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JULY 1, 2008 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large ViCE 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. ViLLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CiTY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES FRASER. MMC 01 JULY 2008 I I ill CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com L CITY MANAGER'S BRIEFINGS - Conference Room - 2:30PM A. ASSESSMENT OF URBAN LANDFILL DEVELOPMENT Phil Davenport, Public Works Steven Nesbitt, Project Manager - Malcolm Pirnie B. ADOPTION FRIENDLY ANIMAL CONTROL PROGRAM A.M. Jacocks, Chief - Police Department C. COMMUNICATION TOWERS William Macali, Deputy - City Attorney II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 4:30PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL D. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Tommy Taylor Pastor, London Bridge Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICA TION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 24, 2008 G. MAYOR'S PRESENTATION 1. Proclamation: Pungo Strawberry Festival's 25tb Anniversary H. AGENDA FOR FORMAL SESSION I. PUBLIC HEARING 1. Lease of City-Owned Property at 3180 New Bridge Road J. CONSENT AGENDA I II K. RESOLUTIONS/ORDINANCES 1. Resolution and Ordinance re FY 2008-09 and 2009-10 DEBT MANAGEMENT POLICIES and GUIDELINES: a. AMEND to include the Energy Performance Contracts to provide on-going savings b. EST ABLISH Capital Improvement Project #3-119 and APPROPRIATE $5- Million for the City c. EST ABLISH Capital Improvement Project #1-109 and APPROPRIATE $5- Million for the Schools d. The City will review these contracts re effectiveness at the end of a two (2) year period 2. Resolution to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) re the Sandler Center for the Performing Arts Foundation 3. Ordinance to AUTHORIZE the City Manager to execute a First Amendment to the 2003 Purchase Agreement with LifeNet 4. Ordinance to AUTHORIZE the City Manager to execute a Lease for less than five (5) years with RW White Farm, LLC re City-owned land at 3180 New Bridge Road (Deferred from June 24, 2008) 5. Resolution to RECOGNIZE and COMMEND Wave Church, the staff and Volunteers of Hampton Roads Community Care for their numerous and varied services to children and families throughout Hampton Roads 6. Ordinance to TRANSFER $139,900 from the General Fund Reserve for Contingencies to the FY 2007-08 Operating Budget for revenue reimbursements to support tax exemption for the elderly and disabled 7. Ordinance to APPROPRIATE funds to the Sheriffs FY 2008-09 operating budget to effect state pay increases for Uniformed Sheriff Personnel as follows: a. ACCEPT $174,647 (estimated) from the Commonwealth of Virginia Compensation Board b. APPROPRIATE $151,230 from the Sheriffs Special Revenue Fund to provide one-time funding to advance pay increases c. TRANSFER $34,196 from the General Fund Dedicated Reserve for Contingencies re fringe benefits 8. Ordinance to APPROPRIATE $75,000 from the Sheriffs Revenue Fund to the Sheriffs FY 2008-09 operating budget re a Language Fluency Stipend Pilot Program L. PLANNING 1. Application of NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) for a Conditional Use Permit re a communication tower at 5060 Ferrell Parkway. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 2. Application of AASHNI PROPETIES for a Conditional Use Permit re a one (1) bay automated car wash station at 5636 Princess Anne Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of TERRY SPITZER for a Conditional Use Permit re construction ofa noncommercial marina and pier to replace an existing pier at 3850 Little Neck Point Road DISTRICT 5 - L YNNHA VEN RECOMMENDA nON APPROVAL 4. Application of CHRIS WYNNE for a Conditional Use Permit re operation of a riding academy and horse boarding facility at 1825 Pleasant Ridge Road DISTRICT 7 - PRINCESS ANNE RECOMMENDA nON APPROVAL I ,II 5. Application of SANDRA K. SAWYER (Sandy's Angels Daycare) for a Conditional Use Permit re in-home daycare of up to twelve (12) children at 5621 Parkland Court DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 6. Ordinances re the City Zoning Ordinance (CZO): a. AMEND ~ 111 to reflect provisions of the Virginia Code ~ 15.2-2291 (A) as adopted by the 2008 General Assembly re definition of "Family" b. AMEND ~103 to reflect provisions of the General Assembly legislation (HB 430) re Zoning Administrator or his or her agent's authorization to present sworn testimony to a Judge or Magistrate requesting issuance of inspection warrants c. AMEND ~103 re Civil Penalties to reflect provisions of the' General Assembly's change (HB 1308) expanding the definition of coastal primary sand dune to include dunes with Virginia pine, Japanese sedge or broom sedge growing d. AMEND ~ 160 1 re a Coastal Primary Sand Dune to reflect provisions of the General Assembly's change (HB 1308) expanding the definition of coastal primary sand dune to include dunes with Virginia pine, Japanese sedge or broom sedge growing RECOMMENDATION APPROVAL M. APPOINTMENTS BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGTHS COMMISSION OPEN SPACE ADVISORY COMMITTEE REVIEW and ALLOCATION COMMITTEE (COG) N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT Agenda 07/01/2008 afb www.vb!!ov.com ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** City Council Sessions for July and August July 1 July 8 Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning July 9 - August 4 City Council Vacation August 5 August 12 August 19 August 26 Cancelled - "National Night Out" Briefing, Informal, Formal, including Planning City Council Workshop Briefing, Informal, Formal, including Planning CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** , I ,II I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:30PM A ASSESSMENT OF URBAN LANDFILL DEVELOPMENT Phil Davenport, Public Works Steven Nesbitt, Project Manager - Malcolm Pirnie B. ADOPTION FRIENDLY ANIMAL CONTROL PROGRAM AM. Jacocks, Chief - Police Department C. COMMUNICA nON TOWERS William Macali, Deputy - City Attorney n. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA I I ill V. INFORMAL SESSION - Conference Room- A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL D. RECESS TO CLOSED SESSION 4:30PM , 1,11 VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Tommy Taylor Pastor, London Bridge Baptist 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 June 24, 2008 G. MA YOR'S PRESENTATION 1. Proclamation: Pungo Strawberry Festival's 25tb Anniversary H. AGENDA FOR FORMAL SESSION .rsnluttnu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach Gity 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. 'WIirrwa: ~ WIinu: WIimAs: WIinu: W1ima: W1imu , I 011 Jlrntlumuttnu Por CMr 25 yean, the {J'uneo Stnzw6eny 'Festival fras consistently offtml family- orientea, fun-jilfetf, wfwfuome events t/i4t /i4w contn6ute4 to the arNter aooa ana enjoyment of tlie citizens of Vi'11inia CBeacIi; antf tz1ie pestiwfs attnufana fras arown from 50,000 at tlieir fit'$t .festival in 1983 to CMr 120,000 25 yean later; ana tliey liaw offiml a variety of colorful events, nzneinefrom IivestocN,.sliows, 6atufs, sineine contests ana clo88ine to panufes, youth art shows, arts ana crafts antf p;g nzas; ana fJIiey /i4w cele6nzte4 our local history ana rural hentaae 6y clioosing a :Mayor of {J'uneo ana a 'Witch of {J'uneo each year; ana fJIiey liave Iionorra our miJitary forces - a vital part of our city ana community - 6y /i4vine them participate each year; ana Tlirough tlieirpie-e4titrg contests, stnzw6eny 6a~-offi, stnzw6eny suruJius, stnzw6eny pies, stnzw6eny picfjnes, stnzw6eny sfwrtca~ ana a{(..you-can-eat of these tfefJCious one-of-a-fjna stnzw6ernes - the Pestwal fras not only promotea the outstandine {J'uneo stnzw6eny, 6ut fras come to sym60lize af{ tlie many of tlie aootf thines a60ut Virginia CBeach tliat its citizens fwfa aear; ana '11ieir liara woytana aenerosity fras multea in procuas of CMr $.500,000 6eine a01Ultea from tlie 'Festival to various non-profit community ana service oryanizations throughout Vi'11inia f1Jeach - an aaminz6fe accomplisfmlnat; ana 'We Iionor tlie /i4rrf wort time antf S4Crifia IJiwn 6y so many to ma~ tlie Stnzw6eny Pestiwl a huge succus, ana we cele6nzte ana Iionor it in this, tlie 2.5" year, as a sym60l of part of w/i4t ma~ 'f/i'11inia f1Jeach a 'Community for a Lifetime. . J{ ow, tz1ieriforr, I, :Meyenz 'E. 06enuforj, :Mayor of tlie City of 'Vi'11inia f1Jeacli, 'Vi'11inia, lio 1ierr:6y Proclaim: Jufy 1st, 2008 lPufllJO Straw6erry PestirJa{ 2JM .ftnniversary (]Jay In 'f/i'11inia QJeacli, ana I calf upon af[ citizens to comtrre1Uf antf cmrgnUulate tlie.fine citizens wfw /i4w wo~ so liarrf ana committed'tMmselves to pt'l1fNfe this WOIIIierful event to tlie citizens of Viryinia f1Jeacli, ana wfw /i4w matfe it into a wontlerful part of our city's culturr, antf asN,. tliem to continue to support this event t/i4t is such a vital part of our community. Ira ~ Wia-t I liaw lierrunto set my liantf antf causJ tlie Official SIIIi of tlie City of 'fIi'11inia QJeacli, Vi'11inia, to 6e ajfiJ(1tf this Pint tf4y of July, 'Two 'lTiousana P.;g/it. :Meyenz If. O6mufoif :Mayor I I III I I. PUBLIC HEARING 1. Lease of City-Owned Property at 3180 New Bridge Road PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owned property on Tuesday, July 1, 2008, at 6:00 p.m. In the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center. Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following parcels: Approximately 36+ acres of land located on New Bridge Road 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 TDD 712. (TOO Telephone Device for the Deaf). Any Questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 228. BUilding 18, at the Virginia Beach Municipal Center, (757) 385 8234. Ruth Hodges Fraser, MMC City Clerk Beacon June 22, 2008 18919193 i I III J. CONSENT AGENDA K. RESOLUTIONS/ORDINANCES 1. Resolution and Ordinance re FY 2008-09 and 2009-10 DEBT MANAGEMENT POLICIES and GUIDELINES: a. AMEND to include the Energy Performance Contracts to provide on-going savings b. ESTABLISH Capital Improvement Project #3-119 and APPROPRIATE $5- Million for the City c. ESTABLISH Capital Improvement Project # 1-1 09 and APPROPRIATE $5- Million for the Schools d. The City will review these contracts re effectiveness at the end of a two (2) year period 2. Resolution to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) re the Sandler Center for the Performing Arts Foundation 3. Ordinance to AUTHORIZE the City Manager to execute a First Amendment to the 2003 Purchase Agreement with LifeNet 4. Ordinance to AUTHORIZE the City Manager to execute a Lease for less than five (5) years with RW White Farm, LLC re City-owned land at 3180 New Bridge Road (Deferred from June 24, 2008) 5. Resolution to RECOGNIZE and COMMEND Wave Church, the staff and Volunteers of Hampton Roads Community Care for their numerous and varied services to children and families throughout Hampton Roads 6. Ordinance to TRANSFER $139,900 from the General Fund Reserve for Contingencies to the FY 2007-08 Operating Budget for revenue reimbursements to support tax exemption for the elderly and disabled 7, Ordinance to APPROPRIATE funds to the Sheriffs FY 2008-09 operating budget to effect state pay increases for Uniformed Sheriff Personnel as follows: a. ACCEPT $174,647 (estimated) from the Commonwealth of Virginia Compensation Board b. APPROPRIATE $151,230 from the Sheriffs Special Revenue Fund to provide one-time funding to advance pay increases c. TRANSFER $34,196 from the General Fund Dedicated Reserve for Contingencies re fringe benefits 8. Ordinance to APPROPRIATE $75,000 from the Sheriffs Revenue Fund to the Sheriff s FY 2008-09 operating budget re a Language Fluency Stipend Pilot Program " I 'I' r ~~ ,{; 1'1<;;" fJ' . ~, (f; 'r.) /1 ,5', (' . ,) (~~I . ~!/ \.~~ u; "Iii ,,~"o"-~ '"".............--..1 '" \.. CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: A Resolution to Amend the City's Debt Management Policies and Guidelines to Include Energy Performance Contracts for FY 2008-09 and FY 2009-10 MEETING DATE: July 1, 2008 . Background: In a measure to reduce energy costs as well as protecting the environment, the City and School system have been exploring energy performance contracts, Energy performance contracting involves a vendor (contractor) conducting a detailed energy audit and then making improvements to a building that reduces energy costs. The savings are such that the cost of the improvements is recaptured within a reasonable period, The savings are guaranteed by the contractor who is required to take out a performance bond, whereby the shortfall is paid to the City if the savings do not materialize. However, entering into these contracts is a form of debt. City Council must approve all debt and has an array of policies both legal and administrative to guide the City's debt program. Without further discussion with the rating agencies, the contractual obligations would be included in the City's overall net debt as calculated by the agencies. On June 3rd, City Council was briefed on this issue. A policy report is also included. . Considerations: The City and Schools have a Joint Energy Committee that is looking to reduce the City's use of energy. This group has worked with Finance and Management Services to prepare a resolution which would amend the City's debt management policies regarding energy performance contracts. In addition, there is an ordinance to create two $5 million capital projects, one for the City and Schools for a total of up to $10 million. This authorization would be for specific projects involving energy improvements that are secured by performance bonds. Staff also recommends that this issue be reevaluated in two years to examine the results. At that point the City may wish to increase or decrease the limit for energy performance contracts used in both City and School projects. In addition, the rating agencies may be more comfortable with these agreements and how they view this type of contract. Adoption of this resolution would exclude energy performance contracts from the City's self imposed debt per capita limit just as debt from the Agriculture Reserve Program and Utility debt (revenue bonds) are excluded, . Public Information: Public information will be provided through the normal Council agenda process, . Alternatives: Council could choose not to adopt the resolution and ordinance which would mean these projects would compete with other Capital Improvement Projects to fit within the City's debt limits. · Recommendations: It is recommended that the City Council adopt both the resolution and ordinance proposed, Council will need to approve both the resolution and ordinance for the projects to take effect. . Attachments: Policy Report Resolution to Amend City's Debt Policies Ordinance to Create New CIP Projects Recommended Action: Approval ~ Submitting Department/Agency: Joint Energy Committee/Dave Hansen City Manager: ~ k- 'C3Bt<>"l. I I III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A RESOLUTION TO AMEND THE CITY'S DEBT MANAGEMENT POLICIES AND GUIDELINES TO INCLUDE ENERGY PERFORMANCE CONTRACTS FOR FY 2008-09 AND FY 2009-10 WHEREAS, the City of Virginia Beach and Virginia Beach Public Schools System recognize the importance of protecting the environment and conserving energy; WHEREAS, Energy Performance Contracts have been introduced as a way to make building improvements while reducing energy costs which ultimately more than pay for the costs of improvements; WHEREAS, these types of contracts have been determined by financial rating agencies to be considered debt; and, WHEREAS, the City wants to address this type of debt in its debt management policies and demonstrate an understanding of these contracts through a two year trial period; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the following statement be incorporated into the City's debt management policies and guidelines: 1) The City recognizes the energy performance contracting program as a unique undertaking that provides the City the opportunity to reap long term energy savings by replacing older infrastructure, improving maintenance, and taking advantage of new technology. The program utilizes a type of debt which is backed by the on-going savings in energy costs and guaranteed by a required performance bond from the contractor. The City Council currently has no intention to employ performance contracting agreements for any purpose in addition to the energy savings program. 2) This use of performance contracting shall not be included in the calculation of the City's self-imposed debt indicators, similar to the Agriculture Reserve Program, and Utility debt. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008, day of Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY c~~ CA 10725 R-1 May 28, 2008 I I ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AN ORDINANCE TO CREATE CAPITAL IMPROVEMENT PROJECT #3-119 ENERGY PERFORMANCE CONTRACTS (CITY) AND CAPITAL IMPROVEMENT PROJECT #1-109 ENERGY PERFORMANCE CONTRACTS (SCHOOLS) FOR ENERGY PERFORMANCE CONTRACTS WHEREAS, the City of Virginia Beach and Virginia Beach Public Schools System recognize the importance of protecting the environment and conserving energy; WHEREAS, energy performance contracts have been introduced as a way to make building improvements while reducing energy costs which ultimately more than pay for the cost of improvements; and WHEREAS, the City wishes to create two Capital Improvement Projects to track and account for these contracts, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That pursuant to the City Manager's recommendations set forth in the Energy Performance Contracting Policy Report dated May 15, 2008, the City Council authorizes entering into energy performance contracts in the amounts of $5 million for the City and $5 million for the Schools over the FY 2008-09 and FY 2009-10 biennial budgets. 2. That $5 million is hereby appropriated to C I P Project 3-119 Energy Performance Contracts (City) from revenues from energy savings agreements; and, $5 million is hereby appropriated to CIP Project 1-109 Energy Performance Contracts (Schools) from revenues from energy savings agreements. 3. The City Manager is authorized to issue appropriate debt instruments to fund the agreements, with the source of repayment from energy savings and secured by the contractor's guarantee, 4. That this ordinance is contingent upon the City Council's adoption of a resolution to address energy performance contracts in its debt management policies and guidelines. 5. That the City will review these contracts at the end of the two year trial period to examine both their effectiveness and the impact it has with the financial rating agencies on the City's debt policies, Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day of Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ;::?~ ~ City Attorney's Offi CA 10726 R-2 June 3, 2008 I I III Policy Report May 15, 2008 DEBT POLICY FOR ENERGY PERFORMANCE CONTRACTING I. BACKGROUND As a measure to reduce energy costs as well as protect the environment, the City and School system have been exploring energy performance contracts. Energy performance contracting involves a vendor (contractor) conducting a detailed energy audit and then making improvements to a building that reduces energy costs. The savings are such that the cost of the improvements is recaptured within a reasonable period. The savings are guaranteed by the contractor who is required to take out a performance bond, whereby the shortfall is paid to the City if the savings do not materialize. The City and Schools would like to finance their debt over a number of years the cost of these energy improvements. This policy report examines the effect these energy performance contracts have on the City's debt policies and practices, and recommends a policy change to accommodate this type of contracting. Several public bodies in Virginia have already entered into energy performance contracts: Fairfax County Public Schools ($22.5 million over 6 phases), Chesterfield County Schools and County ($3.1 million between both agencies), Old Dominion University ($2.7 million), Portsmouth Public Schools ($8.4 million), and Newport News Public Schools ($27.4 million over two phases). Unfortunately, most of these localities are too early in the process to report official savings, However we did receive some information from Fairfax County. Energy Performance contracts have been in place in the Fairfax Facilities Management Department (FMD) for over five years resulting in combined annual energy savings over $1,000,000. These savings are realized each and every year once an energy project is completed. They have completed energy projects for lighting, HV AC and computer controls in over 130 buildings since program inception. Examples of recent Fairfax facilities projects: . Completed Energy Performance Contract valued at $2,132,000 to upgrade lighting and HV AC systems at the three building jail complex. Annual energy savings $184.000/yr. This project combined capital renewal requirements with energy saving strategies. . Completed Energy Performance Contract valued at $1,418,000 to upgrade lighting and HV AC systems at the Juvenile Detention Center and Springfield Warehouse. Annual energy savings $87.000/yr. This project combined capital renewal requirements with energy saving strategies. . Completed construction on an Energy Performance Contract valued at $915.000 to upgrade lighting and HV AC systems at the three building Government Center complex. Annual energy savings $111.500/yr. II. CONSIDERATIONS A. Legal Virginia State Code Section 11-34.1 establishes that "It is the policy of the Commonwealth to encourage public bodies to invest in energy conservation measures and facility technology upgrades that reduce energy consumption, produce a cost savings, and improve the quality ofindoor air in facilities..." Sections 11-34.2 & 11- 34.3 of the State Code give localities the authority to enter into energy performance- based contracts. Although the State Code provides that energy performance contracts would not be considered debt, the rating agencies indicate that these contracts are a form of debt for purposes of evaluating the financial condition of a governmental unit. City Council must approve all debt and has an array of policies both legal and administrative to guide the City's debt program. From a legal standpoint, the energy performance contracts are contractual obligations and therefore, do not affect the City's Charter Debt nor do they require voter approval. These contracts are likewise 2 I I 'II not Constitutional Debt and therefore do not affect the authorized debt limit imposed by the State Constitution. However, without further discussion with the rating agencies, the contractual obligations would be initially included in the City's overall net debt as calculated by the agencies. B. Financial/Debt Policies City Council has adopted guidelines for the management of general obligation debt which the rating agencies have described as excellent management tools. These policy limits and where the City currently stands (based on the City's most recent Official Statement) are: 1) The total annual budgeted debt service for general government-supported debt will not exceed 10% of general government budgeted expenditures. 