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SEPTEMBER 12, 2006 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNOORF, At-Large VlCE MAYOR LOUIS R. JONES. Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DlEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN. Beach - District 6 RON A. VlLLANUEVA, At-Large ROSEMARY WILSON. At-Large JAMES L. WOOD. Lynnhaven -Distrlct 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE.'(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER -JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC 12 SEPTEMBER 2006 I. MAYOR'S BRIEFING - Conference Room - 2:00PM A. TEN YEAR PLAN TO ADDRESS HOMELESSNESS Mayor Meyera Obemdorf Andrew Friedman, Director of Housing and Neighborhood Preservation II. CITY COUNCIL BRIEFING A. COMMUNITY HEALTH CENTER PLAN Dr. Glenn Snyders, Chairman, Health Services Advisory Board III. CITY MANAGER'S BRIEFING A. HEALTH CARE AS A BUDGET DRIVER . Susie Walston, Chief of Staff IV. CITY COUNCIL COMMENTS V. REVIEW OF AGENDA ITEMS VI. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Deborah R. Fair Pastor, Charity United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 5,2006 G. PUBLIC HEARINGS 1. CHARTER AMENDMENTS a. Landscape Screening for abandoned retail and commercial property b. Removal of May election references c. Photo Red Light Enforcement Program H. AGENDA FOR FORMAL SESSION I. CONSENT AGENDA 1. ORDINANCES/ RESOLUTIONS 1. Ordinance to AMEND the City Code g21-230 to add Oxford Drive in Kings Grant to the Traffic Calming Program effective September 12, 2006. 2. Ordinance to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) re Special Weapons and Tactics/Crisis Negotiation (SW AT/CN) and the City's support to Fort Story. 3. Ordinance to AUTHORIZE the City Manager to execute a second Amendment to the Lease Agreement for Stumpy Lake Golf Course with an extension until December 31, 2007. 4. Ordinance to IMPLEMENT the Southside Hampton Roads Hazard Mitigation Plan in accordance with Federal Emergency Management Agency (FEMA) programs. 5. Ordinances to ACCEPT and APPROPRIATE: a. $631,452 to the Clerk ofthe Circuit Court's FY 2006-07 Technology Trust Fund re courtroom technology expenses b. $284,192 in additional income from the Community Development Block Grant Program (CDBG) to the Department of Housing and Neighborhood Preservation's FY2006-07 Operating Budget re the creation of affordable rental housing for low- and moderate-income households c. $102,106 from the United States Department of Justice's Edward Byrne Memorial Justice Assistance Grant and $28,000 of Asset Forfeiture Funds re public safety support and criminal processing d. $101,067 from the United States Department of Homeland Security to the Fire Department's FY 2006-07 Operating Budget re Fire and EMS station alerting capabili ti es e. $78,949 in United States Department of Criminal Justice Services state grant funding to the Department of Human Services FY 2006-07 Operating Budget re growing caseloads 6. Resolution re the 2007 Community Legislative Agenda and REQUEST the local Delegation to the General Assembly sponsor and/or support legislation that will realize the goals and objectives set forth therein. 7. Resolution to ESTABLISH the Historic Sites Organizing Committee re the creation and formation of a Foundation to assist in the support of City-owned "historic sites." K. PLANNING 1. Application of MIKE'S PAINT & BODY, INC. for a Conditional Use Permit at Progress Lane and Central Drive re an automotive repair garage and bulk storage. (DISTRICT 6- BEACH) RECOMMENDATION: APPRO V AL 2. Application ofKAH PROPERTIES, L.L.C. for a Conditional Use Permit at 3222 Virginia Beach Boulevard re motor vehicle sales and service. (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROV AL 3. Application of DR. ALAN MAHANES for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional 0-2 Office District at 2513 North Landing Road re a dental office and additional space for lease. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 4. Application of KEMP ENTERPRISES, INC. for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional A-24 Apartment District at Bonney Road and Kenley Road re multi-family dwellings. (DISTRICT 2 - KEMPSVILLE) STAFF RECOMMENDATION: REFERRAL BACK TO PLANNING COMMISSION PLANNING COMMISSION RECOMMENDATION: APPROVAL 5. Application of RHO MAN COMPANIES for a Change of Zoning District Classification from R-I0 Residential District to Conditional I-I Light Industrial District on a portion of 1032 Bells Road and 1041 Olds Lane re warehouses and office-warehouses. (DISTRICT 6- BEACH) RECOMMENDATION: APPROVAL L. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION BUILDING CODE OF APPEALS - New Construction COMMUNITY SERVICES BOARD EASTERN VIRGINIA HEALTH SYSTEMS AGENCY HISTORIC SITE ORGANIZING COMMITTEE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 09/07/2006mb www.vbgov.com I. MAYOR'S BRIEFING - Conference Room - 2:00PM A. TEN YEAR PLAN TO ADDRESS HOMELESSNESS Mayor Meyera Obemdorf Andrew Friedman, Director of Housing and Neighborhood Preservation II. CITY COUNCIL BRIEFING A. COMMUNITY HEALTH CENTER PLAN Dr. Glenn Snyders, Chairman, Health Services Advisory Board III. CITY MANAGER'S BRIEFING A. HEALTH CARE AS A BUDGET DRNER Susie Walston, Chief of Staff N. CITY COUNCIL COMMENTS V. REVIEW OF AGENDA ITEMS VI. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Deborah R. Fair Pastor, Charity United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 5, 2006 Ittsnlutinu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. G. PUBLIC HEARING 1. CHARTER AMENDMENTS a. Landscape Screening for abandoned retail and commercial property b. Removal of May election references c. Photo Red Light Enforcement Program H. AGENDA FOR FORMAL SESSION Date I 08/~~!~~_q~~__m.m___m 4d I D 1}..??~~.!5_!5_~~.mm ...m_._m........ .....___.... e_UBUCJiEABll~tG PROPOSED CITY CHARTER AMENDMENTS The Virginia Beach City Council will hold a PUBLIC HEARING on proposed amendments to the City Charter on Tuesday, September 12, 2006 at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center. Vir- ginia Beach. Virginia. The purpose of this Hearing will be to obtain public comment on the proposed amend- ments. which would: 1. Authorize the City to require the addition of landscape screening for retail and commercial proper- ties that have been abandoned for three (3) years or more in certain designated areas of the city; 2. Amend charter provisions regarding City Council and School Board elections by replacing refer- ences to May elections with references to November elections and noting that incumbents will continue in office until their successors take office on January 1. (This is a "housekeeping" revision. In June 2006. City Council adopted an ordinance that requires these elec- tions to take place in November. Amending the charter will remove now-obsolete references to May elections.); and 3. Authorize a Photo Red Light Enforcement Program in the city. If you are physically disabled or visually impaired and need assistance at this meeting. please call the CITY CLERK'S OFFICE at 427 4303; Hearing impaired, call TOO only 427 4305 (TDD Telephone Device for the Deaf). Any questions concerning this matter should be directed to Robert Matthias. Assistant tothe City Manager. City Manager's Office. City Hall. at the Virginia Beach Municipal Center. The City Manager's Office telephone number is (757) 385 4242. ,1-.;,." .- __~ pi...x..: . Ruth Hodges Smith, MMC City Clerk Beacon August 31. 2006 15698552 Ad shown is not actual print size Time t~:3~_!:~__,___... I. CONSENT AGENDA J. ORDINANCES/ RESOLUTIONS 1. Ordinance to AMEND the City Code g21-230 to add Oxford Drive in Kings Grant to the Traffic Calming Program effective September 12, 2006. 2. Ordinance to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) re Special Weapons and Tactics/Crisis Negotiation (SWAT/CN) and the City's support to Fort Story. 3. Ordinance to AUTHORIZE the City Manager to execute a second Amendment to the Lease Agreement for Stumpy Lake Golf Course with an extension until December 31, 2007. 4. Ordinance to IMPLEMENT the Southside Hampton Roads Hazard Mitigation Plan in accordance with Federal Emergency Management Agency (FEMA) programs. 5. Ordinances to ACCEPT and APPROPRIATE: a. $631,452 to the Clerk of the Circuit Court's FY 2006-07 Technology Trust Fund re courtroom technology expenses b. $284,192 in additional income from the Community Development Block Grant Program (CDBG) to the Department of Housing and Neighborhood Preservation's FY2006-07 Operating Budget re the creation of affordable rental housing for low- and moderate-income households c. $102,106 from the United States Department of Justice's Edward Byrne Memorial Justice Assistance Grant and $28,000 of Asset Forfeiture Funds re public safety support and criminal processing d. $101,067 from the United States Department of Homeland Security to the Fire Department's FY 2006-07 Operating Budget re Fire and EMS station alerting capabilities e. $78,949 in Department of Criminal Justice Services state grant funding to the Department of Human Services FY 2006-07 Operating Budget re growing caseloads 6. Resolution re the 2007 Community Legislative Agenda and REQUEST the local Delegation to the General Assembly sponsor and/or support legislation that will realize the goals and objectives set forth therein. 7. Resolution to ESTABLISH the Historic Sites Organizing Committee re the creation and formation of a Foundation to assist in the support of City-owned "historic sites." ~~~~ ,r:~"~ "~~fJit~ ,.tf 1;:_,0:'~_ . ~'.. ,,'~ !'0!> \'9.) ~e: --. _J~~ 'l.;,,':.' !jJ ~:~ ,..-51 ....;..~.::.r' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code S 21-230 Pertaining to Traffic Calming Via Maximum Speed Limits in Certain Residential Districts; Penalty MEETING DATE: September 12, 2006 . Background: On February 13, 2001, City Council adopted an ordinance to deter speeding on certain residential streets identified and qualified in accordance with a three-phase Traffic Calming Program. The ordinance authorizes courts to impose a $200 fine for speeding on a traffic-calming designated street. . Considerations: The Traffic Calming Program is designed as follows: Phase I is aimed at awareness and education, and generally takes place during discussions between Traffic Engineering and a neighborhood representative. In this phase, the neighborhood chooses the streets they want evaluated for inclusion in the program. Phase II includes speeding studies of the designated streets. If, on a street with a posted speed limit of 25 mph, the studies show that either 85% of drivers drive at a speed of at least 33 mph or that the average speed of all drivers is at least 29 mph, then the Police Department will conduct a series of selective enforcement patrols on the designated streets, followed by follow-up traffic studies at the end of each enforcement cycle. If the speeds persist or increase, the streets will be eligible to enter Phase III of the program once at least 75% of the neighbors sign a petition requesting the implementation of Phase III. Phase III is the submission of an ordinance to include the designated street among those subject to the fine of $200. The street added by this amendment-Oxford Drive in King's Grant--has qualified for inclusion in the Program. A petition requesting implementation of Phase III on Oxford Drive and signed by at least 75% of the residents has been submitted to Public Works. . Public Information: Public information will be handled through the normal Council agenda process. . Recommendations: Adopt Ordinance. . Attachments: Ordinance and Map. Recommended Action: Adopt . wi, Submitting DepartmentlAgency: Public Works and Police;tV' City Manage~ k , bz31Y"l 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTION 21-230 PERTAINING TO TRAFFIC 3 CALMING VIA MAXIMUM SPEED LIMITS IN 4 CERTAIN RESIDENTIAL DISTRICTS;- 5 PENALTY 6 SECTION AMENDED: ~ 21-230 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That the Code of the City of Virginia Beach, Virginia, is 10 hereby amended and reordained to read as follows: 11 Sec. 21-230. Traffic calming via maximum speed limits in certain 12 residential districts; penalty. 13 14 Pursuant to ~ 46.2-878.2 of the Code of Virginia, any person 15 who operates a motor vehicle in excess of the maximum speed limit 16 established for any portion of the following highways located 17 within the designated neighborhoods, on or after the effective 18 date, shall be guilty of a traffic infraction punishable by a 19 prepayable fine of two hundred dollars ($200.00), in addition to 20 other penalties provided by law. No portion of the fine shall be 21 suspended unless the court orders twenty (20) hours of community 22 service. 23 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn 24 Avenue; Dulcie Avenue. 25 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; 26 Olive Road, Alton Road; Old Kempsville Road. 27 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 28 (4) Little Neck: Harris Road. 1 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ( 5 ) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; Smith Farm Road. (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. (8) Country Haven: Stewart Drive. (9) Fairfield: Lord Dunmore Drive. (10) Bellamy Manor: Homestead Drive. (11) Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. (12) Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery Drive. (13) Bayville Park: Greenwell Road (From Shore Drive to First Court Road) . (14) Milburn Manor: Davis Street. (15) Lake James: Lake James Drive. (16) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. Effective as of April 6, 2004: (1) Croatan: Croatan Road. (2) Birdneck Point: Cardinal Road. 2 54 Effective as of April 5, 2005: 55 (1) Thoroughgood: Thoroughgood Drive. 56 (2) Hermitage Road. 57 Effective as of September 12, 2006: 58 (1) Kings Grant: Oxford Drive. 59 60 COMMENT 61 62 63 This amendment will add Oxford Drive to the Traffic Calming Program. 64 Adopted by the City Council of the City of Virginia Beach, 65 Virginia, on this day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~-M A - c;. "'-'*", Police Department ~~~ APPROVED AS TO CONTENT: CA10126 V:\citylaw\00019005.DOC R-l August 17, 2006 3 NEIGHBORHOODS PARTICIPATING IN PHASE III OF THE TRAFFIC CALMING PROGRAM, ORDINANCE 2619 CHURCH POINT BAWILLE PARK * KtNGS GRANT OXFORD DR. . CITY OF VIRGINIA BEACH AUGUST 3, 2006 PREPARED BY PUBUC WORIG ENGtNEERlNG CADD BUREAU LAKE SHORES ~ ~ -\ r. o o \ FAlRFtELD COUNT/?( HAVEN ACREDALE * NEW NEIGHBORHOODS PROPOSED WITH THIS AGENDA Xf'ROjECTSMAP$traffic calming.DeN M.j.S. PREPARED BY P/W ENG. CADD DEPT. Rev. 8 13 106 _______________________________________________________________________________________J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Memorandum of Understanding Providing for Special Weapons and Tactics/Crisis Negotiation Teams Aid Support from the City of Virginia Beach to Fort Story MEETING DATE: September 12, 2006 . Background: The Garrison Commander of Fort Story has asked that Virginia Beach enter into an agreement to provide SW AT and Crisis Negotiation personnel, if available, in the event a terrorist/non-terrorist event, hostage/barricade situation, high risk warrant execution or drug raid occurs on Fort Story. The Virginia Beach Police Department SW AT and Crisis Negotiation teams are willing to provide assistance during such events. . Considerations: The City Manager may only execute the proposed Memorandum of Understanding with Fort Story at the direction of City Council. . Public Information: Information will be disseminated to the public through the normal Council agenda process. . Recommendations: Adopt Ordinance . Attachments: Ordinance, Memorandum of Understanding and Summary of Terms Recommended Action: Adopt Ordinance Submitting Department/Agency: Police City ManagerD.) ~ ~ ~ 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A MEMORANDUM OF 3 UNDERSTANDING PROVIDING FOR 4 SPECIAL WEAPONS AND TACTICS/CRISIS 5 NEGOTIATION TEAMS AID SUPPORT FROM 6 THE CITY OF VIRGINIA BEACH TO FORT 7 STORY 8 9 WHEREAS, Code of Virginia Section 15.2-1728 authorizes 10 local governments to enter into memorandums of understanding for 11 emergency police services with federal authorities; 12 WHEREAS, the City of Virginia Beach maintains 13 equipment and personnel for emergency Special Weapons and 14 Tactics/Crisis Negotiations ("SWAT /CN") team responses within 15 its own jurisdiction and areas; 16 WHEREAS, it is recognized that the location of Fort 17 Story makes the Virginia Beach SWAT /CN teams the appropriate 18 primary responder in the event of a crisis that cannot be 19 contained by Fort Story Personnel; 20 WHEREAS, Code of Virginia ~ 15.2-1728 provides that 21 City police officers shall have the same powers, rights, 22 benefl ts , privileges, and immunities as are lawfully conferred 23 upon them within the City when they act, in the performance of 1 24 their duties, on property, such as Fort Story, that is under 25 federal authority; 26 WHEREAS, the City of Virginia Beach and Fort Story are 27 cognizant of the benefits they will derive from an agreement 28 allowing Fort Story to request the aid of Virginia Beach; and 29 WHEREAS, the City of Virginia Beach and Fort Story 30 desire to enter into a Memorandum of Understanding setting forth 31 the procedures to be followed in the event of a crisis requiring 32 the assistance of the Virginia Beach SWAT/CN teams. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 33 34 35 36 1. That the attached Memorandum of Understanding 37 ("Agreement") for emergency SWAT/CN team responses to Fort Story 38 is hereby approved. 39 2 . That the City Manager lS hereby authorized and 40 directed to execute the Agreement on behalf of the City of 41 Virginia Beach. 42 Adopted by the Council of the City of Virginia Beach, 43 Virginia on the day of September, 2006. APPROVED AS TO CONTENT: LEGAL ~ A. ~~ Police Department ice 2 CAI0128 V:\citylaw\00019056.DOC R-2 September 5, 2006 3 SUMMARY OF MATERIAL TERMS 1. Events - A terrorist or non-terrorist incident, a hostage/barricade sitUation, execution of high risk warrants or drug raid that occurs on Fort Story. 2. Memorandum of Understanding - An agreement between the City of Virginia Beach and Fort Story entered into in preparation for a response to any potential event listed above. Virginia Beach Police SW AT/CN personnel will respond, if available, at the request of Fort Story should such an event occur that cannot be contained by Fort Story personnel. 3. Command and Control - Virginia Beach personnel will remain under the command and control of the Virginia Beach Police Department's On-Scene Commander and/or the Virginia Beach SWAT/CN Team Commander. 3. Nature - Allows the City of Virginia Beach to provide police manpower and equipment, if available, in an effort to maintain public safety during any of the above described events. 4. Term - This agreement is effective upon execution and may be terminated by either party with 30 days written notice, or on the date control of Fort Story is transferred from the Army to the Navy. 5. Insurance - Insurance requirements are met through the City of Virginia Beach's self insurance program administered by Risk Management. 6. Liability - Neither party assumes liability for the negligent acts of the other party. Code of Virginia g 15.2-1728 provides that City police officers shall have the same immunities as are lawfully conferred upon them within the City when they act, in the performance of their duties, on federal property (such as Fort Story), pursuant to a mutual aid agreement. MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VIRGINIA BEACH, VIRGINIA And GARRISON COMMANDER, FORT STORY, VIRIGINA Refs:(A) Army Regulation 525-13, Anti-terrorism; Security of Personnel. Information, and Critical Resources. (B) Army Regulation 190-58 Personnel Security. (C) Department of Defense Directive 2000.12 DaD Combating Terrorism Program. (D) FM 3-19.11, Special Reaction Teams (SRT). (E) Army Regulation 190-40, Special Incident Report. 1. PURPOSE: This Memorandum of Understanding (MOU) is negotiated by and between the Fort Story Garrison Commander (hereafter referred to as "the Army") and the City of Virginia Beach, VA. (hereafter referred to as "Va. Beach"). The purpose of this MOU is to establish a mutual understanding regarding the responsibilities, procedures, and conditions for utilization of Special Weapons and Tactics/Crisis Negotiations (S W A T /CN) from the above agencies/organizations in the intervention into a non- terrorist hostage/barricade situations taking place on Fort Story, Army Base, located within the City of Va. Beach. This document is not intended as a replacement or to contradict existing Memorandums of Understanding (MOUs) or other regulations or laws, but rather to supplement the agreements already established in accordance with existing guidelines. 2. MISSION: In the event of a terrorist and non-terrorist event, hostage/barricade situation, high risk warrants, and drug raids that occurs at Fort Story under jurisdiction of the Provost Marshal Office, and the cognizant Regional Public Safety Program Manager determines it is necessary for the use of a special weapons or tactical unit to resolve the situation, Va. Beach Police Department will be contacted for assistance. The Va. Beach Police Department will provide, if available, a SW A T/CN Team to respond to the scene upon notification of a non-terrorist hostase/barricade, high risk warrant, and/or drug raid. 3. PROCEDURES: A. Response: Once notified, the Va. Beach Police Department will depart for the crisis site, if available. Once the team arrives, the team leader will report to the Army On- Scene-Commander (OSC) for information and to provide advice as required. The Va. Beach CN Team will be in charge of negotiations. The Army will provide such plan, maps, etc. that is required by the team. In keeping with preferred practices, whoever has established a good rapport with the hostage takers will continue unless circumstances determine otherwise. B. Command/Control: Once it is determined that Va. Beach SW A T/CN assets are to be used operational control of the situation will be turned over to the Va. Beach On-scene Commander. Overall operations control will stay with the SW A T/CN Team Commander. Up until the time of assault, there will be continued discussions between Army and local law enforcement officials to try and find a peaceful solution to the situation. Once committed, the Va. Beach SW A T/CN will operate according to their established procedures until the situation is resolved. C. Assault: Any assault upon Fort Story Army Base will be conducted only after approval from the Army OSC or Provost Marshal Office and only after all other avenues of neutralizing or diffusing the crisis have been exhausted. Any decision to make an entry will be discussed with the SW A T/CN Commander, senior CID agent on scene, Army OSC and Provost Marshal Office before permission is granted. The only exception to receiving prior command approval would be exigent circumstances at the crisis site, which would endanger the lives of the hostages and/or SWAT personnel within the area. In this case, the decision to effect and emergency assault will be made by the on-scene Va. Beach SW A T/CN Commander. D. Explosives: Use of any explosive devises for breaching of doors, windows, walls, etc. will be conducted by the Virginia Beach Police Department's Bomb Squad, CN Team, and on- scene SWAT Commander. E. Termination of Mission: The VBPD Incident Commander may terminate support of the mission at any time at his/her discretion. However, this decision will be discussed with the OSC, Army CID, and Fort Eustis Provost Marshal Office before support is terminated. F: Post Incident Teams: Post incident crime scene teams will consist of Army CID, Va. Beach Police Department Personnel, and any other unit deemed necessary by the OSC. Army CID will coordinate any substantive criminal investigative matters. 4. RELEASE OF LIABILITY: Neither the Provost Marshal Office, nor the United States Army shall be liable for any personal injury, property damage, or death caused solely by any negligent actions or inaction by the Va. Beach SW A T/CN personnel. Neither the City of Virginia Beach or the Virginia Beach Police Department shall be liable for any personal injury, property damage, or death caused solely by any negligent action or inaction by the Provost Marshal Office or the United States Army. The City of Virginia Beach and its police officers and agents shall be entitled to immunity granted by Code of Virginia S 15.2-1728. 5. COST INCURRED: Any expense incurred by the City of Virginia Beach will be handled in accordance with references (A) through (E). 6. EFFECTIVE DATE: This agreement shall be effective upon signature of all parties involved. 7. MODIFICATION AND REVIEW: No changes shall be made to this memorandum without mutual review and consent of all parties. This agreement shall be reviewed annually or as determined by the affected parties. 8. TERMINATION: This memorandum may be terminated by either party, preferably with written notice of not less than thirty (30) days from date of proposed termination. This agreement shall terminate upon the effective date of transfer of control of Fort Story from Army to Navy installation management. Rev: 03/29/06- MPR MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VIRGINIA BEACH, VIRGINIA And GARRISON COMMANDER, FORT STORY, VIRGINIA SIGNATURE PAGE FOR THE CITY OF VIRGINIA BEACH FOR THE GARRISON COMMANDER JAMES SPORE CITY MANAGER CITY OF VIRGINIA BEACH, VA. JOELJ. CLARK LIEUTENANT COLONEL, U. S. ARMY GARRISON COMMANDER LEGAL REVIEW LESLIE L. LILLEY CITY ATIORNEY CITY OF VIRGINIA BEACH, VA. A. M. JACOCKS, JR. CHIEF OF POLICE CITY OF VIRGINIA BEACH, VA. BEVERLY F. CORNELIUS LIEUTENANT COLONEL, U.S. ARMY PROVOST MARSHAL ATIEST: CITY CLERK CITY OF VIRGINIA BEACH, V A. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving the Second Amendment to Lease Agreement to Extend the Term of the Lease for the Stumpy Lake Golf Course Until December 31, 2007. MEETING DATE: September 12,2006 . Background: The existing lease, signed in 2001 for the operation and management of the 300-acre Stumpy Lake Golf Course, with Stumpy Lake Golf Course, Inc., included lease extensions expiring on September 30, 2006. The First Amendment to the Lease Agreement, dated September 13, 2005, removed . approximately 4.2 acres from the property for the development of birding trails. The lessee has agreed to an extension of the lease, as amended. . Considerations: The City has issued a Request For Proposal for the renovation and management of the Stumpy Lake Golf Course through a long-term land lease agreement, and negotiations are currently being conducted with Stumpy Lake Golf Course, Inc. Should the negotiations fail or not be completed prior to September 30, 2006, this extension of the lease would enable the Council sufficient time to authorize the execution of a new lease or consider alternative action for the renovation and management of the golf course. . Public Information: During the community input process conducted prior to the development of the Stumpy Lake Natural Area Master Land Use & Management Plan, the community expressed the desire for the Stumpy Lake Golf Course to continue in its present use and operation. . Alternatives: (1) Proceed with approval of the proposed Second Amendment. (2) Request the lessee to abandon the property within ninety days. Current lease expires at the end of September 2006. . Recommendations: Authorize the City Manager to sign the Second Amendment to extend the lease until December 31, 2007, with all remaining provisions of the lease, as previously amended, remaining in effect. . Attachments: Ordinance and Second Amendment Recommended Action: A~ Submitting Department/Agency: Parks and Recreation ~ City Manage . ~ ,~~ &wti;.~tV 1 2 3 4 AN ORDINANCE APPROVING THE SECOND AMENDMENT TO LEASE AGREEMENT TO EXTEND THE TERM OF THE LEASE FOR THE STUMPY LAKE GOLF COURSE UNTIL DECEMBER 31, 2007 5 WHEREAS, the City of Virginia Beach, Virginia (City) is 6 the owner of approximately 300.25 acres of land generally known 7 as Stumpy Lake, which was acquired from the City of Norfolk (the 8 Property) ; 9 WHEREAS, pursuant to that certain Agreement of Lease 10 (Lease) dated October 1, 2001, the City leased the Property to 11 Stumpy Lake Golf Course, Incorporated (Lessee) for the operation 12 and management of the Stumpy Lake Golf Course for a term which, 13 with extensions, ends September 30, 2006; 14 WHEREAS, the Lease was amended by a First Amendment to 15 Lease Agreement, dated September 13, 2005; 16 WHEREAS, the City has issued a Request For Proposal for the 17 renovation and management of the Stumpy Lake Golf Course, and 18 negotiations are currently being conducted with Lessee; 19 WHEREAS, the Lessee has agreed to holdover and remain in 20 possession of the Property until an agreement is reached for the 21 renovation and management of the Golf Course but no longer than 22 December 31, 2007; and 23 WHEREAS, the City and the Lessee desire to amend the lease 24 to allow an extension until December 31, 2007, or to such 25 earlier time as a new agreement lS reached for the lease of the 26 property. 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 That the City Manager is hereby authorized to execute a 30 Second Amendment to Lease Agreement between Stumpy Lake Golf 31 Course, Incorporated and the City, for the purpose of extending 32 the term of the lease until December 31, 2007. Provided ':l':l ..,J..,J 'h r"\'{.TQ,TO,...... J..I......., VV '-" v '-"..L , that all remaining provisions ,...,-F '-'.L.. the Lease, as 34 previously amended, shall remain in effect. 35 Adopted by the Council of the City of Virginia Beach, 36 Virginia, on the day of , 2006. CA-I0133 PA/GG/orders/stumpy lake ord (2) .doc September 6, 2006 R-2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~/'-/ Par sand Recreatlon )rAIf:; SECOND AMENDMENT TO LEASE AGREEMENT TIDS SECOND AMENDMENT TO LEASE AGREEMENT ("Second Amendment") is made as of the day of , 2006 between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (the "City") and STUMPY LAKE GOLF COURSE, INCORPORATED, a Virginia corporation ("Lessee"). RECITALS 1. Pursuant to that certain Lease dated October 1, 2001, between the City and Lessee (the "Lease"), City leased to Lessee certain premises described in the Lease and shown on the exhibit attached to the Lease as Exhibit A. 2. Pursuant to a First Amendment to Lease Agreement the parties agreed to a release or an approximately 4.2 acre parcel from the leased premises. 3. Pursuant to the lease, the term of the lease and any extensions shall not exceed a total duration of five (5) years. 4. The total duration of the original term and all extensions of the lease shall be five (5) years on September 30, 2006. 5. The City and the Lessee desire to amend the Lease to permit an extension of the term of the lease until December 31, 2007. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Paragraph 2 of the lease is hereby amended to read as follows: 2. TERM The parties agree that the term of this Lease is October 1, 2001 through December 31, 2002. After the expiration of the term, upon written consent of both parties, this Lease shall be extended month to month, under the same terms of this Lease. The Lessee shall have sixty (60) days to vacate the property from the date the City notifies the Lessee it does not intend to extend the Lease. In such event, the Lessee may not continue to operate as a golf course past December 31, 2002. During any extension period, either party may terminate this Lease upon ninety (90) days advance written notice to the other party. The consent for the extension must be signed by the Lessee no later than thirty (30) days prior to the expiration of this Lease. Under no circumstances shall the original term and the extensions exceed total duration of five (5) years. Provided 1 however, effective October I, 2006, this lease may be extended for an additional extension period until December 31, 2007. 2. Except as expressly modified by this Amendment, the Lease, as amended shall remain in full force and effect. In the event of a conflict between the- terms, conditions, and provisions of the Lease, the First Amendment and this Amendment, the terms, conditions and provisions of this Amendment shall prevail. 