILL MAKE THAT
RECOMMENDATION TO COUNCIL.>>>ALL RIGHT.
NEXT APPLICATION, JOHN PORTER FOR A SPECIAL EXCEPTION TO
OPERATE ENTERTAINMENT ESTABLISHMENT WITH ALCOHOLIC
BEVERAGES ON PROPERTY FRONTING 105 FEET MORE OR LESS ON THE
EASTERN LINE OF COLONIAL AVENUE, AND 100 FEET MORE OR
LESS ON THE NORTHERN LINE OF WEST 24TH STREET, PREMISES
NUMBERED 2406 COLONIAL AVENUE, UNIT A.
>>AND THERE IS NO OPPOSITION TO THIS APPLICATION.
MR. PORTER HAS SIGNED UP TO SPEAK.
MR. PORTER, YOU NEED TO TELL US SOMETHING THAT WE DON’T
ALREADY KNOW?>>I DON’T.
>>THANK YOU, THEN.>>THE MOTION IS TO RECOMMEND
SPECIAL EXCEPTION BE APPROVED SUBJECT TO CONDITIONS
CONTAINED IN THE STAFF REPORT. DR. NEUMANN?
>>AYE.>>MR. LAW?
>>AYE.>>MISS MCCLELLAN?
>>YES.>>MR. HALES?
>>AYE.>>MR. THOMAS?
>>I WANT TO THANK MR. PORTER FOR CONTINUING TO SUPPORT THIS
NEIGHBORHOOD. AYE.
>>AND MR. FRALEY.>>AYE.
GOOD LUCK WITH IT. WE WILL MAKE THAT
RECOMMENDATION TO COUNCIL.>>ALL RIGHT.
LAST APPLICATION, VISITORS OF OLD DOMINION UNIVERSITY TO
CLOSE THE SOUTHERN 30 FEET OF A 219 HAD BEEN — 219-FOOT
SEGMENT, MORE OR LESS, 50TH STREET, BEGINNING 229 FEET,
MORE OR LESS, FROM THE EASTERN LINE OF HAMPTON BOULEVARD
RUNNING EASTWARDLY.>>AND I NOTE THAT THERE IS NO
OPPOSITION. WE DO WANT TO ACKNOWLEDGE
STACEY DELYONS IS HERE IN FAVOR OF THE APPLICATION, BUT
DOES NOT WISH TO SPEAK. DID I GET THAT RIGHT?
>>THE MOTION TO RECOMMEND THAT THE STREET BE CLOSED.
DR. NEUMANN.>>AYE.
>>MR. LAW?>>AYE.
>>MISS MECHANIC CLEL AN?>>YES.
>>– MCCLELLAN?>>YES.
>>MR. HALES?>>YES.
>>MR. THOMAS?>>YES.
>>MR. FRALEY?>>AYE.
WE WILL MAKE THAT RECOMMENDATION TO COUNCIL.
THAT CONCLUDES OUR PUBLIC HEARING.
WE ARE ADJOURNED. THANK YOU.
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