2005 2006 2007 March 1.2008 Ratio of Annual Debt Service to General Government 8.0% 8.0% 7.5% 7.4% Expenditures 2) The general obligation net debt will not exceed 3.5% of assessed value. Ratio of Debt to Assessed Value 2006 2.2% 2007 2.0% March 1 2008 1.8% 3) The general obligation net debt per capita will not exceed $2,400 per capita. 2005 $1,894 2006 $1,944 March 1, 2008 $2,292 4) Total general obligation net debt per capita shall not exceed 6.5% of per capita personal income. 2005 2006 2007 March 1, 2008 Ratio of Per Capita Debt to Per Capita Income 4.9% 4.8% N/A N/A As previously stated these energy performance contracts would be initially included in the above ratios, by the rating agencies. It is uncertain whether the agencies would change their positions at some future time as energy performance contracting becomes more widely used. This will likely be determined through proven results. 3 From the City's perspective it should be noted that there is a precedent for debt with a specified funding source to be treated separately. In 1995, City Council passed an ordinance to create the Agricultural Reserve Program (ARP) whereby treasury strips are purchased to serve as the source of repayment for the financing instrument known as installment purchase agreement. The treasury strips are the guaranteed funding source for the future repayment of the installment purchase agreement for development rights. The rating agencies agreed this debt is not included in the City's debt calculations since the debt has a funding source (treasury strips). Energy performance contracts also have a guaranteed funding source in energy savings, secured by a performance bond that is paid for by the contractor. This bond can be called upon by the City if the agreed savings do not materialize. C. Proposed Projects If Council establishes a separate debt policy for energy performance contracts, two capital projects would be established, one for the City and one for Schools, each for $5 million. Virginia Beach Public Schools' energy audit has resulted in projects that will involve lighting retrofits and occupancy sensors to provide the bulk of the energy savings. HV AC replacements will also be included in some of the schools. There are also some measures for water consumption reduction as a part of the overall savings in the effort. In addition, some of the improvements are intended to serve as teaching units for students. The City's approach will be based on the results of a limited energy audit, and will focus on many of the same type of improvements identified by the Schools. The emphasis will be to invest in quick return, easily measurable energy performance improving projects. III. ALTERNATIVES 1) Create a separate debt policy for energy performance contracting Applying current standards, any financing arrangement used to pay for energy improvements will be considered debt by the agencies. The creation of a separate debt policy for energy improvement debt would demonstrate to the agencies our concern and awareness of this unique financing, as follows. It would be staff intention that debt incurred specifically for energy performance contracts not be included in the City's debt calculation. In this manner, the City would be recognizing the energy performance contracting program as a unique undertaking that provides the City the opportunity to reap long term energy savings by replacing older infrastructure, improving maintenance, and taking advantage of new technology. The program utilizes a type of debt which is backed by the on-going savings in energy costs and guaranteed by a required performance bond from the contractor. 4 I I 'II The City Council currently has no intention to employ performance contracting agreements for any purpose in addition to the energy savings program. To accomplish this, the City and Schools would use energy performance contracts in a cautious approach, Le" no more than $10 million over the next 2 years, shared equally between City and Schools. By limiting the debt to $10 million, the City's debt per capita ratio would only increase approximately $20 per capita. This would be in addition to the existing policy for all other debt of $2400 per capita, and similar to the separate policy for ARP. In addition, the hope is that as these contracts become more prevalent, and the results more definitive, the rating agencies may exclude them from debt calculations given their funding source. 2) Do not create a policy for energy performance contracting Energy projects would have to compete with all other capital projects in the CIP for funding. Given the Capital Improvement Plan for.FY 2008-09, this would require reducing other projects in the CIP or proposing very limited projects for energy performance savings. Energy projects would also compete for maintenance and repair operational dollars and as is the current procedure, only occurs as part of our routine replacement process. IV. ST AFF RECOMMENDATION Alternative 1: Council establish by ordinance two capital projects, one for the City and one for the Schools for energy saving improvements that would be fmanced through lease-purchase financing. In addition, Council establish by ordinance a separate, limited debt policy for energy performance contracting of up to $5 million each for City and Schools for a total not to exceed $10 million. This authorization would be for capital projects involving energy improvements that are secured by performance bonds. The ordinance should include authorization for the City Manager to negotiate energy performance contracts, with savings secured by a performance bond, in a form satisfactory to the City Attorney Staff also reconunends that this initiative be reevaluated during the budget process every two years to examine the results. At that point the City may wish to increase or ,decrease the limit for energy performance contracts used in both City and School projects. In addition, the rating agencies may be more comfortable with these agreements and how they view this type of contract. The Director of Finance would investigate the opportunity to use low interest financing provided by the Virginia Resources Authority. 5 ?n4t1k~ p, ~/ ,~ / z 7:J/ t/S Prepared by: Matthew J. Bosse Date Management and Budget Analyst ~--E~ 5/p/DT Richard N. Du ord ' Date Debt & Financial Services Administrator Reviewed by: ~,~_W~~OAb 5/;2.).(62 Catheryn R Whitesell Date Director of Managem ervices 5" ~3-0g Patricia A. Phillips Date Director of Finance ~!,~L 5./:< 1/ () 'i Farrell E. Hanzaker I Oate hief Financial Offi er, Schools 5-/ J-J/or { Dale . Hansen ~~ ~~O"l. Date ' Chief of Finance & Technology ?~~ 5!Zq/Or6 fYr , Leslie L. Lilley Date City Attorney Approved by: ~ <; I ?j) / 0C8 I Date 6 I I III r ~... .{~.~.~...-. ~.C'7r&c a-,..,.. ..~% 1;'" ~{. \'i ~u -' M" >~ ..' 0) .. -; ~~ . I; {~" ~j ~..~ ,<'J ~:"-..I " "'- CITY OF VIRGINIA BEACH AGENDA ITEM ~/' ITEM: -./' A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding with the Sandler Center for the Performing Arts Foundation MEETING DATE: July 1,2008 . Background: The Sandler Center for the Performing Arts ("Center") is a City of Virginia Beach ("City") facility and community amenity which cost forty-six million seven hundred thousand dollars ($46,700,000) to construct. Approximately thirty-five million ($35,000,000) of the cost was financed with bonds, and the remaining eleven million seven hundred thousand ($11,700,000) was paid in cash from City funds; this cash portion is to be reimbursed to the City by private funds to be raised by the Sandler Center for the Performing Arts Foundation ("Foundation") (formerly known as the Virginia Beach Performing Arts Center Foundation). As of the date of this Memorandum of Understanding ("MOU"), the parties agree that the Foundation, through its Capital Fundraising Campaign, has received pledges of approximately twelve million dollars ($12,000,000). The City recognizes the diligent efforts of the Foundation in its fundraising and gratefully acknowledges the advanced receipt of three million eight hundred thousand dollars ($3,800,000) from the Foundation in Capital Fundraising Campaign proceeds, leaving a balance of eight million three hundred and twenty thousand dollars ($8,320,000), which is to be paid based on a 10-year payment schedule, While the Foundation had originally planned to invest capital funds collected so that investment income would be available to the Foundation's Endowment Program, the Foundation requests that the City invest their capital funds that exceed the amount set forth in the 10-year payment schedule. To the extent that actual payments to the City exceed the annual scheduled payment, the City will calculate an interest earned and provide such interest to the Foundation as a payment for its Endowment program, The Foundation's Endowment Campaign is designed to support the on-going objectives and activities of the Center, and the City wishes to encourage and support this initiative by directing the City Manager to include funds in its annual budget for contribution to the Foundation for Endowment purposes. The proposed annual contribution shall be subject to appropriation by the City Council and shall be based upon the interest earned by the City on capital funds paid that exceed the annual scheduled payment, as set forth in the MOU. Once the MOU is executed, two million seven hundred and eighty-five thousand five hundred and one dollars ($2,785,501) shall be transferred immediately by the Foundation to the City as the first payment in advance of the scheduled payment. . Considerations: The proposed agreement memorializes the responsibilities and obligations of the City and the Foundation as they relate to monies payable to the City by the Foundation. . Public Information: Public information will be provided through the normal process of advertising the Council's agenda. . Attachments: Resolution, Memorandum of Understanding dated July 1, 2008, Recommended Action: Approval h:ft .~jlJ ~ Submitting Department/Agency: Office of Cultural Affairs vrVtt"'V'\ City Manage~ Il- .~1SW'>z II I "I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SANDLER CENTER FOR THE PERFORMING ARTS FOUNDATION WHEREAS, the Sandler Center for the Performing Arts at Virginia Beach ("Center") is a community-based, professional quality, twelve hundred-seat facility that was recently constructed and opened at the Town Center in Virginia Beach; and WHEREAS, the mission of the Center is to provide exceptional cultural opportunities for the community to both participate in and enjoy and to serve as a cultural focal point for the performing arts in Virginia Beach; and WHEREAS, the Sandler Center for the Performing Arts Foundation ("Foundation"), which was formerly known as the Virginia Beach Performing Arts Center Foundation, is a permanent, non-profit section 501 (c)(3) organization whose responsibilities include (i) providing adequate resources for the activities of the Center through a commitment to fundraising, including capital endowment, and potential on- going annual fund raising; (ii) advising on long-range planning and vision for the Center; (iii) ensuring that the work of the Center is consistent with the mission; (iv) serving as an ambassador in the community and region advocating the mission and establishment of the Center; and (v) serving on committees or task forces, as needed; and WHEREAS, on July 12, 2005, the City and the Foundation entered into a two- tear operating agreement to memorialize the responsibilities and obligations of the City and the Foundation as they relate to certain operational activities of the Center; and WHEREAS, on July 10, 2007, the City and the Foundation entered into a Renewed and Restated Agreement that extended the term of the agreement from two years to ten years; and WHEREAS, the City and the Foundation now desire to enter into a Memorandum of Understanding regarding the Foundation's Capital Fundraising Proceeds, and this Memorandum of Understanding will supplement the preexisting Renewed and Restate Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: The City Manager is hereby authorized and directed to execute the Memorandum of Understanding on behalf of the City of Virginia Beach. A copy of the Memorandum of tJnderstanding is attached hereto. of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2008. day Approved as to Content: ~~ CA10797 June 24, 2008 R-1 Approved as to Legal Sufficiency: Z:~V City Attorney's Offi 2 " I II Memorandum of Understanding Between The City of Virginia Beach and the Sandler Center For the Performing Arts Foundation July 1,2008 I. Purpose and Receipt of Capital Fundraisin2 Campai2n Proceeds The Sandler Center for the Performing Arts ("Center"), which was formerly known as the Virginia Beach Performing Arts Center Foundation, is a City of Virginia Beach ("City") facility and community amenity which is budgeted at forty-six million seven hundred thousand dollars ($46,700,000) to construct. As summarized in Table 1 below, approximately thirty-five million ($35,000,000) of the cost was financed with bonds, and the remaining twelve million ($12,000,000) was paid in cash from City funds. rO.lect - an er enter or t e er ormm2 rts Sources of Financing Original Adjustments Current Charter Bonds (general obligation) $2,743,000 0 $2,743,000 Public Facility Revenue Bonds $32.257.000 Q $32.257.000 Sub-total - Bond Financing* (issued in 2003 $35,000,000 0 $35,000,000 and 2007) Private Contributions (cash) $11.700.000 $300.000 $12.000.000 TOTAL APPROPRIATED FUNDING $46,700.000 $300,000 $47,000.000 Table 1 CIP P . #3 283 S dl C ~ h P ~ A The financing plan for the Center provided that the cash portion of the funding was to be reimbursed to the City by private funds to be raised by the Sandler Center for the Performing Arts Foundation ("Foundation"). As of the date of this Memorandum of Understanding ("MOU"), the parties agree that the Foundation, through its Capital Fundraising Campaign, has received pledges of approximately twelve million dollars ($12,000,000). A summary of the funding payable to the City by the Foundation is set forth in Table 2. Table 2 Monies Pa able to the Ci b the Foundation Capital Fund Raising Campaign Capital Enhancements (Plaza Marquee) Total Capital Costs City Loan for Start-up Costs TOTAL Payable to CITY Paid to City to Date BALANCE OWED to CITY on Ma 1, 2008 The Foundation represents that the pledges are receivable from donors based upon individual payment schedules, over a period of ten (10) years, as set forth in Table 3 below: Table 3 Foundation's Anticipated Receipt of C 't Ie' PI d . .. . ~ 'k i ,~ ~: v 0 ~ ~ ;,. , j^{'j'i;l'r\3r.]!'z: :" c - :'"', ""y~il 1.4'Y'1l',J'\ j""l1(,:jjif.'\,,'i \~.(.h-dj,'i ~ 'j~flr ',~l'l'lc:r;r~v. ,," :,~ Beginning Cash Balance 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 TOTAL: $2,785,501 $1,548,731 $1,805,508 $715,760 $518,500 $418,500 $132,500 $132,500 $132,500 $120,000 $10.000 $8,320,000 The City recognizes the diligent efforts of the Foundation in its fundraising and, to date, gratefully acknowledges the advanced receipt of three million eight hundred thousand dollars ($3,800,000) from the Foundation in Capital Fundraising Campaign proceeds. The parties further agree that the Foundation shall pay to the City additional Capital Fundraising Campaign proceeds in the amount of eight million three hundred and twenty thousand dollars ($8,320,000). Of this amount, two million seven hundred and eighty- five thousand five hundred and one dollars ($2,785,501) shall be transferred by the Foundation to the City as of the effective date ofthis MOD. II. Payment of Capital Fundraisine: Proceeds to the Citv In an effort to assist the Foundation in the management of Capital Fundraising Campaign proceeds, the Foundation shall transfer to the City the Capital Fundraising Campaign proceeds received by the Foundation whenever cumulative receipts total one hundred thousand dollars ($100,000), until all Capital Fundraising Campaign scheduled payments are received. Payments shall be made by the Foundation to the City of Virginia Beach, Department of Finance. Upon receipt of the Capital Fundraising Campaign proceeds, the City shall deposit such funds into an appropriate account in a manner that permits the identification of funds received. It is recognized and agreed by the parties that upon transfer of Capital Fundraising Campaign proceeds by the Foundation to the City, the funds shall become City funds and the Foundation will have no management oversight or claims to the funds. 2 II I "I , In order to repay the cash funds advanced for the construction of the Center, the City shall draw annually, subject to availability, from such Capital Fundraising CampaigrI proceeds deposited with the City beginning on the 30th day of September, commencing in 2008 and ending in 2017, pursuant to the following schedule ("Draw Schedule"): Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 TOTAL: Table 4 City's Draw Schedule Annual Payment to the City $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $750,000 $750,000 $750,000 $750,000 $320,000 $8,320,000 The Draw Schedule may be amended from time-to-time if Capital Fundraising CampaigrI proceeds received from the Foundation are less than those projected or are not received within the times projected. Based upon this Draw Schedule, it is anticipated that an on-going balance will remain in this draw account from year to year until the final draw and that this balance will accrue investment proceeds that will be earned for the benefit of the City, and the sum of all funds received and proceeds earned therefrom will exceed the initial cash investment by the City. III. Contribution to the Foundation's Endowment Proe:ram The City recogrIizes that the Foundation intends to continue to support and playa key role in the future of the Center. To this end, the Foundation has initiated an Endowment CampaigrI to support the on-going objectives and activities of the Center, and the City wishes to encourage and support this initiative. As such, the City agrees that it shall direct the City Manager to include funds in its annual budget for contribution to the Foundation to assist the Foundation in its pursuit of Endowment fundraising activities and Endowment functions. The proposed annual contribution shall be subject to appropriation by the City Council and shall be based upon the schedule set forth in Table 5. 3 Table 5 ," !, ", -.:: ' . " , i ' - ~ ,J -:; . I ~ I ' Sept 30 of each Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 3 mo interest $2,785,501 .. 3,334,232 4,139,740 3,855,500 3,374,000 2,792,500 2,175,000 1,557.,500 940,000 310,000 4 mo interest $1,785,501 2,334,232 3,139,740 2,855,500 2,374,000 2,042,500 1,425,000 807,500 190,000 (10,000) 5 mo interest $3,334,232 4,139,740 3,855,500 3,374,000 2,792,500 2,175,000 1,557,500 940,000 310,000 (0) Total *The $2,785,501 eams interest for 5 months from 5/1/2008 - 9/30/2008 ""Calculated based on surplus funds eaming interest at 3,2% per annum, $100,642 106,769 118,015 106,289 89,548 73,127 53,367 33,607 13,680 2.373 $697,416 This schedule represents the projected accrual of surplus funds in the draw account that exceed the City's cash contribution to the Center. The schedule will be adjusted downward if contributions are not received pursuant to the projected schedules provided by the Foundation or if interest rates change. As evidence of their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: Sandler Center for the Performing Arts Foundation By: Title: City of Virginia Beach By: City Manager/Authorized Designee Approved as to Availability of Funding: Department of Finance 4 Approved as to Content: Cultural Affairs II III Approved as to Legal Sufficiency City Attorney's Office 5 i, I ,II , ~ ~I .~ CITY OF VIRGINIA BEACH AGENDA ITEM """ \.. ~ ITEM: An Ordinance Authorizing the City Manager to Execute a First Amendment to the 2003 Purchase Agreement Between the City and LifeNet MEETING DATE: July 1, 2008 . Background: In June 2003, the City of Virginia Beach sold approximately 15.82 acres to LifeNet. At the time of the sale, the City granted LifeNet a ten (10) year option for a contiguous parcel (the "Option Parcel") comprising approximatery 6,57 acres of land for the company's future expansion plans, LifeNet pays $10,000 annually for the right of this option. · Option Parcel Year 1-5 Purchase Price: $125,000/acre · Year 1-5 Purchase Price currently expires on July 10, 2008 · Option Parcel Year 6-10 Purchase Price: Fair Market Value . Considerations: LifeNet and City staff have requested that the Year 1-5 Purchase Price be extended to expire on July 10, 2010, so that LifeNet has additional time at the Year 1-5 Purchase Price (as opposed to the Year 6-10 Purchase Price) to develop and finalize its expansion plans, In exchange for this accommodation, LifeNet has agreed to construction deadlines, to be enforced by the City's right to repurchase the Option Parcel. In addition, the City gets the right to review LifeNet's construction plans to ensure a substantial investment in the property, . Public Information: Public Information for this item will be handled through the normal Council agenda process, . Alternatives: The City Council can choose to not extend the Year 1-5 Purchase Price, and require that the expiration date for the Year 1-5 Purchase Price remain July 10, 2008 and that all other terms related to LifeNet's option to purchase the Option Parcel remain unmodified and be implemented. . Recommendations: Authorize the City Manager to execute the First Amendment to Purchase Agreement in accordance with the Summary of Terms attached hereto, . Attachments: Ordinance, Summary of Terms Recommended Action: Approval h C- .. Submitting Department/Agency: Economic Development City Manager: ~\ t. ~0v'1 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A FIRST AMENDMENT 3 TO THE 2003 PURCHASE AGREEMENT BETWEEN 4 THE CITY AND L1FENET 5 6 WHEREAS, the City of Virginia Beach (the "City") as Seller, and LifeNet, a 7 Virginia non-stock corporation ("Life Net") , as Buyer, are parties to a certain Agreement 8 of Sale (the "Purchase Agreement") dated March 26, 2003, relating to a 15.82 acre 9 parcel and a 6.57 acre parcel (the "Option Parcel"), located in the City of Virginia Beach; 10 11 WHEREAS, LifeNet's option to purchase the Option Parcel currently expires on 12 June 10, 2013; 13 14 WHEREAS, the purchase price for the Option Parcel from June 11,2003 15 through July 10, 2008 is One Hundred Twenty Five Thousand and 00/100 Dollars 16 ($125,000) per acre, with an annual escalator based on the Consumer Price Index (the 17 "Year 1-5 Purchase Price"); 18 19 WHEREAS, the purchase price for the Option Parcel from July 11, 2008 through 20 June 10, 2013 is the fair market value of the Option Parcel; 21 22 WHEREAS, LifeNet and City staff have requested that the Year 1-5 Purchase 23 Price be extended until July 10, 2010 so that LifeNet can develop and finalize its 24 expansion plans; . 