2 WITNESS the following signatures and seals: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia _ By: City Manager/Authorized Designee ATTEST: By: City Clerk STUMPY LAKE GOLF COURSE, INCORPORATED a Virginia corporation By: (SEAL) Title: Date: APPROVED AS TO CONTENT: c~~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City~,fo~ 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Approve and Adopt the Southside Hampton Roads Hazard Mitigation Plan MEETING DATE: September 12, 2006 . Background: Virginia Beach was awarded $130,000 in federal and state grant funds to sponsor the development of a regional hazard mitigation plan including the cities of Norfolk, Portsmouth and Suffolk, Isle of Wight County, and the towns of Smithfield and Windsor (the City of Chesapeake had previously developed its own hazard mitigation plan). The ultimate goal of the plan is to minimize or eliminate the long-term risk to human life and property from natural hazards by identifying and implementing cost-effective mitigation actions. The plan outlines specific actions for participating jurisdictions to undertake in reducing the impact of natural hazards. Hazards may include, but are not limited to, natural events such as hurricanes, nor' easters, flooding, ice storms, and tornadoes. While a single regional mitigation plan is being developed, each jurisdiction has created its own separate "mitigation action plan." The regional mitigation plan will meet all applicable Federal regulations per the Disaster Mitigation Act of 2000 and local planning requirements established by the Federal Emergency Management Agency (FEMA), as well as local planning requirements for hazard mitigation required by the Virginia Department of Emergency Management. A FEMA-approved mitigation plan is required for local communities to remain eligible for future grant funds made available through FEMA's Pre-Disaster Mitigation (PDM) program and Hazard Mitigation Grant Program (HMGP). Funds from these programs may be used by local governments and non-profit organizations to implement mitigation projects at the local community level. The Southside Hampton Roads Hazard Mitigation Plan is designed to assist communities in identifying ways to better protect citizens and property from the effects of natural hazards. The development of the Plan has been mandated by FEMA. The Plan assumes that hazard mitigation is best served by pre-disaster investments to reduce the demand for post-disaster assistance by reducing the need for emergency response, repair, recovery and reconstruction. The Plan has four goals consisting of: (1) the development of plans and studies that will support the implementation of techniques that will aid in the mitigation of natural hazards in the region; (2) conducting public education, outreach and awareness programs to help local citizens better understand hazard mitigation and ways to protect lives and property from the impact of natural hazards; (3) promotion of cost beneficial structural projects across the region that will be beneficial to reducing the impact of natural hazards when they occur; and (4) implementing sound hazard mitigation policies into the framework of local government Adoption of Souths ide Hampton Roads Hazard Mitigation Plan Page 2 of 2 operations across the region. From these goals, each participating jurisdiction has established specific mitigation actions written in the form of policies and projects appropriate to their jurisdiction. . Considerations: Public participation was a critical element of the hazard mitigation planning process. The purpose of public participation was to solicit input, participation and feedback from interested residents and business owners that can help further identify existing hazards and potential hazard mitigation actions that can be taken to reduce their impact. A Public Information Meeting was conducted on October 18, 2005 during the planning process to solicit input. The final draft plan was submitted to the Virginia Department of Emergency Management in April 2006 for final approval. Preliminary State approval was issued in May 2006, and the plan was forwarded to FEMA for final approval. Following completion of the Final Draft Plan, an Information Briefing was provided to City Council on August 8, 2006. A Public Hearing was also held on the Final Draft Plan on August 22, 2006. No public input was received on the Final Draft Plan. In accordance with Federal planning requirements, the local governing bodies of each participating jurisdiction is required to review and approve that portion of the overall plan that affects them. Following the plan adoption process, the regional hazard mitigation plan will be submitted for formal approval by FEMA and the Virginia Department of Emergency Management. . Attachments: Ordinance City of Virginia Beach Hazard Mitigation Plan - Abstract Recommended Action: Staff recommends approval. Submitting Department/Agency: Fire. Department and Planning Department ~ City Manager: U I K, '93~ 1 2 3 4 5 AN ORDINANCE TO APPROVE AND ADOPT THE SOUTHSIDE HAMPTON ROADS HAZARD MITIGATION PLAN WHEREAS, in an effort to reduce the Nation's mounting 6 natural disaster losses, the U. S. Congress passed the Disaster 7 Mitigation Act of 2000 that requires, in part, that state and local 8 governments develop a hazard mitigation plan in order to remain 9 eligible for pre- and post-disaster mitigation funding; 10 WHEREAS, the federal and state governments provided grant 11 funds in the amount of $130,000 to the City of Virginia Beach for the 12 purpose of supporting the development of a Souths ide Hampton Roads 13 Hazard Mitigation Plan; 14 WHEREAS, the City of Virginia Beach sponsored the 15 development of a regional hazard mitigation plan including the cities 16 of Norfolk, Portsmouth, and Suffolk, Isle of Wight County, and the 17 towns of Smithfield and Windsor; 18 WHEREAS, the ultimate goal of the plan is to minimize or 19 eliminate the long-term risk to human life and property from natural 20 hazards by identifying and implementing cost-effective mitigation 21 actions; 22 WHEREAS, the plan outlines specific actions for 23 participating jurisdictions to undertake in reducing the impact of 24 natural hazards; 25 WHEREAS, the regional mitigation plan will meet all 26 applicable Federal regulations per the Disaster Mitigation Act of 27 2000 and local planning requirements established by the Federal 28 Emergency Management Agency (FEMA), as well as local planning 29 requirements for hazard mitigation required by the Virginia Department 30 of Emergency Management; 31 WHEREAS, a FEMA-approved mitigation plan is required for 32 local communities to remain eligible for future grant funds made 33 available through FEMA's Pre-Disaster Mitigation (PDM) program and 34 Hazard Mitigation Grant Program (HMGP); 35 WHEREAS, funds from these programs may be used by local 36 governments and non-profit organizations to implement mitigation 37 projects at the local community level; and 38 WHEREAS, in accordance with Federal planning requirements, 39 the local governing body of each participating jurisdiction is 40 required to review and approve that portion of the overall plan that 41 affects them. 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA, 44 That the Southside Hampton Roads Hazard Mitigation Plan 45 Final Draft, an abstract of which is attached hereto, is hereby 46 approved and adopted for the City of virginia Beach. 47 Adopted this ____ day of , 2006, by the Council of 48 the City of Virginia Beach, Virginia. APPROVED AS TO CONTENT: .~ I .~ P ann1ng Department q -1..0' APPROVED AS TO LEGAL SUFFICJ:ENCY: W . City Attorney's Office CAI0144 V:\applications\citylawprod\cycom32\Wpdocs\D006\P001\OO019746.DOC R-2 September 6, 2006 City of Virginia Beach Hazard Mitigation Plan - Abstract INTRODUCTION The following is an abstract of the Southside Hampton Roads Hazard Mitigation Plan. Its intent is to provide a brief overview of the basic components of the plan, and to provide a list of Virginia Beach- specific strategies to mitigate the defined hazards. PURPOSE This plan has been developed to satisfy the requirements of the Disaster Mitigation Act (DMA) 2000, and is a collective effort between Isle of Wight County, Norfolk, Portsmouth, Smithfield, Suffolk, Virginia Beach and Windsor. Its purpose is to identify the region's risk of natural hazards (i.e. hurricanes, tornados, lightning storms, etc.), highlight each jurisdiction's capabilities and vulnerabilities, and detail strategies to remedy shortfalls and further prepare the community. This plan is also a requirement for future mitigation funding eligibility. It is important to understand the spirit of the DMA 2000 is not to impose a federal mandate on state and local governments. Instead, it is meant to encourage proactive steps toward protecting communities - not only through post-disaster mitigation activities, but more importantly, through pre-disaster mitigation planning in all areas of government. Mitigation is just one phase of four under comprehensive emergency management. The other three include Preparedness, Response, and Recovery. As stated in the EOP Basic Plan: "Hazard mitigation includes the responsibility for developing specific measures to reduce the effects of natural or man-made hazards. Also included is the identification and mitigation measures for other hazards that may develop. These measures include, but are not limited to, the development of zoning laws and land use ordinances, building codes, regulations, and licensing for the handling and storage of hazardous materials, and the inspection and enforcement of such ordinances, codes, and regulations (p. 37). Logic, and history, suggests more effort in the mitigation phase will result in a decreased need in the Response and Recovery phases. In Layman's tenns, money put into mitigation projects can ultimately save money in Response and Recovery efforts in the future. For example, the one-time cost of elevating a structure in a flood zone will be less than the numerous losses and claims of repetitive damage through the years. Funding was provided by FEMA and VDEM through Hazard Mitigation Grant Program (HMGP) funds. SITUATIONS AND ASSUMPTIONS Situations . The city is vulnerable to natural disasters that place the community at risk from various hazards and consequences. City of Virginia Beach Hazard Mitigation Plan Abstract July 18, 2006 . The Disaster Mitigation Act of 2000 was intended to facilitate cooperation between state and local authorities on risk reduction measures to expedite funding allocation. . DMA 2000 compliance requires local communities to develop hazard mitigation plans to remain eligible for pre-disaster and post-disaster funding through FEMA. . Plan focuses on natural hazards only, such as floods, hurricanes and tornados, and not manmade disasters such as technological accidents or acts of terrorism. . While the plan takes a regional approach, it details information specific to each participating jurisdiction. Assumptions . City is interested in a true assessment of the threats to the community, its capabilities, and also its vulnerabilities as a base to establish effective mitigation strategies. . Approved plan will be a comprehensive, useable document that will result in improved measures toward the safety of community. . City is interested in eligibility for future pre- and post-disaster mitigation funding. GENERAL In order to provide the most accurate information for the City of Virginia Beach, input was solicited from the Quality Physical Environment (QPE). The plan was also distributed to all appropriate departments for comment. Externally, other stakeholders invited to participate included the American Red Cross, Peninsula Hazard Mitigation Planning Committee, National Weather Service, Virginia Department of Emergency Management, Navy Mid-Atlantic Command, USACE Norfolk Office, and most importantly, the citizens. Following the guidelines set forth by the Code of Federal Regulations (CFR), the committee fonnulated the plan's capability assessment, risk assessment and mitigation strategies. Lastly, documentation was perfonned detailing the steps intended to maintain the plan. Capability Assessment Examination of each participating jurisdiction's local capabilities (i.e. regulatory, administrative, technical and fiscal) to implement mitigation activities. The assessment serves to highlight some of the positive mitigation measures already in place as well as identify any existing gaps, conflicts or weaknesses that may need to be addressed through future mitigation planning actions. Risk Assessment Includes a general hazard identification, analysis and vulnerability assessment for the natural hazards that can affect the region in order to prioritize hazard risks and develop appropriate mitigation strategies. Based on current and historical information, natural hazards that threaten the area were rated at a "High," "Medium" or "Low" consideration risk. The summary of the hazards threatening Virginia Beach are as follows: City of Virginia Beach Hazard Mitigation Plan Abstract July 18, 2006 Low Wildfire / Drou ht, Dam / Levee Failure Erosion Earth uakes Extreme Tem eratures Sinkholes Landslides Note: Some natural hazards overlap. For instance, the effects of a hurricane will include strong winds, storm surge, and possibly tornadoes. Part of the vulnerability assessment takes into account the asset inventory of the population. Flooding is the most frequent and costly of all natural hazards in the United States, particularly Virginia Beach. As such, the following statistics were compiled to better understand the potential economic impact on the community. (Similar statistical information is detailed for each hazard in the plan). Residential 135,766 Commercial 1,393 Number of Buildin s Industrial 115 Other 266 Total 137,540 Residential $18,256,280,000 Buildin and Contents Values Commercial Industrial $2,170,665,000 $27,859,000 Other $370,162.000 Total $21,068,966,000 Vulnerability maps specific to High-consideration hazards to Virginia Beach are attached to this Abstract. Mitigation Strategy General regional goals, as well as jurisdictionally-specific local mitigation actions (projects and policy alternatives). Each proposed mitigation action is tied to assigned implementation mechanisms, such as the department or person responsible for carrying the specific action out, a timeline for its completion and potential funding sources, if applicable. Regional Goals: Goal #1 : Develop plans and studies that will support the implementation of techniques that will aid in the mitigation of natural hazards in the region. City of Virginia Beach Hazard Mitigation Plan Abstract July 18, 2006 Goal #2: Conduct public education, outreach and awareness programs to help citizens better understand hazard mitigation and ways to protect lives and property from the impact of natural hazards. Goal #3: Undertake cost beneficial structural projects across the region that will be beneficial to reducing the impact of natural hazards when they occur. Goal #4: Implement sound hazard mitigation policies into the framework of local government operations across the region. Virginia Beach-Specific Action Strategies: 1. Comprehensive Planning process could be expanded to better integrate the existing mitigation related programs, as well as the mitigation philosophy to include links to the mitigation plan itself. 2. The Open Space Program could be reviewed in light of mitigation considerations and rationalized as part of a mitigation plan. 3. The Stonnwater Management Program could be reviewed as part of the city's overall Hazard Mitigation Plan. Projects and programs should be reviewed to identify possible HMGP grant opportunities that might support stormwater management programs. 4. Relocation of the ComIT Data Center. 5. The city should review its Floodplain Management Program to ensure that stakeholders, as well as program activities, are current and appropriate for the city. 6. The city should evaluate its Site Plan Review Process to consider the vulnerabilities of natural, as well as man-made disasters. This analysis should be made part of the review process and include mitigation and preparedness issues, where appropriate. 7. The city should consider the Virginia Uniform Statewide Building Code's current status and detennine iflobbying might be appropriate to increase the code's strength. 8. Encourage critical businesses and service agencies to consider mitigation planning and project development to include emergency quick connects and emergency generators. 9. The city should review its property maintenance and renovation programs to ensure mitigation programs and concepts are integrated into its operations. HMGP grants are ways to improve property protection and maintenance, such as elevating structures. 10. The city wishes to continue its program of providing emergency power quick connect capabilities to its sewer pump stations to support extended power outages. 11. The city might work with Dominion Virginia Power to explore strategies for putting utilities underground to decrease their vulnerability. 12. The city should identify and consider a program to continue the hardening and retrofitting of critical facilities. 13. Mitigation Capital Improvement Program: The city may consider, as part of the CIP process, initiatives to identify funds for projects and to harden critical facilities, as well as other mitigation projects under the HMGP program. 14. Subject to funding becoming available, the city will consider programming emergency power quick connect projects for the city's critical facilities. These facilities consist of critical city buildings, sewer and storm water pump stations where service disruption to these facilities would be minimized to ensure better services and community protection. 15. The city should expand its public education programs and activities to ensure that disaster preparedness information is made available to the public. 16. The city should continue with the CERT and Medical Reserve Corps (MRC) Programs for the integration into the overall emergency preparedness community. 17. The city might consider a flood insurance education program to ensure that the public is aware of and receives information to make an informed decision about flood insurance. 18. The city might consider business education programs to encourage businesses to plan for disasters and disaster recovery. Planning support for internal, as well as external organizations should be considered. City of Virginia Beach Hazard Mitigation Plan Abstract July 18, 2006 19. Purchase and install flashing beacon alert signs (14) to notify motorists when new or updated emergency messages are available via the city's low power AM Radio system. The city's VBAM 1680 was installed in the late summer of 2005 provides warnings and notifications. 20. Continue to build upon the communications systems to advance interoperability within the city and the region. 21. Public Information Operation Emergency Power: Install a generator for Building 22 to power equipment for the 2417 non-emergency contact center. 22. The city should consider the identification of existing critical intersections for emergency power and quick connect for wiring 80 intersections out of 220. 23. Upgrade backup power plant for the Municipal Center PBX phone switching station to avoid loss of telephone service when commercial power fails. This switching station provides telephone service to the Municipal Center Campus including multiple remote sites, as well as the future E911 phone service. 24. The city will work with the COE and federal government to ensure the maintenance of the Hurricane Protection Project and other maintained beaches within the city. The Virginia Beach-specific mitigation strategies outlined in this plan are not concrete. This is a living document subject to change. The intent is to keep mitigation at the forefront of future city planning. Also, DMA 2000 does not require action within the prescribed time frame; goals are contingent upon available funding. Plan Adoption / Maintenance To ensure the Plan remains a relevant local planning document that is implemented and routinely reviewed and updated, as necessary. At a minimum, the plan must be evaluated, updated and resubmitted to the State Hazard Mitigation Officer every five years. Documentation Thorough documentation on the planning process used to prepare the Plan is included, as required by the State and FEMA. Plan implementation involves the completion of proposed mitigation actions, including policies and projects. AUTHORITY Section 322, Mitigation Planning, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as enabled by Section 104 ofthe Disaster Mitigation Act of 2000 (P.L. 106-390) and by FEMA's Interim Final Rule published in the Federal Register on February 26, 2002, at 44 CFR Part 201. City of Virginia Beach Hazard Mitigation Plan Abstract July 18, 2006 ~/ // // / // // . . y/ en /' ;;.: <C /./. cD 0 <: W // UJ '" w 0:: /./ <( 0::: ll... 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I ! . ! i , , , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $631,452 to the Clerk of the Circuit Court's FY 2006-07 Technology Trust Fund MEETING DATE: September 12, 2006 . Background: The Clerk of the Circuit Court receives funding for technology based on fees charged. In the past, this funding was provided to the Clerk's Office through their state budget, so the City was not responsible for appropriating this funding. Last year, the State Compensation Board changed the way it distributes this funding, and the City is now reimbursed by the State for purchases made for courtroom technology purposes. The Clerk's Office has been approved for $631,452 in additional revenue for FY 2006-07. . Considerations: This appropriation will not require any additional money from the City. The appropriation gives the Clerk's Office the ability to spend the funds on courtroom technology with State revenue offsetting the appropriation. . Public Information: Public Information will be handled through the normal Council agenda process. . Recommendations: Accept and appropriate $631,452 in state revenue to the Clerk of the Circuit Court's Technology Trust Fund. . Attachments: Ordinance and Compensation Board's Authorization of Funds Recommended Action: Approval of Attached Ordinance Submitting Department/Agency: Clerk of the Circuit Court City Manager:~~ l~l\V't 1 2 3 4 5 AN ORDINANCE TO ACCEPT AND APPROPRIATE $631,452 TO THE CLERK OF THE CIRCUIT COURT'S FY 2006-07 TECHNOLOGY TRUST FUND WHEREAS, the State of Virginia Compensation Board has 6 modified its reimbursement format for the Clerk of the Circuit 7 Court's Technology Trust Fund. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: 10 That $631,452 in additional State revenue is hereby 11 accepted and appropriated to the Clerk of the Circuit Court's FY 12 2006-07 Technology Trust Fund to cover the cost of courtroom 13 technology, with State revenue increased accordingly. 14 Adopted by the Council of the City of Virginia Beach, 15 Virginia on the day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~tqJ~~ ,b ?K-~/f" City Attorney's ffice CA10140 v:\applications\citylawprod\cycom32\Wpdocs\D030\P001\OO019550.DOC R-2 August 31, 2006 ~-:'::'4-Ub; 1 1 : ~ lAM; ;456 56S6 # 2/ 2 MC7S CO~N BUDGET dQUEST V.08012006 FY: 2007 LOC: 810 OFF: 321 VIRGINIA BEACH CITY $ 4 BUDGE'!' REQUEST FOR SERVICES 2006-08-23 12:31 $4 AVAILABLE BALANCE: $ 631,452 SEL VENDOR: NAME SERVICE DESCRIPTION PURPOSE CODE TOTAL COST AMC1\D INSTALL NEW CMS F 500000 AMC1\D INSTALL NEW CMS- F 500000 . , AMCAD MAIN'.rENANCE .BIV 123000 .- AMCAD MAIN'l'ENANCE BIV 123000 " AMCAD EQUIP/SOFTWARE/CONV BIll 8452 AMCAD EQUIP!SOFTWARE/CONV BIll 8452 TOTAL $4 EQUIPMENT/ SERVICES REQUESTED: $ '631,452 $4 REMAINING BALANCE: $' 0 SELECT () A=ADD U=UPDATE D=DELETE . 0003 THERE IS-NO AVAILABLE TURNOVER BAIiANCE LEFT, yOU ~OT ADD REQUESTS Fl=HELP F2=AUTH BDG F3=MENU F4=TOTALS F7~PREV F8=NEXT F12=MAIN CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $284,192 in Additional Community Development Block Grant Program Income to the Department of Housing and Neighborhood Preservation's FY 2006-07 Operating Budget MEETING DATE: September 12, 2006 . Background: Since 1986 the Department of Housing and Neighborhood Preservation (DHNP) has provided $294,468 in Community Development Block Grant (CDBG) funding to Virginia Beach Community Development Corporation (VBCDC) to be utilized in a revolving fund to provide affordable homeownership opportunities to low- and moderate-income households. Positive benefits of this program include eliminating blighted vacant housing in low and moderate-income neighborhood and contributing to the number of homeowners in neighborhoods. Factors beyond VBCDC's control are now making this program more difficult to successfully operate. The escalation in real estate values coupled with the need for extensive costly rehabilitation of older properties is causing sales prices to exceed what the intended clientele can afford to purchase. With these market conditions and the federal restrictions on the funding, VBCDC wishes to cease operating this program and is requesting that the funds be redirected to the creation of affordable rental housing. The balance of the revolving funds ($284,192) will be returned to the City and will be considered CDBG program income. These funds need to be appropriated before they can be reallocated to VBCDC. DHNP would like to appropriate these funds back to VBCDC to be utilized for their successful Acquisition and Rehabilitation of Rental Housing Program. DHNP currently provides funds to VBCDC for this purpose. This additional CDBG funding, as well as leveraging funding through VBCDC will enable the acquisition of twice as many properties for this program (a total of six units). There is a well-documented need for affordable rental housing for low- and moderate- income households, and this use is consistent with DHNP's Consolidated Strategy and Plan (2005-2010). . Considerations: VBCDC currently operates another homeownership program with funding it received directly from HUD. That program will continue to be operated by VBCDC; therefore, the benefits to the City of a homeownership program for low- to moderate- income households still will be realized. . Public Information: Public infonnation will be handled through the nonnal Council agenda publication. . Recommendations: Approval. . Attachments: Ordinance Recommended Action: Approva Submitting Department! Agency: u i Cky Manager~.. ~~DO'i ~ nd Neighborhood Preservation 1 2 3 4 5 6 AN ORDINANCE TO APPROPRIATE $284/192 IN ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME TO THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION 1 S FY 2006-07 OPERATING BUDGET 7 WHEREAS 1 more program revenue will be realized in the 8 Department of Housing and Neighborhood Preservation 1 s Community 9 Development Block Grant (CDBG) Program due to the return of unspent 10 funding previously allocated to the Virginia Beach Community 11 Development Corporation for a home-ownership program for low- and 12 moderate-income households. 13 NOW 1 THEREFORE 1 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH 1 VIRGINIA: 15 That $284/192 from program income is hereby appropriated to 16 the Department of Housing and Neighborhood Preservation/s FY 2006- 17 07 Operating Budget to provide additional funding to the Virginia 18 Beach Community Development Corporation/s ACquisition and 19 Rehabilitation of Rental Housing Program to create additional 20 affordable rental housing for low- and moderate-income households, 21 with estimated revenue from program income increased accordingly. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia 1 on the day of 1 2006. Management Services APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: J;j~~(l . 1(J1YYd F I<~{l(~ CitY Attorney's Off ce '- CA10135 V:\applications\citylawprod\cycom32\Wpdocs\D030\P001\OO019533.DOC R-4 August 31, 2006 ':~1- ,{~1.. .....ftv f~l. _. \~~ ~~i~ - i~) \\~-- //1 ~t,."'~"-~~~J 'i:~'~"~'" ~.:r' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $102,106 from the United States Department of Justice Edward Byrne Memorial Justice Assistance Grant and Appropriate $28,000 of Asset Forfeiture Funds for the Purpose of Supporting Public Safety and Criminal Processing MEETING DATE: September 12, 2006 . Background: The Edward Byrne Justice Assistance Grant (Byrne JAG) is a grant from the Department of Justice (DOJ) that is used to assist with law enforcement and criminal processing programs. The Byrne JAG supports a broad range of activities to prevent and control crime based on local needs and conditions. A few weeks ago the City Council accepted and appropriated a Byrne JAG that the DOJ awarded the Commonwealth and the Commonwealth then awarded to the City. A separate Byrne JAG has been directly awarded by the DOJ to the City. The Criminal Justice Board, which is comprised of City representatives from Police, Sheriff, Courts, and Community Corrections, met to determine the best use of this grant funding. As a requirement of the grant, the recommendation of the Criminal Justice Board was brought to the City Council in February. . Considerations: The total award for this grant is $102,106. The Virginia Beach Criminal Justice Board recommends that the funds be used as follows: $4,575 for an information kiosk display in the Juvenile and Domestic Relations Court $33,000 to the Police Department for additional evidence storage and presentation equipment $3,241 to the Magistrate for a new laptop to assist with processing defendants $13,290 for the Law Enforcement Training Academy for new presentation equipment $20,000 for Contracted Manpower for administrative support in Community Corrections $28,000 to the Commonwealth's Attorney to partially fund a full-time position to work on asset forfeiture cases. The remaining funds for this position will be provided by increased revenue from asset forfeiture programs. This position will cease when grant funding expires. An additional FTE will be established in the Commonwealth's Attorney's FY 2006-07 Operating Budget, and $28,000 of additional asset forfeiture funds will be appropriated to cover the remainder of the costs associated with the new FTE. . Public Information: Public Information will be handled through the normal agenda process. A public hearing, which was required by the grant, was held at the City Council's February 28th meeting. . Recommendations: Staff recommends that the grant be accepted and appropriated for the recommended use offunds as suggested by the Criminal Justice Board. . Attachments: Ordinance and Award Letter from DOJ Recommended Action: Approval Submitting Department/Agency: City Manager City Manager:~ ~ \.L. · d-e,b<'I1.. 1 2 3 4 5 6 7 8 AN ORDINANCE TO ACCEPT AND APPROPRIATE $102,106 FROM THE UNITED STATES DEPARTMENT OF JUSTICE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND APPROPRIATE $28,000 OF ASSET FORFEITURE FUNDS FOR THE PURPOSES OF SUPPORTING PUBLIC SAFETY AND IMPROVING CRIMINAL PROCESSING 9 WHEREAS, the United States Department of Justice has 10 authorized a 2006 Edward Byrne Memorial Justice Assistance grant 11 of $102,106 to the City of Virginia Beach. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 1. That $102,106 is hereby accepted from the U.S. 15 Department of Justice and appropriated to the following agencies 16 and departments in the amounts and for the purposes set forth 17 below: 18 a. $4,575 to the Juvenile and Domestic Relations Court for 19 an information kiosk display. 20 b. $33,000 to the Police Department for new evidence 21 storage and presentation equipment. 22 c. $3,241 to the Magistrate for a new laptop to assist with 23 processing defendants. 24 d. $13,290 to the Sheriff's Department for new presentation 25 equipment at the Law Enforcement Training Academy. 26 e. $20,000 to the Community Corrections program for 27 contracted manpower clerical support. 28 f. $28,000 to the Commonwealth's Attorney to fund 50% of an 29 additional FTE for asset forfeiture. 30 2. That estimated revenue from the Federal Government in 31 the 2006-07 Operating Budget is hereby increased by $102,106. 32 3 . That one additional FTE is added to the Commonwealth's 33 Attorney's FY 2006-07 Operating Budget. This position will 34 terminate one year from the date of hire. 35 4 . That estimated revenue from asset forfeiture is 36 increased by $28,000 and $28,000 in estimate revenue from asset 37 forfeiture is hereby appropriated to the Commonwealth's 38 Attorney's FY 2006-07 Operating Budget to pay 50% of the costs 39 of the additional FTE for asset forfeiture. 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia on the day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1J o;J Q. Management Services ,_kw f.K .~~_ City Attorney's Of 'ce CA10134 V:\applications\citylawprod\cycom32\Wpdocs\D030\P001\OO019513.DOC R-3 August 31, 2006 Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washing/on. D.C. 2053j August 25, 2006 Mr. James Spore City of Virginia Beach 2501 James Madison Blvd. Municipal Center Virginia Beach, VA 23456-9120 Dear Mr. Spore: On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of$1 02,1 06 for City of Virginia Beach. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation ofthe terms of this agreement and the award will be subject to tennination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Tahitia M. Baninger, Program Manager at (202) 616-3294; and - Financial Questions, the Office of the Comptroller, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, cO./i-u Domingo S. Herraiz Director, Bureau of Justice Assistance Enclosures CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $101,067 from the U. S. Department of Homeland Security to the Fire Department's FY 2006-07 Operating Budget to Complete Station Alerting in Fire and EMS Stations MEETING DATE: September 12, 2006 . Background: The Department of Justice provides pass-through funding for localities to support local needs related to preparedness and response to weapons of mass destruction events. The Virginia Department of Emergency Management has awarded the City an additional $101,067. There is no City match required for this grant. This supplemental funding is being allocated to the Fire Department's FY 2006-07 Operating Budget to complete the station alerting project that was initiated under a previous Homeland Security grant, but was not completed due to insufficient funding. This remaining allocation will enable Fire and EMS crews to have full alerting capabilities in each of the City's Fire and EMS stations. . Considerations: This funding will provide better capabilities to safely address everyday emergency response and increase the City's preparedness to respond to events involving terrorism or weapons of mass destruction. . Public Information: Public Information will be handled through the normal Council agenda public information process. . Recommendations: Approval. . Attachments: Ordinance and Grant Award Letter Recommended Action: Approval of Ordinance Submitting Department/Agency: Management Services City Manager~ 'K- ,~c!I"t 1 2 3 4 5 AN ORDINANCE TO ACCEPT AND APPROPRIATE $101,067 FROM THE u. S. DEPARTMENT OF HOMELAND SECURITY TO THE FIRE DEPARTMENT'S FY 2006-07 OPERATING BUDGET TO COMPLETE STATION ALERTING IN FIRE AND EMS STATIONS 6 WHEREAS, the City has been awarded pass-through funding 7 from the U. S. Department of Homeland Security to support the 8 response to and coordination of Weapons of Mass Destruction 9 events. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 1. That $101,067 is hereby accepted from the u.S. 13 Department of Homeland Security and appropriated to the Fire 14 Department's FY 2006-07 Operating Budget to finalize station 15 alerting in Fire and EMS stations, with revenue from the federal 16 government increased accordingly; and, 17 2. That James K. Spore, City Manager, or his designee, is 18 hereby authorized to execute for and in behalf of the City of 19 Virginia Beach, a public entity established under the laws of the 20 State of Virginia, this application and to file it in the 21 appropriate State Office for the purpose of obtaining certain 22 Federal financial assistance under the OJP, National Domestic 23 Preparedness Office Grant Program(s), administered by the 24 Commonwealth of Virginia; and 25 3 . That the Virginia Beach City Council, a public entity 26 established under the laws of the Commonwealth of Virginia, 27 hereby authorizes its agent to provide to the Commonwealth and 28 to the Office of Justice Programs (OJP) for all matters 29 pertaining to such Federal financial assistance any and all 30 information pertaining to these Grants as may be requested. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on the day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: 1j~Q. --l(jJ~; ;; (~ft1!{A ~ City Attorney's 0 1ce CA10136 v:\applications\citylawprod\cycorn32\Wpdocs\D030\P001\OOOl9535.DOC R-2 August 30, 2006 MjCHAEL M CLINE State Coordinator COMMONWEALTH of VIRGINIA Department of Emergency Management 10501 Trade Court Richmond, Virginia 23236-3713 (804) 897-6500 ,TOO) 674-2417 FAX {8(4) 897-6506 JANET L CLEMENTS Deputy Coordinator JAMES W. KECK. Deputy Coordinator March 31, 2006 Mr. James K. Spore City Manager Virginia Beach City 2401 Courthouse Drive Virginia Beach, VA 23456 p -- ~ 2006 Dear Mr. Spore: The Virginia Department of Emergency Management (VDEM) is pleased to announce an additional allocation of the 2005 State Homeland Security Program (SHSP), CFDA # 97.067 from the United States Department of Homeland Security (DHS), Office of Grants and Training. The 2005 Grant is designed to provide equipment, training, planning, and exercises for first responders to develop better preparedness to prevent, respond and recover from potential acts of terrorism. DHS intends to guide state and local security and preparedness efforts toward a project-oriented process to address common measurable objectives. VDEM strongly encourages each community to employ regional approaches to planning and preparedness and to adopt regional response structures whenever appropriate to meet the needs identified through the assessments and in the Commonwealth's Homeland Security Strategy. Each of the seven regions in the Commonwealth has been allocated $402,762; which has been divided between the jurisdictions within each region on a per capita basis. Your community has been allocated a total of $101,067.00. This funding must be used according to the requirements specified by DHS. A copy of the directions and guidance provided by the Department of Homeland Security may be found in attachment one (1). You will notice that the Approved Equipment List is in combination with other programs, the SHSP approved equipment is listed ONLY in the first (1~ column. Compliance with the rules and conditions set forth by DHS is mandatory. Under the preparedness enhancement portion of this 2005 grant award. subgrantees are allowed to spend funds in four (4) areas of need in First Responder Preparedness. They are as follows: 1. Equipment Acquisition 2. Training 3. Planning 4. Exercise "Working to Protect People, Property and Our Communities" Mr. Spore March 31, 2006 Page 2 Completion of the Bi-Annual Strategic Report (BSIR) report will also be required until the end of the grant period. In addition to the BSIR, the regular grant application forms must be completed and returned to VDEM by June 1, 2006. Funds will not be released until we have received forms from your locality. With the 2005 Grant, the Commonwealth will only send grant funds to a sub-grantee a maximum of 120 days prior to purchase of allowable expenditures. To accomplish this, VDEM will forward a "Request for Drawdown" form once you have completed your application process. You may request all of your funds at one time, or spread your request out over the grant period up to a maximum of 5 drawdowns. You must use this form for each request and, as you will see, the form is designed to result in your new balance after each drawdown request. You will need to attach a list of what you are planning to purchase to each request. Please note that the form is to be signed each time and mailed to us. Paid invoices for drawdown amounts are due no later than 140 days from the drawdown request date. As with other DHS grants, your locality is required to retain and submit to VDEM a copy of your paid invoices to complete your grant file and be compliant with the grant rules and audit requirements. As soon as a payment is made, please forward your paid invoice copies to VDEM. Taking action right away, we believe, will help minimize confusing one grant for another. You have until Januarv 31. 2007, to obligate your funds under the DHS 2005 State Homeland Security Program. The original paid invoices and receiving reports will reside with your purchasing office with copies provided to VDEM. These reports should be held for at least three years after the end of the grant period and are subject to audit by DHS and/or the Commonwealth of Virginia. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. Attached you will find the Special Conditions document. Please initial the Special Condition paae and submit it with your arant application packaae. I appreciate your prompt attention to this matter. You are encouraged to contact Julian Gilman, Cheryl Adkins, or Joann Maher at (804) 897-6500 for help with this grant or if you need any additional information. Sincerely, m~Jo/c~ Michael M. Cline MMC/JDG/cj Cc: The Honorable Robert P. Crouch. Jr., Assistant to the Governorfor Commonwealth Preparedness The Honorable John W. Marshall, Secretary of Public Safety Ms. Janet Clements, Chief Deputy State Coordinator Mr. James W. Keck, Administrative Deputy State Coordinator Mrs. Linda L. Coleman, Chief Financial Officer Attachments '.Working to Protect People, Propert..r and Our CommUllities" , --:~:~Rh . "" "- CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance to Accept and Appropriate $78,949 in Department of Criminal Justice Services State Grant Funding to Address Growing Caseloads MEETING DATE: September 12, 2006 . Background: The State Department of Criminal Justice Services has awarded the City of Virginia Beach an additional $78,949 for the Comprehensive Community Corrections Act Grant Program. These funds are in addition to the original grant of $866,806, which was included in the approved FY 2006-07 budget. This revised award will provide for an additional Pretrial Probation Officer, equipment, supplies and training to address growing caseloads. . Considerations: Notification of these additional state funds was received subsequent to the City Council's approval of the FY 2006-07 Operating Budget. No additional City funds are required. . Public Information: Public information will be handled through the normal Council agenda process. . Recommendations: Accept and appropriate $78,949 of state funds, and add one FTE to Department of Human Services. This position will be eliminated at the expiration of the grant funds. . Attachments: Ordinance and Revised Statement of Grant Award Recommended Action: Approval Submitting Department/Agency: Human Services City Manage~ \L... ~~ 1 AN ORDINANCE TO ACCEPT AND APPROPRITATE $78,949 IN 2 DEPARTMENT OF CRIMINAL JUSTICE SERVICES STATE 3 GRANT FUNDING TO ADDRESS GROWING CASELOADS 5 WHEREAS, the Department of Criminal Justice Services awarded the 6 Department of Human Services an additional $78,949 in state grant 7 funding to address growing caseloads. 8 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 (1) That $78,949 in state grant funds is hereby accepted from the 11 Department of Criminal Justice Services and appropriated to the FY 12 2006-07 Human Services Operating Budget to address growing caseloads, 13 with state revenue increased accordingly. 14 (2) That one FTE, a Pre-Trial probation Officer I, with fringe 15 benefits, is added to the Department of Human Services for the 16 duration of the grant. 17 Adopted by the Council of the City of Virginia Beach, Virginia, 18 on the day of , 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~.J(.~Lv- City Attorney's 0 1ce COMMONWEALTH of VIRGINIA Leonard G. Cooke Director Department of Criminal Justice Services July 14, 2006 Mr. James K. Spore City Manager City of Virginia Beach 2401 Courthouse Drive Virginia Beach, VA 23456 ;. n ~J U L 1 '.J 2.005 Title: Community Corrections . ;' . ~ ,-.' ,j . i ., ...., .. Dear Mr. Spore: 202 N. Ninth Street Richmond, Virginia 23219 (804) 786-4000 FAX (804) 371-8981 TOO (804) 386-8732 The original grant award information, dated July 10, 2006, has been revised to reflect an increase in the total amount of awarded funds for fiscal year 2007. Enclosed you will find a "revised' Statement of Grant Award. To indicate your acceptance of the award and the special conditions (previously submitted), please sign the award acceptance and return it to Janice Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as some require action on your part before we will disburse grant funds. We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. If you have any questions, please call Paula Harpster at (804) 786-1140. Yours very truly, ~~~},{pd~ Grants Administrator Enclosures cc: Ms. Sharon Jones, Supervisor Ms. Patricia K. Phillips, Finance Director Ms. Paula Harpster, DCJS Criminal Justice Service Board' Committee on Training' Advisory Committee on Juvenile Justice Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Programs Private Security Services Advisory Board' Criminal Justice Information Systems Committee Department of Crimina I Justice Services 202 North 9th Street, 5th Floor, Richmond, VA 23219 Statement of Grant A~ard/Acceptance Subgrantee: Va Beach City Date: July 14, 2006 Grant Period: From: 07/01/2006 Through: 06)30/2007 Grant Number: 07-K6355CC07 Project Director Project Adminis trator Finance Officer Ms. Sharon Jones , Mr. James 1(. Spore Ms. Patricia 1(. Phillips Supervisor City Manager Finance Director City of Virginia Beach City of Virginia Beach City of Virginia Beach 2425 Nimmo Parkway 2401 Courthouse Drive 2401 Courthouse Drive Virginia Beach, VA 23462 Virginia Beach, VA 23456 Virginia Beach, VA 23456 Phone: (757) 385-4689 Phone: (757) 385-4242 Phone: (757) 385-4681 Email: sjjones@Vbgov.com Email: Jspore@vbgov.coIn Email: PPhillips@vbgov.com Grant Award Budget DCJS Funds Budget Categories Federal State Locality Match TOTALS Consultant $0 $0 $0 $0 Equipment $0 $0 $0 $0 Indirect Cost $0 $0 $0 $0 Personnel $0 $0 $0 $0 Supplies/Other $0 $0 $0 $0 Travel $0 $0 $0 $0 Totals $0 $945,755 $0 $945,755 This grant is subject to all rules, regulations, and criteria included in the grant guidelines and the special conditions attached thereto. l n (J ~~b. ~ Leonard G. Cooke, Director The undersigned, having received the Statement of Grant A ward! Acceptance and the Conditions attached thereto, does hereby accept this grant and agree to the conditions pertaining thereto, this day of , 20 /L_ .) 1 ~..JL ;,;('1 it/cLot! 1) Zf../lLtd~rn1 n ". (~ . (J r-' - no r lu i2f- () -;- 0+ a -+~ Signature: Title: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the City's 2007 Community Legislative Agenda Including Amendments to the City Charter and Requesting Members of the City's Local Delegation to the General Assembly to Sponsor and/or Support Legislation that Would Carry Out the Goals and Objectives Set Forth Therein MEETING DATE: September 12,2006 . Background: City Council has a tradition of presenting a Community Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach Delegation with concerns of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. . Considerations: This Agenda was prepared based on input from Council members, Department Directors, community leaders, and representatives from various citizen groups. . Public Information: Councilmembers Wilson and Villanueva, with help from staff, held two informal public meetings in September 2006 with community leaders and representatives of various citizen groups to obtain items for inclusion in the 2007 Community Legislative Agenda. A public hearing on the Agenda was held on Tuesday, September 5, 2006 in Council chambers, during which several speakers spoke in opposition to the inclusion of the bifurcated tax rate proposal (non-funding item #1). An additional public hearing on the proposed charter amendments has been advertised and will be held on September 12. . Recommendations: It is recommended that City Council approve the attached resolution that adopts the 2007 Community Legislative Agenda, including the three proposed amendments to the City's Charter, and that requests the City's local Delegation to the General Assembly to sponsor and/or support legislation that would carry out the goals and objectives set forth therein. . Attachments: (1) Resolution (2) 2007 Community Legislative Agenda Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: ~ C</~ # Jlcf' 1 2 3 4 5 6 7 8 9 10 11 A RESOLUTION ADOPTING THE CITY'S 2007 COMMUNITY LEGISLATIVE AGENDA, WHICH INCLUDES PROPOSED CITY CHARTER AMENDMENTS, AND REQUESTING THAT THE CITY'S LOCAL DELEGATION TO THE GENERAL ASSEMBLY SPONSOR AND/OR SUPPORT LEGISLATION THAT WOULD CARRY OUT THE GOALS AND OBJECTIVES SET FORTH THEREIN WHEREAS, the City Council traditionally adopts a Community 12 Legislative Agenda and requests member of the City's local 13 Delegation to the General Assembly sponsor and/or support 14 legislation therein; and 15 WHEREAS, the City Council has considered a number of goals 16 and objectives for inclusion in the city's 2007 Community 17 Legislative Agenda; and 18 WHEREAS, the 2007 Community Legislative Agenda includes 19 proposed amendments to the City Charter, and such amendments 20 were the subject of a properly advertised public hearing; 21 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That the City Council hereby adopts the City's 2007 24 Community Legislative Agenda, which is attached hereto and is 25 hereby incorporated by reference. 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That the City's Delegation to the General Assembly is 29 hereby requested to sponsor and/or support legislation in the 30 2007 Session of the General Assembly that would carry out the 31 goals and obj ecti ves of the City as set forth in its Community 32 Legislative Agenda. 33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 That the City Clerk is hereby directed to transmit a copy 36 of this resolution to each member of the City's local Delegation 37 to the General Assembly, along with a publisher's affidavit 38 showing that the public hearing for the proposed charter 39 amendments was advertised and a certified copy of the minutes 40 from today's meeting that reflects the action taken during the 41 advertised public hearing. 42 Adopted by the City Council of the City of Virginia Beach, 43 Virginia, this day of , 2006. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ City Attorney's Office CA10142 v:\applications\citylawprod\cycom32\Wpdocs\0030\P001\00019557.DOC R-3 September 6, 2006 COMMUNIIT LE6ISLATnlR AGENDA GENERAL AsSEMBLY'SEssION 200-7 CITY OF Yi06/NIA BEACH BUILOlNB I~ COMMUNITYFOO A LIFETIME" MUNICIPAL CENTER BUILDING ONE 2401 COURTHOUSE DRIVE, SUITE 234 VIRGINIA BEACH, VIRGINIA 23456 Draft 9/5/06 - 5:00 p.m. Provided to City Council for Public Comment 2007 COMMUNITY LEGISLATIVE AGENDA CITY OF VIRGINIA BEACH TABLE OF CONTENTS TABLE OF CONTENTS - PREFACE- CHARTER CHANGES - 1. Abandoned Retail Establishments 2. City Council and School Board Elections 3. Photo Red Light Enforcement CITY OF VIRGINIA BEACH NON-FUNDING ITEMS - 1. Bifurcated Tax Rate 2. Confidentiality of Juvenile Justice Records - Gang Activity 3. Civil Penalties for Fire Code Violations 4. Child Endangerment from Illegal Fireworks 5. Transfer of Property for Laskin Road Improvement Project 6. Loss of Medicaid Eligibility for Teens in Foster Care with Earned Income 7. Medicaid Coverage for Out of State Residential Placements Review of Applications for State or Federal Funds or Services Used in 8. Substance Abuse Programs 9 . Workforce Housing - Amendment to Virginia Code Section 15.2-2304 10. Recommendation for JLARC to Do a Comprehensive Study ofVRS Benefits 11. Better Reporting ofVRS Actuarial Data to Localities 12. Unclaimed Property Program 13. Patrol and Enforcement of Federal Safety and Restricted Zones 14. Carrying a Concealed Weapon 15. Background Investigations of Law Enforcement Applicants 16. Required Crash Reports 17. Pawn Shop, Records and Property 18. Definitions of "Criminal Street Gang" and "Predicate Criminal Act" 19. Endorsement of Governor Kaine's Enhancing Opportunities for Small, Women and Minority Owned Businesses 20. Downsizing of State Facilities for Mental Health and Mental Retardation 21. Tax Relief for Senior Citizens - Constitutional Amendment 22. Creation of State Insurance "Wind Pool" Page 1 Page # 1-2 3-4 5-7 5 5-7 7 8-21 8 8-9 9-10 1 0-11 11 12 12-13 13 14 14-15 15 15-16 16 16 17 17 17-18 18-19 19 19-20 20 21 9/5/2006 CITY OF VIRGINIA BEACH FUNDING ISSUES - 1. Group Home Beds in the Locality for Youth Needing Out of Home Placement 2. CSA Administrative Allocation 3. Support for Additional State General Fund Dollars for Mental Health Programs 4. Funding for the Virginia Beach Juvenile Detention Center 5. State Aid to Virginia Public Libraries 6. Info-Powering the Commonwealth 7. Virginia Beach and TCC Lifelong Learning Center 8. Sheriffs Work Release Facility 9. Transportation 10. Virginia Aquarium, Marine Science Center Marine Animal Research & Conservation Initiatives 11. Virginia Beach Convention Center Funding 12. Contemporary Art Center of Virginia Funding 13. The Sandler Center for the Performing Arts Funding COMMUNITY GROUP INpUT - 1. City Council's Support on a Referendum on Increases to the Meals Tax 2. Increase in Medicaid Funding 3. Proportionate Share of Any New Taxes 4. Pedestrian Friendly Legislation 5. 211 Service 6. Photo Red Light Enforcement 7. Fire Protection for Hampton Roads Harbor 8. Proposal for Density Credits to be Used as an Incentive to Get Work Force Housing 9. Adequate/Additional Funding to Increase ABC Inspections 10. Adequate Public Safety Funding, Including the State's Support for Sheriffs 11. Waste Water-Funding Aid to Localities to Improve Water Quality 12. Sexual Predators Legislation 13. Adequate Funding for Mental Health and Substance Abuse Services Page 2 Page # 22-30 22 23 23-24 24 24 25 25-26 26-27 27-28 28-29 29-30 30-31 31-32 33-34 33 33 33 33 33 33 33 33 33 34 34 34 34 9/5/2006 2007 COMMUNITY LEGISLATIVE AGENDA CITY OF VIRGINIA BEACH PREFACE The 2007 General Assembly Session will be a very important Session for local governments and the Commonwealth at large. Although the General Assembly was able, after much consternation, to adopt a budget for the biennium, there still remains much to be done on the budget and other issues during the 2007 Session. Recently, for instance, localities were made aware of the miscalculation in the amount money that would be available for school systems due to an error in accounting of sales tax revenue to local governments and the Commonwealth. Although the General Assembly has pledged to make localities "whole" for the first year of the biennium (including the $6 million loss that would have accrued to the school system in Virginia Beach) they have not been as forthcoming about making the school systems whole in the second year of the biennium where the City estimates it would cost the City $8 million. This should be priority number one for the Commonwealth when the 2007 Session begins. Although the sky rocketing real estate assessments in the past several years have certainly moderated, especially in Northern Virginia where according to newspaper accounts the next increases will be less than 3%, there will still likely be pressure on the General Assembly to limit local government taxation powers. The City of Virginia Beach, as well as most local governments throughout Hampton Roads, remains ardently opposed to such a limitation. The City reduced the real estate tax rate by $1.22 to $0.99 since 2005, thereby reducing the yield of the real estate tax by $103 million. As was stated in the 2006 Community Legislative Agenda, "City Council does not need the assistance of the General Assembly to set property tax rates, to allow homestead exemptions or to cap assessment increases. City Council responds to its citizens and their concerns." As has been stated in the Community Legislative Agenda many times, if the General Assembly fully funded the true cost of state mandated government functions, such as education, courts, corrections, mental health and social services, then local governments could reduce the real estate burden markedly. For instance, in the City of Virginia Beach we currently put over $161.4 million into education above and beyond what is required by the Standards of Quality. This equals approximately $0.29 on our real estate tax rate. Although the General Assembly calls this local aspirations, our citizens and the parents of children in our school system demand a quality educational experience with high- standardized test scores to meet the Standards of Learning (SOL). If the General Assembly fully funded the true cost of education for instance, this would allow the City the option to reduce the real estate tax rate by $0.29 in FY 2008. Another example is that City Council is required to match the salaries of every deputy in the Sheriffs department and pay the total salaries of 55 deputies. This is so that our Sheriff, Page 3 9/5/2006 a state official, can successfully recruit and reclaim deputies who provide a much-needed public safety service. Again as mentioned in last year's Community Legislative Agenda, the State should fully fund State services before it considers limiting the localities ability to provide the necessary funding to keep State services in satisfactory operation. The General Assembly also failed during the 2006 Session to address the under funding of the car tax relief program. When the car tax was capped during the 2004 General Assembly session there was approximately $270 million of under funding in car tax reimbursements to localities. This means that localities like Virginia Beach, who are so- called "spring billers", are reimbursed from the following fiscal year, instead of the year in which the year the car tax relief is provided. The General Assembly should fix this budget inaccuracy immediately. Localities would not be allowed to pay for current fiscal year liabilities with future fiscal years revenue. Finally, the General Assembly has not addressed the transportation issue, although a Special Session of the General Assembly may happen before the start of the 2007 Regular Session - it still remains highly likely that this action will leave transportation woefully under funded. As the City has repeatedly expressed, a statewide transportation revenue shortfall of close to $1 billion per year exists. Unless this is addressed soon the City will see even more pronounced cutbacks in the amount of urban allocation funds available to the City, for roads such as Nimmo Pkwy, Princess Anne Road, Witchduck Road Interchange, Witchduck Road improvements, Lynnhaven Parkway improvements, Shore Drive improvements, etc. Furthermore, the General Assembly will likely inadequately address the needs identified by the Metropolitan Planning Organization (MPO). There is still $275 million in long-term revenues needed in the region as well as the ability to toll both new and existing parallel facilities. The General Assembly also needs not to interpose its will in the Federal mandated MPO process. Prioritizing Route 460 for instance, as a higher priority than 1-64 on the Southside, makes little sense. Allowing travelers to utilize an improved Route 460 to then be stuck on four lanes of a very congested highway along 1-64 in Chesapeake is counter intuitive and makes little sense. This is also true if a new Southeastern Parkway and Greenbelt was constructed and then to be hamstrung by an unimproved 1-64 in Chesapeake. Finally, transportation funding should not be done at the cost of funding other State services. New revenues need to be found for transportation rather than stealing from under funded services as mentioned above, such as, education, public health, corrections, etc. Page 4 9/5/2006 CITY OF VIRGINIA BEACH 2007 CHARTER CHANGES 1. SCREENING ABANDONED ESTABLISHMENTS - CHARTER CHANGE Andy Friedman Department Director Housing and Neighborhood Preservation Background Information: There are numerous abandoned retail and commercial properties on main intersections in Virginia Beach. These abandoned structures become blighted and require continuous attention from Code Enforcement for Code violations. The utilization of "spot blight" procedures against these properties is too limited, requiring acquisition as the final, expensive and time consuming, option. Request: The General Assembly is requested to amend the charter to authorize the City to require the addition of landscape screening for retail and commercial properties that have been abandoned for three (3) years or more in certain designated areas of the city. 2. CITY COUNCIL AND SCHOOL BOARD ELECTIONS - CHARTER CHANGE Les Lilley City Attorney City of Virginia Beach Background Information: On June 27, 2006, City Council adopted an ordinance that amended City Code S 2-15 to provide that City Council and School Board elections shall take place during the general election in November 2008 and during the November general election in even years thereafter. This ordinance was adopted pursuant to Virginia Code S 24.2-222.1. Pursuant to that section, Council Members whose term of office expires on June 30 shall continue in office until their successors take office on January 1. Request: Although the City Code has been amended to provide for November elections, the City Charter references May elections. The General Assembly should amend the City's Charter as follows: Page 5 9/5/2006 Sec. 3.02:1. Election of Council Members. There shall be a general eh~ction OR the first Tuesday in May in eyen numbered years for the electioR of councilmembers to replace those v:hose terms expire at the end of JUR@ of that year. Pursuant to an ordinance adopted by City Council on June 27, 2006, City Council elections shall take place during the general election in November 2008, and during the November general election in even years thereafter, for councilmembers whose terms expire at the end of December of that year. Councilmembers, including the mayor, whose terms expire as of June 30, 2008 or June 30, 2010 shall continue in office until their successors have been elected at the November election and take office on January 1. The term of office for each councilmember shall commence on July January 1 next following the date of election . and shall continue until his successor has been duly elected and qualified. Each candidate shall state, at the time of filing, whether he is running at-large, from the district of his residence or for mayor. Candidates for council shall be nominated only by petition in the manner prescribed by general law . Sec. 3.02:2. Election of mayor. The mayor shall be elected at the general election on the first Tu@sday in May 1988 in November 2008, and each fourth year thereafter, to serve for a term of four years. Candidates for mayor shall run for one of the at-large seats. A candidate running for mayor shall not run for any other seat. In the event any councilman, including the mayor, shall decide during his term of office to be a candidate for mayor, he shall tender his resignation as a councilman not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on June 30 December 31, shall constitute the councilman's intention to run for mayor, shall require no formal acceptance by the remaining couRcilmen councilmembers and shall be final and irrevocable when tendered. The unexpired portion of the term of any couRcilman councilmember who has resigned to run for mayor shall be filled at the same general election. Sec. 16.04. Election of the board. A. .At tH@ g@Reral @1@ctioR held in May of 1991, the qualified voters of the city shall @l@ct OR@ board m@m.b@r from @ach of the boroughs of Baysid@, K@mp&'/ill@, Lyrmhaven, aed Pungo for terms of four years, and 1\'/0 at large members for terms of four years. .\t the general electioR held in May of 1996, the qualified voters of the city shall elect one board member from each of the boroughs of BlaclcNater, Princess "^~nne, and Virginia Beach for terms of1\vo years, and 1\'0'0 at large members for terms of f-our years. Beginning '}lith the gem~ral @lectioR held in May of 1998, a All board members shall be elected in the same manner and according to the same schedule that councilmembers are elected. Thereafter, all board members shall be @l€cted~ for terms of four years. Beginning in 1998, and Page 6 9/5/2006 every two years thereafter, there shall be a g@l'l@ral election il'l May f-or the election of board members to replae@ those '.'"hos@ terms @xpir@_ at the end of Jun@ of a given @l@ction year. The term of office for each elected board member shall commence on the first day of ~ January next following the date of election and shall continue until a successor has been duly elected and qualified. Pursuant to an ordinance adopted by City Council on June 27. 2006. board members whose terms expire as of June 30. 2008 or June 30. 2010 shall continue in office until their successors have been elected at the November election and take office on January 1. Each candidate shall state at the time of filing whether he is running at large or from the borough of his residence. B. Each of the eleven elected board members shall be elected by the voters of the city at large. 3. PHOTO RED LIGHT ENFORCEMENT - CHARTER CHANGE Virginia Beach Police Department Background Information: Red light running, which is defined as the act of a motorist entering an intersection after the traffic signal has turned red, caused almost 5,000 crashes in Virginia in 2003, resulting in at least 18 deaths and more than 3,800 injuries. (VDOT, 2004) Annually, the costs incurred by the City of Virginia Beach are over 2.5 million dollars in societal damages. Red light cameras can reduce crashes. Fairfax, VA had a 41 % reduction of red light related violations and crashes after the first year of implementation (National Cooperative Highway Research Program). The City of Virginia Beach's photo enforcement program titled PHOTOSafe Virginia Beach showed similar results. Over 80% of the City of Virginia Beach's residents indicated that they were in favor of the Photo Red Light Enforcement Program as indicated in a statically valid poll. Request: The General Assembly is requested to amend the charter of Virginia Beach to allow a Photo Red Light Enforcement Program in the City. This program would include all the safe guards built into the enabling legislation proposed in the 2006 Session. Page 7 9/5/2006 CITY OF VIRGINIA BEACH 2007 NON-FuNDING ITEMS 1. BIFURCATED TAX RATE Rosemary Wilson City Council Member City of Virginia Beach Background Information: Under current Virginia law, localities must tax business, commercial and residential property under the same rate structure. Residential property if Virginia Beach carries a disproportionate burden of the taxes paid; however, any relief on the tax burden given through a rate reduction means the same rate reduction is given to business and commercial property. In order to moderate tax assessments, the City Council desires to have bifurcated rates for business/commercial and residential. Request: The General Assembly is requested to adopt legislation allowing localities to have a bifurcated rate, i.e. charge one rate for business/commercial and a separate rate for residential properties. If a Constitutional Amendment is necessary to effectuate this change, the General Assembly is requested to commence that process during this Session. 2. CONFIDENTIALITY OF JUVENILE JUSTICE RECORDS - GANG ACTIVITY Police Department Human Services Department Background Information: Virginia Code S 16.1-300.A.6 requires law enforcement officers, school officials, and probation officers that have a legitimate interest in a juvenile case to obtain a court order before being allowed access to the social, medical, psychiatric and psychological reports and records of children who are or have been: before a court, under court supervision, receiving services from a court service unit, or committed to the Department of Juvenile Justice. A court order is not required for several other officials and agencies that have legitimate interests in a juvenile case. Instead, the law provides strict parameters around the circumstances under which such information may be released to those individuals. Law enforcement officers, school officials, probation officers, and juvenile courts need to be able to immediately share information during the investigation of criminal gang Page 8 9/5/2006 activity. Obtaining court orders every time infonnation is needed is cumbersome and time-consuming and could impair time-sensitive gang-related investigations. Request: The General Assembly is requested to amend the State Code to allow law enforcement officers, probation officers, and school officials' access to juvenile court records when such officials are conducting an investigation into gang activity involving a specific juvenile. 