25 26 WHEREAS, in exchange for such extension, LifeNet has agreed to construction 27 deadlines, to be enforced by the City's right to repurchase the Option Parcel. In 28 addition, the City gets the right to review LifeNet's construction plans to ensure a 29 substantial investment in the property; and 30 31 WHEREAS, the City Council is of the opinion that the First Amendment to 32 Purchase Agreement is in the best interests of the City of Virginia Beach, 33 34 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 That the City Manager is hereby authorized to execute a First Amendment to 38 Purchase Agreement amending the Purchase Agreement in accordance with the 39 Summary of Terms attached hereto and such other terms and conditions deemed 40 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 41 City Attorney, 42 43 Adopted by the Council of the City of Virginia Beach, Virginia on the ,2008. APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT II I 'II I day of o~~ Signature tUJAJ/JPrIC .1 f//~f J.1ZPl Department ~. CA 10737 v: lapplicalionslcilylawprodlcycom321 WpdocslDO 12\P003100059819.DOC R-1 June 20, 2008 SUMMARY OF TERMS An Ordinance Authorizing the City Manager to Execute a First Amendment to the Purchase Agreement Between the City and LifeNet SELLER: City of Virginia Beach (the "City") PURCHASER: LifeNet Health (f/k/a LifeNet), a Virginia non-stock corporation ("LifeNet") OPTION PARCEL: Approximately 6,5 acre parcel of land located adjacent to current Life Net parcel and located at the intersection of Concert Drive and Princess Anne Road, in Virginia Beach, Virginia OPTION EXPIRATION DATE: LifeNet's right to purchase the Option Parcel expires on June 10, 2013, PURCHASE PRICE: The current purchase price of the Option Parcel is $125,000 per acre plus an annual escalator based on the Consumer Price Index, and such price is currently set to expire on July 10, 2008, If LifeNet exercises its option to purchase the Option Parcel after July 10, 2008, then the purchase price becomes the fair market value of the Option Parcel. The Amendment would extend the current purchase price to expire on Julv 10. 2010 (one year and eleven months after the current expiration date). If LifeNet exercises its option to purchase the Option Parcel after July 10, 2010, then the purchase price becomes the fair market value of the Option Parcel. CONSIDERATION: In consideration of the extension of the current price, LifeNet has agreed to the following terms which will be included in the First Amendment: 1. Within six (6) months after LifeNet exercises its right to purchase the Option Parcel, LifeNet shall submit to the City Manager (or his authorized designee) Conceptual Plans for LifeNet's current parcel and the Option Parcel. Such Conceptual Plans must show planned development satisfactory to the City Manager (or his designee). Approval will not be unreasonably withheld if the Conceptual Plans show a development investment of $5,000,000 or greater. II I ," 2, LifeNet will have 18 months after its Conceptual Plans have been approved (as set forth above) to obtain all necessary approvals for development. 3. If LifeNet fails to commence construction within two years after it obtains all approvals, or fails to complete construction within three years after it obtains all approvals, then the City can repurchase the Option Parcel at the purchase price paid by Life Net. V .\applicationslcitylawprodlcycom32\ WpdocslDO 13\P003\00059863 .DOC )~ ~~ ~ ~ :;l-d ......co ~~ ~t ..7. ~~ ~~ ~ ~ 'Co ~ t 7. ~ ~ o .~ ~ :.a ,s II I ,I r.""G\~~8r~?~ ~~~~;i.~l.~.~r~,~ &." '" ... "~,d:t) 45[" :, \~~ ('.\~ ",..It, 5::)- \-.", ' ",}.' ..:'1,':'"'' .; """,,~..~ \'~'.:.::~~,~~~~:~~.r .................. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for less than five years with RW White Farm, LLC for 36 acres of City- owned land located on New Bridge Road MEETING DATE: July 1, 2008 . Background: The City of Virginia Beach owns an undeveloped parcel of land consisting of 36 acres (the "Property") located on New Bridge Road in the southern section of the City. RW White Farm, LLC has been farming this property and has requested to continue leasing the Property for farming and agricultural purposes, By leasing this property the City avoids having to incur maintenance costs, Approximately 23 acres of the Property are cultivatable, . Considerations: This lease would be for a single payment of $575 for a term of six months with options for four (4) one-year renewals, . Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda . Alternatives: Approve Lease Agreement as presented, change conditions of the Lease Agreement or deny leasing of the Property, . Recommendations: Approval . Attachments: Summary of Terms Ordinance Lease Location map Recommended Action: Approval & Submitting Department/Agency: Management se~acilities Management Office k.~~ SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: RW White Farm, LLC PREMISES: Approximately 36 acres located at 3180 New Bridge Road as shown on the attached Exhibit A TERM: June 1, 2008, through December 31, 2008, with 4 one-year renewal options RENT: $575,00 for six months RIGHTS AND RESPONSffiILITIES OF TENANT: . Will use the Premises solely for agricultural purposes . Will keep, repair, and maintain the Premises at its expense, and will not remove any timber on the Premises unless approved by City . Will maintain commercial general liability insurance coverage with policy limits of not less than $500,000 combined single limits per occurrence and will name City as additional insured . Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease TERMINATION: The City may terminate the Lease at any time without cause by giving 6 months written notice - City to pay agreed-upon sum to Lessee to cover any loss for unharvested crop, if applicable II I 'I 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A LEASE FOR LESS THAN FIVE YEARS WITH RW 3 WHITE FARM, LLC FOR 36 ACRES OF CITY-OWNED LAND 4 LOCATED ON NEW BRIDGE ROAD 5 6 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 7 certain parcel of land consisting of 36 acres (the "Premises") located on New 8 Bridge Road in the southern section of the City; 9 10 WHEREAS, RW White Farm, LLC has agreed to pay the City $575.00 for 11 the use the Premises for a six month period; 12 13 WHEREAS, RW White Farm, LLC would like to enter into a formal lease 14 arrangement with the City for the Premises shown on Exhibit A; 15 16 WHEREAS, the Premises will be farmed and used solely for agricultural 17 purposes; 18 19 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 22 That the City Manager is hereby authorized to execute a lease for a term 23 of less than five years between RW White Farm, LLC and the City for the 24 Premises in accordance with the Summary of Terms attached hereto and such 25 other terms and conditions deemed necessary and sufficient by the City Manager 26 and in a form deemed satisfactory by the City Attorney, 27 28 Adopted by the Council of the City of Virginia Beach, Virginia on the 29 day of , 2008 CA 10577 R-1 6/18/08 V:\applications\citylawprod\cycom32\Wpdocs\D013\P003\OOO59851.DOC APPROVED AS TO LEGAL SU ICIE AND FORM APPROVED AS TO CONTENT 0~ >z.::= '8 i~~::ry ~o~:~ - -_. ~\I)g...... 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' ~~_ t t: .., - .... ~~~tn _~t")~~~ ,lq:::~ - ~; ulJ,~~~'6 :1: ~~~~~z ..,~ Q..z ~<t:1 a:"Q&:::~c.n 0;:500 ~ b t: .... -\1\ ~~~- N'?2~~ ,l:!';~ ... ulJ,";~O u~~~z ~.... ci\::l o..z......<.n tjj~~ ~ "- .... '" S$ J: J: ",,,, / / ,. ,. ,.-/ ,'/oJ:'2/-.il" ' .' cr~'il"ft~ .' /&:'l:.l'f): .' //o/~~7J.(.l, " ~ ~Z~R' . ,.- &~-"'''4''iY./ . " 6 t~ (J ./ / , ; ~.a~ \",,,,~ \ ~~~~ . O:li1~~ 1 !!%~i~~~ ~~~~:>~~ ::> '-"-' .i -' i ! I ./ ,..., ,: .'. '. ,.' ~'. -~.. "" / " '. I , ~il1~ "" i,,~; ~~U~~\~ '../ \~~~\~\~ ..ii ,,,s:,...;:l' 1~ O.J~"~""i I ~o3' !l."~ ~"'E~~:>~~ ;" l~~~~;~ ~~~ ':1~::O~ !l ..,; / ~ . ~~ \ , < ~ 5 '" z ~ \ 5 \ 0 ~5~ ~\5,o \ i !~ !~~\ ~:o~ ~~\ %1 ~ ~ %iU t~H\ 5ii ~ S\r'" \a \ ~~ 5' !~~% ~ ~~pl ii :.isd ~ as d'tli~~ 55 ~;",m~ ~iib ~ t ~i G r~ \ \ 8\0 ~li t~~ '55! i~g ~ w p 0 ~ ~~t -~ ~\Se ~ .,,.; s .~ ~g~~ ~ ~~8~ > ~1 ~~\ ~~ !:l "5 Hd gs ~~ iS~ 5~ ~~!~ \is' %15 g\> ~~\t ~5 ~5 ~~<a t iii hg'" > :>~ to ~ ~ ~~i~ ~ ~ I I , -:~~ ,{..~' ~~i!;1 flr: -> ~,_. ~.~ ~ti~.s:, ,~~,-- - F :\; " ~ "'~. ..~ <I' ~~ CITY OF VIRGINIA BEACH AGENDA ITEM " \.. ~ ITEM: A Resolution Commending Wave Church and Hampton Roads Community Care MEETING DATE: July 1, 2008 . Background: Hampton Roads Community Care, an initiative of Wave Church, is a private 501(c)3 non-profit organization dedicated to improving the lives of individuals and families in Hampton Roads and provides basic care (food distribution, soup kitchen and clothes closet), educational services (tutoring and mentoring), and health and human services (Oasis Counseling Center and addiction recovery programs), Hampton Roads Community Care has positively impacted the lives of children and families throughout the Hampton Roads community, and in particular, the City of Virginia Beach, by assisting our City and its citizens by serving hot meals to kids and adults in Atlantis Apartments through the Healthy Living Supplemental Meal program; improving the lives of hundreds of individuals and families through its addiction recovery programs; reaching. out to women in crisis by providing counseling, training and practical resources and supplies; providing over 2,000 hours of tutoring and mentoring to children and youth throughout Hampton Roads; helping over 1,500 children start school off right with required school supplies; supplying Thanksgiving baskets to 150 families and a hot meal to over 150 seniors; and bringing the joy of Christmas to over 250 needy children with gifts and stockings, . Considerations: This resolution commends Wave Church and Hampton Roads Community Care for their faithful and tireless efforts to improve the lives of citizens of Virginia Beach and the Hampton Roads community. . Public Information: This item will be advertised in the same manner as other agenda items, . Attachments: Resolution Requested by Councilmember DeSteph REQUESTED BY COUNCILMEMBER DeSTEPH 1 A RESOLUTION COMMENDING WAVE CHURCH AND 2 HAMPTON ROADS COMMUNITY CARE 3 4 WHEREAS, Hampton Roads Community Care, an initiative of Wave Church, is a 5 private 501(c)(3) non-profit organization dedicated to improving the lives of individuals 6 and families in Hampton Roads and provides basic care (food distribution, soup kitchen 7 and clothes closet), educational services (tutoring and mentoring), and health and 8 human services (Oasis Counseling Center and addiction recovery programs); 9 10 WHEREAS, Hampton Roads Community Care has positively impacted the lives 11 of children and families throughout the Hampton Roads community, and in particular, in 12 the City of Virginia Beach, by: 13 14 . Serving over 3,600 nourishing hot meals to kids and adults in Atlantis Apartments 15 low income housing complex through the Healthy Living Supplemental Meal 16 program; 17 . Improving the lives of hundreds of individuals and families through its addiction 18 recovery programs; 19 . Reaching out to women in crisis by providing counseling, training and practical 20 resources ~nd supplies; 21 . Providing over 2,000 hours of tutoring and mentoring to children and youth 22 throughout Hampton Roads; 23 . Helping over 1,500 children start school off right with required school supplies; 24 . Supplying Thanksgiving baskets to 150 families and a hot meal to over 150 25 seniors; and 26 . Bringing the joy of Christmas to over 250 needy children with gifts and stockings. 27 28 WHEREAS. the City Council would like to thank Wave Church and Hampton 29 Roads Community Care for their faithful and tireless efforts to improve the lives of 30 citizens of Virginia Beach and the Hampton Roads community. 31 32 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 33 VIRGINIA: 34 35 That the City Council, on behalf of the citizens of the City of 36 Virginia Beach, hereby commends the Wave Church and the staff and volunteers of 37 Hampton Roads Community Care for all of the wonderful work that they have 38 accomplished throughout the region and, in particular, in the City of Virginia Beach, by 39 providing necessary food resources, educational and human support services and an 40 unwavering sense of encouragement, as Hampton Roads Community Care continues to 41 empower individuals and improve their lives. 42 43 Adopted by the City Council of the City of Virginia Beach, Virginia, this 44 day of . 2008. II II APPROVED AS TO LEGAL SUFFICIENCY: R~lr= City Attorney's Offic CA 10796 R-3 June 24, 2008 II I 'I ~i;"h r,}rJ:~'.~.~ ..- .....c..Z?~ (;.:.'v ..\\.., (r:: ,t 11!.~ ((<:i~ ;~:: ,....-'--- -. ~;" .;-~. ~U,; ~' ~#."'.I ~~.y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $139,900 from the General Fund Reserve for Contingencies to the FY 2007 -08 Operating Budget for Revenue Reimbursements to Support Tax Exemption for the Elderly and Disabled MEETING DATE: July 1, 2008 . Background: In FY 2007-08, the Commonwealth of Virginia increased the income cap from $52,000 to $62,000 for the Tax Relief for the Elderly and Disabled program. City Council also agreed to raise the City's threshold to the State maximum of $62,000. The program offers three options to eligible senior citizens: tax relief (exemption), tax freeze or tax deferral. The vast majority of program recipients (6,391) received a tax exemption in FY 2007-08 while a few recipients received a freeze or deferral. The average exemption for FY 2007-08 was $2,192 per recipient. . Considerations: For FY 2007-08, over 6,400 elderly and disabled homeowners with incomes less than $62,000 and a net worth less than $350,000 participated in the tax relief program. The total cost to provide this relief in FY 2007-08 is $14.1 million. Since the program has experienced more participants than anticipated, the budgeted amount for tax relief has been exceeded. Collectively, this has resulted in relief in the amount of $14.1 million, which exceeds the estimated budget by approximately $139,900, Funding is currently available in the FY 2007-08 Reserve for Contingencies and the remaining balance is $161,887 after this transfer of appropriations. . Public Information: Public information will be handled through the normal agenda process, . Recommendations: Transfer $139,900 from the General Fund Reserve for Contingencies to the FY 2007-08 Operating Budget for Revenue Reimbursements. . Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Management servie---- City Manager: ~l \L .~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 -14 15 16 17 18 19 20 21 AN ORDINANCE TO TRANSFER FUNDS FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2007-08 OPERATING BUDGET FOR REVENUE REIMBURSEMENTS TO SUPPORT TAX EXEMPTION FOR THE ELDERLY AND DISABLED WHEREAS, participation exceeded projections in the Tax Relief for the Elderly and Disabled program. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $139,900 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2007-08 Operating Budget for Revenue Reimbursements to support Tax Exemption for the Elderly and Disabled to fully fund this program. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day of Requires an affirmative vote by the majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~;/ CA 10798 R-2 June 18, 2008 II I I -~~~ ,.{~~'..~q:t rO'.;t....~....'?1, [sr.. . ::;'1'1j <,f_ , ,.,\,~; .. '..: ~ ;> ....;s:~-:.V \"~..:y:;;:~~J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to the FY 2008-09 Sheriffs Department Operating Budget to Provide Funding for State Pay Increases for Uniformed Sheriff Personnel on July 1, 2008 MEETING DATE: July 1, 2008 . Background: The State Compensation Board reimburses the Sheriff's Office for deputy and clerical salaries and a portion of fringe benefits. The State budget included a 2.0% increase in the Deputies "Compensation Board" salary effective December 1, 2008. The projected amount of additional revenues to be provided by the State for the salary increase amounts to $174,647. The Sheriff proposes accelerating the date of the increase to July 1, 2008 using the Sheriffs Special Revenue fund balance, as has been the practice in the past years, . Considerations: To institute the Compensation Board based salary increases and Sheriff's requested acceleration date of July 1, 2008, additional appropriations in the amount of $360,073 would need to be allocated to the Sheriff's FY 2008-09 Operating Budget. This increase would be financed from $174,647 in increased State revenue, $151,230 from Sheriff's Special Revenue fund balance and $34,196 from the City's General Fund Dedicated Reserve for Contingencies. With this salary advancement, Sheriff Deputies will receive a 2% salary increase July 1 sl while Police Officers and Firefighters will only receive a 1 % salary increase. Public Safety employees are also receiving'the increase in their Virginia Retirement benefits. . Public Information: Public information will be handled through the normal agenda process. . Recommendations: It is requested that City Council approve an increase in appropriations to the Sheriff's FY 2008-09 Operating Budget in the amount of $360,073. . Attachments: Ordinance Recommended Action: Submitting Department/Agency: Sheriff and Corrections City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2008-09 SHERIFF'S DEPARTMENT OPERATING BUDGET TO PROVIDE FUNDING FOR STATE PAY INCREASES FOR UNIFORMED SHERIFF PERSONNEL ON JULY 1, 2008 WHEREAS, the State Compensation Board granted pay raises for Sheriff's Department uniform personnel effective December 1, 2008; and WHEREAS, the Sheriff has requested the use of Fund Balance from the Sheriff's Department Special Revenue Fund to accelerate pay raises to July 1, 2008. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Estimated revenues from the Commonwealth of Virginia Compensation Board are hereby increased by $174,647. Appropriations to the Department of Sheriff and Corrections FY 2008-09 Operating Budget to fund salary raises for Sheriff's employees are increased by $174,647. Appropriations from the Fund Balance of the Sheriff's Department Special Revenue Fund to the Department of Sheriff and Corrections FY 2008-09 Operating Budget to provide one-time funding to advance pay raises for uniform personnel to July 1,2008 are increased $151,230. That $34,196 is hereby transferred from the General Fund Dedicated Reserve for Contingencies to the Department of Sheriff and Correction's FY 2008-09 Operating Budget to fund the fringe benefit portion of the pay increases for Sheriff's personnel. Adopted by the Council of the City of Virginia Beach, Virginia on the ,2008. day of Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content Approved as to Legal Sufficiency t?l~~ tiorney's Ice ~ &'~f--- CA 10802 R-3 June 23, 2008 II I 'I , """ ~.~....:'\ ~tt;~J} '<\:~~~p' ~~~..:..;,.:.~~~:ij'" \.. CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance to Appropriate $75,000 from the Fund Balance of the Sheriff's Department Special Revenue Fund to the Sheriff's Department FY 2008-09 Operating Budget to Provide Funding for a Language Fluency Stipend Pilot Program MEETING DATE: July 1,2008 . Background: The Sheriff's Department plans to start a language fluency stipend pilot program for Sheriff's Department employees. Due to the number of non- English speaking inmates, the employee, if they are fluent in a foreign language, would receive a monthly stipend of $100 added to their paycheck. Projections for the pilot program are anticipated to cost $75,000 with approximately 60 to 65 employees participating. The employee must pay for a proficiency test from an approved testing site and receive a certificate of competency which is sent directly to the Sherriff's Department. The proficiency test is not reimbursable and is paid for at the employee's expense. . Considerations: To institute the language fluency pilot program, $75,000 would be appropriated from the Sheriff's Special Revenue fund balance to the Sheriff's Department FY 2008-09 Operating Budget. If continued beyond the pilot program, future funding will be provided through Federal revenues. . Public Information: Public information will be handled through the normal agenda process. . Recommendations: The Sheriff requests that City Council approve an increase in appropriations to the Sheriff's Department FY 2008-09 Operating Budget in the amount of $75,000. . Attachments: Ordinance Submitting Department/Agency: Sheriff and Corrections 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO APPROPRIATE $75,000 FROM THE FUND BALANCE OF THE SHERIFF'S DEPARTMENT SPECIAL REVENUE FUND TO THE SHERIFF'S DEPARTMENT FY 2008-09 OPERATING B"UDGET TO PROVIDE FUNDING FOR A LANGUAGE FLUENCY STIPEND PILOT PROGRAM WHEREAS, the Sheriff has requested the use of Fund Balance from the Sheriff's Department Special Revenue Fund to institute a pilot program for language fluency stipends; and WHEREAS, funding for the language fluency stipends is provided for FY 2008- 09 using the Fund Balance from the Sheriff's Department Special Revenue Fund; and WHEREAS, any future 'costs for the program will be funded using Federal revenue sources generated by the Sheriff's Department. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $75,000 is hereby appropriated from the Fund Balance of the Sheriff's Department Special Reven.ue Fund to the Sheriff's Department FY 2008-09 Operating Budget to provide funding for a language fluency stipend pilot program. 2. Prior to continuing the program, a report on the language fluency stipend pilot program will be provided to City Council along with a request for funding to continue the program. Adopted by the Council of the City of Virginia Beach, Virginia on the ,2008, day of Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content Approved as to Legal Sufficiency CA 10801 R-3 June 23, 2008 II I 'I , L. PLANNING 1. Application of NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) for a Conditional Use Permit re a communication tower at 5060 Ferrell Parkway. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROV AL 2. Application of AASHNI PROPETIES for a Conditional Use Permit re a one (1) bay automated car wash station at 5636 Princess Anne Road. DISTRICT 2 - KEMPSVILLE RECOMMENDA nON APPROVAL 3. Application of TERRY SPITZER for a Conditional Use Permit re construction of a noncommercial marina and pier to replace an existing pier at 3850 Little Neck Point Road DISTRICT 5 - L YNNHA VEN RECOMMENDA nON APPROV AL 4. Application of CHRIS WYNNE for a Conditional Use Permit re operation of a riding academy and horse boarding facility at 1825 Pleasant Ridge Road DISTRICT 7 - PRINCESS ANNE RECOMMENDA nON APPROVAL 5. Application of SANDRA K. SAWYER (Sandy's Angels Daycare) for a Conditional Use Permit re in-home daycare of up to twelve (12) children at 5621 Parkland Court DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROV AL 6, Ordinances re the City Zoning Ordinance (CZO): a. AMEND ~111 to reflect provisions of the Virginia Code ~15.2-2291(A) as adopted by the 2008 General Assembly re definition of "Family" b. AMEND S103 to reflect provisions of the General Assembly legislation (HB 430) re Zoning Administrator or his or her agent's authorization to present sworn testimony to a Judge or Magistrate requesting issuance of inspection warrants c. AMEND 9103 re Civil Penalties to reflect provisions of the General Assembly's change (HB 1308) d. AMEND ~ 160 1 re a Coastal Primary Sand Dune to reflect provisions of the General Assembly's change (HB 1308) expanding the definition of coastal primary sand dune to include dunes with Virginia pine, Japanese sedge or broom sedge growing RECOMMENDATION APPROV AL II II NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City' Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, . July 1, 2008, at 6:00 p.m. The following I' applications will be heard: I DISTRICT 1 . CENTERVILLE SANDRA K. SAWYER Application: Conditional Use Permit for a home occupation (day care) at 5621 Parkland Court (GPIN 1466000982). AICUZ. is Less than 65 dB. NEW CINGULAR WIRElSSS PCS, LLC (T/A AT&T) Application: Conditional Use Permit for a communication tower at 5060 Ferrell Parkway (GPIN 1465575095). AICUZ is Less than 65. DISTRICT 5. LYNNHAVEN TERRY SPITZER Application: Conditional Use Permit for 8. noncommercla~ marina and pier at 3850 Little Neck PoInt. Road (GPIN 1489533060; 1489534109). AICUZ is Less than 65. DISTRICT 2 . KEMPSVILLE - MSHNI PROPERTIES Application: Conditional Use Permit for a car wash at 5636 Princess Anne Road (GPIN 1467133519). AICUZ is Less than 65. DISTRICT 7 . PRINCESS ANNE CHRIS WYNNE Application: Conditional Use Permit for horse boarding t 1825 Pleasant Ridge Road (GPIN 2411295277). AICUZ is less than 65. CITY OF VIRGINIA BEACH. Ordinance to Amend Section 111 of the City Zoning Ordinance, Pertaining to the Definition of "Family". Ordinance to Amend Section 103 of the City Zoning Ordinance Pertaining to the Issuance of Inspection Warrants. ' Ordinance to Amend Section 103 of the City Zoning Ordinance, Pertaining to Civil Penalties. Ordinance to Amend Section 1601 of the City Zoning Ordinance, Pertaining to the Definition of "Coastal Primary Sand Dune". All interested parties are invited to attend, Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordimlnces, resolutions and amendments are on file and may be examined in the Department of Planning or online at httD:/ /www.vbItov.cOlQ/~ For information call 38&4621. If you are physically disabled or vlsuaOy Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon -Jum! 15 & 22, 2608 - - - - - - - - - i8a85326- NEW CINGULAR WIRELESS, AT&T Relevant Information: · Centerville District . The applicant requests a Conditional Use Permit to allow the installation of a communications tower on this site. . The applicant proposes to lease approximately 40' x 80' of area for a wireless communications facility. The communications facility will have a 150-foot tall monopole (with a four-foot tall lightning rod) and an equipment shelter at the ground level. Evaluation and Recommendation: · Planning Staff recommended approval . Planning Commission recommends approval (10-0) · No opposition (Consent Agenda). I I II ~~:'I .{~~.~... ......~' f;?r.. ,\'fl, (<:1 . . \7.~ \~\~ !~j ~~~~ ~" ",,"'".r -...;.....~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW CINGULAR WIRELSSS PCS, LLC (T/A AT&T) for a Conditional Use Permit for a communication tower on property located at 5060 Ferrell Parkway (GPIN 1465575095). AICUZ is Less than 65. DISTRICT 1-CENTERVILLE. MEETING DATE: July 1,2008 . Background: The applicant requests a Conditional Use Permit to allow the installation of a communications tower on this site. The applicant proposes to lease approximately 40' x 80' of this commercial site for the tower and associated equipment. . Considerations: The communications facility will have a 150-foot tall monopole (with a four-foot tall lightning rod) and an equipment shelter at the ground level. The lease area will be secured by a fence and shielded by the appropriate required landscaping. The tower will support up to three (3) additional antenna arrays (carriers) in addition to the applicant. There will be no on-site employees. A technician or maintenance person may visit the site periodically to check equipment. It is The applicant submitted the required structural report indicating that the proposed tower's design meets the requirements of the International Building Code. The applicant also submitted a Nonionizing Electromagnetic Radiation Report (NIER), indicating that emissions do not exceed minimum ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. Staff concludes that this tower will not be intrusive to the visual aesthetics of the community, and this location represents the best alternative for the need in service. The proposed tower satisfies the criteria for wireless communication facility locations in Section 232 of the City Zoning Ordinance. The Planning Commission placed this item on the consent agenda because this request meets the standards of Section 232 of the City Zoning Ordinance, enhances cellular service to this area, and there was no opposition. New Cingular Wireless PCS, L.L.C, (AT&T) Page 2 of 3 . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. When developed and installed, the antennas shall be in substantial conformance with the antenna depicted on the plans entitled, "AT & T NF341B Ferrell Parkway Ferrell Parkway Virginia Beach, VA 23464 (Sheets T-1, C-1 C-2 C-3 C-4 & L-1 with a revision date 4/02/08 and Sheet SP-1 dated 11/28/07), prepared by SAI Communications with consultants ALLPRO Consulting Group, Inc. and Harvey L. Parks, Inc. 2. The tower shall be limited in height to 150 feet with a lightning rod of 4 feet for a total height of 154 feet In no instance shall antennas be installed higher than the existing 150-foot high tower, 3. The applicant shall install a solid wood privacy fence around the proposed telecommunication tower and/or ground equipment depicted on the final site plan, with final approval at the discretion of the Planning Director. No barbed wire shall be permitted. Landscaping around the tower shall comply with the City ordinance requirements. 4. No signs indicating the location of this facility are allowed. 5. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 6. In the event interference with any City of Virginia Beach emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference, 7. The Director of Planning may allow the installation of a type of antennas different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. New Cingular Wireless PCS, L.L.C. (AT&T) Page 3 of 3 I I 8. Should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the antennas, tower and related equipment. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Plannin Commission recommends approval. Submitting DepartmentlAgenCr Planning Department City Manage~ ~ ,'?:sri~ NEW CINGULAR WIRELESS PCS, LLC (AT&T) Agenda Item 9 June 11, 2008 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for communications tower, ADDRESS I DESCRIPTION: Property located at 5060 Ferrell Parkway, GPIN: COUNCIL ELECTION DISTRICT: 14655750950000 (portion of) 1 - CENTERVILLE TOWER SITE SIZE: 3,200 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow the installation of a communications tower on this site. The applicant proposes to lease approximately 40' x 80' of area for a wireless communications facility. The communications facility will have a 150-foot tall monopole (with a four-foot tall lightning rod) and an equipment shelter at the ground level. Total height proposed will be 154 feet. The lease area will be secured by a fence and shielded by the appropriate required landscaping, There will be no on-site employees. A technician or maintenance person may visit the site periodically to check equipment. LAND USE AND ZONING INFORMATION SURROUNDING LAND USE AND ZONING: North: EXISTING LAND USE: Undeveloped portion of a retail site South: . Across Ferrell Parkway single-family dwellings I PD-H1 Planned Development Unit District . Multi-family dwellings I PDH1 Planned Development Unit District NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL Agenda Item 9 Page 1 I II East: . Retail and pharmacy I PD-H1 Planned Development Unit District West: . Across Indian River Road, single-family homes I R-7,5 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The portion of the site proposed for this request is open field. There are no known cultural features associated with this site. A portion of this site is impacted by wetlands. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana, IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Ferrell Parkway in the vicinity of this application is considered a four-lane divided major suburban arterial. The Master Transportation Plan proposes a divided, access controlled facility with bikeway within a 120 foot right-of-way. No Capital Improvement Program projects are slated for this roadway in the vicinity of this application, TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Ferrell Parkway 52,989 ADT ' 32,500 ADT (max. Level Existing Land Use"- (Ferrell Pkwy of Service "CO) 5,420 ADT 2008) 34,900 ADT 1 (max. Level Proposed Land Use 3 - of Service "0") I capacity 2 trips per month 37,100 ADT 1 (max. Level of Service "E") , Average Dally Trips 2 as defined by convenience market wi gas pumps 3 as defined by wireless telecommunications facility WATER and SEWER: No impact. POLICE: No Police Department comments at this time. FIRE: No Fire Department comments at this time. COMIT: Information provided by applicant is acceptable, No additional comments at this time. NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL Agenda Item 9 Page 2 EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below, Evaluation: The request of the communications tower to be located on this property is recommended for approval. The proposed tower will be a 150-foot high structure with a lightning rod 4 feet on top for a total height of 154 feet. The proposal is designed to allow for up to three (3) additional antennas (carriers) in addition to the applicant. It is Staffs conclusion that this tower will not be intrusive to the visual aesthetics of the community, and this location represents the best alternative for the need in service, The proposed tower satisfies the criteria for wireless communication facility locations in Section 232 of the City Zoning Ordinance, Section 232 of the City Zoning Ordinance requires that no tower be closer to a residential structure than 125 percent of the total height of the tower and antennas, As the proposed antenna will be on the existing tower at 150 feet, no dwellings can .be within 187,5 feet of the base of the tower. There are no dwellings within this distance of the proposed tower. Section 232(b}(1} of the City Zoning Ordinance stipulates the minimum setback requirement from the base of the tower to any property line abutting a residential use or district must be equal to 110 percent of the height of the tower, or in this case, 165 feet. There are no residential property lines within the minimum 165 foot setback. The applicant submitted the required structural report indicating that the proposed tower's design meets the requirements of the International Building Code, The applicant also submitted a Nonionizing Electromagnetic Radiation Report (NIER), indicating that emissions do not exceed minimum ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. In sum, staff concludes that the proposed tower is consistent with the standards provided in the City Zoning Ordinance for wireless communication towers, Approval is recommended with the conditions below. CONDITIONS 1. When developed and installed, the antennas shall be in substantial conformance with the antenna depicted on the plans entitled, "AT & T NF341 B Ferrell Parkway Ferrell Parkway Virginia Beach, VA 23464 (Sheets T-1, C-1 C-2 C-3 C-4 & L-1 with a revision date 4/02/08 and Sheet SP-1 dated 11/28/07), prepared by SAI Communications with consultants ALLPRO Consulting Group, Inc, and Harvey L. Parks, Inc, 2, The tower shall be limited in height to 150 feet with a lightning rod of 4 feet for a total height of 154 feet In no instance shall antennas be installed higher than the existing 150-foot high tower. 3, The applicant shall install a solid wood privacy fence around the proposed telecommunication tower and/or ground equipment depicted on the final site plan, with final approval at the discretion of the Planning Director. No barbed wire shall be permitted, Landscaping around the tower shall comply with the City ordinance requirements, NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL Agenda Item 9 Page 3 II I !II 4. No signs indicating the location of this facility are allowed, 5, Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COM IT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users, 6. In the event interference with any City of Virginia Beach emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference, 7, The Director of Planning may allow the installation of a type of antennas different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition l' and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code, 8, Should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the antennas, tower and related equipment. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NEW CINGULAR WIRELESS pes, LLC (AT&T) - FERRELL Agenda Item 9 Page 4 , , \ \ ~ \ ~ \ ~ ' \. \I\l \\ \li\ ~ \ ~~~ ., 0 ~ ~ '" ~ . <) ~ :;: ~ 0 <> 3 Go ~ 1Il ~ Ii ~ NEW CINGULAR WIRELESS pCS, LLC (/\1&1) - FERRELL Agenda \tem 9 Page 5 PROPOSED SITE PLAN ~ - I i I II ~ I Ii! ~~;r z l~~ " " " " " " " " ", " " " " " " " " " " " " " " " " " ", ---~-----------------------~-------------~- ~ ~ hu 1 IllS 1m!! - u___________ _______________________i_____________ __m___m_;___ r-----------m-----'I-ir-- inliii II! ~I! )11 III il = g~ It! W ,! i ~ III ---- ----~ ~ /..... / ......... / ~I / ',V ~,.,/("' / "',' ...........'v. \,,,...... /\ ,i, .. ":' _//,/<'A' .' .y '''". ". .,. . ~ .~, '..... '" -c..........._. I I I I III I I ~ L_~.1i! ......_r... ..~...I ~j' ~ ~I //_.1,-/ "~ i~ /P_-i , f-i '\ '..' 0,1:"0._-- ,\: ,~/ ;, '. -.iI -j: -,i" ',I! '., ~ A. ~ Ul f3 III a; j z ., UI ,;.,' ,.:,: .0' ,. ..j. , ~ . ..~' , i.; PROPOSED ENLARGED PLAN NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL Agenda Item 9 Page 6 HMJI .. tEl MDfA MIl AISlXIlt'lED ==~~.Lus:.= 'Ul.1tEYSMlUIIlIl8UMl.EllAM>IUlMD"" H ASIIlQIID irED JI-l1I(J)tE1ItEUIIL ,.................................... ~ to ..... QNlE MIl REDUCI LDfT ....... I ::-= :.:t'" I NO CGOIJICW.lINI.-..c 1M1lJIM.1IL IE: \ID. lD.UCfDI .lW M lEI' lDB. (1J'-'NftDICAS ""~JPNIl_"'_ .CD.\ JIIOl5a' W aHIUI smar"llll1'elsrbDaJmJII SKIIlR to Dr . 110' lID lDttl I'IIICIIOSED .( UIImM IKlD F\rnR .... F\rnR ..- IUUE '- ! I II . ! ; ~ ! i i ~ I i I 'r . IIJ · ~_ !Iili . i ! '" '" '" Ilel~l ! il Ii! 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COVERAGE WITH PROPOSED TOWER - NEW CINGULAR WIRELESS pCS, LLC (A 1&1) - FERRELL Agenda \tem 9 Page 11 - II I ,II CUP for Communication.> Tower 1 11/14/06 Modification of Land Use Plan Granted 01/11/82 Change from PUD to PD-H1 Granted 09/20/71 Zoning chanae from RS3 to PUD Granted 2 08/26/03 Amendment to the PDH Plan (mini- Granted storage) ZONING HISTORY NEW CINGULAR WIRELESS pes, LLC (AT&T) - FERRELL Agenda Item 9 Page 12 II DISCLOSURE STATEMENT II APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc, below: (Attach list if necessary) New Clngular Wireless PCS. LLC (lIa AT&T) 2. List all businesses that have a parent-subsidiary' or affiliated business entitl relationship with the applicant: (Attach list if necessary) AT&T Mobility LLC o Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership. firm, business, or other unincorporated organization. complete the following: 1. List the property owner name followed by the names of all officers, members. trustees, partners, etc. below: (Attach list if necessary) Oak Hall Shopping Center. LLC. a Virginia limited liability company 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. , & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No ~ If yes. what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 0110 Revised 7:312007 z <=> I I ~ U I I ~ ~ f-t ~ 8: ~ ;::::J ~ <=> I I f-t I I ~ Z <=> u NEW CINGULAR WIRELESS pes, LLC (AT&T) - FERRELL Agenda Item 9 Page 13 z C> I I ~ U I I ~ =-- ~ ~ ~ ~ =-- ~ ~ ;::J ~ o I I ~ I I Q Z C> u II III DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services. real estate services, financial services, accounting services, and legal services: (Attach list if necessary) LeClairRyan, SAI Communications. A T& T. Allpro Consulting Group. Inc., Harvey E, Parks, Inc., SiteSafe, Inc, 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act. V a. Code ~ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, oth er than parent- subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a contro IIing owner in one entity is also a controlling owner in the other entity, or (Hi) there is shared management or control between the business entities, Factors that should be considered in determining the existence of an affiliated business entity relationship incl ude that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflj ct of Interests Act. Va. Code ~ 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior 10 the scheduled public heating according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planrjing to photograph and view the site for purposes of processing and evaluating this application. C ) \, l\/L~" '1-"-_ APPlicanrn~e Vl ' Property O~r"s Signature (if different than applicant) h.\\\t,.i.( f' ,,11:':,1\ New Cingular Wireless PCS. LLC Print Name Oak Hall Shopping Center, LLC Print Name CondItional Us e PerrT1ll ApplicatIon Page 10 or 10 ReVised 71312007 NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL Agenda Item 9 Page 14 NEW CINGULAR WIRELESS PCS, LLC (AT&T) - FERRELL Agenda Item 9 Page 15 II I "I i Item #9 New Cingular Wireless PCS, L.L.C (T/A AT&T) Conditional Use Permit 5060 Ferrell Parkway District 1 Centerville June 11, 2008 CONSENT Joseph Strange: The next item is item 9. An application of New Cingular Wireless PCS, L.L.C. (t/a AT &T) for a Conditional Use Permit for a communication tower on property located at 5060 Ferrell Parkway, District 1, Centerville, with eight conditions. Janice Anderson: Welcome Ms. Murphy. Lisa Murphy: It's a long walk from back there. Good afternoon Chairman, Vice Chairman, and members ofthe Planning Commission. My name is Lisa Murphy. I'm a local attorney here today on behalf ofthe applicant New Cingular Wireless PCS, L.L.C, which trades at AT&T. We do agree with the conditions as they were revised earlier today. But I would point out one item in condition 2 for purposes of clarification. The drawings that have been submitted and the materials that have been submitted indicate that the antennas will not extend higher then 154 feet. And with that change, I think what we've got in the conditions will match exactly what is shown in the drawings. So, that is the only comment there. Otherwise, we're pleased with the conditions, and happy to be on the consent agenda. Thank you. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Gene Crabtree to review this item. Eugene Crabtree: This application is for a communications tower in the Centerville District, right off of Ferrell Parkway. This site is surrounded by residential, as well as some commercial area. The site also is wooded to some extent. It is an area that will be non intrusive to the neighborhood or to the surrounding area. It will not impact on any of the city services in that area whatsoever. It will also not impact as far as the AICUZ zone is concerned. Staffhas recommended approval ofthis and this application with the conditions are in alliance with Bay ordinance that will be voted on later in this meeting concerning communication towers and this tower does meet all of the specifications of the new ordinance, So, we put it on the consent agenda. Joseph Strange: Thank you Gene. Chairman, I have a motion to approve agenda item 9. Janice Anderson: Is there a second? We have a second by Kathy Katsias. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY ABSENT KA TSIAS AYE KNIGHT AYE LIV AS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 9 for consent. AASHNI PROPERTIES CUP (or Cur Wash facility Relevant Information: · Kempsville District . The applicant requests a Conditional Use Permit to allow construction of a one (1) bay automated car wash station on a site that has existing retail and gas sales. . The car wash will be located to the north side of the existing structure. . The car wash will be designed utilizing similar materials as on the existing building. . Improvements to the site are also being made. Evaluation and Recommendation: · Planning Staff recommended approval . Planning Commission recommends approval (10-0) . No opposition (Consent Agenda). II I dl .,4~" ..r-1'~'l." .....f~, ..O'..~ > 1:t-1 ("t ~ "'~' ~5i '. H ("\- :,) ("'~~"'" liJ ~~~.....,...-:~~ ~~ ~.:;:.;r..J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AASHNI PROPERTIES for a Conditional Use Permit for a car wash on property located at 5636 Princess Anne Road (GPIN 1467133519). AICUZ is less than 65. DISTRICT 2 - KEMPSVillE. MEETING DATE: July 1, 2008 . Background: The applicant requests a Conditional Use Permit to allow construction of a one (1) bay automated car wash station on a site that has existing retail and gas sales. . Considerations: The car wash will be located to the north side of the existing structure that currently contains a convenience store and thrift store. The car wash will be designed utilizing similar materials as on the existing building. The existing building will also be renovated. The walls are to be power-washed and painted. The existing overhang will continue across the front of the building to meet the proposed car wash structure. A more uniform signage in style and color will be provided. The applicant proposes to close one of the three existing entrances from Parliament Drive and convert the easternmost curb cut onto Parliament Drive to a one-way exit only. One of the two curb cuts along Princess Anne Road will be closed. The Planning Commission placed this item on the consent agenda because the proposal will result in a significant upgrade to the site, will eliminate curb cuts and thus improve safety, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. When the property is developed, the site layout shall be in substantial conformance with the plan entitled "Layout Plan for Car Wash Addition at 5636 Princess Anne Road, Virginia Beach, Virginia" dated 06/04/08 prepared by Land Design and Development, Inc. with revisions and reservation as included within these conditions. Said plan has been exhibited to the City Aashni Properties, L.L.C, Page 2 of 2 Council and is on file in the Planning Department. 2, When the addition and renovations are constructed it shall be in substantial conformance with the elevation entitled "Elevation for Car Wash Addition at 5636 Princess Anne Road Virginia Beach, Virginia dated 03/26/08 prepared by Land Design and Development, Inc. Said plan has been exhibited to the City Council and is on file in the Planning Department. 3, The hours for operation for the car wash shall be limited to 7:00 a.m. to 9:00 p.m. 4. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away form adjoining property or right-of- way. 5. A pedestrian sidewalk shall be extended along a portion of the property on Parliament Drive in conjunction with the landscaping. 6. The existing dumpster shall be screened from view with fencing and landscaping as required, 7. The western most curb cut along Princess Anne Road is to be closed. 8. The western most curb cut along Parliament Drive shall be closed, 9. A reservation of eight feet shall be required along Princess Anne Road. 10. Trailers for the purpose of unloading goods at this site shall be removed within 24 hours. . 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 Manag . k, ~llt"l s 3-t- ~ ~ \ _N"& I,r- L\.U)~ ~~e~ ""~~ II 1;: b: o 0:1: ~ ~IQ ~~ ....l0 ....l03' ~~g :a::x: :a::x:[t, ~~g 'ii~ ~~5 ~~\ t"lt"l~ ~~ u.;~~ ~ <fii l/l~'4. u.. 00 \ a>1Il ..0"> 6 III ~'C5~ ~Vl~~IQ'S \0 -- \ .. .:ct:::>.oO<l: ~~ 3t5\D~\OO 0 . . . \,,:10 ~\t~?":NW-('olt"l _ ~ 6 -0 'B I-- '.Z Z 0- ~ <~~ ;it;, ~ :ct w5~ "0:;< 0- ~NO- ow l;:: ~~~ .J~ ..-. -' \,IJ 0 ~w.. N ...... p.O .- Q) Q) ...... U ~ 0 ~ (D Z f;il a> ~ '" 0 ,... 0.. 0 , o "'....~ ,.;\~~~ f;il-"''''' ?",IO ';> l/l ,... .<(-'" 0 f;il , - o ~~.. a:a:~ 05.... o a: . w~'" 0 Z l- ,... <t ~~<D l'0 <.)~'T Q) -0 Z ;:::.zg '0 '" ... 0 '" ".... 0 ((l - ';;; ({l ,... (D f;il -'" p 0 j i1 <t o \f) ~ 'i 'i ~ ~~ i 0'.) 1&l>7~ ~) 01>-00' .)tVJ\lp.- SS--X JJ\l1. 'i C!tc.i ~ :; \ " ;< ~ 3 0: ci ..:. ~ \:i (fl_O ",t;'(r. c-I)<.\ 'Nw0 ,O.'it 'g i, 1.>.;0....-....., (/\;;;\=00: o'if,Q:CO g)<.~t; ~w .~ 2 o z a: ~ % ~\ i ~ ~s, S~if,~~~ ~ ~ ~t '5 ~ [t <.) <D '" '" 10 ,-' ..-. .. ~t;Il..OT.J.9 H \~3'f'\"4n~"4d 3{\\~(} .J- n'i \ \ \ \ AASHNI PROPERTIES, LLC Agenda Item 13 June 11, 2008 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for a car wash facility. I i III ADDRESS I DESCRIPTION: Property located at 5636 Princess Anne Road (north side of Princess Anne Road at its western intersection with Parliament Drive), GPIN: 14671335190000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 41,556 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow construction of a one (1) bay automated car wash station on a site that has existing retail and gas sales. The car wash will be located to the north side of the existing structure that currently contains a convenience store and thrift store, The car wash will be designed utilizing similar materials as on the existing building. The existing building will also be renovated, The walls are to be power-washed and painted, The existing overhang will continue across the front of the building to meet the proposed car wash structure, A more uniform signage in style and color will be provided, The applicant proposes to close one of the three existing entrances from Parliament Drive and convert the easternmost curb cut onto Parliament Drive to a one-way exit only, The two curb cuts along Princess Anne are to remain open. . EXISTING LAND USE: Commercially developed site SURROUNDING LAND USE AND ZONING: North: South: LAND USE AND ZONING INFORMATION · Across Parliament Drive are retail and single-family I B-2 Community Business District and R-40 Residential District · Across Princess Anne Road is retail I B-2 Community Business AASHNI PROPERTIES, lLC Agenda Item 13 Page 1 East: West: District . Shopping Center / B-2 Community Business District . Intersection of Parliament Drive and Princess Anne Road with businesses on either side of the road / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features on this site, as it is almost entirely impervious, AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana, IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 100 foot right-of-way. No Capital Improvement Program projects are slated for this area, Parliament Drive in the vicinity of this application is considered a two-lane undivided collector street. No Capital Improvement Program projects are slated for this area, TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Princess Anne 25,657 ADT 14,800 ADT 1 (Level of Existing Land Use "L - Road (2006 ) Service "C") 2,025 ADT 22,800 ADT 1 (Level of Proposed Land Use 3 - Service "D") I capacity 2,075 27,400 ADT 1 (Level of 51 AM Peak Hour Service "E") Vehicles (entering) Parliament Drive 3,546 ADT I 6,200 ADT (Level of 80 PM Peak Hour (2007) Service "C") Vehicles (entering) 9,900 ADT 1 (Level of Service "D") / capacity 11,100 ADT 1 (Level of Service "E") Average Dally Tnps 2 as defined by convenience store & thrift store 3 as defined by convenience store, thrift store & car wash The following comments were provided by Traffic Engineering. The comments are addressed through the conditions on page 4 below, recommended as part of the Use Permit . The proposed parallel parking spaces along Princess Anne Road. near the intersection, as well as the existing parking spaces on the south side of the convenience store do not meet Section 3,10.3 of the City of Virginia Beach Public Works Specifications and Standards, A minimum distance of 30 feet is required between the right-of-way line within the entrance to the first internal aisle way or parking space. A physical AASHNI PROPERTIES, LLC Agenda Item 13 Page 2 II I 'II separation would be required to meet this throat length standard, · Per Section 3.10.3 of the City of Virginia Beach Public Works Specifications and Standards, only one curb cut is allowed on each street of a corner site, One of the entrances on Princess Anne Road should be closed, · Due to safety concerns, the remaining full-access entrance on Parliament Drive should be closed and relocated further away from the intersection, This entrance is currently on the receiving end of a skewed intersection where southbound left-turning vehicles often have to accelerate at higher than normal speeds in order to make the long turning maneuver within the available gaps, Since this entrance is located less than 100 feet away from the intersection, these turning vehicles have very little distance to come to a complete stop for vehicles entering the site, A reservation of 8 feet should be provided to allow for the ultimate right-of-way of 100 feet along Princess Anne Road, in accordance with the Master Transportation Plan, WATER: This site is connected to City water. The existing 5/8-inch meter (City 10 # 95057759) must be upgraded to accommodate the proposed development. There is an existing 8-inch City water main on Parliament Drive. There is an existing 10-inch City water main on Princess Anne Road, There is an existing 8- inch City water main crossing throu'gh the adjacent eastern property. SEWER: This site must connect to City sanitary sewer, Pump Station # 403, the receiving pump station for this site, has capacity issues and may require system modification, As such a full engineering hydraulic analysis of Pump Station # 403 and the sanitary sewer collection system is required to ensure future flows can be accommodated, There is an existing 8-inch City gravity sanitary sewer main on Parliament Drive. There is an existing 8-inch City gravity sanitary sewer main on Princess Anne Road. POLICE: No Police Department comments, Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan provides the following development standards in the Primary Residential Area for non-residential buildings as follows: Avoid further strip commercial development along major roadways by orienting most commercial activities at major roadway intersections with careful access management and by encouraging re- use and redevelopment of existing underdeveloped commercial sites, Infill development occurs on defined parcels or tracts of land that are surrounded by an established arrangement of land uses of similar character. Land uses proposed for infill sites as well as their density, material, height, setback, yard area and other design considerations should complement and reinforce the predominant physical character of the surrounding area, Consider appropriate changes to existing land use on certain sites that are at-risk and have effectively outlived their usefulness or may have become blighted, Such changes may apply to vacant or underdeveloped commercial properties. This may be exemplified by redeveloping an AASHNI PROPERTIES, LLC Agenda Item 13 Page 3 aging, unattractive and declining shopping center and building in its place an attractive, well- landscaped multifamily and/or office development. All signs should be consistent in color and theme with the primary building. Evaluation: This proposal is in conformance with the Comprehensive Plan's recommendations for this area and complies with the development standards above. The applicant proposes to enhance a neighborhood food mart and thrift store with an updated, more uniform faCfade and a car wash station. Accordingly, the applicant has proposed to extend the existing awning, employ similar materials on the car wash, and enhance the existing structure, CONDITIONS 1, When the property is developed, the site layout shall be in substantial conformance with the plan entitled "Layout Plan for Car Wash Addition at 5636 Princess Anne Road, Virginia Beach, Virginia" dated 06/04/08 prepared by Land Design and Development, Inc, with revisions and reservation as included within these conditions, Said plan has been exhibited to the City Council and is on file in the Planning Department. 2, When the addition and renovations are constructed it shall be in substantial conformance with the elevation entitled "Elevation for Car Wash Addition at 5636 Princess Anne Road Virginia Beach, Virginia dated 03/26/08 prepared by Land Design and Development, Inc, Said plan has been exhibited to the City Council and is on file in the Planning Department. 3, The hours for operation for the car wash shall be limited to 7:00 a.m, to 9:00 p,m. 4, All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away form adjoining property or right-of-way, 5, A pedestrian sidewalk shall be extended alona a portion of the property on Parliament Drive in conjunction with the landscaping. 6, The existing dumpster shall be screened from view with fencing and landscaping as required, 7, The western most curb cut along Princess Anne Road is to be closed. 8, The western most curb cut along Parliament Drive shall be closed, 9. A reservation of eight feet shall be required along Princess Anne Road, 10, Trailers for the purpose of unloadina qoods at this site shall be removed within 24 hours, AASHNI PROPERTIES, LLC Agenda Item 13 Page 4 i I I :11 I NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AASHNI PROPERTIES, LLC Agenda Item 13 Page 5 s .-t~ ~ \ ~...~ .t.\.). ~t,~ \~ ~~ o o o. .... \ ~:J; ~ID ~ tt,q ':t~o ~ ~;J: 9;~8 '*'i ii~ ~1i1 - n ~ 'j;'C>. 'j;~~ ~ ~tA1 F.~ wF. \ ~"I' ~~'J.~";)cg~;scg~ \~lD ~1~5';"'~";"'''; ~..~ -~ 0 ~e~ 21.\7. 'i ~~t ~a 0. ".:~t"i ..n o C'oJ ...... -- ~ .v ~ro Q) Q) - \I o \D o ~ ~ ~ ~ ~ p.. g "i S"'\:l'" ~~~\ liil .l..... p tt~ . !a \~ '0 :z.;=; 'i ~ 'g ~ 0;:;- ~ ; p p a - .... i1 4- U III o ~ \ \~ <I:J \ '&1>7~ ~) ~CI ';>1\I,y". SS-.Y. Ol\l/, \ \!to' \ o \D ",." \ \ ,,,\ 3J\\~Q l.\,\~",,(\'l:\"Id \ \ , %l ~ \ ,1 %lili~~ ~ ~ 11 ~ ~ MSHNI PROPERiIES, ~~C Agenda \tern 13 page { c> ~ i> " ~ B -- w s.~ 0..0 u ~ .~ t'" I Z '_ ts1 '" ':S ;;; ~ p..8 'i :it Q......g: ~ ;::l~~:!- ts1 ~~ ';; 7 4C \";:i1 ..liE O,.S .. ~5a ~\~% z _\6 0';; !: .- ~ -;:" {/) ~ ts1 -- o o d ~ 9 ~ ~ ~ ~ ~, z % ~ Q g i ~~~~~1 ~ 'it ~ \S PROPOSED 6\JI\..DING E\..E" II,:nON ,t>ASl'IN\ PROPERTIES. LLC ~geoda \tem 1: page Map C-7 Map Not to Scale Aashni Prover/les. LLC fl~ 0 ~..;; . c:> "",.1 --.u I_t!-~ ~ ~- ,I , L. · C?, .. I_I "''''-, 0 r --.. 13 =c (L ! ~ " ~ ~ <:, ~ 0 'f!;.,(LCA. {:-lJ. · r L I tl_ L 0 ~b ~l CJll' "tj~'~I~ =- ~ ill ~ . dV1 ~ 7 -;;:In/ @ -. ounffillilo' BL"D. ~(~~!!G ~1'iJ 1i-~o[JDI ~ b~-~OP/-?il 7/ ~t~~Q u k ~~~~ .4 1)~ ~ ~g.,i~, ~ r I f11I/lj ..... !!l ~ ~'h~~ . ~~"'lI.,~ !'. . fijJ~'fI"- ~~ 0 8-21' ".'hfi~~..5;?) U ',""" <lQ.o ~ a. aD"" 0 ~Jl J~ '" ,.p;O i ~ )).... ~~ Q, Shopping (mIL" J.) tf1 , rm'if 1., ~"'IV' -.. . ...:"-,'" "" ~ 0 .' "~ . .~v().~~~' '~~~' '\ r U.,~ . ~ ~, . A i:' - ro/ /. ~~ ~ ~ ~ 'U f"'#f ~ 7' _ ;:,.. I.,:~:' r:J5fj)J n~'-'~~'~7~~ \) \.J/ ~\.~.\~:",~:a ~ i , f.m.~ f/fl~~}(~'\;. \0 ~ ~~, ~T'ilJ ~' ~ '~.M~' .~C:j'''~~,~ ~ ~)JfI~ ~ ~~ . ~ ~ ~ ~J:l 1{jiA~~X\. 1 ~_~ ~ffl~J?\.~~l}; .... "~ a..J::.l f1r7J ~ ~crs ~~\' t<< ~, VJ',lJ. ~ ''\V - ~ . ~" 'I)~ l!!:1 '~7~r,o;' ~~~ ~~~,1~ LA ~ \J I~ ~?1W11~ ~C! aI~C:S~/~ \"rt\%\'\.. \; ,g."./s ji~)~ CUP for eelr VI/ash facility 1 10/11/05 Conditional Rezoning B-2 Business to R-20 Granted 11/28/73 RezoninQ R-S3 Residence Suburban to B-2 Granted 2 06/09/98 Conditional Use Permit - Automotive Repair Granted 3 03/22/94 Conditional Use Permit - Truck Rental Granted 4 01/14/92 RezoninQ 1-1 Light Industrial to R-40 Residential Granted 5 06/27/88 RezoninQ B-2 Business to B-1 Business Granted Conditional Use Permit - Multi-family dwellinQs Granted ZONING HISTORY AASHNI PROPERTIES, LLC Agenda Item 13 Page 8 ~ " DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Aashni Properties, L.L.C.: Rakesh Patel & Sejal Patel, Managing Member 2. List all businesses that have a parent-subsidiary1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) o Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if properly owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) o Check here if the property owner is NOT a corporation, partnership, firm. business, or other unincorporated organization. 1 & 2 See next page for footnotes Conditional Ul;e Perr",t Application Page 9 of 10 Revised 9/112004 " I II z o I I ~ U I I ~ ~ ~ f--4 ~ ~ ~ ~ CI:} t:::J ~ o I I E--t I I ~ Z o u AASHNI PROPERTIES, LLC Agenda Item 13 Page 9 z o I I ~ U I I ~ ~ ~ f--4 ~ Ee ~ ~ i::::) . ~ o I I f--4 I I Q Z o u DISCLOSURE STATEMENT II ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) Land Design & Development, Inc. Sykes, Bourdon, Ahern & Levy, P,C. 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Aas~ropert. ies, L.Lt. ~ By: '~x ..t:.l c.. Applicant's Signature Rakesh Patel, Managing Member Print Name Property Owner's Signature (if different than applicant) Print Name CondItIonal Use Permit Application Page 10 of 10 ReVIsed 91112004 AASHNI PROPERTIES, LLC Agenda Item 13 Page 10 , I II Item # 13 Aashni Properties Conditional Use Permit 5636 Princess Anne Road District 2 Kempsville June 11,2008 CONSENT Joseph Strange: The next item is item 13. An application of Aashni Properties for a Conditional Use Permit for a car wash on property located at 5636 Princess Anne Road, District 2, Kempsville, with ten conditions. Eddie Bourdon: Thank you Mr. Strange. Madame Chair, for the record, Eddie Bourdon, a Virginia Beach attorney representing the applicant and we very much appreciate being on the consent agenda. I understand that you have a new set of conditions with this that clarified condition 5, regarding the sidewalk and added a condition with respect to the tractor trailer beds. My clients own the property less than twelve months, and he is, as you can tell, investing a lot of money in upgrading this site. I appreciate staffs nice comments this morning. The only thing that I would ask is the last comment that it be 48 hours rather than 24 hours. He inherited the tenant that is there. That tenant, I suspect has been leaving the tractor trailer beds there for more than 48 hours. He will enforce the 48 hour requirement if you all will amend that to 48 hours. We will make sure that is adhered to. I believe that staff has already looked at it. Thank you Janice Anderson: Okay. On condition 10, I know that we were going to add that and put it on the consent agenda with some sort oftime limit. Is everyone agreeable to changing that from 24 to 48? Okay. Eddie Bourdon: Thank you. Joseph Strange: Is there any opposition to this being placed on the consent agenda? The Chairman has asked Henry Livas to review this item. Henry Livas: The applicant requests a Conditional Use Permit to allow construction of a one bay automated car wash station on the site that has existing retail and gas sales. The car wash will be designed utilizing similar materials as the existing building. There are currently four entrances to the site. The applicant proposes to close the western most entrances on both Princess Anne Road and Holland Road. The applicant also proposes to add a new exit only curb cut near the proposed car wash, The proposal is in conformance with the Comprehensive Plan, therefore we recommend approval of the requested Conditional Use Permit. Joseph Strange: Thank you Henry. Chairman, I have a motion to approve agenda item 13. Janice Anderson; Is there a second? We have a second by Kathy Katsias. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KA TSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 13 for consent. TERRY SPITZER .Map G--4 Ma Not to Scole Terr . ltzer ! LYNNHiVEr,,' RW () ccs 0801 L YNNHAVEN RIVfl< (01"1. G01 CUP - ;\ion Commercicl/l\:1drind and PiE'r Relevant Information: · Lynnhaven District · The applicant requests a Conditional Use Permit to allow for the construction of a noncommercial marina and pier (boat dock) to replace an existing facility in the same location. · The Zoning Administrator determined that the applicant must obtain a Conditional Use Permit for a noncommercial marina. If the pier was located on the same parcel as the dwelling, a Use Permit would not be necessary. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0) · No opposition. Consent Agenda. I II ~.A~:'l ,{..~~.. "'.~"". ~, (c3-",,,-. ..~, .,J'" _. ~~, ~l:\ . iet, u .s:, : ~ !:~ \:~ .ll! -;.~.;:. .......;;.: 'J ~"Bl."'''':':t...... -......;...............~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MR. TERRY SPITZER for a Conditional Use Permit for a noncommercial marina and pier on property located at 3850 Little Neck Point Road (GPIN 1489533060; 1489534109). AICUZ is Less than 65. DISTRICT 5 - L YNNHAVEN. MEETING DATE: July 1,2008 . Background: . The applicant requests a Conditional Use Permit to allow the construction of a noncommercial marina and pier (boat dock) on a parcel zoned R-40 Residential. The applicant desires to replace an existing pier located on Parcel C-2. That parcel (C-2) is owned by the owner of the adjacent lot (C-1) to the north. Since Parcel C-2 is separated from the property with the dwelling (C-1) by a 50-foot wide public right-of-way (Little Neck Point Road), the Zoning Administrator determined that this request must obtain a Conditional Use Permit for a noncommercial marina. If the pier was located on the same parcel as the dwelling, a Use Permit would not be necessary. . Considerations: The applicant is proposing to reconstruct the existing dock on this site, in its existing location, rather than constructing a new pier on the property on the opposite side of Little Neck Point Road where the principal dwelling is located. The reasoning provided is that the existing location of the pier is a well-protected cove, not subjected to heavy fetch caused by northeast winds, which the site of the principal dwelling encounters frequently. There are two parts to the applicant's request for noncommercial marina facilities. First, the applicant proposes construction of a two (2) foot wide by 30 foot long (2' x 30') wharf, which will allow for temporary mooring of boats for loading and unloading. Second, the applicant proposes replacement of a deteriorating 5-foot by 15-foot (5'x15') pier with a 4-foot wide by 16-foot long (4'x16') open-pile timber pier. The existing pier is located only one (1) foot from the western property line, within the side yard setback, and thus, does not meet Zoning Ordinance requirements for setback. The replacement pier is proposed in the same location. Terry Spitzer Page 2 of 2 The Planning Commission placed this item on the consent agenda because the replacement of the existing pier and wharf will enhance the appearance and safety of the property, and there was no opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The noncommercial marina and the pier shall be constructed in substantial conformance with the conceptual plan entitled, "Proposed Bulkhead/Pier/Wharf," prepared by Richard T. Bartlett, P.E., dated 03/22/08, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department 2. Use of the nonresidential marina and pier shall be limited to the residents and guests of 3850 Little Neck Point Road. 3. The property, identified as Parcel C-2, GPIN 14895330600000, shall be maintained and kept free of debris and trash by the owner(s) of 3850 Little Neck Point Road. 4. No commercial use of the marina or boat pier shall be permitted. 5. The noncommercial marina and pier are subject to all applicable federal, state, and local rules and regulations. All permits required under such rules and regulations shall be obtained prior to construction and use of both the marina and the pier. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map , Recommended Action: Staff recommends approval. Planning Commission recommends approval. ~ ) Submitting DepartmenUAgency: Planning Department ~ \Y City Manager~ ~'CebP"2., I TERRY SPITZER Agenda Item 4 June 11, 2008 Public Hearing Staff Planner: Carolyn A,K, Smith REQUEST: Conditional Use Permit for noncommercial marina and pier II III Map G-4 1-1& Not to 5cole [YNNHAVfN M\ ADDRESS I DESCRIPTION: 3850 Little Neck Point Road COUNCIL ELECTION DISTRICT: 5-LYNNHAVEN SITE SIZE: 1.035 acres (Parcel C-1) 0,1800 acre (Parcel C-2) GPIN: 14895341090000 (Parcel C-1) 14895330600000 (Parcel C-2) SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow the construction of a noncommercial marina and pier (boat dock) on a parcel zoned R-40 Residential. The applicant desires to replace an existing pier located on Parcel C- 2. That parcel (C-2) is owned by the owner of the adjacent lot (C-1) to the north, Since Parcel C-2 is separated from the property with the dwelling by a 50-foot wide public right-of-way (Little Neck Point Road), the Zoning Administrator determined that this request must obtain a Conditional Use Permit for a noncommercial marina. If the pier was located on the same parcel as the dwelling, a Use Permit would not be necessary, The applicant is proposing to reconstruct the existing dock on this site, in its existing location, rather than constructing a new pier on the property on the opposite side of Little Neck Point Road where the principal dwelling is located. The reasoning provided is that the existing location of the pier is a well-protected cove, not subjected to heavy fetch caused by northeast winds, which the site of the principal dwelling encounters frequently, There are two parts to the applicant's request for noncommercial marina facilities, First, the applicant proposes construction of a two (2) foot wide by 30 foot long (2' x 30') wharf, which will allow for temporary mooring of boats for loading and unloading, Second, the applicant proposes replacement of a deteriorating 5-foot by 15-foot (5'x15') pier with a 4-foot wide by 16-foot long (4'x16') open-pile timber pier. The existing pier is located only one (1) foot from the western property line, within the side yard TERRY SPITZER Agenda Item 4 Page 1 setback, and thus, does not meet Zoning Ordinance requirements for setback, The replacement pier is proposed in the same location, LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling on Parcel C-1; Parcel C-2 is a vacant site. SURROUNDING LAND USE AND ZONING: North: · Little Neck Point Road, single-family home / R-40 Residential District · Single-family home / R-40 Residential District · Single-family home / R-40 Residential District · Dredged channel, single-family home / R-40 Residential District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is located in the Chesapeake Bay watershed, The property is located within the Resource Protection Area, the more stringently regulated portion of the Chesapeake Bay Preservation Area, A pier and wharf are defined as "water dependent facilities," and; as such, review from the Chesapeake Bay Preservation Area staff or Board is not required, AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. . IMPACT ON CITY SERVICES There is not anticipated to be any significant continuing impact on City services, Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan map and land use policies place this site within the Primary Residential Area, The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area, The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. TERRY SPITZER Agenda Item 4 Page 2 I I I II Evaluation: The proposed noncommercial marina (boat dock) will provide a means of mooring boats, as well as enjoying the water for activities such as crabbing and fishing. The City's Zoning Ordinance defines a noncommercial marina as "a facility for secure mooring of boats for use by persons including the owner or resident of the lot and those other than the owner or resident of the lot upon which the facility is located, at which facilities for storage and repair of boats and sale of boating supplies and fuel are not provided for," Staff is recommending a condition that limits the use of the facility to only the property owner and guests of 3850 Little Neck Point Road, Parcel C-1. The Virginia Marine Resources Commission will also review this proposal and will make a determination as to its appropriateness and design. While no additional improvements to this 0,18 acre site are proposed at this time, any further non-water dependent improvements, such as gazebos, driveways, etc" will require review and approval through the Chesapeake Bay Preservation Area Ordinance process, As noted in the report above, the existing and proposed pier does not meet the side yard setback for the R-40 Residential District, which is 20 feet. The new pier is proposed at one (1) foot from the western property line, Section 221 (i) of the City Zoning Ordinance, however, allows the City Council to consider and approve a Conditional Use Permit with deficiencies such as a setback below the minimum if it is . determined that the deficiencies are offset by the proposal itself or by attached conditions that ensure the proposal is compatible to the surrounding area. It is staff's opinion that the one-foot side yard setback is compatible with surrounding properties and will result in no further detriment than any that currently exists, Staff's opinion is that the replacement of the dilapidated residential pier and wharf will not pose any negative impact to the immediate area, and is therefore, recommended for approval with the following conditions. CONDITIONS 1, The noncommercial marina and the pier shall be constructed in substantial conformance with the conceptual plan entitled, "Proposed Bulkhead/PierlWharf," prepared by Richard T, Bartlett, P,E" dated 03/22/08, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department 2, Use of the nonresidential marina and pier shall be limited to the residents and guests of 3850 Little Neck Point Road. 3. The property, identified as Parcel C-2, GPIN 14895330600000, shall be maintained and kept free of debris and trash by the owner(s) of 3850 Little Neck Point Road. 4, No commercial use of the marina or boat pier shall be permitted, 5, The noncommercial marina and pier are subject to all applicable federal, state, and local rules and regulations, All permits required under such rules and regulations shall be obtained prior to construction and use of both the marina and the pier. TERRY SPITZER Agenda Item 4 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet al/ 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. TERRY SPITZER Agenda Item 4 Page 4 \ ." \ .. \--. \ \~. \. ,lb. ~,\~ ~ \ \ 'b. \"\~ '\\ \~~.. \\ "\ \ ll', \ \ \ (I. LI.) ~ \ \ _r_ \'^ \ '- . ~ ...... . ..-. , 1# a. -- ..... -\ 'f \.... ~ ." .:: 2:":CrJ.. \ ~~. \'~\"" ,,". "" 'Ii lIJ) LII1LI. ICOC' """' \ 0 QlIlIrt 1__"_'" \, '\ 0 . \\ "b. 00ll00l~ SVMCU _ED ... \ \, \ PIlOfESSlOIW. CONSTRUCTION CONSULTANTS, LLC, \ \ _ ("1) n:s-1ll&O DIM.: occuceCO"'CT \ o 7 ""4f( ~ ""- ~,- DETAIL VIEW SCAlE: '.-40' nEOOWN REFERENCES HUB #1 A: 12' B: 22' C: 24' 0: 54' E: 77' 1': 90' P1: 37' P2: 37' HUB 12 59' 51' 37' 22' 16' 31' 41' 37' APO'S: 1. W, MARTENS 2. W. MARTENS 3. W, ROBINSON 4. B. DOlMAT I, I II " tIJ~'otl" E _ )0.'7' 5 83'00'011I" [ !100' LYNNHAI/EN BAY i I i I ~I rAD{/\,("\/ wi \~~ ~ 81 \ )~ I- . i. '. U' IUlJlNtAO \ I z 2 STORY STUCCO 'JI5O i. I~ ~ iOI'O' .,,-- w C>H1"INUIIV ""'" CJI'N' I.... SrJ-Jat . ~ ~ 0< .,""" O.~ ------- - --..""\ . \ " .. .... > NIY aLWII ..-... .... LJ1'1U NEal. POIId 0fIIk ,... 13 .." SCAlE: 1".60' PROJECT LOCATION: DREDGED CHANNEL FOR: TERRY SPITZER 3850 UTILE NECK POINT VIRGINIA BEACH. VA 23452 PROPOSED BUlKHEAD/PIER/WHARF PURPOSE: EROSION &: ACCESS DATUM: MlW 0.0 DATE 3/20/08 SHEET 1 OF 10 PROPOSED SITE PLAN TERRY SPITZER Agenda Item 4 Page 5 .. J"{=~~.UU PROPOSio vtNVL BULkHEAD (110 L.F.) TIE INTO EX. INSTALL 2- CHANNELWARO 8ULkH&J> AT POINT F OF' DC. TIMBER BULkHOO I\I~ / v,_ APO 4 ' J'OO~ N/F BRIAN DOLMA T I1t 3833 UTTLE NECK POINT GPIN~ 1489-52-2869 SITE C-2 16~ *9J.. PROPOSED SITE PLAN (DETAIL) TERRY SPITZER Agenda Item 4 Page 6 I i I ,II Map G-4 Mo Not to Scole Terr itzer ~ N LYNNHIWEN BAY C> Q ~14 ~ OBOI L YNNI-IA VL..\I R/\!FI? 001 CUP - Non Commercial Pier & Warf No Zoning History to Report ZONING HISTORY TERRY SPITZER Agenda Item 4 Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) N/A 2, List all businesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A it Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc, below: (Attach list if necessary) TERRY & YUSAN SPITZER 2. List all businesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A J1I' Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No ~ If yes, what is the name of the official or employee and the nature of their interest? Conoltlonal Use Permit Apphca:lon Page 9 of 10 Revised 7/3/2007 z o I I ~ U I I ~ ~ ~ f--t ~ ~ ~ ~ CI:J i:::::> ~ o I I f--t I I ~ o u TERRY SPITZER Agenda Item 4 Page 8 z o I I !< u I I ~ ~ ~ E--t ~ ~ ~ ~ ~ t::::> ~ o t I E--t t . ~t Z o u II III DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) FLINT CONSTRUCTION COMPANY 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. CERTIFICA TION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned ~9 consents to entry upon the subject property by employees of the Department of Planning tp15hotograph d view e site for purposes of processing and evaluating this application. :r . ~ / TERRY SPITZER Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 ReVised "j /312007 TERRY SPITZER Agenda Item 4 Page 9 Item #4 Mr. Terry Spitzer Conditional Use Permit 3850 Little Neck Point Road District 5 Lynnhaven June 11, 2008 CONSENT Joseph Strange: The next matter is agenda item 4. An application of Mr. Terry Spitzer for a Conditional Use Permit for a non-commercial marina and pier on property located at 3850 Little Neck Point Road, District 5, Lynnhaven, with five conditions. Janice Anderson: We1come. Please state your name? Angela Walker: Good afternoon. Members of the Board, I'm Angela Walker, for Flint Construction, acting agent for Mr. Spitzer. Joseph Strange: Are the conditions acceptable? Angela Walker: Yes. They are. Joseph Strange: Okay. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Kathy Katsias to review this item. Kathy Katsias: This is an application by Terry Spitzer for a Conditional Use Permit for a non-commercial marina and pier at 3850 Little Neck Point Road. The applicant is proposing to reconstruct a dock on the existing site, at the existing location, rather than construct a new pier on the property on the opposite side of Little Neck Road, where the principal dwelling is located. The reasoning provided is that the existing location of the pier is a well protected cove, not subject to heavy fetch caused by northeast winds, which the site where the principal dwelling sits encounters frequently. The staff recommends approval. We concur with staff; so, therefore we placed it on the consent agenda. Thank you. Joseph Strange: Thank you Kathy. Chairman, I have a motion to approve agenda item 4. Janice Anderson: Is there a second? We have a second by Kathy Katsias. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY ABSENT " I II KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 4 for consent. CHRIS WYNNE / o ~'f .. Relevant Information: Princess Anne District · The applicant requests a Conditional Use Permit to operate a riding academy and horse boarding facility. · The site has an existing house, barn, and storage building with a riding ring and pasture areas. The applicant proposes to reuse the existing foundation and framework of the barn and storage building if feasible when remodeling. · The applicant is also proposing to build a barn with office and caretaker's apartment. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0) · No opposition (Consent Agenda). II III , , ,.,.,u:::~ ,{Pir;:~I'" .....~."~' ~ "" '.:t' (>' .. - ~ ~, ~5i .; m ~:..\-:- fjJ I.;'......~ "ft"' ~.............-aol" ".~J -'';'';;':;:':'''...r'' '" '-. CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: CHRIS WYNNE for a Conditional Use Permit for horse boarding on property located at 1825 Pleasant Ridge Road (GPIN 2411295277). AICUZ is Less than 65. DISTRICT 7 - PRINCESS ANNE. MEETING DATE: July 1, 2008 . Background: The applicant requests a Conditional Use Permit to operate a riding academy and horse boarding facility. The site has an existing house and a deteriorated barn and storage building. This project is located in the rural planning area of southern Virginia Beach. The Comprehensive Plan's Rural Development Guidelines for the rural area state that development should maximize the opportunity for agricultural, equestrian, and similar compatible rural activities. . Considerations: The applicant proposes to build a barn with office and caretaker's apartment. The applicant will reuse the existing foundation and framework of the barn and storage building if feasible. The boarding of horses will be limited to no more than 20 horses. Training will be scheduled Monday through Sunday (hours will change during with the seasons). Training will be in a fenced riding ring. The applicant also plans to conduct horse shows on the premises. The City Zoning Ordinance (CZO) requires that this use be evaluated through a Conditional Use Permit process to ensure that the number of horses is appropriate to the size and activity is not intrusive to surrounding areas. Section 241 of the CZO provides standards for this use, noting that there cannot be more than three (3) horses for each acre of land within the site and that all corrals and stables where horses are concentrated (boarded) must be at least 100 feet from the property line. The applicant is requesting 20 horses, which is less than the number allowed by the CZO. Additionally, the existing barn, storage building, and proposed barn are greater than 100 feet from the combined property lines, The Planning Commission placed this item on the consent agenda because the use is appropriate to the area and designed to be compatible to surrounding land Chris Wynne Page 2 of 2 uses, the use is consistent with the recommendations of the Comprehensive Plan, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. When the property is developed, the site layout shall be in substantial conformance with the plan entitled "Conceptual Site Layout Plan of Breckenridge Manor Pleasant Ridge and Dawley Road, Virginia Beach, VA," dated 03/28/08 prepared by MSA, PC. Prior to any horse show, a designated area for trailer parking for horse shows shall be indicated on a plan to be submitted to the Department of Planning / Current Planning Division. Said plan has been exhibited to the City Council and is on file in the Planning Department. 2. When the new barn is constructed, it shall be in substantial conformance with the elevation entitled "Chris Wynne 1492 Pleasant Ridge Road Virginia Beach, Virginia 23456," dated 06 March 2008 prepared by Conestoga Buildings. Said plan has been exhibited to the City Council and is on file in the Planning Department. 3. There shall be no more than 20 horses kept on the property. 4. The applicant shall consult with the City of Virginia Beach, Department of Agriculture pertaining to the most efficient and appropriate method of waste collection and disposal. 5. Operating hours for horse training shall be from Monday through Sunday, 8:00 a.m. until dark, but not later than 8:00 p,m. 6. No more than six horse shows shall be held within a one year time frame. 7. All lighting on the site shall be directed inward and shall not spillover onto adjoining properties. 8. No permanent outside speakers or sound systems shall be permitted, . 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,~~ I, I II REQUEST: Conditional Use Permit for horse boarding and training of horses, CHRIS WYNNE Agenda Item 14 June 11, 2008 Public Hearing Staff Planner: Karen Prochilo ADDRESS I DESCRIPTION: Property located on the south side of Indian River Road at the intersection of Gammon Road, GPIN: 24112952770000 portion of 24122081570000 24113947860000 portion of COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 38,3 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to operate a riding academy and horse boarding facility. The boarding of horses will be limited to no more than 20 horses, Training will be scheduled Monday through Sunday (hours will change during with the seasons), Training will be in a fenced riding ring, The applicant also plans to conduct horse shows on the premises. The site has an existing house, barn, and storage building with a riding ring and pasture areas, The applicant proposes to reuse the existing foundation and framework of the barn and storage building if feasible when remodeling. The applicant is also proposing to build a barn with office and caretaker's apartment. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Agricultural use with a dwelling and accessory structures and pasture areas. SURROUNDING LAND USE AND ZONING: North: . Across Pleasant Ridge Road, rural residential and ARP land / AG-2 and AG-1 Agricultural Districts . Rural residential / AG-2 and AG-1 Agricultural Districts . Rural residential / AG-2 and AG-1 Agricultural Districts South: East: CHRIS WYNNE Agenda Item 14 Page 1 West: . Across Dawley Road, rural residential / AG-2 and AG-1 Agricultural Districts NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is open pasture land with a large stand of trees behind the existing barn and house, 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): Pleasant Ridge Road and Dawley Road in the vicinity of this site are two lane rural roads. Princess Anne Road in the vicinity of this site is a two-lane rural highway, Princess Anne Road has a 50 foot right-of-way, and the Master Transportation Plan shows an undivided roadway with a bikeway and an ultimate right-of-way width of 100 feet. There is currently no Capital Improvement Program project scheduled for this segment of Princess Anne Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Pleasant Ridge No traffic counts No traffic counts available for Existing Land Use L - Road available for either Pleasant Ridge Road 384 ADT either Pleasant or Dawley Road, Proposed Land Use 3 Dawley Road Ridge Road or - 200 ADT Dawley Road. Princess Anne 8,664 ADT 1 ; 479 7,400 ADT ; 490 Peak Hour Road Peak Hour (Level of Service "C") 12,000 ADT 1 ; 790 Peak Hour (Level of Service "0")/ capacity 18,600 ADT 1 ; 1230 Peak Hour (Level of Service "E") , Average Dally Tnps 2 as defined by 38.3 acres zoned agricultural 3 as defined by 10 peak hour entering based on 20 horses training Iboarding WATER and SEWER: Not applicable, ENVIRONMENTAL HEALTH: Site will be served by onsite sewage and water supplies, Owner will need to make application to the Virginia Beach Department of Public Health for approval of the proposed Boarding and Riding Academy, FIRE: The water supply will consist of reservoirs, pressure tanks, elevated tanks, water mains or other approved fixed systems capable of providing the required fire flow to a fire hydrant system. Uniform Statewide Fire Prevention Code: Section 508.1 Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which CHRIS WYNNE Agenda Item 14 Page 2 II I II facilities, buildings or portions of buildings are hereafter constructed or moved within the jurisdiction, AGRICULTURE: This site should be considered for inclusion in the Agricultural Reserve Program. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions listed below. Comprehensive Plan: This project is located in the rural planning area of southern Virginia Beach. There is a presence of existing agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks and fish farms, The applicant proposes a new equestrian structure that is designed to blend into a traditional rural setting.The Rural Development Guidelines for the rural area as part of the Comprehensive Plan state that development should maximize the opportunity for agricultural, equestrian and similar compatible rural activities, Evaluation: The boarding and training of horses are desired and appropriate uses in the Rural Area as noted above in the Comprehensive Plan section, The City Zoning Ordinance (CZO) requires that such use be evaluated through a Conditional Use Permit process to ensure that the number of horses is appropriate to the size and activity is not intrusive to surrounding areas, Section 241 of the CZO provides standards for this use, noting that there cannot be more than three (3) horses for each acre of land within the site and that all corrals and stables where horses are concentrated (boarded) must be at least 100 feet from the property line. The applicant is requesting 20 horses, which is less than the number allowed by the CZO, Additionally, the existing barn, storage building, and proposed barn are greater than 100 feet from the combined property lines. Staff, therefore, recommends approval with the conditions below. CONDITIONS 1. When the property is developed, the site layout shall be in substantial conformance with the plan entitled "Conceptual Site Layout Plan of Breckenridge Manor Pleasant Ridge and Dawley Road, Virginia Beach, VA," dated 03/28/08 prepared by MSA, PC, Prior to any horse show, a designated area for trailer parking for horse shows shall be indicated on a plan to be submitted to the Department of Planning / Current Planning Division. Said plan has been exhibited to the City Council and is on file in the Planning Department. 2, When the new barn is constructed, it shall be in substantial conformance with the elevation entitled "Chris Wynne 1492 Pleasant Ridge Road Virginia Beach, Virginia 23456," dated 06 March 2008 prepared by Conestoga Buildings, Said plan has been exhibited to the City Council and is on file in the Planning Department. 3. There shall be no more than 20 horses kept on the property, CHRIS WYNNE Agenda Item 14 Page 3 4, The applicant shall consult with the City of Virginia Beach, Department of Agriculture pertaining to the most efficient and appropriate method of waste collection and disposal. 5, Operating hours for horse training shall be from Monday through Sunday, 8:00 a,m, until dark, but not later than 8:00 p,m. 6. No more than six horse shows shall be held within a one year time frame. 7, All lighting on the site shall be directed inward and shall not spillover onto adjoining properties. 8, No permanent outside speakers or sound systems shall be permitted. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CHRIS WYNNE Agenda Item 14 Page 4 E '5 ., ...." lI- "... III N_ N.E ~d:~ g~ reM" 1'\" ,~ ''''"'~..... r d)~~ .~ 0 ............ ':;... ..ref'! ,... iiI.. ~ i~ ~Z 'rl 5: ~t io J5o. " III Ii j ] :.1 ~i j \ 'I ~!I!ii!! ~1 ,~d RfI)GE f?(}AlJ (JiJ' R,{W) ~ ill ]. ~i t ~ PlEASAII~lt.5. 7~~' _l..-. ~ f!! · ~_J! $(:<1 &... o c: ~ ~~ o OJ ~ ibOt' '5: -0 1 ~ 'i: Cl !C:1!< !OJIi>: tA~:fi ] U Ill: ~ Q,OJ....s g &... I i ______ 8col5 - ~ '<: ~~' ~v -, ~K~ -"---.--.......,;.---:-J l ~ z~ . -." "'1"'-; i C;-~ . 1-. - ." .l J-- L. ... . i. '" --~., '"""I I ! . ~',:: ,].. ,! , }~l: ~ ,; ,,'~.-,.- ~".................,.......,---'..,.._.. _.~ -- ",,,,,.,,,,.,,,,,,,,,,_.c,,.~,,._-...:,,.,,.~.,,,,,,,,,,~.._.-.,..,,,,,...,-- . ',_Co"~ r ,~ . r.lf !tl f i!11 ~J hi.1 ~lll.U ~ Jf1it ~ l llJti Cl f I'd: 11m PROPOSED SITE PLAN CHRIS WYNNE Agenda Item 14 Page 5 [ 'l iI~ ---il ----t lr..@~ L r--- n_=--==.=_ ~_ -- ~. 1.1'.il.I\...1 : ~ ~ ; ; 11 i" I!~i ,., ).1 i~. : . :~ · i Il'~ I 1111~ji . I! Hi , ~ ; ~Ifiil -j~1 '"Wl' J' I~fr -~ --~~- ~ to PROPOSED BUILDING ELEVATION CHRIS WYNNE Agenda Item 14 Page 6 I II cur - Horst' B()a.rcJ;n~ & Trainmg o( Horst's 1 2 3 4 04/22/08 08/09/05 01/22/02 09/08/86 Conditional Use Permit Conditional Use Permit Conditional Use Permit Conditional Use Permit Granted Granted Granted Granted ZONING HISTORY CHRIS WYNNE Agenda Item 14 Page 7 "'-) ~ DISCLOSURE STATEMENT \-1 ~ APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1, List the applicant name followed by the names of all officers, members, trustees. partners, etc. below: (Attach list if necessary) Werdna L. Wynne & Patricia G. Wynne, husband and wife 2. List all businesses that have a parent-subsidiary1 or affiliated business entitl relationship with the applicant: (Attach list if necessary) X Check here if the applicant is Nf;)T a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary1 or affiliated business entnl relationship with the applicant: (Attach list if necessary) o Check here if the property owner is NOT a corporation. partnership, firm, business, or other unincorporated organization, 1 & 2 See next page for footnotes Condillonal Use Pennit Application Page 9 of 10 Revised 91112004 z o I I ~ c:....;) I I ~ ~I ea E--t ~ ~ ~I ~ CI":} ~ ~ o I I E--t I I ~ Z o c:....;) . CHRIS WYNNE Agenda Item 14 Page 8 z o I I ~ ~ I I ~ ~ ~ f--t ~ ~ ~ ~ CI":) ~ ~ o I I f--t I I ~ Z o u II I 'II ;,~J \~) II DISCLOSURE STATEMENT II ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) MSA, P,C. Sykes, Bourdon, Ahem & Levy, P,C. C. B. Structures, Inc, 1 "Parent-subsidiary relationship" means ua relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. 2 uAffiliated business entity relationship" means ua relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are COrnmon or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va, Code ~ 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. ~~~ Chris Wynne Ap~~ 12 I ~ Print Nama '--e- . ~ A J /'MlL Werdna L. Wynne " A Patricia G. Wynne Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Appllcallon Page 10 of 10 Revised 9/112004 CHRIS WYNNE Agenda Item 14 Page 9 Item #14 Chris Wynne Conditional Use Permit 1825 Pleasant Ridge Road District 7 Princess Anne June 11, 2008 CONSENT Joseph Strange: The next item is item 14. An application of Chris Wynne for a Conditional Use Permit for horse boarding on property located at 1825 Pleasant Ridge Road, District 7, Princess Anne, with eight conditions. Eddie Bourdon: Thank you again Mr. Strange. Madame Chair, for the record, I'm Eddie Bourdon, a Virginia Beach attorney'representing Mr. Wynne. All ofthe conditions as outlined in the staff's report are acceptable to my client. We appreciate them working with us on this application. Thanks for placing us on consent. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Al Henley to review this item. Al Henley: Thank you. The applicant requests a Conditional Use Permit to operate a riding academy and horse boarding facility. The boarding of horses will be limited to no more than 20 horses. Training will be scheduled from Monday through Sunday, and the hours will change during the seasons. The application also plans to conduct a horse show on the premise. The site has an existing house, barn, and storage building with a riding ring and pastured areas. The training of horses is desired and an appropriate use in the rural area as noted in the Comprehensive Plan section. The applicant is requesting 20 horses, which is the less than the number allowed by the CCO. Therefore, staff recommends approval of the conditions as listed below. Therefore, the Planning Commission has placed this item on the consent agenda. Thank you. Joseph Strange: Thank you AI. Chairman, I have a motion to approve agenda item 14. Janice Anderson: Is there a second? We have a second by Kathy Katsias. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KA TSIAS AYE KNIGHT AYE ABSENT 1 ABSENT II III LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 14 for consent. SANDRA SAWYER ( I iP Home DilY' are Relevant Information: · Centerville District · The applicant requests a Conditional Use Permit to allow a home daycare for up to 12 children. · The site, zoned R-7.5 Residential, is approximately 11,000 square feet in size. There is an existing 2,100 square foot, single-family dwelling on the site, with a large, fenced rear yard. · The proposed hours of operation are 6:30 a.m. to 5:30 p.m., Monday through Friday. A qualified assistant will be on site. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (9-0-1) · No opposition. Consent Agenda. II III , r.~~~:'\ .{""1f!;t" .....f~, ,-0-.' ,~' ("~'. " 4'51 . ~~ ~~\'--"" .", \-;',i-';.' lj) 'l':.:~ ~:{I ~~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SANDRA K. SAWYER for a Conditional Use Permit for a home occupation (day care) on property located at 5621 Parkland Court (GPIN 1466000982). AICUZ is Less than 65 dB. DISTRICT 1 - CENTERVILLE. MEETING DATE: July 1, 2008 . Background: The applicant currently owns and operates Sandy's Angels Daycare in Chesapeake, Virginia, which cares for 38 children with a staff of seven (7). That business is a free-standing daycare facility in a commercial area. The applicant is selling that business, as she desires to downsize to a home daycare operation that she and her daughter will operate. The applicant, therefore, requests a Conditional Use Permit to allow a home daycare for up to 12 children. The site, zoned R-7.5 Residential, is approximately 11,000 square feet in size. There is an existing 2,100 square foot, single-family dwelling on the site, with a large, fenced rear yard and an in-ground pool. . Considerations: The proposed hours of operation are 6:30 a.m. to 5:30 p.m., Monday through Friday. The applicant is working with the Department of Social Services to secure licensure. Effective July 1, 1996, a "family day home" is subject to licensure when 6 to12 children, exclusive of the provider's own children and any children who reside in the home, are provided care at anyone time. There's no specific floor area requirement for the number of children permitted in a home, but a reasonable amount of both indoor and outdoor space must be available for children's activities. A "rule of thumb" used by providers and Social Services is to plan on at least 25 square feet of indoor activity space for each child in care. In this case, as the applicant is requesting up to 12 children, the amount of area for the children equates to 300 square feet; therefore, the applicant's request for 12 children meets the guidelines of Social Services. The proposal is in conformance with the Comprehensive Plan's recommendations for the Primary Residential Area, and it is likely that many of the children will come to this daycare from the immediate and surrounding neighborhoods. The Planning Commission placed this item on the consent agenda because the applicant has extensive experience as a daycare provider, will fill a need for quality care in this area, and there was no opposition to the proposal. Sandra K. Sawyer Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 with 1 abstention to approve this request with the following conditions: 1, The home daycare shall be limited to a total of 12 children other than children living in the home. There shall be no more than five (5) children under the age of 2~ in the home at one time as required by the Department of Social Services. 2, A solid fence with a minimum height of six (6), to be maintained in good condition at all times, shall enclose an outdoor play area, meeting the requirements of the Department of Social Services, and the entire rear yard as long as the Conditional Use Permit for home day care is in effect. 3. A fence shall be installed to separately enclose the swimming pool from the backyard and play area so that at no time could a child enter the pool area without the assistance of an adult. Said secondary fence shall be installed prior to the issuance of a Certificate of Occupancy or any other required Iicense(s) by the City of Virginia Beach and the International Building Code. 4. The applicant shall provide a notice to each parent or legal guardian of each child in care at this site stating that an in-ground swimming pool exists on the property. Said notices shall contain the signature of each parent or legal guardian of each child and shall be forwarded to the Zoning Administrator annually beginning from the date of issuance of the Department of Social Service's license. 5. No signs. advertising the home daycare shall be permitted on the lot or any buildings on the lot at any time. 6. The applicant shall obtain within six (6) months of the approval of this request a family daycare home license with the Commonwealth of Virginia and shall maintain said license in good standing. Failure to maintain a family daycare home license shall result in revocation of this Use Permit. 7. The applicant shall receive a Certificate of Occupancy from the Building Official for the home daycare/residential use. . 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~ 'f:- . 0g0"0"( " I II REQUEST: SANDRA K. SAWYER Agenda Item 1 June 11, 2008 Public Hearing Staff Planner: Carolyn AK Smith Conditional Use Permit for home daycare ADDRESS I DESCRIPTION: Property located at 5621 Parkland Court GPIN: 14660009820000 COUNCIL ELECTION DISTRICT: 1 - CENTERVILLE SITE SIZE: Approximately 11,150 square feet The applicant requests a Conditional Use Permit to allow a home daycare for up to 12 children, The site, zoned R-7.5 Residential, is approximately 11,000 square feet in size, There is an existing 2,100 square foot, single- family dwelling on the site, with a large, fenced rear yard and an in-ground pool. The proposed hours of operation are 6:30 a.m. to 5:30 p.m" Monday through Friday, A qualified assistant will be on site. SUMMARY OF REQUEST The applicant is working with the Department of Social Services for licensure, Effective July 1, 1996, a family day home is subject to licensure when 6 to12 children, exclusive of the provider's own children and any children who reside in the home, are provided care at anyone time, The licensed capacity is the number of children allowed in care at anyone time, There's no specific floor area requirement for the number of children permitted in a home, but a reasonable amount of both indoor and outdoor space must be available for children's activities, A "rule of thumb" used by providers and Social Services is to plan on at least 25 square feet of indoor activity space for each child in care, In this case, as the applicant is requesting up to 12 children, the amount of area for the children equates to 300 square feet. The applicant's request for 12 children meets the Social Services regulations. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SANDRA K. SAWYER Agenda Item 1 Page 1 SURROUNDING LAND USE AND ZONING: North: South: East: West: · Single-family dwelling / R-7,5 Residential District · Single-family dwelling / R-7,5 Residential District · Single-family dwelling / R-7.5 Residential District . Parkland Court · Single-family dwellings / R-10 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The property is located in the Chesapeake Bay watershed, There are no significant environmental or cultural features on the 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) I CAPITAL IMPROVEMENT PROGRAM (CIP): Parkland Court is a two (2) lane undivided local street. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Parkland Court No Data No Data Available Existing Land Use 2 - 20 Available ADT Proposed Land Use 3 - 66 ADT Average Dally Trips 2 as defined by one single-family dwelling 3 as defined by a home based daycare with up to 12 children WATER & SEWER: This site is already connected to both City water and sewer. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan map and land use policies place this site within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Evaluation: Ms, Sawyer, the applicant, currently owns and operates Sandy's Angels Daycare in Chesapeake, Virginia, which cares for 38 children with a staff of seven (7), That business is a free-standing daycare SANDRA K. SAWYER Agenda Item 1 Page 2 II III facility in a commercial area. The applicant is selling that business, desiring to downsize to a home daycare operation with her daughter, Based on her 30 years of experience in the daycare field, she believes she, with her daughter as the assistant, are qualified to look after 12 children, The request for a home occupation (daycare) is acceptable subject to the conditions below. Quality daycare is an extremely important service for working parents, The applicant is working with Social Services through their program to become licensed and certified for this type of daycare, The Department of Social Services is responsible for ensuring quality care for the children. Condition 4 below requires that the applicant receive the license from the State; therefore, inspections and requirements of that agency must be met. The existing 2,100 square foot, single-family dwelling, and the fenced rear yard, is of ample size to accommodate the requested use. There is no specific requirement for floor area per child, but a reasonable amount of both indoor and outdoor space must be available for children's activities, A "rule of thumb" used by providers and Social Services is to plan on at least 25 square feet of indoor activity space for each child in care, In this case, as the applicant is requesting up to 12 children, the amount of area for the children equates to 300 square feet. As the applicant's home is 2,100 square feet, the home is large enough to accommodate the children. The property has an in-ground pool in the back yard. Social Services requires that a fence be installed to separately enclose the pool from the backyard and play area so that at no time could a child enter the pool area without the assistance of an adult. Staff is recommending a condition that this secondary fence be installed prior to the issuance of a Certificate of Occupancy or any other required Iicense(s) by the City of Virginia Beach, Even with the pool enclosed, there is ample area in the rear yard and the front yard for play. Since the site is at the end of a cul-de-sac, with proper supervision, both the rear and front yards could be utilized for outdoor activities, The proposal is in conformance with the Comprehensive Plan's recommendations for the Primary Residential Area, and it is likely that many of the children will come to this daycare from the immediate and surrounding neighborhoods. It is not anticipated that the home daycare on this site will adversely impact any surrounding properties, and, therefore, it is recommended for approval subject to the following conditions, CONDITIONS 1. The home daycare shall be limited to a total of 12 children other than children living in the home, There shall be no more than five (5) children under the age of 2% in the home at one time as required by the Department of Social Services, 2. A solid fence with a minimum height of six (6), to be maintained in good condition at all times, shall enclose an outdoor play area, meeting the requirements of the Department of Social Services, and the entire rear yard as long as the Conditional Use Permit for home day care is in effect. 3, A fence shall be installed to separately enclose the swimming pool from the backyard and play area so that at no time could a child enter the pool area without the assistance of an adult. Said secondary fence shall be installed prior to the issuance of a Certificate of Occupancy or any other required license(s) by the City of Virginia Beach and the International Building Code, 4, The applicant shall provide a notice to each parent or legal guardian of each child in care at this site stating that an in-ground swimming pool exists on the property, Said notices shall contain the signature of each parent or legal guardian of each child and shall be forwarded to the Zoning SANDRA K. SAWYER Agenda Item 1 Page 3 Administrator annually beginning from the date of issuance of the Department of Social Service's license. 5. No signs advertising the home daycare shall be permitted on the lot or any buildings on the lot at any time, 6. The applicant shall obtain within six (6) months of the approval of this request a family daycare home license with the Commonwealth of Virginia and shall maintain said license in good standing. Failure to maintain a family daycare home license shall result in revocation of this Use Permit. 7. The applicant shall receive a Certificate of Occupancy from the Building Official for the home- daycare/residential use. NOTE: Further conaitions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SANDRA K. SAWYER Agenda Item 1 Page 4 II I ,II 1'111$ IS 10 Cf-RTIP,' HH,:r I. ON H-i~ ::HCP(.iH>r !:-kOWN ON THIS pt.....r. AND ("tjl:LDH""~S Mat $i-tQWN os THIS P'r....AY, tHE nUILCHNQ$ $T4"-10 ioTn't:.n..Y f':i>l<:I,OACI'u'tf;;HTS OR VISi8LE: E.A$CMEN'T5. W1T'HIN E.l.C~Pt SIGNED ,TUNE 1'). 198;' !';'unvt:YFO HtA,r "t'kE liT:....!: Lu..a::lI ,4.ND n-fE WALL!. or fHr: ,. Mt 1'ITLI: u~r.:s MiD THf:.;.RC Ionr: f$O ~s $HOW.... ,~,i:,&~H <- '-: ?:~ T /'~.~ t '.,1 '- .><.' ~ (~ ""-" ..... ~'" :'0 (':;.. ..~ :i. 1> \t: \~ JV~ 0\~~'\ .()\'t JJ.\~,<< \..ct\" ""l ~~i;.,kC~' \ ~'ff 0< ,', ~, : ' '>;. .;;- ',') \' ,:.' .~...... ~~> t~~~) ... 'C'l\j..... PHYSiCAL SURVEY OF LOT J. !ILK. F, PlAT 01' CEDAR HILL SUhtliVISION. Si'.l:TION VIRGINiA BEACH. VA. FOR tFCHlIEL L. SAh'YF!Z '" [:,ANDF;\' V ,AWl,;., ,:;;:M.E 1'> J,J' .lUrd:: 15. ]987 .to. f,_, ~ N.1TE; FO? ~1 H SEE P(~. ";5 , t ~ !-:.:.' PlAT q', , " t,; \ < ~ r ", r: \ ~ ,; n. I ,', wI' ;- ~ r' .: ~~ AI...H)N M BUTl'ER tAt.U ~,t;h'\-'l.. YOR 'x C VH3U-llA a~ACI"t, VA ,! t' 'lj \;.).-' ~ e..:.. t\, l' ' \" ~~ ~:~ ;9> t~ ~;1 PROPOSED SITE PLAN SANDRA K. SAWYER Agenda Item 1 Page 5 CUP - Home Daycare 1 10/24/06 Change of Zoning (B-2 to Conditional Granted A-24 ) 2 02/11/03 Subdivision Variance Granted ZONING HISTORY SANDRA K. SAWYER Agenda Item 1 Page 6 ISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization. complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) SC<<\drn 'h 5aWL\P{ '~nf( 2. List all businesses that have a parent-subsidiary 1 or affiliated business entitl relationship with the applicant: (Attach list if necessary) ./"' l'll) o Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners. etc. below: (Attach list if necessary) N~ 2. List all businesses that have a parent-subsidiary 1 or affiliated business entityl relationship with the applicant: (Attach list if necessary) Nl'" o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 2 & See next page for footnotes Does an official or employee of the~ity of Virginia Beach have an interest in the subject land? Yes _ No ~ If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Pennrt Application Page 9 of 10 ReviRd 7/312007 II I II z o I I ~ U I I ~ ~ ea r-c ~ ~ ~ ~ CI":) ~ ~ o I I r-c I I c:::a Z o u SANDRA K. SAWYER Agenda Item 1 Page 7 Z <:> I I ~ U I I ....:I ~ ~ F--t I I 1 *Parent-subsidiary relationship" means *a relationship that exists when one ~ corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act. Va. Code ~ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship. other than parent- ~ subsidiary relationship, that exists when (i) one business entity has a controlling ownership ~ _ interest in the other business entity, (ii} a controlling owner in one entity is also a controlling ....... owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated ~ business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the ~ business entities share the use of the same offices or employees or otherwise share activities. ~ resources or personnel on a regular basis; or there is otherwise a close working relationship ......." between the entities." See State and local Government Conflict of Interests Act, Va, Code ~ ....:I 2.2-3101. <z CERTIFICATION: I certify that the information contained herein is true and accurate I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at ".....".. least 30 days prior to the scheduled public hearing according to the instructions in this package. The '--' undersigned also consents to entry upon the subject property by employees of the Department of I I Planning to photograph and Vie; the site for purposes of processing and evaluating this application. F--t ~ /. Ja..uJ-U.,^-- 5AJ1C1tUt k s;..t~_H/(;J~ I I / /\pp'tanI'. Signature ,~ - cT P'nt Name' . c:=a Z <:> u DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) "H\ Property Owner's Signature (if different than applicant) Print Name Cond~ional Use Perm~ Application Page 10 of 10 ReviSed 7/312007 SANDRA K. SAWYER Agenda Item 1 Page 8 I II Item # 1 Sandra K. Sawyer Conditional Use Permit 5621 Parkland Court District 1 Centerville June 11,2008 CONSENT Janice Anderson: The next part of our agenda is the consent agenda. That will be handled by our Vice Chair Joe Strange. Joseph Strange: Thank you. Chairman, this afternoon we have 14 items on the consent agenda. The first matter is agenda item 1. This is an application of Sandra K. Sawyer, for a Conditional Use Permit for a home occupation (day care), on property located at 5621 Parkland Court, District 1, Centerville, with seven conditions. Janice Anderson: Is there anyone here? Ms. Sawyer? Hi. Welcome, and please state your name? Sandra Sawyer: Sandra K. Sawyer. Joseph Strange: Are the conditions acceptable? Sandra Sawyer: . Yes sir. Joseph Strange: Okay. Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Jay Bernas to review this item. Janice Anderson: You can have a seat ma'am. Jay Bernas: Thank you Vice Chairman Strange. The applicant wishes to request a Conditional Use Permit to allow a home daycare for up to 12 children, The site is zoned R- 7.5, and there is an existing 2100 square foot single-family dwelling on the site, The hours of operation will be 6:30 a.m. to 5:30 p.m., Monday through Friday. The applicant currently owns and operates a daycare, which cares for 38 children in Chesapeake, but she's wishing to downsize to a home daycare operation with her daughter. One ofthe conditions is that Social Services requires that she does become licensed, and we added that under condition 4. In addition, one of the things that the Commission was concerned about on the property is an in- ground pool; so, we have added a condition that a fence be separately installed to enclose the pool. This is also required by Social Services. In addition, we've added another condition that requires each parent be notified of the pool, because that is something that the Commission was concerned about. But other than that, it is not anticipated that this will adversely impact the surrounding community, and we feel like this should be placed on the consent agenda for approval. Joseph Strange: Thank you Jay. Chairman, I have a motion to approve agenda item 1. Janice Anderson: Is there a second? We have a second by Kathy Katsias. Philip Russo: Madame Chair, 1 believe I need to explain the reason why I'm abstaining from item 1. Mr. Sawyer is a client of mine. Janice Anderson: Thank you. AYE 9 NAY 0 ABS 1 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY ABSENT KA TSIAS AYE KNIGHT AYE LIV AS AYE REDMOND AYE RUSSO ABS STRANGE AYE Ed Weeden: By a vote of9-0, with the abstention so noted, the Board has approved item 1 for consent. I II r ~~ ~"':I!~~.. oO!: "'ri~:s,~~ ~ ;r, +" '7.' (ul s~ ~-\~ I'J \~ ...-:b ~. ~"'" ~~.. CITY OF VIRGINIA BEACH AGENDA ITEM '" \... ..) ITEMS: (a) An Ordinance to Amend Section 111 of the City Zoning Ordinance, Pertaining to the Definition of "Family". (b) An Ordinance to Amend Section 103 of the City Zoning Ordinance Pertaining to the Issuance of Inspection Warrants. (c) An Ordinance to Amend Section 103 of the City Zoning Ordinance, Pertaining to Civil Penalties. (d) An Ordinance to Amend Section 1601 of the City Zoning Ordinance, Pertaining to the Definition of "Coastal Primary Sand Dune". MEETING DATE: July 1, 2008 . Background: Due to legislation passed by the General Assembly during the 2008 session, there are four changes to the City Code that must be made pertaining to land use and zoning. . Considerations: The following summarizes the required changes: Section 111 I Familv -- This amendment is required by reason of 2008 General Assembly legislation that changes certain terminology in the Virginia Code Section 15.2-2291 (A). The amendment makes no substantive change in the ordinance, but is necessary by reason of the General Assembly action. Section 103 I Inspection Warrants -- The 2008 General Assembly enacted legislation (HB 430) that allows the Zoning Administrator or his or her agent to seek inspection warrants under certain circumstances. Specifically, the proposed amendment would allow the Zoning Administrator or agent to present sworn testimony to a magistrate or judge and request an inspection warrant for a dwelling. If the sworn testimony establishes probable cause that a violation has occurred, the inspection warrant would be issued by the judge or magistrate, allowing the zoning official to enter the subject dwelling to determine whether the violation exists. The zoning official must, however, make a reasonable effort to obtain the consent of the property owner or tenant prior to seeking an inspection warrant. CITY OF VIRGINIA BEACH - AMENDMENTS TO ORDINANCES I GENERAL ASSEMBLY ACTIONS Page 2 of 2 Section 103 / Civil Penalties -- This amendment results from a 2008 General Assembly change (HB 1308) that expands the definition of coastal primary sand dune to include those sand dunes upon which Virginia pine, Japanese sedge or broom sedge are growing. Section 1601 / Coastal Primary Sand Dune -- This amendment results from a 2008 General Assembly change (HB 1308) that expands the definition of coastal primary sand dune to include those sand dunes upon which Virginia pine, Japanese sedge or broom sedge are growing. . Recommendation: Approval of the amendments is recommended. . Attachments: Planning Commission Minutes Ordinances Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. _ l. ~~ I II 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE, 3 PERTAINING TO THE DEFINITION OF 4 "FAMILY" 5 6 Section Amended: City Zoning Ordinance 7 Section 111 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning - 1 0 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA:- 14 15 That Section 111 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 111. Definitions. 