3. CIVIL PENALTIES FOR FIRE CODE VIOLA nONS Chief Greg Cade Fire Department Background Information: The Virginia Statewide Fire Prevention Code (SFPC) provides for the use of summonses for fire code violations when the Fire Official is trained in accordance with the Code of Virginia (S 27-34.2). Violations ofthe SFPC are Class I misdemeanors (s 27-100). Many businesses that become repeat offenders of the Fire Code rotate managers or responsible parties so that when a violation is caught the summons goes to a different person each time. When a magistrate summons is issued to a legal officer of the business the resulting defense is one of denial of responsibility because they were not on site. Summonsing the manager or responsible person who is on site results in a defense that they were acting as directed or that they had no knowledge of the occurrence of the violation of the ability to control the violation. This results in the Fire Official having to issue multiple summonses and or subpoenas to get all of the parties before the judge to sort out responsibility. In many cases since the responsible party is not brought into court they see this as a cost of doing business. This is a burden on the court system and on municipal resources. These cases usually result in multiple continuances with adjudication for a single offense sometimes exceeding eight to twelve months. Request: The General Assembly is requested to provide for civil penalties within the Virginia Statewide Fire Prevention Code (SFPC). The proposal would provide the option for localities that enforce the SFPC to establish a civil penalty process and fee schedule if they elect to use civil penalties. The maximum penalty per violation should be capped at $2500, the maximum fine for a Class I misdemeanor. Civil penalties that could be levied against the business would provide for a greater incentive for the business to comply with the Fire Code. The defendant would be provided due process using the appeals process provided within the Fire Code. The civil penalty, when levied against a business, results in bringing the responsible party forward Page 9 9/5/2006 to either defend the business or pay the penalty. The civil penalty unveils the true responsible party. SAMPLE CIVIL PENALTY SCHEDULE 1 st violation $500 2nd violation within 12 calendar months $1000 3rd violation within 12 calendar months $2000 4th and subsequent violations within 12 calendar months $2500 · A jurisdiction would be required to adopt a fee schedule using the ordinance process . All collections of fees would be within the existing framework of tax collection within the jurisdiction . No business or individual could be subjected to a civil penalty and a summons for the same offense . Fees collected would go to the local Fire Official to support enforcement activities Civil penalties provides for an alternative method to address violations of the SFPC and in many instances will eliminate salaried workers from being either charged with a violation of the SFPC or being subpoenaed to court for being in the wrong place at the wrong time. Civil penalties reduce the burden on an already overwhelmed judicial system. A civil penalty would provide for a more timely resolve to violations making it less attractive to violate the Code and then manipulate the system while continuing to do business in the same unlawful manner. Civil penalties would, hopefully, result in a safer Commonwealth for our citizens and visitors. 4. CHILD ENDANGERMENT FROM ILLEGAL FIREWORKS Chief Greg Cade Fire Department Background Information: Fireworks are strictly regulated in the Code of Virginia and the Virginia Statewide fire Prevention Code. The City of Virginia Beach strengthens the Code, declaring all fireworks illegal for use, sale or storage. Fireworks have become an increasing problem in the city on major holidays, such as Memorial Day and Independence Day. The quantity and quality of fireworks has continued to increase with professional quality fireworks being made available to consumers through out-of-state purchases and over the Internet. These fireworks pose a considerable hazard to both life and property. In many instances adults and fall into the hands of children obtain these fireworks. The fireworks problem out paces all enforcement efforts and the problem continues to increase every year. This year there were a number of children treated in emergency facilities across the city as a result of fireworks injuries. Page 10 9/5/2006 Request: The General Assembly is requested to enact mandatory reporting by all emergency medical facilities and Emergency Medical Technicians for all juvenile fireworks injuries. Reports should be filed with Child Protective Services (CPS) with the requirement that CPS forward the information to the local Fire and Police Official for further investigation. The investigation findings would be shared with CPS, and as a joint effort between Law Enforcement, Fire and CPS, each incident would be addresses. The intent of the investigation is to seek out parents who knowingly" allow a child to utilize fireworks. The investigation would also help reveal where some of these more dangerous fireworks are coming from with the hope that additional enforcement actions could limit the influx of illegal fireworks into Virginia or may support increasing the penalty to a felony for selling fireworks. The felony charge would allow offenders to be brought to justice when out of state. 5. TRANSFER OF PROPERTY FOR LASKIN ROAD IMPROVEMENT PROJECT James K. Spore City Manager City of Virginia Beach Background Information: In the course of designing the Laskin Road Improvement Project east of Birdneck Rd, the City has identified several parcels of land that seem to be owned by the Commonwealth of Virginia. Under existing State law, the State can transfer property through sale or otherwise to localities without General Assembly (GA) approval. The exception to the law is if the property is sub aqueous bottom (basically land below the high water mark) specific legislation needs to be adopted by the GA. There is some doubt as to whether the property needed for the Laskin Road project is indeed sub aqueous bottom. Request: This item is a placed holder for a request for the GA to authorize the sale of sub aqueous bottom needed for the Laskin Road Improvement Project. Such legislation will only be necessary if continued investigation, by both the Commonwealth and the City, determines that the property in question is indeed sub aqueous bottom. Otherwise, the State may transfer the property through sale or otherwise to the City without GA action. Page 11 9/5/2006 6. Loss OF MEDICAID ELIGIBILITY FOR TEENS IN FOSTER CARE WITH EARNED INCOME Terry Jenkins Department Director Human Services Background information: Under current Virginia law, the local Department of Social Services must discontinue Medicaid to a foster care child between the ages of 19 and 21, if the foster child earns more than $193.74 in gross income per month. These foster children need to have the benefit of Medicaid to cover the cost of their medical expenses, and they also need to have the opportunity to earn income beyond the current limitations. This law appears to be in direct conflict with the independent living program for foster children. The independent living program was designed to assist children in foster care aged 16-21 in becoming self-sufficient. Achieving the goal of self-sufficiency must include the opportunity for youth to earn income that will prepare them for survival in an independent living situation. Request: The General Assembly is requested to direct the Department of Medical Assistance Services to adopt regulations amending title 32.1 of the Code of Virginia to allow foster children between the ages of 19-21 to be exempt from the income limitation, thus allowing them to remain eligible for Medicaid. This would give older foster children the opportunity to earn the income necessary to achieve the goal of self-sufficiency. 7. MEDICAID COVERAGE FOR OUT OF STATE RESIDENTIAL PLACEMENTS Terry Jenkins Department Director Human Services Background Information: Due to the severity of illness and level of need for many CSA youth needing out of home placement, we are forced to seek residential treatment outside of the state of Virginia. While these children have Medicaid coverage, it is quite difficult to access coverage for these out of state services. Costs for out of state placement frequently exceed $130,000 per year. Medicaid policy states "If a child requires this level of service that is not available in Virginia, an out of state provider may enroll for a specific child for the duration of that admission." The time it takes to go through this child specific enrollment process does not take into account the need for emergency placement, and can take several weeks to authorize. If the locality, in the best interest of the child, proceeds with Page 12 9/5/2006 the placement without preauthorization, they run the risk of having to cover the cost of this stay, despite the fact that the child has Medicaid since there is no guarantee that Medicaid will authorize temporary provider status. This past fiscal year, Medicaid had a freeze on approving out of state providers which further complicated placement issues. Request: The General Assembly is requested to direct the Department of Medical Assistance Services to utilize the same authorization process as is currently used for in -state residential placements for out- of- state placements, provided the locality can assure that there are no willing in-state providers for needed services. 8. REVIEW OF APPLICA nONS FOR STATE OR FEDERAL FUNDS OR SERVICES USED IN SUBSTANCE ABUSE PROGRAMS Terry Jenkins Department Director Human Services and Community Groups Background Information: In 37.2-311 of the Code of Virginia, states that no state agency that is authorized to issue final approval or disapproval of, or to make a final review and comment on any application for state or federal funds that are to be used in a substance abuse program shall take final action on an application until it is reviewed and commended on by the Department of Mental Health Mental Retardation and Substance Abuse Services (DMHMRSAS). It further states that every applicant for any federal or state funds to be used in connection with any substance abuse program shall submit a copy of the application for review and comment. Req uest: The General Assembly is requested to amend 37.2-311 of the Code of Virginia to indicate that this provision does not apply to federal government applications made by local governments. Page 13 9/5/2006 9. WORKFORCE HOUSING - AMENDMENT TO VIRGINIA CODE SECTION 15.2-2304 Andy Friedman Department Director Housing and Neighborhood Preservation and Community Groups Background Infornwtion: The Virginia Code currently contains two enabling statutes regarding workforce housing. One statute, Va. Code SI5.2-2304, confers upon the localities to which it applies (those with the urban county executive form of government, Albemarle and Loudon Counties and the City of Alexandria), very general authority to adopt zoning ordinances that provide for an affordable dwelling unit (i.e., workforce housing) program. The other statute, Va. Code SI5.2-2305, applies to all other localities including Virginia Beach. It contains numerous limitations upon local workforce housing programs, thereby limiting the City's flexibility in designing and implementing such a program in Virginia beach. Based on work currently underway by the Workforce Housing Subcommittee of the Planning Commission, the ideas being discussed would not be feasible under S15.2-2305. Although there is no guarantee that these ideas will be adopted by City Council, it is important to have the option available if Council wishes to adopt them. Request: The General Assembly is requested to Amend Virginia Code S15.2-2304 to add Virginia Beach to the localities that are included within the statute. In addressing the City's workforce housing concerns, the City would greatly benefit from having broader latitude in adopting a workforce-housing program than is allowed under existing law. 10. RECOMMENDATION FOR JLARC To Do A COMPREHENSIVE STUDY OF VRS BENEFITS Patti Phillips Department Director Finance Background Information: The Virginia Retirement System has been in place since the 1950s and may not fit the needs of today's workforce. Therefore, we recommend that a thorough examination of retirement benefits be conducted. Page 14 9/5/2006 Request: JLARC is directed to conduct a comprehensive study ofVRS benefits to include a review of law enforcement benefits, disability provisions, return-to-work, and defined contribution retirement plans, especially as they relate to attracting and retaining a quality workforce. 11. BETTER REpORTING OF VRS ACTUARIAL DATA TO LOCALITIES Patti Phil/ips Department Director Finance Background Information: Each locality in VRS receives an annual actuarial evaluation in a standard format. The actuarial evaluation is based on locality specific data, but much of it is not included in the report. This makes it very difficult for a locality to understand the retirement cost of the different classes of covered employees (such as general employees and public safety employees) and the specific assumptions for a locality that are driving its costs (such as job-related disability retirements). A recent study by JLARC concluded that is essential that VRS provide more information to localities and the City of Chesapeake is expressing the same concern. Request: The City of Virginia Beach supports a legislative directive to the Virginia Retirement System to provide local governments with expanded information on VRS costs. 12. UNCLAIMED PROPERTY PROGRAM Patti Phillips Department Director Finance Background Information: Currently all property presumed abandoned must be reported and remitted to the State Treasurer. This includes all outstanding checks and refunds. The City desires to establish a minimum threshold for reporting escheat and for remitting escheat funds to the State. We are proposing that accounts equal to or less than $15 would not be reported or remitted to the State. This change would save Virginia Beach from reporting over 70% of our escheat accounts, yet only represents about 13% or $8500 of the total dollars remitted. Page 15 9/5/2006 Request: The General Assembly is requested to amend the Code of Virginia to exempt from the requirement to report and remit to the State Treasurer escheat funds of $15 or less. 13. PATROL AND ENFORCEMENT OF FEDERAL SAFETY AND RESTRICTED ZONES Police Department Background Information: The U.S. Coast Guard, under the authority granted in 46 U.S.c. ~70119, has expressed a desire for the Virginia Beach Police Department Marine Patrol to have the ability to enforce safety and restricted security zones. However, state law grants that authority only to the Virginia Marine Police. The Virginia Beach Police Department has a full- time Marine Patrol. In order to better assist the U.S. Coast Guard as vessels pass through the local jurisdiction, the authority to enforce maritime laws and regulations should be extended to the Virginia Beach Police Department Marine Patrol Request: The General Assembly is requested to extend enforcement powers to members of local marine patrol units within their jurisdictional boundaries. 14. CARRYING A CONCEALED WEAPON Police Department Background Information: There is no law prohibiting a person from carrying an otherwise legal concealed weapon when that person is in the possession of an illegal drug. In the interest of public safety and that of law enforcement, a law should be enacted that would prohibit such posseSSIOn. Request: The General Assembly is requested to prohibit the possession of a concealed weapon while in the possession of an illegal drug. Page 16 9/5/2006 15. BACKGROUND INvESTIGATIONS OF LAW ENFORCEMENT APPLJCANTS Police Department Background Information: Applicants for law enforcement positions are subject to stringent background investigations prior to employment. Due to the nature of law enforcement and the responsibilities that are associated with it, the public must know that law enforcement administrators have done everything possible to screen potential employees. Unfortunately, current state law prevents the examination of criminal records that were adjudicated when the applicant was a minor. Request: The General Assembly is requested to authorize access of juvenile criminal records to law enforcement officers conducting background checks on law enforcement officer candidates. 16. REQUIRED CRASH REpORTS Police Department Background Informailon: State law requires that an accident report be filed if the total damage to all involved vehicles exceeds $1000. That trigger amount was set approximately 10 years ago and is much too low based on current cost to repair vehicles. Raising the amount to $2500 would greatly reduce the amount of paperwork necessary at minor accident scenes, reduce the burden on the courts in their attempt to determine fault, and reduce the time officers spend investigating minor accidents. Req uest: The General Assembly is requested to amend Virginia Code S 46.2-373 by increasing the dollar amount that triggers the filing of a mandatory accident report from $1000 to $2500. 17. PAWN SHOP, RECORDS AND PROPERTY Police Department Background Informailon: All pawnbrokers are required to keep records of each loan or transaction made in the course of business. Although state law requires that specific types of information be Page 17 9/5/2006 collected, it does not currently require the seller to provide a thumbprint. Additionally, the code does not currently authorize the law enforcement agency that provides oversight of the pawn establishment to mandate the format of such reports. A law requiring a person pawning an item to a pawnshop to provide a legible right thumb print at the time of the transaction will enable law enforcement officers to better identifY persons selling or trading stolen merchandise. Additionally, authorizing a local law enforcement agency charged with oversight of pawn shops to designate the format of the required reports will reduce the time and effort expended updating this information in the agency's computer system. Request: The General Assembly is requested to amend Virginia Code S 54.1-4009 to authorize local law enforcement agencies to mandate the format of the required reports and to require persons pawning items to provide a legible right thumbprint. 18. DEFINITIONS OF "CRIMINAL STREET GANG" AND "PREDICATE CRIMINAL ACT" Police Department Background Information: A. The current state law definition of "criminal street gang" requires the identification of at least one act of felony violence be attributed to the group. Once a group can be classified as a "criminal street gang," law enforcement can gain access to otherwise confidential information on the gang's members. Gang members are younger and younger. While many informally organized groups of young people have not yet committed a felony act of violence, their destructive and unlawful conduct warrants the on-going attention of law enforcement. Amending the definition of "criminal street gang" by removing the act of felony violence requirement will allow law enforcement access to otherwise confidential juvenile records that will enhance their efforts to thwart the escalating gang activities of these younger groups. B. State law provides that a member of a gang who commits a "predicate criminal act" is guilty of a felony separate and in addition to the underlying predicate act. The current definition of "predicate criminal act" lists the limited offenses that constitute such an act. The definition of "predicate criminal act" needs to include any and all felony offenses involving a firearm or other weapon. Page 18 9/5/2006 Request: The General Assembly is requested to: . Amend the definition of "criminal street gang" found at Virginia Code S 18.2- 46.1 to remove the requirement that the group's members must have committed a felony act of violence in order for the group to be classified as a "criminal street gang." . Amend the definition of "predicate criminal act" found at Virginia Code 9 18.2- 46.2 to include all felony acts involving the use of a firearm or weapon. 19. ENDORSEMENT OF GOVERNOR KAINE'S ENHANCING OPPORTUNITIES FOR SMALL, WOMEN AND MINORITY OWNED BUSINESSES Council Member Villanueva Virginia Beach City Council Background Information: Govemor Kaine has stated that it is "imperative that the Commonwealth of Virginia maximize the participation of its citizens in the vast array of commercial opportunities in state government. The Commonwealth historical record in buying goods and services from small, women and minority owned businesses must be improved." City Council is fully in support of this initiative. Request: The General Assembly is requested to support Governor Kaine's effort to increase the participation of small, women and minority owned businesses in the State's contracting and purchasing processes. The goal is that 40% of the purchase be made from small 20. DOWNSIZING OF STATE FACILITIES FOR MENTAL HEALTH AND MENTAL RETARDATION Terry Jenkins Director of Human Services Background Information: Two facilities in HPR V are slated to be replaced with smaller facilities over the next two biennia. Eastern State Hospital in Williamsburg will be replaced with a 150 bed Adult Facility (a loss of approximately 110 beds), and Southeastern Virginia Training Center in Chesapeake will be replaced with a lOa-bed facility (a loss of 100 beds). While there are plans to provide funds to localities to develop additional services to serve individuals Page 19 9/5/2006 who will be coming out of these facilities, it is not clear whether the funds will be sufficient to develop the level of services needed to meet their needs. Addressing existing community waiting lists must also be a priority in the expansion of community services. Senator Stolle and his staff convened a meeting in Virginia Beach on August 14, 2006 to address several concerns about the downsizing of these facilities and the impact this may have on other systems such as public safety and local and regional jails. It was determined, in part as a result of this meeting that a number of issues must be considered in determining the correct number of state psychiatric and state training center beds needed for the region. Request: The Virginia Beach City Council is requested to propose that a study resolution be completed General Assembly to determine the appropriate number of state psychiatric and state training center beds needed before state facilities are rebuilt at a smaller capacity . 21. TAX RELIEF FOR SENIOR CITIZENS - CONSTITUTIONAL AMENDMENT Council Member Ron Villanueva City of Virginia Beach Background Information: The Virginia Beach City Council established a task force to examine the possibility of providing additional tax relief to elderly Virginia Beach residents. The task force published a report, in late 2003. The task force made three recommendations to change the existing state code as well as an amendment to the Virginia Constitution. Request: The General Assembly is requested to amend the state constitution to allow for a local option non-means tested tax freeze for all senior citizens. The General Assembly would need to enact legislation during the 2007 Session. There would be an intervening election in 2007 and the same legislation would need to be passed in 2008. The voters would then vote on the referendum for the constitutional amendment in the November 2008 election. The constitution would then be amended effective January 1,2009. Page 20 9/5/2006 22. CREATION OF STATE INSURANCE "WIND POOL" Council Member John Uhrin City of Virginia Beach Background: Property owners in Virginia Beach, particularly at the oceanfront, are able to purchase insurance for wind damage from the secondary insurance market at high rates and high deductibles. Many other coastal states have established a "wind pool" insurance program that is available in specific geographic areas. Policies have been provided at more reasonable rates and deductibles. Wind has become, to most insurance carriers, the biggest risk in the Virginia Beach area. A $25 million piece of property could have a two percent wind deductible making the deductible payment $500,000. This is in great contrast to the more reasonable $5,000 deductible that was available just a few years ago. The wind insurance premium increases must also be considered as many Virginia Beach businesses are being forced to pay 300 percent increases. Req uest: The General Assembly is requested to pass enabling legislation required for the creation of a state insurance "wind pool" so that wind damage insurance can be provided at a more reasonable cost with lower deductibles. Page 21 9/5/2006 CITY OF VIRGINIA BEACH 2007 FUNDING ITEMS 1. NEED FOR ADDITIONAL GRoup-HoME BEDS IN THE LOCALITY FOR YOUTH NEEDING OUT OF HOME PLACEMENT Terry Jenkins Department Director Human Services Background Information: Efforts have been underway for the last several years to develop a 12-bed Group Home adjacent to the Juvenile Detention Center for teens needing out of home placement. This site has been approved previously and a conditional use permit was issued, however, funding for construction remains a need. The proposed facility would become a city- owned building, for the Tidewater Regional Group Home Commission to operate, setting up a fee structure with the Comprehensive Services Act to cover the operational costs using child specific billing for services. The adolescents served would be CSA-mandated older adolescents in foster care with some capacity to accept court-involved youth utilizing Juvenile Court Services and other funding sources for non-mandated youth. HB 577 now requires CSA to justify out of jurisdiction placements. In FY 2005, Virginia Beach youth were served in thirteen (13) Group Homes outside the city limits at a cost of $1,036,542. Development of this site would better enable us to serve youth within the city limits. We would also build in mental health services provided by Human Services as needed. Funding was requested in the amount of$I,OOO,OOO several years ago for this project. Due to rising construction costs, this estimate has nearly doubled. Req uest: The General Assembly is requested to approve an appropriation of $1.9 million dollars for the construction of a 12-bed facility to be used as a group home for CSA-mandated and non-mandated youth needing out of home placement. Operational costs would be paid with CSA funds and Juvenile Court Services funds, and other fee revenue. Page 22 9/5/2006 2. CSA ADMINISTRATIVE ALLOCATION Terry Jenkins Department Director Human Services Background Information: The funding formula to carry out the provisions of the Comprehensive Services Act defines the formula for local administrative costs based upon pool allocations from 1997. The maximum allocation any locality can receive for administrative costs is $50,000. This amount has not increased in the past 8 years, despite continuing increases in the oversight responsibilities of CSA. FY 05 expenditures for CSA in Virginia Beach were $8,460,206 million dollars, which required a supplemental request of additional state and local dollars. For FY 06, the CSA Budget is $5,479,949, which means a supplemental request will likely be needed again this year as well. Covering additional administrative costs on top of the local share of any supplemental request for child-specific services is an undue hardship. Request: The General Assembly is requested to amend Title 2.2, Chapter 52 of the Code of Virginia to increase the maximum administrative allocation to $100,000 in order to improve localities ability to meet the administrative requirements of the CSA. 3. SUPPORT FOR ADDITIONAL STATE GENERAL FUND DOLLARS FOR MENTAL HEALTH PROGRAMS Terry Jenkins Department Director Human Services and Community Groups Background Information: There continues to be substantial need in the community for mental health, mental retardation and substance abuse services, as evidenced by growing waiting lists for community-based care. There also continues to be substantial needs in child- care, housing, employment, health care, and transportation for low income and disabled families. Request: The General Assembly is requested to fully fund the mental health, mental retardation, and substance abuse system to meet the needs of children and adults on waiting lists for services. Additionally, the City requests that funds be made available to meet the needs Page 23 9/5/2006 of low- income families to include childcare, affordable housing, employment, health care, and transportation. 4. FUNDING FOR THE VIRGINIA BEACH JUVENILE DETENTION CENTER James K. Spore City Manager City of Virginia Beach Background Information: The state code allows for the Commonwealth to reimburse construction costs for Juvenile Detention Centers, like the completed center in Virginia Beach for 50% of the cost. The State Board of Juvenile Justice approved a full reimbursement of 50% for our Detention Center; however, the amount we received equals only 48% of the cost. This has produced a shortfall to Virginia Beach of $297,684. Request: The General Assembly is requested to provide the full funding of 50% reimbursement to our Juvenile Detention Center as approved by the State Board of Juvenile Justice. This additional appropriation would be $297,684. 5. STATE AID TO VIRGINIA PuBLIC LIBRARIES Marcy Sims Department Director Public Libraries Background Information: The Code of Virginia (Chapter 3 of Title 42. 1) establishes Virginia's policy of granting financial aid for the development of local public libraries and provides a formula, which specifies how much each public library system should receive. This formula has not been fully funded since 2001. It is currently estimated that full funding of State Aid will require a $6,505,803 increase in FY 2008 over FY 2007 funding levels. Request: The General Assembly is requested to fully fund State Aid to Virginia Public Libraries in the amount of $24,500,000. Page 24 9/5/2006 6. INFO-POWERING THE COMMONWEALTH Marcy Sims Department Director Public Libraries Background Information: The objectives of Infopowering the Commonwealth: Find It Virginia are to provide appropriate computer hardware, obtain adequate connections to the Internet, and resolve issues and costs associated with providing adequate access to all citizens to current, authoritative sources of information. Infopowering has assisted public libraries in obtaining hardware, Internet access, training labs, and some electronic databases. In addition, Infopowering funds were used in partnership with grant funds from the Bill & Melinda Gates Foundation to extend activities to libraries that were not fully eligible for funding through the Gates Library initiative. Info-powering funds for FY 2002 had been reduced to $ 1.6 million. No funding was received in FY 2003 - 07. Req uest: The General Assembly is requested to provide $6 million in funding for FY 2008 and in each year of the biennium to support Infopowering the Commonwealth: Find It Virginia, to expand the core collection of full text reference, magazine and newspaper articles that are provided to all citizens of Virginia via their public library card or through the K-12 and community college programs. 7. VIRGINIA BEACH LIFELONG LEARNING CENTER (JOINT USE LIBRARY: A PARTNERSHIP BETWEEN THE CITY OF VIRGINIA BEACH AND TIDEWATER COMMUNITY COLLEGE- VIRGINIA BEACH CAMPUS) Marcy Sims Department Director Public Libraries Background Information: The City of Virginia Beach and Tidewater Community College are considering constructing and operating a single facility to house the proposed TCC/ Virginia Beach Campus Learning Resources Center and what is presently called the South Rosemont Area Library (CIP Project 3-175). The College is planning to build a 150,000 square foot Learning Resource Center (LRC) at the comer of Rosemont Road and Faculty Drive, The LRC is planned to be built in two phases: a 100,000 square foot project in the 2006-08 biennium and the remaining 50,000 square feet is planned for the 2008-2010 biennium. The South Rosemont Area Library (18,000 square feet) is scheduled for construction in Page 25 9/5/2006 FY 2005-2006 on City owned property at the comer of Rosemont Road and Buckner Boulevard and adjacent to the Boys and Girls Club of Southeastern Virginia. A Joint Use Library Planning Committee was appointed in March 2004, to explore the possibility of creating an integrated joint use library. The same consultants who were part of the successful San Jose State University and San Jose City Public Library project, Anderson Brule Architects, have assisted the City and TCC in facilitating further strategic feasibility and operational planning. Other partners have been invited to take part in the planning. The Old Dominion University/Norfolk State University Higher Education Center is located adjacent to the TCC-Virginia Beach Campus. Its 85,000 square foot facility serves approximately 16,000 students in undergraduate, graduate, continuing education and workforce development programs. A strategic operational planning process is underway to further identify and refine the description of all service, operational, organizational and facility issues to be resolved and outlined in a Memorandum of Understanding between the partners. The work will also provide a conceptual building program to guide the architectural design. In the 2007/2009 budgets the General Assembly allotted the two agencies the authorization to use $3 million in City funding to complete the engineering on the property. Request: The General Assembly is requested to provide $38,037,975 as the state's share ofthe Joint Use Library. 8. SHERIFF'S WORK RELEASE FACILITY Paul Lanteigne Sheriff Sheriff's Office City Manager's Office Background Information: Currently the City of Virginia Beach Sheriff's Work Release Facility is housed in a leased space and the Sheriff s Workforce is housed in a landscape services building. While the City in cooperation with the Commonwealth completed a major jail expansion, there is still a need for additional bed space for prisoners. Co-locating both the Sheriff's Work Release and Workforce programs in a new facility would allow these programs the space necessary to operate at greater efficiencies. Page 26 9/5/2006 Request: The total estimated cost for design, site selection and construction of a facility is $6.7 million. While total project costs are subject to change pending the completion of the design work and bid of the project. In 2005-2006, $600,000 in City dollars was allocated to fund preliminary design work and site selection of the facility. State funding for this project was recently eliminated from the State's Biennial budget and the City is requesting that in the interest of public safety the General Assembly restore funding of at least 25% of the total project. 9. TRANSPORTATION James K. Spore City Manager City of Virginia Beach Background Information: Local governments under federal law are required to engage in a long-range transportation planning process. The long-range transportation plan must be both fiscally constrained and comply with air quality conformity requirements. The Hampton Roads region has been engaged for several years in the 2030 Long Range Plan and has identified a number of projects for funding. In addition to the six major projects that are part of the MPO package, which include, I- 64 Improvements in the Peninsula and Chesapeake, the Third Crossing, the Mid-town Tunnel Improvements, Route 460 and the Southeastern Parkway and Greenbelt - including Route 17 improvements; there are also projects in the primary, secondary and urban system that need funding. It is predicted that by 2012 that the State will be unable to build any new transportation projects and will only have funds for maintenance of existing projects. The cost for maintaining Virginia's existing roads is increasing by $50 million per year. Unless substantial funds are made available on a statewide basis, the City will continue to see a decrease in urban funds, which fund projects like Nimmo Parkway, Princess Anne Road, Shore Drive, Northampton Boulevard, Witchduck Road, Indian River Road, etc. Furthermore, Virginia Beach is at the end of the cul-de-sac that begins along interstate I- 64 in the Richmond area and the entire region is beginning to lose its edge in economic development because of transportation issues. For instance, the City of Virginia Beach has seen a decrease of over 300,000 overnight visitors per year for the last several years because of traffic congestion issues - according to the Old Dominion University Annual Survey at the oceanfront. Furthermore, there is quantifiable data that businesses have made decisions not to increase their presence in Hampton Roads or to institute a presence in Hampton Roads because of transportation issues. Suffice to say that the timely movement of people, goods and services is vital to the economic wellbeing of our Page 27 9/5/2006 citizens, as well as traffic congestion becoming a very sever quality of life issue. Under federal law the region, through the MPO, is responsible for identifying projects and establishing priorities, as it is the General Assembly's responsibility to fund those projects. Request: The General Assembly is requested to fully fund the six major projects as identified in the MPO package, which includes the ability to toll new projects and existing parallel facilities. There is also $275 million of revenue needed on a yearly basis to make up the shortfall in funding that tolls will provide for these very expensive projects. The General Assembly is also requested to increase transportation funding on a statewide basis by $1 billion. This will provide funding for primary, secondary and urban road projects such as those mentioned above. Also as mentioned this has become more than a quality of life issue but also very much maintenance of our economic wellbeing. The General Assembly must act in order for the region to have an approved 2030 Long Range Plan by late Winter 2007. 10. VIRGINIA AQUARIUM & MARINE SCIENCE CENTER MARINE ANIMAL RESEARCH & CONSERV A nON INITIATIVES Russell Turner Director of Development Virginia Aquarium & Marine Science Center Background Information: The Virginia Aquarium & Marine Science Center requests funding in the amount of $2 million that will help improve its marine animal research and conservation support facilities in order to better serve its mission of "Conservation through Education." Since the Aquarium first opened to the public in 1986, more than 10 million people have experienced the thrill of seeing Virginia's marine life in unique and educational exhibits and programs. As the Aquarium has grown, so has its reputation for expertise and contributions in marine animal husbandry, research and conservation. As an accredited member of the Association of Zoos & Aquariums and the Alliance of Marine Mammal Parks and Aquariums, it is important that the Aquarium continue to be recognized for its animal care and conservation science practices. The Aquarium is currently undertaking an exciting project that will add a major new exhibits gallery and introduce exotic species from across the planet to inspire our next generation of visitors. The new exhibits and programs will utilize the latest science and technology to inform over 600,000 annual visitors about marine life and habitats linked to Virginia's past. In addition, the Aquarium is constructing a new animal care center and research vessel to continue to strive for significant achievements in the areas of marine animal research, conservation and education. Page 28 9/5/2006 Req uest: The General Assembly is requested to provide $2 million to be spent on the Aquarium's marine animal research and conservation resources. A modest investment can be leveraged to significantly impact research and education in Virginia's economically and ecologically important coastal communities and waters, and positions the Commonwealth for an international role in conservation initiatives. With advanced marine animal care facilities, Aquarium staff and research partners can study and develop innovative research practices, thereby increasing scientific understanding and the ultimate conservation of vital ocean resources. The Aquarium is in a unique position to bring the results of scientific research and conservation to a wide range of general audiences, from regional residents and school children to international visitors. The Aquarium's new exhibits will expand the scope of its collection to include species from other parts of the world. These unusual animals will illustrate adaptations to special environments and how these exotic habitats relate to Virginia and global conservation issues. Aquarium staff and research partners will have hands-on experience with these and other marine species and contribute directly to research and conservation efforts in Virginia and across the globe. The Aquarium will use this investment from the Commonwealth to provide equipment and technology to support these efforts. Funds will be used to equip advanced animal husbandry systems, research laboratories, and an exhibits and equipment shop in the new 16,000 square foot animal tare center scheduled for completion in 2008. Sophisticated equipment for marine animal observations and oceanographic studies will enhance a new 46-foot research/education vessel being constructed for delivery in 2007. These resources will support research and conservation efforts of Aquarium staff and their partners from universities and industry. Equally important, the Aquarium's expertise with education and outreach will bring these efforts and the world of ocean science directly to students of all ages. 11. VIRGINIA BEACH CONVENTION CENTER FUNDING James Ricketts Department Director Convention & Visitors Bureau Background Information: In 2005, the City of Virginia Beach opened the first phase of the new Virginia Beach Convention Center. The new facility replaces the Pavilion Convention Center. Designed by the architectural firm of Skidmore, Owings & Merrill (SaM) the complete facility is scheduled to open in early 2007. The old center had a total of 188,000 square feet and lacked the amenities essential for today's meeting planners. Even with only approximately half of the new facility opened, the new center is larger than the old facility and has amenities and technology that exceed meeting planners expectations. When completed, the new facility will have a total of 516,000 square feet. This includes 150,000 square feet of exhibition space, over 31,000 Page 29 9/512006 sq. ft. of ballroom space and approximately 29,000 sq. ft. of meeting space. The total cost of the facility is $202.571 million. The new convention center will help put Virginia on the map as a viable convention state. According to the Feasibility Study conducted by PricewaterhouseCoopers, the Commonwealth will realize the following economic benefits: Incremental tax revenues (in 2002 dollars) $1.2 to $2 million annually, between 900 - 1,500 additional jobs and between $27.7 million - $44.8 million in incremental direct expenditures new to the Commonwealth (not a transfer from other localities in the Commonwealth). The economic impact for Hampton Roads will be $50.5 million to $79.3 million in incremental direct expenditures and between 1,700 and 2,700 new jobs. This is in addition to the $2.1 million incremental tax revenue to the City of Virginia Beach, $97 million in Sales and 1,900 additional jobs. Already sales projects for 2006, with only half of the facility opened, are ahead of the Feasibility Study projections for 2009 when the entire facility would have been opened and fully operational for 1-2 years. Request: The General Assembly is requested to provide $10 million in funding for the new Convention Center. This is in keeping with the benefits to the Commonwealth based on the amount of state tax revenue that will be generated from the new facility over a ten- year period. 12. CONTEMPORARY ART CENTER OF VIRGINIA FUNDING Cameron Kitchen Executive Director Contemporary Art Center of Virginia Background Information: The Contemporary Art Center of Virginia (CAe) is seeking funds from the Commonwealth of Virginia for completion of renovations and upgrades to Virginia's leading contemporary art institution to support new and innovative educational programs and exhibits. As a major cultural amenity in Hampton Roads and a significant tourist attraction, the Contemporary Art Center of Virginia reaches over 560,000 people annually. The Contemporary Art Center of Virginia is a model of financial and artistic management and operates on a balanced budget. CAC completed Phase One of its capital improvement and endowment campaign in 2003 and opened the Rodriguez Pavilion, Butler Galleries, and new art storage areas with the support ofthe City of Virginia Beach, private donors, and corporations. Page 30 9/5/2006 Now in Phase Two of its capital improvement and endowment campaign, CAC is seeking the Commonwealth of Virginia to complete its match of the City of Virginia Beach's Phase One appropriation. This investment by the Commonwealth will enable CAC to meet increasing demands for on-site educational programs, outreach, world-class exhibitions, performances, and corporate and private functions at CAC's museum and studio school in Virginia Beach. The Commonwealth of Virginia funds requested are a direct match for the funds appropriated in Phase One from the City of Virginia Beach. The grant will be used solely for the capital improvement and endowment campaign and will fund much-needed modernization of CAC's security systems, grounds, technical capabilities, galleries and classrooms. Req uest: The General Assembly is requested to provide $750,000 to the Contemporary Art Center of Virginia. 13. THE SANDLER CENTER FOR THE PERFORMING ARTS FUNDING Emily Spruill Director of Cultural Affairs City of Virl?inia Beach Background Information: The Sandler Center for the Performing Arts, a 1200-seat, 84,000 square-foot facility, will be the cultural centerpiece of Virginia Beach, located at the core of the City's emerging Town Center. When it opens in Fall 2007, the Center will have spaces for performances, public and performer support and it will give the opportunity to expand the type and diversity of the performing arts programs in Hampton Roads and the State of Virginia. The $47 million facility, built under Virginia's PPEA process, will have a full range of amenities, meeting the needs of today and tomorrow. As a tangible demonstration of their commitment, the Virginia Beach City Council dedicated $35 million of City funds to the project. The Virginia Beach Performing Arts Center Foundation, a non-profit organization spearheaded by some of the City's top civic and business leaders, is leading a $12.5 million capital fundraising campaign. Over 70% of the goal has been raised to date. This includes $1,460,000 from the Commonwealth. The Sandler Center for the Performing Arts will have a dramatic impact to the State of Virginia's tax base, generating over $2.2 million for the construction phase and $35,500 in annual State tax revenue. We ask the State to strengthen its commitment and investment to the future of this cultural landmark and to the City as a whole, by appropriating $500,000 for the operations of the Center. The new location opening in Fall 2007 at the exciting Town Center development will become a defining asset for social development for the City and Hampton Roads. It will Page 31 9/5/2006 become a focal point for social activities from education to the arts and entertainment and will illustrate the State's dedication to furthering the cultural life o(its citizens. Request: The General Assembly is requested to appropriate $500,000 for the operations of the Sandler Center for the Performing Arts. Page 32 9/5/2006 COMMUNITY GROUP INPUT 1. CITY COUNCIL'S SUPPORT OF A REFERENDUM ON INCREASES TO THE MEALS TAX A General Assembly mandated Meals Tax Task Force at work. 2. INCREASE IN MEDICAID FUNDING Also requested by Terry Jenkins. 3. PROPORTIONATE SHARE OF ANy NEW TAXES If sales or other taxes were increased that Virginia Beach should get a proportionate share. 4. PEDESTRIAN FRIENDLY LEGISLATION Requires motorists to stop whenever pedestrians are in a crosswalk. 5. 211 SERVICE Regional database that individuals could dial 211 and access on information on myriad public service activities such as social services, mental health, etc. 6. PHOTO RED LIGHT ENFORCEMENT Also requested by Police Department. 7. FIRE PROTECTION FOR HAMPTON ROADS HARBOR The City supporting increases in funding for a Fire Boat and operational costs for the Hampton Roads Harbor areas. 8. PROPOSAL FOR DENSITY CREDITS TO BE USED AS AN INCENTIVE TO GET WORK FORCE HOUSING Also submitted by Andy Friedman 9. ADEQUATE/ADDITIONAL FUNDING TO INCREASE ABC INSPECTORS Page 33 9/5/2006 10. ADEQUATE PUBLIC SAFETY FUNDING, INCLUDING THE STATE'S SUPPORT FOR SHERIFFS Also requested by the City of Virginia Beach 11. WASTE WATER-FUNDING AID TO LOCALITIES TO IMPROVE WATER QUALITY 12. SEXUAL PREDATORS LEGISLATION 13. ADEQUATE FUNDING FOR MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES Also requested by the City of Virginia Beach Page 34 9/5/2006 ~':f~ . .1j; 5'~ +~.l\ .. ~.~ \~~# ..,.;w~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Establish An Organizing Committee to Advise Council Concerning the Creation and Organization of a Foundation to Assist the City in the Support of City-run Historic Sites MEETING DATE: September 12, 2006 . Background: The Virginia Beach City Council established the Francis Land House Board of Governors in August 1984 (City Code Section 2-5) as an advisory body regarding planning, policy and management of the Land House. In 1985 the code was amended to provide for the establishment of the Friends of the Francis Land House support organization. The Board was originally City council appointed. In 1993, the City Code was amended to allow for eleven (11) Council appointees and up to twenty-two (22) Board appointees. When the Department of Museums increased its responsibilities to indude the Adam Thoroughgood House operation in 1999, the Francis Land House Board of Governors informally extended its advisory role to also include the Thoroughgood House. With the acquisition of this National Historic Landmark completed in September 2003, a formal arrangement for governance of the Adam Thoroughgood House is needed. In addition, the Department of Museums undertook the operation of the Lynnhaven House in May 2006. This development further establishes the need for the development of a flexible govemance structure that can incorporate expansion and the addition of other historic sites as seamlessly as possible. The Department of Museums presented recommendations for the govemance structure via a Policy Report to City Council in July 2004. The recommendations had been developed through a process where staff obtained public comment and employed a professional firm experienced in working with non-profit agencies on issues of governance. The professional firm, Stumpf and Associates, conducted interviews with members of the Board, citizens, City staff and museum department directors in other cities/counties in Virginia and submitted a written report. Based upon public input and the study of this issue, staff recommended establishing one board for both sites as the best way to support the department's operational approach. In July 2004, the Board's leadership indicated that they wanted additional time to review options and provide input on the recommendations. City Council deferred the issue. Based upon the Board's work to review other structures and options and meetings with interested members from City Council, Department of Museums staff briefed City Council in August 2005. A list of governance structure options was provided and staff recommended that we should pursue developing a Code Amendment to establish a model similar to what. is employed for the Department of Public Libraries. A transition team of Board members, Friends members and staff was established to help develop some of the structural details and to review changes and suggest revisions to the proposed code amendments as the process moved forward. The Board as a whole, the Friends Executive Committee and Council representatives provided additional input. In the final analysis, the developed structure was too difficult to support with limited departmental resources to accomplish its intentions. . Considerations: The Virginia Aquarium and the Performing Arts Theatre foundations have provided a successful model for citizen involvement in coordination, planning and support of these cultural institutions. The Aquarium has a twenty-year history of success; while the Theatre illustrates that much can be accomplished in a short period of time. The development of historic houses/sites and the type of activities they provide for the community are more closely related to these entities than to the libraries. Several citizens have already indicated they would help to establish such an organization, so indications are that community support exists for the creation of a Virginia Beach Historic Sites Foundation. . Public Information: Information regarding this recommended action will be disseminated to the public through the normal process involving the advertisement of the City Council agenda. . Alternatives: The primary alternative is for Department of Museums staff to revisit and renew their efforts to develop recommendations for amendments to City Code Section 2-5 regarding a City Council-appointed Board for the Historic Sites. . Recommendations: It is recommended that City Council adopt the resolution and establish an Organizing Committee for the purpose of advising the Council concerning the creation and organization of a foundation to assist in the support of City-operated historic sites. . Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: Department of Museums City Manage~ \L..,~~ 4~t 1 2 3 4 5 A RESOLUTION TO ESTABLISH AN ORGANIZING COMMITTEE TO ADVISE THE CITY COUNCIL CONCERNING THE CREATION AND ORGANIZATION OF A FOUNDATION TO ASSIST THE CITY IN THE SUPPORT OF CITY-RUN HISTORIC SITES 6 WHEREAS, the City, through the Department of Museums, 7 operates certain historic sites; and 8 WHEREAS, the City Council desires to create a committee of 9 knowledgeable citizens to review the possibility of establishing 10 a non-profit board or foundation to assist and advise the City 11 in the efficient administration, coordination and planning of 12 its historic sites. 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA THAT: 15 1. There is hereby created an organizing committee to 16 provide guidance to the City Council regarding a proposal to 17 create a board or foundation to assist the City in the support 18 of the City-run historic sites. 19 2. The Committee shall be known as the Historic Sites 20 Organizing Committee, and shall have not less than five (5) nor 21 more than seven (7) members, all of whom are to be appointed by 22 City Council. 23 3. The Committee shall be responsible for advising City 24 Council as to all issues pertinent to the creation and operation 25 of a non-profit foundation to assist and advise in the 26 administration, coordination and planning of the historic sites 27 operated by the Department of Museums. The Committee will 28 prepare a purpose statement and by-laws for the proposed 29 foundation and will further make recommendations to the City 30 Council concerning appropriate amendments to existing ordinances 31 concerning the City's historic sites. The Committee .will report 32 its recommendation to the city Council concerning the structure 33 of the proposed foundation together with all other matters for 34 which it has been tasked no later than November 14, 2006. 35 4. This resolution and the Committee created hereby shall 36 expire and terminate operation on January 31, 2007. 37 Adopted by the City Council of the City of Virginia Beach, 38 Virginia, on this day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .ft~tf4?J Museums *~ C Attorney's Offlce CA-10097 PA/GG/ordres/Historic Houses Organizing Committee RES August 17, 2006 R-l K. PLANNING 1. Application of MIKE'S PAINT & BODY, INC. for a Conditional Use Permit at Progress Lane and Central Drive re an automotive repair garage and bulk storage. (DISTRICT 6- BEACH) RECOMMENDATION: APPROV AL 2. Application ofKAH PROPERTIES, L.L.C. for a Conditional Use Permit at 3222 Virginia Beach Boulevard re motor vehicle sales and service. (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROV AL 3. Application of DR. ALAN MAHANES for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional 0-2 Office District at 2513 North Landing Road re a dental office and additional space for lease. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROV AL 4. Application of KEMP ENTERPRISES, INC. for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional A-24 Apartment District at Bonney Road and Kenley Road re multi-family dwellings. (DISTRICT 2 - KEMPSVILLE) STAFF RECOMMENDATION: REFERRAL BACK TO PLANNING COMMISSION PLANNING COMMISSION RECOMMENDATION: APPROVAL 5. Application of RHO MAN COMPANIES for a Change of Zoning District Classification from R -10 Residential District to Conditional I-I Light Industrial District on a portion of 1032 Bells Road and 1041 Olds Lane re warehouses and office-warehouses. (DISTRICT 6- BEACH) RECOMMENDATION: APPROV AL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber .at:Citv Hall, Municipal Center, 2401 Courthouse Drive, Tuesday; September 12, 2006, at 6:00 p.m. The following applications will be heard: DISTRICT 7 . PRINCESS ANNE Dr. Alan Mahanes Application: ChaMe of Zonine District Classification from AG.2 Agricultural to Conditional 0.2 Office at 2513 North Landing Road (GPIN 1494717090). TI1e Comprehensive Plan designates this site as part of the Prin- cess Anne Transition Area, suitable for residential and lim- ited non-residential uses developed in accordance with. the Comprehensive Plan policies for this area. The purpos~ of this rezoning is to develop a medical office. DISTRICT 2 - KEMPSVIUE Kemp Enterprises, Inc. Application: Chanl!e of Zonine Dis. trict Classification from R-5D Residential Duplex to Condi. tional A-24 Apartment on Bonney Road. (GPINs 1477009836; 1477009521; 1477100757; 1477101"174: 1477101694). The Comprehensive Plan designates this si:e as part of Strategic Growth Area 4 - Bonney Road West:Corri. dor . and reco,!,mends mixed-use developme.nt, including medium intenSity office. business, hotel, institutional, and residential uses consistent with Plan guidance. The purpose of Jhis rezoning is to develop the site for multi.family.dwell- ings. . DISTRICT 6 - BEACH Mike's Paint & Body. Inc. Application: Conditional.. Use Permit for an automotive repair garage and bulk storage on Progress Lane. (GPIN 1496697416). DISTRICT 5 - LYNNHAVEN KAH Properties, L.L.C. Application: Conditional Use Permit for motor vehicle sales and service at 3222 Virginia.eeach Boulevard (GPIN 1497050500). DISTRICT 6 - BEACH Rhoman Companies, Ltd. Application; Chanee or Lonine District Classification from R-10 Residential to Conditional 1-1 Light Industrial at 1032 Bells Road (portion of) and 1041 . Olds Lane (GPINs 2416585191 (portion of); 24165a4390). The Comprehensive Plan designates this site as being P.art of the Primary Reslde~tial Area. suitable for approP.~iately located suburban residential and non-residential uses ~Qnsig.. tent with the policies of the Comprehensive Plan. The pur- pose of this zoning change is to develop the site for ware- houses and office-warehouses. All interested citizens are invited to attend. a.~<{ /~ Ruth Hodges Smith. MMC City Clerk Copies Of the proposed ord,inances. resolutions andaf!lend- ments are on fIle and may be examined in the Department of Planning or online at : http://www.vbe:ov.com/dept/plannimUboards/pc/ For information call 385-4621. If you are physically disabled or visually impai..,u ~nd need assistance at this meeting, please call the C11V CLERK'S OFFICE at 385-4303. Hearing Impaired, call: TDD only at 3854305. . (TOD . Telephonic DeVice for the Deaf). VP August 27, 2006 15ulo213 NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall. Municipal Center. 2401 Courthouse Drive. Tuesday, September 12, 2005, at 5:00 p.m. The following applications will be heard: DISTRICT 7 - PRINCESS ANNE Dr. Alan Mahanes Application: Chane:e of Zoning District Classification from AG.2 Agricultural to Con. ditional 0-2 Office at 2513 North Landing Road (G?IN 1494717090). The Comprehensive Plan designates this site as part of the Princess Aime Transition Area. suit- able for residential and limited non.residenti8! uses developed in accordance with the Comprehensive Plan policies for this area. The purpose of this rezoning is to develop a medical office. DiSTRiCT 2 - KEMPSVillE Kemp Enterprises. Inc. Application: Change of Zon- ing District Classification from R-5D Residentia: Duplex to Conditional A-24 Apartment on Bonney Road. (GPINs 1477009836: 1477009521; 1477100757; 1477101774; 1477101694). The Comprehensive Plan designates this site as part of Strategic Growth ,';rea 4 . Bonney Road West Corridor and recommends mixed.use development. including medium intensity office. busi- ness. hotel. institutional, and residential uses co~sis- tent with Plan guidance. The purpose of this rezoning is to develop the site for multi-family dwellings. DISTRICT 6 - BEACH Mike's Paint & Body, .Inc. Application: Conditional Use Permit for an automotive repair garage and bulk storage on Progress Lane. (GPIN 1496697416). DiSTRICT 5 - l YNNHA VEN KAH Properties, L.L.C. Appiication: CQnditional Us~ Permit for motor vehicle sales and service at 3222 Vir- ginia Beach Boulevard (GPIN 1497050500). DISTRiCT 6 - BEACH Rhoman Companies. Ltd. Application: CharQ:e CT Zoning District Classification from R-le Res:c€;;- tial to Conditional 1-1 Light ir.duslr;al at ::.032 Bei!s Road (portion of) and 1041 ales Lane ~G?lNs L4i6585:9:~ (ccrtion cfi; 241653439C}. 7he CcmprehensiveS F~en designates'this site as being part OT t!,e Primar; ReO'.!- der:tial Area. sGitabie 'for a~r:rcp(;ate!~i jC:::3te(~ s;..;b~r;)(:H, iesidentjal and non-residential ~ses consister:t witil t112 policies of the Comprehensive Plan. The purpcse of this zoning c1;ange is to develcp the site for warenouses and office-warehouses. All interested citizens are invited to attend. ,'1--=-1(; ,~ Ruth Hodges Smith, MMC City Clerk Ccpies of the proposed 0fcinances. ;.esc;:...;tcr,s 3;1(1 amendments are on file and may be exammec I;; the Dep8rtment of Planning or onli~1~ ~t :. _, ., _ htttl:II....'Ww.'Jl:e:~II.com/deo.(/ r.lannm>!/ :;;;.~rCls,'Ji;1 For information Coil 385-4621. if you are physicaily d1sablet! c; ~lis:.azl!y impairer!. and need assistance at this meeting, piease call the CITY CLERK'S OffiCE at 3854303. Hearing impaired. call: TDD oniy at 335-43(\5. (TOI) _ Telephonic Device for the Deaf). Beacon September 3. 2006 15679314 MaD I-8 No Not to 5"cole I-I " I 1 -1 ,,. 1- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Mike's Paint and Body, Inc. - Conditional Use Permit (automotive repair garage and bulk storage), Progress Lane, east of Central Drive (DISTRICT 6 - BEACH) MEETING DATE: September 12, 2006 . Background: Application of Mike's Paint & Body, Inc. for a Conditional Use Permit for an automotive repair garage and bulk storage on property located at the northeast extremity of Progress Lane, approximately 460 feet west of Central Drive (GPIN 1496697416). DISTRICT 6 - BEACH' . Considerations: The applicant requests a Conditional Use Permit to allow development of an automotive repair garage and bulk storage area. The site plan depicts the proposed facility on the southeast 1.02 acres of a 16.17-acre lot. The 9,288 sq. ft. auto body repair building houses two offices, one storage room, a receptionist area, break room, locker room, and a drive-in auto and paint shop. Fourteen (14) parking spaces are provided on the east side of the building within a gated automobile storage area. Three (3) additional parking spaces, including one accessible space, are located on the north side of the building. A dumpster is located within the easternmost parking area, and a stormwater management facility is located on the west side of the building. The proposal is in conformance with the Comprehensive Plan's recommendations and the AICUZ guidelines for this area. The site and building plans demonstrate a facility that will be compatible to the surrounding area. The Planning Commission placed this item on the consent agenda because it is in conformance with the Comprehensive Plan and AICUZ guidelines, staff recommended approval, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. Development of the site shall substantially conform to the conceptual site plan and elevations entitled "Mike's Paint & Body Shop", prepared by Burkhart, Mike's Paint and Body, Inc. Page 2 of 2 Thomas, Reed and dated May 26, 2006. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole- mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. 3. The applicant shall obtain approval prior to any development within the Chesapeake Bay Preservation Area. 4. No tires for sale, merchandise, or parts shall be displayed or stored outside. 5. All automotive repairs shall take place inside the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 7. The only office space permitted shall be that maintained in connection with the allowed uses of automotive repair, service and warehousing. 8. No storage, distribution or handling of explosives, petrochemicals or petroleum-related products shall be allowed at the facility. 9. Nothing on the property shall exceed the height limitation of the restrictive easement over the property owned by the United States Navy. 10. The equipment storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department! Agency: Planning Department ~ City Managero~ k. '13~ MIKE'S PAINT AND BODY, INC. Agenda Item 7 August 9,2006 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for an Automotive Repair Garage and Bulk Storage. M~o~';f J-fco~o I ADDRESS 1 DESCRIPTION: Property located on Parcel 5 east of Progress Lane in London Bridge Industrial Park. GPIN: 14966974160000 COUNCIL ELECTION DISTRICT: 6-BEACH SITE SIZE: 44,431 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of an automotive repair garage and bulk storage area. The proposed facility is located on the southeast 1.02 acres of a 16.17 -acre lot. The 9,288 sq. ft. auto body repair building houses two offices, one storage room, a receptionist area, break room, locker room, and a drive-in auto and paint shop. Fourteen (14) parking spaces are provided on the east side of the building within a gated automobile storage area. Three (3) additional parking spaces, including one accessible space, are located on the north side of the building. A dumpster is located within the easternmost parking area and a stormwater management facility is located on the west side of the building. One curb cut will be provided off of Progress Lane. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . USE AND ZONING: South: . East: . . West: . Woods and marsh lands 11-1 Light Industrial District Office and warehouse buildings / 1-1 Light Industrial District Office and warehouse buildings / 1-1 Light Industrial District Industrial building / 1-1 Light Industrial Chesapeake Bay / 1-1 Light Industrial District .. / ...' MIKE'S PAINT AN.~BODYJ~~C. Agendalt~tJl7 R~9~L1 . Industrial buildings / 1-1 Light Industrial District NATURAL RESOURCE AND CULTURAL FEATURES: The site is located within the Chesapeake Bay Preservation Area. The applicant is working with Chesapeake ~ay staff. AICUZ: The site is in an AICUZ of Greater Than 75 dB Ldn surrounding NAS Oceana and is governed by restrictive easements owned by the U.S. Navy. The proposed use of Parcel 451 by Mike's Paint and Body Shop is allowed under the terms and conditions of the easement. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): No traffic volumes are available for Progress Lane. Progress Lane is a local industrial roadway. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Central Drive 4,152 ADT 6,200 ADT (Level of Existing Land Use ~ - 80 Service "C") - 9,900 ADT 1 ADT (Level of Service "0") Proposed Land Use 3 - 140 Average Dally Tnps 2as defined by 1-1 zoning 3 as defined by 9,288 s.f. Auto Repair Center WATER: This site must connect to City water. There is a 12-inch City water main in Central Drive. The approved London Bridge Industrial Park Phase V Site Plan (DSC File 108-623) proposes a 10-inch City water main in Progress Lane. A 1 O-inch water line in Progress Lane is required to be installed and released prior to development. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 520 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 12-inch City gravity sanitary sewer main in Central Drive. An 8-inch gravity line in Progress Lane is required to be installed and released prior to development. FIRE: Fire lanes are required. Fire hydrants must be located within 400 feet by vehicle travel. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with conditions recommended by staff. The recommended conditions are provided below. """", ,......... ..--.".....,' MIKE'S PAINT AND BODY, INC. Agenda Item 7 Page 2 Comprehensive Plan: , The Comprehensive Plan recognizes this site to be within the Strategic Growth Area9 of the City of Virginia. Low intensity industrial uses that conform to AICUZ provisions are suitable for the southern and eastern part of this Strategic Growth Area. Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations and theAICU,Z requirements for this area. The site and building plans demonstrate a facility that will be compatible to the surrounding area. CONDITIONS 1. Development of the site shall substantially conform to the conceptual site plan and elevations entitled "Mike's Paint & Body Shop", prepared by Burkhart, Thomas, Reed and dated May 26,2006. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole-mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. 3. The applicant shall obtain approval prior to any development within the Chesapeake Bay Preservation Area. 4. No tires for sale, merchandise, or parts shall be displayed or stored outside. 5. All automotive repairs shall take place inside the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 7. Only office space maintained in connection with the allowed uses of automotive repair, service and warehousing shall be permitted. 8. No storage, distribution or handling of explosives, petrochemicals or petroleum-related products shall be allowed at the facility. 9. Nothing on the property shall exceed the restrictive easement height restriction over the property. 10. The equipment storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. MIKE'S PAINT ANDBODY,lNC. Agendalt~rn 7 P~g~3 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ~:) ~.'" ';;~. <~, ~, _, ._C.' ,-'-" v./..~':>< ~. MIKE'S PAINT AND BODY, INC. . Agenda Item 7 Page 4 AERIAL OF SITE LOCAJIQ}.J\<\ ,... ... "......... .... . MIKE'S PAINT AND BODY, INC. Agenda Item 7 . Page 5 ~ [ ~ Q. :z: 0 '< :r i ioG~ :i g tf5 is) ~ is) It ~i~ mil j~ " .. ~= ~~ ~~ ~~ u ~ O-t o ~ ID~ Z ~~ ~=: Or5 ~L5 In ~~ c; a:: ~> Z&..i l-4Z <:5 O-t~ w a:: ID8 ~ a:: r.:lQ. ~ l-4 ~ PROPOSED SITE.B,L,AN ~ . I!! ili Ii ~ i~ - "'131 ~i i ~~. II ~ ~~ I ii~ .... l;il= I!il I"~c ill! :>.U <II MIKE'S PAINT ANI) BODY, INC. Agenda It 7 P ge6 >I Iii Un ~~ ~n~ .. <> ,.. .. .. ... <> , I ~ :g ~i <':::1 CIa u ~ n ~ != ~ ~ ~ . ~ ? g ~ @ 0.. o ::I: ID~ z ~~ Q~ OiS ~~ III ~~ (5 D: E-"> Z..i _z <:3 o..~ ... D: ID8 - D: ~A. ~ - ~ .o-,q .r,1I fil S!,; w ill.. rz: _I <! i ~ il ill;; ~.U III PROPOSED BUILDING EL..E.. .VAilD"N:" . ... "" .. '. '. ~'.. c- '-. '-'. MIKE'S PAINT ANfJBODy,.I~C. Agenda It~~7 ....R~g~Z u~ ~~ ~~i d m1!l 9'i .. o ........ .... ~x 00 W ": ,..:::Ii '<::E 00 <.> ~ ~ ~ ~ ~~ ~ ~ III @ p.. o == ID~ z ~~ Q::: 05 ~;S m c:d~ o ~ ~> Z..r _z <::5 p..~ .... '" ID8 ~ '" ~... :::c::: - ~ :it Iii ~:r3J'i' ~ ~j~;; o ~I i~ F5 EQ ~8 ;:: og; .~~ ~~. ~;; ~.U ... PROPOSED BUILDING ELE\TA1fON' MIKE'S PAINT ANDBODY,~~C. 'Agendaltg/'Tl7 f?~~~ .8 l!1 Il~! !Ii fD o ~= ~cr :g :g W ~: ....::r <c::r 00 (,) ~ o = m.~ z ;>1~ ~~ 05 ~~ III ~~ C5 ~ E-i> Zw _z <:5 ~m w ~ m.g "' ~ r:;t:lQ.. ~ - ~ ~ ~ ~ ~ .. ... i ii ;J, . ~ ; ~ ~ @ fa g,.. ::! h i i I ~! g l;l..<J ~~ .......0 -8 S ~ g~ 2 <:!!:~ ill;! a: - ~i a:-~ PROPOSED BUILDIN~e(jESi'AiI.ON? MIKE'S PAINT ANflBODy,l~C, Agendalt~1jP 7 'a~ge.~ ,triJ .r-,II ~ ?i .. o ~&1 '" 0 ....., ~ :g W -: ...:s <::E 00 <.> ~! .~ i~ O-i o :::c: t7.1~ z ~~ ~:: O~ I:Q~ m ~~ (3 a: E-c> ZW _z <:5 O-i~ ... a: t7.18 ~ a: r,.:l.... ~ - ~ PROPOSED BUILDING ELEVAtiON A" ;____ '. '; .__' . , ", , ..... . ,". ..'....~T'W,... " ilR ~~ ?S ~ ~ ~ ;n .~ t . n @ fa h ~~Illi . i ~ I ~i -~ r;;:: i ~~ < 5~ ~ - ~i iil-lI MIKE'S PAINT ANDBODY, INC. Agenda It~~ 7 Pag~10 Mat) I-R Mop Not to Scale 1- a o 1 2 3 4 03/10/92 12/12/95 02/10/98 08/28/89 \ ~A 98 -1 CUP - for Automotive Repair Garage Withdrawn Granted Granted Granted C:"'::';w'"\"w. >,.., ';'"'' .""',,. .,c_._, .'-. 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I ii 11 ~i I) III 8. ; ~ ;; ~ !-; rg ll! ~ ~ ~! ...,= I., !!1 0 lJl DO t~ ..~ ! it l ~. ~ ;)-~}'''' Il~- i. ~ :", Wl: q~iX DISCLOSURE STATEMENT MIKE'S PAINT AND BODY,INC. Agenda . Item 7 Page 12 Q. :;;: <II ~ oS ;;; Q,. ,~ '0 ::; 0- S '" l5g :2:1i "'N -~ c:~ ,g~ ~i "'- ~~ - '0. ~g 4;;~S .r:;;;: ",,:> u- ;!IS u~ o '" ~ c.S ~ .5 :> j '" o.:~;[ .., -:~ ~8: Ed lS'e 4$ a; ;I;<, o ~ Item #7 Mike's Paint & Body, Inc. Conditional Use Permit Northeast extremity of Progress Lane District 6 Beach August 9, 2006 CONSENT Janice Anderson: The next item is item 7. The applicant is Mike's Paint & Body, Inc. It is for a Conditional Use Permit for an automotive repair garage and bulk storage on property located on Progress Lane in the Beach District. Mr. Maynard? Jeff Maynard: Good afternoon. Again, Ms. Anderson, on behalf of Mike's Paint and Auto Body, we have reviewed and the applicant accepts the conditions associated with this application. Janice Anderson: Thank you. Jeff Maynard: Thanks. = Janice Anderson: Is there any opposition to this application? The Chairman has asked John Waller to please review. John Waller: This request is for a Conditional Use Permit for an automotive repair garage and bulk storage. The property is located on Progress Lane, in the London Bridge Industrial Park. The site is located in the AICUZ of greater than 75 dB decibels and is governed by restrictive easements owned by the U.S. Navy. The proposal is in conformance with the Comprehensive Plan recommendations and AICUZ requirements for this area. Staff recommends approval of this request with ten (10) conditions recommended by staff. It is a good use for the property; so, we put it on the consent agenda. Janice Anderson: Thank you Mr. Waller. Mr. Chairman, I make a motion to approve consent agenda item 7. Barry Knight: There is a motion on the floor to approve this consent agenda item. Do I have a second? Dorothy Wood: Second. Barry Knight: A second by Dot Wood. Is there any discussion? Call for the question. AYE 9 NAY 0 ABSO ABSENT 2 Item #7 Mike's Paint & Body, Inc. Page 2 ANDERSON BERNAS CRABTREE HENLEY KA TSIAS KNIGHT LIV AS RIPLEY STRANGE WALLER WOOD AYE ABSENT AYE AYE ABSENT AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 7 for consent. = CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KAH Properties, L.L.C. - Conditional Use Permit (motor vehicle sales and service), 3222 Virginia Beach Boulevard (DISTRICT 5 - L YNNHAVEN) MEETING DATE: September 12, 2006 . Background: Application of KAH Properties, L.L.C. for a Conditional Use Permit for motor vehicle sales and service on property located at 3222 Virginia Beach Boulevard (GPIN 1497050500). DISTRICT 5 - L YNNHA VEN . Considerations: The applicant requests a Conditional Use Permit to allow redevelopment of the site for motor vehicle sales and service. The applicant proposes demolition of the existing retail building and redevelopment of the site with a new building, parking, and landscaping. The submitted conceptual site plan depicts a 3,500 square foot building, employee and customer parking area, vehicle display parking areas, and landscaping. The proposed building is situated 200 feet from Virginia Beach Boulevard. Parking and landscaping are proposed in front of the building. The submitted conceptual elevation depicts the typical style building used by the Hall Auto Group. The proposed building is one-story with an exterior insulation finish system (EIFS) facade and storefront type windows. The proposal is in keeping with the Comprehensive Plan's recommendations for this area, and is compatible with the surrounding uses. The Planning Commission placed this item on the consent agenda because it is an excellent example of redevelopment of commercial property, is an appropriate use for the site, staff recommended approval, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request, with the following conditions: 1. The site shall be developed substantially in accordance with the submitted conceptual site layout and landscape plan entitled "Conceptual Site Layout and Landscape Plan of Hall Pontiac / GMC, Virginia Beach Boulevard, KAH Properties, L.L.C. Page 2 of 2 Virginia Beach, VA", prepared by MSA, P.C. and dated 03/31/06. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted conceptual elevation. Said elevation has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The applicant shall provide a photometric plan for review and approval by City staff. All lighting fixtures shall be designed to prevent any direct reflection or glare toward adjacent uses and public streets. Lighting shall be directed at the ground and not out horizontally or toward the sky 4. No outdoor loudspeakers or paging systems shall be permitted. 5. There shall be no pennants, streamers, balloons, portable signs, or banners displayed on the site or the vehicles. 6. Vehicles shall be parked within the designated display areas, and no vehicles shall be parked or displayed within any portion of any public right-of-way, or in any landscaped area. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department! Agency: Planning Department ~ City Manager~S k - 'Ira "'"1.. KAH PROPERTIES, LLC Agenda Item 17 August 9, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for motor vehicle sales and service ADDRESS I DESCRIPTION: Property located at 3222 Virginia Beach Boulevard GPIN: 14970505000000 COUNCIL ELECTION DISTRICT: 5-LYNNHAVEN SITE SIZE: 29,107.50 square feet APPLICATION HISTORY: Request was deferred at the June 14, 2006 hearing due to failure to post the required notice on the property. SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for motor vehicle sales and service. The applicant proposes demolition of the existing retail building and redevelopment of the site with a new building, parking, and landscaping. The submitted conceptual site plan depicts a 3,500 square foot building, employee and customer parking area, vehicle display parking areas, and landscaping. The proposed building is situated 200 feet from Virginia Beach Boulevard. Parking and landscaping are proposed in front of the building. The submitted conceptual elevation depicts the prototype building used by the Hall Auto Group. The proposed building is one-story with an exterior insulation finish system (EIFS) facade and storefront type windows. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is occupied by retail commercial use. SURROUNDING LAND USE AND ZONING: North: South: East: West: . An office building I 0-2 Office . Virginia Beach Boulevard . Motor vehicle sales and service I B-2 Business . A retail building I B-2 Business ''>.,- ~ N",- c",-,.--.. '.''''''-.'.-' .,:. "'" . ,", . . ",,.,,......- .~, . ,,' rr . ....... d', <, . ":,,,.,.,,~ KAH PROPERTIES"LLC Agenda Item 17 Page 1 NATURAL RESOURCE AND . CULTURAL FEATURES: There are no significant natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana. The proposed use is compatible with airfield operations. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in front of this site is an eight-lane major urban arterial roadway. There are no Capital Improvement Projects planned for this portion of Virginia Beach Boulevard. The entrance point on Virginia Beach Boulevard must be rebuilt to meet current City standards. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Virginia Beach 46,331 ADT I 56,240 ADT I Existing Land Use"- Boulevard 443 ADT Proposed Land Use 3 - 934 ADT Average Dally Tops 2 as defined by a 10,000 square foot specialty retail shop 3 as defined by 28,600 square feet of automotive sales WATER: There are 20-inch, 16-inch and 42-inch City water mains in Virginia Beach Boulevard in front of this site. The site must connect to City water. SEWER: There is an 8-inch City gravity sanitary sewer extending through private property, in an easement to this site. There is a 24-inch HRSD force main in Virginia Beach Boulevard in front of this site. The site must connect to City sanitary sewer. Analysis of Pump Station 252 and the sanitary sewer collection system is required to ensure future flows can be accommodated. FIRE: Display vehicles must not be used as barriers to prevent ingress or egress from property. The Fire Marshall must approve security for ingress and egress so that Fire Department access is not obstructed. Any portion of the site that is gated must provide for Fire Department access using the Knox or Supra key system. Electrically operated gates must have a failsafe operation in the event of a power failure. The Comprehensive Plan designates this area as being within the Primary Residential Area. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Primary Residential Area./h."\' COMPREHENSIVE PLAN KAH PROPERTIES, tLC Agenda Item, 17 . Page 2 The Comprehensive Plan policies recognize Virginia Beach Boulevard as one of the city's major commercial and economically viable corridors and, as such, encourage all new commercial development to be consistent with the Plan recommendations of providing an attractive, safe, and quality physical environment. - Staff recommends approval of this request with conditions. EVALUATION AND RECOMMENDATION The proposal is in keeping with the Comprehensive Plan's recommendations for this area, and is compatible with the surrounding uses. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted conceptual site layout and landscape plan entitled "Conceptual Site Layout and Landscape Plan of Hall Pontiac / GMC, Virginia Beach Boulevard, Virginia Beach, VA", prepared by MSA, P.C. and dated 03/31/06. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted conceptual elevation. Said elevation has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The applicant shall provide a photometric plan for review and approval by City staff. All lighting fixtures shall be designed to prevent any direct reflection and / or glare toward adjacent uses and city streets. Lighting shall be directed at the ground and not out horizontally or toward the sky 4. No outdoor loudspeakers or paging systems shall be permitted. 5. There shall be no pennants, streamers, balloons, portable signs, or banners displayed on the site or the vehicles. . 6. Vehicles shall be parked within the designated display areas, and no vehicles shall be parked or displayed within any portion of any public right-of-way, or in any landscaped area. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Plans submitted with this use permit application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. "~~<:,'., ,J-:-;-',_""A' KAH PROPERTIES,LLC Agenda Item .17 . Pa~e 3 .... . ,',. '. ,....'__.h w,o \~ AERIAL OF SITE LOCATION 0"":"'<' KAH PROPERTIES,LLC Agenda Item 17 Pag~ 4 PROPOSED SITE PLAN ,<:,.>.....:;.'- ~ ""-" -, M,," ' ,,_"_ C" :> ":", C""." .' .' ,C_'_':',>"'_,,, .... .' ~ ~. .' ':.. .'.' -', ',- "'." :'-"'--':-<.' ,.'" :,.~.' KAH PROI?ERTIES,LLC Agenda Item 17 . I?age 5 PROPOSED BUILDING ELEVATION ZONING HISTORY 1 . 8/28/89 8/14/90 2. 10/14/97 2/27/02 3. 6/12/89 9/14/99 7/6/04 4. 1/23/01 5. 6/13/00 6. 6/11/02 7. 9/14/04 8. 4/24/89 6/10/04 CUP for Motor Vehicle Safes & Service Conditional Use Permit (Carwash) Conditional Use Permit Motor Vehicle Sales and Service Conditional Use Permit (Motor Vehicle Sales and Service) Conditional Use Permit Motor Vehicle Sales and Service Conditional Use Permit (Motor Vehicle Sales and Service) Conditional Use Permit (Motor Vehicle Sales and Service) Conditional Use Permit Motor Vehicle Sales and Service Conditional Use Permit Automotive Service Center Conditional Use Permit Motor Vehicle Rental Conditional Use Permit Motor Vehicle Sales and Service Conditional Use Permit Motor Vehicle Rental Conditional Use Permit (Communication Tower) Conditional Use Permit Bulk Stora e Approved A roved Approved A roved Approved Approved A roved A roved A roved A roved A roved Approved A roved 'v,.,.,.": KAH PROPERTIES,LLC Agenda ItEml 17 Pag~ 7 en a ig 'Q,..;:! tb I:} e~ ;:E'd: :;:E~ ::q;.!2 ~o12 ,g!! o ~ !~~ ~ a~~ 8-g!i3 ~~~~ g~.~~ .s,,<::a:~~ ---OQ ~~'~~ ..... 0-''0 Q -J_lo04") '" ~'~'fo" 3~ <> gEg -"~g ~i9 '~f;; !i ....;e ~!~ - > ~QO 1:00 i!!E.. .g g'8 'S"ii)-1 CU!~ lIoot-!QC:: "gc: 11 a Q ~ ~s ei""rn Ii""" "..:5 ~Q.W 'E :13toc ~~.:..: .go~5? o,~--n !i-~~ ;<:-:::0<< ~"52C'i1J "5'; a; (:) '(00-:::'''8 .g2'gu ~Uc:= ~~'e~ &gU ~= 0 C$: -= :1..._ o ~e ~i!i '" eo~ <.J>"'::::: DISCLOSURE STATEMENT 00 Eo.... 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'?J -~E ~ -0:- .. .:::; ~ ~ ~-'" ~ a-&= L:i. ~~B~ ;;~ a~_~...J z U:::: 5- ~~ '" '" <lJ c '~ E 1:1 .$ :s~- S~ ...,. <:J z:.<t I~ 1.c: ~~ ~s. ei ~,g :.:-~ ~ a" t -et <1;; ~-=- ~--~ ;: ,9- ~L:c 1$;9 "'0 r.:;,: 5~ ,:-j 1 ~ =. -.st. ~ ::i. E '" ~ t: ('!l Q. .2 d (; e- o v " \-. 0'" c:g I'l.~ -<= em ~: Q j,/~ ..._ 0 ~~ QiE :::'0 -Q, "';:0 Q <.1 Q.~ ;;:c .x ::> 0- " '" 8~ [) d. c::s;. 1~1! ~ ~ ~ ,""'^ , ,~ ~ 10':> ~ 'w 2 1 2. g ~ 8- 8 '" ..... 1:) <:... :?l_~ o~ .~.~: '-'0 ;2:'0 ~~ '2 Q ;~ -Eo ",g ~'?: .~ ~ .~~ Bo o '0" ,/", '0,( .......,.. " ....-,-_._,,.... "'"'''---,'",.:'' KAH PROPERTIES; LLC Agenda Item 17 P~ge 8 Item #17 KAH Properties, L.L.c. Conditional Use Permit 3222 Virginia Beach Boulevard District 5 Lynnhaven August 9, 2006 CONSENT Janice Anderson: The next application is item 17. It is KAH Properties, L.L.c. It is for a Conditional Use Permit for motor vehicle sales and service on property located at 3222 Virginia Beach Boulevard in the Lynnhaven District. Billy Garrington: Thank you Ms. Anderson. Ladies and gentleman of the Planning Commission, for the record, I'm Billy Garrington, here today on behalf of the applicant, KAH Properties. In the staff write up you will find six (6) conditions that are attached with this Conditional Use Permit request, and we are in total agreement with those six (6) conditions. = Janice Anderson: Thank you Mr. Garrington. Is there any opposition to this application? Again, Mr. Ripley will explain. Ronald Ripley: The Commission also felt this was an appropriate item to be placed on consent. It is a redevelopment of a commercial property. It is an expansion of the Hall Auto business that is on Virginia Beach Boulevard, and it is a compatible building. He has built similar style buildings of similar quality, and it is an expansion of those buildings. It is just a good, logical, natural use of the property. So, we placed it on consent. Janice Anderson: Thank you Mr. Ripley. I make a motion to approve consent agenda item 17. Barry Knight: There is a motion on the floor to approve this consent agenda item. Do I have a second? Dorothy Wood: Second. Barry Knight: A second by Dot Wood. Is there any discussion? Call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON BERNAS CRABTREE AYE ABSENT AYE Item # 17 KAH Properties, L.L.c. Page 2 HENLEY KA TSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE ABSENT AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 17 for consent. = Map 1-12 M" Not to Sc"le Conditional Zoning Change from AG-2 to )-2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Dr. Alan Mahanes - Change of Zoning District Classification, 2513 North Landing Road (DISTRICT 7 - PRINCESS ANNE) MEETING DATE: September 12, 2006 . Background: Application of Dr. Alan Mahanes for a Chanqe of Zoninq District Classification from AG-2 Agricultural District (Historic and Cultural Overlay) to Conditional 0-2 Office District (Historic and Cultural Overlay) on property located at 2513 North Landing Road (GPIN 1494717090). DISTRICT 7 - PRINCESS ANNE . Considerations: The applicant requests a change of zoning for this property to allow the development of a 4,500 square foot one-story office building. The majority of the building will be used for a dental office, with the remainder of the square footage available for lease. The building is designed to reflect the rural clapboard-sided buildings found within this area of the city. The proposal meets the guidelines of the Historic and Cultural Overlay District and the land use policies outlined in the Comprehensive Plan for non-residential uses in the Transition Area. The plan provides 50 percent open space, a majority of which has been left in a natural state. A multi-purpose trail along North Landing Road will be provided, to be shown on the site plan submitted to the Development Services Center after coordination with the City's Department of Parks and Recreation. The proposal is compatible with adjacent properties. The exterior building materials, colors, and rural vernacular design reflect the architectural character found in the surrounding area. The Planning Commission placed this item on the consent agenda because it meets the recommendations of the Comprehensive Plan, is compatible with adjacent properties, staff recommended approval, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve the request as proffered. Dr. Alan Mahanes Page 2 of 2 . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ CiIYManager:~ K .~~ ChanQe of ZoninQ District Classification from AG-2 Agricultural District to Conditional 0-2 Office District DR. ALAN MAHANES Agenda Item 1 August 9, 2006 Public Hearing Map 1-11 Moo Not to Sco]e Staff Planner: Karen Prochilo REQUEST: ADDRESS I DESCRIPTION: Property located at 2513 North Landing Road. GPIN: 1494717090 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 2.45 acres The applicant proposes to rezone this property for development of a 4,500 square foot one-story office building. The majority of the building will be used for a dental office with the remainder of the square footage available for lease. The building is designed to reflect the rural clapboard-sided buildings found within the vicinity. SUMMARY OF REQUEST LAND USE AND ZONING INFORMATION EXISTING LAND USE: Rural residential site SURROUNDING LAND USE AND ZONING: North: . Across North Landing Road is a rural residential site / AG-2 Agricultural District . Undeveloped farm land / AG-2 Agricultural District . Undeveloped farm land / AG-2 Agricultural District . Single-family rural residential and undeveloped land / AG-2 Agricultural District and 0-2 Office District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: A majority of the site is treed. This property is within the Historical and Cultural Overlay District surrounding the Municipal Center. ,':.>-,,"" -:: ",,> ">,,:" DR. ALAN MAHANES . Agenda Item 1 .... Pag~1 AICUZ: The site is in an AICUZ of Less Than 65 dB Ldn surrounding NAS Oceana and NALF Fentress. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): North Landing Road is a two lane minor suburban arterial. There are no plans in the current CIP for improvements to this section of North Landing Road. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume North Landing 8,604 ADT 1 15,800 ADT (Level of Existing Land Use"- Road ( 200'6) Service "C") 1 0 ADT 17,100 ADT 1 (Level of Proposed Land Use 3 - Service "D") 163 ADT 1 Average Dally Tnps 2 as defined by agricultural zoning 3 as defined by 4500 SF offices WATER: This site must connect to City water. There is a 16 inch City water main in North Landing Road fronting the site. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 636 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 inch City gravity sanitary sewer main in North Landing Road fronting the site. FIRE: No comments at this time. A more complete review of the site plan will be done during detailed site plan review. SCHOOLS: Not applicable. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers provided below. : .::._,;,;.,~. , . . DR. ALAN MAHANES Agenda Iteml . Page 2. Comprehensive Plan: The Comprehensive Plan designates this area as being within the Transition Area / Princess Anne. The land use planning policies and principles focus strongly on promoting this area as a well-planned, low density, fiscally sound and desirable destination for people to live, work, and-play. "The policies of this Comprehensive Plan have been designed to ensure that the Transition Area continues to be a well-planned area. Employment, mixed use, and residential centers, each with its own open space and trail system, will be clustered along and connected to the public greenway offering a variety of quality home and work environments." (p. 143) Evaluation: The applicant has provided a proposal that meets the guidelines of the Historic and Cultural Overlay District and the land use policies outlined in the Comprehensive Plan for non-residential uses in the Transition Area. The proposal is compatible with adjacent properties. The exterior building materials, colors, and rural vernacular design reflect the architectural character found in the surrounding area. The plan strives for the minimum 50 percent open space, a majority of which the applicant has left in a natural state. The applicant's representative has indicated a multi-purpose trail along North Landing Road will be provided, to be shown on the site plan submitted to the Development Services Center after coordination with the City's Department of Parks and Recreation. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (~1 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL SITE PLAN MAHANES OFFICE BUILDING North Landing Road, Virginia Beach, Virginia", prepared by Gallup Surveyors & Engineers, Ltd., dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled "MAHANES OFFICE BUILDING", prepared by Lyall Design Architects, dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from the adjoining property. DR. ALAN MAHANES Agenda Item 1 Page, 3 PROFFER 4: Any freestanding sign shall be monument style, no greater than six feet (6') in height with a base matching the material on the exterior of the Office building. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated April 28, 2006, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. / .,;, DR. ALAN MAHANES . Agenda Item 1 . ..Pag~4 :';"" '^~";"""'.-'-'/';" AERIAL OF SITE LOO~if:jq~:i DR. ALAN MAH.A.~ES AgendaJt~fnl e~g.~5 "- " " " ~~i 5!~ }..i~: ~i;:! "'.1 gi ~U D.- :f ~ ~ '2 ~ ! l;! oE ~~ ~H b I 0 :z:" is'' ~ i!: ~ :z: I / / 0 >- ... / ... ~. i5 l 0 ::E ;lO ...~ ::> ~ ~.~ lj~ lj ~ ::I ~ fj1~ ~l:f fi~ f 085 t~ ~~ ~'" f~ ...'" PROPOSED SITE PLAN\<c~:, r", ' ,'.'_ .,' _ , ;:: 'c-o,,; ~;", .. " ,. ,,: ,-:-:>,; DR. ALAN MAHANES Agenda ItE)m 1 . Pc:lge 6 ,.-c:'. "~c.-'.'. "':":<::"'" _.~ ! 11-1- C,j z - 0 ~ - 0( :::> - a: Z - ... j:Q ::; ..... ~ =:: - \0 ::; ~ > 0 z 0 - u . N a: = - '" - :.; '<t 0 ~ <( N ::.l ,..l Z ~ = - w a: a: 0 < c.. W - < ;- Z - CZ1 r.r. .... ~ a: - Z > -< :::t: -< ~ .-->;""..,;.."'" " " ..... .....,:,.. PROPOSED BUILDIN&fEWEXi4~~ES '.Agendalt~p,1 . g~g.~7 Map 1-12 Me Not to Scele 1 2 3 08/24/04 03/09/04 07/03/01 09/09/97 OS/25/99 4 5 05/09/95 11/10/86 OS/24/94 02/08/94 6 7 'ARCEL IS NOTlN HI CULTURAL D/STR B-IA 4 [9] Conditional Zoning Change from AC-2 to )-2 Granted Granted Granted Granted Granted Granted Granted Granted Granted ZONING HISTO~!f,':;'" ' ,.,.',', " ',,_;.:",'/ "N..:,';.,',."'- ,"" -, -,.. .....,... ...... ,.",,^ DR. ALAN MAHANES Agenda Item J Page 8 tS"a <l>~_ !; - ~.!s E o..!' ~ 0 ~ e:~ 500 't:, ,\oN i In 8 .. e-tS ~~l e'- ~ ~ 1l 5 t~ ~9-~ <l> <= j~5 -"'01 ='E"'ll!l <11- ]1"g>","O.9!<ll",g .. ..'O~ !l ~~ o!=~~S!E:=~';; I.... ~~i 'i'" ti:'?;-~!!~~l5:!!~Olc '"ci '-"~<ll-C~7/i""- >.~ m! ~ !G 8 ~ ~ fl> if;E g>'O .go~ 5-> ~~;:ajll~~~~ 'S; a... .E-~~ 0') e! g> i!E~ Q;7/i-- ;;; ..l!! ~ w2-o-:> ;';E~oll..& jijU ~jii "" ~g'-, ~~i~f~~:u~1 Cl)15~ .g ~~~ 9g:... . :; :vat.. <<IOcn= t>>(I.....~ .. 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"'-.70.5< i\ f ~ f tJ ( ~ I~ g: , .. :is c ~~5. - i fii~f,g ! 1f~i1C1 ~~i - ~.::~,t~ 'lk"'w..". ~:~ I:.~ -a i" r"~ ~ '" ! j ~ ! ~ Q. i' i .. ! i ~ is .. j j I I NOI1VJnddV 9NINOZmI1VNOI1I<INOJ I- Z IlJ ,;; W ~ t;; IlJ a: :> en 9 o en is ." .fA" 'lOt"' I g e e '5 ~ ~ ~ ~ ~ l:!f ~ :;1111 15 8,~ : ..Igll>~ ~~ ~~ ...- l!l ~ :z~ =", ()~ .' E~ ~ ~ g>j ~ a. .l~~ <6:g-a~ li.~ 8!~~ ,~~l~ cB ~Q) ill) ~e" - ~ =g!!~ ~ ~lS=C: .. "c3i1> .::IE G)cc...Jo.. c: e g'..,; . ~ b ;> c; .. :l l'~ III -i;~ i~ .g~ ~~ e~ !.~ ;i ,!= -~ ~.. ..! I~~ I~! 1'iO := ;i -J.... ~ N Z l5 ~ ! .'" E g "" ci: i Q. f ! E -e1S l!! i~ B w~i ! ClI:elll .. ~~.B "5~ 9- - "'I ~.e~~~~ iS~'~'i <Il '" ClI:...os.95'" Ii Ii Ei ~€'\i!J~ ClI: l!.~'5.S lfiia~~ i~8j:g! a.t;i I~- i I ti j ~ti [~ ~ ~ 0 &~ j ~ -a l5.g1il ~ ::IE ~1 c::;.::. c G='g..; ~ b := C 41 :! 4> c: '10 E jl .!!! ~~ lsi -ii i'" ~~ ~~ I~ ....... ~5 ,!.- -I ~. ..:5 !s ~~ !~ "'." - .. .!!l Q; .....~ ~ N Z ~ .. c: '0; E E' ~ f [ 6' "" e 8- 8 0: I>- o 2' ,!2 ,g i~ Ii I i'g ~ ~}1 ~ !~ ~ ~ 0 r... j I i!:~ pi; ~H DISCLOSURE ST AJ:eJ\.ll,eN?r'~,' " :'" _..,....,.-,.'-, DR. ALJ~j\J MAHANES . Agenda Item 1 Page 9 8 I 8 CD Sg 2"" tn~ :eE 15E> =0 ~~ !~ -8- 'e!5 =,~ r:c: ~~ ,;e'::; Uo IS! Item #1 Dr. Alan Mahanes Change of Zoning District Classification 2513 North Landing Road District 7 Princess Anne August 9, 2006 CONSENT Barry Knight: The next item will be the consent items, and the Vice Chair will handle this portion of the agenda. Vice Chair, Jan Anderson. Janice Anderson: Thank you Mr. Chairman. There are seven items on the consent agenda this morning. The first item is agenda item 1, Dr. Alan Mahanes. This is for a Change of Zoning from AG-2 Agricultural to Conditional 0-2 Office on property located at 2513 North Landing Road, Princess Anne District. Is there a representative? = Bill Gambrell: Mr. Chairman, Ms. Anderson and members of the Commission, my name is Bill Gambrell. I'm a local land planner and I represent the applicant. This is a conditional application that has proffers associated with it, and all of which are acceptable to us, and I understand to you as well. Thank you very much. Janice Anderson: Thank you. Is there any opposition to this application? The Chairman has asked that we have Al Henley review this application for us. Al Henley: This applicant proposes to rezone this property for development of a 4,500 square foot one story office building. The majority of the building will be used for a dental office with the remainder of the square footage is available for leasing. The building is designed to reflect the rural clapboard-sided buildings found within the vicinity. The majority of the site is treed. This property is within the Historical and Cultural Overlay District surrounding the Municipal Center. The site is an AICUZ of less than 65 dB between Oceana and Fentress Airfield. Staff recommends approval of this request. Janice Anderson: Thank you Mr. Henley. Mr. Chairman, I make a motion to approve consent agenda item 1. Barry Knight: There is a motion on the floor to approve this consent agenda item. Do I have a second? Dorothy Wood: Second. Barry Knight: A second by Dot Wood. Is there any discussion? Call for the question. Item #1 Dr. Alan Mahanes Page 2 ANDERSON BERNAS CRABTREE HENLEY KATSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE 9 AYE NAY 0 ABSO ABSENT 2 ABSENT AYE AYE ABSENT AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 1 for consent. = I ;,., . .." If /.., .......................~ ~;\'NlA.. BE.,.i~:i . s.~~~'~~ C--'Y.~ r~ .if!'.~~.ll\ lt~ 'P~ r~' -'-'lB'~":.! ~ (O~Jft;<:", /' ..... ",~ ~ . ".". ""'~"IO, .. .' . . . '." '.-'" '.' , '!,;;": . '..-,....ji;,... (I--,~ ~:" ~z.> <uf , :'. :;:>; t . t :?'~~':.'-. '. ~T- ":;t;- .'; '\ <;. \-~'-:- ..t 1;,} .\. ~ ".'~ ". ,i;>. ~o ill! .~ ..;:,., ~ ~ ff'-'tt~ , 'To?' - '0<'; +.r '" . "-~,. OUI! N"''t'~'''''' ~'I,-..........."o( City of Virginia Beach DEPARTMENT OF PLANNING (757) 427-4621 (757) 426-580 I (DIRECTOR) (757) 563-1762 FAX OPERATIONS BUILDING, ROOM I IS 2405 COURTHOUSE DRIVE MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9019 July 12, 2006 Mr. William Gambrell Right Coast Consulting 207 23rd Street Virginia Beach, Virginia 23451 = RE: Certificate of Appropriateness #04-06 - Proposed Office Building in Courthouse H/C District -located on 2513 North Landing Road ,-;--1?<<r~~...(j",:~,~' Dear Mr. Gambrell: In accordance with the Historic Review Board's recommendation, your request for a Certificate of Appropriateness (COA) for development of an office at 2513 North Landing Road (please see attachment) has been approved. The approval applies to the following attached exhibits: The brick will red with gray mortar. The siding will be of two colors and styles; gray prefinished (cobble stone) shingle siding at the upper portion and light blue prefinished horizontal siding for the lower portion. Both sidings will be of a material similar in quality as Hardiplank. The trim, handrail and PVC trim board separating the sidings will be white. · Shingles will be black/charcoal color architectural roofing shingles. · The mechanical equipment will be hidden. Signage, lighting and landscape plans are subject to review by the HRB. Mr. William Gambrell COA for Dr. Mahanes' Office July 12, 2006 Page 2 Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this certificate of appropriateness application may require revision during detailed site plan review to meet all applicable City Codes. Any substantial revision will require a resubmission for a certificate of appropriateness. If we can be of further ;3$sistance, please contact Robert Davis of my staff at 427-8613. Sincerely, (~,t~~-fO~ Robert J. Scott Planning Director ftrP, ;) ~J J- Sed! = RJS/rd Enclosures c: Current Planning CITY OF VIRGINIA BEACH' INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6472 DATE: August 23, 2006 FROM: Leslie L. LiIl1Y 'i l0 B. Kay WilSO~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application: Dr. Alan Mahanes The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 12, 2006. I have reviewed the subject proffer agreement, dated April 28, 2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW lals Enclosure cc: Kathleen Hassen ALAN W. MAHANES TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 28th day of April, 2006, by and between ALAN W. MAHANES,. Grantor; and THE CIlY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.59 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultural District to Conditional 0-2 Office District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that ",ill be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 1494-71-7090 PREPARED BY: ft3 SYKES. ROURDON. at AIlrnN & LM. P.c. 1 PREPARED BY: ~ SillS. ROURDON. 0] AHrnN & UVY. P.c. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed' amendment to the Zoning Map with respect to the Property, the following reasonable conditions .related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL SITE PLAN MAHANES OFFICE BUILDING North Landing Road, Virginia Beach, Virginia", prepared by Gallup Surveyors & Engineers, Ltd., dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled, "MAHANES OFFICE BUILDING", prepared by Lyall Design Architects, dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 4. Any freestanding sign shall be monument style, no greater than six feet (6') in height with a base matching the material on the exterior of the Office Building. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. 2 PREPARED BY; ~ SYKES. ROURDON. _ AHrnN & liVY. P.c. All references hereinabove to 0-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning . Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and 3 PREPARED BY: ~,m SYKrs. ROURDON. DJI A1IrnN &. llVY. P.c. (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 PREPARED BY: gm SillS. ROURDON. ~iI AlJrnN & 1M. P.c. WITNESS the following signature and seal: (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: I~ The foregoing instrument was acknowledged before me this ~ day of May, 2006, . by Alan W. Mahanes, Grantor. ~ Notary Pub.c My Commission Expires: 5 PREPARED BY: ~ sms. ROURDON. m AIIrnN & LM. P.c. EXHIBIT "A" All that certain piece or parcel of land, with the buildings- and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, containing 2.529 acres, and shown on that certain plat survey entitled "PHYSICAL SURVEY PART OF PROPERTY OF PAULW. SAWYER" dated October 8,1975, and made by Bruce B. Gallup, C.L.S., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1530, page 182, and bounded and described as follows: Beginning at a point marked by a pipe on the South side of North Landing Road, which point is 509 feet East of West Neck Road as measured along North Landing Road; thence along the South line of North Landing Road North 75030' East 330.9 feet to a point; thence. South 170 09' .20" East 411.0 feet to a point in a ditch marked by a pin; thence along said ditch North 720 07' 14" West 348.97 feet to a point marked by a pin; thence continuing along a ditch South 610 18' West 99.60 feet to a point marked by a pin; thence continuing along said ditch South 240 28' West 39.60 feet to a point marked by a pin; thence continuing along said ditch South 790 28' West 29.59 feet to a point on the line of the property now or formerly belonging to WASSMER, which point is marked by a pin; thence North 170 50' East 108.77 feet to a point marked by a pin; thence North 030 01' 02" West 188.73 feet to the point of beginning. LESS AND EXCEPT that portion of the aforementioned property acquired by the City of Virginia Beach in Certificate of Take No. 1601, Order of the Circuit Court of the City of Virginia Beach dated July 25, 2002, recorded as Instrument No. 200208013010713 and described as 1489 Sq. Ft. (0.034 Acre) Take Area; and 20766 Sq. Ft. (0-477 Acre) - Proposed Permanent Drainage Easement, situate in the City of Virginia Beach as more particularly shown on that plat entitled "PARCEL 015 PLAT SHOWING PROPOSED RIGHT OF WAY AND EASEMENT TO BE ACQUIRED FOR NIMMO PARKWAY/WEST NECK ROAD IMPROVEMENT CIP 2-090 FROM PAUL W. SAWYER JR. AND LUCY N. SAWYER", dated March 5, 2002, Scale 1"=50', prepared by Precision Measurements, Inc., said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 200207223004759. GPIN: 1494-71-7090 ConditionalRezonejMahanesjProffer 6 Conditional Zoning Change: from R-5D to A-24 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Kemp Enterprises, Inc. - Change of Zoning District Classification, Bonney Road, east of Kenley Road (DISTRICT 2 - KEMPSVILLE) MEETING DATE: September 12, 2006 . Background: Application of Kemp Enterprises, Inc. for a Chanqe of Zoninq District Classification from R-5D Residential Duplex District to Conditional A-24 Apartment District on property located on the south side of Bonney Road, approximately 540 feet east of Kenley Road (GPINs 1477009836; 1477009521; 1477100757; 1477101774; 1477101694). DISTRICT 2 - KEMPSVILLE . Considerations: The applicant proposes to consolidate and rezone six parcels currently zoned R- 50 to A-24 Apartment in order to redevelop the site for townhouse-style condominium units with garages. The site plan depicts 55 units on a 5.87 acre site (after roadway dedication), resulting in a density of 9.37 units per acre, which is below the density allowed in the A-12 District. The applicant, however, is requesting A-24 zoning due to the fact that the lot coverage requirements under A-12 zoning will not allow for the design of larger townhouse-style units with garages. The development is designed around a small central park with walking paths, a pergola, unique entrance feature and attractive landscaping. The architecture of the multi-family units is more contemporary in design, with varying roof heights and building elevations that recede and project creating interesting shadow lines. The building materials are vinyl staggered shake siding above a first floor brick base. The roof material is an architectural grade asphalt shingle roof with a standing seam metal roof at the entrances on the end walls. The proposal is compatible with the predominant residential land use and densities found in the surrounding area. The proposal is in conformance with the Comprehensive Plan's recommendations for this area, as the density of the development is equivalent to the density of the surrounding area. There was opposition to the request. One of the issues of the opposition was the height of the building, as the A-24 Apartment District allows a maximum height of 45 feet. The applicant's representative informed the Planning Commission that the height of the buildings did not exceed 36 feet. The Planning Commission Kemp Enterprises, Inc. Page 2 of 2 concluded that height was acceptable and compatible with the adjoining single- family homes. After the Planning Commission hearing, the applicant's representative contacted staff and noted that, upon further discussion with the applicant's architect, an error had been made, and it had been determined that the height of the building did indeed exceed 36 feet. The applicant and staff, therefore, concur that this matter should be referred back to the Planning Commission for further consideration. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve the request as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends referral back to the Planning Commission. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ CilyManager~\~ .~~ REQUEST: Conditional Zoning Change: from R-5DtoA-24 Chanae of Zonina District Classification from R-5D Residential Duplex District to Conditional A-24 Apartment District. KEMP ENTERPRISES, INC. Agenda Item 4 August 9,2006 Public Hearing Staff Planner: Karen Prochilo ADDRESS I DESCRIPTION: Property located on the south side of Bonney Road, approximately 540 feet east of Kenley Road GPINS: 14770098360000; 14770095210000; 14771007570000; 14771017740000; 14771016940000; 14770078400000 - portion of COUNCIL ELECTION DISTRICT: SITE SIZE: 2.- KEMPSVILLE 6.2 acres total before R.O.W. dedication 5.8 acres total after R.O.W. dedication The applicant proposes to consolidate and rezone six parcels currently zoned R-5D to A-24 Apartment in order to redevelop the site for townhouse-style condominium units with garages. The site plan depicts 55 units on a 5.87 acre site (after dedication), resulting in a density of 9.37 units per acre, which is below the density allowed in the A-12 District. The applicant, however, is requesting A-24 zoning due to the fact that the lot coverage requirements under A-12 zoning will not allow for the design of larger townhouse-style units with garages. SUMMARY OF REQUEST This multi-family development is designed around a central park with walking paths, a pergola, unique entrance feature and attractive landscaping. . The architecture of the multi-family units is more contemporary in design, with varying roof heights and building elevations that recede and project creating interesting shadow lines. The building materials are ....,,'~- '~ :'" .-,; ;;',<~>-"~: , ,,/~,. y ':~,~ <.." ~.-.,~ . '.-". M .,.,..,.;. KEMP ENTERPRISES :(f.gendaJ~~~.4 ~~g~._;J vinyl staggered shake siding above a first floor brick base. The roof material is an architectural grade asphalt shingle roof with a standing seam metal roof at the entrances on the end walls. LAND USE AND ZONING INFORMATION EXISTING LAND USE: One single-family residential dwelling and undeveloped site. SURROUNDING LAND USE AND ZONING: North: · Across Bonney Road is County View Trailer Park and a proposed residential development / A-12 Apartment District and PD-H2 Overlay (A-12) · Single-family dwellings fronting on Kenley Road / R-5D Residential Duplex District . Single-family dwelling fronting on Bonney Road / R-5D Residential Duplex District · Single-family dwelling fronting on Bonney Road / R-5D Residential Duplex District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The rear of the site is partially wooded. There are no significant natural resources or cultural features associated with this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road in the vicinity of this application is considered a two-lane undivided local street. The Master Transportation Plan proposes an undivided facility within a 70 foot right-of-way. No Capital Improvement Projects are slated for this area. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Bonney Road 4,915ADT 6,200 ADT I (Level of Existing Land Use ~ - (2005) Service "C") 188 ADT 9,900 ADT 1 (Level of Proposed Land Use 3 - Service "D") CAPACITY 322 ADT Average Dally Tnps 2 as defined by R-5D zoning 6 acres 3 as defined by A-24 Zoning - 55 units . This site falls within the limits of the Pembroke Area Transportation Study and may be affected by transportation facility recommendations. Public Works Engineering/Project Management will review this plan and provide comments related to right-of-way dedication requirements during detailed site >e,:<.,.,,/;-" ";;,~<^-<i.",,.~,~; ,. " ,:'., ;;~._.S:: > \"t'..: \ '. ;;.,.;:.x~ / .h'~ ""'''~ '.- .'; ~':'>''''';::'~~'~;'~~'''''-'"./,,; ~/ ~ ",;::.::< KEMPENTERPRl~ES :~gendal <(, 4 2 >- <;.," -<'~,.<' < plan review. . The Cornerstone development to be located across Bonney Road from this proposed development is currently in the design stage. The proposed Kemps Gate entrance location and design must be coordinated with the Cornerstone entrance on Bonney Road and the Kemps Gate entrance may be required to be shifted accordingly. - . Sight distances must be verified according to the City of Virginia Beach Public Works Standards at the proposed entrancelocatioll along Bonney Road. If the sight distance requirements cannot be met, the entrance may need to be relocated. . A one foot no ingress/egress easement will be required along the Bonney Road frontage. WATER: This site must connect to City water. There is a 10 inch water main that reduces to a 6 inch water main in Bonney Road fronting the site. SEWER: There are no City gravity sanitary sewer mains fronting this site. City gravity sanitary sewer is available in Kenley Road. Private grinder pumps and force main connecting to the force main in Bonney Road may be an option. Sanitary sewer calculations and pump station analysis for receiving pump station is required to determine if projected flows can be accommodated. Pump Station upgrade fees may apply. FIRE: . A complete review will be done during detailed site plan review through DSC. SCHOOLS: School Current Capacity Generation 1 Change 2 Enrollment Point O'View Elementary 488 648 8.1 3 Larkspur Middle 1767 1844 4.1 2 Kempsville HiQh 1989 1933 5.7 3 " . " generation represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers provided below. Comprehensive Plan: The Comprehensive Plan recognizes this site to be within Strategic Growth Area 4. This site is located along the periphery of one of the sub-areas found in Strategic Growth Area 4. This sub-area, known as Bonney Road West Corridor, is centrally located within the city along 1-264 and Virginia Beach Boulevard near key interstate roadway interchanges and is unencumbered by AICUZ high noise or accident potential zones. The Bonney Road West Corridor (South of 1-264) continues to grow economically, and :-/'",,;''''-'-'' 7~'" , "? r:"'~- "."<; V'V " _',.",,/ . ''',,~ " ,~:,". ~'<~~~j, ';;'>c<'V has the potential as a major new development and redevelopment area. Significant public and private investments have been targeted within this,general area.' Developments within close proximityto the Bonney Road West Corridor should demonstrate exceptional quality inthe areas of site planning and building design. Bonney Road West is recommended for mixed use development including medium and medium to high intensity uses. Emphasis should be placed on providing exceptional architecture and site design with attractive landscape treatment. . Evaluation: The proposed 55 townhouse units are compatible with the existing predominately residential land use and densities found in thesurrou'1ding area. The proposal is in conformance with the Comprehensive Plan's recommendationsfor this area, ,as the density of the development is equivalent to the density of the surrounding area. . . The requirement of the A~12Apartment District for a maximum of 40 percent lot coverage would prevent the applicant from providing the larger townhouse-style condominium units with garages. Thus, the applicant is proposing use of A-24 zoning since it will allow the proposed lot coverage of 51 percent. The proffers limit the density to that indicated 01"1 the site plan, 9.37 units per acre. The proposed exterior building materials arecorhplementary with the residential neighborhoods nearby to this property and exhibit the qual,ity called for by the Comprehensive Plan. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (9107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, the entrance, streets, landscaping, fencing and open space features shall be substantially in accordance with "Rezoning Exhibit of KEMPS GATE", pages 1 and 2, dated 01/12/06, prepared by Kellam - Gerwitz Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: Vehicular Ingress and Egress shall be via one (1) entrance from Bonney Road as depicted on the Conceptual Plan. PROFFER 3: When the property is developed, there will be no more than fifty-five (55) residential condominium units, each of which shall have a garage, within eleven (11) buildings as depicted on the Concept Plan. PROFFER 4: When the property is developed, the residential structures depicted on the Concept Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the three '>;~:':',":;~::~~, w~1' '--,~: '., ,'" '-", "'''k >"'',;, ::,.-> ' ,>".'-',>;:t _",}",:;~,' : >~:G~~\_. KEMP EtJTERPR . :'Agendalt 1", ..,' ',_ ,_. . . :;;~> (3) page exhibit entitled "Rezoning Exhibit of KempsGate", undated, prepared by Richard L. Grimstead, A. I. A. , which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project, its compatibility to the surrounding area, and consistency with the recommendations of the Comprehensive Plan.. The City Attorney's Office has reviewed the proffer agreement dated April 20, 2006, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact arid work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 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'-~"- ";Y ;" ,'~;~ '~':M M ~~ -~, KEMP .ENIERPR ; (~gendal Conditional Zoning Change: from R-5D to A-24 " 1 04/05/05 Conditional Rezoning from A-12 to A-24 with a PD-H2 Planned Development Overlay Granted 2 12/02/03 Subdivision Variance Granted 3 09/23/03 Conditional Rezonina from A-12 to R-5D Granted 4 11/10/98 Modification of Conditions Granted 12/09/97 Conditional Use Permit (church) Granted 11/18/97 Conditional RezoninQ from A-24 to R-5D Granted 1 0/08/96 Conditional Rezoning from R-50 to A-24 & Conditional Use Permit (fratemallodQe) Granted 5 04/09/96 Modification of Conditions Granted ZONING HISTO~^~<;r'i:~.i".>:><.. h~.;:..:';',-" '.'f<'.....'.' , "...,,~ .-.' ^-;.:""":"'>:~.::'-' "-','_'__' _.:;.,'__'_V"',;, KEMP~TEHPRl'ES 'Agenda I . . ,'," ',"^w <,~" ,- . . I- Z lJJ :E lJJ I- ~ Cf.l lJJ 0:: ;:) C/) o ....I (.) Cf.l is II !II. liOo<:='-;: :S "'", .~ ~.5! ..-... QOt; ~~:. 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Change of Zoning District Classification South side of Bonney Road District 2 ' Kempsville August 9, 2006 REGULAR Barry Knight: We will now open the public hearing portion of the Planning Commission. Mr. Strange, will you call the first item to be heard? Joseph Strange: Thank you. The first item is item 4, Kemp Enterprises, Inc. It's an ordinance upon application of Kemp Enterprises. Inc. for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional A-24 Apartment District on property located on the south side of Bonney Road, approximately 540 feet east of Kenley Road, District 2, Kempsville, with five proffers. Barry Knight: Mr. Bourdon. Eddie Bourdon: Thank you Chairman Knight and members of the Planning Commision, for the record, my name is Eddie Bourdon. It is my privilege to come before you this afternoon and represent Mr. George Kemp, and Kemp Enterprises on this application. As is set forth in a very thorough and accurate review by your staff, this is an assemblage of six parcels of property on the south side of Bonney Road. The property is acro.:.s from the redevelopment that is about to take place on the old trailer park site. The new development is called Wedgewood. This property is zoned R-5D. Mr. Kemp has gone around and assembled all the property that he could. He owned the bulk of it, and added some additional pieces in working with your staff, and we are now coming forward with this application for a Conditional Change of Zoning to A-24. However, it is a tightly proffered application that actually has a density of 9.37 units per acre, and that is calculated after dedicating a ten foot strip along the significant amount of frontage on Bonney Road for right-of-way improvements that will actually be made, and that is over 20,000 square feet of dedication at no cost to the city. The applicant will be putting in sidewalks and lighting along that section of Bonney Road as well as all of the development that is proposed on this piece of property. The density, as I said previously, is actually less dense than all of the multi-family residential that exists in the area, and that will be built across the street, which is far greater in density than this proposal. The elevations, and I apologize for these old school elevations. They really don't give us the sense of the architectural relief that is present here, because this is not a flat building by any stretch. If you look at all the elevations and really study them, because I know Mr. Waller can, there is a lot of pop out and back on these. It is anything but flat or one- dimensional. They have brick and cedar vinyl exterior on the units, and each unit has a 1 V2 or 2-car garage. Each unit is 2,500 square feet of living area or greater. Again, the Item #4 Kemp Enterprises, Inc. Page 2 = square footage is 2,500, excluding the garage areas. These units will jJe priced in the low $300,000, and again, will be an excellent addition to this market. It's got an extensive landscape plan that you have. We've used the BMP in theback as an amenity. We've got a trail around the entire BMP, which shows the improvements in the central areas, benches. We've got a pergola, and we've got a lot of stamped asphalt to increase the appearance, as far as the quality of appearance of the community. It is a nice entrance feature dividing the entrance feature with the water feature in the middle of the round- about at the entrance to the community. We certainly concur with staff s evaluation of this application and the recommendation of approval. We've also added something I forgot to mention. For public safety, especially fire, so that these units, as these entrances are at the ends of the end units facing Bonney Road, which is what our Comprehensive Plan has asked for, as far as the quality appearance along Bonney Road. The ability to get emergency vehicles, i.e., fire equipment around these buildings, provided by the use of these pavers that allow grass to grow through it, so this, even though it is shown here, in the dark color, this will be a grassed area, but it will be a surface that will support a fire vehicle if need be. You've seen them on a couple of other applications in the last twelve months. It is a good feature from a safety perspective. We proffered the type of fencing, and as I mentioned previously, all the building material on the buildings comprising the 55 units on 6.2 acres of property. I'll be happy to answer any questions that any of you may have. We can talk about the BMP. I don't know if the gentleman is here, or if that is anything you want to speak about at this point in time. Barry Knight: Any questions for Mr. Bourdon? Thank you. Eddie Bourdon: Thank you. Joseph Strange: Speaking in opposition we have Michael Thompson. Barry Knight: Welcome sir. Please state your name for the record. Michael Thompson: Michael Thompson. I appreciate the chance to speak today. I live at 256 Kenley Road, which is Lot 9 on the site plan. Barry Knight: There is a pointer right there. You can rip that off and press the button. Michael Thompson: That lot right there. When I first saw this plan a couple of weeks ago, I was really uncomfortable with the size and mass of these buildings. With one of them practically being right behind my property. I'm not really sure how the scale works out, but it is pretty close to my line, probably 16 to 20 feet. But as long as they are following the code and ordinances, I don't have any problem with them doing what they want to do. I'm not going to tell someone what they can and can't do with their property just as long as they are following the rules. But, I'm not a lawyer but when I look at the City Ordinances, I do find that Section 600 of the Zoning Ordinance talks about the A-24 and the A-36 areas as not being intended to create more area except for infilling where Item #4 Kemp Enterprises, Inc. Page 3 = those densities already exist. Now my problem is not a density proble_m. It's the size of the structure. The height. Section 604 talks about the A-12 and A-36 being a maximum of 35 feet high. The A-24 and A-36 are 45 feet high, which allows them to do the garage. My house is 28 feet tall to the peak. That is right next to that, and so are all the houses along that street. If you look at the other plan that covers the area, all the residences are all zoned A-12 or R-5, which also has a maximum of 35 feet. So, there isn't any structure in that area that compares in height to these structures. Also, when I look at the chapter in your Comprehensive Plan for the community appearance and design, it talks about the building mass and it says, "the mass or overall size in height of the structures should be appropriate to the surroundings". The proximity of this property behind mine, I don't feel that is. Like I said before, if these items were not in the ordinance, I wouldn't be here today. Now, I have no problem with him building what they want to do, but what we're asking for is basically an exception to the ordinance to create an A-24 that allows them to build higher. Additionally, I don't know if it much matters, I noticed that the landscape and buffering requires the 10 foot landscape, Category 4 between the two properties, between apartment and residential, and I don't see that there. Maybe the vinyl fence meets that requirement, but I'm not sure. While the plan looks nice as an upgrade, and nice fence and landscaping around the perimeter, I just oppose the large structure in the area. I kind of have a nice view of what we're developing in Town Center from my yard and through my window, and this is, and not that it's important, but that kind of blocks my view. The ordinance kind of protects my interest. Barry Knight: Thank you Mr. Thompson. Are there any questions of Mr. Thompson? He is the adjacent property owner. Thank you sir. Michael Thompson: Thank you. Barry Knight: Mr. Strange. Joseph Strange: That's all the speakers that we have. Eddie Bourdon: Mr. Chairman, I want to thank Mr. Thompson for coming down here. I wish we had a chance to speak previously. He has done his homework and he spoke very well. The one thing that I want to let him know is that the height of the building, and starting with the portion that is closest to him, the peak of the roof, which is not close to him. The end of the building is what faces his property. He was correct in terms of the distance. He is dead on with 16 to 20 feet. The height of the peak of the roof here, which is well back roughly about 24 feet back, that is 36 feet in height, just that peak. Everything else on these buildings is less than 35 feet. We are not using the A-24 to create a higher building than allowed in A-12. We're doing less density than A-12. The height of this section of the building here, which is the section of the building that faces the back of Mr. Thompson's house, is about 26 feet in height. It's less height than the height of his house. It steps up and it steps up again. The peak of this roof is 36 feet, one foot above the 35 feet as permitted in A-12. If this were a 40-foot straight huge building, Item #4 Kemp Enterprises, Inc. Page 4 you know, we would agree with him. 1'm confident that staff would intensify working with my client, going through this process. My client developed the property where Mr. Thompson lives in that home. So, he .has been sensitive or intended to be sensitive to those potential concerns, which would be the stepping up of the height and in keeping the buildings in line with the height of the area in total. On the back of Mr. Thompson's lot along with all the other homes that abut along Kenley, there is an existing six foot privacy fence that is wooden, and we would be adding directly adjacent to it a six-foot vinyl, no- maintenance privacy fence as well. Barry Knight: Thank you. Are there any questions of Mr. Bourdon? Mr. Bourdon, thank you for answering questions for Mr. Thompson. I hope that he now has a more clear picture. We know that staff has tried, with Mr. Kemp, tried to step some of these buildings down on this development as in most all developments that are around, because they are very sensitive to the height of the adjacent property owners. You did address the buffering. Are there any questions? Mr. Ripley? Ronald Ripley: Question. Mr. White? The recommendation as a A-24 for this particular project had to deal with the lot coverage. Stephen White: Correct. = Ronald Ripley: Do the proffers hold the density to less than 1O? Is that correct. Stephen White: Exactly. You basically have an A-12 project with A-24 zoning so that it could have the lot coverage that you see. Ronald Ripley: For the larger more pricier development. Stephen White: It's a problem that we have been having lately with a new product. The market has changed since the zoning ordinance was written. Sometime, in the next year, we are going to get around to addressing these issues, but this is the third or fourth time we've had an applicant go the next highest apartment zoning district because of lot coverage issue or the height issue. Either one. Eddie Bourdon: Mr. Ripley, if I could add. I think, with all due respect, it is probably getting up to double figures that we have had applications come in solely because of lot coverage. The 40 percent of lot coverage in A-12 only allows you to do, basically you're building small flats over each other, lower quality type of units. I also wanted to point out that these are definitely high quality, but the pricing on these units are, and I won't say cheap by any stretch, but he's keeping the prices in an area $300,000 to $320,000 that is no way out there like a lot of the houses on the market. Ronald Ripley: It it is in the low $300,000, it is just starting to get above that affordability threshold. It is right there on the edge. Item #4 Kemp Enterprises, Inc. Page 5 Eddie Bourdon: That is correct. They are high quality units with spa~e and garages. Barry Knight: Are there any other questions for Mr. Bourdon? Thank you. I close the public hearing portion of this and open it up for discussion. Is there any discussion? Do I hear a motion? Mr. Ripley? Ronald Ripley: I make a motion to approve the application. Henry Livas: Second. Barry Knight: There is a motion on the floor to approve agenda item 4, Kemp Enterprises, Inc. The motion was made by Ron Ripley and seconded by Henry Livas. Is there any discussion? Call for the question. AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE = KATSIAS KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved the application of Kemp Enterprises, Inc. Page 1 of 2 Karen Prochilo From: Michael DeSimone [teachemwell@msn.com] Sent: Monday, July 31, 2006 10:39 AM To: Harry E. Diezel Cc: Karen Prochilo Subject: Kemp Enterprises, inc. Change of Zoning district R-5D to A-24 Photo E-mail Dear Mr.Diezel Play slideshow I Download imaaes As per my conversation with Karen Prochilo, on 7/31/06, I have issues concerning the current BMP, located on my property at 260 Kenley Road, Va. Beach, VA. 23462. (lot 10 of Kemps Cove) project constructed by Kemp Enterprises, inc. several years ago. In the 3 years my wife and I have lived here, this BMP has not been able to contain water on dry spells, it is always dry with mud, mold and bacteria in the summer and is a breeding grounds for mosquitoes, I believe it to be, a serious health issue for our community. On the other hand, when we get lots of rain and it fills up, the overflow tower is inadequate, it does not drain the water level down. I was literally outside in the last down pour scraping debris with a rake, off the top grate of the tower and to no avail, the water level continued to rise and elevate very close to the foundation of my house. Currently I have a servic~ work order #301409, requested by a Mr. John Paxon, but as of several months gone by,no one has been out to look at the BMP and or contact me. = My wish is that, all persons involved agree to and decide that, my BMP, located on my property at 260 Kenley Road, be connected underground to the new proposed BMP (see PLANS by Kemp Enterprises, inc.) Kemps Gate off Bonney Road, and the old BMP on my property be filled in and just disappear, yet still be functioning underground in conjunction with the bigger better BM~ on the new proposed site. This will greatly benefit the entire community and allow for a healthier happier environment. Also, let us address the inadequate street lighting issue at this time, We in the community would like to see a additional street light in between the two vacant lots on Kenley road, as part of the Kemp Enterprises, inc., project that is now Kemps Cove, he should have been requested to follow the street light pattern all the way down to the end of his project, is this not something the contractor is "Bonded" by the city to provide? I will be more than happy to meet anybody, willing to come out here "on-site" at 260 Kenley Road, to explain in further detail our issues concerning the BMP and street light issue. Thank-you BMP-overflowing water level rising Dry BMP- smelly Page 2 of2 to my house moldy and dirty Michael S. DeSimone 260 Kenley Road Va. Beach, VA. 23462 757-497-0112 office 757-636-0202 cell This MSN Photo E-mail slideshow will be available for 30 days. To share high quality pictures with your friends and family using MSN Photo E-mail.join MSN. = CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6214 DATE: August 23, 2006 TO: FROM: Leslie L. Lilley B. Kay Wilson ~\)j DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Kemps Associates The above':'referenced conditional zoning application is scheduled to be heard by the City Council on September 12, 2006. I have reviewed the subject proffer agreement, dated April 20, 2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW lals Enclosure cc: Kathleen Hassen PREPARED BY: ,",m SYKES. IWURDON. mil AIlrnN & liVY. P.c. KEMP ENTERPRISES, INC., a Virginia corporation SOPHIA E. CHRISTIAN TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 20th day of April, 2006, by and between KEMP ENTERPRISES, INC., a Virginia corporation, party of the first part, Grantor; SOPHIA E. CHRISTIAN, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of that certain real property located in the Kempsville District of the City of Virginia Beach, containing approximately 1.044 acres as more particularly described as Parcel 6 in the attached Exhibit "A". Parcel 6 and the other parcels as hereinafter described are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the first part, as the Contract Purchaser of Parcel 6 and the Owner of five (5) additional, contiguous parcels of land located in the Kempsville District of the City of Virginia Beach, containing approximately 4.958 acres as more particularly described in Exhibit" A", which is attached hereto and incorporated herein by reference (the "Property") , has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-5D Residential District to Conditional A-24 Apartment District; and GPIN: 1477-10-1694 1477-10-1774 1477-10-0757 1477 -00-9836 1477 -00-9521 1477 -00-7840 (Part) 1 PREPARED BY: ~IB SillS. ROURDON. 1111 AIIrnN & llVY. P.c. WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zonmg and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions goveming the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-24. Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its goveming body and without any element of compulsion or Quid pro QUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govem the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, the entrance, streets, landscaping, fencing and open space features shall be substantially in accordance with the "Rezoning Exhibit of KEMPS GATE", pages 1 and 2, dated 01/12/06, prepared by 2 PREPARED BY: ~m sms. ROURDON. mil AlIillN & nvy. P.c. Kellam-Gerwitz Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department' of Planning ("Concept Plan") . 2. Vehicular Ingress and Egress shall be Via one (1) entrance from Bonney Road as depicted on the Concept Plan. 3. When the Property is developed, there will be no more than fIfty-fIve (55) residential condominium units, each of which shall have a garage, within eleven (11) buildings as depicted on the Concept Plan. 4. When the Property is developed, the residential structures depicted on the Concept Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the three (3) page exhibit entitled "Rezoning Exhibit of Kemps Gate", undated, prepared by Richard L. Grimstead, A.LA., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Elevations"). 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Off1ce of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certifIed copy of an ordinance or a resolution adopted by the goveming body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or 3 PREPARED BY: ~ Syn:s, MURDON. mil AJIrnN & LM. P.c. resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall 'be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 PREPARED BY: ~ SillS. IlOURDON. mil AlJrnN & liVY. P.c. WITNESS the following signature and seal: Grantor: (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 2Qth. day of April, 2006, by George Kemp, President of Kemp Enterprises, Inc., a Virginia corporation, Grantor. /)~ IN metJrlJd} Notary Public My Commission Expires: August 31, 2006 5 PREPARED BY, ~ SITrs. ROURDON. &\11 AHrnN & UVY. P.c. WITNESS the following signature and seal: Grantor: ~J...:;, g (J.L * J . I ...' / f i-~ .A.- Sophia E. Christian (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 26th day of April, 2006, by Sophia E. Christian, Grantor. ~i J k,Yr1~k-fl Notary Public My Commission Expires: August 31, 2006 6 PREPARED BY: ~ SYKES. ROURDON. mil Al!~RN & nVy. P.c. EXHIBIT "A" PARCEL 1: All of that certain lot of land, being near the Village of Kempsville in Princess Anne County, Virginia, known as Lot "B" accordance to the plat of Russell Sheppard property dated April 18, 1957, made by W.B. Gallup County Surveyor, consisting of one (1) acre more or less; it also being a part of a plat known as Block Number fourteen (14) Map of A.W. Comick's Kempsville Farm, Princess Anne County, Virginia surveyed January 1900, by E.G. Foreman, C.E. which said plat is recorded in the Clerk's Office of the Circuit Court of Princess Anne County, Virginia, in Map Book 9 at Page 43. GPIN: 1477-10-1694 PARCEL 2: All of that certain lot of land, being near the Village of Kempsville in Princess Anne County, Virginia, known as Lot "C" accordance to the plat of Russell Sheppard property dated April 18, 1957, made by W.B. Gallup County Surveyor, consisting of one (1) acre more or less; it also being a part of a plat known as Block Number fourteen (14) Map of A.W. Comick's Kempsville Farm, Princess Anne County, Virginia surveyed January 1900, by E.G. Foreman, C.E. which said plat is recorded in the Clerk's Office of the Circuit Court of Princess Anne County, Virginia, in Map Book 9, at Page 43. GPIN: 1477-10-1774 PARCELS 3 & 4: ALL THOSE certain lots, pieces or parcels of land, lying, situate and being in the City of Virginia Beach, Virginia, containing 2.486 ACRES, MORE OR LESS, and being known, numbered and designated as "UNNAMED PARCEL ANDREW REID, ET AL (WB 84, PG 2225 erroneously referred to as being in DB 84, PG 2225) (WB 67, PG 1961, erroneously referred to as being in D.B. 67, PG 1961) (MB 43, PG 41) GPIN 1477-00-9836 AREA = 108,284 SF OR 2.486 AC" and "ANDREW REID (WB 84, PG 861, erroneously referred to as being in DB 84, PG 862( (MB 43, PG 41) GPIN 1477 10 0757", as shown on that certain plat entitled "PHYSICAL SURVEY & BOUNDARY PLAT OF PROPERTY OF ANDREW REID 'PROPERTY OF RUSSELL SHEPPARD A PART OF TRACT NO. 14- A.W. CORNICK'S KEMPSVILLE FARM' (MB 43, PG 41)", made by Miller-Stephenson & Associates, P.C., dated December 17, 1997, which said plat is duly recorded in the Clerk's Office of the 7 Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3828, at Page 777. GPIN: 1477-10-0757 1477 -00-9836 PARCEL 5: All that piece or parcel of land, together with all improvements thereon and appurtenances thereto, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as "Parcel D-2" as shown on that certain plat entitled "Resubdivision of Parcels D, F & G of Tract No. 14- A. W. Comick's Kempsville Farm (M.B. 43, P 41)", prepared by Kellam-Gerwitz Engineering, inc. which plat is duly recorded in: the Clerk's office of the City of Virginia Beach, Virginia as Instrument No. 200401200010194, and being more particularly described as follows: Beginning at a pin found at the easterly comer of the subdivision of Kemps Cove (MB. 301, P. 79), said comer also being along the northerly line of the property now or formerly of Wilmure & Rosa M. Burden (M.B. 200, P. 16), thence heading N 39 degrees 01' 13". W a distance of 218.53' along the northeasterly line of Kemps Cove to a point; thence departing said line of Kemps Cove heading N 50 degrees 24' 47" E a distance of 150.00' to a point in the southwesterly line of the property now or formerly of Retail Financial Services; thence heading S 39 degrees 01' 33" E a distance of 18.53' to a set pin on concrete along the line of the property now or formerly of Victor Lambert; thence heading S 50 degrees 52' 47" W a distance of 55.00' to a set pin in concrete; thence heading S 39 degrees 01' 13" E a distance of 200.00' to a set pin on concrete along the aforesaid line of Burden; thence heading S 50 degrees 52' 47" W a distance of 95.00' to the point of beginning. Said parcel containing exactly 0.500 acres. GPIN: 1477-00-9521 PARCEL 6: ALL THAT tract or parcel of land situate in the City of Virginia Beach, Commonwealth of Virginia and described as follows: Commencing at a point in the Southerly bounds of Bonney Road (MB 43, PG 41 & MB 200, PG 16) said point being 206.11' Southeasterly of the Northeasterly intersection of Kenley Road and Bonney Road as measured along the Northerly bounds of Bonney Road, said point also being the Northeasterly comer of Parcel E (N/F Kirk Davis, MB 43, PG 41); thence along the Easterly bounds of Parcel E and the Westerly PREPARED BY, bounds of Parcel D1 (Inst. No. 200401200010194), S 39 degrees 01' 13" E, ~Sms. ROURDON. 260.35'; thence S 50 degrees 52' 47" W, 75.00' to a point in the Easterly bounds IlIlAllrnN & llVY. P.c. of Kemps Cove (MB 301, PG 79); thence along the easterly bounds of Kemps Cove, S 39 degrees 01' 13" E, 81.62' to the point of beginning; thence N 50 8 PREPARED BY: 1mB SYIIIS. ROURDON. _ AIlillN & llVY. P.c. degrees 52' 47" E, 150.00' to a point said point being the Southwesterly comer of Parcel 8 (DB 4467, PG 1066); thence S 39 degrees 07' 13" E, along the Sou thwesterly bounds of Parcel 8 and Parcel 8A (DB 4467, PG 1066)M 303.17' TC the Northeasterly comer of Parcel D2 (lnst. No. 200401200010194); thence S 50 degrees 52' 47" W 150.00' to the Northwesterly comer of Parcel D2 and the Easterly bounds of Kemps Cove; thence along the Easterly bounds of Kemps Cove . N 39 degrees 07' 13" W 384.79' to the point of beginning, containing 1.044 acres of land. GPlN: 1477-00-7840 (Part) ConditionalRezone /KempEnterprises/KempsGate /Proffer2 Rev.4/20/06 9 R-IO 001 Conditional Zoning Change from R-10 to Conditional 1-1 LTD R':'IO R-IO , . .'~ ~ (~ ~ J ...~~;;~....~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Rhoman Companies, Ltd. - Change of Zoning District Classification, 1032 Bells Road (portion of) and 1041 Olds Lane (DISTRICT 6 - BEACH) MEETING DATE: September 12, 2006 . Background: Application of Rhoman Companies, Ltd. for a Chanqe of Zoninq District Classification from R-10 Residential District to Conditional 1-1 Light Industrial District on property located on the north side of Bells Road, approximately 584 feet east of South Birdneck Road, addressed as 1032 Bells Road (portion of) and 1041 Olds Lane (GPINs 2416585191 (portion of); 2416584390). DISTRICT 6- BEACH . Considerations: The applicant proposes to rezone a 4.68 acre site, currently zoned R-10 Residential District, to Conditional 1-1 Light Industrial District for the development of warehouse and office-warehouse buildings. Three (3) buildings, totaling 71,600 square feet of floor area, are depicted on the plan, as well as 154 parking spaces. Elevations have been proffered that depict a neutral color building constructed of concrete masonry units and metal panels. This site is located within the Greater than 75 AICUZ as well as the Accident Potential Zone (APZ) 2. In addition, the United States Navy owns a restrictive easement on the property that also limits the development potential of the site. The site abuts two right-of-ways: Olds Lane and Bells Road. Ingress and egress will be exclusively via Bells Road. A 25-foot wide buffer is depicted on the concept plan adjacent to Olds Lane, the residentially zoned parcels to the west, and the northern property lines, which are also adjacent to residentially zoned lots. The proposal is consistent with the Comprehensive Plan's recommendations and with Section 1800 of the City Zoning Ordinance (AICUZ Overlay Ordinance). This site poses a challenge to blend the uses allowed under the Navy's restrictive easement and under Section 1800 of the City's Zoning Ordinance with the existing surrounding residential dwellings. This almost five (5) acre site is located at the end of a public street with dwellings only to the west. The entire eastern property line abuts property owned by the federal government. The large parcel to the south, across Bells Road, is also owned by the federal government. Citing the use limitations of the easement and the AICUZ Overlay Ordinance, it is highly Rhoman Companies, Ltd. Page 2 of 2 unlikely that new residential development will occur in the vicinity of this parcel. In fact, as one reviews the zoning history, it is clear that this area is slowly transitioning away from residential uses to uses more compatible with the operations at NAS Oceana, consistent with the recommendation of the Comprehensive Plan. The Planning Commission placed this item on the consent agenda because it is compatible with AICUZ guidelines, the applicant worked with adjacent property owners to alleviate concerns, staff recommended approval, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission ,Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager:~ 'l::. .~ ~,- RHO MAN COMPANIES, LTD. Agenda Item 1 9 August 9, 2006 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Chanqe of Zoninq District Classification from R-10 Residential District to Conditional 1-1 Light Industrial District. anies LTD R-IO R-IO R-IO Conditional Zoning Change from R-lO to Conditionalt-1 ADDRESS I DESCRIPTION: Property located on the north side of Bells Road, approximately 584 feet east of South Birdneck Road. GPIN: 24165851910000; 24165843900000 COUNCIL ELECTION DISTRICT: 6-BEACH SITE SIZE: 4.68 acres APPLICATION HISTORY: This request was deferred by Planning Commission at the July 12, 2006 meeting to allow the applicant an opportunity to revise the proffer agreement to address concerns of both the Commissioners and the surrounding property owners. SUMMARY OF REQUEST The applicant proposes to rezone a 4.68 acre site, currently zoned R-10 Residential District, to Conditional 1-1 Light Industrial District for the development of warehouse and office-warehouse buildings. Three (3) buildings, totaling 71,600 square feet of floor area, are depicted on the plan, as well as 154 parking spaces. Elevations have been submitted, but not proffered, that depict a neutral color building constructed of primarily concrete masonry units. This site is located within the Greater than 75 AICUZ as well as the Accident Potential Zone (APZ) 2. In addition, the United States Navy owns a restrictive easement on the property that also limits the development potential of the site. The site abuts two right-of-ways: Olds Lane and Bells Road. Ingress and egress will be exclusively via Bells Road. A 25-foot wide buffer is depicted on the concept plan adjacent to Olds Lane, the residentially zoned parcels to the west, and only partially along the northern property lines, which are also adjacent to residentially zoned lots. A minimum 25-foot wide buffer with Category II landscaping is typically required along all property lines adjacent to residentially zoned properties; however, the applicant is requesting that this requirement be eliminated ~"', ' ;,J<< ,~:~:~(~;~t:.:.::<! ;:,~;" 7~'/..' ~ .",_,_ "'''~\;c';-'' ';':,~~_'Y -,' ':::'; ,.,:::~"' '/".,,"y RHOMAf'\I~OMPA <'~enda1t < /. ';" >: "",.",/"\' along a portion of the northern and eastern property lines as the property adjacent is owned by the federal government, in the APZ-2, and within an AICUZ of Greater than 75. As such, future residential development on the adjacent, undeveloped properties is highly unlikely. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling on a large undeveloped parcel. SURROUNDING LAND USE AND ZONING: North: . Single-family dwellings and property owned by U.S. Government I R-10 Residential District . Bells Road and undeveloped land, owned by U.S. Government I R-1 0 Residential District . Wooded area, owned by U.S. Government I R-10 Residential District . Single-family dwellings I R-10 Residential District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is located within the Owls Creek watershed. A small portion of the property is located within the floodplain. AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn and within the Accident Potential Zone 2 surrounding NAS Oceana. There is also a restrictive easement, owned by the United States Navy, restricting the development potential of the property. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Bells Road is considered a two-lane, undivided, local street. The right-of-way width is only about 42 feet across the front of this site. The Birdneck Road widening project is scheduled to begin construction in 2007and will include the addition of a traffic signal at the Bells Road and Birdneck Road intersection. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 6,200 ADT 1 (Level of Existing Land Use 2 - 10 Bells Road No data Service "C") - 9,900 ADT 1 ADT available Proposed Land Use 3 - (Level of Service "0") 355 ADT 1 Average Dally Tnps 2 as defined by a single-family house 3 as defined by 71,600 square feet of office-warehouse use It should be noted that Traffic Engineering staff has the following comments (all of which can be handled ..)';"'..>'"i'-,-' >,,-../' ^ '-~ ~ ".,;:; ::' ~ , :\ .. '0 :(:j>-,' ~,,'- " ..,~.-' .~:.';// c-"'" '--'\ 'Y' ;, ,-. . . -. ~;;...., .. RHOMAfJ:G6MPA~ES :~9Emdalt~.19 ...:;'~~ie..g . ""0{:"~ ;/ '~" """", -~~.. during final site plan review): . A right-of-way dedication should be required to bring the Bells Road ROW width to 50 feet. . Roadway improvements, including pavement widening, curb and gutter and streetlights may be required with the construction of the proposed office/warehouse facility. . The number and locations of the proposed entrances will be reviewed at the construction plan submittal. The proposed entrances as sketched on the conceptual site plan do not appear to meet City Standards for an industrial facility. WATER: This site must connect to City water. There is an 8 inch City water line in Bells Road. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 122 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 inch City sanitary . sewer in Bells Road. EVALUATION AND RECOMMENDATION Recommended Action: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: The Comprehensive Plan designates this area as being within the Primary Residential Area, and more specifically within the North General Booth Boulevard Corridor. The Plan's recommendations for this area stress its proximity to NAS Oceana, and note that any development or redevelopment should be consistent with and adhere to the provisions of the AICUZ Overlay Ordinance. The Plan also suggests that any such development should be of a scale and design that is compatible to the surrounding area. Evaluation: The proposal is consistent with the Comprehensive Plan's recommendations and with Section 1800 of the City Zoning Ordinance (AICUZ Overlay Ordinance). This site poses a challenge to blend the uses allowed under the Navy's restrictive easement and under Section 1800 of the City's Zoning Ordinance with uses that are sensitive to the existing surrounding residential dwellings. This almost five (5) acre site is located at the end of a public street with dwellings only to the west. The entire eastern property line abuts property owned by the federal government. The large parcel to the south, across Bells Road, is also owned by the federal government. Citing the use limitations of the easement and the AICUZ Overlay Ordinance, it is highly unlikely that new residential development will occur in the vicinity of this parcel. In fact, as one reviews the zoning history, it is clear that this area is slowly transitioning away from residential uses to uses more compatible with the operations at NAS Oceana, consistent with the recommendation of the Comprehensive Plan noted above. /Co';,..., ',.."i>'!'-,_"",,,, \;;<<-,,/~~",:.r ~. " . . ...." _, " -, --'' '. " F:'.~>..::.:t,~;:'"'<':::... ~.~ /"':,,\ ':__:',.;; ..~,.: :.. .~ - i _--,.:,..,~ -.' <)..:'::-_J" ,... ",.<.~ ".-.,' ",: ': -"" '~__><~:;'-"/'2},::;<~: :;';:~~;-%' RHOMAN~bMPA ~$ndaJt ,:",N: ~, ~",' );,,~.. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA)-. The applicant, consistenfwithSection 1 07(h) of the City Zoning Ordinance, has-voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (g107(h)(1)). Should this application be approved, the proffers will be recorded at the. Circuit Court and serve as conditions restricting the useoIthe property:as proposed with this change.of zoning. PROFFER'1 : When the Prop.erty is developed, the vehicular access, parking, landscaping, building locations and setbacks shall be substantially as depicted on the exhibit entitled, "FARRAR PROPERTIES - CONCEPTUAL SITE PLAN," dated May 1, 2006, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan"). PROFFER 2: When the Property is developed, the buildings depicted on the Concept Plan shall be constructed substantially in accordance with the "CONCEPTUAL ELEVATIONS FARRAR PROPERTIES," dated May 1, 2006, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). PROFFER 3: When the Property is developed, all freestanding signs shalt be no greater than eight feet (8') in height and shall be externally illuminated from lighting located at ground level. PROFFER 4: When the Property is developed, Olds Lane shall not be utilized for access and all lighting shall be shielded, deflected, shaded and focused to direct light down on to the premises and away from adjoining residential properties. PROFFER 5: When the Property is developed, all construction activities and any other operations conducted on an area of the property which is not completely enclosed (i.e. not within a building) shall be limited to between the hours of 7:00 AM and 8:00 PM. PROFFER 6: The following land uses shall not be permitted on the Property unless approved by subsequent Modification of these Proffered Covenants, Restrictions and Conditions by the Grantee in accordance with its Comprehensive Zoning Ordinance: a. Airports, heliports and helistops; b. Bingo halls; c. Car wash facilities; d. Childcare and childcare education centers; e. Eating and drinking establishments; f. Firewood preparation facility; g. Hotels and motels; >:. ,..:.:;"v",:,;.~/...,:::-",,~~, f'<-:\::~<, '1 :,:\ ~_:'),C."A ::i-', '\_~,~ i.,'>' ~.,~/,\) "'0." ", " ,>:;:,';>;;~j;:2;~::<f~':>:';:~ ,-,; --,~' :-'~>:c RHOMAN.......... ;.... .~. O. /.M. P.A...t$I..'...................J.............E.. S ;~9~ndalt~rt9... . . .... . .:~~~~_.~ h. Mobile home sales; i. Personal watercraft rentals; j. Public schools, colleges and universities and private schools, colleges and universities; k. Public utility transformer stations and major transmission lines and towers; I. Radio or television transmission, cellular telephone antenna and relay stations; m. Satellite wagering facility; n. Vocational, technical, industrial and trade schools. PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. They indicate possible objectionable uses that will not be permitted on this site and proffer a site plan and building elevations that ensure compatibility of the uses with the surrounding area. The City Attorney's Office has reviewed the proffer agreement dated May 1 , 2006 and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ,~~;:i~\.~:;.'~::::~"~^,~3~1':~';~~<~:\._ ,-~:;.\A../ C',' ,. - ':/ <.....' ,.,~'~ ~\ \~:; ~', ,:,/:<>;:::;:",;7:::::',., ":",,,....,.:\: '''/:;,''''{ RHOM~N~90MPA ,~~~ndaJt ;/,"'....". ,(, .,.".,;':"'~} AERIAL OF SITE LO.CAiFJQbf>-<. /f.~!~~:Y""5;;:~~~~~:>1f>':~!~b" RHOMA-f\tGOMPA~ES ~gt?ndaJt .,. f "19 _.)6 .e. lll.. '" 1 ~ Q III ~ ;. :-4. -:f ~ i ..-....~.. .." '1- -"! ~..h lIoc: 5t . .q- .." .. ~.1 I ~ .. '$ ~ ! ~T ~ &1 t ~ I-! { \F ~ ~ ~ at. ",."d,j . J.l. d ,ui -: i" :lF3~ :.~~. ~ if' 'i~l.. . illS: t~5... ! ~ !.i t. h..h.~.l ~. ~ ~ l.r.s h~t. .......0$ e.:,;"tl-".Il!t :z 2:Z t 1.G' au.- Hi ..~ 1 ~n~ ... . <!' L -::, ~ ~.,;..;j;2~<'~:';:'- i;>.:", ~ . ":;;~: ~;:- ;(' -c: ,;>" .. ".- '",..,' ';-;.W~'>~:,:"",,,);< O,,:r- A'_'--"~'__'/-'-""" ~".-, .... .... ~ .. .~ z ~ Q ...J -00 ~...~ ...... ~. .~ 9~ .~ .~ S~ .r.1 ~ ...;;l ~:.~~.. r;;;l . U - z 8~ PROPOSED ELEVATIONS BUILDING A '" -- = '" '" o z - 5 - ~ rLl ~. ~ I i-l .~....~ .~ ~ '~.".~ .~....~ r.l~. ...:l . . . -<1/IlIJ i ;:J Iooolioi. ~ <. ~ ~. {.) ~. ~..< U~ PROPOSED ELEVATIONS BUI LDI NG B,.,}:,t;;~r;:":}::,'~~.:;", 'H:-:~<'~- ,: ,_"-"^'~::~:,c.--, _', ," ~':-<:':;:n-_.-,'d;i&'"'~r.,;;)', .,:~ -"~ RHOMJ)l'!;90MP~tflJ1ES (\g~ndalt '., '19 c _, -, ,_ - .., '::...,..,:';:.::',',.;,. ~ z a ..J sr.t:J =e: ~.~ s~ ~. ~ ~o '::3 ~ li;ij/lll.. ..;l ..... , -< ~: ~~... .i:. t3 ~< u~ ;~;v;w ~. PROPOSED ELEV A TI9NS",;~,.",,, BUILDING Cl::';'.c:;\ ....,.,/'.\, ''''~ ^ /v"'--"" ,_:.....~:}'C A ,~' ,,:;~~;\< RHOMA~:G0MPA~'ES" ":~::, ::' '_"_v~ ,: _ , ; '\.0' ')l\~~ndamlt: . 't9. .'. : 'J> .,. 10 R-IO 001 Conditional Zoning Change from R-1O to Conditional 1-1 LTD R-IO R-IO 1 07/13/04 CHANGE OF ZONING (B-2 & R-10 to Granted Conditional 1-1 ) 2 12/11/01 CONDITIONAL USE PERMIT Granted (communication tower) 02/11/97 CONDITIONAL USE PERMIT Granted (communication tower) 3 1 0/09/00 SUBDIVISION VARIANCE Granted 4 04/11/00 SUBDIVISION VARIANCE Granted 5 03/26/96 SUBDIVISION VARIANCE Granted i"..".>~"":":::"::'"._w''i'' ZONING HIST08V:~}'i .E'^r/;::.~'L <2~,>::,_',:- ~,:,,,::,,-,~:,:,'::;,':>::';:;:illri<;>;:':;::':-:~' .{.' l;~:':' '+ -';~i "'~:':"2i"l:><"" ~ , ;- "", '~.., 8' . re .. ~!~ . 2ii j~~ = 1)-=.... .5: .9-<ll-;j" ~ -ao ..0 lS~ 2 ~.8.: co fll e,g_ i ~~=-~8 o..lf tl.Ih g.t: 'E :j~j c _u :€.!Ei Ql .!iCE :; ~"O1l~ ~~ :;:<:< :!i! 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'" <l> C ';;; :> .J:> -.:s B .!!! ~'B o~ - II> .~~ ~~ 1~ ~'i !:;: [~ ..- <DC ~t _0. ~.. ;~ Gl"" i'3 .5:.e. ~~ .Dc =0 "'= _llI :i"! c,j ui d> Gl <:: .. ::s .J:> E .: 0: J: ~ .. <:: t: <lI Q, C .2 li ~ 8 <lI ).. o ~c q,o -'" ~-E ~& ~o :: ~j :i -l!! 8 it ~ '!~ t .!;: :sl fS,~ ! !O : uts ~ 1-'"' i ~ ! .11' J~~ ";;,o~ j::'i ut "",,!! DISCLOSURE ST AJaJlEQ1'::~"i,. -("'~:::i<~~'~"'~ ,~:::.:L~::,:;~."~~.;~;';>~: ^.-':::>~-'<>, ::^''>? "m "':>- -'e. ;v'-" ,", >< E "" .~ .r::. '" a; C t: III 0. '" o '" l!! ~ g 1II 8'" ~,g Cf)~ :'::'c c." ~~ ~j Gll!! ~~ e~ .! '2 ....::> o~ oc> ;:;.r::. 00 o ':<<',;: RHOMA;f't{30MPA~ES "A!J~ndalt~it9 . .'J?:g9~i:12 "->".:" Item #19 Rhoman Companies, Ltd. Change of Zoning District Classification North side of Bells Road - 1032 Bells Road District 6 Beach August 9, 2006 CONSENT Janice Anderson: The next item is item 19, Rhoman Companies, Ltd. This is for a Change of Zoning from R -10 Residential District to Conditional I-I Light Industrial on property located at 1032 Bells Road, located in the Beach District. Mr. Bourdon? Eddie Bourdon: Thank you Ms. Anderson. Again, for the record, Eddie Bourdon, a Virginia Beach attorney, and we appreciate being placed on the consent agenda, making me look prophetic from last's months meeting. We have worked everything out with all residential homeowners. Janice Anderson: Thank you Mr. Bourdon. Is there any opposition to this application? Mr. Crabtree will review this applicantion. = Eugene Crabtree: We reviewed this last month. We deferred, and it came before us today, and the Planning Commission felt that it was suitable for consent agenda. This is for a piece of property to be reclassified from R -10 Residential to I-I Light Industrial. It is located in a greater than 75 dB AICUZ zone, and it is in a zone where there is an easement by the U.S. Navy. It is a APZ-2, and when it was rezoned as a residential, it was included in the Comprehensive Plan as that, which prior to the BRAC Commission, this has become a piece of property that can't be developed as R-lO. It is completely surrounded by Navy property, and if we did not let it be changed from R-lO to I-I, this property would sit, and the property owners would have a worthless piece of property they could do absolutely nothing with. Therefore, we feel like it is very appropriate to be changed from R-IO to I-I in order for the property owners to get use out of it. The applicant has agreed with the surrounding property owners on items that were of a concern last month, and they appointed a buffer between their property and the residential owners, and therefore, we feel like it is suitable for consent, and we put it on the consent agenda. Janice Anderson: Thank you Mr. Crabtree. Mr. Chairman, I make a motion to approve consent agenda item 19. Barry Knight: There is a motion on the floor to approve this consent agenda item. Do I have a second? Dorothy Wood: Second. Item #19 Rhoman Companies, Ltd. Page 2 Barry Knight: A second by Dot Wood. Is there any discussion? Call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE KA TSIAS KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item 19 for consent. Barry Knight: Thank you. = CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6476 DATE: August 23,2006 FROM: Leslie L. Lilley n:L Q B. KaYWilSOn~ DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Rhoman Companies, Ltd. The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 12, 2006. I have reviewed the subject proffer agreement, dated May 1 , 2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW lals Enclosure cc: Kathleen Hassen PREPARED BY: I;JIB SYRIS. IWURDON. mu MOO! & 1M, P.c. PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS RHOMAN COMPANIES, LTD., a Virginia corporation LORETTA V. BROWN TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1st day of May, 2006, by and between RHOMAN COMPANIES, LTD., a Virginia corporation, Grantor, party of the first part; LOREITA V. BROWN, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of certain property located in the Beach District of the City of Virginia Beach, containing approximately 4.68 acres and described in Exhibit ".A:' attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-I0 Residential District to 1-1 Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and GPIN: 2416-58-5191 2416-58-4390 1 PREPARED BY: . SillS. ROURDON. Allum & lIVY. P.c. WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding. upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, the vehicular access, parking, landscaping, building locations and setbacks shall be substantially as depicted on the exhibit entitled, "FARRAR PROPERTIES - CONCEPTUAL SITE PLAN", dated May 1, 2006, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan"). 2. When the Property is developed, the buildings depicted on the Concept Plan shall be constructed substantially in accordance with the "CONCEPTUAL ELEVATIONS FARRAR PROPERTIES", dated May 1,2006, prepared byWPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). 3. When the Property is developed, all freestanding signs shall be no greater than eight feet (8') in height and shall be externally illuminated from lighting located at ground level. 4. When the Property is developed, Olds Lane shall not be utilized for access and all lighting shall be shielded, deflected, shaded and focused to direct light down on to the premises and away from adjoining residential properties. 2 PREPARED BY: n:a SYKIS. ROURDON, mDI AlIllrn & LM. P.c. 5. When the Property is developed, all construction activities and any other operations conducted on an area of the property which is not completely enclosed (Le. not within a building), shall be limited to between the hours of 7:00 AM and 8:00 PM. 6. The following land uses shall not be permitted on the Property unless approved by subsequent Modification of these Proffered Covenants, Restrictions and Conditions by the Grantee in accordance with its Comprehensive Zoning Ordinance: a. Airports, heliports and helistops; b. Bingo halls; c. Car wash facilities; d. Childcare and childcare education centers; e. Eating and drinking establishments; f. Firewood preparation facility; g. Hotels and motels; h. Mobile home sales; 1. Personal watercraft rentals; J. Public schools, colleges and universities and private schools, colleges and universities; k. Public utility transformer stations and major transmission lines and towers; 1. Radio or television transmission, cellular telephone antenna and relay stations; m. Satellite wagering facility; n. Vocational, technical, industrial and trade schools. 7. Further conditions may be required by the Grantee during detailed Site Plan and/ or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-I0 and I-I Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied 3 PREPARED BY: IJI3 SYl'IS. ROURDON. IliI AIIrnN & LM. P.c. by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. . Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of VirginIa Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 PREPARED BY: sms. ROURDON. AIIrnN & I.M. P.C WITNESS the following signature and seal: Grantor: Rhoman Companies, Ltd., a Virginia corporation By: U:r ~ (SEAL) Wa Rhodes, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 1st day of May, 2006, by Wayne Rhodes, President of Rhoman Companies, Ltd., a Virginia corporation, Grantor. A- ~ LJ/ 41 /,. /7 _ X' (. - VI m ~ Notary Public My Commission Expires: August 31, 2006 5 PREPARED BY: ~m sms. ROURDON, mil AIIrnN & LM. P.C WITNESS the following signatures and seals: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Grantor: (:ffrMilL () &rt./}U Loretta V. Brown (SEAL) The foregoing instrument was acknowledged before me this 2006, by Loretta V. Brown, Grantor. / if day of May, My commisSion,?;! 0 7 6 PREPARED BY: ~ SillS. ROURDON. mil AlU:RN & UVY. P.C EXHIBIT "A" ALL THOSE certain lots, pieces or parcels of land, with the -buildings and improvements thereon and the appurtenances thereunto, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Lots 3 & 4, as shown on the plat entitled "Subdivision Plat of the Farrar Property (W.B. 37, PG. 207) (D.B. 223, PG. 221) (M.B. 149, PG. 52) Date: 7/20/02, Scale: 1"=50', Virginia Beach, Virginia, recorded at the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number: 200301270010608. GPIN: 2416-58-5191 2416-58-4390 ConditionalRezonejRhomanCompaniesjProffer 7 L. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION BUILDING CODE OF APPEALS - New Construction COMMUNITY SERVICES BOARD EASTERN VIRGINIA HEALTH SYSTEMS AGENCY HISTORIC SITE ORGANIZING COMMITTEE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCILACTIONS V 0 I M B L DATE: September 5, 2006 D C E L E D H C R A W S I E -J L N U N I PAGE: 1 T E D N 0 A D H U L W E Z Y L N N 0 R E S 0 AGENDA P E E E E A R I V 0 0 ITEM # SUBJECT MOTION VOTE H L R Y S N F N A N D I-A BRIEFING: MEALS TAX TASK FORCE Councilman Ron A. Villanueva IT-A NIMMO PARKWAYILAGOMAR Cost Sharing DeanB1ock, Director, Public Works ID/ NN/ VII VIT-E CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y F-I MINUTES - August 22, 2006 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G-I MAYOR'S PRESENTATION RESOLUTION OF APPRECIATION Deputy Chief Greg G. Mullen H-I PUBLIC COMMENT COMMUNITY LEGISlATNE AGENDA 6 Speakers 2 HISTORIC SITE ORGANIZING COMMIITEE 4 Speakers JJJ/ Ordinance to AMEND City Code ~6-12 re ADOPTED, BY 10-1 Y Y Y Y Y N Y Y Y Y Y K-I riding horses/driving vehicles on beach/dunes CONSENT 2 Ordinances to TRANSFER: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. $400,000 fran Lynnhaven Parkway - Phase XI/$426,806 fran Southeastern Parkway and Greenbelt to Shore Drive Intersections Demonstration re increased scope/costilow-bid contract b. $100,000 fran Electronic Ballot System - ADA Machines/$40,000 fran General Registrar operating budget to Leroy Drive Master Plan re voting machine storage 3 Resolution to APPOINT Andrew Pittman ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Assistant City Attorney CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCILACTIONS V 0 I M B L DATE: September 5, 2006 D C E L E D H C R A W S I E -J L N U N I PAGE: 2 T E D N 0 A D H U L W E Z Y L N N 0 R E S 0 AGENDA P E E E E A R I V 0 0 ITEM # SUBJECT MOTION VOTE H L R Y S N F N A N D L APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S BEACHES AND WATERWAYS COMMISSION BUllDING CODE OF APPEALS- New Construction COMMUNITY SERVICES BOARD EASTERN VIRGINIA HEALTH SYSTEMS AGENCY mSTORIC SITE ORGANIZING COMMnTEE SPORTS AUTHORITY OF HAMPTON ROADS BOARD OF ZONING APPEALS APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Term: Unexpired thru 0813112010 Richard Garriott COMMUNITY MEDICAL ADVISORY REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Dr. E. E. Brickell Term: 09/0112006 -0813112011 lisbet Renee Five-year term Ward DEVELOPMENT AUTHORITY REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Term: 09/0112006-0813112010 C.Max Four-year term Bartholomew Douglas D. Ellis Term: 09/O112006'{)813112010 APPOINTED Four-year term John Richardson Prescott Sherrod PARKS AND RECREATION COMMISSION REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Term: 09/0112006-08/3112009 Robert Barnaby Three-year term David P. Bartholomew Joel Fink Tommy J. Johnson PUBUC liBRARY BOARD APPOINTED 11-0 Y Y Y Y Y Y y y Y Y Y Term: 09/0112006-0813112009 Nancy K. Parker Three-year term Term: 09/0112006-08/3112009 REAPPOINTED Three-year term Merrilu P. Alblowich Rachel Berman R. Patrick Dean Charles Flowers Mary D. McGovern Ernestine Middleton CITY OF VIRGINIA BEACH SUMMARY OF COUNCILACTIONS V 0 I M B L DATE: September 5,2006 D C E L E D H C R A W S I E -J L N U N I PAGE: 3 T E D N 0 A D H U L W E Z Y L N N 0 R E S 0 AGENDA P E E E E A R I V 0 0 ITEM # SUBJECT MOTION VOTE H L R Y S N F N A N D REVIEW AND AllOCATION COMMIITEE REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y (COG) David S. Term: 09~laOO6-08Bla009 Redmond Tbree-year term SOCIAL SERVICES BOARD APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Term: Unexpired thro 06BOaOlO Peter W. Schmidt WETLANDS BOARD REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Term: 09~laOO6-08maOll J. Bzyan Plumlee Five-year term MINI 0 ADJOURNMENT 6:47 P.M. PUBLIC COMMENT 8 SPEAKERS