19 20 21 22 Family. A "family" is: 23 24 (a) An individual living alone in a dwelling unit; or 25 26 (b) Any of the following groups of persons, living together and sharing living 27 areas in a dwelling unit: 28 29 (1) Two (2) or more persons related by blood, marriage, adoption, or 30 approved foster care; 31 32 (2) A group of not more than four (4) persons (including servants) who need 33 not be related by blood, marriage, adoption or approved foster care; 34 35 (3) A group of not more than eight (8) mont311y ill, mentally retarded or 36 development311y disabled persons with mental illness, intellectual disability or 37 developmental disabilities residing with one (1) or more resident counselors or other 38 staff persons and licensed by the department of mental health, ment31 retardation 3nd 39 substance abuse services; in a facility whose licensino authority is the Department of 40 Mental Health, Intellectual Disability and Substance Abuse Services; provided, that 41 mental illness and developmental disability shall not include current illegal use of or 42 addiction to a controlled substance as defined in Section 54,1-3401 of the Code of 43 Virginia; 44 45 (4) A group of not more than two (2) adults, who need not be related by blood 46 or marriage, and the dependent children of each of the two (2) adults, provided that the children are under nineteen (19) years of age or are physically or developmentally disabled, 47 48 49 50 51 52 53 54 55 56 57 COMMENT This amendment is required by reason of 2008 General Assembly legislation that changes certain terminology in the Virginia Code Section 15.2-2291(A). The amendment makes no substantive change in the ordinance, but is necessary by reason of the General Assembly action. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day APPROVED AS TO CONTENT: CA 10696 R-4 May 27, 2008 APPROVED AS TO LEGAL SUFFICIENCY: C 2 I II Item #17 City of Virginia Beach An Ordinance to Amend Section 111 of the City Zoning Ordinance Pertaining to the Definition of "Family" June 11,2008 CONSENT Joseph Strange: The next item is item 17, the City of Virginia Beach. It's an Ordinance to Amend Section 111 of the City Zoning Ordinance pertaining to the definition of "Family". Kay Wilson: Kay Wilson, Associate City Attorney. This amendment is precipitated by changes to the Virginia Code from the 2008 General Assembly. If you have any specific questions about it or you would like for me to go over it, I would be more than happy to do that. Janice Anderson: Thank you. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? Madam Chairman, I have a motion to approve agenda item 17. Janice Anderson: Thank you. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KA TSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 17 for consent. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 I II AN ORDINANCE TO AMEND SECTION 103 OF THE CITY ZONING ORDINANCE PERTAINING TO THE ISSUANCE OF INSPECTION WARRANTS Section Amended: City Zoning Ordinance Section 103 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 103 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 103. Administration. (k) The zonina administrator or his aaent may present sworn testimony to a maaistrate or court of competent iurisdiction and, if such sworn testimony establishes probable cause that a zonina ordinance violation has occurred. request that the maaistrate or court arant the zonina administrator or his aaent an inspection warrant to enable the zonina administrator or his aaent to enter the subiect dwellina for the purpose of determinina whether violations of the zonina ordinance exist. The zonina administrator or his aaent shall make a reasonable effort to obtain consent from the owner or tenant of the subiect dwellina prior to seekina the issuance of an inspection warrant. COMMENT The 2008 General Assembly enacted legislation (DB 430) that allows the Zoning Administrator or his or her agent to seek inspection warrants under certain circumstances. Specifically, the proposed amendment would allow the Zoning Administrator or agent to present sworn testimony to a magistrate or judge and request an inspection warrant for a dwelling. If the sworn testimony establishes probable cause that a violation has occurred, the inspection warrant would be issued by the judge or magistrate, allowing the zoning official to enter the subject dwelling to determine whether the violation exists. The zoning official must, however, make a reasonable effort to obtain the consent of the property owner or tenant prior to seeking an inspection warrant. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day CA 10694 R-4 May 27, 2008 APPROVED AS TO LEGAL SUFFICIENCY: r vU /Uw<- tv! \ )v!rwi' City Attorney's Office I II Item #18 City of Virginia Beach An Ordinance to Amend Section 103 of the City Zoning Ordinance Pertaining to the Issuance of Inspection Warrants June 11,2008 CONSENT Joseph Strange: The next item is item 18, an Ordinance to Amend Section 103 of the City Zoning Ordinance Pertaining to the Issuance of Inspection Warrants Kay Wilson: Kay Wilson, Associate City Attorney. This amendment is precipitated by changes to the Virginia Code from the 2008 General Assembly. If you have any specific questions about it or you would like for me to go over it, I would be more than happy to do that. Janice Anderson: Thank you, Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? Madam Chairman, I have a motion to approve agenda item 18. Janice Anderson: Thank you. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 18 for consent. I II 1 AN ORDINANCE TO AMEND SECTION 104 2 OF THE CITY ZONING ORDINANCE, 3 PERTAINING TO CIVIL PENALTIES 4 5 Section Amended: City Zoning Ordinance 6 Section 104 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 104 of the City Zoning Ordinance IS hereby amended and . 15 reordained to read as follows: 16 17 ARTICLE I. GENERAL PROVISIONS 18 19 20 21 Sec. 104. Violations and penalties. 22 23 24 25 (b) Any person who violates any provision of Part B of Article 2 hereof or 26 section 203(d) or 205 shall be assessed a civil penalty in the amount of two hundred 27 dollars ($200.00) for the initial summons and not more than five hundred dollars 28 ($500.00) for each additional summons. The assessment of a civil penalty shall not 29 preclude the institution of a civil action by the zoning administrator pursuant to section 30 103(a) of this ordinance, but no such violation shall, unless it results in injury to any 31 person, be prosecuted as a criminal misdemeanor, provided however that when such 32 civil penalties total five thousand dollars ($5.000.00) or more. the violation may be 33 prosecuted as a criminal misdemeanor. 34 35 (c) The zoning administrator or his or her designee may issue a civil 36 summons as provided by law for a violation, Any person summoned or issued a ticket 37 for a violation may make an appearance in person or in writing by mail to the city 38 treasurer prior to the date fixed for trial in court. Any person so appearing may enter a 39 waiver of trial, admit liability, and pay the civil penalty established for the offense 40 charged, Such persons shall be informed of their right to stand trial and that a signature 41 to an admission of liability will have the same force and effect as a judgment of court. If 42 a person charged with a scheduled violation does not elect to enter a waiver of trial and 43 admit liability, the violation shall be tried in the general district court in the same manner 44 and with the same right of appeal as provided by law, In any trial for a violation, it shall 45 be the burden of the zoning administrator or his or her designee to show the liability of 46 the violator by a preponderance of the evidence, If the violation remains uncorrected at 47 the time of the admission of liability or findinq of liability. the court may order the violator 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 to abate or remedy the violation in order to complv with the zonina ordinance, Except as otherwise provided bv the court for Qood cause shown, any such violator shall abate or remedy the violation within a period of time as determined bv the court. but not later than six months of the date of admission of liability or findina of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. An admission of liability or finding of liability shall not be a criminal conviction for any purpose, COMMENT The 2008 General Assembly enacted legislation expanding the civil penalty provisions that may be contained in zoning ordinances. The proposed ordinance amendments, which mirror the General Assembly legislation: (1) Allow the court hearing the case of a zoning violation to order the violator to abate or remedy the violation within a specified period of time; (2) Provide that each day the violation continues after the court-ordered abatement period shall constitute a separate violation; and (3) Allows violations in which the accumulated total of civil penalties is $5000 or more to be charged as criminal violations. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: U)d~/vll~j City Attorney's Office ' CA 10697 R-4 May 27, 2008 , II Item #19 City of Virginia Beach An Ordinance to Amend Section 103 of the City Zoning Ordinance Pertaining to Civil Penalties June 11,2008 CONSENT Joseph Strange: The next item is item 19, an Ordinance to amend Section 103 of the City Coning Ordinance pertaining to Civil Penalties Kay Wilson: Kay Wilson, Associate City Attorney. This amendment is precipitated by changes to the Virginia Code from the 2008 General Assembly. If you have any specific questions about it or you would like for me to go over it, I would be more than happy to do that. Janice Anderson: Thank you. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? Madam Chairman, I have a motion to approve agenda item 19. Janice Anderson: Thank you. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KA TSIAS AYE KNIGHT AYE LIV AS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: Bya vote of 10-0, the Board has approved item 19 for consent. , II 1 AN ORDINANCE TO AMEND SECTION 1601 2 OF THE CITY ZONING ORDINANCE, 3 PERTAINING TO THE DEFINITION OF 4 "COASTAL PRIMARY SAND DUNE" 5 6 Section Amended: 9 1601 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINA 12 BEACH, VIRGINIA: 13 14 That Article 16, Section 1601 of the City Zoning Ordinance is hereby amended 15 and reordained to read as follows: 16 17 ARTICLE 16. COASTAL PRIMARY SAND DUNE ZONING ORDINANCE 18 19 20 21 Sec. 1601. Definitions. 22 23 For the purpose of this article: 24 25 26 27 (e) Coastal primary sand dune or dune means a mound of unconsolidated 28 sandy soil which is contiguous to mean high water, whose landward and lateral limits 29 are marked by a change in grade from ten (10) percent or greater to less then ten (10) 30 percent, and upon which is growing any of the following species: American beach grass 31 (Ammophilla breviligulata); beach heather (Hudsonia tometosa); dune bean 32 (Strophostylis spp,); dusty miller (Artemisia stelleriana); saltmeadow hay (Spartina 33 patens); seabeach sandwort (Arenaria peploides); sea oats (Uniola paniculata); sea 34 rocket (Cakile edentula); seaside goldenrod (Solidago sempervirens); Japanese sedoe 35 or Asiatic sand sedoe (Carex kobomuoi); Viroinia pine (Pinus viroiniana); broom sedoe 36 (Andropooon viroinicus); and short dune grass (Panicum ararum). For purposes of this 37 article, "coastal primary sand dune" shall not include any mound of sand, sandy soil or 38 dredge spoil deposited by any person for the purpose of the temporary storage, beach 39 replenishment or beach nourishment, nor shall the slopes of any such mound be used 40 to determine the landward or lateral limits of a coastal primary sand dune. 41 42 (f) Governmental activity means any or all of the services provided by the 43 City of Virginia Beach to its citizens for the purpose of maintaining public facilities, 44 including but not limited to, such services as constructing, repairing and maintaining 45 roads; providing street lights and sewage facilities; supplying and treating water; and 46 constructing public buildings, 47 48 49 50 51 52 53 54 55 56 57 58 (g) Wetlands Board or Board means the board created pursuant to Section 28.2-1303 of the Code of Virginia, COMMENT This amendment comes from a 2008 General Assembly change (HB 1308) that expands the definition of coastal primary sand dune to include those sand dunes upon which Virginia pine, Japanese sedge or broom sedge are growing. of Adopted by the council of the City of Virginia Beach, Virginia, on the ,2008. day APPROVED AS TO LEGAL SUFFICIENCY: / / / I:' APPROVED AS TO CONTENT: CA 10695 R-3 May 8, 2008 Item # 20 City of Virginia Beach An Ordinance to Amend Section 1601 of the City Zoning Ordinance Pertaining to the Definition of "Coastal Primary Sand Dune" June 11,2008 CONSENT Joseph Strange: The next item is item 20, an Ordinance to Amend Section 1601 of the City Zoning Ordinance pertaining to the definition of "Coastal Primary Sand Dune". Kay Wilson: Kay Wilson, Associate City Attorney. This amendment is precipitated by changes to the Virginia Code from the 2008 General Assembly. If you have any specific questions about it or you would like for me to go over it, I would be more than happy to do that. Janice Anderson: Thank you. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? Madam Chairman, I have a motion to approve agenda item 20. Janice Anderson: Thank you. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KA TSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 20 for consent. I II M. APPOINTMENTS BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE HISTORIC PR,ESERV ATION COMMISSION HUMAN RIGTHS COMMISSION OPEN SPACE ADVISORY COMMITTEE REVIEW and ALLOCATION COMMITTEE (COG) I II N. UNFINISHED BUSINESS I II O. NEW BUSINESS P. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** City Council Sessions for July and August July 1 July 8 Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning July 9 - August 4 City Council Vacation August 5 August 12 August 19 August 26 Cancelled - "National Night Out" Briefing, Informal, Formal, including Planning City Council Workshop Briefing, Informal, Formal, including Planning CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 07/01/2008 afb www.vb!!ov.com , i CITY OF VIRGINIA BEACH Ii SUMMARY OF COUNCIL ACTIONS I' I V Ii 0 1 DATE: June 24, 2008 M B L I D C E L E D H C R A W PAGE: 1 S 1 E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R 1 V 0 0 H L R Y S N F N A N D 1 BRIEFINGS: a HISTORIC HOUSES PUBLICATION C. Mac Rawls, Chainnan - VB2007 b 5K FITNESS FACILITY Cindy Curtis, Director -Parks and Recreation lVlll/IVN CERTIFICATION OF CLOSED E SESSION CERTIFIED 10-0 Y Y Y Y Y Y A Y Y Y Y i F MINUTES June 10,2008 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y GfH LEASES OF CITY PROPERTY a. London Street. Indiana and New York 3 SPEAKERS Avenues, Webster Place b. New Bridge Road RESCHEDULED TO 07/01/2008, BY CONSENSUS VJ.1 a Ordinances to AMEND the City Code: ~35-37 re penalty/interest real estate taxes ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y not paid on time CONSENT b 917-5 re concealment 1 unautborized ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y removal of books or other Library CONSENT property I c 923-31 re petit larceny ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT I I I I d 938-1 re carrying concealed weapons ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT 2a OrdinancelResolution re ARP: ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT AMEND ~11 ARP re required findings for repurchases of develooment ri!bts I b AUTHORIZEIDIRECT ADOPTED BY 11-0 Y Y Y y y y Y Y Y Y Y intergovernmental agreement between CONSENT the V A Dept of Agriculture/Consumer Services re ARP easements CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 1 DATE: June 24, 2008 M B L D C E L E D H C R A W PAGE: 2 S I E J L N U N 1 T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R 1 V 0 0 H L R Y S N F N A N D 33 Ordinances to REPEAL the City Code: ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ~3-6 of the City Code re Vebicles for CONSENT Display/ A nnouncementsl Advertisements b ~23-45.1 re unlawful filming/videotaping ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Ipbotographing of another CONSENT 43 Ordinances re GASB45: ESTABLlSHlPARTlCIPA TE Trust for ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y post-employment Benefits re Virginia CONSENT Pooled OPEB b APPROPRIA TE $2,000,0001 ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y TRANSFER $3.000,000 to comply with CONSENT Retiree bealtb liability 5 Ordinance to AUTHORIZE Leases with DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y RW Wbite Farm, LLC for City-owned 07/01/2008. BY land on New Bridge Road CONSENT 6 Ordinance AUTHORIZING Leases with ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y VBCDC for 4 residential properties CONSENT 7 Resolution AUTHORIZING changes to ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Healtb Care coverage to active/retired AL TERN A TE employees No.2, BY CONSENT 8 Ordinance AUTHORIZING Lease ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreement for relocation of EMS/ CONSENT TRANSFER $153,310 to Management Services re lease expenses 9 Ordinance to ACCEPT/APPROPRIATE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $821,070 in State revenue/$549,760 Comp CONSENT Services Special Revenue Fund to Human Services re foster care services 10 Ordinance to APPROPRIATE State ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y revenue of $29.525/$2,281 gift fund CONSENT balance to Fire Department 11 Ordinance to ACCEPT/APPROPRIATE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $8,745 contribution resulting from first CONSENT annual Virginia Beach Business Appreciation Charity Golf ClassicI Networking Reception re donation to three local charitable programs ,I CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V 0 I DATE: June 24, 2008 M B L D C E L E D H C R A W PAGE: 3 S 1 E J L N U N 1 T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R 1 V 0 0 H L R Y S N F N A N D ~ 12 Ordinance to GRANT permits re EMS ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y agencies: CONSENT a. American Lifeline Medical Transport b. Children's Hospital of the King's Daughters Transport c. Life Evac of Virginia Air Medical ~ Transport I d. Medical Transport e. Network Medical Systems f. Eastern Shore Ambulance Service g. Nightingale Air Ambulance K1 JOHN SARGENT Expansion of a APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y Nonconforming Use for expansionl CONDITIONED, alternations at 203 6200 St BY CONSENT DISTRICT 5 - L YNNHA VEN 2 GLENNERONICA CUNNINGHAM APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y closure of alley into existing single-family CONDITIONED, residential lot at 621 South Atlantic Ave BY CONSENT DISTRICT 6 - BEACH 3 Variance to ~4.4(b) of Subdivision Ord that APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y all lots meet CZO for MILDRED CONDITIONED, FRAZIERlREED GODFREY at 1680 BY CONSENT Godfrey Ln to subdivide lot into 2 parcels DISTRICT 5 - L YNNHA VEN 4 CHECKERED FLAG MOTOR CAR DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y CO., INC. CUP re motor vebicle sales! 07/08/2008, BY service at 5070 Virginia Beach Blvd CONSENT DISTRICT 4 - BA YSIDE 5 BOBBY ROWE'S DIESEL SERVICE, APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y INC., CUP re small engine repairl CONDITIONED, automobile repair garage at 1333 Harpers BY CONSENT Rd, Suite 107, Unit D DISTRICT 6 - BEACH 6 ROBYN D, VASILE CUP re home APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y y occupation (textile art) at 5713 Ranger St. CONDITIONED, DISTRICT 2 - KEMPSVILLE BY CONSENT 7 MARVIN M.lGA YLE B. ROLLINS at APPROVED AS 11-0 Y Y y Y Y Y Y Y Y y Y 609 Princess Anne Rd: PROFFEREDI DISTRICT 7 - PRINCESS ANNE CONDITIONED, a. Co2 from AG-2 to Conditional B-2 re BY CONSENT office-warebouses!self-storage units! restaurant b. Conditional Use Permit for mini- warebouses CITY OF VIRGINIA BEACH SUMMARY OF COUNCUACnONS V 0 1 DATE: June 24, 2008 M B L D C E L E D H C R A W PAGE: 4 S 1 E J L N U N 1 T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R 1 V 0 0 H L R Y S N F N A N D 8 HOME ASSOC OF VIRGINIA, INC. MODIFIEDI 8-3 Y Y Y N Y N N Y Y Y Y Modification of Proffers (approved June PROFFERED 13,2006 for LBH, L.L.C.). at Princess Anne/Sandbridge Rds to relocate commercial sites/vebicular access DISTRICT 7 - PRINCESS ANNE 9 CATHOLIC DIOCESE OF MODlFIEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y RICHMOND Modification of Conditions CONDITIONED, (approved November 10, 1986, at St. BY CONSENT Gregory the Great) 5345 Virginia Beach Blvd, re prefabricated metal storage building on a slab DISTRICT 2 - KEMPSVILLE 10 CILOU, L.L.C. Modification of MODIFIEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditions [approved on May 12, 19921 CONDITIONED, October 29,1996, (M. R. & Mary R. BY CONSENT Welch)/October 13, 1992 (McKenzie Construction Corp)], at 588 Central Dr re establisbing new conditions for tbe entire site DISTRICT 6 - BEACH 11a Ordinances of the CITY OF VIRGINIA BEACH: ADOPTED 6-5 Y Y Y N Y N N Y Y N N AMEND ~212 ofCZO/ADD new ~212.2, re motor vebicle signs b AMEND Appendix D - Stonnwater ADOPTED BY 11..0 Y Y Y Y Y Y Y Y Y Y Y Management Ordinance re variances CONSENT c AMEND Appendix F - Chesapeake Bay ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Preservation Area Ordinance re CONSENT maintenancelbest management practicesl runoff load/impervious cover L APPOINTMENTS BEACHES and WATERWAYS RESCHEDULED B Y C 0 N S E N S U S COMMISSION BIKEWAYS and TRAILS ADVISORY RESCHEDULED B Y C 0 N S E N S U S COMMITTEE HISTORIC PRESERVATION RESCHEDULED B Y C 0 N S E N S U S COMMISSION HUMAN R1GTHS COMMISSION RESCHEDULED B Y C 0 N S E N S U S LOCAL FINANCE BOARD - GASB 45 RESCHEDULED B Y C 0 N S E N S U S OPEN SPACE ADVISORY COMMITfEE RESCHEDULED B Y C 0 N S E N S U S CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V 0 1 DATE: June 24, 2008 M B L D C E L E D H C R A W PAGE: 5 S I E J L N U N 1 T E D N 0 A D H U L W AGENDA E Z y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R 1 V 0 0 H L R Y S N F N A N D ~ MIN Schedule City Council Sessions for July and SCHEDULE 11-0 y y y y y y y y y y y August ADOPTED I July 1 Briefing, Informal, Formal, including Planning I July 8 Briefing, Informal, Formal, including Planning July 9 - August 4 City Council Vacation August 5 Cancelled - "National Night Out" August 12 Briefing, Informal. Formal, including Planning August 19 City Council Workshop ! August 26 Briefing, Informal, Formal, including Planning 0 ADJOURNMENT 9:46 PM CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER