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JULY 8, 2008 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayslde - DIstrict 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, 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 HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY COY CLERK - RUTH HODGES SMiTH, MMC 08 JUL Y 2008 I. CITY COUNCIL BRIEFING - Conference Room - 1 :30 PM A. CITY AUDITOR UPDATE Lyndon S. Remias, City Auditor II. CITY MANAGER'S BRIEFINGS A. GREEN RIBBON COMMITTEE UPDATE Barry Frankenfield, Planning, Design and Development Administrator Parks and Recreation B. FALSE ALARMS Deputy Chief James Cervera - Police Department III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor' Meyera E. Oberndorf B. INVOCATION: Reverend Mark Bailey Carpenter's House Ministries 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 July 1,2008 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION VIRGINIA BEACH SISTER CITY EXCHANGE Ke:npsville Middle School and North Down Co. Bangor, Northern Ireland Dr. James L. Smith, Principal- Kempsville Middle School I. PUBLIC HEARINGS 1. PROPOSED CITY CODE CHANGE TO INCREASE TAXI RATES 2. INSTALLMENT PURCHASE AGREEMENT J, CONSENT AGENDA K. ORDINANCESI RESOLUTION 1. Ordinance to AMEND City Code Section 36-172 re increasing the Taxi fares. 2. Ordinance to AMEND City Code Section 35-64 re real estate tax exemptions for Elderly and Handicapped. 3. Ordinance to AMEND the Virginia Aquarium and Science Museum's FY 2007-08 Operating Budget and REDUCE the FY 2008-09 Capital Budget re substitution of revenue sources. 4. Ordinance to ACCEPT a Cooperative Agreement for legal services between City Council and the School Board and AUTHORIZE Mayor Oberndorfto execute said Agreement for FY 2009. 5. Ordinance to AUTHORIZE the City Manager to execute a Deed of Release and Exchange with Sylvia J. Estes re Agricultural Land Preservation (ARP) easement on 1628 Mill Landing Road. 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's right-of- way for SURA M. GOLDNER, Trustee of the Sura M. Goldner Declaration of Trust, re the construction and maintenance of a bulkhead, boat house and piers and to maintain an existing concrete boat ramp at 2400 Lookout Court. DISTRICT 4 - BA YSIDE 7. Ordinances to ACCEPT/APPROPRIATEITRANSFER: a. $1,000,179 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2008-09 Operating Budget re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team b. $70,716.52 from the Federal Emergency Management Agency (FEMA) and TRANSFER to the General fund to reimburse previous administrative expenses c. $720,900 to the Police Department's FY 2008-09 Operating Budget from the DEA Seized Property Special Revenue Fund re purchase of equipment and canines d. $133,932 grant from the Virginia Department of Conservation and Recreation (D.C.R.) and TRANSFER to the Public Works' FY 2008-09 Operating Budget, Grants Consolidated Fund, re water quality improvements 8. Resolution to set City Employee and Retiree Health Care contribution rates for Plan Year 2009. L. PLANNING 1. RECONSIDERATION of the application for NIMMO CHILDCARE and RESOURCE LEAJRNING CENTER, INC. re the Modification of Conditions (approved by City Council on November 23, 1993, in behalf of Donald G. Pratt and denied May 6,2008) at 2244 General Booth Boulevard DISTRICT 7 - PRINCESS ANNE RECOMMENDA nON DEFER TO AUGUST 12,2008 2. Application of DAVE WILSON for the expansion of a Nonconforming Use at 109 53rd Street re alterations and additions to an existing nonconforming garage apartment. DISTRICT 5 - L YNNHA VEN RECOMMENDATION DEFER TO AUGUST 12,2008 3. Appli.:.:ation of WELDEN FIELD OF VIRGINIA, L.L.c. for a Change of Zoning from 1-1 Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay re developing single-family dwellings and townhomes at Regent University Drive and Jake Sears Road. DISTRICT I - CENTERVILLE DEFERRED RECOMMENDA nON APRIL 22, 2008 and MA Y 13,2008 DEFER TO AUGUST 12,2008 4. Application of JACK FERREBEE, ET AL for the closure of a portion of an unimproved alley located between 55th and 56th Streets from Holly Road to Myrtle Avenue, Ubermeer Subdivision, re combining the alley with their adjoining lots. DISTIUCT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 5. Application of CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use Permii' re motor vehicle sales and service at 5070 Virginia Beach Boulevard. DISTRICT 4 - BA YSIDE DEFEERRED RECOMMENDA nON JULY 8, 2008 APPROVAL 6. Application of LORETTA LANE, L.L.C. for a Conditional Use Permit, re bulk storage at Loretta Lane and North Birdneck Road. DISTIUCT 6 - BEACH RECOMMENDA nON APPROV AL 7. Application of HUNT CLUB FARMS for a Conditional Use Permit re recreation facilities of an outdoor nature at 2356-2400 London Bridge Road DISTRICT 7 - PRINCESS ANNE RECO\1MENDA nON APPROVAL I I 8. Application of VIRGINIA BEACH SCHOOL BOARD for a Change of Zoning District Classification from AG-l and AG-2 Agricultural District to Conditional 1-2 Heavy Industrial District at Harpers Road and Oceana Boulevard to develop the site for a school bus maintenance facility. DISTRICT 6 - BEACH RECOMMENDATION APPROV AL 9. Application of WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. for Modification of Conditions re a multi-structure parking garage (approved by City Council on June 9,1998) at 3100 Shore Drive. DISTRICT 5 - L YNNHA VEN RECOMMENDA nON APPROVAL 10. Ordinance AMENDING the City Zoning Ordinance (CZO) regulations pertaining to communication towers and building-mounted antennas, including definitions, pre- application and application requirements, locational, landscaping and other requirements as well as Zoning Districts where permitted. RECOMMENDA nON APPROVAL M. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE REVIEW and ALLOCATION COMMITTEE (COG) N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT CITY COUNCIL TWO-DAY GOAL SETTING WORKSHOP 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 07/0812008gw www.vbgov.com I. CITY COUNCIL BRIEFING - Conference Room - 1 :30 PM A. CITY AUDITOR UPDATE Lyndon S. Remias, City Auditor II. CITY MANAGER'S BRIEFINGS A. GREEN RIBBON COMMITTEE UPDATE Barry Frankenfield, Planning, Design and Development Administrator Parks and Recreation B. FALSE ALARMS Deputy Chief James Cervera - Police Department III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA v. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Mark Bailey Carpenter's House Ministries 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 July 1,2008 G. AGENDA FOR FORMAL SESSION 1R.rsnlutinn 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, THEREFO~, B~ IT RESOL YED: 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. I i II I H. MAYOR'S PRESENTATION VIRGINIA BEACH SISTER CITY EXCHANGE Kempsville Middle School and North Down Co. Bangor, Northern Ireland Dr. James L. Smith, Principal- Kempsville Middle School I II II IT i J. PUBLIC HEARINGS 1. PROPOSED CITY CODE CHANGE TO INCREASE TAXI RATES 2. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easement-1618 Mill Landing Road ; I11I .11 PUBLIC HEARING ON A PROPOSED CODE CHANGE TO INCREASE TAXI RATES: ON TUESDAY JULY 8TH, THE CITY COUNCIL OF VIRGINIA BEACH WILL HEAR A REQUEST TO INCREASE THE FOLLOWING TAXI RATES: METER DROP FEE FROM $2.25 TO $3.25 PER 1/8 MILE FROM $.25 TO $.30 PER MINUTE WAITING TIME FROM $.25 TO $.30 At is FolIT8I 5"5100 rn July 8th. at 6:00 PM. the Virginia Beecn city Council will hots a PlIBUC ;EARING In the Council Chamber Q'1 the sKOnc:l rlcOr Qr :Iy HI" en a pq:IOSIBd Ca:Ie Change autnCII;r'ng taxi cab :omJ:8nIl!S to Ill78lIse the 8bave tall rates. This rate ncreast!< Is IJ'Op:lsecl dUll! to IlXrea'Sed gagjlne prt::e5 :lnd cost o3r IMIli IFU8I!IS8S and w.::utJ alf1EinCJ cty Cooe j 36-172. rIW JrtpOSecl chlllgs Will be 00 my :OUlCU'S agenclB ror a 'lite oRh same night. IntEffStec:l reslclents of Ihe cuy Of "'''gtlla Beach may 'eglstel' w11tI the City Cleric to aO:lres'S aty GaJRclI on :he proposed nCl'6Ise bf contacting the City Clelk's Jmce al 38.5-4]03. Residents unable to atien'J R1lIY ;ubmlt camnents vta emallllO I:lIdaet~C7# .can IlJtIl I-bcge.s fras<<. MMC cry Clerk r you are physkil" chaIJIecI or Mualty implired and -.eed asststara . this meeting. pli!8se call the CfTV ~LERK'$ OFFlCf .t 385-4303. The CIl)' Hall Building s 1000..atEd at 2401 Courthouse Cft\e. :Je<<cn June 26, 2001 IS942IGS I I III ill I NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF INSTALLMENT PURCHASE AGREEMENTS FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA . Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearing with respect to the execution and delivery of Installment Purchase Agreements for the acquisition of agricultural land preservation easements with respect to land located at 1628 Mill Landing Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95-2319, as amended. known as the Agricultural Lands Preservation Ordinance, which: establishes an agricultural reserve program for the southem portion of the City designated to (a) promote and encourage the preservation of fannland, (b) preserve open spaces and the area's rural character. (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of pUblic funds for such improvements, and (e) assist in shaping the character. direction and timing of community development. Such easements will be purchased pursuant to Installment Purchase Agreements for an estimated maximum purchase price of $350,451.00. The City's obligation to pay the purchase price under the Installment Purchase Agreements is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The Public Hearing, which may be continued or adjoumed, will be held by the City Council on July 8, 2008, at 6:00 p.m. in the City Council Chambers located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges Fraser, MMC City Clerk Beacon June 22 & 29,2008 18919125 i I " 11,111 I K. ORDINANCESI RESOLUTION 1. Ordinance to AMEND City Code Section 36-172 re increasing the Taxi fares. 2. Ordinance to AMEND City Code Section 35-64 re real estate tax exemptions for Elderly and Handicapped. 3. Ordinance to AMEND the Virginia Aquarium and Science Museum's FY 2007-08 Operating Budget and REDUCE the FY 2008-09 Capital Budget re substitution of revenue sources. 4. Ordinance to ACCEPT a Cooperative Agreement for legal services between City Council and the School Board and AUTHORIZE Mayor Oberndorfto execute said Agreement for FY 2009. 5. Ordinance to AUTHORIZE the City Manager to execute a Deed of Release and Exchange with Sylvia J. Estes re Agricultural Land Preservation (ARP) easement on 1628 Mill Landing Road. 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's right-of- way for SURA M. GOLDNER, Trustee of the Sura M. Goldner Declaration of Trust, re the construction and maintenance of a bulkhead, boat house and piers and to maintain an existing concrete boat ramp at 2400 Lookout Court. DISTRICT 4 - BA YSIDE 7. Ordinances to ACCEPT/APPROPRIATEITRANSFER: a. $1,000,179 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2008-09 Operating Budget re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team b. $70,716.52 from the Federal Emergency Management Agency (FEMA) and TRANSFER to the General fund to reimburse previous administrative expenses c. $720,900 to the Police Department's FY 2008-09 Operating Budget from the DEA Seized Property Special Revenue Fund re purchase of equipment and canines d. $133,932 grant from the Virginia Department of Conservation and Recreation (D.C.R.) and TRANSFER to the Public Works' FY 2008-09 Operating Budget, Grants Consolidated Fund, re water quality improvements 8. Resolution to set City Employee and Retiree Health Care contribution rates for Plan Year 2009. I I 111.1 '11-4- 4i'~"'h ~. ~~........'..';t?l, ;/ ll'~~' . "\'~I (I:: . '" i:t~ (':i.,...,.... . ;~. (,..... ~"J \,.;;... ~"ij ~~~.,,~Y -.......'w'V.... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 36-172 to Increase the Meter Drop Fee from $2.25 for the First Eighth of a Mile to $3.25, to Increase the Per 1/8th of a Mile Charge from $0.25 to $0.30, and to Increase the Per Minute Waiting Time from $0.25 to $0.30 MEETING DATE: July 8, 2008 . Background: With the rising prices in gasoline, City Council and City staff have been approached by various taxi companies about a rate increase. Several different components of a rate increase have been discussed by the taxi owners in order to provide for cost increases that their drivers face. . Considerations: On June 20th, staff held a meeting with the taxi owners to discuss their proposals and see if the taxi companies could all agree on one rate proposal that they could all support. The taxi companies have proposed increasing the first 1/8th of a mile charge (meter drop fee) by $1.00, increasing the per 1/8th of a mile charge by $.05 and increasing the per minute waiting time by $.05. . Public Information: City Code requires the City Council to hold a public hearing on this issue. In a letter to the taxi companies, they were asked to place notification of the public hearing in their cabs so that customers would be made aware of the hearing. A public hearing will be held on July 8th. . Alternatives: City Council has three options: 1) Approve the ordinance as written and approve the increases. 2) Disapprove the ordinance and leave the fees as they are. 3) Increase any of the fees above their current rates but below the proposed rates. . Recommendations: Approve the ordinance and increase the meter drop fee for taxi cabs from $2.25 to $3.25, increase the per 1/8th of a mile fee from $0.25 to $0.30, and increase the per minute waiting time from $0.25 to $0.30. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Management Services OA (:) City Manage~ ~ IOGMi. 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 AN ORDINANCE TO AMEND CITY CODE SECTION 36-172 TO INCREASE THE METER DROP FEE FROM $2.25 FOR THE FIRST EIGHTH OF A MILE TO $3.25, TO INCREASE THE PER EIGHTH OF A MILE CHARGE FROM $0.25 TO $0.30, AND TO INCREASE THE PER MINUTE WAITING TIME FROM $0.25 TO $0.30 WHEREAS, the City of Virginia Beach regulates taxi cab rates in the city and has determined that the rising cost of gasoline and increases in cost of living merit an increase in taxi cab rates. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 36-172 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Sec. 36-172. Maximum rates for taxicabs. (a) No person owning, operating, controlling or driving a taxicab within the city shall charge an amount to exceed the following rates of fare: (1) For the first one-eighth of a mile or fraction thereof. . . ~ $3.25 (2) For Hach succeeding one-eighth of a mile or fraction thereof. . . $~ ~0.30 (3) Trunk charge. . . 0.50 (4) For Hach minute of waiting time. . . ~ $0.30 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: HoJv)(},~ Management SErvices c~~~ CA 10804 R-2 June 30, 2008 I I I I ,{=~ 9' .." ~'\1 ~=-l'" .....\~ o " ,. ~~ ,: -.~.., ;)> ~. ; ~. #,' '.~'?Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 35-64 of the City Code Pertaining to Real Estate Tax Exemptions for Elderly and Handicapped MEETING DATE: July 8, 2008 . Background: The General Assembly made changes to the state law that authorizes the City's tax exemption program for persons over the age of 65 and persons who are permanently and totally disabled. In reviewing those changes, staff has identified additional changes made in previous General Assembly sessions that also have not been incorporated into the City Code. The changes are: . An increase in the maximum acreage eligibility for exemption from 1 acre to 10 acres . An allowance for a $5,000:.' exclusion from the income limitation for permanent or temporary disability benefits received by the applicant . Inclusion of income of persons not related to the applicant who live in the home, except for bona fide tenants or paid caregivers, and subject to an exclusion for up to $10,000 of that person (for example, if the person has $40,000 in income, then $30,000 ($40,000 - $10,000) of that income will be added to the income of the applicant for purposes of determining whether the applicant exceeds the income limitation for participation in the tax exemption program . A change to the provision regarding an applicant whose health has deteriorated to the point that the only alternative to permanently residing in a nursing home or similar facility is to have a caregiver move into the applicant's home. In those circumstances, the income of the caregiver and his/her spouse is excluded from the calculation of the applicant's total income for eligibility purposes, provided that the applicant has not transferred assets in excess of $5,000 without adequate consideration during the three-year period prior to or after the caregiver moved into the home. Previously, this provision applied only when a relative served as the caregiver, but the state law amendment now allows non-relatives to serve as the caregiver. The state law change also increases the transfer cap from $5,000 to $10,000. This ordinance incorporates all of the above changes. . Considerations: The increase in the acreage exemption is required by state law, but the other changes are optional. . Public Information: This item will be advertised in the same manner as all other agenda items. . Attachments: Ordinance Recommended Action: Approval Submitting De partmentlAgency: Real Estate Assesso~ City Manager: ~k.~ 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 2() 27 28 29 3D 31 32 33 34 3&- ~) 3E> 37 38 39 40 41 42 43 44 45 I I AN ORDINANCE TO AMEND CITY CODE SECTION 35-64 PERTAINING TO REAL ESTATE TAX EXEMPTIONS FOR ELDERLY AND HANDICAPPED SECTION AMENDED: S 35-64 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-64 is hereby amended and reordained to read as follows: Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, etc. (a) Either the exemption, deferral or freeze, but not more than one (1), as provided for in this division shall be granted to persons subject to the following provisions: (1) The title to the property for which exemption, deferral or freeze is claimed is held, or partially held, on June 30 immediately preceding the taxable year, by the person or persons claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or persons. (2) The head of the household occupying the dwelling and owning title or partial title thereto or either spouse in a dwelling jointly held by a husband and wife is either permanently and totally disabled or is sixty-five (65) years of age or older on June 30 of the year immediately preceding the taxable year; provided, however, that a dwelling jointly held by a husband and wife may qualify if either spouse is over sixty-five (65) years of age. (3) For the tax exemption programs, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence~ aM (ii) the owner's or owners' relatives who live in the dwelling and (iii) nonrelatives of the owner who live in the dwellinq except for bona fide tenants or bona fide paid careqivers of the owner, shall not exceed sixty-three thousand four hundred and fifty dollars ($63,450) provided that the first ten thousand dollars ($10,000) of income of each relative, other than a spouse of the owner, who is living in the dwelling and who does not Qualify for the exemption provided by subdivision (b) hereof. and any amount UP to ten thousand dollars ($10,000) of income of each nonrelative'who is not the bona fide tenant or bona fide paid careqiver of an owner Iivinq in the dwellinQ and who does not Qualify for the exemption provided by subdivision (b) hereof, shall not be included in such total~ ~and provided further that UP to five thousand dollars ($5.000) of any permanent or temporary disability benefit, from whatever source. received by an owner and the first ten thousand dollars ($10,000) or any 46 47 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 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (4) For the tax freeze program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence.1 aAG (ii) the owner's or owners' relatives who live in the dwelling and (iii) nonrelatives of the owner who live in the dwellinq except for bona fide tenants or bona fide paid careQivers of the owner, shall not exceed sixty-three thousand four hundred and fifty dollars ($63,450) provided that the first ten thousand dollars ($10,000) of income of each relative, other than a spouse of the owner, who is living in the dwelling and who does not Qualify for the exemption provided by subdivision (b) hereof, and any amount UP to ten thousand dollars ($10.000) of income of each nonrelative who is not the bona fido tenant or bona fide paid careqiver of an owner livinq in the dwellinq and who does not Qualify for the exemption provided by subdivision (b) hereof, shall not be included in such total; and provided further that UP to five thousand dollars ($5,000) of any permanent or temporary disability benefit. from whatever source, received by an owner and the first ten thousand dollars ($10,000) or any portion thereof cf income received by a permanently and totally disabled owner shall not be included in such total. (5) For the tax exemption programs, the net combined financial worth, including equitablE! interests, as of December 31 of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding aRe ten (1Q) acre~) upon which it is situated, shall not exceed three hundred and fifty thousand dollars ($350,000). (6) For the tax freeze program, the net combined financial worth, including equitable interests, as of December 31 of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding aRe ten (1Q) acre~) upon which it is situated, shall not exceed three hundred and fifty thousand dollars ($350,000). (7) For the tax deferral program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence.1 aAG (ii) the owner's or owners' relatives who live in the dwelling and Wi) nonrelatives of the owner who live in the dwellinq 13xcept for bona fide tenants or bona fide paid careqivers of the owner, shall not exceed sixty-three thousand four hundred and fifty dollars ($63,450) provided that the first ten thousand dollars ($10,000) of income of each relative, other thai' a spouse of the owner, who is living in the dwelling and who does not Qualify for the exemption provided by subdivision (b) hereof. and any amount UP to ten thousand dollars ($10,000) of income of each nonrelative who is not the bona fide tenant or bona fide paid careqiver of an owner livinq in the dwellinq and who does not Qualify for the exemption provided by subdivision (b) hereof, shall not be included in such total; and provided further that UP to five thousand dollars I I 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 , ,I, I I, ~5,OOO) of any permanent or temporary disability benefit, from whatever source, received by an owner and the first ten thousand dollars ($10,000) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (8) For the tax deferral program, the net combined financial worth, including equitable interests, as of December 31 of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding eRe ten (1Q) acre~) upon which it is situated, shall not exceed three hundred and fifty thousand dollars ($350,000). (9) The dwelling is occupied. (b) Notwithstanding subdivision (a) of this section, if 3 person an owner qualifies for an exemption or deferral under this article, and if the person owner can prove by clear and convincing evidence that the person's his physical or mental health has deteriorated to the point that the only alternative to permanently residing in a hospital, nursing home, convalescent home or other facility for physical or mental care is to have a rol:::1tive person move in and provide care for the person owner, and if a rol:::1tive person does then move in for that purpose, then none of the income of the relative person or of the rolative's person's spouse shall be counted towards the income limit, provided that the owner of the residence has not transferred assets in excess of five ten thousand dollars ($ ~ 1Q,000) without adequate consideration within a three-year period prior to or after the relative person moves into such residence. (c) The fact that persons owners who are otherwise qualified for tax exemption, deferral or freeze pursuant to this division are residing in hospitals, nursing homes, convalescent homes or other facilities for physical or mental care for extended periods of time shall not be construed to mean that the real estate for which tax exemption, deferral or freeze is sought does not continue to be the sole dwelling of such persons owners during such extended periods of other residence, so long as such real estate is not used by or leased to others for consideration. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of , 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c;:~~ CA10719 R-4 July 2, 2008 I I 1.1' , ~~:\ ,0";'.::' '''[;,./Yt~ fa:.~..... . -.1,) &:r~' ,,"\~.) 'Ot . . is;:' ~:\~ ;:1 ,\........~ 1.> l\.~.;-... .."'.,)' L~~.....~-:::jJ "'" \.. CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance to Amend the Museum Department's FY 2007-08 Operating Budget and Reduce the FY 2008-09 Capital Budget MEETING DATE: July 8, 2008 . Background: The Virginia Aquarium and Marine Science Center has been under renovation for the duration of FY 2007-08; however, the facility has remained open throughout the construction process. The Department had anticipated decreases in daily admissions, memberships, IMAX Theater admissions and gift shop sales as a result of the construction. A $250,000 dedicated reserve was established in the General Fund during the budget preparation to cover the anticipated shortfall. Since that time, however, several additional factors have affected the Museum Department's Operating Budget. First, the economy has declined more significantly than had been anticipated and fuel and utility prices have skyrocketed. Both of these factors have substantially affected citizens' discretionary spending and willingness to travel and attend cultural activities. Second, the economic changes mentioned have had a dramatic impact on the Museum's operating costs, particularly operating the facilities and feeding the animals. Third, a federal increase in the minimum wage went into affect after the budget was prepared and had to be absorbed by the Department. Despite making significant efforts to contain costs, the Department's FY 2007-08 expenditures will exceed the realized revenues. It is necessary to substitute funding sources in FY 2007-08, and eliminate the use of the fund balance from the Virginia Aquarium Special Revenue Fund in the Capital Budget in FY 2008-09 to make it available to cover FY 2007-08 revenue deficits. . Considerations: The Virginia Aquarium and Marine Science Center did generate a significant amount of revenue to cover operating expenses, despite the ongoing renovation. This revenue would have been completely eliminated if the facility had closed during construction, but the majority of the facility's costs would still have been incurred. After the transfer of the $250,000 dedicated reserve, the anticipated revenue shortfall is $500,694. The shortfall will be covered by $119,526 from the fund balance of the Virginia Aquarium Special Revenue Fund and a $381,168 transfer from the General Fund Reserve for Contingencies - Compensation. Due to employee turnover and the savings generated from the hiring freeze, there is sufficient funding in the compensation reserve to cover this need. During the preparation of the FY 2008-09 Resource Management Plan, the full amount of fund balance from the Virginia Aquarium Special Revenue Fund had been programmed in CIP Project # 3-278, "Virginia Aquarium Renewal and Replacement - Phase II" to address maintenance needs. The funding in that project will be eliminated in the FY 2008-09 Capital Budget since that funding will no longer be available. Management S.ervices will work with the Department of Museums on a long term capital maintenance funding plan as part of their transition to the General Fund in the 2008-09 fiscal year. . Public Information: Information will be disseminated through the regular Council agenda notification process. . Alternatives: Without this substitution of revenue sources, the Virginia Aquarium Special Revenue Fund will incur a negative balance, which would carry forward into the General Fund when the funds merge at the close of FY 2007-08. . Recommendations: Approve the substitution of revenue sources in the Museum Department's FY 2007-08 Operating Budget and reduce the FY 2008-09 Capital Budget. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Museums ~ City Manager:"~ S k. ~""'1.. II' ,~ I-Icdl'--, 1 AN ORDINANCE TO AMEND THE MUSEUM 2 DEPARTMENT'S FY 2007-08 OPERATING BUDGET AND 3 REDUCE THE FY 2008-09 CAPITAL BUDGET 4 WHEREAS, the Virginia Aquarium was undergoing renovation for the duration of FY 5 2007-08 and a revenue shortfall was anticipated as a result of decreased attendance; 6 7 WHEREAS, a $250,000 dedicated reserve was established in the General Fund to 8 cover the revenue shortfall which has already been transferred to address the shortfall; 9 10 WHEREAS, the downturn in the economy was more substantial than anticipated 11 and other operating costs have risen significantly since the budget was prepared; 12 13 WHEREAS, despite making cutbacks to discretionary spending, the expenses for 14 the Virginia Aquarium will exceed the realized revenue for FY 2007-08 in excess of the 15 dedicated reserve amount. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 Fiscal Year 2007-08 21 22 1. That estimated revenues in the Virginia Aquarium Special Revenue Fund FY 23 2007-08 Operating Budget are hereby decreased by a total of $500,694 as 24 follows: $442,238 from IMAX Theater Admissions and $58,456 from 25 Aquarium Store Sales. 26 27 2. That estimated revenues in the Virginia Aquarium Special Revenue Fund FY 28 2007-08 Operating Budget are hereby increased by $500,694, with $381,168 29 being transferred from the General Fund Reserve for Contingencies - 30 Compensation and $119,526 being appropriated from the fund balance of 31 the Virginia Aquarium Special Revenue Fund; :~2 :~3 Fiscal Year 2008-09 :~4 :~5 3. That CIP# 3-278, "Virginia Aquarium Renewal and Replacement- Phase II," 36 is hereby reduced by $119,526 in the FY 2008-09 Capital Budget, with 37 revenue reduced accordingly. of Adopted by the Council of the City of Virginia Beach, Virginia on the 2008. day Approved as to Content: Approved as to Legal Sufficiency: ~~~ City ttorney's Offic Management Services CA10810 R-4 July 1, 2008 III .."-""1,1,11,.. ,. ~~... ,{'~.~~ ('~~":@,l (I:': '11 . \.'.,! (0 . \~! ~.~. . i~) (\ -'4a.!.fJ l:.\.....~~~ ~~~~J "" "- CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance Approving a Cooperative Agreement Between City Council and the Virginia Beach School Board for the Provision of Legal Services to the Board by the Office of the City Attorney in Fiscal Year 2009 MEETING DATE: July 8, 2008 . Background: Since 1996, the City Council has entered into a Cooperative Agreement for the City Attorney to provide legal services to the School Board. Each year, the Agreement is presented to the City Council for approval. On August 7, 2007, the attached Cooperative Agreement was approved by the School Board. . Considerations: Under the Cooperative Agreement between City Council and the School Board, the City Attorney's Office will continue to provide 4,125 hours of legal service to the School Division and will be reimbursed for the direct cost of those services. One Deputy City Attorney (Kamala H. Lannetti), one Associate City Attorney (LaRana J. Owens), and one legal secretary (Anna Blanton) are located in the School Administration Building, and the Deputy City Attorney coordinates the delivery of additional legal services, as needed, by other attorneys in the City Attorney's Office, as well as outside counsel. . Public Information: The ordinance is to be advertised as a routine agenda item. . Recommendation: It is recommended that the City Council approve the Cooperative Agreement and authorize Mayor Oberndorf to execute it on behalf of the City Council. . Attachments: Ordinance Cooperative Agreement Recommended Action: Approval Submitting Department/Agency: City Atto~ney, r.:?b CityManag~lL, ~~ 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 AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE VIRGINIA BEACH SCHOOL BOARD FOR THE PROVISION OF LEGAL SERVICES TO THE BOARD BY THE OFFICE OF THE CITY A TIORNEY IN FISCAL YEAR 2009 WHEREAS, the Office of the City Attorney has, for a number of years, provided legal services to the Virginia Beach School Board and School Administration pursuant to Cooperative Ag reements; WHEqEAS, the Cooperative Agreement for FY 2008, which expired on June 30, 2008, provides that U[t]his Cooperative Agreement ... may be revised, as necessary, and renewed each fiscal year ...;" and WHEI={EAS, City Council agrees that it is in the best interests of the City and the School Board for the Office of the City Attorney to continue to provide legal services to the School Board pursuant to the revised Cooperative Agreement for FY 2009. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby approves the Cooperative Agreement for FY 2009, a copy of which is attached hereto. 2. That the Mayor is hereby authorized to execute the Cooperative Agreement on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of ,2008. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ;e~t ~ City Attorney CA 10800 R-1 June 18, 2008 III _'___'_'__'_,,1,[,11, COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2009 Factual Backeround: 1. City Charter Authoritv. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Leeal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recoenized Reasons to Share Leeal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise ofthe City Attorney's Office in City and School Board matters, institutional memory, and the ability of the City Attorney's Office to provide a wide range of legal services to the Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judl!ment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identi~y any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Councilor the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Obiectives: III . + I '1'1__' The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. A2reement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: I. Le2al Staffin2. The Office of the City Attorney will provide the equivalent of two and one half (2 !h) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2009. The services to be provided as follows: A. The City Attorney will dedicate two attorneys on-site at the School Administration Building to the School Board and the School Administration who will devote all of their time (i.e., 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and LaRana Owens, Assistant City Attorney. The City Attorney's Office is in the process of hiring a new Public Education Attorney for the position held by LaRana Owens and that attorney is expected to begin employment during Fall 2008. B. The City Attorney will dedicate one Secretary on-site at the School Administration Building who will devote all of her time to the support of legal services to the School Board and Administration. C. The remammg attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school-related legal issues, and shall include representation in real estate matters, representation of the School Administration in personnel matters, general administrative and procedural issues, and general litigation. Attorneys assigned to handle School Board matters may hold regular weekly office hours in the School Administration Building and will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the dedicated attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the members of the School Board expresses dissatisfaction with the legal services provided by the dedicated attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. II I 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep them apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Division Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Attorney will provide the Superintendent and the School Board a quarterly report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board members. 3. Manat!ement of Let!al Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and Administration in the management of the School Board's legal matters; and that the City Attorney shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concernint! Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Abilitv to Provide Lel!al Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, che other provisions of this Agreement, and ethical constraints as they may anse. 6. Nature of Al!reement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $333,577.20 from its FY 2009 Operating Budget to the FY 2009 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Secretary. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. II I 8. Term and Termination of Aereement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2008, and ends June 30, 2009, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days ofthe date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH BY:~~e~~C~~1 School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on :Tune 1'7, ,2008. By:~~~ School Board Clerk . . . , CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: Meyera E. Oberndorf, Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on ,2008. By: City Clerk en CD L. ' U CO ~-q- L.-q- (J) - Q.Ct) OCt) 0:1 en-C (J) CO ~ 0 We::: UJ CO -- C > -- - -C ~c cnco -I I - - -- II I I ill ..... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $350,451 (Property of Sylvia J. Estes) MEETING DATE: July 8, 2008 . Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eleven (11) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (Le., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. . Considerations: The subject property consists of one (1) parcel of land having approximately 33.44 acres outside of marshland or swampland. It is owned by Sylvia J. Estes. Under current development regulations, there is a total development potential of five (5) single-family dwelling building sites, one (1) of which would be reserved for future development as a 3-acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located at 1628 Mill Landing Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $350,451. This price is the equivalent of approximately $10,480 per acre of easement acquired. .. .. .; The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.5200% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.5200% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to tho Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. . Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. . Alternatives: The City Council may decline to purchase the development rights to the property. . Recommendations: Adoption of the ordinance and acquisition of the development ri~lhts, assuming all contingencies are met. . Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office); area map showing location of propl~rty. Recommended Action: Adoption Submitting DepnrtmentlAgency: Agriculture Department .^~ City Manager: <::~ l ,Cs6 ~ ,. II I .. 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $350,451. (PROPERTY OF SYLVIA J. ESTES) 6 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary ofthe material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $350,451; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions ofthe 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 3.5200% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 5.5200% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the . . 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Coun cil further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rathl~r than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. Adoption requires an affirmative vote of a majority of all members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on this ,2008. day of CA10740 V:\applications\citylawprod\cyc :om321WpdocsID025\POO31OOO60812. DOC R-1 DATE: June 26, 2008 APPROVED AS TO CONTENT: , APPROVED AS TO LEGAL SUFFICIENCY: ~~II{JW City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: ~,Q QM~ Director of Finance 2 II I AGRICUL TURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2008-84 SUMMARY OF MATERIAL TERMS SELLER: ESTES, Sylvia J. PROPERTY LOCATION: 1628 Mill Landing Road, Princess Anne District PURCHASE PRICE: $350,451 EASEMENT AREA: 33.44 acres, more or less DEVELOPMENT POTENTIAL: 5 single-family dwelling sites (4 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.5200% (actual rate to be determined when STRIPS are purchased prior to execution ofIPA). Rate may not exceed 5.5200% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery oflP A. II I I III CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Joyce and the 25' strip of City property around Lake Joyce located at the rear of 2400 Lookout Court for Sura M. Goldner, Trustee of the Sura M. Goldner Declaration of Trust MEETING DATE: July 8, 2008 . Background: Property owner, Sura M. Goldner, Trustee of the Sura M. Goldner Declaration of Trust has requested permission to construct and maintain a bulkhead, a boat house and piers and to maintain an existing concrete boat ramp in a portion of an existing City property known as Lake Joyce and a 25' strip of City property around Lake Joyce, located at the rear of 2400 Lookout Court, in Virginia Beach, Virginia. . Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lake Joyce that have previously been approved by City Council. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15 foot wide vegetated riparian buffer area consisting of understory trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the applicant's property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The applicant has submitted a plan for establishing a 15 foot wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. Further detail is on file in Planning/\Naterfront Operations File Number VB07 -092. . Public Information: Advertisement of City Council Agenda . Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the Agreement. . Attachments: Ordinance, Agreement, Plat, Location Map, and Pictures. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public WorkslReal E;~eLl) Po/C4M4 ? ~;tr;, City M.nage'h::er--.oo )L. ~ II I 1'111 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 46 47 48 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS LAKE JOYCE AND THE 25 STRIP OF CITY PROPERTY AROUND LAKE JOYCE LOCATED AT THE REAR OF 2400 LOOKOUT COURT FOR SURA M. GOLDNER, TRUSTEE OF THE SURA M. GOLDNER DECLARATION OF TRUST WHEREAS, property owner, Sura M. Goldner, Trustee of the Sura M. Goldner Declaration of Trust, dated December 30, 1997, desires to construct and maintain a bulkhead, a boat house and piers and maintain an existing concrete boat ramp, in a portion of the Citys property known as Lake Joyce and the 25 strip of City property around Lake Joyce, located at the rear of 2400 Lookout Court, Virginia Beach, Virginia. WHEREAS, City Council is authorized pursuant t0515.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the Citys property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in 5 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, Sura M. Goldner, Trustee, and heirs, assigns and successors in title are authorized to construct and maintain a bulkhead, a boat house and piers, and maintain an existing concrete boat ramp in a portion of the Citys property known as Lake Joyce and the 25 strip of City property around Lake Joyce, as shown on the map entitled: Exhibit "It, "ENCROACHMENT FOR EROSION CONTROL AND WATERCRAFT MOORING APPLICATION BY: MARTIN GOLDNER 2400 LOOKOUT COURT VIRGINIA BEACH, VA 23455', a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Sura M. Goldner, Trustee (the ':t\greement'), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Sura M. Goldner, Trustee and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day of CA-10578 X:IOIDIREAL ESTATElEncroachmentslPW OrdinanceslCA10578 Goldner Ordinance.doc V:lapplicationslcitylawprodlcy :om32IWpdocs\D002\PO03\00058648.DOC R-1 PREPARED: 6/9/08 APPROVED AS TO CONTENTS ~tlV C. ~h-.. At) P IC WORKS, REAL ESTATE' 2 APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~E0l~ II I I III PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this j q tt day of ~ ' 2008 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and SURA M. GOLDNER, Trustee under the Sura M. Goldner Declaration of Trust, dated December 30, 1997, and HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "lot 19" as shown of the map of "Baylake Beach", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 41, at page 31, and being further designated, known, and described as 2400 lookout Court, Virginia Beach, Virginia 23455; and WHEREAS, it is proposed by the Grantee to construct and maintain a bulkhead, a boat house and piers and to maintain an existing concrete boat ramp, collectively, the "Temporary Encroachmenf, in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as lake Joyce and the 25' strip of City property around lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. GPIN: 1570-80-8558 (lake Joyce & 25' strip of City property) NOW, THEREFORE, for and in oonsideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of com.truding and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT FOR EROSION CONTROL AND WATERCRAFT MOORING APPLICATION BY: MARTIN GOLDNER 2400 LOOKOUT COURT VIRGINIA BEACH, VA 23455," prepared by Marine Engineering & Technology, LLC 811 Juniper Crescent Suite #12 Chesapeake, VA 23320, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or olrdering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Girantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 II I i ill It is further expressly understood and agreed that the Grantee shall indemnify, and hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to .enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area (the "Permif'). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning 3 when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, tl1rough the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehel1sive general liability insurance in an amount not less than $500,000.00, combined single! limits of such insurance policy or policies. The Grantee will provide endorsements providing at le~st thirty (30) days written notice to the City prior to the cancellation or tl~rmination of, or material change to, any of the insurance policies. The Grantee assumE~S all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It i~; further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the City, upon revocation of slJlch authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remClve the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the rElal property tax upon the land so occupied if it were owned by the 4 II I I I III Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that tile Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Sura M. Goldner, Trustee under the Sura M. Goldner Declaration of Trust, dated December 30, 1997, the said Grantee, has caused this Agreement to be executed by her signature pursuant to due authority. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The bregoing instrument was acknowledged before me this day of _, 2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public (SEAL) Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authol"ized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of . 2008, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She iB personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 II I I, III >>,,,,,,"UI,,,,,,,.,,._ . ;.;~ ,,~'tI.J.0"''+,~ ,~. /> ........... 'A. 'fI, ~ ~. ..~IA ....Y '" ~ "':"..\1 '" ". ~ ..., ,- ~ . ~ ,... .' Nl '. ~ ..~ ~.,\.1- CO" ~ -. ~"v' . C"oo ~ - 0 f ~\ l m i I: ~ !::z = \ \'b \.~~/~ i \\Y:t:....~./.-Mtf'''f...~lt.l -~~ '. .' ~s.." !I' '"'Il:f; .........:. v i" '... '81v ~ ~".., -~",,"""11111""'''''\''' 1 J ~ m. )!d?!JfJ1J MaJ\~~ ~ Sura M. Goldner, Trustee under the Sur~l_o J M. Goldner Declaration of Trust, dated ~ December 30, 1997 1J~ STATE OF VA CITY/COUNTY OF \1ft VirjlVJI4 , to-wit: I q f..h The foregoing instrument was acknowledged before me this U day of J U f'--L- , 2008, by Sura M. Goldner, Trustee under the Sura M. Goldner Declaration of Trust, dated December 30,1997. '1' . ( ~t,{ll,~ 4I,(J~SEAL) No ry Publ v ---0- Notary Registration Number: 0-30 -'~Vlll~{ 1~/311 I My Commission Expires: 11/ ~YI('l / q-30-i?-Oll APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~l1~& ~ C.~~ A.l) ~E PIb Rat' c~ DEPARTMENT X:\ProjecIslEnaoachmetdslAppflC8nls\Goldner. Martin and Sura Bulkhead, pier and ramp-PHA\AgreemenI Enc:roachment.doc 7 EXHIBIT A PROPOSED PIERS LAKE JOYCE '" PROPERTY Of ~ CITY Of VIRGINIA BEACH NEIGHBOR'S EXISTING BULKHEAD 2S' STRIP PROPERTY Of CITY Of VIRGINIA BEACH 4' 15' MULCHED BUffER - 37 7 SF (1D) TREES - CANOPY OR ERGREEN (10) UNDER STORY TREES - CANOPY OR EVERGREEN (19) LARGE SHRUBS (29) SMALL SHRUBS OR OODY GROUND COVER REfERENCE VDCR RIPARI N BUfFER MANUAL TABLE A t 0' - 20' 40' LOT 18 JOAN JACOBS GPIN 1570809646 MAP 41 PAGE 31 SCALE: 1" = 40' 41.S4' R=SO.OO' LOOKOUT COURT (SO R/W) LOOKOUT ROAD 200' DRIVEWAY (CONSTRUCTION ACCESS AND MATERIAL STOCKPILING) @ 2DD7 FDR MARINE ENGINERING - ALL RIGHTS RESERVED. ENCROACHMENT FOR EROSIO'l CONTROL AND WATERCRAFT IAOORING APPLICATION BY: MARTIN GOLDNER 2400 LOOKOUT COURT VIRGINIA BEACH, VA 23455 MARINE ENGINEERING & TECHNOLOGY, LLC 811 JUNIPER CRESCENT SUITE /112 CHESAPEAKE, VA 23320 PH: 757 227-4786 DATUM: NWL = 0.00' JOB NUMBER 07055 SHEET 1 OF 1 DATE: NOVEMBER 15, 2007 II I 1'111 CITY COUNCIL ACTION TRANSMITTAL FORM June 9, 2008 PART I (FOR APPROVAL/CONCURRENCE) 1. SubjectfTitle/Nl'lme: An Ordinance to authorize Temporary Encroachments into City property known as Lake Joyce and the 25' strip of City property around Lake Joyce from the adjacent property owner, Sura M. Goldner, Trustee of the Sura M. Goldner Declaration of Trust, to construct and maintain a bulkhead, a boat house and piers and maintain an existing concrete boat ramp. 2. Scheduled Council Date: July 8, 2008 3. Submitting Department/Agency: PW REAL ESTATE 4. Response Required By: D Urgent? (Explain why) (Based on Agenda Request Schedule) 5. COORDINATION/APPROVAL: Department PW Engineering, Keith Logan PW Engineering, Bill Johnson Planning, Current, Stephen White PW Beach Mgmt., Phillip J. Roehrs Planning (Water - Buffer), Clay Bernick Parks & Rec./Landscape Svcs. Eddie Barnes PW Administration, Phillip A. Davenport City Attorney's Office Date 12/18/2007 12/05/2007 12/18/2007 12/05/2007 12/18/2007 11/06/2007 tL/J,3/ J,CJ)1J ~ Receiving Departments/Agencies: Complete Action Requested (below) and return transmittal form with ' signature of approving official in this box to requesting department. This approval constitutes department/agency head approval of this issue. 6. Action Requested: (check off or fill in requested action) X Review/Approval D Ordinance/Resolution Preparation o Other (explain) 7. Agenda Issue Manager: (Name/Dept/Phone) Patrick H. Annas, PW Real Estate @ 385-4161 PART II (FOR TRANSMITTAL TO THE CITY MANAGER) Submitted By: (Department Head) FOM~ I, A".' ~ ~ Jason E. Cosby, irector Department of Public Works To: City Manager II I I i III ~iA'~~:\ r:r{'~/i~ llI1~i. ~....V, (t:i . . it:> '('':l~', ;;~.~ ~\,.-;;;;;" t:,) '.... ,.,J';'" 't;i...... ","."J ~~~~~y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $1,000,179 from the Federal Emergency Management Agency to the Fire Department's FY 2008-09 Operating Budget for Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: July 8, 2008 . Background: The Federal Emergency Management Agency, the emergency preparedness branch of the Department of Homeland Security, has continually provided funding for Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. Funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the Team at an expected level of response capability and state of readiness. The City of Virginia Beach is the sponsoring agency for V A- TF2. . Considerations: FEMA has awarded $1,000,179 to VA-TF2 for support of ongoing expenses for a sixteen month period from May 1, 2008 through August 31, 2009. The grant does not require a local match. FEMA provides annual funding at levels necessary to maintain current programs as well as funding to expand team capabilities to meet new threats at a heightened state of readiness. This annual preparedness grant continues funding for 3.25 FTEs previously approved by City Council with the adoption of the FY 2007-08 Operating Budget including 2 full-time positions (FEMA Coordinator & Administrative Assistant) and 2 part-time positions (Training Manager and Logistics Manager - Total of 1.25 FTE). These positions have been fully supported by FEMA for the last four years. Also, the grant provides funding for the continuation of the facility lease and expenses, replacement of equipment and supplies, training, formal exercise and travel expenses. The program has reached a point where this level of funding is critical to its continuity as a viable program. Both personnel and equipment resource demands have far exceeded the capacity of the sponsoring agency to cover support costs. FEMA assistance of this magnitude is necessary to maintain VA-TF2 at required performance levels. . Public Information: Public Information will be handled through the normal City Council agenda process. . Alternatives: VA-TF2 Urban Search and Rescue Team cannot continue without this federal funding. Declining the funds would eliminate this team. . Recommendations: Accept FEMA grant and appropriate $1,000,179 for management and maintenance of Virginia Task Force 2, Urban Search and Rescue Team. . Attachments: Ordinance Recommended Action: Approval ...... n.A n Submitting DepartmentlAgen~y/: Fire Department lJf~ City Manaoer:r lL , ~ 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 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS TO THE FIRE DEPARTMENT'S FY 2008-09 OPERATING BUDGET FOR CONTINUED OPERATION OF THE VIRGINIA TASK FORCE 2 URBAN SEARCH AND RESCUE TEAM WHEREAS, the Federal Emergency Management Agency (FEMA) has approved a grant of $1,000,179 for the continued operation of the Virginia Task Force 2 Urban Search and ReBcue Team. WHEREAS, the Virginia Task Force 2 Urban Search and Rescue Team cannot continue without federal funding. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Funds are hereby accepted from the Federal Emergency Management Agency in the amount of $1,000,179 with estimated revenues increased accordin!~ly. 2. Appropriations to the Fire Department's FY 2008-09 Operating Budget for the Virginia Task Force 2 Urban Search and Rescue Team are increased by $1,000,1'79. 3. 3.25 FTE (full-time equivalent) positions, including two full-time positions (FEMA Coordinator and Administrative Assistant) and two part-time positions (Training Manager and Logistics Manager, totaling 1.25 FTEs), are maintained in the Fire Department's FY 2008-09 Operating Budget; provided however that these positions are conditioned upon continuing funding for the duration of the FEMA grant. of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2008. day Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content Approved as to Legal Sufficiency , /PJ~ en Se'rvices --- City~~~ CA 10803 R-3 June 27,2008 II I I i III ~ .r$~"".I~."~~ (t; · . 1r.~' (tJ l>' \:. ~~j;} ~,~# ~~.r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Federal Revenues and to Transfer Funds to the General Fund for Previous Administrative Costs. MEETING DATE: July 8,2008 . Background: FEMA reimbursement for the Virginia Task Force 2, Urban Search and Rescue Team (VA-TF2 USAR) deployments include administrative or overhead costs that are based on a percentage of the total value of detailed expenses. The administrative cost reimbursement is intended to cover non-specified expenses incurred by the City's General Fund and the USAR to manage and process the deployment reimbursement claim. Two past USAR deployments involving the World Trade Center/Pentagon attacks and the Salt lake City Olympics crossed over annual budget periods prior to final reconcilement with FEMA and the revenue associated with the FEMA administrative cost reimbursement as well as small amounts of revenue associated with final grant reconciliation were not fully distributed at that time. Formal appropriation of this revenue totaling $46,132.52 ($9,933.04 for the World Trade Center/Pentagon and $36,199.48 for Salt lake City Olympics) is required to properly distribute these funds to the General Fund and the Emergency FEMA Fund (i.e., the fund used for Deployment Grants). Similarly, the FEMA Project Impact grant of 1999 retains $24,584 in unappropriated revenue associated with reimbursements for public disaster preparation programs and special events. These funds can be used to support a variety of disaster preparedness initiatives, such as public education, preparedness planning, and preparedness equipment. . Considerations: Full reconciliation of these accounts, including distribution of all revenue for repayment of the General Fund for previous administrative costs and the Emergency FEMA Fund for general expenses, is necessary to meet governmental accounting practices. Processes have now been put in place to ensure a more timely distribution of all reimbursement revenue. . Public Information: Public Information will be handled through the normal City Council agenda processes. . Alternatives: These funds will remain as unappropriated revenue, the General Fund cannot be reimbursed for past expenses and the deployment grants cannot be formally closed in the City's financial system without this action. . Recommendations: Appropriate remaining revenue in the Project Impact Grant ($24,584), USAR Salt lake City Deployment Grant ($36,199.48), World Trade Center/Pentagon Deployment Grant ($9,933.04). . Attachments: Ordinance Recommended Action: Approval of or~inance Submitting Department/Agency: Fire City Manager~ \(, ~ II I ,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 39 40 41 42 43 44 45 AN ORDINANCE TO APPROPRIATE FEDERAL REVENUE AND TO TRANSFER FUNDS TO THE GENERAL FUND FOR PREVIOUS ADMINISTRATIVE COSTS WHEREAS, the Federal Emergency Management Agency has previously provided $70,716.52 for grants administered by the Fire Department through the Virginia Task Force 2 Urban Search and Rescue Team (USAR) for administrative costs incurred by the City's General Fund and general costs incurred by the USAR related to the Salt Lake City Olympics and World Trade Center-Pentagon deployments, as well as disaster preparedness education, planning and equipment costs related to the 1999 Project Impact Grant, and WHEREAS, administrative cost reimbursement funds shall be transferred to the General Fund to cover past administrative expenses related to these grants. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Estimated revenues from the Federal Emergency Management Agency for administrative cost reimbursement are hereby increased by $70,716.52. 2. Appropriations to the Project Impact Grant for disaster preparedness education, planning, and equipment are increased by $24,584. 3. Appropriations to the Salt Lake City Olympics Deployment Grant for general costs and previous administrative costs are hereby increased by $36,199.48. 4. Appropriations to the World Trade Center-Pentagon Deployment Grant for previous administrative costs are hereby increased by $9,933.04. 5. That $25,772.02 is transferred from the Salt Lake City Olympics Deployment Grant to the General Fund for previous administrative costs. 6. That $10,427.46 is retained in the Salt Lake City Olympics Deployment Grant for general costs. 7. That $9,933.04 is transferred from the World Trade Center-Pentagon Deployment Grant to the General Fund for previous administrative costs. 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 members of the City Council. Approved as to Content Approved as to Legal Sufficiency ~~- nt s~rvices Cr:-~~ City Attorney's ~ CA 10806/ R-2 / June 27, 2008 II I 1'111 ,(~. ~.~. '~~.~)l. fl~t.l". '.. " "~) (.ci .. ~ ~"" \~i""""", E~} {~~\";,;-- .... . /1,; ~~" ~;:7 ~~.J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to the Police Department's FY 2008-09 Operating Budget for the Purchase of Equipment MEETING DATE: July 8, 2008 . Background: The Police Department requests the use of fund balance from the Drug Enforcement Administration (DEA) Seized Property Special Revenue Fund to purchase the following priority equipment, canines, and services that have not been funded through the operating budget. . New holsters for all sworn staff that provide consistent retention security, additional durability, and provide commonality in training ($71,000) . 4 Replacement canines to replace canines at or near the end of their service life ($24,000) . 30 Tasers for patrol and warrant squad use ($54,000), including operating and training costs for two years . Remote mobile video system ($40,000) . 20 portable radios for patrol ($66,500) . Furniture; technology, and equipment to support the recently renovated meeting room in the basement of Police Headquarters ($55,000). Funding was not available in the capital project. . Security system replacements and enhancements within Police Headquarters and other police facilities ($174,500). . Long range acoustical device ($20,000) . Replace current in-car cameras (39) with digital devices ($192,200) . Fingerprinting equipment for 2nd Precinct ($9,500) . Two Mobile Data Terminals for the Forensic Services Unit ($14,200) Total cost is $720,900. . Considerations: The DEA Seized Property Special Revenue Fund provides law enforcement agencies monetary resources to assist in accomplishing their mission. An appropriation from the fund balance of the DEA Seized Property Special Revenue Fund furthers this purpose. . Public Information: Public information would be made available through the normal Council Agenda process. . Alternatives: Funding has not been available through the operating budget to purchase this equipment and likely will not be available for the next two fiscal years. Grants are sought but not always available or approved by the funding sources. . Recommendations: It is recommended that $720,900 be appropriated from the fund balance of the DEA Seized Property Special Revenue Fund to purchase these items. . Attachments: Ordinance Recommended Action: Approval Submitting DepclrtmentlAgency: Police ~ City Manage~~ k.. :Ce.-<Vt II I It III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO APPROPRIATE FUNDS TO THE POLICE DEPARTMENT'S FY 2008-09 OPERATING BUDGET FOR THE PURCHASE OF EQUIPMENT WHEREAS, the Drug Enforcement Administration (DEA) Shared Asset Special Revenue Fund provides law enforcement agencies with monetary resources to assist in accomplishing their mission. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Estimated revenues from the DEA Seized Property Fund Balance are hereby increased by $720,900. Appropriations to the Police Department's FY 2008-09 Operating Budget for the purchase of priority equipment and canines are increased by $720,900. 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 Ci~{~?~ CA 10805 R-2 June 27,2008 II I I III ~.~ ~~. ~17S.~', f€ 1~~ \:, ~~:;J .., ;,J l:"",,'\I... #"'-..,. ~~~o:;..i~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds and to Transfer Funds to the Department of Public Works' FY 2008-09 Operating Budget in the Grants Consolidated Fund for Water Quality Improvements MEETING DATE: July 8, 2008 . Background: Virginia Beach has been awarded $133,932 in competitive State grant funds to undertake a series of water quality enhancement projects, to undertake a project in partnership with Virginia Wesleyan College, and to continue community conservation partnerships with two community watershed organizations in the City. These enhancement projects are located in the City's Back Bay, Elizabeth River, Little Creek, Lynnhaven River, and North Landing River watersheds. The projects are intended to reduce excessive nitrogen and phosphorus concentrations in runoff to these receiving watersheds, as well as reduce fecal coliform bacterial contamination in the watersheds, thereby helping the City to meet multiple requirements, including various Total Maximum Daily Load (TMDL) standards, the Chesapeake Bay 2000 Agreement, the Lower James Tributary Strategy, the SWAMP Special Area Management Plan goals and objectives, various water quality regulatory programs (such as Chesapeake Bay Preservation Act, Erosion and Sediment Control, and Stormwater Management), and general water quality initiatives. The grant funds require a cash match of $133,932 to support this series of projects, bringing the total funding to $267,864. Matching funds are being provided through the following sources: . . $61,432 in CIP #7-183, Storm Water Quality Enhancements . $12,500 in CIP #4-018, Greenways and Scenic Waterways - Phase II . $60,000 from Virginia Wesleyan College Utilization of these funds as proposed will help enhance water quality and showcase various protection efforts in many of the City's watersheds, and also provide an educational opportunity for citizens to observe or become involved in the implementation of various demonstration projects with community watershed organizations in partnership with the City. . Considerations: The projects provide an opportunity for enhancing recommendations outlined in the City's Comprehensive Plan Natural Resources Plan concerning many of the City's watersheds. These projects will also afford citizens hands-on stewardship opportunities and assist the City in meeting various federal and State water quality mandates. . Recommendations: It is recommended that City Council adopt the attached ordinance to accept and appropriate $133,932 from the Virginia Department of Conservation and Recreation and $60,000 from Virginia Wesleyan College and to Virginia Department of Conservation & Recreation Grant Page 2 of 2 transfer $61 ,4~12 from CIP #7-183, Storm Water Quality Enhancements, and $12,500 from CIP #4-0'18, Greenways and Scenic Waterways - Phase II, to the Department of Public Works' Operating Budget, Grants Consolidated Fund. Total grant funding is $267,864. . Attachments: Ordinance Letter from Virg inia Wesleyan College Grant Agreement Recommended Action: Approve Ordinance ~ Submitting DejpartmentJAgency: Public Works Departmen/ t. C!{- /2e> City Manage,(~ k >~~ II I 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 39 40 41 42 43 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS AND TO TRANSFER FUNDS TO THE DEPARTMENT OF PUBLIC WORKS' FY 2008-09 OPERATING BUDGET IN THE GRANTS CONSOLIDATED FUND FOR WATER QUALITY IMPROVEMENTS WHEREAS, the Virginia Department of Conservation and Recreation (D.C.R.) has provided a $133,932 grant to the City of Virginia Beach for water quality improvements, and WHEREAS, the D.C.R. grant requires a match, and ofthe required match $60,000 is being provided by Virginia Wesleyan College, $61,432 is provided by CIP #7-183 Storm Water Quality Enhancements, and $12,500 is provided by CIP #4-018, Greenways and Scenic Waterways - Phase II, and WHEREAS, after the required match, the total grant funding is $267,864. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Grant funds in the amount of $133,932 from the Virginia Department of Conservation and Recreation for water quality improvements are hereby accepted and estimated revenues increased accordingly. 2. $133,932 is appropriated to the Department of Public Works' FY 2008-09 Operating Budget, Grants Consolidated Fund. 3. Funds in the amount of $60,000 from Virginia Wesleyan College for water quality improvements are hereby accepted and estimated revenues are increased accordingly. 4. $60,000 is appropriated to the Department of Public Works' FY 2008-09 Operating Budget, Grants Consolidated Fund. 5. That $61 ,432 is transferred from CIP #7-183, Storm Water Quality Enhancements to the Department of Public Works' FY 2008-09 Operating Budget, Grants Consolidated Fund. 6. That $12,500 is transferred from CIP #4-018, Greenways and Scenic Waterways - Phase II to the Department of Public Works' FY 2008-09 Operating Budget, Grants Consolidated Fund. 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: Cityc;t~~ctm~ ~ CA 10807 R-2 June 27, 2008 II I , i ,Ii I III ~,~ WESLEYAN COLLEGE ( )/(.-, OJ 1.\ rll.'....!,'I! May 6, 2008 Mr. H. Clayton Remick, III Administrator. Department of Pl~lI111ing City of Virginia Reach Environmental Management Center Building 2, Room 115 2405 Courthouse Drive Virginia Beach, V A 23456-9040 Dear Mr. Bernick: On behalf of Virginia Wesleyan College, I am pleased to extend our enthusiasm for partnering with the City of Virginia Beach on the Water Quality Improvement Fund (WQIF) grant from the Commonwealth's Department of Conservation and Recreation (OCR). It is our understanding that the City will direct $60,000 from the grant for the College' s project in the Chesapeake Bay watershed. The funding provided through this partnership will support the conversion of an existing dry BMP into two larger wet BMPs. Each will have an aquatic bench and sediment tore bay, which will provide a more effective fiItration and envirorunental solution. Pollutant removal calculations place these wet ponds at 65%. The conversion of the BMP will benefit the campus as well as surrounding neighborhoods that drain onto our campus and reduce the impact of stormwater runoff on Lake Taylor. The conversion of the dry AMP to two wet BMPs will take place as part of site work tor significant construction in the College's athletic complex. Virginia Wesleyan is prepared to move ahead with construction of the BMP immediately upon receiving confirmation from the City of Viq~inia Beach that the grant agreement has been finalized with OCR. The College has matching funds of morc than $60,000 in place tor the BMP project. 1 have attaciled copies of drawings from our civil engineers and landscape architect for these new BMPs. We look forward to partnering with the City of Virginia Beach to improve the watersheds in our City and the Chesapeake Bay. Please feel free to contact SuzalIDe Savage at 757-233- 8736 if Vie may provide any additional intormation. Cordially, ~~ 1.;,"-1 \\ 'l",lt-.. :11; I ),.j II' '.... ~r.-f ;'1- \!: ':1',1.~ . \~-: l-) :', _,I)': -I ~ J ", . I I t _. ~ - ; .1-,-) ... 'II' Granl Agreement # 2007- WQIF-32 COMMONWEALTH OF VIRGINIA Department of Conservation and Recreation Grant Agreement Water Quality Improvement Fund 2007-WQIF-32 This Grant Agreement (hereinafter referenced as "Agreement") is made, by and between the Commonwealth of Virginia, Department of Conservation and Recreation, hereinafter called "DCR," and City of Virginia Beach, hereinafter called the "Grantee." Pursuant to the Virginia Water Quality Improvement Act of 1997, the Virginia General Assembly cr~ated the Water Quality Improvement Fund to provide funding for point and nonpoint source water quality improvements throughout the Commonwealth. This Agreement is a sub-grant award, from DCR to the Grantee, of said state grant funds. The parties to this Agreement, inconsideration of the mutual covenants and stipulations set out herein, agree as follows: (I) GENERAL PROVISIONS: Grantee shall carry out the project as set forth in the Agreement documents. The Agreement documents shall consist of this signed Grant Agreement and: (1) Attachment A - Scope of Work (2) Attachment B - Project Financial Report Fonn (3) Attachment C - Milestone Table (4) Attachment 0 - NPS Pollution Tracking Data Form for BMPs (5) Attachment E - Commonwealth of Virginia, Terms and Conditions Nothing in this Agreement shall be construed as authority for either party to make commitments that will bind the other party beyond the Scope of Service, contained herein. Furthermore, the Grantee shall not assign, sublet or subcontract any work related to this Agreement, or any interest it may have herein, to any parties not approved by DCR, as noted in these Agreement documents_ The details and schedule of service set forth in the Scope of Work and Milestone Table are deemed to have been consensual upon the execution ofthis Agreement. (2) TIME OF PERFORMANCE: Upon signature by the Grantee and the director ofDCR, the services of the Grantee shall be for the period from, October 1. 2007 through December 31 , 2009, unless othenvise altered through provisions of this Agreement or extended by written authorization of OCR. All time limits stated are essential to this Agreement. Every effort must be made to complete the work on time. All project expenses and match funds must be completed during the time cfperformance. (3) COMPENSATION: The total grant award from OCR is $ 133.932. DCR shall release the grant award to the Grantee on a cost-reimbursement basis upon receipt and approval of the Grantee's quarterly reports, as required by this Agreement, or at other times agreed to by DCR. OCR is under no Jbligation to reimburse work performed prior to the commencement or after the expiration of the contracted time of performance. OCR reserves the right to withhold a minimum of 15% of the Grantee' s total grant allocation until the final grant report and all services, reports and deliverables are received and approved by DCR. Acceptance of work completed under this Agreement shall be decided at the sole discretion ofDCR and shall be final. Grant Agreement FOImal Revised Sept 2006 Page I II I Grant Agreement II 2007-WQIF-F The Grantee shall spend the funds according to the specified categories of the Agreement budget. Minor shi fts of the funds among categories by the Grantee, not to exceed 10% of any budget line item are pemlissible. Shifts in funds exceeding lO% of budget line items must be approved in writing by DCR. Any cost overruns incuned by the Grantee during the time of perfonnance shall be the responsibility of the Grantee. (4) MATCHING FUNDS: If this Agreement is contingent upon cash and in-kind contributions by the Grantee to the project, the required amount of matching funds will be indicated on the Project Financial Report Form, Attachment B, of these agreement documents, Matching contributions, if applicable, must reflect expenses directly related to the implementation of this project and incurred only during the time of performance listed in this Agreement. The decision ofDeR with respect to approval of matching funds shall be final. Matching funds must be tracked and reported to DCR in the quarterly and final reports described below, both in narrative summary and on Attachment B. (5) SCOPE OF SERVICE: The Grantee shall provide the services to DCR set forth in the Agreement documents and, specifically, as defined in the Scope of Work. All deliverables shall conform to accepted standards and practices. The Grantee shall provide DCR with quarterly reports and a final report, in narrative and financial report form, detailing the progress of work set forth in the Agreement documents. Incomplete or inaccurate reports may result in reimbursement delays. These reports shall be certified by an authorized agent of the Grantee as being true and accurate to the best of the Grantee's knowledge, as indicated by their signature on Attachment B. Each quarterly report, due on the 15th ofthe following month, shall contain the following: (l) A narrative - Describe the progress in fulfilling the Scope of Work and activities for each deliverable listed in the Milestone Table. Provide both accomplishments and challenges, and a financial narrative with itemized details of expenditures. (2) An updated Project Financial Report Form (Attachment B) - On Attachment B, summarize expenses incurred in the columns under "OCR Funds" and Grantee contributions under "Match Funds." This form also serves as the reimbursement request, or invoice, for the Grantee, therefore, only copies with the original authorized signature will be accepted by DCR. (3) An updated Milestone Table (Attachment C) - Enter "Actual Completion Date" for specific tasks on the table and provide relevant notes. (4) NPS Pollution Tracking Data Form for BMPs (Attachment D) - Enter data for best management practices installed and completed, if applicable. The filial report, due 45 days after the Agreement terminates, shall summarize all major project accomplishments and challenges, as well as expenditures and matching contributions during the period after the project began through the termination date. Photographs taken before, during and after project implementation should be included in the final report. The final reimbursement request must be submitted with the final report. (6 ) ASSISTANCE: OCR agrees, upon request of the Grantee, to furnish, or otherwise make available to the Grantee, copies of existing non-proprietary materials in the possession of OCR that are reasonably associated with this project. This includes materials that are necessary to the Grantee for completion of its performance under this agreement. Granl Agreemel1l Fomlal Revised Sepl. 2006 Page 2 Grant Agreell1enl # 2007-WQIF-J2 (7) FINANCIAL RECORDS A V AILABILITY: The Grantee agrees to retain all books, records and other documents relative to this agreement for five years after final payment. DCR, its authorized agents, and/or state auditors shall have full access to, and the righuo examine any of, said materials during said period. (8) CREATION OF INTELLECTUAL PROPERTY: All intellectual property including copyrightable material created pursuant to this contract shall be considered work made for hire and shall belong exclusively to the Commonwealth of Virginia. Neither party intends any copyrightable' material created pursuant to this contract, together with any other copyrightable material with which it may be combined or used, to be a "joint work" under the copyright laws. If any copyrightable material created pursuant to this contract cannot be deemed work made for hire or is deemed part of a joint work, the Grantee does hereby irrevocably assign its entire copyright interest in such material or work to the Commonwealth of Virginia and shall execute and deliver such further documents as the Commonwealth may reasonably request for the purpose of acknowledging or implementing such assignment. DCR hereby grants to the Grantee a license to use the materi :lIs, so owned, for public, not-for-profit purpose within the territory of the CommonweaLh. A copyright notice shall be placed in an appropriate location on any copyrightable material being distributed or published. Such notice shall include (1) either the symbol "to", the word "Copyright" or the abbreviation "Copr." (2) the year of first publication, and (3) the name ofthe copyright owner (the Commonwealth of Virginia), This information shall be followed by the words, "all rigtlts reserved." (9) DOCUMENTS: The Grantee may retain any reports, studies, photographs, negatives or other documents prepared in the performance of their obligations under this Agreement and not required to be delivered to OCR. DCR shall have certain rights to use any such materials as specified above. Where necessary for DCR' s enjoyment of its rights and other rights referenced in this Agreement, the Grantee shall provide a clear, reproducible copy of such materials (machine readable upon request, if readily available to the Grantee in such form) to DCR. (10) TERMINA nON AND BREACH: Either party may terminate this agreement upon thirty days written notice to the other party. DCR may terminate this Agreement for any reason necessary to support its current policy and financial status, including the need to redirect funds to another program. It is understood and agreed between the parties, herein, that DCR shall be bound, hereunder, only to the extent of the funds available or which may hereafter become available for the purpose of this Agreement. In the event of breach by the Grantee of this Agreement, DCR shall provide written notice to the Grantee specifying the manner in which the Agreement has been breached. If a notice of breach is given and the Grantee has not substantially corrected the breach within 60 days of receipt of the written notice, DCR shall have the right to terminate the Agreement. The grantee shall not be paid for services rendered nor expenses incurred after receipt of the notice of termination, except sllch fees and expenses incurred prior to the effective date of termination as are necessary for curtailment of its work under this Agreement. Grant Agreement Formal RI'vlsed Sept. 2006 Page J II I liranl Agrecl11c\1\ ~ 2(K)7 .WI)II-'; \2 (11) QUALITY ASSURANCE/QUALITY CONTROL PROJECT PLANS: Within 60 days of the effective date of this Agreement and ifrequired in Attachment A of this Agreement, the Grantee will submit to DCR, for review and approval, a Quality Assurance/Quality Control Project Plan. No water quality monitoring activities shall be initiated until the Quality Assurance/Quality Control Project Plan has been approved by DCR. The Grantee shall implement the approved Quality Assurance/Quality Control Project Plan in performing environmental monitoring activities. (12) REPORTING AND TRACKING INFORMATION MANAGEMENT SYSTEMS: In accepting these funds, the Grantee agrees to the sharing of all deliverables and related information through state and/or federal channels (including Internet use) and, wherever possible, to provide DCR with deliverables in a fonnat that can be made available to the public. (13) OPERATION AND MAINTENANCE: Before the end of the first quarterly reporting period or other date as agreed to by DCR, the Grantee will submit to DCR, for review and approval, an Operation and Maintenance Plan for BMPs and other on-the-ground implementation aspects of this project. The Grantee will operate and maintain the project, or secure the operation and maintenance of the project through landowner agreements, in a manner consistent with the plan as approved by DCR. Adherence to Cost-Share Guidelines and BMP specifications is considered an adequate Operation and Maintenance Plan. In the event that the Grantee fails to comply with the operation and maintenance requirements, DCR shall give written notice specifying the failure to comply and shall give the Grantee the time to correct such failure as provided for herein with respect to a breach of this Agreement. (14) ENFORCEMENT: For nonpoint source Best Management Practice installations funded through this Agreement, within ninety (90) days of receipt of written demand from DCR, the Grantee shall repay an amount, on a straight line pro-rated basis, of the WQIA funds used for the installation, for noncompliance with Section ( 13) OPERATION AND MAINTENANCE, unless the Grantee asserts a defense afforded it under this Agreement. Enforcement action for BMPs funded through the Cost-Share Program will be in accordance to the Cost-Share Guidelines, Within sixty (60) days of receipt of written demand from OCR, the Grantee shall pay a stipulated penalty in the amount of $1,000 or 15%, whichever is greater, ofthe total award for any of the conditions as set forth in this Agreement, including failure to meet the final deadline or noncompliance with the Scope of Services, Attachment A, unless the Grantee asserts a defense afforded it under this Agreement. Repayments and stipulated penalties will be paid into the State Treasury and credited to the Fund. The Grantee's right to collect repayments and stipulated penalties does not affect in any way OCR's right to secure specific performance of the Agreement using such other legal remedies as may otherwise be available. (15) INTEGRATION AND MODIFICA nON: The Virginia Water Quality Improvement Fund (WQIF) Guidelines; and the WQIF Request for Proposals (RFP), Application Form with supporting documents as agreed to by the Grantee and DCR are hereby incorporated into this grant agreement by reference. To the extent there are inconsistencies between the grant agreement and the Application Form and its supporting documents, this agreement and its Attachment A shall control. This agreement constitutes the entire Agreement between OCR and Grant Agreemenr Formal Revised Sept 2006 Page 4 Grant Agreement # 2007-WQIF-32 the Grantee. No alteration, amendment, or modifications in the provisions of this Agreement shall be effective unless it is reduced to writing and agreed to by the parties and attached hereto. ( 16) ACKNOWLEDGMENTS: The role of DCR must be clearly stated in all press releases, news articles" requests for proposals, bid solicitations and other documents describing this project, whether funded in whole or in part. Acknowledgment of financial assistance, with the OCR logo, must be printed on the cover of all reports, studies, web sites, map products or other products supported by this award or any sub-award. The grantee is responsible for contacting OCR staff in adequate time to obtain the logo in camera-ready or digital form. Prior to production, DCR project management staff must approve the final draft. The acknowledgment should read: This p,"oject receivedfundingfrom the Virginia Water Quality Improvement Fund provided by the Departme'}t of Cons en/at ion and Recreation (DCR), via grant number 2007-WOIF-32. (17) DISCLAIMER: For reports or papers produced for public distribution (including the final product), the fi>llowing sentence must be added to the end of the above credit; The views expressed herein are those of the author(s) and do not necessarily reflect the views of DeR. IN WITNESS THEREOF the parties have caused the Agreement to be executed by the following duly authorized officials: Grantee: City of Virginia Beach Grantor: Virginia Department of Conservation and Recreation By: Title: Date: Date: /.2,/5-D7 By: I ~-' If/V 7 Title' Date: Grant Agreement Format Revised Sept. 2006 Page 5 II I , J , III Attachment A Scope of Work 2007-WQIF-32 City of Virginia Beach Water Quality Coordination & Program Enhancement Project DCR AWARD CONDITIONS/MODIFICATIONS: This project is a continuation of a 2006 WQlF grant award (WQIA-2006-11) for cooperative nonpoint source programs with local governments. This 2007 grant allows the City of Virginia Beach to continue the 2006 programs providing for additional BOllpoint source implementation projects to be completed. The 2007 award of $ I 33,932 is at a reduced amount from the $170,000 requested in the original proposal submitted to OCR. The City of Virginia Beach grant award of $133,932 is based on allocations from the available funding for the Southern Rivers Watersheds ($73,932) and the Chesapeake Bay Watershed ($60,000). These allocations are flexible only to the extent that the City of Virginia Beach spends at least $73,932 of this grant award in the Southern Rivers Watersheds. No more than $60,000 may be spend in the City of Virginia Beach's Chesapeake Bay Watershed due OCR's overall WQlF program requirement that at least 40% of total project funding be allocated to the Southern Rivers Watersheds. The City is required to provide 50/50 match for this grant award. This match can be provided from projects in the Chesapeake Bay Watershed and/or the Southern Rivers Watersheds and is not restricted to matching the specific OCR watershed allocations mentioned above. PROPOSAL NARRATIVE PROJECT ABSTRACT V irginia Beach proposes the second year of an ongoing capacity building program for urban nutrient, sediment, and bacteria control and remediation to meet multiple requirements, including various Total Maximum Daily Load (TMDL) standards, the Chesapeake Bay 2000 Agreement, the Lower James Tributary Strategy, the SWAMP Special Area Management goals and objectives, various water quality regulatory programs (CBP A, E&S, and Stormwater Management) and general water quality initiatives, Currently, water quality-related responsibilities of Virginia Beach are fragmented between the City's Planning, Parks & Recreation, Public Utilities, Public Works, Agriculture, Fire, and Housing and Neighborhood Preservation Departments, with additional responsibilities held by the Chesapeake Bay Preservation Area Board, the Wetlands Board, the Clean Community Commission, Virginia Beach Master Gardeners, the Virginia Dare Soil and Water Conservation District, and the Environmental Crimes Task Force. It is proposed that this fragmentation be alleviated by building capacity within the City through the work associated with the various projects included in this grant application. When coupled with the work proposed and approved for funding in the 2006 WQIF Grant award, this new grant will allow the City to continue its existing programs and projects during and beyond the grant term in a more comprehensive, coordinated, and cost efficient marmer. PROPOSAL Virginia Beach is the largest City in population in the Commonwealth with a correspondingly large geographic area, and in response to demand and identification of priorities at various times, has over time evolved a sharply compartmentalized / fragmented structure to manage water quality efforts. As a result, issues that cut across departmental boundaries are often unintended victims of missed opportunities and resource allocation problems. Localities with smaller populations and geographic area typically do not share these traits. This problem has become more apparent with the City's recent focus on Lynnhaven River watershed restoration, and emerging focus on Back Bay watershed restoration, as well. The City established and is begirming implementation through the efforts of a multidepartmental Clean Waters Task Force the development of a coherent strategy for these watersheds, and for coordinating City resources in a more cost efficient marmer. While progress at the Task Force level is demonstrably being made, the 2006 WQlF Grant award has significantly increased momentum for a more integrated approach, and is demonstrating that creating and maintaining increased capacity for water quality coordination is essential to achieving emerging goals and objectives for these two watersheds. The proposed 2007 WQIF Grant package of projects will serve to intensify these etfort~, and help to solidify a more comprehensive, coordinated, and cost efficient approach to achieving water quality objectives. The City's approach in the proposed grant is to array a series of demonstration projects to achieve multiple outcomes. First and foremost. each of the proposed projects is intended to either directly help achieve water quality improvement through demonstrable reductions in nutrients, sediment and pathogens, with a principal focus on waters where TMOLs have been established. Each of the projects is also intended to include an education and/or stewardship component to reach its target audience with a better grasp of intended water quality benefits and how individuals or groups can also undertake or continue similar efforts on their property. Another principal objective of the projects is to continue and expand efforts for coordination capacity building as the projects are undertaken in an interdepartmental .manner, with new partnerships being forged with both City and other community groups. PROJECT NEED; OBJECTIVES; OVERALL CONTENT; METHODOLOGY & TIMELINE; NPS RESULTS, NPS REDllCTIONS, OR ENVIRONMENT AL RESULTS; AND PARTNER JUSTIFICATION Specific infOlmation for each of the proposed projects is as follows: Boater Educatio1l & Pump Out The City will partner with the Hampton Roads Sanitation District to transmit educational materials and remove high strength sewage from vessels within the Rudee Inlet/Owl's Creek watershed of the City of Virginia Beach. This area has been targeted for a fecal coliform TMDL and will be subject to development of a TMDL Implementation Plan. This program is free to boaters. This is an expansion of an existing project funded under the FY 2006 WQIF Grant. Quantified benefits are: · 750 gallons of high strength sewage removed from these water bodies · 2.13 x 10\3 bacteria removed (fecal coJifonn & e.coli) · 8.8 x 106mg of oxygen demanding substances removed (BOD) · 150 to 200 persons will be educated re: the environmental benefits of the. project · Annual reduction of IO pounds of Nitrogen · Annual reduction of 0.6 pounds of Phosphorus The partner for this project, Hampton Roads Sanitation District (HRSD), has been involved in this since its inception. HRSD will conduct face to face educational opportunities, collect and properly treat and dispose of the sewage collected. Redwing Golf Course Audubo1l and Nutrient Management This project will entail nutrient management and initiating Audubon Certification for City-owned Redwing Golf Course. This project is in the Ba:k Bay watershed. It will be used to determine the prototype of similar projects for the future. This is a new project and will be undertaken in partnership by the City, the Back Bay Restoration Foundation community watershed organization, ;md other conununity organizations. Unquantified sediment and bacterial reductions will be achieved with this project. Nutrient reductions will be achieved by this project. The benefit! of this project are: · Annual reduction of70 pounds of Nitrogen · Annual reduction of 10 pounds of Phosphorus Buffers - Ripariall Buffa Planlillgs This project will entail the installation of riparian buffers on City-owned park and school lands, and will allow for buffering of a total of approximately 1 mile of shoreline (average cost of $300 per 100 linear feet of shoreline, based on previous riparian buffer projects). The project is in the Back Bay, North Landing River, and Rudee Inlet/Owl's Creek watersheds of the City of Virginia Bean This is an expansion of an existing project funded under the FY 2006 WQIF Grant, and will be undertaken in partnership by the City, Public Schools, Back Bay Restoration Foundation community watershed organization, the Rudee Inlet Owls Creek Partnership conununity watershed organization, and other conununity organizations. {lnquantified sediment and bacterial reductions will be achieved with this project. Nutrient reductions will be achieved by this project. The benefits I)f this project are: · Annual reduction of 42 pounds of Nitrogen · Annual reduction of 3 pounds of Phosphorus " II I II III VA Wesleyall College COllversioll of Dry POlld to Wet POlld This project will entail construction of stormwater quality improvements in addition to those improvements already required by regulations yielding increased water quality runoff. This includes treatment of public stormwater from the southeast of the College. This is in the Elizabeth River watershed and will be managed and funded by Virginia Wesleyan College in partnership with the City. This is a new project, and will be undertaken in partnership by Virginia Wesleyan College with the City and other community organizations. Unquantified sediment and bacterial reductions will be achieved with this project. Nutrient reductions will be achieved by this project. The benefits of this project are: . Annual reduction of 44 pounds of Phosphorus Creeds ElementalY Outdoor Classroom This is a new project for construction of an environmental education outdoor classroom and demonstration rain garden and native planting demonstration and identification area. This project is in the Back Bay watershed and will be managed by the City in liaison with Public Schools and the Virginia Dare Soil and Water Conservation District, the Back Bay Restoration Foundation, and other school community organizations. Virginia Dare Soil and Water Conservation District has been instrumental in the development of this project. Unquantified nutrient and sediment reductions will be achieved with this project. Quantified benefits are: · Year-rOlmd environmental education of hundreds of public school students, faculty, and parents, annually. Mil/dam Creek Trail Water Quality Education Kiosk This is a new project for construction of a water quality education kiosk at the Nature Conservancy Boardwalk and Trail on Milldam Creek, identified as a Virginia Beach Coastal Area Bacterial TMDL watershed. This project is in the North Landing River watershed and will be managed by the City in liaison with The Nature Conservancy and the Virginia Dare Soil and Water Conservation District and other community organizations, Virginia Dare Soil and Water Conservation District has been instrumental in the development of this project. Unquantified nutrient and sediment reductions will be achieved with this project. Quantified benefits are: Year-round environmental educations of hundreds of trail visitors, City residents, and visitors, annually. Virginia Aquarium Storm water Drop btlet Retrofit This is a new project for construction of a replacement stormwater drop inlet adjoining the parking lots at the Virginia Aquarium which currently direct discharge to the Rudee Inlet/Owl's Creek watershed. This watershed has been targeted for a fecal coliform TMDL and will be subject to development of.a TMDL Implementation Plan. The retrofit will involve the replacement of the existing drop inlet with a proprietary stormwater drop inlet marketed as Bacterra. An information sign will be installed adjoining the retrofit to explain how the system works and how it helps to improve water quality. Unqualltified sediment reductions will be achieved with this project. Quantified benefits are: · Annual reduction of 0.32 pounds of Phosphorus Annual reduction of 1.2 pounds of Nitrogen · .0023 x 1013 bacteria removed (fecal coliform & e.coli) City Police Mounted Patrol Facility Large Acreage Horse Grazing System This project is intended to help reduce soil erosion in pastures and to prevent those areas exposed to heavy livestock traffic from experiencing excessive manure and soil losses due to the destruction of ground cover, and eliminate direct acce!,s to, or a direct runoff input of manure and sediment to West Neck Creek, a tributary to the North Landing River watershed. This subwatershed is identified as part of the Virginia Beach Coastal Area Bacterial TMDL watershed and is currently subject to development of a fecal bacteria TMDL Implementation Plan. This requested funding is for the design and construction of the large acreage horse grazing system. The project will be managed by rhe City's Agriculture and Public Works Departments in liaison with the Virginia Dare Soil and Water Conservation District. Virginia Dare Soil and Water Conservation District has been instrumental in the development of this project. Unquantified sediment, nutrient and bacterial reductions will be achieved with this project. The proposed projects are to be undertaken with funding amounts equally applicable for requested State funds and City matching funds or Virginia Wesleyan College funds. Volunteer hours for labor for riparian buffer projects, the outdoor classroom project, and water quality kiosk would provide additional match, but have not been calculated. Cost estimates were developed based upon actual City costs for similar projects, and also utilizing the James River Final TributGl}' Smllegles Implemenfiltlon Plan, City staff fi-om the departments noted above, with a combined level of expertise exceeding 100 years of local experience in water quality efforts, ,;oupled with dedicated financial matching funds through the City's Stormwater Management Utility to provide matching funds for requested grant support, demonstrate conunitment to initiate and follow through on the requested grant program. Identified City matching funds are programmed into the Capital Improvement Program. Likewise, Virginia Wesleyan College ah!', indicated its commitment to funding for the dry pond to wet pond conversion project (see attached letter of support). Other potential sources of additional supplemental matching funds and in-kind support are from the City's Operating Budget, oth~r grants, and private organizations, A map of the City showing the impaired waters according to the Department of Environmental Quality was provided with the original project proposal. The State Water Control Board has approved a shellfish TMDL for fecal coliforms for most of the Lynnhaven Watershed. This TMDL Implementation Plan has also been approved by the State Water Control Board. The State Water Control Board has approved another TMDL for fecal coliforms for the upper reaches of the Lynnhaven Watershed and waters in the Southern Rivers portion of the City, and development of the TMDL Implementation Plan is underway. Further TTV DL 's are pending. Education and Outreac1 to be undertaken with the overall project will include the public education programs noted above, as well as presentations to the Virginia Lakes and Watershed Association, Virginia Section of the American Society of Civil Engineers, the Virginia Chapter of the American Planning Association, and similar organizations. Similarly, the City intends to publicize the grant projects on its website. II I I III /BUDGET NARRAfivE,'i,... . - . ~..; ';" \ .. .~ . . .. .. , ',. ':;'t>:pi.' 'OJ'' . . ;. ,'~. . . , ' ,:. : ,.~ . >..' ~,:~~~~t:~~~~<:.; : ..". . ','" "~L. " . < . ~.' . BUDGET CATEGORIES & ITEMIZED DESCRIPTION WQIF Grant "';"';,:~ ", .':.:;:.. Match Funds ., : ' I PERSONNEL FRINGE BENEFiTS ~ Personnel Subtotal? $ 0 $0 Fringe Subtotal? $ 0 $0 TRA VEL Travel Subtotal? $ 0 $0 EQUIPMENT Equipment Subtotal? $ 932 $ 932 - SIGNAGE FOR RIPARIAN BUFFERS, OUTDOOR CLASSROOM; $ 932 $ 932 WATER QUALITY EDUCATION KIOSK. DROP INLET RETROFIT SUPPLIES Supplies Subtotal ? $ 4,000 $ 4,000 - PLANTS & MULCH FOR RIPARIAN BUFFERS, PLANTS & $ 4,000 $ 4,000 MULCH FOR OUTDOOR CLASSROOM CONTRACTUAL Contractual Subtotal? $ 35,000 $ 35,000 - OPERATIONS FOR BOAT PUMP OUT, APPLICATION & DESIGN FOR GOLF COURSE NUTRIENT MANAGEMENT, DESIGN FOR DRY POND TO WET POND CONVERSION, DESIGN & $ 35,000 $ 35tOOO MONITORING FOR DROP INLET RETROFIT, DESIGN FOR HORSE GRAZING SYSTEM CONSTRUCTION Construction Subtotal? $ 94,000 $ 94,000 - GOLF COURSE NUTRIENT MANAGEMENT $ 12,500 $ 12,500 - DRY POND TO WET POND CONVERSION $ 54,000 $ 54,000 - DROP INLET RETROFIT $ 15,000 $ 15,000 - HORSE GRAZING SYSTEM $ 12t500 $ 12,500 OTHER DIRECT Other Direct Subtotal? $0 $0 INDIRECT Indirect Subtotal? Not allowed $0 Not allowed TOTAL COSTS $ 133,932 $ 133,932 NPS RESUL'.'~S:"':'.d".~N,P,2'SPO'>,.'liL.'" 'U".',"r.",';:a;.g>.-"N. ':~,.l.'j'E~~',~.-,'.lff~",~~8,<a:,'~.';"E;S""'T"o'I"M' ~:sA"JT' :'E"S:"\~"k'\< '.~!!,,'. ",}'." :i{';{ .~~ :. ~ ~_ . '."_ "' ;.,1;, ,j;~' '~'~~~~":~U':~'." ", . _ ,.;, ~->.< ~''::','~ (Specify and describe the type of BMPs to be installed, repaired, replaced, retrofitted or otherwise modified.) BMP(s) Name and Work Description Estimate Size or Quantity of BMP(s): Drainage Area: (If applicable) Estimated annual NPS reductions: (If possible) BOAT PUMP OUT - N/A GOLF COURSE NUTRIENT MANAGEMENT - N/A BUFFERS - RIPARIAN BUFFER PLANTINGS DRY POND TO WET POND CONVERSION OUTDOOR CLASSROOM - N/ A WATER QUALITY EDUCATION KIOSK - N/A DROP INLET RETROFIT HORSE GRAZING SYSTEM (Specify targeted number of acres, linear feet, number of units or other appropriate unit for BMPs to be implemented.) BOAT PUMP OUT - N/A GOLF COURSE NUTRIENT MANAGEMENT - N/ A BUFFERS - RIPARIAN BUFFER PLANTINGS - 4.2 AC. DRY POND TO WET POND CONVERSION - 45,500 CU.FT. OUTDOOR CLASSROOM - N/ A WATER QUALITY EDUCATION KIOSK - N/A DROP INLET RETROFIT - 0.16 AC. HORSE GRAZING SYSTEM - 17.0 AC. (Estimate drainage area, such as acres to be treated by BMP(s) and including % acres or % of area to be treated that is pervious vs. impervious.) BOAT PUMP OUT - 2,549 AC.; 30% IMPERVIOUS GOLF COURSE NUTRIENT MANAGEMENT - 292 AC.; 5% IMPERVIOUS BUFFERS - RIPARIAN BUFFER PLANTINGS - 4.2 AC.; 0% IMPERVIOUS DRY POND TO WET POND CONVERSION - 17.4 AC; 38% IMPERVIOUS OUTDOOR CLASSROOM - N/ A WATER QUALITY EDUCATION KIOSK - N/A DROP INLET RETROFIT - 0.16 AC.; 100% IMPERVIOUS HORSE GRAZING SYSTEM - 17.0 AC.; 10% IMPERVIOUS k Sediment 123.2 Nitrogen 57.92 Phosphorus un no (Ib ) (Ibs) (Ibs) wn - (to~S) 2.1323 x 1013 + bacteria (fecal list other Pollutant(s) and coliform & e. coli); 8.8 x 106 + mg reductions (e.g. Pathogens). oxygen demanding substances (BOD) II I I Describe basis or source for NPS reduction estimates: Other NPS Results information: (e.g. SWM engineering calculation, Bay Model efficiencies, TMOL studies and implementation plans, National Small Flows standards for septic, scientific study results, manufactured BMP design specifications, etc.) BOAT PUMP OUT - HRSD SEWAGE SAMPLING DATA; ESTIMATED FOR BOATS FROM PREVIOUS EFFORTS GOLF COURSE NUTRIENT MANAGEMENT - CITY OF VIRGINIA BEACH PARKS & RECREATION ESTIMATE FROM GOLF COURSE NUTRIENT MANAGEMENT DATA BUFFERS - DCRjDCBLA RIPARIAN BUFFER MANUAL DRY POND TO WET POND CONVERSION - CBPA CALCULATIONS OUTDOOR CLASSROOM - Nj A WATER QUALITY EDUCATION KIOSK - NjA DROP INLET RETROFIT - BACTERRA PRODUCT SPECS HORSE GRAZING SYSTEM - NORTHERN VA SWCD & PRINCE WILLIAM SWCD HORSE GRAZING SYSTEM RESEARCH NURP and US EPA loadings and reductions criteria as set forth in the James River Final Tributary Strategies Imp/ementation Plan and the EPA Urban Runoff Pollution Prevention and Control Planning Handbook 'i COMMONWEALTH OF VIRGINIA Department of Conservation and Recreation Attachment B Project Financial Report Form Water Quality Improvement Fund DCR Grant Agreement: 2007 -WQIF-32 FederallD # Grantee: Contact Person: Mailing Address 54-0711062 City of Virginia Beach Phone #: 757 -385-4899 Clay Bernick Email: cbernick@vbgov.com Department of Planning, 2405 Courthouse Drive, Building 2, Room 115 Virginia Beach, VA 23456-9040 Virginia Beach Water Quality Coordination & Program Enhancement Project Project Title: Reporting Period: (beginning date) (end date) January - March 2007 April - June 2008 July - September 2009 October - December OCR Funds (State) Project Current Cumulative .Unexpended Budget Expenditures Expenditures Project Balance Personnel $ $ $ $ Fringe $ $ $ $ Travel $ $ $ $ Equipment $ 932.00 $ $ $ 932.00 Supplies $ 4,000.00 $ $ $ 4,000.00 Contractual $ 35,000.00 $ $ $ 35,000.00 Construction $ 94,000.00 $ $ $ 94,000.00 Other Direct $ $ $ $ 'TOTAL $ 133,932.00 $ $ $ 133,932.00 Total Reimbursement Request: $ MATCH Funds Project Match Current Match Cumulative Match .Unexpended Budget Expenditures Expenditures Match Balance Personnel $ $ $ $ Fringe $ $ $ $ Travel $ $ $ $ Equipment $ 932.00 $ $ $ 932.00 Supplies $ 4,000.00 $ $ $ 4,000.00 Contractual $ 35,000.00 $ $ $ 35,000.00 Construction $ 94,000.00 $ $ $ 94,000.00 Other Direct $ $ $ $ Indirect $ $ $ $ 'TOT AL $ 133,932.00 $ $ $ 133,932.00 Authorized Signature: Date: "These cells are formulas on the 1!lectronic version of this form. For an electronic copy of this form contact the OCR Project Manager. II I i ,I, I III .DCR Deparrment o~Conservation ~_~~~~tion. __ _.__ 19~i~YI.N]; ~1~1t-JIAS NATURAL &.--E:ECREAlIQNAL R[SQ.URC~ Attachment C 2007-WQIF-32 Milestone Table Sponsor: City of Virginia Beach Name of Project: Water Quality Coordination & Program Enhancement Project NOTE: For an electronic copy oftms form contact the DCR Project Manager. ". . Submit quarterly budget and project Virginia Beach narrative reports, and required forms to DCR by the 15th day following the end of each calendar uarter. Jan 15,2008 & quarterly through Jan 15, 2010 Submit Operation and Maintenance Virginia Beach Plan to DCR for approval. April 15, 2008 Boater Education & Pumpout Hampton Roads Sanitation District Under Contract to Vir inia Beach Virginia Beach & Back Bay Restoration Foundation Redwing Golf Course Audubon and Nutrient Management Riparian Buffer Plantin s Virginia Wesleyan College Conversion of Dry Pond to Wet Pond Creeds Elementary Outdoor Classroom Virginia Beach Milldam Creek Trail Water Quality Education Kiosk Virginia Beach Virginia Aquarium Stormwater Drop Inlet Retrofit Virginia Beach City Police MOllnted Patrol Facility Lar e Acrea e Horse Grazin System Virginia Beach ;., ! ~ ~ ~ ;;le c.~ ~ ::.~ ~gl ""15- ~~j zo~ ~H '"'lo c::: o ~ J2 c::: E (1) '- E o~ LLQ, ~.s ra "- Co 0)1:9 c: c::: :i;2fa (J c::: ra 0 '-.- t-(j c: ~ .2 .b "'(1) :J c:: ~8 Q.a.. 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L. .- ft CQ U Q,l Q.I '" C e. <.....<11 -e:::- '" '" :a ~ i::l f.I -< c c e o 100 +::Q,lc c..': 'C .-tJ= b.c(';l ~~~ eC3 ~ .y -;; '" ~ ~ C'II '" _ Z Q.I I- eu '" C .~ ~ ~ ti Q..c C'II I.~&;t ~ Cl.l 0 ~l:::L. ~.EU ltl.... - '-' &() ~ (';I ~ Q,l e (';I z c CQ 'u 'c .c f.I Q,I E-< - N ~ ..". Vl I p.. ~ CO ~ <C I <C ~a ~ E o u... ~ U Cl ~ f2 ~ .~ ;;- <lJ ~ II I Attachment E COMMONWEAL TO OF VIRGINIA TERMS AND CONDITIONS A. APPLICABLE LAWS AND COURTS B. ANTI-DISCRIMINATION C. AUDIT D. A Y AILABILITY OF FUNDS E. AWARD OF GRANT F. CHANGES TO THE GRANT AGREEMENT G. ETHICS IN PUBLIC CONTRACTING H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS I. NONDISCRIMINATION J. PA YMENT K. QUALIFICATIONS OF PROJECT SPONSORS L. TESTING AND INSPECTION M. RENEW AL OF GRANT AGREEMENT N. SMALL, WOMEN, AND MINORITY-OWNED BUSINESSES E-l E-l E-2 E-2 E-2 E-2 E-2 E-3 E-3 E-3 E-3 E-3 E-3 E-3 A. APPLICABLE LAWS AND COURTS: This grant agreement shall be governed in all respects by the laws of the Commonwealth ofYirginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The agency and the grantee are encouraged to resolve any issues in controversy arising from the award of the grant using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, ~ 2.2-4366). The grantee shall comply with all applicable federal, state and local laws, rules and regulations. B. ANTI-DISCRIMINATION: By accepting a grant award, project sponsors certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and 9 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the grant on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, S 2.2-4343.1 E). In every grant award over $10,000 the provisions in I. and 2. below apply: 1. During the performance of this grant, the grantee (contractor) agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, rehgion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the nonnal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. E-I b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such organization is an equal opportunity employer. c. Notices, advertisements and sohcitations placed in accordance with tederal Jaw, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements. 2. The grantee will include the provisions of I. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. C. AUDIT: The grantee shall retain all books, records, and other documents relative to this grant agreement for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period. D. A V AILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available or which may hereafter become ava iIable for the purpose of this grant agreement. E. AWARD OF GRANT: Selection shall be made of project sponsors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the solicitation. Negotiations may be conducted with the project sponsors so selected, as deemed necessary. f'rice shall be considered, but need not be the sole determining factor. The Commonwealth may cancel solicitations or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code oj Virginia, 9 2.2-4359D). F. CHANGES TO GRANT AGREEMENT: Changes can be made to the grant agreement in the following ways: 1. The parties may agree in writing to modify the scope of the grant agreement. An increase or decrease in the price of the grant resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the grant agreement. 2. The granting agency may order changes within the general scope of the grant agreement at any time by written notice to the grantee. Changes within the scope of the grant agreement include, but are n,)t limited to, things such as services to be performed and the place of delivery or installation. The grantee shall comply with the notice upon receipt. The grantee shall notify the granting Igency, in advance, if additional costs may be incurred as the result of such order and shall give the granting agency a credit for any savings. Said compensation shall be determined by mutual agreement between the parties in writing. G. ETHICS IN PUBLIC CONTRACTING: By accepting a grant award, grantees certify that their proposal was made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other project sponsor, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promIsed, unless consideration of substantially equal or greater value was exchanged. E-2 II I H. MANDATORY USE OF STATE FORM AND TERJ"JS AND CONDITIONS: Failure to submit a proposal on the official state application form and following proposal submission guidelines provided for that purpose may be a cause forrejection of the proposal. Modification of or additions to the Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a proposal. 1. NONDISCRIMINATION OF PROJECT SPONSOR: Project sponsors shall not be discriminated against in the solicitation or award of grants under this program because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment. J. PAYMENT: Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice is submitted. [The Attachment B il1cluded with this Agreement, completed and signed. services as the project invoice.] A grantee awarded a grant under this program is hereby obligated: (1) To pay the subcontractor(s) within seven (7) days of the grantee's receipt of payment from the Commonwealth for the proportionate share of the payment received for work performed by the subcontractor(s) under the grant; or (2) To notify the agency and the subcontractor(s), in writing, of the grantee's intention to withhold payment and the reason. K. QUALIFICATIONS OF PROJECT SPONSORS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the project sponsor to perform the services and the project sponsor shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such project sponsor fails to satisfy the Commonwealth that such project sponsor is properly qualified to carry out the obligations of the proposal and to provide the services and/or furnish the goods 'contemplated therein. L. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test / inspection it may deem advisable to assure goods and services conform to specifications. M. RENEWAL OF GRANT AGREEMENT: This grant agreement may be renewed by the Commonwealth for successive funding periods u~der the terms and conditions of the original agreement. Price increases may be negotiated only at the time of renewal. Written notice of the Commonwealth's intention to renew shall be given approximately 90 days prior to the expiration date of each agreement perlod. N. SMALL. WOMEN, AND MINORITY-OWNED BUSINESSES SUBCONTRACTING: Where it is practicable for any portion of the awarded grant to be subcontracted to other suppliers, the contractor is encouraged to offer such business to smaIl, women, and/or minority-owned (SW AM) businesses. E-3 II I I III r ~~ ~~~""'" ~~?;1 ft~;,..,.~.:.. '.. ~ \\ ~u~ ",>'.. \~j ~ CITY OF VIRGINIA BEACH AGENDA ITEM "" "-- ~ ITEM: A Resolution to Set City Employee and Retiree Health Care Contribution Rates for Plan Year 2009 MEETING DATE: July 8, 2008 . Background: On June 24, 2008, City Council adopted a resolution that established a policy that all current employees and future retirees shall contribute to the cost of their health care coverage. The resolution provides that, for plan year 2009, current employees and employees who retire during calendar year 2009 shall pay a premium of $25 per month for single subscriber coverage in the HMO plan. The resolution also provides that other premiums shall be set by City Council, with a recommendation from the City Manager based on the experience of the plan, the health care fund balance, the City's annual contribution amount, and the remaining premium cost. . Considerations: The City Manager has proposed a rate schedule, which is attached as Exhibit A. This schedule is based on the criteria set forth in the June 24, 2008 resolution. The City Manager's rationale for these recommended rates is set forth in Exhibit B. . Public Information: This item will be advertised in the same manner as other agenda items. . Attachments: Resolution, Exhibit A (Rate Schedule), Exhibit B (City Manager Recommendation) Recommended Action: Approval Submitting Department/Agency: Benefits Executive Committee~ City Manager~ l.~ 1 A RESOLUTION TO SET CITY EMPLOYEE AND 2 RETIREE HEALTH CARE CONTRIBUTION RATES 3 FOR PLAN YEAR 2009 4 5 WHEREAS, by resolution adopted on June 24, 2008, City Council established a 6 policy that all current employees and future retirees shall contribute to the cost of their 7 health care coverage. 8 9 WHEREAS, the resolution provides that for the 2009 plan year, current 10 employees and employees who retire during calendar year 2009 shall pay a premium of 11 $25 per month for single subscriber coverage in the HMO plan. 12 13 WHEREAS, the resolution also provides that other premiums shall also be set 14 by City Council, with a recommendation from the City Manager based on the experience 15 of the plan, the 11ealth care fund balance, the City's annual contribution amount, and the 16 remaining premium cost. 17 18 WHEREAS, the City Manager has proposed a rate schedule, attached hereto 19 as Exhibit A, which is based on the experience of the plan, the health care fund 20 balance, the City's annual contribution amount, and the remaining premium cost. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That City Council hereby adopts the rates set forth in Exhibit B for plan year 26 2009. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of 29 , 2008. 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Exhibit B City Mana!~er Recommendation Health Care Rates for City Employees and Retirees Plan Year 2009 (January 1 -, December 31,2009) Health Care Rate Changes Adopted by City Council on June 24, 2008 · Recommended rates are based on the experience of the plan, the health care fund balance, the City's annual contribution amount ($5,400), and the remaining premium cost. Note: The City's contribution amount is transferred from the Operating Budget to the Health Care Fund for employees and eligible retirees who enroll in the health plan. · Blended rate (active employees and retirees experience) for the HMO single subscriber coverage ($25/month). · No tier or plan is provided at $0 employee or retiree contribution. · All spouse/dependent levels of coverage have been reviewed and some adjustments are recommended. Recommendation: Blended rates for HMO spouse/dependent levels of coverage and all PPO and Basic PPO levels of coverage. Therefore, in 2009, there would still be some implicit subsidy in spouse/dependent and retiree rates. Recommendation: The retiree POS is open to all retirees and is the only option available to Etmployees with less than 25 years of service who retire after June 24, 2008. · For retirees with 25 or more years of service (5 or more years of service with work related disability), the recommended subscriber only rate would increase from $5.50 to $39.50 per month and other levels of coverage would change from - 1.2% to 0%. · For rE!tirees with less than 25 years of service, the recommended increases range from -1.2% to 6%. There would still be an implicit subsidy in 2009 POS rates. The recommendation is hold the increases, other than for subscriber only, to a maximum of 6%. Otherwise some tiers would increase beyond 6%, as much as 11.6%. Based on 2009 experience, recommended rates for 2010 will address additional adjustments needed. II I I i III L. PLANNING 1. RECONSIDERATION of the application for NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC. re the Modification of Conditions (approved by City Council on November 23, 1993, in behalf of Donald G. Pratt and denied May 6, 2008) at 2244 General Booth Boulevard DISTRICT 7 - PRINCESS ANNE RECOMMENDA nON DEFER TO AUGUST 12,2008 2. Application of DA VE WILSON for the expansion of a Nonconforming Use at 109 53rd Street re alterations and additions to an existing nonconforming garage apartment. DISTRICT 5 - L YNNHA VEN RECOMMENDATION DEFER TO AUGUST 12,2008 3. Application of WELDEN FIELD OF VIRGINIA, L.L.c. for a Change of Zoning from 1-1 Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay re developing single-family dwellings and townhomes at Regent University Drive and Jake Sears Road. DISTRICT 1 - CENTERVILLE DEFERRED RECOMMENDA nON APRIL 22, 2008 and MAY 13,2008 DEFER TO AUGUST 12,2008 4. Application of JACK FERREBEE, ET AL for the closure of a portion of an unimproved alley located between 55th and 56th Streets from Holly Road to Myrtle Avenue, Ubermeer Subdivision, re combining the alley with their adjoining lots. DISTRICT 5 - L YNNHA VEN RECOMMENDA nON APPROVAL 5. Application of CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use Permit re motor vehicle sales and service at 5070 Virginia Beach Boulevard. DISTRICT 4 - BA YSIDE DEFEERRED RECOMMENDATION JULY 8, 2008 APPROVAL 6. Application of LORETTA LANE, L.L.C. for a Conditional Use Permit, re bulk storage at Loretta Lane and North Birdneck Road. DISTRICT 6 - BEACH RECOMMENDA nON APPROVAL 7. Application of HUNT CLUB FARMS for a Conditional Use Permit re recreation facilities of an outdoor nature at 2356-2400 London Bridge Road DISTRICT 7 - PRINCESS ANNE RECOMMENDA nON APPROVAL 8. Applkation of VIRGINIA BEACH SCHOOL BOARD for a Change of Zoning District Classification from AG-l and AG-2 Agricultural District to Conditional 1-2 Heavy Industrial District at Harpers Road and Oceana Boulevard to develop the site for a school bus maintenance facility. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 9. Applieation of WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. for Modification of Conditions re a multi-structure parking garage (approved by City Council on JWle 9, 1998) at 3100 Shore Drive. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 10. Ordinance AMENDING the City Zoning Ordinance (CZO) regulations pertaining to communication towers and building-mounted antennas, including definitions, pre- application and application requirements, locational, landscaping and other requirements as well as Zoning Districts where permitted. RECOMMENDA nON APPROVAL I I III NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center. 2401 Courthouse Dnve. Tuesday, July 8, 2008, at 6:00 p.m. The following applications will be heard: DISTRICT S . L YNNHAVEN DAVE WILSON Application: Expansion of a Nonconformin'l Use at 109 53rd Street (GPIN 2418896842 WESTMINSTER..cANTERBURY OF HAMPTON ROADS, INC. Application: Modification of Conditions for a request approved by City Council on June 9. 1998 at 3100 Shore Drive (GPIN 1590004510). AICUZ is Less than 65. JACK FERREBEE, et al Application: Discontinuance, closure and abandonment of a portion of an alley located between 55th Street and 56th Street from Holly Avenue east to Myrtle Avenue and adjacent to Lots A, B, C, 8. 16, 17, 18. 19, 20 and Part of 21, Block 10, Ubermeer. I' DISTRICT 6 - BEACH . LORETTA LANE, L.L.C. Application: ConditIonal Use Permit. for bulk storage at Lorettn · Lane and North Birdneck Road (GPIN 2417454343). AICUZ is Greater than 75 and APZ-1. I I . SCHOOL BOARD, CITY OF VIRGINIA BEACH for a Chanlle of Zonine: Distnct Classification from AG-l clnd AG-2 .~gricultural to Conditional 1-2 Heavy Industrial dt Harpers Road and Ocean a Boulevard (GPIN 2405879659). The Comprehensive Plan designates this site as being withm Strategic Growth Area 10. The purpose of this rezoning is to develop a school bus depot. AICUZ is Greater than 75 and APZ 2. DISTRICT 7 - PRINCESS ANNE HUNT CLUB FARMS Application: COllditiQnal Use Permit for recreation facilities of an outdoor nature at 2356-2400 London Bridge Road (GPINs 2405900607; -0218; -812185; -914155). CITY OF VIRGINIA BEACH Ordinance amending City Zoning Ordinance regulations pertaining to communication towers and building-mounted antennas, Including definitions, pre-application and application requirements, loeational and landscaping and other requirements, and loning districts where permitted. All interested citizens are invited to attend. Ruth Hodges Fraser. MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at http://www.vbj!oy.com/pe For inforrnation ealt 385-4621. If you are physically disabled or visually Impaired and need assistance at thi!: meeting. please call the CITY CLERK'S OFFICE at 385-4303. Rr:acon June :22 & 29. 2008 18890577 "1,, III PUBLIC. HEARING The Virginia Beach City Council, at its Formal Session July 8, 2008, Council Chamber, City Hall. 2401 Courthouse Drive. will RECONSIDER: ORDINANCE UPON APPLICATION OF NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC. FOR THE MODIFICATION OF CONDITIONS at 2244 General Booth Boulevard (GPIN 2414066572) District 7 - Princess Anne (approved by City Council on November 23, 1993, in behalf of Donald G. Pratt and denied May 6, 2008). Ruth Hodges Fraser, MMC City Clerk Beacon June 22 & 29, 2008 18890433 - 33- Item II-J.l.c. PUBUC HEARING ITEM' 37437 PLANNING Attorney Chorl,!S SaUe; 192 Ballard Court, Phone: 490-3{J()(), represented the applicant Upon motion by Councilnum Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordi1Ulnce "pOll applialtion of DON.ALD G. .AND S.ANDRA G. PRAT/' for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPUCATION OF DONALD G. AND SANDRA G. PRA1T FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CL4SSIFICATION Z011931401 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordi1Ulnce IIp01I application of Do1Ul1d G. de Sandra G. Pratt for a Conditional Chonge of Zoning District ClJJssification from R-20 Residentilll District to 0-1 OfJice District on the east side of General Booth Boulevard, 7605 feet north of Princess Anne Road. The proposed zoning classification change to 0-1 is for office lJJnd lISe. The Comprehensive Plan recommends lISe of this parcel for single-family residenti41 at densities that are compatible with singk-family lISe in accorclance with other Plan policies, Said parcel is located at 2244 General Booth Boulevard and contains 1 acre. PRINCESS ANNE BOROUGH. The foUowing condition sluJlI be required: 1. Agreement encompassing proffers sluJlI be recorded with the Ckrk of the Circuit Court and is hereby made a part of the record. This Ordi_nee shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the COII1ICil of the City of Virginia Beach, Virginia, on the Twenty-third of November. Nineteen H"ndrl'.d and Ninety-Three, Voting: .10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera B. Obemdorf, Nancy K. Parker and Vice Mayor WiUiam D. Sessoms, Jr. Council Members Voting Nay: None Council Member:~ Absent: James W. Brazier, Jr. November 23, 1993 II I . I i III - 34 - Item V-K.l. PLANNING ITEM # 57580 Attorney Morris Fine, 2191 Parks Avenue, Phone: 422-1678, represented Donald Pratt, the owner of the property. This application satisfies a need within our City. The City needs day care centers. There were 6400 infants born in the City in 2006 and only 1500 infant care centers. This is reflective of our social changes, Today, the woman is an integral part of raising not only the child, but being a wage earner to support the home. The children, therefore, require care. These centers are highly regulated by Social Services. Outstanding individuals have been hired with Masters in Elementary Education, and early Childhood Degrees. Revisions have been submitted. There will be 88 infants/toddles maximum, 50 school age children, for a total of 138 children. These children will not all be in the facility at one time. A graphic showing this traffic pattern for taking children in and picking up children. There is an enlarged separate fenced play area for infants/ toddlers and school aged children by the rear building. A document was provided, dated March 21, 2008, addressing management, staff, layout of each building and what operations occur within each space, as well as emergency egress and traffic patterns. Upon motion by Council Lady Henley, seconded by Councilman Uhrin, City Council DENIED an Ordinance upon application of NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC.. for the Modification of Conditions for a request approved by City Council on November 23, 1993 (Donald G. Pratt) ORDINANCE UPON APPLICATION OF NIMMO CHILDCARE & RESOURCE LEARNING CENTER, INC. FOR THE MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON NOVEMBER 23, 1993 (DONALD G. PRATT Ordinance upon application of Nimmo ChildCare & Resource Learning Center, Inc. for the Modification of Conditions for a request approved by City Council on November 23, 1993 (Donald G. Pratt). Property is located at 2244 General Booth Boulevard (GPIN 2414066572). DISTRICT 7 - PRINCESS ANNE. Voting: 6-5 Council Members Voting Aye: Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Council Members Voting Nay: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Rosemary Wilson and James L. Wood Council Members Absent: None May 6, 2008 NIMMCI CHILDCARE Map K-1I Mo Not to Scale ! 0-1 T [I] NlMMtJ PlntT. (HCD) Nimmo Church Modification of Proffers Relevant Information: · Princ:ess Anne District · Appl icant requests a Modification of Proffers to allow for the oper,ation of a child care education center. · Proffer #2 of the 2005 Rezoning of the site does not allow for child care, and thus, the need for the modification. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0). Consent agenda item. · No OiPPosition present at hearing. · City Council denied on May 6, 2008. · On June 3, City Council voted to reconsider. II I I III , ~ ~i1i~-i\~~' u~\s:, ~ ~ -) , ..:-. ".I \.~,# ~ CITY OF VIRGINIA BEACH AGENDA ITEM ~ \... ~ ITEM: Reconsideration of the Application of Nimmo ChildCare & Resource Learning Center, Inc. for the Modification of Conditions for a request approved by City Council on November 23, 1993 (Donald G. Pratt). Property is located at 2244 General Booth Boulevard (GPIN 2414066572). DISTRICT 7 - PRINCESS ANNE. MEETING DATE: July 8, 2008 . Background: The applicant desires to operate a child care and child education center from the existing structures on the site. The property was rezoned to 0-1 Office District in 1993. On November 22, 2005, the City Council approved a modification of the proffers submitted with that rezoning. The current request is to modify Proffer 2 of the 2005 rezoning to permit childcare facilities on the property. The existing proffers permit only business offices; medical and dental offices and clinics and laboratory; legal, engineering, architectural, and other professional offices; accounting and bookkeeping offices; and florist retail uses. No other uses are permitted. On May 6, the City Council denied the request. On June 10, the City Council voted to reconsider the application. . Considerations: Reconsideration of the application was advertised for July 8, the first available City Council meeting that met legal advertising requirements. Due to scheduling conflicts, however, involving City Council, a deferral of this item to City Council's August 12 meeting is requested. . Recommendations: Defer reconsideration of this item to the August 12 City Council meeting. . Attachments: Location Map Recommended Action: Deferral to August 12 meeting. v/ J . , Submitting Department/Agency: Planning Department / i . . CIlyManage~ t ,~~ v CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6914 FROM: LHslie L. Lilley ~ B. Kay WilSO~ DATE: June 25, 2008 OEPT: City Attorney OEPT: City Attorney TO: RE: Conditional Zoning Application; Nimmo Childcare & Resource Learning Cf~nter, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 8, 2008. I have reviewed the subject proffer agreement, dated January 16, 2008 and have determined it to be legally sufficient and in proper legal form. A copy of the a~,reement is attached. Please fe!el free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure cc: Kathleen H~lssen II I This Document Prepared by: Fine, Fine, Legum & McCracken, LLP Title Insurance Not Provided for In this Transaction THIS AGREEMENT made this /(, day of January, ::008 by and between DONALD G. PRATT, Property Owner, herein referred to as Grantor, party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. W I T N E ~ ~ E T H: WHEREAS, Property Owner is the owner of certain parcels of property located in the Princess Anne district of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" said parcels hereinafter collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of t?e City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-20 to 0-1, having been previously rezoned by agreement dated June 10, 1993 duly recorded on November 29, 1993, in Deed Book 3307, at page 417; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same time to recognize the etrects of change that will GPIN No.2414-06-6572-0000 Page 1 of6 ~owner's Initials be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and th~: need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following dedaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in interest or title: I. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Preliminary layout Exhibit A General Booth Office Building", dated July 27,2005 prepared by Site lmprovement Associates, Inc., which has been exhibited to the Virginia Beach City Page 2 of 6 ~wner's Initials I I I II Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The use of the Property shall be limited to (a) business offices; (b) medical and dental offices and clinics and laboratory; legal, engineering, architectural and other professional offices; accounting and bookkeeping offices; (c) florist retail; and (d) educational, child day care facility, before and after school care, children summ~r and non-school day programs; all in accordance with a conditional zoning duly approved by the City Council of the City of Virginia Beach. 3. Access to the Property from General Booth Boulevard shall be in accordance with the Deed of Easement and Agreement dated December 16, 1991, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, in Deed Book 3055, at page 2018. 4. Lighting on the Property shall be directed inward and not toward surrounded property. 5. The existing residential structure shall be maintained and exterior improvements of any structure located on the Property will be constructed and maintained in a manner aesthetically compatible with adjoining residential uses and with Nimmo Church. 6. Provide privacy fencing along the southern property line adjacent to the residential property . 7. The daycare and before/after school program drop-off and pick up shall be scheduled in a manner to limit traffic entering the site to no more than 35 trips within anyone hour time frame. A right turn lane is required if trips entering the site exceed 35 trips within anyone hour time frame. 8. Grantor will develop a scheduled drop-off at the facility commencing at 6:00 o'clock a.m. 9. Grantor will internally develop a safe traffic program and educate the staff and parents on the importance of the program for the safety of the children within their care as well as a safe ingress and egress from the property. 10. In the event of the sale of the day care and/or pro"rty;:'~r will disclose all ~wner's Initials Page 3 of6 proffers and ap~lroved site plan conditions to any potential buyer, which disclosure shall be acknowledged by the buyer in the purchase and sale agreement. 11. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 12. These Proffers supercede all previous Proffers with respect to the Property described herein. All refer~nces hereinabove to the 0-1 Zoning District and to the requirements and regulations applicable theret'J refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia 3each, Virginia, in force as of the date of approval of this agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance evenlf the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circ:uit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a re~;olution adopted by the governing body of the Grantee, after a public hearing before lbe Grantee which was advertised pursuant to lbe pro~ Page 4 of6 on 15.2-2204 of the Owner's Initials 1'1 I dl Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (I) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. Page 5 of (fj Owner's Initials WITNESS the following signatu s and seals:. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, 14" feI'K /J. Kt. (JtH't:. , a Notary Public in and for the City and State aforesaid, do hereby certifY that Donald G. Pratt, whose name is signed to the foregoing instrument dated the I (, day of January, 2008 did personally appear before me in my City and State aforesaid and acknowledge the same before me. GIVEN under my hand and seal this / today of January, 2008. tl:i- (1.~ Notary Public My commission expires: ~ ..7 V - 02.,/ ~ Registration No.: 0I1al./ ~~ __ A.... ....., .... C~iR..AIMI.- of VlJ"- '1"61 c:-.JI-- . ." Page 6 of 6 I'I I'll Exhibit "A" ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, near Nimmo Church, numbered and designated as Lot A, upon that certain plat entitled, "Subdivision of Property, Charles C. Hickman, et ux, D.B. 482, P. 21, M.B. 25 P. 70, Princess Anne Borough, Virginia Beach, Virginia, Scale 1" = 1 00', September 24, 1971, W. B. Gallup, Surveyor," said lot being of the size and dimension as shown on said plat, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 88, at Page 45, to which reference is hereby made for a more particular description for the land herein conveyed. Map L-4 _ G. Wilson. Jr. ~~ _""" 1>..),7 ..~~~ 1 ~ '\I~\r,: ~ ~ ::: -n"~ -L, ~.. "T ~ '" ~~ jm -' ~ ~I:: ,.? ,~ ch i'i · I' ," ~ _ = t\~ ~ ~~~ ~ :-r2i- ~. . ~ ...OCX' .~. .~ ~ " p ...., , "'~ h ".... N ~~ n t I' ~..... . ,~~ ~ ~ ' ~ ,,;~~~ ; \; I~ ~ ?I ~. _ ~ 1~_1~ ~~~~ ~i~y-~ ~ ~ ~\;'~' "" .l\~~ ~ ~,retl' ~ '" ,.'> c.. ~ mi '" ',:00 ~ \\ "- ~\'" ~ KI'\:'" ~ > ~~~ . ~...., 00 Non conforming Use I I I <II ~..~ &~~~ f{l-I. '-\\\ ~~~< L y --- ",; ~~ - ~~!t ~. ,., J ~~" .;.....,~..:..... ~"...~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Dave Wilson for the Expansion of a Nonconforming Use on property located at 109 53rd Street (GPIN 2418896842). DISTRICT 5 - L YNNHAVEN. MEETING DATE: July 8,2008 . Background: The purpose of this request is to make alterations and additions to an existing nonconforming garage apartment. . Considerations: The application must be deferred due to several outstanding issues that require additional investigation. . Recommendations: A deferral of the application to the August 12, 2008 City Council meeting is recommended. . Attachments: Location Map Recommended Action: Deferral to the August 12, 2008 mee~ng. Submitting Department/Agency: Planning Department ~ City Manager: ~ ~ t. ~ l>i>'L I ill - 75 - Item V-X. 7. PLANNING ITEM # 57551 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED TO MAY 13, 2008, Ordinance upon application of WELDENFIELD OF VIRGINIA, L.L.C for a Conditional Chanf!e of Zoning: ORDINANCE UPON APPLICATION OF WELDENFIELD OF VIRGINIA, L.L. C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-1 LIGHT INDUSTRIAL DISTRICT. R-5D RESIDENTIAL DUPLEX DISTRICT AND 0-2 OFFICE DISTRICT TO CONDITIONAL R-7.5 RESIDENTIAL DISTRICT WITH A PD-H2 OVERLAY Application of Welden field of Virginia, L.L.C. for a Chanf!e of Zoning District Classification .from I-I Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay on property located at the northwest intersection of Regent University Drive and Jake Sears Road (GPINs 1455571149; part of 1455666408). DISTRICT 1 - CENTERVILLE Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood . Council Members Voting Nay: None Council Members Abstaining: Robert M Dyer Council Members Absent: Ron A. Villanueva Councilman Dyer ABSTAINED on Item K. 7 (Weldenfield of Virginia, L.L. C.) as he is employed by the (Regent University). April 22, 2008 - 44- Item V-K 7. ITEM 57618 PLANNING Attarney R. Edward Baurdon, Jr, Pembrake Office Park - Building One, 281 Independence Baulevard, Phane: 499-8971, represented the applicant, and requested a date far deferral, nat INDEFINITE DEFERRAL. City Cauncil wishes to. receive and review the Malcalm Pirine Repart cancerningfuture landfills lacated in the general facility af the large land halding (Blenheim) Upan matian by Councilman Diezel, secanded by Vice Mayor Janes, City Council DEFERRED TO JULY 8,2008, Ordinance upan application afWELDENFIELD OF VIRGINIA, L.L.Cfar a Canditianal Chan~'e af Zaning 01W1NANCE UPON APPLICATION OF WELDENFIELD OF VIRGINIA, L.L.c. FOR A CHANGE OF ZONING DISTRICT ClASSIFICATION FROM 1-1 LIGHT INDUSTRIAL DISTRICT, R-5D RESIDENTIAL DUPLEX DISTRICT AND 0-2 OFFICE DISTRICT TO CONDITIONAL R-7.5 RESIDENTIAL DISTRICT WITH A PD-H2 OVERLAY Applicatian of Weldenjield af Virginia, L.L. C. for a Chanfle af Zaninfl District Classification fram 1-1 Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to. Conditianal R-7.5 Residential Distriet with a PD-H2 Overlay an praperty lacated at the no.~thwest intersectian af Regent University Drive and Jake Sears Raad (GPINs 1455571149; part of 1455666408). DISTRICT 1 - CENTERVILLE V ating: 10-0 Cauncil Members Vating Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayar Lauis R. Janes, Reba S. McClanan, Mayar Meyera E. Oberndorf, Jahn E. Uhrin, Ran A. Villanueva, Rasemary Wilsan and James L. Waad Cauncil Members Vating Nay: Nam Cauncil Members Abstaining: Rabert M Dyer Council Members Absent: Nane Councilman Dyer ABSTAINED on Item K 7 (Weldenfield of Virginia, L.L. C) as he is employed by the (Regent University). May 13, 2008 WELDE~NFIELD OF VIRGINIA Relevant Information: . Applicant requests a deferral to August 12. II I I ill ~.~"" ,{. :S'7'" ..~+~1 ..S~ .., ~';' (>.. -" 'it (t:: . >:5 ~~ ~ I:)) ,. M- .:.~... /) .~.~ .....-J ~~~.. CITY OF VIRGINIA BEACH AGENDAITEM ITEM: Application of Weldenfield of Virginia, L.L.C. for a Chanae of Zonina District Classification from 1-1 Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD- H2 Overlay on property located at the northwest intersection of Regent University Drive and Jake Sears Road (GPINs 1455571149; part of 1455666408). DISTRICT 1 - CENTERVILLE MEETING DATE: July 8,2008 . Background: The applicant proposes to rezone the site, which is currently zoned 1-1 Light Industrial, R-5D Residential, and 0-2 Office Districts, to Conditional R-7.5 Residential District with a PD-H2 Planned Development Overlay. The applicant desires to develop the site with 69 single-family dwellings and 81 townhome-style dwellings. . Considerations: On May 13, 2008, the City Council deferred this application to the July 8 meeting to allow the City to receive a study pertaining to the landfill to the south of the subject site and to determine the potential affects of possible expansion of that landfill on the surrounding area, including, potentially, the subject site. City staff has received the study, and City Council was briefed regarding the study on July 1,2008. To ensure that the City Council is knowledgeable of the study results prior to acting on this application, the applicant has agreed to defer the application to City Council's August 12, 2008 meeting. . Recommendations: Deferral to the August 12, 2008 meeting. . Attachments: Location Map Recommended Action: Deferral to the August 12, 2008 meeting. Submitting DepartmentlAgenc~: ,Planning Department City Manager: ~ l. ~ 1'1 I dl " .. ~1A:~.f.ljJ, " iLl> . '.;.- 'l \\~ .' i ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: In the matter of closing, vacating and discontinuing a portion of that certain unimproved alley known as "PORTION OF 15' WAY TO BE CLOSED (3,795 SQ. FT. OR 0.087 ACRES)" as shown on that certain plat entitled "EXHIBIT OF PORTION OF 15' WAY TO BE CLOSED FOR LOTS 8,16,17,18,19,20 & PART OF 21, BLOCK 10, UBERMEER (M.B. 7, PG. 150) AND LOTS A, B, & C, BLOCK 10, RESUBDIVISION OF LOTS 9, 10, 11, & 12, UBERMEER (M.B. 137, PG. 23) VIRGINIA BEACH, VIRGINIA" DISTRICT 5 - L YNNHA VEN. MEETING DATE: July 8, 2008 . Background: Jack E. Ferrebee and Mary B. Ferrebee; John Oliver Wynne, Jr.; Ed Boice, III; Betty Russo; John F. Power and Elizabeth C. Power; TGF, L.C.; and Jefferson Investors, L.L.C. (collectively, the "Applicant"), request the City Council to close a portion of an unimproved 15-foot wide alley behind their single-family dwellings located in the 200 block of both 56th and 55th Streets between Holly Road to the west and Myrtle Avenue to the east. The closed portions of the alley will be combined with their adjoining lots. . Considerations: The entire length of the 15-foot wide alley in this block is not included in this request. For several years the applicant attempted to get all of the owners abutting the alley in this block to join together to close the entire alley. The attempt was not successful. Thus, at this time, the owners of Lots 8, 17, 18, 19, 20 and portion of 21, A and B request the closure of the 15 foot alley and the owners of Lots 16 and Lot C request the closure of the 7.5 feet of the alley abutting their respective lots. The remaining 8 properties on this block are not included with this request. The Viewers have determined closure and abandonment of a portion of the unimproved alley will not result in a public inconvenience; therefore, they recommend closure of the alley. The Planning Commission placed this item on the consent agenda because the Viewers recommended approval 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: ... ..( Jack Ferrebee, et al Page 2 of 2 1. The City Attorney's Office will make the final determination regarding ownersl,ip of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. Preliminary comments from the Virginia Dominion Power indicate that they have facilities in the area proposed for closure, and, as such, a final written agreeml3nt granting Dominion Virginia Power an easement shall be submitted and reviewed during final plat review. 4. The applicant shall verify that no other private utilities exist within the right-of- way proposed for closure. If private utilities do exist, easements satisfactory to the utility companies must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. . Attachments: Staff Review Location Map Disclosure Statement Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgenCr Planning Department City Manageh:::o K- ~Dt>i II I II sms. nOURDON. . Am:RN & lM. P.c. Ruth Hodges Fraser, City Clerk June 25, 2008 Page 2 With best regards, I am REBjr/arhm cc: Brian Rowe. Weldenfield of Virginia, L.L.C. Lowell W. Morse, Morse & Associates, Inc. The Honorable Meyera Obemdorf Councilman Harry Diezel Councilman Ron Villanueva Jack Whitney, Director, Department of Planning Faith Christie, Department of Planning ConditionaIRewne/Weldenfieldotvirginia/FenwyckForest/Fraser_Ltr6.25.o8 Very trulyy~rs, ...~/ ~~/ ~ I ....--,,-,- , ~ ~]:dWard Bourdon, Jr. UlIB SYI([S, DOURDON, _AIImN &lM,P.C. ATTORNEYS AND COUNSELORS AT LAW TELEPHONE: 757-499-8971 FACSIMilE: 757-456-5445 June 25, 2008 JON M AHERN R. EDWARD BOURDON. JR. JAMES T. CROMWELL L. STEVEN EMMERT JACQUELINE A. FURST DAVID S. HOLLAND KIRK B. LEVY O. JACKSON MOORE, JR. JENNIFER D. ORAM-SMITH HOWARD R. SYKES, JR. PEMBROKE OFFICE PARK - BUlllJING ONE 281 INDEPENDENCE BOULEVARD FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462-2989 Via Hand Delivery Ruth Hodges Fraser, City Clerk Office of thE! City Clerk City Hall Building #1, Room 281 Municipal Center Virginia Be2lch, Virginia 23456 Re: Application of Weldenfield of Virginia, L.L.C. for Change of Zoning District Classification from I-I Industrial, R-SD Residential and 0-2 Office District to Conditional PD-H2 with an underlying R-7.S; 46.2 Acres on the West side of Regent University Drive, South of Midtowne Way, Centerville District, Virginia Beach, Virginia - Scheduled for City Council consideration on Tuesday, July 8, 2008 Dear Ruth: I am writing to advise that I will be out of town during the week of July 6-11 and will consequently need to request deferral of the above referenced application until the City Council's August 12, 2008 council meeting and public hearing. I have been in communication with Mr. Jack Whitney, Planning Director as well as a number of Council members with respect to the application and all are aware and supportive of the request for deferral. The OIiginal deferral of this application was at the request of City staff so as to permit receipt and review of a consultant's report dealing with potential City utilization of nearby sites for landfill purposes. That r~port is now in the City's hands and this additional deferral will provide more than adequate time for a thorough review of that report in advance of the City Council's August 12, 2008 public hearing. Also, please note that this application has not engendered any opposition from nearby r,~sidents or communities. Thank you again for your professionalism and courtesy. II I . . JACK FERREBEE, ET. AL. Agenda Item 12 June 11 J 2008 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Abandonment and closure of a portion of a 15 foot right-of-way between 55th Street and 56th Street, lots A, B, C, 8,16,17,18,19,20 and part of 21, Block 10, Ubermeer I .II ADDRESS I DESCRIPTION: An undeveloped, 15 foot wide alley between Holly Road and Myrtle Avenue behind properties located in the 200 block of 55th and 56th Streets. COUNCIL ELECTION DISTRICT: 6-BEACH SITE SIZE: 3,795 square feet SUMMARY OF REQUEST The applicant requests to close a portion of a 15-foot wide alley behind single-family dwellings located in the 200 block of both 56th and 55th Streets between Holly Road to the west and Myrtle Avenue to the east. The entire 15-foot wide alley in this location is not included in this request. The applicant has worked for several years to put together the various pieces behind these lots in an attempt to close the entire alley. Those attempts, however, have not met total success. Thus, at this time, the closure of the 15-foot alley is requested for Lots 8, 17. 18, 19, 20, a portion of 21, A, and B. Only 7.5 feet behind Lot 16 is requested for closure and 7.5 feet behind a portion of Lot C is requested. The remaining 8 properties on this block are not included with this request. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant right-of-way SURROUNDING LAND USE AND ZONING: North: South: East: . Single-family dwellings, duplex units I R-5R Residential District . Single-family dwellings, duplex units I R-5R Residential District . Single-family dwellings / R-5R Residential District JACK FERREBEE, ET. AL. Agenda Item 12 Page 1 West: · Single-family dwellings / R-5R Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The property is located within the Chesapeake Bay watershed. The majority of the site consists of grass and trees, and there do not appear to be any 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 WATER & SEWER: There are no public water or sewer lines in this right-of-way. PRIVATE UTILITIES: Due to electrical facilities in the area, Virginia Dominion Power has objections to the street closure. This objection may be removed upon receipt of a written agreement to grant Dominion an easement. Virginia Nalural Gas has no objections. 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: The Viewer:; have determined closure and abandonment of a portion of the alley will not result in a public inconvenierce; therefore, they recommend closure of the right-of-way. The proposed street closure is recommended for approval with the conditions below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Pun;hase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies JACK FERREBEE, ET. AL. Agenda Item 12 Page 2 I'I I <II of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate intemallot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. Preliminary comments from the Virginia Dominion Power indicate that they have facilities in the area proposed for closure, and, as such, a final written agreement granting Dominion Virginia Power an easement shall be submitted and reviewed during final plat review. 4. The applicant shall verify that no other private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility companies must be provided, 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 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. JACK FERREBEE, ET. AL. Agenda Item 12 Page 3 ---~~=_ MERI[)MN ,~ ~-c-= -~ (>VB. 7 .50U'CCc olIII!"... -..-:::--~:.~ /50) --~- J I /' ( .. LVI I LOT 4 LVI . LOT 5 I LI/1 ~ I I ~OCK~ MYRTLE (ZO' WAY :: ;Z:T%:e.~7, P. 150) A VENUE ""f5 .LJ~ .:Jld ~.... ,,<.: n. LOT 15 :>. N/f JAIlfS H. JONES-IV, oWolES H. JONES-JR. PIIYUJS ~ JONES It \YENOr G. JONES ~ 2419-70-9207-0000 (D.B. 29!lO, P. 131l4) (II.B. 7, P. 150) S 08'56'00. E 140.00' a.A. 132.50' LOT 6 c> '" e;; 2 l' 5' W()IJl: fHICl\ ,- @.. \ I PRoposeD 7.50' LOT 7 CA.S~M~NT TO I VIRGINIA POWER COMPANY S 08'56'00. E 140.00' (O.A.) 132.50' , 7.50' n, E, CHAIII lINK FElIcr----i LOrS --. 2419-70-7369 '7.50' x N 08'56'00. W 140.00' ((1AJ.,'V. 132.50' ct' :r~. N 08'56'00. W 135.oojo.lt.) ..... ~ ~ l:I) ;'00' 1 ~c:i' '" ~- ~tl; ,,- lu ~lQ g;~ ~ 1 CD ~ LOr 18 ~ 2419-70-8246 ll\ __ EX. FR. C-ARAGE ../S 08'56'00. E 140.00' (O.A. 132.50' . c;:, . ~g E~ ~ LOT 17 g 2419-7o-820S ~ LOTA 2419-70-7377 127.50' N 08'56'00. W 135.00' (O.A.) :g <<:i '<> LOTS 24t9-70-6J5S " :S <0 I() LOTe 24t9-7C'-537J @ LOT 21 @ S 81'f?4 '00. W ~ CONOO,IIINf/lM __:!.~O _ .[=:..- PiliSl ~[''1[ 5.00' 127.50' N 08'56'00. W 135.00' (O.A.) LOT 13 "/F CURRAN JOSEPH f JR 2419-70-9207-??oo (D.a 658, P. 520) (M.B. 7, P. 150) l:i'l S-~ 'l:' in" -lQ l:1li lOT 22 LOT 14 LOT 23 ~ HOLL Y ---'''-::: -40' R/lI' 7\-:- . A VENUE (M.B. 7, P. t50) '" r>: FrG, (,0 11/HlCUnlT 1 ! r\ " f ~- Cor;] t g~ . I~J '-<1. !;::) n I...:) :..-; ci bJ It) f ~..... ~w ~~ l:I) l~ ~; . ". ~ lli ~l~ . C> S> ... E:S "'I() "'I() SURVEY OF AREA TO BE CLOSED JACK FERREBEE, ET. AL. Agenda Item 12 Page 5 II I I ,II Map L-4 Jack Ferrebee et al M"D Not to Seol.. '! "~~~\(~\~~\~~~~\~\\W " \ ~ ~\(\~:l\~@~ ~ ~no~ ~ f\~~~Llo. ~ Ol\':\~ " ;~~~~ 0 ~\ \:\- '"""':----1 ~~ (iL\~ia~.~~~:M~~(~ \\! . ~'B ~,~ \\r\~ -'- \ ~ )\' ~,~\O ~~ .... ~'(. ';A l\ ~ ~ " ~~ ~\i;i ~~~ ,I}l.~ a ~ ~ ~ 1 Hl] ~~ .!Ii V ~ ...~ i ~ ~ '" :a\~~@ '~ ~%\~~ ~ ,~J\'IT ~ cr2'\~~~\~ '?':~- ~ II ~\ ~~ ~ ~~ <> 6\B~ ~ "~, ~ al~~ ~\~~"ff ~~ I!t ltir1~~ A\\ '~ ~: .n~~~OO~ 1 ~.::--;;..>, ~.D ~\ \\~- ~ ~~~ ~1 :~~~ ;!\ ~\\ \.1.~"~ ~ '1'\ ., ~ \'\ J' ~--l\.'J ~ ~ \..- "'" -- ~ .. ~\.r\\.. ,~ "'-1\J - ::;.... .H\ Street Closure 1 04/23/02 Expansion of NONCONFORMING USE Granted 2 02/12/02 Expansion of NONCONFORMING USE Granted 3 08/14/01 Expansion of NONCONFORMING USE Granted 4 09/10/96 CUP (wireless communication facility) Granted 01/23/96 CUP (wireless communication facility) Granted 11/08/94 CUP (wireless communication tower) Granted ZONING HISTORY JACK FERREBEE, ET. AL. Agenda Item 12 Page 6 z o I I ~ U I I ~ ~ ~ ga p rJ) o ~ u ~ ~ ga E-t rJ) DISCLOSURE STATEMENT APPUCANTD~CLOSURE 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) 'TWo applicants are LU:s. TGF, LC: Jack Fine, 1202 Lochlrnond Ct., Richrrond, Virginia 23221: tel: 804-762-7014. Jefferson Investors, I...I.C: Catherine Bosher, P.O. Box 655, Virginia Beach, Virginid 23451: tel: 42B-132J 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach fist if necessary) None gs Check here if the applicant is NOT a corporation. partnership, firm, business, or other unincorporated organization. With respect to all other applicants. 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 fist if necessary) N/h 2. List all businesses that have a parent-subsidiary' or affiliated business entitl relationship with the applicant (Attach list if necessary) N/A Kl Check here if the property owner is NOT a corporation, partnership, firm, business. or other unincorporated organization. 1 & 2 See nel\\ 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? Street Closure A;>pl':i1licr> P(lVe 1': or 1J Revised 11,'llllJt JACK FERREBEE, ET. AL. Agenda Item 12 Page 7 II I II DISCLOSURE STATEMENT 11 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) None 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 9 2.2-3101. ~ "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 Interesls Act, Va. Code ~ 22-3101. 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 properly 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 Planning to photograph and view the site for purposes of processing and evaluating this application. ~ A plicant's S goalure ~J: 1~4.XY~~I{'fe-6e~ Print Name Property Owner's Signature (if dlfferefltthan applicant) Print Name Slm-e1 Closure Applll:JtIOr. Pag~ 13 or 13 R..:'..iSed 7111.'20C6 I ill z o t I i~ :u I I ~ ~ ~ ~ :::> CI:J o ~ U f-t ~ ~ f-t c:.I:J JACK FERREBEE, ET. AL Agenda Item 12 Page 8 IIDISCLOSU1JSTATEMENT "J 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 servic3s: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corpomtion directly or indirectly owns shares possessing more than 50 percent of the vollng power "f another corporation_" See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. 2 "Affiliated business entity relalionship~ means "a relationship, other than parent- subsidi,~ry 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 i 1 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 busine~ s entity relationship include that the same person Of 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 enllties: See Slate and Local Government Conflict of Interests Act. Va. Code S 2 2-3101 CERTIFICATION: I certify that the information contained herein is true and accurate, I understand thaI, upon receipt of notification (postcard) that the application has been scheduled for public hEaring, J am responsible fer obtaining and pOSlll1g ti,e required sign on the subject property at least 30.Jay, prior to fr'B sdledu!ed public hearing according to the Instrucllons in this package. The undersig 1ed also consents to entry upon the sut>jcct property by emplo~s 01 the Department of Planning to photograph and view the site for purposes of proceSSing and evaluating this applir.ation. ~r&..r: L C.) 1/t., j h.:.-,~ (/-f.,ft i,(lL-tk I~, P)~'11 A1Splic1jn's Signature V 1#-r~ 6/;,..t(}4/J./ I " V PropertyClwner's SIgnature (Ii differenlthan applicant) -(6~ Ld I.h'_::..JM.?o_~_f~~.t..1 P,,,,,? Print Name Print N<lme -~rf"':i CIr,StHt t~ap.h:aliun C;'.,...;~ 1'1 ~A 1~1 :~""':"3,ec /111, ~'jtJti Z' o I I ~ U I . I~ '~ ~ ga P r:.I:J o ~ u ~ I~ ga f--c r::I) JACK FERREBEE, ET. AL. Agenda Item 12 Page 9 II I 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) 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. (il) 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 ACI. Va. Code S 2 ;>-3101 CERTIFICATION: I certify thatlhe information contained herein is true and accurate. I understand that. upon receipt of notification (postcard) thai the application has been scheduled for public hearing. I am responsible for obtaining and posting Ihe required sign on Ihe subject property al least 30 days prior to the scheduled pubhc hearing accordIng to the instructions in this package The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. (j e.rr~ ........7U,-1 .~+.f Applicant's Signature .rJ-V~{7~ h:;t..Uv-- -' /"/..c. C/'!JJAh?L E fbs~ Print Name Property Owner's Signature (if different than applicantj Print Name Street CIOS,;rE Appli.:atH:;n Pag~ 13 0113 RP.'MEd 7; 11.7006 I dl z o I -4 ~ U J I ~ ~ ~ ~ ;::::J rJ) o ~ U E-c ~ ga f-t en JACK FERREBEE, ET. AL. Agenda Item 12 Page 10 II DISCLOSURE STATEMENT II ADDITIONAL DISCLOSURES List all kncwn contractors or businesses that have or will provide services with respect to the reqLested property use, including but not limited to the providers of architectural services, n~al estate services, financial services, accoonting services. and legal services: (Attach list if necessary) 1 "Pc rent-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 anl,ther corporation." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-:3101. } "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary rf!lationship, 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 enlity relationship include that the same person or substantially the same person own or manClge 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 S 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand 1I1St. upon receipt of notification (postcard) that the application has been scheduled for public hearing I am responsible for obl(lining and posting the required sign on the subject properly at least 30 days prior to the scheduled public hearing according to the instructions in this package. lhe undersigned also consents 10 entry upon the subject property by employees of the Department of Planning 10 photograph and view the site for purposes of processing and evaluating this application. ~c~J1 (II (Q Applicant s Sl~ nature ES~\mJ? 0 \ C e- Property Own~'r's Signature (If differenllhan applicant) Print Name Strom CiOSllrc- ,.\pplicJtion PH~Je 13 of 13 Rovls"d 7il1!20QE z IR ~ u t' f ~ ~ ~ ,ga p CI) o ~ U f-c ~ ga f-c CI) JACK FERREBEE, ET. AL. Agenda Item 12 Page 11 II I II 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 nollimited to the providers of architectural services. real estate services, financial services. accounting services. and legal services: (Attach list if necessary) I "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 ~ 22-3101. 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 activilies. 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 notificalion (postcard)thallhe application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on Ihe 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 Planning 10 pholograph and view the site for purposes of processing and evaluating this application. ~/J~N ,-;!JZ;Ck:,.;''t- -'i/U--J4C Applicanr;kignature / /" c/ / prop;ity Owner's Signature (if different th;;m applicant) I'~!_, I / }' ." _ ~~- ___I) .~ _,' _../<.--/101 ".c_c-F_'< /1.Lf__',:'<'- Print Ni:lJtl~ /--- Print Name Sfrt~~(.~ Cln~:llr(! ,L\ppltca~ll]n Pa;J~1301iJ He'""ec 7:'11,20')0 I ,II z o ... I ~ U I . ~ ~ ~ ~ :.::J CI) o ~ u ~ ~ ~ f-t CI) JACK FERREBEE, ET. AL. Agenda Item 12 Page 12 ~ DISCLOSURE STATEMENT II ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the req uested 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) 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.~:.31 01. 2 ")l.ffiliated business entity relationship' means"s 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 tn e other entity, or (iii) there is shared management or control between the business entities. Factors that should be considt;tred in detennining 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 day; 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 01 P.2?ning to photogr~ph and view ~ site for purposes of processing and evaluating this application. ce.'11~fJ.-~ (}.., +-b~ EL/Z-FJ8E!TJ./ e..I-~p ~... ~U~~ lJo~t'i F-, ftJWta, Ap icant's ~.ignature Print Name Property Owner's Signature (if different than applicant) Pllnt Name Stmsl Closure Apl,lication Page 13 of 13 Re,;j$~ 7/1112001; .-,,~.~'~ r."'~"""", "'''''",-V'':,''1<~''n'~k.~''.'''''A,:'~''''"~'&~~~r,",W':::&'.'.,;,~b,.,,,}h2:R.~?K.tT,d~gwt1ffJtat!~Ki1t'ii z o t I ;;; U ) I s: ea ga ;::J CI) o ~ U f-c ~ ga f-c CI) JACK FERREBEE, ET. AL. Agenda Item 12 Page 13 II I 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) I "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 9 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 nON: I certify that the information contained herein is true and accurate. I understand thaI. 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 Departmenl of Planning to photograph and view the site for purposes of processing and evaluating this application. ~~~ ,0..- licant's Signature ~ V ~"O,;\A-,/ WYM~,5r Print Name Property Owner's Signature (if diHerentthan applicant) Print Name Streol Closure Application Page 13 of 13 Re,;sw 7tl1f2006 I III z o I I ~ U I I ....:1 ~ ~ ~ ;:::J CI) o .....:1 U f--4 ~ ~ f-c en JACK FERREBEE, ET. AL. Agenda Item 12 Page 14 ADDENDUM A TO STREET CLOSURE APPLICATION John Oliver Wynne, Jr. 2'~9 55th Street Virginia Beach, Virginia 23451 Edmund Boice, III 21 J 55th Street Virginia Beach, Virginia 23451 757.491.0903 Betty Russo 213 55th Street Virginia Beach, Virginia 23451 7:;7-437-2550 Ja.ck E. Ferrebee and Mary B. Ferrebee 215B 55th Street Virginia Beach, Virginia 23451 7S7-425-1S39 John Power and Elizabeth Power 2] 7 55th Street Virginia Beach, Virginia 23451 757-428-8631 Jefferson Investors, LLC 2]4 A&B 216 C&D 218 E&F 56th Street Virginia Beach, Virginia 23451 7~7-428-J321 Fax: 757-491-7448 Ernail: blackbirdswinuv.iuno.com TGF, LC 210 56th Street Virginia Beach, Virginia 23451 804-762-70 ]4 DISCLOSURE STATEMENT JACK FERREBEE, ET. AL. Agenda Item 12 Page 15 I ill ). Item #12 Jack Ferrebee, et al Discontinuance, closure and abandonment of an alley Located between 55th Street and 56th Street from Holly A venue east to Myrtle A venue and adjacent to Lots A, B, C, 8,16,17,18,18,20 and Part of2] Block 10, Ubermeer District 5 Lynnhaven June 11, 2008 CONSENT Joseph Strange: The next item is item 12. An application of Jack Ferrebee for the discontinuance, closure, and abandonment of a portion of an alley located between 55th Street and 56th Street from Holly Avenue east to Myrtle A venue and adjacent to Lots A, B, C, 8, 16, 17, 18, 19,20, and Part of21, Block 10, Ubermeer, District 5, Lynnhaven, with five conditions. Janice Anderson: Welcome Mr. Tarkington. Jeffrey Tarkington: Thank you ma'am. Madame Chairman and members ofthe Commission, we also appreciate being placed on the consent agenda. We've reviewed the conditions. All ofthem seem reasonable and are acceptable. We have had two comments from the surrounding land owners, both of whom want to make certain that the alley was not to be improved as a thoroughfare. They now have no opposition. We've already contacted Virginia Power regarding one of the conditions that was recommended. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Phil Russo to review this item. Philip Russo: This is a request for the abandonment and closure of a portion of a 15- foot wide alley between 55th Street and 56th Street in the Lynnhaven District. This is an undeveloped IS-foot wide all~ between Holly Road and Myrtle Avenue. The property is located in the 200 block of 55 and 56th Streets. The applicant requests to close a portion of the 15 foot wide alley behind the single-family dwellings located in that block, which is between Holly Road to the west and Myrtle Avenue to the east. The entire 15-foot wide alley and the location is not included in the request. The property is located within the Chesapeake Bay Watershed, and a majority of the site consists of grass and trees. There does not appear to be any significant environmental features on the site. Staff recommends approval of this request, and therefore, we have placed this item on the consent agenda. Joseph Strange: Thank you Phil. Chairman, I have a motion to approve agenda item 12. 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 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 12 for consent. II I .1111 .. 1 IN THE MATTER OF CLOSING, VACATING AND 2 DISCONTINUING A PORTION OF THAT CERTAIN 3 UNIMPROVED ALLEY KNOWN AS "PORTION OF 4 15' WAY TO BE CLOSED (3,795 SQ. FT. OR 0.087 5 ACRES)" AS SHOWN ON THAT CERTAIN PLAT 6 ENTITLED "EXHIBIT OF PORTION OF 15' WAY TO 7 BE CLOSED FOR LOTS 8, 16, 17, 18, 19, 20 & 8 PART OF 21, BLOCK 10, UBERMEER (M.B. 7, PG. 9 150) AND LOTS A, B, & C, BLOCK 10, 10 RESUBDIVISION OF LOTS 9, 10, 11, & 12, 11 UBERMEER (M.B. 137, PG. 23) VIRGINIA BEACH, 12 VIRGINIA" 13 14 WHEREAS, Jack E. Ferrebee and Mary B. Ferrebee; John Oliver Wynne, 15 Jr.; Ed Boice, III; Betty Russo; John F. Power and Elizabeth C. Power; TGF, L.C. and 16 Jefferson Investors, L.L.C. (collectively the "Applicant") applied to the Council of the City 17 of Virginia Beach, Virginia, to have the hereinafter described street discontinued, 18 closed, and vacated; and 19 20 WHEREAS, it is the judgment of the Council that said street be 21 discontinued, closed, and vacated, subject to certain conditions having been met on or 22 before one (1) year from City Council's adoption of this Ordinance; 23 24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 25 Virginia Beach, Virginia: 26 27 SECTION I 28 29 That the hereinafter described street be discontinued, closed and vacated, 30 subject to certain conditions being met on or before one (1) year from City Council's 31 adoption of this ordinance: 32 . 33 All that certain piece or parcel of land situate, lying and being 34 in the City of Virginia Beach, Virginia, designated and 35 described as "PORTION OF 15' WAY TO BE CLOSED 36 (3,795 SQ. FT. OR 0.087 ACRES)" as shown on that certain 37 plat entitled: "EXHIBIT OF PORTION OF 15' WAY TO BE 38 CLOSED FOR LOTS 8, 16, 17, 18, 19,20 & PART OF 21, 39 BLOCK 10, UBERMEER (M.B. 7, PG. 150) AND LOTS A, B, 40 & C, BLOCK 10, RESUBDIVISION OF LOTS 9, 10, 11, & 41 12, UBERMEER (M.B. 137, PG. 23) VIRGINIA BEACH, 42 43 GPIN: 2419-70-8246-0000, 2419-70-8205-0000, 2419-70-7253-0000, 2419-70-7202- 44 0002,2419-70-6261,2419-70-7369, 2419-70-7317, 2419-70-6355, 2419-70-5373 1 "'" 45 VIRGINIA" Scale: 1 "=40', dated January 28, 2008, prepared 46 by Landscape Architecture Land Surveying Civil 47 Engineering, a copy of which is attached hereto as Exhibit A. 48 49 SECTION II 50 51 The following conditions must be met on or before one (1) year from City 52 Council's adoption of this ordinance: 53 54 1. The City Attorney's Office will make the final determination regarding 55 ownership of the underlying fee. The purchase price to be paid to the City shall be 56 determined according to the "Policy Regarding Purchase of City's Interest in Streets 57 Pursuant to Street Closures," approved by City Council. Copies of said policy are 58 available in the Planning Department. 59 60 2. The applicant shall resubdivide the property and vacate internal lot 61 lines to incorporate the closed area into the adjoining parcels. The plat must be 62 submitted and approved for recordation prior to final street closure approval. 63 64 3, Preliminary comments from the Virginia Dominion Power indicate that 65 they have facili'ties in the area proposed for closure, and, as such, a final written 66 agreement granting Dominion Virginia Power an easement shall be submitted and 67 reviewed durin~} final plat review. 68 69 4. The applicant shall verify that no private utilities exist within the right-of- 70 way proposed for closure. Preliminary comments from the utility companies indicate 71 that there are no private utilities within the right-of-way proposed for closure. If private 72 utilities do exist, the applicant shall provide easements satisfactory to the utility 73 companies. 74 75 5. Closure of the right-ot-way shall be contingent upon compliance with 76 the above stated conditions within one (1) year ot approval by City Council. It all 77 conditions noted above are not in compliance and the final plat is not approved within 78 one (1) year of the City Council vote to close the street, this approval will be considered 79 null and void. 80 81 SECTION III 82 83 1. If the preceding conditions are not fulfilled on or before July 7, 84 2009, this Ordinance will be deemed null and void without further action by the City 85 Council. 86 87 2. If all conditions are met on or before July 7, 2009, the date of final 88 closure is the date the street closure ordinance is recorded by the City Attorney. 2 I I 4J/o I dl 89 3. In the event the City of Virginia Beach has any interest in the 90 underlying fee, the City Manager or his designee is authorized to execute whatever 91 documents, if any, that may be requested to convey such interest, provided said 92 documents are approved by the City Attorney's Office. 93 94 SECTION IV 95 96 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 97 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 98 OF VIRGINIA BEACH as "Grantor" and JACK E. FERREBEE AND MARY B. 99 FERREBEE; JOHN OLIVER WYNNE, JR.; ED BOICE, III; BETTY RUSSO; JOHN F. 100 POWER AND ELIZABETH C. POWER; TGF, L.C. and JEFFERSON INVESTORS, 101 L.L.C. as "Grantee." 102 Adopted by the Council of the City of Virginia Beach, Virginia, on this 103 day of , 2008. CA-10572 V:\applications\citylawprod\cycom32\Wpdocs\D024\P003\00060757 .DOC R-1 June 24, 2008 3 APPROVED AS TO LEGAL SUFFICIENCY: IJj(j~~fkvv City Attorney EXHIBIT "A" ~9~~ .T~i ~c;b 't l!l \ - '6\ % s ~ \ 1 \11 56th "" "". ~ ~ ~~l ~ ~ ~ ~ \ :o'f .~ ;0.... ;0.... ;0.... l'" ~ ..cl s~" '0 '0 '0 '<11\" . "< _III) "'... "" <:I..... <:I..... <:I..... :; ~~ "u, ~ ha '1IlI ~~ ~i'" ~ ~ ~ ~ =;... ~ \:j %, 8. :;:. ~l \Jl~ '" . )l~ it 15' ~~ ~?" ~g '"'" <?). ~ :0:. ~ ~ t\ b ~ Ul ~ CO "d t ~ ~ 0 ~ ~ ? g ...,~ ~ t'" ,.... Z \I~ '0 0 :J ~ "'~ czz~ .41 t o. 't\\~%;~\\%~~~'\~ (j)O ... P: tr1 to ~ Cd t<:l ~ .;..: 0 ~ t".l 0 . t<:l 0 0"" )> ~. % ~: I?:, ~o 1 ~ '6 ~ ~ rm" ~ 1% l' 0 ,.,; txl o '" > \ll _ n \J 9:' ts1 ? ~ ;:: :J "d g N ~ ~ ~ \\ ~ ~ ~ ~ ~ - . ~ ~ )> 0 11 ~ o o '':OJ N ,.... {\) o ..J , o ~ =--- ..::::=. i ~-, ~~r:~ "' ~~!S~SSS ~ ~~~~~~~ V)~V)l;JJ """",,<;li ~~~~rn <:$cQ 0 ~C:l.o_ ~ -.;-.;-.; :.0 ~~ 0\0 ~t:\ !-<" ~~ "'''' ~~ . a Cl'" a<;' ". ""~ ",'< ~~ ~~ ;a ~ ~ ~~e~ _ l..t~ :~~~ ..... .1>:1. n, :: ::: ~ ::, f'-.~ ~~~ ~ ~: ~?:~'i S \ f H ~ ~ ~ ~ ~~ ; ~ ~ ~ ~ ~~ '! \ ~ ~ ~~ ~ ~ ~ :t ~ ~ %~~ ~ ~ (;) ~ ': ~ o -=: ~ :C eel ~ 'lIl to \:>>i:O~ >- ~ >Q ~~~.rc:! - '" ~ - . il.\~ ~ ;g ;<: :: LX !,~;,,~~ "-. ~ - s s ~ ~ j:! Il\ ~. li~ ~ ~.i~%\ ~ ~ '" :o'f..- ~ i?~~"S ). () _......~~~r~- ...t~SG');Z; Ut ~ 8.~l~~ ~ 0'" 10 ti\ )..~ . ~ t S ~ 50.00' - ~ PA.'JE.UO,n J s ~~~ ~~ ~~ :0:& o;~ ~~ I I I ,II - 45 - Item V-K.4. ITEM 57771 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of July 8,2008, Ordinance upon application of CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use Permit re motor vehicle sales and service: ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR CAR Co., INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND SERVICE Ordinance upon application of CHECKERED FLAG MOTOR CAR Co., INC. for a Conditional Use Permit for motor vehicle sales and service on property located at 5070 Virginia Beach Boulevard (GPIN 1467960131). DISTRICT 4 - BAYSIDE Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 24,2008 CHECM:ERED FLAG CUP - Motor Vehicle Sales & Service Relevant Information: · Bayside District . The Cllpplicant requests a Conditional Use Permit to allow use of the site fl)r motor vehicle sales and service. . The (lnly modification proposed to the building is the installation of a servil::e door on the northern end of the building. . Site I,ayout will remain as it is; however, a condition has been added to thE! Use Permit requiring the removal of a number of concrete pads which are located adjacent to Virginia Beach Boulevard (have been used by the adjacent car dealer to display vehicles). Evaluation and Recommendation: · Plann ing Staff recommended approval . Planning Commission recommends approval (9-0) · There was no opposition. I I III ~~..;~ ~_~1\') \. -~ i~ % f.,ff ~~y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use Permit for motor vehicle sales and service on property located at 5070 Virginia Beach Boulevard (GPIN 1467960131). DISTRICT 4 - BAYSIDE. MEETING DATE: July 8, 2008 . Background: The applicant requests a Conditional Use Permit to allow use of the site for motor vehicle sales and service. The site was originally developed as a more intense retail use, a sporting goods store. The site was most recently occupied by a furniture store. An automotive repair business exists to the north of the site, and a motor vehicle sales business is located to the east. The City Council deferred this item on June 24 at the request of the applicant. The Comprehensive Plan designates this site as being within the Primary Residential Area. The Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Primary Residential Area. Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities. . Considerations: The submitted site plan depicts the existing 50,902 square foot building situated 97 feet from Virginia Beach Boulevard, 159 feet from North Witchduck Road, 30 feet from the residential neighborhood to the east, and 161 feet from the automotive repair establishments to the north. Two-hundred fifty-nine (259) parking spaces, as well as landscaping and the stormwater management facility are also depicted on the plan. Entrances to the site are located both on Virginia Beach Boulevard and North Witchduck Road. The only change proposed to the building is the installation of a service door at the northern end of the structure. Existing vehicular entrances are located on Virginia Beach Boulevard and North Witchduck Road; mature landscaping is located along the perimeter of the site and within the parking areas. The only modification proposed to the building is the installation of a service door on the northern end of the building. Checkered Flag Motor Car Company, Inc. Page 2 of 3 The Planning Commission placed this item on the consent agenda because they felt that the proposal is an appropriate reuse for the vacant building, the proposE,d use is compatible to the surrounding uses in the area, and there was no opposition to the request. . Recommendations: The Pia nning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The parking lot shall be striped as depicted on the submitted concept site plan of "5070 WITCH DUCK ROAD, City of Virginia Beach, VIRGINIA", dated 3/28/08, prepared by LandMark Design Group. Said plan has been exhibited to th13 Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. VehiGles shall be parked within the delineated parking spaces, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms. 3. The landscaping shall be supplemented along Virginia Beach Boulevard and North Witchduck Road. The applicant shall request an inspection of the landscaping by Planning staff before a business license is issued to operate on the site. 4. A Lighting Plan andlor Photometric Diagram Plan shall be submitted during detai led site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those stanclards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 5. Them shall be no pennants, streamers, balloons, portable signs, or banners displayed on the site or the vehicles. 6. The ~;ite shall be permitted a monument style freestanding sign, no more than eight (8) feet in height. There shall be no neon signs or neon accents installed on ar;y wall area of the exterior of the building, windows, and lor doors, light poles, or any other portion of the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. 7. No outdoor speakers or public address system shall be permitted. I I I ,II Checkered Flag Motor Car Company, Inc. Page 3 of 3 8. All concrete, asphalt, and / or pavers that have been installed on the southeast portion of the site adjacent to (or within) the Virginia Beach Boulevard right-of-way and the used car dealership to the east shall be removed. This area shall be landscaped and the portion of the stormwater management facility depicted on the submitted site plan shall be re-installed. The applicant shall not permit use of this area for any motor vehicle sales, display or storage. This condition shall be met within 45 days of City Council approval and before a business license is issued to operate on the site. 9. All containers shall be removed from the site. 10. The applicant shall determine and provide written field verification of the as- built condition and functionality of the existing stormwater drainage infrastructure on site, and shall provide to the City Department of Planning / Development Services Center evidence of stormwater drainage rights into Witchduck Lake. . 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: K ~~ ~ CHEC:KERED FLAG MOTC)R CAR COMFtANY, INC. Agenda Item 1 0 May 14, 2008 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional UBe Permit for Motor Vehicle Sales and Service ADDRESS I DESCRIPTION: Property located at 5070 Virginia Beach Boulevard (northeast intersection of Virginia Beach Boulevard and Witchduck Road) GPIN: 14679601310000 COUNCIL ELECTION DISTRICT: 4 - BA YSIDE SITE SIZE: 5.15677 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow use of the site for motor vehicle sales and service. The submitted site plan depicts the existing 50,902 square foot building situated 97 feet from Virginia Beach Boulevard, 159 feet from North Witchduck Road, 30 feet from the residential neighborhood to the east, and 161 feet from the automotive repair establishments to the north. Two-hundred fifty-nine (259) parking spaces, as well as landscaping and the stormwater management facility are also depicted on the plan. Entrances to the site are located both on Virginia Beach Boulevard and North Witchduck Road. The only change proposed to the building is the installation of a service door at the northern end of the structure. LAND USE AND ZONING INFORMATION EXISTING LAI"D USE: Vacant commercial building (former furniture store), associated parking, and landscaping SURROUNDING LAND North: . USE AND ZONING: South: . . East: . West: . . Automotive Repair / B-2 Community Business District Virginia Beach Boulevard Across Virginia Beach Boulevard, Motor Vehicle Sales / B-2 Community Business District Single-family dwellings I R-7.5 Residential District Witchduck Road Across Witchduck Road. retail store and automotive repair / B-2 CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Item 10 Page 1 Ii I I II Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The site is developed with a commercial building, parking areas, and landscaping. There are no significant natural resources or cultural features associated with 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): Virginia Beach Boulevard in front of this site is an eight-lane divided major urban arterial. The Master Transportation Plan (MTP) designates a divided facility within the existing 150-foot right-of-way section. North Witchduck Road in front of the site is a four-lane divided minor urban arterial. The MTP proposes a divided facility with a bikeway within a 100-foot wide right-of-way section. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Virginia Beach 40,288 ADT 1 56,240 ADT Existing Land Use L - Blvd 258 ADT Proposed Land Use 3 - North Witchduck 19,206 ADT 22,800 ADT 1,697 ADT Road Average Dally Tnps 2 as defined by a furniture store (6 AM peak /11 PM peak) 3 as defined by motor vehicle sales and service (77 AM peak / 52 PM peak) WATER and SEWER: This site is connected to City water and sewer. STORMWATER MANAGEMENT: The applicant should be aware that this site falls within the Witchduck Lake storm water management area. This particular site is one of four that are the subject of active litigation between the City and Witchduck Lake Enterprises, Inc. The applicant must determine and provide written field verification of the as-built condition and functionality of the existing storm water drainage infrastructure on site. The applicant shall also contact Mr. Dallas Norman of Witchduck Lake Enterprises, Inc. ("WLE"), which asserts drainage rights in the lake, to determine whether and to what extent WLE contends the applicant's drainage rights are insufficient. SCHOOLS: School populations are not affected by the request. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Item 10 Page 2 Comprehensive Plan: The Comprehensive Plan designates this site as being within the Primary Residential Area. The Plan recognizes th'3 primacy of preserving and protecting the overall character, economic value and aesthetic quality of the:;table neighborhoods in the Primary Residential Area. Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities. Evaluation: Staff finds the request for motor vehicle sales and service is acceptable and compatible with surrounding uses subject to the conditions listed below. The site was originally developed as a more intense retail use, a sporting goods store. The site was most recently occupied by a furniture store. Automotive repair exists to the north of the site. Existing vehicular entrances are located on Virginia Beach Boulevard and North Witchduck Road; mature landscaping is located along the perimeter of the site and within the parking areas. The only modification proposed to the building is the installation of a service door on the northern end of the building. As noted above in the storm water management section, the applicant will have to address the fcd that this site falls within the Witchduck Lake stormwater management area and is one of four sites that are the subject of active litigation between the City and Witchduck Lake Enterprises, Inc. The applicant will have to work with Witchduck Lake Enterprises and the City to determine and provide written field vE!rification of the as-built condition of the existing storm water management system and functionality. CONDITIONS 1. The parking lot shall be striped as depicted on the submitted concept site plan of "5070 WITCHDUCK ROAD, City of Virginia Beach, VIRGINIA", dated 3/28/08, prepared by LandMark Design Group. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. Vehicles shall be parked within the delineated parking spaces, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms. 3. The landscaping shall be supplemented along Virginia Beach Boulevard and North Witchduck Road. The applicant shall request an inspection of the landscaping by Planning staff before a business licensu is issued to operate on the site. 4. A Lighting Plan andlor Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parki",~ area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-Iellel security lighting for non-business hours. 5. There shall be no pennants, streamers, balloons, portable signs, or banners displayed on the site or the vellicles. 6. The sile shall be permitted a monument style freestanding sign, no more than eight (8) feet in height. There shall be no neon signs or neon accents installed on any wall area of the exterior of the building, windows, and 1 or doors, light poles, or any other portion of the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Item 10 Page 3 I I III 7. No outdoor speakers or public address system shall be permitted. 8. All concrete, asphalt, and lor pavers that have been installed on the southeast portion of the site adjacent to (or within) the Virginia Beach Boulevard right-of-way and the used car dealership to the east shall be removed. This area shall be landscaped and the portion of the stormwater management facility depicted on the submitted site plan shall be re-installed. The applicant shall not permit use of this area for any motor vehicle sales, display or storage. This condition shall be met within 45 days of City Council approval and before a business license is issued to operate on the site. 9. All containers shall be removed from the site. 10. The applicant shall determine and provide written field verification of the as-built condition and functionality of the existing storm water drainage infrastructure on site, and shall provide to the City Department of Planning I Development Services Center evidence of stormwater drainage rights into Witchduck Lake. 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. CHECKERED FLAG MOTOR CAR COMPANY. INC. Agenda Item 10 Page 4 I. · oil I ,h, if hi I ill !hu.HII!c,lIlilul .Jl.. . . 1 . ... . ... a.l). 0 EI . I u i. :!i ! ii ~ .. ft ! :t II: ~~ I t i " \ f 0 I II! !l ;f; ill 0 II Iii -I. 111 ill 5~1 ~j~1 1;1* !p ~F hit .lu c/ i '.I,!I I . ! ii, i t I .:~ II. 'i I ! I , ill j t - 1711 .!IIIIl!lt · 1111'.0.0. I ;.111111 ~" I. I t I II .1. I "~I ,IIIII.l1i'l r. I 'iii p. II Iii I I i! 1 tllll'l it Iii .111. II · qPIl'.1l . I 11! It II n Ill, i)\ ,I' . d .. .-!I r. .' u (" . ~lil ~i ~, ~I ~BI ~BI ~, ~ PROPOSED SITE PLAN CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Item 10 Page 5 ,\\ \ ~l\ ~\ I) ,>J .;:.Y > - r;;'- . .-'" ".\ ~~~ PROPOSEO B\J\\.O\NG E\.E" A1\ON C~ECI<EREO flAG ",010R C"R CO",p"N'I, IN p..genda \\e{'(\ pag CUP - Motor Vehicle Sales & Service 1. 6/27/88 6/13/88 1 0/20/86 11/18/85 6/24/85 12/14/81 1/23/67 7/13/93 12/14/93 2/22/94 3/14/95 3/15/01 11/28/06 Street Closure Reconsideration of Conditions Conditional Use Permit (Automotive Sales and Service) Rezoning (R-6 Residential to B-2 Business) and Street Closure Conditional Use Permit (Automotive repair - expansion) Rezoning (R-6 Residential to B-2 Business) Conditional Use Permit Billboard Conditional Use Permit Motor Vehicle Rental Conditional Use Permit Automotive Re air and Service Rezonin A-12 A artment to B-2 Business Conditional Use Permit Motor Vehicle Sales and Service Street Closure Conditional Use Permit School 2. 3. 4. 5. 6. 7. ZONING HISTORY CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Item 10 Page 7 I I 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, pa ners, etc. below: (Attach list if necess~) l 2. list all businesses that have a pare -subsidiary' or affiliated business entitl r~ationship with the applicant: (Attach list if necessary) ~~L .\)$I~J \~ ' G pe I lRd?\c~\fto Des:&) 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) ~ ----- 2. List all businesses that have a parent-subsidiary 1 or affiliated business entitl relationship with the applicant: (Attach list if necessary) 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 ~f he City of Virginia Beach have an interest in the subject land? Yes _ No If yes, what is the name of the 0 cia I or employee and the nature of their interest? Conditional Use Perm,t Applicalion Page 9 of 10 Revised 71312007 I II z o I I ~ U I I ~ ~ ~ f--t ~ ~ ~ ~ CI:} ~ ~ o I I f--t I I Q Z o u CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Item 10 Page 8 z o I t r cd ADDITIONAL DISCLOSURES r '"' Li:;t 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 I I se rvices, real estate services, financial services, accounting services, and legal ~ t~qes: (A h list if necessary) ~J ~ I I ~ ~ ~ ~ CI:I ;:::J ~ o I t ~ I I Q Z o C..) DISCLOSURE STATEMENT 1 "Parent-subsidiary ationshi p" means "a relationship that exists when one co'poration directly or indirectly owns shares possessing more than 50 percent of the voting pONer of another corporation," See State and Local Government Conflict of Interests Act. Va. Cede ~ 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 int.~rest 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 enl:ities. Factors that should be considered in determining the existence of an affiliated bUl,iness entity relationship include that the same person or substantially the sam'e person own or manage the two entities: there are common or commingled funds or assets; the bw,iness 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 ur,derstand that, upon receipt of notification (postcard) that the application has been scheduled for put,lic hearing, I am responsible for obtaining and posting the required sign on the subject property at lea:;t 30 days prior to the scheduled public hearing according to the instructions in this package. The une ersigned al consents to entry upon the subject property by employees of the Department of Pia 1ning to ph aph d view the site for purposes of processing and evaluating this application Pro:>erty Owner's Signature (if different than applicant) Print Name Conditional Use Perm.t Application Page 1001 10 Revised 7/312007 CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Item 10 Page 9 I I I II Item #10 Checkered Flag Motor Car Co., Inc. Conditional Use Permit 5070 Witchduck Road District 4 Bayside May 14, 2008 CONSENT Joseph Strange: The next matter is agenda item 10. This is an application of Checkered Flag Motor Car Company, Inc. for a Conditional Use Permit for a motor vehicle sales and service on property located at 5070 Virginia Beach Boulevard, District 4, Bayside, with 10 conditions. Billy Garrington: Thank you Madame Chairwoman and members of the Planning Commission, for the record, I'm Billy Garrington. I'm proud to be here on behalf of the applicant Checkered Flag Motor Car Company. As you heard, the property is known as 5070 Witchduck Road in the City of Virginia Beach. There are 10 conditions attached to the staffs write up. We are in total agreement with those 10 conditions and we thank you for putting us on consent. Janice Anderson: Thank you. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? The Chair has asked David Redmond to review this item. David Redmond: Thank you Mr. Strange. The applicant Checkered Flag Motor Car Company, Inc. requests a Conditional Use Permit to allow use of the site for motor vehicle sales and service. The Comprehensive Plan designates this site as being within the primary residential area. The plan recognizes the privacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the primary residential area. However, limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighbors providing effective measures are taken to ensure compatibility and non proliferation of such activities. Staff finds the request for motor vehicle sales and service is acceptable and compatible with the surrounding uses. The site was originally developed as a more intense retail use, a sporting goods store, and most recently was occupied by a furniture store, which you all remember as Bloom Brothers Furniture. Automotive repair exists to the north of the site. Existing vehicular entrances are located on Virginia Beach Boulevard and North Witchduck Road, and mature landscaping is located along the perimeter of the site and within the parking areas. The only modification to the proposed the building is the installation of the service door on the northern end of the building. Again, staff supports this application. The Planning Commission is unaware of any opposition, and we believe that is property an appropriate reuse of this vacant building and associated property. As such believe it as best dealt with, and approve by consent. Thank you. Item #10 Checkered Flag Motor Car Co., Inc. Page 2 Joseph Strange: Thank you Dave. Chairman, I have a motion to approve agenda item 10. Janice And~rson: Thank you. I have a motion by Joe Strange and a second by Barry Knight. AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTRI:E HENLEY AYE HORSLEY AYE KA TSIAS KNIGHT AYE LIVAS AYE REDMON)[) AYE RUSSO AYE STRANGE AYE ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item 10 for consent. LOREy-rA LANE, LLC oC:;::Jc:::;:, ..,. ." Relevant Information: · Beach District · The clpplicant requests a Conditional Use Permit to allow a bulk storage yard for landscape materrals including mulch, stone, soil, and plant materials. · Thirty-eight (38) new trees and 40 new shrubs are proposed along Loretta Lane and the western property line, all native species, as a component of a buffer restoration plan in the Chesapeake Bay Resource Protection Area (RP A). · The C!lpplicant has been working with the Chesapeake Bay Board staff to develop a plan for restoration of the RP A. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0) · TherE! was no opposition. Consent Agenda. I 1 I I: , ~.....~ ~""~~;b fir~~..~ -r)\'~ \\\~ lif l:.:....~.....t./ "{~,~.... ~J ~".;r' CITY OF VIRGINIA BEACH AGENDA ITEM ~ \.. ~ ITEM: LORETTA LANE, L.L.C. for a Conditional Use Permit, for bulk storage on property located at the western extremity of Loretta Lane, approximately 600 feet west of North Birdneck Road (GPIN 2417454343). AICUZ is Greater than 75 and APZ-1. DISTRICT 6 - BEACH. MEETING DATE: July 8, 2008 . Background: The applicant requests a Conditional Use Permit to allow a bulk storage yard for landscape materials including mulch, stone, soil, and plant materials. In 2003, the Comprehensive Plan Map designated this area of the city as a Primary Residential Area. The recent amendment to the Comprehensive Plan for this area, the Accident Potential Zone-1/Clear Zone (APZ-1/CZ) Master Plan, recommends this site for non-residential use. Further, the APZ-1/CZ Master Plan specifies "storage of building materials" as a compatible infill business use. . Considerations: The site plan depicts a yard of gravel surrounded by an existing 6-foot tall chain link fence along the east and south property lines. There is one vehicular access to the site from Loretta Lane. A pedestrian access gate is located near the rear of the bulk storage area that allows access to the northern portion of the property for maintenance purposes. Typical work hours are from 7:00 a.m. to 7:00 p.m., depending on the season and availability of daylight. No buildings or exterior lighting is proposed for the site. Along the northern, western, and a portion of the southern property line, there are both woods and marsh that naturally curtail access to the site. Thirty-eight (38) new trees and 40 new shrubs are proposed along Loretta Lane and the western property line, all native species, as a component of a buffer restoration plan in the Chesapeake Bay Resource Protection Area (RPA). The applicant is seeking a waiver for site improvements to allow the bulk storage yard to be gravel instead of asphalt pavement. The applicant is also requesting a waiver to the required Category VI screening and the continued use of the existing 6-foot tall chain link fence and vegetation in lieu of installing a new six (6) foot tall solid fence with Category VI landscaping. Loretta Lane, L.L.C. Page 2 of 3 Staff and the Planning Commission supports the applicants' request to waive on- site improvements, as well as the request to waive Category VI landscaping along portions of the property lines. The woods and marsh that naturally curtail access to the site effectively buffer and secure the site without the need to install a solid fi:mce or additional landscaping in this area. Allowing a gravel surface area is acceptable as long as a stormwater management plan is submitted to ensure stormwater is managed in accordance to City regulations. Overall, the proposed improvements should enhance the appearance of the site from the street and reduce the impacts on the Chesapeake Bay. The Plallning Commission placed this item on the consent agenda because the proposed improvements will enhance the site, provide further protection to the part of the property which falls within the Chesapeake Bay Preservation Area, 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. Deve,lopment of the site shall substantially conform to the site plan entitled "Site Plan for Bulk Storage Facility; Property of Loretta Lane, LLC." dated March 31, 2008. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. A stormwater management plan must be submitted within sixty (60) days to the Planning Department / Development Services Center for review and approval. 3. The Hquipment storage yard shall have Category VI screening and a solid fenCE! of at least six (6) feet tall along the southern entrance and a portion of the eastern property line. The Category VI screening shall be required adjacent and parallel to the existing and proposed chain link fence as shown on the above-mentioned site plan. The Category VI screening with 6-foot tall solid fencing shall also extend 20 feet to the west of the existing chain link fenCE! along the front property line. Category VI screening in these areas shall be in accordance to the requirements, as specified in the Landscape, ScreEming, and Buffering Specifications and standards for the City of Virginia Beach. 4. The Elquipment storage yard may be gravel provided that the Planning Department / Building Code Official reviews and approves a formally requE!sted waiver. In such case, the bulk storage yard shall consist of at least six-inches of aggregate and shall be delineated with curb-stops, or some other City-approved material to contain the aggregate within storage area. I I I II Loretta Lane, L.L.C. Page 3 of 3 5. Only storage of landscape materials including mulch, stone, soil, and plant materials shall be permitted on the site. Only equipment and vehicles used in the conduct of the business on a daily basis shall be shall be stored on the site. 6. No outdoor storage of inoperable parts, equipment, or vehicles shall be permitted. 7. The area earmarked for restoration on the above-mentioned plans shall be in receipt of no less than 75 trees, (50% evergreen and 50% deciduous), 100 shrubs, and 3 to 4 inches of organic material. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department i\\.~ City Manager: ~ k-, ~1lYl't r: LORE'TT A LANE, LLC Agenda Item 7 June 9, 2008 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for bulk storage yard. ADDRESS I DESCRIPTION: Property is located north of the Loretta Lane and Millers Lane intersection, west of Birdneck Read. GPIN: 24174543430000 COUNCIL ELECTION DISTRICT: 6-BEACH SITE SIZE: 2.028 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a bulk storage yard for landscape materials including mulch, stone, soil, and plant materials. Typical work hours are from 7:00 a.m. to 7:00 p.m., depending on the season and availability of daylight. Employees are generally on the site for short periods of time to accept deliveries and load materials. No buildings or exterior lighting is proposed. The site plan depicts a yard of gravel surrounded by an existing 6-foottall chain link fence along the east and south property lines. There is one vehicular access to the site from Loretta Lane. A pedestrian access gate is located near the rear of the bulk storage area that allows access to the northern portion of the property for maintenance purposes. Along the northern, western, and a portion of the southern property line, there are both woods and marsh that naturally curtail access to the site. Thirty-eight (38) new trees and 40 new shrubs are proposed along Loretta Lane and the western property line, all native species, as a component of a buffer restoration plan in the Chesapeake Bay Resource Protection Area (RPA). Previously, when the property was not under the control of the applicant, illegal dumping occurred in the most sensitive portion of the Chesapeake Bay Preservation A-ea, the Resource Protection Area. The applicant has been working with the Chesapeake Bay Board staf'to develop a plan for restoration of the area. The applicant iB seeking a waiver for site improvements to allow the bulk storage yard to be gravel instead of asphalt pavement. The applicant is also requesting a waiver to the required Category VI screening and the continued use of the existing 6-foot tall chain link fence and vegetation in lieu of installing a new six (6) foot tall solid fence with Category VI landscaping. LORETTA LANE, LLC Agenda Item 7 Page 1 I I III LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped site, previously used for bulk storage SURROUNDING LAND USE AND ZONING: North: South: East: West: . Storage and warehouse structures /1-1 Industrial District . Vacant land and mini-warehousing / 1-1 Industrial District . Single-family dwelling / 1-1 Industrial District . Vacant land /1-1 Industrial District NATURAL RESOURCE AND CULTURAL FEATURES: The site is located within the Chesapeake Bay Resource Protection Area. The northern, southern, and western portions of the site are impacted by marsh and include woods that will remain undisturbed. The proposed bulk storage yard and restoration is considered redevelopment according to the Chesapeake Bay Board staff, because the proposal significantly cleans and restores land that has been previously disturbed. No Chesapeake Bay Board approval is therefore required. The applicant has worked with the City's Chesapeake Bay Board staff to ensure the Chesapeake Bay features on the site are protected and restored. AICUZ: The site is in an AICUZ of Greater than 75 dB .Ldn and Accident Potential Zone 1 (APZ 1) surrounding NAS Oceana and is subject to an easement owned by the United States Navy. The use is compatible with this AICUZ, and the Navy reports that the use is allowed under the terms and conditions of the easement. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN lMTP) I CAPITAL IMPROVEMENT PROGRAM lCIP): Birdneck Road near this application is a 90-foot wide right-of-way, and the Master Transportation Plan shows Birdneck Road as a divided roadway with a bikeway with an ultimate right-of-way width of 100 feet. Capital Improvement Program Project 2-149 is currently under construction on this road. Loretta Lane and Miller Lane are local streets and no traffic counts are available for these roadways. LORETTA LANE, LLC Agenda Item 7 Page 2 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Birdneck Road 17,253 ADT I 22,800 ADT (Level of Existing Land Use 2 - Service "0") 154 ADT Proposed Land Use 3 - 114 ADT Average Dally Tnps 2 as defined by 2.028 acres zoned 1-1 3 as defined by 2 acres of bulk storage yard WATER & SEWER: No water or sanitary sewer is required for this use at this location. Recommendation: Staff recomme'lds approval of this request with thl;! conditions below. EVALUATION AND RECOMMENDATION Comprehensi"e Plan: The Comprehensive Plan Map designates this area of the city as a Primary Residential Area. The City's Comprehensivo Plan states that the objective of the Primary Residential Area is to protect the predominantlY3uburban character that is defined, in large measure, by the stable neighborhoods of the area. This parGel is specified on the Accident Potential Zone-1/Clear Zone (APZ-1/CZ) Master Plan 'as a site for non-residential use. Further, the APZ-1/CZ Master Plan specifies "building materials" as a compatible infill business use. Evaluation: The proposal i~, compatible with the other surrounding industrially zoned uses. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal will also provide added protection to the Chesapeake Bay Watershed with the proposed restoration plan. There is a residential dwelling just east of the site; however the natural vegetation and required Category VI screening should provide an adequate buffer between the proposed use and adjacent residential. Staff supports the applicants' request to waive on-site improvements, allowing a gravel bulk storage yard, as well as the request to waive Category VI landscaping along the northern, western, and a portion of the southern and eastern property lines. The woods and marsh that naturally curtail access to the site effectively buffor and secure the site without the need to install a solid fence or additional landscaping in this area. There are also no objections to allowing a gravel bulk storage yard as long as a stormwater management plan is submitted to ensure stormwater is managed in accordance to City regulations. The proposed concrete curb-cut will help ensure adjacent public streets are maintained and clean. Overall, the proposed inprovements should improve the appearance of the site from the street and reduce the impacts on the Chesapeake Bay. As such, staff recommends approval of the request with the conditions listed below. LORETTA LANE, LLC Agenda Item 7 Page 3 I I I II CONDITIONS 1. Development of the site shall substantially conform to the site plan entitled "Site Plan for Bulk Storage Facility; Property of Loretta Lane, LLC." dated March 31, 2008. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. A stormwater management plan must be submitted within sixty (60) days to the Planning Department / Development Services Center for review and approval. 3. The equipment storage yard shall have Category VI screening and a solid fence of at least six (6) feet tall along the southern entrance and a portion of the eastern property line. The Category VI screening shall be required adjacent and parallel to the existing and proposed chain link fence as shown on the above-mentioned site plan. The Cateaorv VI screenina with 6-foot tall solid fencina shall also extend 20 feet to the west of the existina chain link fence a/ona the front property line. Category VI screening in-tAi6 these area~ shall be in accordance to the requirements, as speCified in the Landscape, Screening, and Buffering Specifications and standards for the City of Virginia Beach. 4. The equipment storage yard may be gravel provided that the Planning Department / Building Code Official reviews and approves a formally requested waiver. In such case, the bulk storage yard shall consist of at least six-inches of aggregate and shall be delineated with curb-stops, or some other City- approved material to contain the aggregate within storage area. 5. Only storage of landscape materials including mulch, stone, soil, and plant materials shall be permitted on the site. Only equipment and vehicles used in the conduct of the business on a daily basis shall be shall be stored on the site. 6. No outdoor storage of inoperable parts, equipment, or vehicles shall be permitted. 7. The area earmarked for restoration on the above-mentioned plans shall be in receipt of no less than 75 trees, (50% evergreen and 50% deciduous), 100 shrubs, and 3 to 4 inches of organic material. 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. LORETTA LANE, lLC Agenda Item 7 Page 4 ''l la! ( \ ~1 ; .1\ '" ~\ ~. !~ ~ :;( i F " ~ 10 \ ! !t:.. I Iii 1\'""'\ 11\\\1,,\ \1II..I~l"",,,,,H'\'" II ~ \ i' i i \ '~\\tl\' \ lil\ll\,.\HII.\\\\.\I\!\lI\ \~\\l\il"llt\O \* 14 i\i~ W.\ " U\!ft\\1- "\' .\11\1\ \ \ \ I.. i~l"'" .~, I.-h ..f ~..I ~----- -- .-.-..--------. - 1 ~a~i 'I~J .. - . ~.--- .. :.....-.~~.. ~~.~ ... ". -- ----: .---------....J ...........,..cl - ~,--- It - 'II . . -~ \ANf- ~ .........) , ~ i = ~ ' ., ~ . \\ I ~I ~~ ~"'L.. .~ I '..: 3... i ~ 1 -, r~.m,..,..i '" ~ Uttl,EI, OF o!:\ .' , , ,', llUlJt !!~. ~l ~ , . \ FA....-. - z I ~Ji , FOIl l1' 0 ., .~,t \,:-....-rTA' A": LLC 'i.!! \)FRO'-~" JOI'H L ~ .,.,;OOA1L~. LIO ~.....--....'~-- .,\1.....-~ ...... ~....... J,IfN ("1>1) ....... aUa. (~ ...._... rAA .. ---~ (0" A ~. . , t\ . '...-- ...f(t~tw' PROPOSED SITE PLAN LORETT A LANE, LLC Agenda 'tem 7 Page 5 I I I II I 'I' Ii' ;' :".1 " , ,. Iii.".: ;". ,,; I lil!I~;II~lllllilllm'll:m 1!IIH!!!il;li~!1l1l111 N"llil,t i H+III'1 I :~:', Ii: . ,,\ - I I _. -.......t- -... i'':'':;:'' '_;~~~:~:Ii~::~'~~~... -. , .' ~. ._.t..........-~~.::.- .. \ . ..-.:.:....-..~J ~~~ .J ," ",r ';.k- ';..c_ :'2~f~'-=:/;t~t~:~ :- -. --- -- ''; ...~. "fl; ... i;.:: t~ ;- ; i ;:.,;;;/ ,-,.: ~~-- \r T !~ " "'", \. . '. t:~____ "'l ! '" .\ ; ... ~~ PLAN SHOWING RESTORATION AREA LORETTA LANE, LLC Agenda Item 7 Page 6 oc::::Jc::::;, 000 CUP - Bulk Storage Yard # Date Description Action 1 1-11-8e. Conditional Use Permit (gas station & store) Granted 9-14-87 Conditional Use Permit (Qas station) Granted 2 10-12-87 Conditional Use Permit (automobile service & wash) Granted 3 7-5-83 Conditional Use Permit (billboards) Granted 4 5-11-87 Conditional Use Permit (church addition) Granted 5 8-8-00 Conditional Use Permit (fiberoptic transmission facility) Granted 6 7-18-06 Conditional Use Permit (bulk storage) Granted 7 12-3-02 Conditional Use Permit (church) Granted 8 2-10-98 Zoning Change (A-12 to R-5S) Granted ZONING HISTORY LORETTA LANE, LLC Agenda Item 7 Page 7 I I 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) Loretta Lane, LLC John X. Aragona, III Sole Managing ~ember 2. List all businesses that have a parent-subsidiar/ or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None 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) 2. List all businesses that have a parent-subsidiary1 or affiliated business entit? 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 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? lCondrt.onal Use Perm,t Appllcalton Page 70t8 Revised 4126/2007 I .II z <=> I I ~ c~ I I ~ ~ ea f--4 ~ ~ ~I ~ ~ ; ~ ~ c.:: ~ I I f--4 I I ~ Z c.::~~ C ':l DISCLOSURE STATEMENT LORETTA LANE, LLC Agenda Item 7 Page 8 z; 01 I t: ~: ~ C. ~I I I I , ~ ~ F--4 ~ ~ ~. ~ ~ : ~ ~ c:~~ I I F--4 I I Q Z c:-=~ Q 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) Virginia Mulch & Materials, 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. Va. Code 9 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 wor1<ing relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code 9 22-3101 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 pnor to the scheduled pUblic hearing according to the instructions in this package. The undersi also consents to entry upon the subject property by employees of the Department of Pia . g to hotogr h and view the site for purposes of processing and evaluating this application -:SOh ~ i\0.60tPA. Print Name Property Owner's Signature (if different than applicant) Print Name londltional Use Permit ApplICation Page 8 of 8 Revised 4/26/2007 DISCLOSURE STATEMENT LORETTA LANE, LLC Agenda Item 7 Page 9 I I I ,II Item #7 Loretta Lane, L.L.C. Conditional Use Permit Western extremity of Loretta Lane District 6 Beach June 11,2008 CONSENT Joseph Strange: The next item is item 7. This is an application of Loretta Lane, L.L.c. for a Conditional Use Permit for bulk storage. The property is located at the western extremity of Loretta Lane approximately 600 feet west of North Birdneck Road, District 6, Beach, with seven conditions. Janice Anderson: Welcome Mr. Watson. Les Watson: Madame Chairman and members of the Commission, my name is Les Watson. I'm a local attorney and represent the applicant. We have reviewed the conditions and they are all acceptable. We appreciate being placed on the consent agenda. Joseph Strange: Thank you. 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. As stated, the property is located north of Loretta Lane and Miller Lane intersection, west of Birdneck Road. The applicant requests a Conditional Use Permit to allow a bulk storage yard for landscape materials including mulch, stone, soils and plant materials. Typical work hours are from 7:00 a.m. to 7:00 p.m., depending on the season and availability of day light. No building or exterior lighting is proposed. The site plan depicts a yard of gravel surrounded by a existing six foot tall chain link fence along the east and southern property lines. Quite an extensive buffer plan is proposed for this. Part of this naturally falls within the Chesapeake Bay Preservation Protection Area and there were 38 trees and 40 shrubs that are proposed to enhance that area. The applicant is seeking a waiver to site improvement to allow a bulk storage yard of gravel instead of the asphalt pavement. The applicant is also requesting a waiver ofthe required Category VI screening and the continued use of the existing six foot tall chain linked fence and vegetation in lieu of the new six foot tall solid fence and Category VI screening. There is a residential dwelling just east of the site, however, the natural vegetation and required Category VI screening should provide an adequate buffer between the proposed use and the adjacent resident. Staff supports the applicant's request to waiver the onsite improvements to allow a gravel bulk storage yard, as well as a request to waiver the Category VI landscaping along the northern western and a portion of the southern and eastern property lines. Staff is recommending approval so therefore, Planning Commission has placed this on the consent agenda. Thank you. Joseph Strange: Thank you AI. Chairman, I have a motion to approve agenda item 7. Item #7 Loretta Lane, L.L.C. Page 2 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 7 for consent. HUNT ICLUB FARMS c0"2 o -' MOllification ot Conditions Relevant Information: · Princ:ess Anne District . The applicant requests a Conditional Use Permit to allow use of the site for a commercial recreational I entertainment facility of both an indol)r and outdoor nature. The Use Permit will replace existing Use PerlTlits for a Halloween event and a seasonal display between Thanksgiving and New Year's. . The applicant provided exhibits for both the Halloween and Winter Wonderland events. Each plan is a graphic depiction of traffic movt!ment, parking, signage, pedestrian access, and location of each event. The applicant has also developed a policy manual for event staff to properly maintain and control the operation of events. Evaluatiolrl and Recommendation: · Planning Staff recommended approval . Planning Commission recommends approval (10-0) · Them was no opposition. Consent Agenda. I I I II , ~, 1"'11' !Oo~;O;~ b ~{~"~ ~~~ b ~.. ",4'... ~ CITY OF VIRGINIA BEACH AGENDA ITEM '"" \.... .) ITEM: HUNT CLUB FARMS for a Conditional Use Permit for recreation facilities of an outdoor nature on property located at 2356-2400 London Bridge Road (GPINs 2405900607; -0218; -812185; -914155). DISTRICT 7 - PRINCESS ANNE. MEETING DATE: July 8,2008 . Background: The applicant requests a Conditional Use Permit to allow use of the site for a commercial recreational/entertainment facility of both an indoor and outdoor nature. The applicant has a Conditional Use Permit for a recreational and amusement facility granted by City Council on October 22, 1991 for Halloween events. The applicant also has a Conditional Use Permit granted by City Council on November 9,2004 permitting a commercial recreational/ entertainment facility to allow a seasonal display between Thanksgiving and New Year's Day. Since that time, business for both activities has increased, and complaints from surrounding property owners that the activities occurring on the site were adversely affecting the area have also increased. The applicant then requested a Modification of Conditions to the November 9, 2004 Conditional Use Permit. This Modification of Conditions was approved by City Council on November 14, 2006, with one year expiration. City Council placed this time limit due to complaints from the surrounding property owners regarding noise, parking and traffic. The City Council agreed that the applicant needed to meet with and address the issues enumerated by the surrounding property owners, as well as submit one application for a Conditional Use Permit that comprehensively addressed all of the activities on the site. . Considerations: The proposed Use Permit request operation greatly affects the character and safety of the area. Given the magnitude of the expected attendance to the events, the traffic and parking demand created by the use has been a major impact on the adjacent residential uses and has hindered the normal traffic of the roadways. London Bridge Road is a 4-lane divided road and appears to be subject to traffic backups during peak times of operation. Also, the neighbors of the subject site had issues with losing direct access to the ingress/egress that provides connection from their properties to London Bridge Road. Finally, the increased number of patrons at the facility increases the safety risks that come along with increased traffic movement. Hunt Club Farms Page 2 of 3 At the suggestion of City Council, meetings with the applicant, the applicant's representative, neighbors, and City staff were held to discuss the concerns and address the issues. Through those discussions, the applicant provided site plans for both the Halloween and Winter Wonderland events. Each plan is a graphic depiction of traffic movement, parking, signage, pedestrian access, and location of each event. The applicant has also developed a policy manual for event staff to properly maintain and control the operation of events. The Planning Commission placed this item on the consent agenda because the applicant has worked with neighbors and staff to develop measures to alleviate past concerns of traffic and number of activities, the Use Permit consolidates all of the aGtivities into one permit, 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 activities shall be operated as depicted on the submitted exhibit "HALLOWEEN EVENT ACCESS PLAN", dated January 18, 2008, prepared by Gallup Surveyors and Engineers, Ltd. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Depclrtment. 2. The activities shall be operated as depicted on the submitted exhibit "HOLIDAY DISPLAY EVENT', dated October 17,2007, prepared by Gallup Survoyors and Engineers, Ltd. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The Halloween event shall be in operation from October 1 st through October 31st. The hours of operation shall be from 7:00 p.m. until 11 :00 p.m. 4. The \'Vinter Wonderland event shall be in operation from Thanksgiving through December 31st. The hours of operation shall be from 9:00 a.m. until 9:00 p.m. 5. Temporary curb cut shall be restricted to passenger vehicles only and shall meet ADA requirements. 6. The sidewalk and curb altered by the temporary curb cut shall be restored to City Standards when the event is complete. 7. PostE'd 'one-way' sign and 'stop' sign shall remain posted throughout the duration of the event / temporary opening. I I I II Hunt Club Farms Page 3 of 3 8. A certified police officer and certified traffic monitor shall assist with traffic control. 9. A traffic control plan, notes and hours of construction shall be required with detailed site plan submittal. . 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: '-~<, y--, ~ ~ HUNT CLUB FARMS Agenda Item 25 June 11, 20D8 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for an indoor commercial reGreation facility and recreational and amusement facility of an outdoor nature. ADDRESS I DESCRIPTION: Property located at 2356 -2400 London Bridge Road. GPIN: 24058121850000 24059002180000 24059141550000 24059006070000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 45.5 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow use of the site for ;:1 commercial recreational! entertainment facility of both an indoor and outdoor nature. The applicant has a Conditional Use Permit for a recreational and amusement facility granted by City Council on October 22 1991 for Halloween events. The applicant also has a Conditional Use Permit granted by City Council on November 9,2004 permitting a commercial recreational! entertainment facility to allow a seasonal display between Thanksgiving and New Year's Day. Since that time" business for both activities has increased, and complaints from surrounding property owners that thH activities occurring on the site were adversely affecting the area have also increased. The applicant lhen requested a Modification of Conditions to the November 9,2004 Conditional Use Permit. This Modification of Conditions was approved by City Council on November 14,2006, with one year expiration. City Council placed this time limit due to complaints from the surrounding property owners regarding nois,~, parking and traffic. The City Council agreed that the applicant needed to meet with and address the iS~iues enumerated by the surrounding property owners, as well as submit one application for a Conditional Use Permit that comprehensively addressed all of the activities on the site. HUNT CLUB FARMS Agenda Item 25 Page 1 I I I ,II The applicant has met with the neighboring property owners and believes this proposal addresses the issues raised by the neighbors as well as City staff and City Council. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Rural Commercial SURROUNDING LAND USE AND ZONING: North: South: East: . Rural residential / AG-2 Agricultural District . Across London Bridge Road are single-family dwellings I R-10 and R-20 Residential Districts . Single-family dwellings I PD-H2 (R5D) Planned Development District and R-20 Residential District . Rural residential / AG-2 Agricultural District West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources on the site. The site does possess some cultural interest since it is one of the few remaining agricultural complexes north of the Green Line. AICUZ: The site is in an AICUZ of 70 dB to 75 dB Ldn surrounding NAS Oceana. A small corner of the property is in the greater than 75 dB Ldn surrounding NAS Oceana. The uses are compatible with these AICUZ. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): London Bridge Road in the vicinity of this application is considered a four-lane divided minor suburban arterial as is designated on the Master Transportation Plan (MTP). There are currently no projects to upgrade this roadway. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume London Bridge 20,000 ADT 28,200 ADT (Level of Existing Land Use ~ - Road Service "C") 1 00 ADT Proposed Land Use 3 - unchanged Average Dally Trips 2 as defined by recreational activities 3 as defined by same as the existing Traffic Engineering requested that the following items be met to insure safety. · Proposed curb cut must meet ADA standards. · Temporary curb cut to be restricted to passenger vehicles only. · Sidewalk and curb must be restored to City standards when event is over. · One-way sign and stop sign are required to be posted throughout the duration of the event and temporary curb opening. · Certified police officer and certified traffic monitor required to assist with traffic control. Traffic control plan, notes and hours of construction will be required with site plan submittal. HUNT CLUB FARMS Agenda Item 25 Page 2 WATER: This site is connected to City water. There is a 1Q-inch water line in London Bridge Boulevard fronting the si':e. There is an 8-inch City water line in Weybridge Road fronting the site. SEWER: This site is connected to City sanitary sewer. Analysis of Pump Station #606 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8-inch City gravity sanitary sewer main in Weybridge Road fronting the site. FIRE: No Fire Department comments at this time. POLICE: If consensus has been reached with surrounding homeowners that this proposal is acceptable and that the traffic flow and control and access are in place at the time of each event, the Police Department has no additional comments. EVALUATION AND RECOMMENDATION Recommendation: Staff recommElnds approval of this request with the conditions below. Comprehensive Plan: The Comprehl:lnsive Plan recognizes this site to be within the Primary Residential Area. The overridin!; objective is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the Primary Residential Area. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Primary Residential Area (page 98). Achieving the goals of this principle requires that all new development and redevelopment in the Primary Residential Ar.aa maintain a suburban character. In general terms, this means that the established type, size and relationship of land uses, both residential and non-residential, in and around neighborhood areas should serve ciS the guide when considering future development proposals. When making these decisions, it is important to take into account the unique character of the affected neighborhood and make adjustments a; necessary to protect it. This is of particular importance when considering issues of density and where non-residential uses are proposed in proximity to established residential areas (page 90). Evaluation: The proposed Use Permit request for an indoor commercial recreation facility and recreational and amusement facility of an outdoor nature in the form of a seasonal operation greatly affects the character and safety of t1e area. Given the magnitude of the expected attendance to the events, the traffic and parking demand created by the use has been a major impact on the adjacent residential uses and has hindered the normal traffic of the roadways. London Bridge Road is a 4-lane divided road and appears to be subject to traffic backups during peak times of operation. Also the neighbors of the subject site had issues with losing direct access to the ingress/egress that provides connection from their properties to London Bridge Road. Finally, the increased number of patrons at the facility increases the safety risks that come along with increased traffic movement. HUNT CLUB FARMS Agenda Item 25 Page 3 I I I .11 This use, however, may be considered acceptable provided that effective measures are taken, such as improved traffic circulation, protected egress/ingress for the residents, and restricted operating hours, to ensure compatibility and non-proliferation of such activities. At the suggestion of City Council, meetings with the applicant, the applicant's representative, neighbors directly affected by the seasonal events and City staff were held to discuss the concerns and address the issues. Through those discussions, the applicant provided exhibits for both the Halloween and Winter Wonderland events. Each plan is a graphic depiction of traffic movement, parking, signage, pedestrian access, and location of each event. The applicant has also developed a policy manual for event staff to properly maintain and control the operation of events. Staff, therefore, recommends approval subject to the conditions below. CONDITIONS 1. The activities shall be operated as depicted on the submitted exhibit "HALLOWEEN EVENT ACCESS PLAN", dated January 18, 2008, prepared by Gallup Surveyors and Engineers, Ltd. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The activities shall be operated as depicted on the submitted exhibit "HOLIDAY DISPLAY EVENT", dated October 17, 2007, prepared by Gallup Surveyors and Engineers, Ltd. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The Halloween event shall be in operation from October 1st through October 31 st. The hours of operation shall be from 7:00 p.m. until 11 :00 p.m. 4. The Winter Wonderland event shall be in operation from Thanksgiving through December 31st. The hours of operation shall be from 9:00 a.m. until 9:00 p.m. 5. Temporary curb cut shall be restricted to passenger vehicles only and shall meet ADA requirements. 6. The sidewalk and curb altered by the temporary curb cut shall be restored to City Standards when the event is complete. 7. Posted 'one-way' sign and 'stop' sign shall remain posted throughout the duration of the event / temporary opening. 8. A certified police officer and certified traffic monitor shall assist with traffic control. 9. A traffic control plan, notes and hours of construction shall be required with detailed site plan submittal. HUNT CLUB FARMS Agenda Item 25 Page 4 NOTE: Furthor 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) com;epts and strategies as they pertain to this site. HUNT CLUB FARMS Agenda Item 25 Page 5 .X. 'i 't i l- ~~1 1 ~ ~ i !''1r.t 1 ::r: will .J..."" )<. ~ \2 ~'.111 W ~~, \~ \ 4(" ' :t: ' . ... X. \ :~ \ \ \Jj-~~: -- -- l~ ")", \'~. \ \ :1' "- ., :\\ ....~. '\ .' ~"' '. ....;. -" ~.., -..;: L... \. .\ .\ ).1 ~\ .! \ \1 \ .n \. n , 'c' \\'. \ r \: , \%~.[1 ." T \w~~ 't. '.;-- \.. , I ..', ,.i, \' < I ~~ '.......-\ \,. '\ ~~ \l <:,/, !;! ; ~ '_)/'."V" . --~f<r> . - -- V' ~i' : ' \\"..,.~~ "" ~.1 _. ~ _'-"\~.,.. "'-.7~~,:,,~~~-~.::i.:;-"j' ~...:. . ,. ,~.._0It_' :, W , IC~Y:\' ~t ' ~/\~ ~ 1/ -. .. _ III HI~HilHi~I!IHlldit-; - -\\,t' : ::1 !H~lIHiljf~H~I~flj~;1 i\ \, ~ . I d. .~ I} III '1"1' I r ' . I ill I " iT! i III Ii I j ! ~II II I_" ~; \\ \ , ' 01.1111-1' ...,' I . r-- ... Ii \ " '1"\1"1""\ ,l.~ . -,.,"',.... -j . .' ,I .I.c,lll..{ )!l~ /!I\.I!lll!l !'." Ill, :- \'" 1IIIIillllll'III 'II II I l..-.:. " \1" . """"''\l- - - ',,)~ ~ .\, II ~ .,\,;'" .' --..:::: ii\~"., , 'i "- ' e--'- ;" I \ : ' ,,-- ,. ~ .~ " (,,: .i i' \ \ ii ,~~ .:t~ "- "-, .~ ~~ l~" 'b..i 151""' :;rU.- strJS< "'''' .-- ~ i ~ \ :i . " 0. .....~. ., ' . ~ " ~~'.~l 'ai\. . ~\ 1t. . ;1~ PROPOSEO HALLOWEEN EVENT ACCESSPLPJI - - HUNT CLUB FAi\MS 'Agenda \tern,25 pa~e 6 ... .~-~ --- -------- - - ~_._. .-. -. f------- . cl.-.- --. ~ - ! ~ " ...~' .. , . ~ ! r . - ",! J FUTURE OVERFLOW PARKING FOR HOLIDAY DISPLAY EVENT I. i , I GATE ~-c- ~-:c-~~~~-. i [10LlDA Y DISPLAY' I' UEVENT PARKING !- (APPROX. '." '" :=-T 250 CARS) v I- -..1, '+' - --.....c.~.._... -.-......, . Z :oe to i .-"'" OJ!'. T i?~~ t ENTRY crUl~ '2 GATE . f ~(!) '~u.. c:( .".. i u.. ).. 0-1- " <(,-I 0.2 'I o::'Z z!!.?o::, ,. I- 0 . o~ II ,n a:: i", >- a: v).. 'Ii' ~ILI Zc(O,.~ I- i?Q:oe i i: 'Z cr -I/,Y ! "1 ILl ILl OS,Z ~:r::>. i I 0 Ocr~ II zf2e:.r'. CJ ~ EXIT + GATE + S~~; ;c;I '. , ~!J~ .. u U /' .:: t A: ',h _ ... /-::~ . // -I ~- .. , ~./ rUTUR~&l'RK NG HAlLOWEEN E~ENT (A SEPERATE PI.AN "'LL BE SUel,lITIEO , "'TH RE\I1SEO ;UP REauEST FOR . HAllOWEEN EII1:NT) ~ .~'.~D " 0 -;-,,-- ,,' :2_. ~\"u . ----== /~ , '- 36" HIGH ORANGE / REFliC'OW CONES LONDON BRIDGE ROAD AT 5' C-C ~'.~ -- ,\~ l--- I , / '- EXHIBIT HOLlDA Y DISPLAY EVENT ~MCIL 1\-1-0\ ... A-1-8 .....-'" S1t "-1 NINCDI NN: ...., w.. IMC. ,~i~,:C,~, -,.-...,..-- PROPOSED HOLIDAY DISPLAY ~Vt;NT HUNT CLUB FARMS Agenda Itenl,25 Pa9~ 7 "', I I I II dr 1::7 ... Modification of Conditions I 1 10/23/07 Modification of Conditions with a one year time limit 11/14/06 Modification of Conditions 04/12/05 Subdivision Variance 10/22/91 Conditional Use Permit (recreational & amusement facility) . 01/28/85 Conditional Use Permit (addition to a kennel Granted 2 11/09/04 Conditional Use Permit (commercial recreational facility) 04/12/92 Conditional Rezonino from AG-2 to B-2 Granted 3 OS/23/00 Conditional Use Permit (recreational of an Granted outdoor nature) 4 08/25/92 Conditional Use Permit (truck rental) Denied ZONING HISTORY HUNT CLUB FARMS Agenda Itel1'l 25 Page 8 "'",;f I DISCLOSURE STATEMENT I APPUCANT DISCLOSURE If the applicant is a corporation. partnership, firm, business, or other unincorporated organization. complete the following: 1. Ust the applicant name followed by the names of all officers, members, trustees. pal1ners, etc. below: (Attach list if necessary) John IJ. Vogel 2. List all businesses that have a parent-subsidiary 1 or affiliated business entitl rel,3tionship 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 property owner is different from applicant. If the property owner is a corporation, partnership. finn, business, or other uniocc1rporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, tru:.tees, partners, etc. below: (Attach list if necessary) J. D. Vllgel (Hunt Club Farms 2308 london Bridge Road); Kathy Vogel (2400 london Bridge Road) Mary Sllith (2356 london Bridge Road, Princess Anne Farms) 2. Lis! all businesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ~:>ast Consulting 207 23m Street Virginia Beach, VA 23451 .BiU....GaIJ,hrRlI Pr....ittAnt o Check here if the property owner is NOT a corporation, partnership. firm. business, or other unincorporated organization. T"':T:" & Sue next page for footnotes Does eiJ1 official or employee d the City of Virginia Beach have an interest in the ~I.lbjec!: land? Yes No ~ If yes, 'Nhat is the name of the official or employee and the nature of their interest? CondiIIonaII.lIe Permit Application ~9ofl(1 Rellilled 7/3(}oo7 z o I I 5 i2 ea E--t ~ 8: ~ ~ i::::) ~ o I I H ~ o u HUNT CLUB FAAMS Agenda Iten} 25 R~ge 9 ':.-~~ I I Z <:> I I 5 ::3 ~ ea E-t ~ ~ ~ ~ ;:J ~ <:> I I E-t I I ~ U I II I 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) R.C.C. - Right Coast Consulting 207 23rd Street Virginia Beach. VA 23451 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 S 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 detennining the existence of an affiliated business entity relationship indude that the same person or substantially the same person own or manage the two entities; there are convnon 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 wor1<ing relationship between the entities.' See State and Local Government Conflict of Interests Act. Va. Code ~ 2.2-3101. CERnFICA nON: I certify that the information contained herein is true and accurate. I undefstand that upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible tor obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the ins1rUctions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evakJating this application. ,-) oh", \) . V{)~'- Print Name ( \ol.-tv\ C>. VUJ ~d Print Name k'o,ihle~ ~- Appllc8lton Plijj 1001'0 Revioed 71312007 HUNT CLUB FA~MS Agenda Iten) 25 Pag~i 10 Item #25 Hunt Club Farms Conditional Use Permit 2356-2400 London Bridge Road District 7 Princess Anne June 11, 2008 CONSENT Joseph Strange: The next item is item 25, an application of Hunt Club Farms for a Conditional Use Permit for an indoor commercial recreational facility and recreation facilities of an outdoor nature on property located at 2356 - 2400 London Bridge Road, District 7, Princes!; Anne, with nine conditions. Bill Gambrell: Vi,:;e Chairman and Madame Chairman. Thank you for being placed on the consent agenda. I would like to thank everyone that helped with this application. You all have seen it a number of times. Every time you all have approved it, it has always been a positive recommendation. This time I think working with the Council member for the borough and worklng with the neighbors, I think the same thing will occur at City Council. So again, the conditions are acceptable and we're glad to be on your consent agenda. I'm Bill Gambrell representing the applicant. Joseph Strange: Thank you Bill. Is there any opposition to this matter being placed on the consent agenda? ~~he Chairman has asked Barry Knight to review this item. Barry Knight: The applicant Hunt Club Farms originally came in for a Conditional Use Permit in 1991. And since that time, they have grown their Halloween and Thanksgiving through New Years activities. They have been a victim of their own success with the traffic impacts and some of the neighbors around here. They have been back to us two or three times. We asked them about a year ago to please come back this time and we would like to wrap everything into one Conditional Use Permit, and get the staff's recommendation of approval, and all the neighbors satisfied. That is what they have done. We're glad they have worked with staff. The Council lady from that district and it looks like everyone is happy. So, they got one Conditional Use Permit wrapped into no opposition, so we have put it on consent agenda. Joseph Strange: Thank you Barry. Chairman, I have a motion to approve agenda item 25. 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 I .11 Item #25 Hunt Club Farms Page 2 HENLEY HORSLEY KA TSIAS KNIGHT LIV AS REDMOND RUSSO STRANGE AYE ABSENT AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 25 for consent. Janice Anderson: Thank you. Thank you very much Mr. Strange for handling the consent agenda. Thank you all for coming today. S\3L\ -In ~hee+5: Lf!-zlj!OX "f.fL ~thU'Lt CLub ~I) G:YI1JdlcwfiJ tsc ~kd1I~- \)Phi\ ~J{)~eJ ftnllic ~. if~ "-j(@~~~ ~"G- ~ iii, 3oltv" Lu L L [ . iJ /~~Ll~ )(ee-t~ ~ ~~l.. ~~ " 'U'0<;'?')7..&.' ;Q.t:-; _,4<JL-q--' ~~~.. / J<~ ~~._-!f); Ii ( l. '- /t'.1 0 r n-+-j :r '5 {) f> po .11.( Ttf e tV;;"'fr/ {J t;i IS ./~;:?:4:!:#' d-4?~cc Y _?~,.-:;-:(/::;~:-.L- -k /'7/~,-",/Z::'0/- r (D...<t (Uou:.,::JO ItN L,0N .,1 '7,': ; D;\- . k k J I ,>' f ""-:-- [l",~\6, , ~~\~ ~ ,#-eG-\1 \ \j~) -- c) Ty .pu.6;'-4~ i k~ r~,.~,r,; ~e"'~. \. C~~iy (\1\\[1-,\1\,-, ,I ~ ---- . '.' \ - \ ~.~ \ \ G- f!I r- \. -..-... \ t L C4. r.) ~ ( -'- ,/,., P ? 3/2i?~ 'J ~'te- } !\ llJ I I /I / _ 1-1--" '/(1 '~,~l~( /i.. ';j: -, - -.' '.J I;, 1 ~a_LUL2rr\ ~~t \) II: '1,/ ij . I ~ l~ JF\ r:} 1 ^ I \ ~ ~~ v ' ~S(^- ~l 6 E?Cl..r ~-,:'7r<: ;;})_ '- 'r / N )i.Jtz-;[l T?)(j ,) ,f,1 r--Ci) }, c;1~ L7J)I/~','J ,f)/i2;J{;Z rLD JL';,:,;, :'c ( --;___ J. - c: i / j:"" rt - .<:~ . (' 'i f.J r,l y._L '~, .---' ' . .. . ( Q(:) I/!h.. (II t c..Lz. ~,b? T "~ L '- :J:) G"'L. .Q..."--~ VI, )+.j"11 I'V-j .2:.) ()',\.., ct ~>- - i --- - ---- ------------------- - ~ ~ - - - -- --- --------- -- -- _. ---.-- - --------- I I I .11 Michael and Rebecca Kelly 2428 London Bridge Road _ Virginia Beach, V A 23456 757-672-2174 ~ D ~V1 ,,~L.s ~~\,le:, 1.\ \'Lt.\ t CiS ~ \.P / ~e7 \<Pt\ePCS $~y--\cl L W~.2.t\ ~\)i April 23, 2008 Virginia Beach City Council 2401 Com1house Drive Virginia Beach, VA 23456 RE: John & Randi Vogel/Hunt Club Farm Conditional Use Permit Dear Honorable City Council Members, I am writing in support of Hunt Club Farm's current applications for Conditional Use Permits for their Halloween and Christmas special events. I own property located at 2428 London Bridge Road, which is in the Princess Anne Hunt Club Subdivision. My farm is located behind Hunt Club Farm, thus we use the community road for access to our Barn. As a new land owner in this community, 2007 was the first year that I experienced the Halloween and Christmas special events as a neighbor. Hunt Club Farm's staffwas courteous and went out of their way to accommodate their neighbors. I never experienced any delay or inconvenience, nor do I have any complaints about their business operation. Hunt Club Farm provided sufficient parking staff, signage and off-street parking for their customers. Hunt Club Farm's special events do not have any negative impact on my farm, nor my access to the community road. However, more important than my interests, I am thrilled that the children of our city have such a safe and wonderful place to enjoy themselves. I take great pleasure in watching their faces as they arrive and see the rides, animals and general festivities that are at the Hunt Club Farm. It is my opinion that the City of Virginia Beach should support the Hunt Club Farm and encourage its various children's activities. Therefore, I wholeheartedly support the approval of their current applications for conditional use for the Halloween and Christmas special events. Please do not hesitate to contact me if you have any questions or need any additional information. Respectfully, #/~Ij Michael and Rebecca Kelly \ .' :!! "i, , !' I .i- f " , '-' f t ' ::- r ., . .";( " I '~J.-1"ii""; <' Mark and Kelley Hansen 2376 London Bridge Road Virginia Beach, VA 23456 Virginia Beach City Council 2401 Courthouse Drive, Suite 281 Municipal Cen::er Building 1 Virginia Beach, VA 23456 RE: Hunt Club Farm Halloween & Christmas Conditional Use Permits Dear Virginia Beach City Council, Our hom.e and horse stables are located behind Hunt Club Farm. We use the PrinceHs Anne Hunt Club community road daily for access to our farm. In 2007, we experienced a huge improvement to our road access when Hunt Club Farm began parking cars and school buses in their back parking lot and in the neighboring front field. We feel that this change has eliminated our wait time and our previous safety concerns. Additionally, we feel that their continued effort to keep the community road a no parking zone, outside of the conditional use requirements, shows their dedication to limit the impact of their business on the neighboring land owners. We have reviewed the Vogel's new special event parking and traffic plan. We are confident that their plan will alleviate previous "neighborhood" concerns. We also feel that they have been responsive to neighborhood feedback and will continue to work to relieve any new issues that may arise. We support the approval of their current applications for conditional use for their Halloween and Christmas Special Events. Sincerely, -f~ ~"f ~., . .;' 1),2/'.-----.. . : ., f 1\, .,~.1{ .LJ-.. 1\ 1 fl,'l)./ "W" j, ;'v-, ~j '1Il,!-' \ ~( 'V' , / t..\ ), . II i ~ \ - , , I Mark & Kelley Hansen I ,II "'= \ '"" < ~ "'" " .j... .' . . ;0' ~.. : _ . j '. :;:> l ." ~ "!-- '- -- ---~ Virginia Beach City Council 2401 Courthouse Drive Municipal Center Building 1 Va. Beach, VA 23456 Virginia Beach City Council, I am writing in support of Hunt Club Farm's Halloween and Christmas conditional use permit applications. I reside at 2332 London Bridge Road, which is located behind Hunt Club Farm. I do not have any issues with their business operation. I feel that they do a fine job parking cars and handling their event traffic. I have enjoyed their Halloween Festival for years and I believe that the event provides a safe and family friendly atmosphere for area residents. Additionally, I have had many conversations with the Vogel's and believe that the Vogel's have made a good effort to work through all concerns presented by their neighbors. I believe that City Council should approve Hunt Club Farm's Halloween and Christmas conditional use permits. Sincerely, ~6~~ John Sweeney 2332 London Bridge Road Virginia Beach, VA 23456 (757) 641-3181 SCHO(]~L BOARD .l .C-I ac-I () Conditional Zoning Change from AC-1 & 2 to {- 2 Relevant Ilnformation: · Beach District · Rezoning to Conditional 1-2 Heavy Industrial. · The (lpplicant desires to relocate the existing bus maintenance facility at Oceana Boulevard and West Lane in the Oceana Village neighborhood to this site. · 63,0(]0 square foot maintenance facility, a two-story 15,000 square foot nupport office, 248 parking spaces, buffer areas, and a future storage yard expansion. · The clpplicant is seeking Leadership in Energy and Environmental Desinn (LEED) certification from the U.S. Green Building Council for the building and site. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0) · Then! was no opposition. Consent Agenda. I I I .11 '~11~~~, ~\ ~~{~] " ~~ i.\-, iJ l,"'~ ..." ~4. ....<t:r ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SCHOOL BOARD, CITY OF VIRGINIA BEACH for a Chanae of Zonina District Classification from AG-1 and AG-2 Agricultural District to Conditional 1-2 Heavy Industrial District on property located on the east side of Harpers Road, approximately 6900 feet south of Oceana Boulevard (GPIN 2405879659). AICUZ is Greater than 75 and APZ 2. DISTRICT 6 - BEACH. MEETING DATE: July 8, 2008 . Background: The applicant proposes to rezone the site, zoned AG-1 and AG-2 Agricultural Districts, to Conditional 1-2 Heavy Industrial and to develop the site with a school bus maintenance facility. The applicant desires to relocate the existing bus maintenance facility at Oceana Boulevard and West Lane in the Oceana Village neighborhood to this site. The operation employs 41 supervisory and clerical personnel and 40 vehicle maintenance personnel. Generally, maintenance is conducted on 20 to 25 vehicles daily. The site is within the Comprehensive Plan's South Oceana Strategic Growth Area 10. The site for the proposed maintenance facility is located in the eastern portion of this SGA. The Policy document states the following intentions for the eastern area: "The eastern region of this Strategic Growth Area is recommended for high quality, well landscaped low to mid-rise offices and corporate parks as well as light industrial uses; to help reduce traffic congestion by improving the balance between residential and non-residential land uses; and to promote activities that are compatible with the military operations at NAS Oceana." . Considerations: The submitted site development plan depicts a 63,000 square foot maintenance facility, a two-story 15,000 square foot support office, 248 parking spaces, buffer areas, and a future storage yard expansion. The proposed bus and truck entrance to the site is located at the northern portion of the site and the employee / visitor entrance to the site is located at the southern portion of the site. The applicant is seeking Leadership in Energy and Environmental Design (LEED) certification from the U.S. Green Building Council for the building and site. Solar panels for energy and waterless urinals and flush toilets using recycled rainwater are two of the proposed methods for achieving LEED certification. The proposed structure is designed far beyond a typical motor School Board, City of Virginia Beach Page 2 of 2 vehicle repair and maintenance facility. The architect has designed the structure with high quality pre-cast concrete panels with clerestory (high) ribbon windows throughout the maintenance facility. The windows will encourage the utilization of sunlight, temperature regulation, and less dependence on energy. A pre-finished standing seam metal roof will cover the structure. The request to rezone the site from AG-1 and AG-2 Agricultural Districts to Conditional 1-2 Heavy Industrial for the purpose of consolidating Virginia Beach Schools' bus maintenance operations onto one central site is acceptable. The request is in keeping with the Comprehensive Plan recommendations for this area. The site is constrained by AICUZ noise levels of more than 75dB LON and an aircraft Accident Potential Zone (APZ) 2. Additionally the United States Navy owns a restrictive easement over the site. The Planning Commission placed this item on the consent agenda because this proposal will consolidate school bus maintenance operations onto one site, the site plan and building elevations exhibit a high quality of design and planning, and there was no opposition to the application. . Recommendations: The Plan ning Commission passed a motion by a recorded vote of 10-0 to approve this request as proffered. . Attachments: Staff Review Oisclosum Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De",..tmentlAgency: Planning Department I ~ CItyManager: (~k.'1v~ I I SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Agenda Item 24 June 11, 2008 Public Hearing Staff Planner: Faith Christie REQUEST: I II &Co. &C-I () Conditional Zoning Change from AG-l & 2 to '-2 Chanae of Zonina District Classification from AG-1 and AG-2 Agricultural Districts to Conditional 1-2 Heavy Industrial ADDRESS I DESCRIPTION: Property located on Harpers Road, 6,900 feet from Oceana Boulevard GPIN: 24058796590000 COUNCIL ELECTION DISTRICT: 6 - BEACH SITE SIZE: 20.00 acres SUMMARY OF REQUEST The applicant proposes to rezone the site, zoned AG-1 and AG-2 Agricultural Districts, to Conditional 1-2 Heavy Industrial and to develop the site with a school bus maintenance facility. The applicant desires to relocate the existing bus maintenance facility at Oceana Boulevard and West Lane in the Oceana Village neighborhood to this site. The operation employs 41 supervisory and clerical personnel and 40 vehicle maintenance personnel. Generally, maintenance is conducted on 20 to 25 vehicles daily. The submitted site development plan depicts a 63,000 square foot maintenance facility, a two-story 15,000 square foot support office, 248 parking spaces, buffer areas, and a future storage yard expansion. The proposed bus and truck entrance to the site is located at the northern portion of the site and the employee / visitor entrance to the site is located at the southern portion of the site. The applicant is seeking Leadership in Energy and Environmental Design (LEED) certification from the U.S. Green Building Council for the building and site. Solar panels for energy and waterless urinals and flush toilets using recycled rainwater are two of the proposed methods for achieving LEED certification. The proposed structure is designed far beyond a typical motor vehicle repair and maintenance facility. The architect has designed the structure with high quality pre-cast concrete panels with clerestory (high) SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Agenda Item 24 Page 1 ribbon windows throughout the maintenance facility. The windows will encourage the utilization of sunlight, temperature regulation, and less dependence on energy. A pre-finished standing seam metal roof will cover the structure. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped site SURROUNDII~G LAND USE AND ZONING: North: · Harpers Road · Across Harpers Road is vacant United States Navy property, previously military housing / 1-2 Heavy Industrial · Open fields and woods / AG-1 Agricultural · Open fields / AG-1 and 2 Agricultural · Open fields / AG-1 and 2 Agricultural South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is an open field, previously part of Taylor Farms. There are no significant natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn and an aircraft Accident Potential Zone (APZ) II surrounding NAS Oceana. The proposed use is compatible with airfield operations. IMPACT ON CITY SERVICES MASTER TI~ANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Harpers Road in front of this site is a two lane collector and has a variable width right-of-way. The Master Transportation Plan depicts 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 portion of Harpers Road. There are no street lights along this section of Harper's Road. The need for street lights will be reviewed during detailed site plan review. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Harper's Road 6,560 ADT' 9,900 ADT Existing Land Use;!- (422 Peak Hour) (520 Peak Hour) 201 ADT Proposed Land Use 3 - 490 ADT (62 Peak Hour) Average Dally Tnps 2 as defined by 20 cares of AG-1 & AG-2 Agricultural zoned property 3 as defined by 81 employees assigned to the school vehicle maintenance site SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Agenda Item 24 Page 2 I I I ,II WATER: City water is not available to the site. The nearest water line is approximately 650 feet to the northeast. SEWER: City sanitary sewer is not available to the site. The closest sewer line is approximately 700 feet to the northeast. A private grinder pump and force main may be an option. SCHOOLS: School populations are not affected by the request. FIRE: According to the city maps the closest approved water supply is a fire hydrant located in front of 1533 Harper's Road. According to the Statewide Fire Prevention Code, an approved water supply capable of supplying the required fire flow for fire protection shall be provided on the premises upon which facilities, buildings or portions of buildings are constructed in the city. This will be thoroughly reviewed during detailed site plan review. POLICE: A Lighting Plan and lor Photometric Diagram Plan should be submitted during detailed site plan review. Lighting should comply with the Illumination Engineering Society standards. Full cut-off fixtures should be placed within the parking areas. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: This site is within the South Oceana Strategic Growth Area 10. The site for the proposed maintenance facility is located in the eastern portion of this SGA. The Policy document states the following intentions for the eastern area: "The eastern region of this Strategic Growth Area is recommended for high quality, well landscaped low to mid-rise offices and corporate parks as well as light industrial uses; to help reduce traffic congestion by improving the balance between residential and non-residential land uses; and to promote activities that are compatible with the military operations at NAS Oceana." Strategic Growth Area 1 0 also includes a designated corridor south of the NAS Oceana that has potential to be a hub of industrial and business growth activity. This area includes the businesses in the Corporate Landing Business Park. Transportation improvements in Strategic Growth Area 10 include the proposed Southeastern Parkway, which will traverse the eastern part of this strategic area in a northeast to southwest direction. Evaluation: The request to rezone the site from AG-1 and AG-2 Agricultural Districts to Conditional 1-2 Heavy Industrial for the purpose of consolidating Virginia Beach Schools' bus maintenance operations onto one central site is acceptable. The request is in keeping with the Comprehensive Plan recommendations for this area. The site is constrained by AICUZ noise levels of more than 75dB LDN and an aircraft Accident Potential Zone (APZ) 2. Additionally the United States Navy owns a restrictive easement over the site. The United States Navy has reviewed the request for compliance with the easement and finds it is compatible with the restrictive easement. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Agenda Item 24 Page 3 The applicant proposes development of both an energy efficient and environmentally-friendly building site. Staff find::; the proposed site layout is a coordinated development in terms of design, landscaping, parking layout, and traffic control and circulation within the site. Staff will require a lighting and photometric plan during detailed site plan review. Also, Section 228 of the City Zoning Ordinance requires a solid fence and landscaping around the storage area for vehicles awaiting maintenance. Staff will require such ff3nce and landscaping during detailed site plan review. Staff recommends approval of the request as proffered. PROFFERS The followin!;j are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (91 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Rezoning Site Development Plan", dated February 27,2008, prepared by Landmark Design, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Concept Plan"). PROFFER 2: When the building depicted on the Concept Plan is developed, its exterior appearance shall be substantially similar in architectural features, details and building materials to the exhibit entitled, "Proposed Rezoning Building Elevations., dated February 27,2008, and prepared by Dills, Ainscough, Duff Architects, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). PROFFER 3: Further condLions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMI\IIENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated aevelopment of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. The City Attorney's Office has reviewed the proffer agreement dated April 21, 2008, and found it to be legally sufficient and in acceptable legal form. NOTE: Further I~onditions 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 i~; encouraged to contact and work with the Crime Prevention Office within the Police Department for crime preve'1tion techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Agenda Item 24 Page 4 is ~I~\ ~~~i ~ I 3cUl.ll; I 1 lD~ul~ \ l~~iiil \ ~ G~il! ~ ~I !~~ '~1 i = " t ~ AERIAL OF SITE lOCATION SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Agenda Item 24 Page 5 ~ : '. 'I' 7in~.?~;;~i!~"'~itG Ptm~;;~;;;Y~1ld ..... "'__~;;________n__ __d___~~__~ :j "-~----G~? ...._~=~~=~_~~17, -~:'---~'=-----~:T-;l--'T--'- -----------I~---l,.., "' ..- /______~:-.J~....... I i /' . I I . \, I Z ' ,,/ ! ,I I: ,fIr: ~.) !< , ./,' 'I . . . :: II - : I' .i I I . , . , f'.,. : III I, }.; , '" i I I .~ I I " : I ~..' . " II:..... ~l \ J'." I' '1::.... ~. - - -- - - -- - - . 'f II .' I ..;!tf!. 'f:1 ~ '-J ,) Ii . III' lib I . i I: 1=11 1m" :. ;1' liJ .. fl" Ti .=. III' :;L.:= :,: ;;1=1 1 ~_~_ 'ld,!= I j. ~ , "'1 . -.~ : j,,;; , ~. 'l I I ~:' , II. 'Ii .',1 I: fd -'1 - >., t~ I .0.... I : I , . ( i, I ~I__- ,1" il ;:::: - I 'i. 1 -- - , -' -: 1 ~ 3:1" .3' ,- .-- ~~ -.. -~ 1111 2' ..... . ~ --- i :::::/~ i f2/::::: . - ~ .:::::- !. III ;:::::::: 2 1 -- _nd _t'___ I- == 11111 :~ / · l--Lu:-~--I-----:-- =.1Jt:--- /; '='~f;~~"':~=sF' ~...:~j~;'::> I . I ! II d1lr !! 'II ' , h:.1I II II I ;;ill! I il,lu II' . . I' . I' Ilii ;11 II,II I,I 1;11 hi Ip I Ifil' III Ii' III ," 'I. 'II I', I 'It; I" 1"ld I 1.1. II '11,,1 I il;IIiIIII, Hili '. 111'1'1111'1111 I i · 1111 "IIIII'! I ~ i hl;1 I'I! dill Iii I ; 11:;1 rlil 11'1' III i j . ~d I!U ~fl.l !.I 11- -- - I I !~ 11- I !I I . . I - / II tl .! \I~ Ii .,1 PROPOSED SITE PLAN SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Agenda Item 24 Page 6 I I I .II a;; en "- u '" ;> >- I- ..J U <( ... u.l U Z <( Z w ..... '7 <( ::>: o z <( z o - I- <( l- t>: o "- :J'; z <( '" I-- - "- "- PROPOSED BUILDING RENDERING SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Agenda Item 24 Page 7 02~ ! ..... 'I" ~. :..:::- ., ".".. '/> :>- W al > >- I- ..J - w < ... '" t.J Z <( Z w , I- ~ :: i <( f ~ $ . ~ E <( ~ z o I- <( I- et: o C- eil Z <( et: I- ..J :>- ~ :>- PROPOSED BUILDING RENDERING SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Agenda Item 24 Page 8 ! I I II ,."~, ~,~~; '" t>- V '" " ;.- .... v <: "" uo V ~ <: ;;!: ~ .... ~ <: " c z <: z <: .... a: ~ t>- '" Z <: x - "- ;:.:; 0.. PROPOSED BUILDING RENDERING SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Agenda Item 24 Page 9 SNOLLYAlI'Ia 9NJO'IIOa :lNIH02D CIlISOd01ld =rid -.-:.::.Je'" ~ ~ nno H9n()~SNIY S1110 U ~ I II b n I d ..:1.. "1m;)... 8;)awU8l1lJWJl paw uon~od....... ndftd b II II Ii, I b - N ~ I II 9 ~ ~ j ~ I -.,1 ~ I liud II I II bh I. rU PROPOSED BUILDING ELEVATION SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Agenda Item 24 Page 10 I I I .II AC-. At-. () Conditional Zoning Change from AC-1 & 2 to 1-2 1. 5/8/89 Conditional Use Permit (Golf Course) Approved 2. 5/14/02 Rezoning (AG-1 & AG-2 Agricultural to Conditional 1-1 Approved Heavy Industrial) ZONING HISTORY SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Agenda Item 24 Page 11 .1 ~SCL~:S~RE ST~ TEMENT I " APPLICANT DISCLOSURE If the applicant is a corporation. partnership. firm, business. or other unincorporated ~~nization, complete the following: 1. List the applicant name followed by the names of all officers. members, trustees, partners, l~tC. below: (Attach list if necessary) . ;5~.,1....- ~Ll,..(..Q :;p ~ C"1 or V\,'Z-4/-v.Ao- 13cA1..-t (~TT riC-HQ.[)) 2. List all businesses that have a parent-subsidiary 1 or affiliated business enttty2 relationship with the applicant: (Attach list if necessary) D Check here if the applicant is NOT a corporation, partnership. firm, business. or other unlm:orporated 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) / ~e. \ ....~I \ ~( broOoJ ~ LLLP - Ov-lr-h. \~ I i\ 0~(\-"..... 'I C\"'e-<-.l~ b_.Y)~ L,,,,,.k.,,, ;-'",1<"V 1..'\<" ,y).........~"-\ ::L....~. G1"''''; ~C.{-t"",.\ \....",a<.... ...-: ~ 2. List all bUSlinesses that have a parent-subsldiary or affiliated business entity2 \ ''''l~ or ...relationshif> with the applicant: (Attach list if necessary) ~G.' \~ _ V --rP..1\H G:.('.~~l ,,-.C "-J.{~;....,,,,- I~(' .. . ",...j ~...... '-< \< <J...:G\' r..ti: \ LL<" -r ~'I \.( ~ c..'''') ~"~ ,L ( \") L.l..C ~I. \--\...\d,f'~\ .:!.., L-LL o Check here if the property owner is NOT a corporation, partnership, firm, busine!8, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official,l or employee of the City of Virginia Beach have an interest in the subject land? Yes ~ No JZl If yes. what is the name of the official or employee and the nature of their interest? ConditIonal Remnlng AI tpIca1Ion Page t1 or 12 Revilllld 11/16/2008 z o I I 5 E2 ~ c;..:, ~ o N .If~ ~ <:> I I f-4 ~ o u SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Agenda Item 24 Page 12 I I z o I I 8 ::3 ~ ~ f...:) ~ z o ~ ~ o I I V f-t I I ~ Z o u I II " ~ · DISCLOSURE STATEMENT I ~ , 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) 1 .Parent-subsldlary relationship' means "8 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 "8 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 8 controlling owner in the other entity, or (iii) there is shared management or control between the business entitles. 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 entitles; there are common or commingled funds or assets; the business entitles 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," 596 State and Local Governmenl Conflict of Interests Act. Va. Code S 2.2-3101. CERnFICA liON: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) thet the application has been scheduled for public hearing, I am responsible fOf 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 Plan 10 t raph and view the site for purposes of processing and evaluating this application. A~~ L. ~ Print Name --rh... -\~1h.... Gr~~f L-LLP \h 0 "" "-" L., .s r'''tck, PrintName '\~\\-.H, ,..l A~...+ CondllionaI Rezoning Applic8tion Page 12 of 12 Revised 71312007 SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Agenda Item 24 Page 13 ~~l.... '>~,-..'" ',"~ ---"', ''':'f- ...., "....<'..r-"~~... ~_~~;;.' .~...'~ "'~"""'1l'~" ~* :~"J ~~- , , 1,1 '".~,_\l~,,''.$'"~''''' I ~ .....~ :~ :!.. ~ ,~~ !:~.~,,.,/; :>;?.;tlJ.~"'iot'''''Yf:-~~~~Z'":Y~ft''r'o/~''''l'?~~~~~~~ \'~}<; '~~~'.. ...j .'. ,; .I.~,,""~. ~ _;(: '~"''''' ....,..,~..~~~ .",":~~..:~: '-..~~-~ft(Ai~~~;;J~~"tt:.~~.;..J...~~:LlE,~~,~.:r~1~ Dr. J._ G. Merrill, Superintendent (757) 263-1007 Dianne P. Alexander, Clertl 01 the Board (757) 263-1016 2512 George MalOl'l Drive, P.O. lox 6038, Virginia Beach, VA 23456-0038 Mr. Daniel D. "Dan" Edwards Chairman 1513 Beachview Drive Virginia Beach, VA 23464 Mrs. Rita Sweet Bellitto Vice-Chailrman P.O. Box 6448 Virginia Beach, VA 23456 Mr. Todd l:. Davidson 2424 Savannah Trail Virginia Beach, VA 23456 Mrs. Emma L. "Em" Davis 1125 Mlchaelwcoo Drive Virginia Beach, VA 23452 Mrs. Patrilcia G. Edmonson 401-205 Harbour Point Virginia Beach, VA 23451-7130 Mr. Edward F. Fissinger, Sr. 412 Becton Place Virginia Beach, '''A 23452 Mr. Dan R. Lowe 4617 Red Coat Road Virginia Beach, '''A 23455 Mr. Lyndon S. Remias 3225 Nansemord Loop Virginia Beach, '/A 23456 Ms. Sandr,iI Smith-Jones 705 Rock Creek Court Virginia Beach, '/A 23462 Mr. Michali!1 W. Stewart 105 Brentwood :::Ourt Virginia Beach, 'fA 23452 Mrs. Carolyn D. Weems 1420 Oaudla Drive Virginia Beach, 'fA 23455 District 1 - Centerville July 1, 1998 - December 31,2008 At-Large July 1, 2004 - December 31, 2008 At-Large July 1, 2006 - December 31, 2010 District 5 - Lynnhaven July 1,2002 - December 31,2010 District 6 - Beach July 1, 2006 - December 31, 2010 At-Large July 1, 2004 - December 31,2008 District 4 - Bayside July 1, 1998 - December 31, 2010 District 7 - Princess Anne July 1, 2006 - December 31,2010 District 2 - Kempsville July 1, 2004 - December 31, 2008 At-Large Seat July 1, 2000 - June 30, 2004 District 3 - Rose Hall July 1, 2000 - December 31, 2008 At-Large July 1, 2002 - December 31, 2010 717-0259 (cell) 495-3551 (home) 495-9576 (fax) dedwscolbd@aol.com 418-0960 (cell) sweet4schools@earthlink.net 427-3330 (office) 285-9409 (cell) 430-6447 (fax-office) tcdavi@verizon,net 340-8911 (home) 340-1981 (fax) edavis209@cox.net 675-0137 (cell) Pat_schoolboard@hotmail.com 486-4567 (home) 216-3887 (fax) ed. fissinger@Verizon.net 490-3681 (home) 490-3681 (fax) drlowe2345@aol.com 630-6102 (cell) Lremias@yahoo.com 490-8167 (home) 490-8167 (fax) vote4smithjones@aol.com 498-4303 (home) 445-4637 (office) 444-0698 (fax-office) mrosehall@aol.com 464-6674 (home) 363-8281 (fax) carolyn4klds@cox,net ~RGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE DISCLOSURE STATEMENT SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Agenda Item 24 Page 14 I I I .11 Item #24 School Board, City of Virginia Beach Change of Zoning District Classification East side of Harpers Road District 6 Beach June 11, 2008 CONSENT Joseph Strange: The next item is item 24. An application of the School Board, City of Virginia B each for a change of Zoning District Classification from AG-1 and AG-2 Agricultural District to Conditional 1-2 Heavy Industrial District on property located on the east side of Harpers Road, approximately 6900 feet south of Ocean Boulevard, District 6, Beach District, with three proffers. Tony Arnold: Good afternoon. I'm Tony Arnold, Director of Facilities for the school system. Thanks for placing us on the consent agenda. The application is fine as presented. Janice Anderson: Thank you. Joseph Strange: Is there any opposition to placing this matter on the consent agenda? The Chairman has asked Jay Bernas to review this item. Jay Bernas: Thank you Vice Chairman Strange. The applicant proposes to rezone the site from AG-l and AG-2 Agricultural to Conditional 1-2 Heavy Industrial. They would like to develop this site with a school bus maintenance facility. They are planning to relocate the existing bus maintenance facility at Oceana Boulevard and West Lane, in Oceana Village. The proposed plan depicts a 63,000 square foot maintenance facility, a two-story 15,000 square foot support offices, parking spaces, and a future storage yard expansion. The applicant is also seeking LEED certification for those facilities. The Commission agrees that the consolidation of the school bus maintenance operations on the one site is acceptable. In addition, the Navy has reviewed this application and finds that it is compatible with the restrictive easement that is existing on the property. We appreciate the fact that the School Board is going out of its way to provide an energy efficient and environmentally building, and therefore the Commission has placed this on the consent agenda for approval. Joseph Strange: Thank you Jay. Chairman, I have a motion to approve agenda item 24. Janice Anderson: Is there a second? We have a second by Kathy Katsias. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON AYE BERNAS AYE Item #24 School Board, City of Virginia Beach Page 2 CRABTREE HENLEY HORSLEY KA TSIAS KNIGHT LIV AS REDMOND RUSSO STRANGE AYE AYE ABSENT AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 24 for consent. 1,1 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. OF-7090 DATE: June 25, 200a FROM: Leslie L. Lille~~ B. Kay Wilso~ DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; School Board of the City of Virginia Beach The above-referenced conditional zoning application is scheduled to be heard by the City Council on July a, 200a. I have reviewed the subject proffer agreement, dated April 21, 200a and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure cc: Kathleen Hassen PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS THE TAYLOR GROUP, LLLP AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA TO THE CITY OF VIRGINIA BEACH . st' ~ ThIS Agreement, made the ~ day of . , 2008, by and between THE TAYLOR GROUP, LLLP ("Taylor Group") and E SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA (the "School Board") (Taylor Group and the School Board shall be collectively referred to herein as the "Grantor"), and THE CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia ("Grantee"). WITNESSETH: WHEREAS, Taylor Group is the owner of that certain parcel of property (the "Property") located in the City of Virginia Beach, Virginia, containing approximately 20.00 acres and more particularly described as follows: All '~he certain lot, piece or parcel of land, with the building and improvements thereon, containing 20 acres of land, situate lying and being in the Princess Anne Borough of the City of Virginia Beach, Virgi.nia, and being known, numbered and designated as Tract A, as shov.n on that certain plat entitled, "RESUBDIVISION OF PART OF THE PROPERTY OF THE TAYLOR GROUP, L.P., A VIRGINIA LIMJTED PARTNERSHIP, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", Scale 1" = 200', January 15, 1993 (MB3, P 5; MB 6, P 217; MB 10, P 76; MB 156, P 23 & 24), which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 226, at pages 7, 8, and 9. WHEREAS, by agreement of sale, Taylor Group has agreed to sell the Property to The School Board of the City of Virginia Beach, Virginia (the "School Board"); and WHEREAS, the School Board (on behalf of Taylor Group) has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-l to Conditional 1-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, Grantor acknowledges that the competing and sometimes incompatible m;es conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection cf the community that are not generally applicable to land similarly zoned I I are needed to cope with the situation to which Grantor's rezoning application gives rise; and WHEREAS, Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical redevelopment, operation and use of the Property to be adopted, as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Rezoning Site Development Plan", dated February 27,2008, prepared by Landmark Design, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Concept Plan"). 2. When the building depicted on the Concept Plan is developed, its exterior appearance shall be substantially similar in architectural features, details and building materials to the exhibit entitled, "Proposed Rezoning Building Elevations", dated February 27,2008, and prepared by Dills, Ainscough, Duff Architects, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). 3. Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the A-I and 1-2 Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by Grantor and allowed and accepted by Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Propf:rty and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendmf:nt is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the CiIcuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified (:opy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. Grantor covenants and agrees that: 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any nonco:npliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate actions, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by a decision of the Zoning Administrator, made pursuant to these provisions, Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.) I I WITNESS the following signatures and seals: GRANTOR: THE TAYLOR GROUP, LLLP By: Name: (SEAL) J.e~ ate: ~O~ STATE OF Vjr.gl~ CITY/COUNTY'8F ~I",j u Bp u...rCtl , to-wit: The foregoing instrument was acknowledged and sworn before me this OfcSt'day of~,2008bY I . ~ r ,as B.L-th)(j kd ~Y1t on behalf of ex-.., \ \ \ \\111 It'll f "" N\. CHA fIll , :{ ....... ..,,/:)^ // ....' v PI," ^' '" ~ ....1 vs....~ ~ <'~ '. (.. - . ~ () '., - i REGISTRATION ~ =- ; NUMBER : ~ = ~~'" 211471.....tf -;.'" %-,..;.... ....~\~ ~ //,.;:.~ALn\ O~ ~"........ If \\\ 11111 1111\\ My Commission Expires: My Registration No. 1-3/-0'1 c:;)114+1 GRANTOR: THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA By: ..' - COMMONWEALTH OF VIRGINIA ", CITY OF VIRGINIA BEACH, to-wit: .' .' . , The foregoing instrument was acknowledged and sworn before me this ~~iay ',.:.;.,;\....:../ of fYltu...L. ',2008 by 1'o~V\ S. V-alocO-Y , on behalfofthe School Boar4.of.,~,."/ the~nia Beach, Virginia. I.~~. !)~ NOT AR PUBLIC My Commission Expires: ?!:p!a --&) 7/JID My Registration No. I 'l2 /)lf4- I v...,"'_'"__mw__",.~~t4 ~ ~ GRANTOR: THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA COMMONVffiAL TH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The f4)regoing instrument was acknowledged and sworn before me this 21'8 day of~, 2008 by James G. ~errill, on behalf of the School Board of the City of Virginia Beach, Virginia. IPho ,oS ~~ ~ fo ~ ~-~~ NOTARY PUBLIC My Commission Expires: 5~1- 30 j 2()IO My Registration No: /'3'731 Office of the Superintendent MAY 2 7 2008 - 43- Item V-L6. PUBLIC HEARING PLANNING ITEM # 43681 The following registerl!d in SUPPORT: Attorney R, J. Nutter, 4425 Corporation Lane. Phone: 528-3214, represented the applicant Charles A. Taylor, 436 Lineberry Road, Phone: 486-2772. represented Mayor's Committee for the Aging Everett G. Johnesee, 3;!88 Page Avenue, Phone: 496-0468, Bill Buono, 3109 LynnJlQVen Drive, Phone: 481-/740, Chairman of the Great Neck Association of Civic Leagues. represented the Board of Directors - Lynnhaven Colony Civic League, distributed a copy of correspondence from William Schelling, President - Lynnhaven Colony Civic League. Said letter is hereby Made a part of the record. Thefollowing registered in OPPOSITION: Benjamin E. Joyce, 230.1-204 Beach Haven Drive, Phon: 481-5182, represented the citizens of Shore Drive William Balzer, 2312-304 Beach Haven Drive, Phone: 496-1997. represented the Lynnhaven Beach Condo Association Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED Ordinance upon application of WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC., for a Conditional Use Permit: ORDINANCE UPON APPUCATION OF WESTMINSTER- CANTERBURY OF HAMPTON ROADS, INC. FOR A CONDITIONAL USE PERMIT R06982198 BE IT HEREBY ORDALVED BY mE COUNCIL OF mE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Westminster-Canterbury of Hampton Roads, Inc., for a Conditional Use Permit for a home for the aged, disabled or handicapped (extension) at the nOl1hwest comer of Shore Drive and StarfISh Road. Said parcel is ioeated at 3100 Shore Drive and contains 12,639 acres. LYNNHAVEN BOROUGH. The following conditiom' shall be required: 1. ThE' conditional use permit is approved for the addition of a four- levd parking structure, 164 independent living units and minor revisions to the existing structure, as depicted on the submitted site plan. Development shall substantially conform to the site plail prepared by SFCS Architects and on file with the Department of Planning. 2. Prior to final site plan approval, more detailed architectural renderings, elevations, and material and color samples shall be submitted for review and approval by the Planning Director or designee, to ensure compatibility with the existing senior housing faci rity and the surrounding area. June 9, 1998 I I - 44- Item V-I.6. PUBLIC HEARING PLANNING ITEM # 43681 (Continued) 3. The applicant shall be responsible for any access improvements deemed necessary by City Traffic Engineers, upon completion of the review of the submitted traffic impact study. 4. Revisions to the depicted inflltrationsystem configuration(s) may be required in conjunction with final site plan review. 5. The parlcing structure design shall include walls at each level of sufficient height to screen automobile headlights, to prevent glare onto adjacent properties. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of June. Nineteen Hundred and Ninetv-Eight. Voting: 9-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker. Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Linwood O. Branch, III and William W. Harrison, Jr. Council Members Absent: None Councilman Branch ABSTAINED as he has family members who are reside at Westminster-Canterbury Councilman Harrison ABSTAINED as his law firm represents the applicant. June 9, 1998 WESTNII NSTER-CANTERBU RY M Atap 11;-:2 Westminster-Cantebu ~ r Modification of Conditions Relevant Information: · Lynnhaven District · The clpplicant proposes to modify the conditions of an existing Use Permit to allow the addition of a 2 to 3-level parking structure on the southeastern corner of the site. · The proposed architectural design of the proposed structure is in keeping with the existing retirement facility and parking structure and will utilize the same building materials that are currently used on the buildings located on the site. · The clpplicant volunteers to make a donation to the City's Tree Rest4>ration - Shore Drive Area Trust Fund in the amount of $4,000 to partially offset the loss of live oak (Quercus Virginia) trees on the propl~rty to be developed. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0) · Them was no opposition. Consent Agenda. I I -;tJ'~ 4~~" .....t~" (~ :-:.. ,,~\~, ~'u{ ., .l~~ . ~ .~" "-;'f\~ ",':1} ~+:~"~y ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. for a Modification of Conditions for a request approved by City Council on June 9, 1998. Property is located at 3100 Shore Drive (GPIN 1590004510). AICUZ is Less than 65. DISTRICT 5 - L YNNHA VEN. MEETING DATE: July 8,2008 . Background: A Conditional Use Permit permitting a Home for the Aged, Disabled, and Handicapped was approved by the City Council, on June 9, 1998. The applicant proposes the addition of a 2 to 3-level parking structure on the southeastern corner of the site. Condition 1 of the 1998 Use Permit requires the site be developed substantially in accordance with the site plan submitted at that time. The applicant is requesting a modification of that condition to allow construction of a second parking structure that was not shown on that plan. . Considerations: The proposed parking structure will be situated over the existing surface parking lot located at the southeastern corner of the site. The proposed structure will be two levels in height along Shore Drive, graduating to three levels in height, 65 feet from Shore Drive. The applicant anticipates a six to eight month construction schedule. Currently, 110 parking spaces are located on the surface parking lot where the parking structure will be constructed. When the structure is under construction and these spaces are unavailable, the applicant will enter into a series of agreements for off-site satellite parking on properties located within the Shore Drive Corridor. The applicant will provide transportation to and from the off-site lots. Additionally, vehicles of residents who no longer use those vehicles will be taken to long term off-site storage facilities. The applicant believes this plan will provide sufficient parking for residents during the construction of the parking structure. The proposed parking structure will provide 252 parking spaces, which will result in a net gain of 142 parking spaces on the site. The proposed architectural design of the proposed structure is in keeping with the existing retirement facility and parking structure and will utilize the same building materials that are currently used on the buildings located on the site. The proposed structure provides some architectural detail in the form of 'coastal' style towers at each end of the structure and planters on the second and third levels. The overall height of the structure is 36.5 feet. . Westminster-Canterbury of Hampton Roads, Inc. Page 2 of 3 The Pia rming Commission placed this item on the consent agenda because the proposed parking garage will be compatible to the existing building, will increase the number of parking spaces on the site by 142, and there was no opposition to the proposal. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on June 9, 1998 remain in affect. 2. Condition Number 1 of the June 9, 1998 Conditional Use Permit is deleted and replaced with the following: a. The parking structure shall be developed substantially in accordance with the submitted "SITE PLAN DIAGRAM AND CONCEPTUAL SITE PLAN - WESTMINSTER CANTERBURY" prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated April 1, 2008. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. b. The parking structure shall be constructed substantially in accordance with the submitted "PERSPECTIVE PLANS LABELED 1-3, ELEVATIONS LABELED 4, SITE PLAN LABELED 5, AND LEVEL ONE, TWO, AND THREE LABELED 6, 7, AND 8" prepared by SFCS, dated March 27,2008. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. c. Trees on the site shall be preserved to the greatest of the applicant's ability substantially in accordance with the submitted "TREE PRESERVATION PLAN - WESTMINSTER CANTERBURY", prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated May 14, 2008. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. The applicant volunteers to make a donation to the City's Tree Restoration - Shom Drive Area Trust Fund in the amount of $4,000 to partially offset the loss of live oak (Quercus Virginia) trees on the property to be developed. . Attachments: Staff Revi ew Disclosur(;! Statement Planning Commission Minutes Location Map I I Westminster-Canterbury of Hampton Roads, Inc. Page 3 of 3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department t\ ~ City Manager: ~ "'? J <1J 6fl't · "\. WEST'MINSTER- CANTERBURY OF HAMF'TON ROADS, INC. Agenda Item 1 0 June 11, 2008 Public Hearing M. ^1ff !Is!.,. Westminster-Canterbu REQUEST: + r Staff Planner: Faith Christie MoclificaOcm of Conditions Modification of the Conditional Use Permit approved by the City Council on June 9, 1998 for a Home for the Aged, Disabled and Handicapped ADDRESS I C ESCRIPTION: Property located at 3100 Shore Drive GPIN: 15900045100000 COUNCIL ELECTION DISTRICT: 5-LYNNHAVEN SITE SIZE: 12.19 ACRES SUMMARY OF REQUEST The applicant )roposes the addition of a 2 to 3-level parking structure on the southeastern corner of the site. The proposed parking structure will be situated over the existing surface parking lot. The proposed structure will be located 9.79 feet from the property line adjacent to Shore Drive at the closest point, and 52.92 feet from the property line adjacent to Starfish Road. The proposed structure will be two levels in height along Shore Drive, graduating to three levels in height, 65 feet from Shore Drive. The applicant anticipates a six to eight month construction schedule. Currently, 110 parking spaces are located on the surface parking lot where the parking structure will be constructed. When the structure is under construction and these spaces are unavailable, the applicant will enter into a sel"ies of agreements for off-site satellite parking on properties located within the Shore Drive Corridor. The applicant will provide transportation to and from the off-site lots. Additionally, vehicles of residents who no longer use those vehicles will be taken to long term off-site storage facilities. The applicant believes this plan will provide sufficient parking for residents during the construction of the parking structure. The proposed parking structure will provide 252 parking spaces, which will result in a net gain of 14i parking spaces on the site. WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. Agenda Item 10 Page 1 I I The proposed architectural design of the proposed structure is in keeping with the existing retirement facility and parking structure and will utilize the same building materials that are currently used on the buildings located on the site. The proposed structure provides some architectural detail in the form of 'coastal' style towers at each end of the structure and planters on the second and third levels. The overall height of the structure is 36.5 feet. The Conditional Use Permit permitting a Home for the Aged, Disabled, and Handicapped was approved by the City Council on June 9, 1998. The Conditional Use Permit has five (5) conditions: 1. The Conditional Use Permit is approved for the addition of a four-level parking structure, 164 independent living units, and minor revisions to the existing structure, as depicted on the submitted site plan. Development shall substantially conform to the site plan prepared by SFCS Architects and on file with the Department of Planning. 2. Prior to final site plan approval, more detailed architectural renderings, elevations, and materials and color samples shall be submitted for review and approval by the Planning Director or designee, to ensure compatibility with the existing senior housing facility and the surrounding area. 3. The applicant shall be responsible for any access improvements deemed necessary by City Traffic Engineers, upon completion of the review of the submitted traffic impact study. 4. Revisions to the depicted infiltration system configuration(s) may be required in conjunction with final site plan review. 5. The parking structure design shall include walls at each level of sufficient height to screen automobile headlights, to prevent glare onto adjacent properties. Condition 1 requires the site be developed substantially in accordance with the submitted site plan. The applicant is requesting a modification of that condition in order to construct a second parking structure as described above. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Retirement community, 4-level parking structure, surface lot parking, and mature landscaping. SURROUNDING LAND USE AND ZONING: North: South: East: . Chesapeake Bay . Shore Drive . Across Shore Drive are several small strip shopping centers / B-2 (SO) Business with a Shore Drive Corridor Overlay . Starfish Road . Across Starfish Road are multi-family dwellings I B-4 (SD) Mixed Use with a Shore Drive Corridor Overlay . Multi-family dwellings I B-4 (SD) Mixed Use with a Shore Drive Corridor Overlay West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is located within a Resource Management Area of the Chesapeake Bay Preservation Area. The site is landscaped with mature WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. Agenda Item 10 Page 2 live oak and pine trees, and shrubs, perennial and annual flowers. Eight trees will be lost to the construction of the parking structure. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TI~ANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Shore Drive in front of this site is a four-lane divided arterial. The Master Transportation Plan (MTP) depicts the roadway as a 150-foot wide divided highway with a bikeway. Improvements to this section of Shore Drive are idEmtified in the Shore Drive Corridor Improvements Plan Phase III and are currently listed as inactive. TRAFFIC: Str'eet Name Present Present Capacity Generated Traffic Volume Shore Drive 41,400 ADT ' 27,300 ADT 1 No change in generated traffic as a result of the construction of the parking structure. Average Dally Tnps WATER and SEWER: The site is connected to City water and sewer. SCHOOLS: School populations are not affected by the request. Recommendation: Staff recommel1ds approval of this requested modification, as conditioned below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this area as being within the Primary Residential Area - Shore Drive Corridor. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Primary Residential Area. Evaluation: The request to modify the existing Conditional Use Permit, approved by the City Council on June 9, 1998. to allow the construction of a 2 to 3-level parking structure is acceptable. The applicant appeared before WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. Agenda Item 10 Page 3 I I the Bayfront Advisory Committee and received a favorable response. The proposed structure will replace an existing surface lot parking, netting a gain of an additional 142 parking spaces for the existing residents. The applicant has taken care to limit the scale of the proposed structure to the height of adjacent buildings, thus maintaining the existing scale along this portion of Shore Drive. While the proposed structure does not meet the required setback along Shore Drive, Section 221 (i) of the City Zoning Ordinance 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 staffs opinion that the reduced setback is compatible with surrounding properties and will result in no further detriment than that potentially caused by existing multi-family projects adjacent to and surrounding the subject site. Therefore staff recommends approval of the request subject to the conditions listed below. CONDITIONS 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on June 9, 1998 remain in affect. 2. Condition Number 1 of the June 9, 1998 Conditional Use Permit is deleted and replaced with the following: a. The parking structure shall be developed substantially in accordance with the submitted "SITE PLAN DIAGRAM AND CONCEPTUAL SITE PLAN - WESTMINSTER CANTERBURY" prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated April 1, 2008. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. b. The parking structure shall be constructed substantially in accordance with the submitted "PERSPECTIVE PLANS LABELED 1-3, ELEVATIONS LABELED 4, SITE PLAN LABELED 5, AND LEVEL ONE, TWO, AND THREE LABELED 6, 7, AND 8" prepared by SFCS, dated March 27, 2008. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. c. Trees on the site shall be preserved to the greatest of the applicant's ability substantially in accordance with the submitted "TREE PRESERVATION PLAN - WESTMINSTER CANTERBURY", prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated May 14, 2008. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. The applicant volunteers to make a donation to the City's Tree Restoration - Shore Drive Area Trust Fund in the amount of $4,000 to partially offset the loss of live oak (Quercus Virginia) trees on the property to be developed. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. Agenda Item 10 Page 4 . .. ~ \ \ , l., \ . ~ ,. \ . .\' ....~ l. l' " " t , . ~ PROposeo S'1'e PLt.N WE.S1M\NS1E.R-CAN1E.Rl3UR'{ Of HAMP10N ROADS. INC Agenda \tero "\ ( page - -- -/---------- -- -- --- --- - --~ I I , , III J " I=~ 51~ lRZ .... Cl oZ :l~ 1- ..J . ~j - > - 'C,.. U .. < ~ Cl: 0 > ~ i- ~ , ;J ~ ~ .. . , = f ~ , . c .c ..J tIj ~ ... ~ E-o \, U ~ ~. E-o ... . ::z: u ~ Cl: -< ~ _I ,..-~- I 0.. -< ga U ~ 1 Q ~ Z t . ~ -< i ~ I 111 . ~ ..J ! l: ..J . I j e!! Uli .. 0.. ) :f U ~ c ~ .. - c.-. c r -- s:: i! 1::ilr. = ~ ~ ..... c;:-- s:: 1 D;sH ;: ~~ 1 ~ 1 ~ · 1111 ~ ~ ~ = 1 ~ I ..QI!Q :z: C OO..~ t . -< ~'c~ I ... 'fill -- 1 Q ~:> z i z ~..c-< 1 j rI.l M ::E 0.. al E-o t ~..;J I ~ 'c 0 ~~.- t ;j ~e: J PROPOSED SITE PLAN WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. Agenda Item 10 Page 6 t~ ~$ f;4 ~, \\ '!l' t.?~ .. zi ~ ~" ~\ U\ ~\ e\ ~\ ....\ ~\ , r:Il\ ~i ~i ~t ~\ ~l. ~ ~\ ~ ~\ ~ ~~ ~ r:Il , ~ ~\ t.-I ~ \ ~ ~i ~ ~~ <4 p.. i U ~\ '7' -' '< ~ , ~ r.....' ~, ~.- ~\ e ~ ~\ r:Il ~ 'a ml ~ ~'.~- ~\ p ~> . !-l r-~ \ t1 t/) & ~t U ~,~;;;)\ ~ ~'~ ~\ U ~ > ~i \ \. \ \ \ \ e ~ $ ~1. r .a oil .. = oS :i".." .... of. :.~.... j \ ,!1! s ~ 1 'l' ~ Ck ~ ~ol! ~ !i to 'il~>d ~.:; i ii, ttf ~i ~ J A Q) I: ? 'Co ~ Q) ~ ~ ~ \.. '\ (~---o'"--~-{' ~ ,I ~'& .. 111 Iii.... l\l ~~ to ~~r~~}'- -( '''I\\'-' ~.! -0 ;:'" ~ PROPOSEO S,,.E p\...AN -- WESTMINSTER-CANTERBURY of HAMPTON ROADS, INC. Agenda \tem 10 Page 7 I I ,~ , \\ ~~~ ,~ < ~::c . ~~ Oil 8~ : ci ~\ ._\~ 4( ) 8 J :." ~W x ~~.i- \--.) \ I \ ~ \ PROPOSED BUILDING PERSPECTIVE WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. Agenda Item 10 Page 8 ., '- ~ WE.STlIIIINSTE.R-C/l.NTE.RBUR'I' Of l-\/l.lIIIPTON RO/l.Os,lNC Agenda \tem '\ ( page' ----------- .-- PROPOSED BU\LDNG PERSPEC'TNE -- 1'1 ~, ~ <( ~~ : V~ :.: . ~~ < . C~ ~ :~':. aC{J : \~~ ~ PROPOSED BUILDING ELEVATION WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. Agenda Item 10 Page 10 Ma~~f t!t~]e Westminster-Canterburv of Hampton Roads. Inc. ~ \I\~ , ~ ~\~,~., ~~~f\~ ~ 'l;0. ., ~ \\\ II; \, \H \ -f~ }( .... ~ 1-- j\J '"'I llJ.,.: ~ IJ \ ~ ~.f\1J~~ ~~.. ~ ~ ~~~ "~, ~" l ~ ~1 Pi~f _ "~ =- . ~:~ Q' J ~; - OL _ ' r JJ.'(7d.,~ . ~ 'I /. 11. 01.. . ,1 ..-\;; ~ ./1 l \\''\~ '...?C ~ ~ ~ ~\\~ ~~~ ~ ~ \\ ~ . 8t:-fl'll \\ ~. ~\ ~ _ ~ ~~J~ I' .~ ~ ~'_'~ '~\C~-~ ~~I~!~I_ ~ ~ '..u.r' ~~ ~~~ -do ~ ~\ \.." '" :~ ~ ~ ~\..!!>::~,\ .....-_~ l' .~""" (l . ~~~~\!\\~~ ~. _ n..--:J~...."ro I\\~_ ~~ J~ ~ T 1'1 I II Modification of Conditions 1. 6/9/98 Conditional Use Permit (Home for the aged, handicap or Approved disabled - extension) 11/14J77 Conditional Use Permit (Home for the aged, handicap or Approved disabled) 4/11/74 Rezoning (B-4 Resort Commercial to H-2 Hotel) Withdrawn 8/21/72 Street Closure Ap roved 2. 11/27/01 Conditional Use Permit (Multi-family dwellings) Approved 10/2/01 Conditional Use Permit Multi-famil dwellin s Denied 3. 8/8/95 Street Closures Kleen Street and Ocean A venue A roved 4. 12/3/02 Conditional Use Permit Multi-famil dwellin s Approved 5. 1 0/29/96 Vacate 20-foot easement A proved ZONING HISTORY WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. Agenda Item 10 Page 11 I I I -,' t~p~~~" DISCLOSURE S1 A TEMENT I 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, finn. 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) 'A 2. Ust all businesses that have a parent-subsidiary' or affiliated business entity'! relationship with the applicant: (Attach list If necessary) \ ~'A 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 City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? Moditlcatlon of ~ AppIk:8tlon Page 10 of 11 ReIIised 7/3107 z c: ~ ~ ~ CI':) Z c:- ~ R ~ c: ~ C ~ ~ c::=~ ~ ~ I I E:I ~ C' ~ ~ DISCLOSURE STATEMENT WESTMINSTER-CANTERBURY OF HAMPTON ROADS. INC. Agenda Item 10 Page 12 ~ 8 ~1 ~ ~ ~ I . H ~ c:....:>> r..... I <=> ~ I . ~ I . r..... I I . c:::a ~ l DISCLOSURE STATEMENT] ADDITIONAL DISCLOSURES L~,t 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 se rvjces, real estate services, financial services, accounting services, and legal J81Mces: (Attach list if necessary) '/Letml - Troutman Sanders LLP i/ 1 l..J:rl1dscaoe ArchitecturelTree Preservation Studv - WPL / AII:f\ledurelEnafneertna - SFCS and WPL ~ntractor - W. M. Jordan 1 .Parent-subsldlary relationship" means "a relationship that exists when one colporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Into rests Act, Va. Code ~ 2.2-3101. 2 "Affiliated business entity relationship. means "a relationship, other than palent-subsldlary relationship. that exists when (I) one business entity has a corltroDlng ownership interest in the other business entity, (ii) a controlling owner in ono entity is also a controlling owner in the other entity I or (iii) there is shared management or control between the business entities. Factors that should be considered in detennining 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 othelWise a close working relationship betN88n the entities" See State and Local Government Conflict of Interests Act, Va. Code S 2.2-3101. CEFtTIFICATION: I certify that the Information contained hetein Is true and accurate. J understand thet. upon re<:eipt of notIfi<;ation (postcard) that the applicetion has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at leas I 30 days prior to the scheduled public hearing according to the nstrucltonS In this package. The unclflrslgned also consents to entry upon the subject property by employees of the Department of Plal1n1ng to photograph and view the site for purposes of p!!>c"slng and evaluating this application. /' W___~~bdo,j" , r---- VBv: ''If// it(a~; i~t"~ / tt'1i ~.:.{(A t~ t,~ n~o_"'~. ~: <~ ({, .. , App1Icant'.\ SigDature Print Name ~ Prop my OwDer's SiptUre (if d.if1mDl than applicant) Print Name MocIlftcetil:nofConlllloN ~ Page 11 0' 11 Rlw\S8d 113101 DISCLOSURE STATEMENT WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. Agenda Item 10 Page 13 I I Page 1 of 1 Faith Christie From: Bill Verebely [verb@visLnet] Sent: Wednesday, June 11, 2008 10:43 AM To: Faith Christie Subject: Westminster-Canterbury Faith: Sorry I did not have time to complete my thoughts in my earlier email concerning the proposed parking garage. My neighbors and I do not oppose the new parking structure. It looks well designed and thought out. During the construction of the last project our neighborhood was disrupted by the noise, construction traffic, and lack of parking in the area. We understand that was going to end after the building and parking garage were completed. We put up with the turmoil and after awhile it was over. Parking in the neighborhood was still a problem. Westminster bought a lot to the East of us on Ocean Ave. and built a satellite parking lot. We were told that this lot was for employees. The employees use up the available public street parking first, because it is a shorter walk to the building. I was told by Westminster management that these "were public spaces and that they could not keep their employees from using them". So the satellite parking lot is half vacant most days. They also us part of the Lynnhaven Fishing Pier's parking lot which brings some of their parking within 10' of my front windows. Their employees work a 12 hour day so there are many days that at 7:00 am and again at 7:00 pm we are disturbed by loud talking and car radios blaring. Many times we have had to go out to them and ask them to reduce the noise, Trash is often left on the pavement. Everything from drink cups to sandwich wrappers. These often end up on our property for us to pick up. When their employees do use the satellite lot, many walk down our private driveway to get to Starfish Road. I understand that it is the shortest path from their parking lot to their building and that our building structure is cantilevered so that on rainy days it offers some protection. We park under our units and when we drive out its around a blind corner. Several of my neighbors have almost run over their employees because we could not see them walking so close to our building. Now for the solution. Dedicate the satellite parking lot for long term parking and fill it up. Their security guards can check it now and then. Provide "on site" employee parking in the spaces freed up by the relocation of long term parking move. This keeps the noise and trash away from the neighbors. It is also a shorter distance to the building. Shorter than the street public parking spaces they nqw occupy. Also the path from the parking garage may have a weather protected path to protect their employees ob rainy days. I know you are in the planning session at this time but hope you get this before the noon session. I can not be there today but will be at the Council meeting to express our concerns. Best wishes, William M. Verebely, Jr., A.I.A, 0\/ L(Ct,\ \ [')\! t 'I etL L. ( ~ ~ lCU'l dL e(L(~.L~lj rrDtlu:Lu'l. P{U ~Ln~ - .)5 i 1?S ~! 1'2-. ?Spe) rJ-t 1 11"'\^^n Faith Christie From: Bill Verebely [verb@visLnet] Sent: Wednesdai, June 11, 20087:54 AM To: Faith Christie Subject: Westminstor-Canterbury Faith: It is with great hope that as Westminster adds parking that they would provide for employee parking on site. My neighbors and I can not have our kids and grand kids visit during most of the year because Westminster's employees use the few public spaces on the street. Now with summer here, beaches open, fishing pier open, no parking can be found. Hope they are being required to provide enough parking for their staff as well as residents. Best wishes, William M. Verebely, Jr, NCARS 6/11/2008 I I ./!qnn6fuvte &mdmninium (M6OC. 2308-2314 S~fi!lloo.d ViItginia 9Jeacfi, Va 23451 ../KIi.!l). William 9'ine-Vke [f~Uknt W~~Wt-&ur.wtDwuj on ~apealie 9JCUj 3100 Sfw-w !l)ttilre Vittginia 9Joodt, Va 23451 apttil17, 2008 :i)ewr, M.ot.. [fine, fjltan/i yo.u. flvt Ulfdn.g. tIte time to. a.dui6e Owt ",,6o.ciati6n of. tJie P'UJ.f'06ed CM6btudWn of. a pcvJt.ing 6tw.dwte on. tJie WUWt of. StaJtfi6ft 9ld d 61Uvte!lJWu. U6 yo.u. au wJl awwte tIte &<<d ~ ~ 6uf/e4 f.wm a wdain amount of. ttraf/.ic ~tUm, e6Pecia.f.bJ in tIte 6unurwt. nuJnl&. fjfk &ulclin.g- pla.n6 d cbuuuin.g.6 yo.u. 61Uured wdainllj denwtwtltate IjOU't. Mganhaticn! 6 conwm flvt 1jOU't.~. fjfu. ~ rruuk to. include CU6t1kt.ic6, CMUnuitlJ and /undUm a6 wJl"" ~ ~ in. mdfwd6 of. CM6tfuu:timt did no.t g.a. UIUUJti<<d. U6 we Iiaue tJie n.eme6t p'UY.limittJ to. tire p'UJ.f'06ed co.tWtIutctioIt 6Ue., ~ t:kWUln to. ulil.Vu tJie uttiiJltt-twur!' fane on SIUvte :i)'tiue foJi tIU ~ of. CM6ttwdion i6 af6o. ~ appuciated We 6tand in. 6upplJld of. tJie appruwal of. ~ pw.j.ect, and tcoIi ~ to. m.an.y. cantinuinfJ tpaJt6 oj. pwtbwt6/iip d co.o.pe'Ullion. Signed.: Item # 10 W estminster-Cant,~rbury of Hampton Roads, Inc. Modification of Conditions 3100 Shore Drive District 5 Lynnhaven June 11,2008 CONSENT Joseph Strange: The next matter is agenda item 10. An application of Westminster- Canterbury of Hampton Roads, Inc. for a Modification of Conditions for a request approved by City Council on June 9, 1998. The property is located at 3100 Shore Drive, District 5, Lynnhaven, with three conditions. RJ. Nutter: Thank you very much. Madame Chairperson, for the record, my name is RJ. Nutter, I'm an attorney representing the applicant. I would like to recognize very briefly Erle Marie Latimer and Bill Pine who are here from Westminster-Canterbury along with David Sparks, who is the President of the Resident Association. We appreciate being placed on the consent agenda. All of the conditions are acceptable. And also, very briefly, I would like to add that during the early morning session, the question came up about the staging area with construction during the course of the destruction of this facility. All of the staging area will be on site, on Westminster-Canterbury property. It will be located where the parking is now. They move back a~; that structure grows. Once it reaches the completion, it will go back another piece of property just by the loading area on the property, but will stay all of the time on Westminster Ccmterbury property. So, I just wanted to clear that up for you. I mentioned it to Faith as well. Again, thank you very much and appreciate being placed on the consent agenda. Janice Anderson: Thank you Mr. Nutter. David Redmond: Excuse me a second. Mr. Nutter, have you seen this email? R.J. Nutter: Yes we did. Faith shared it with us just prior to the session. We're going to get in touch with them. Much of those issues have to do with the course of construction and after construction the parking. They do have some off-site satellite parking, and we're looking at contacting him directly about reducing impacts. We'll use even less of that parking we believe as a result of this expansion. David Redmond: There were a couple of things in here about using private driveway and these sorts of things. I think Westminster-Canterbury may want to investigate. RJ. Nutter: Exactly. I'll give it to Ms. Latimer, and she will follow up with them after the meeting. David Redmond: Okay. Great. Thank you Item # 10 Westminster-Canterbury of Hampton Roads, Inc. Page 2 R.J. Nutter: Thank you. Joseph Strange: 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: The applicant, Westminster-Canterbury of Hampton Roads, is asking for a Modification of the Conditional Use Permit that was approved June 9, 1998. The property located at 3100 Shore Drive. The applicant proposes the addition of a two to three level parking structure on the southeastern corner of the site. The proposed parking structure will be situated over the existing parking lot. The structure will be located 9.79 feet from the property line adjacent to Shore Drive at the closest point, and 52.92 feet from the property line adjacent to Starfish Road. The applicant anticipates the construction to take 6 to 8 months. Currently, they have 110 parking spaces. The structure will contain 252 parking spaces, which will result in a net gain of 142 parking spaces on the site. 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 10. 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 10 for consent. I I r.~~~1 ..." . ':;', $~('i~1\'~ ~J,,, Iii ~~'~.#"l:/ :..~....~.J ....Ot-..,.~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach - Amendment to City Zoning Ordinance pertaining to Communication Towers and Antennas. MEETING DATE: July 8,2008 . Background: An Ordinance amending City Zoning Ordinance regulations pertaining to communication towers and building-mounted antennas, including definitions, pre- application and application requirements, locational and landscaping and other requirements, and zoning districts where permitted. . Considerations: In December of 2007, the City Council requested the City staff to review the current zoning regulations pertaining to communication towers, particularly in regard to the impact of new technologies, the affect of wireless communication antennas on the ability of emergency responders to communicate, and the desire for wireless communication providers to co-locate on existing facilities. The proposed amendments are the result of staff's review, as well as the input of representatives of the wireless communication providers and tower construction firms. The amendments to Section 111 redefine the terms "building-mounted antenna" and "communication tower." The new definition of "building-mounted antenna" contains technical changes only, and the new definition of "communication tower" clarifies the term and preserves the existing exemptions for private home use of satellite dishes and television antennas or licensed amateur radio operators. In addition, a new definition, "wireless telecommunications equipment," is added as a term encompassing antennas and their associated equipment. The amendments to Section 232 revise and expand many of the existing provisions regarding communication towers and add new requirements not present in the current ordinance. Some of the provisions have been incorporated into the revised ordinance (e.g., setbacks, landscaping). A summary of the changes are provided in the attached staff report. CITY OF VIRGII~IA BEACH - AMENDMENT TO THE ZONING ORDINANCE COMMUNICA TI ON TOWERS AND ANTENNAS Page 2 of 2 . Recommendations: The Planning Commission voted 10-0 to recommend approval of the amendments; however, the commission modified the proposed ordinance to allow, with a Use Permit, a communication tower to locate in an area zoned P-1 Preservation District that is used or set aside for purposes of preserving open space in its undeveloped or natural state. The ver~iion of the ordinance recommended by staff recommended that towers be 'not permitted' in such areas. The staff version allows towers in areas zoned P-1 Preservation only if those areas are used for recreational purposes (golf course, ball field, etc.). Staff recommends that City Council not adopt the Plannin9 Commission's modification of this provision of the ordinance, as the vast majority of areas that are zoned P-1 Preservation and are 'used for purposeB of preserving open space in its undeveloped or natural state' were either acquired by the City for that purpose or set aside for that purpose as a proffer of a zoning change or condition of a use permit. Such areas are not appropriate locations for communication towers, their associated equipment, and the access roadways that serve them. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval (without the modification of the P-1 District recommended by the Planning Commission). Planning Commission recommends approval with modification to the P-1 District allowing towers in open space and natural areas). ) Submitting Dep,artmentJAgency: Planning Department I . W City ManagerR~ t, ~ l>'m. ~ I I CITY OF VIRGINIA BEACH I AMENDMENT TO THE CITY ZONING ORDINANCE (COMMUNICA liON TOWERS AND ANTENNAS) Agenda Item 26 June 11, 2008 Public Hearing REQUEST: . An Ordinance amending City Zoning Ordinance regulations pertaining to communication towers and building-mounted antennas, including definitions, pre-application and application requirements, locational and landscaping and other requirements, and zoning districts where permitted. SUMMARY OF AMENDMENT In December of 2007, the City Council requested the City staff to review the current zoning regulations pertaining to communication towers, particularly in regard to the impact of new technologies, the affect of wireless communication antennas on the ability of emergency responders to communicate, and the desire for wireless communication providers to co-locate on existing facilities. The proposed amendments are the result of staff's review, as well as the input of . representatives of the wireless communication providers and tower construction firms. The amendments to Section 111 redefine the terms "building-mounted antenna" and "communication tower." The new definition of "building-mounted antenna" contains technical changes only, and the new definition of "communication tower" clarifies the term and preserves the existing exemptions for private home use of satellite dishes and television antennas or licensed amateur radio operators. In addition, a new definition, "wireless telecommunications equipment," is added as a term encompassing antennas and their associated equipment. The amendments to Section 232 revise and expand many of the existing provisions regarding communication towers and add new requirements not present in the current ordinance. Some of the provisions have been incorporated into the revised ordinance (e,g., setbacks, landscaping). The changes are more particularly described below, by subsection: . Subsection (a) [Lines 250-261] adds a statement of purpose, as the current ordinance does not contain one. The unifying theme of the stated purposes is the desire to balance the need for wireless telecommunications services with the goal of minimizing the number of communication towers by requiring co-location where feasible and ensuring that new communication towers will be located on sites where their visual impacts have been carefully evaluated. . Subsection (b) [Lines 263-287] requires that a preapplication conference between the applicant and Planning Director (or designated staff) be held for the purpose of determining the availability of other potential sites for the proposed communication tower and discussing other issues CITY OF VIRGINIA BEACH Agenda Item 26 Page 1 relevant to the application. This provision formalizes the preapplication conference as a required procEidural step in the applicationlreview process, as no application may be filed until a preapplication conference has been held. . Subst3ction (c) [Lines 289-396] sets forth application requirements intended to provide all information necessary to effectively evaluate an application. Special provisions relating to proteGtion of public safety communications facilities are added, as well as provisions intended to allow the staff to evaluate whether the construction of a new a proposed communication tower may he avoided by means of collocation of antennas on an existing site. In particular: o Subdivisions (1) - (4) [Lines 292-317] are largely taken from the current ordinance; engineering data, however, is required to be submitted under seal of a professional engineer licensed to practice in Virginia. o Subdivision (5) [Lines 319-336] is new. It provides that if a proposed communication tower is to be located within one-quarter mile of any residential or apartment zoning district or use, the applicant must submit balloon tests. computer-generated photographic simulations showing the tower in its proposed location, visibility maps, and other information necessary to assess the visual impact of the tower and its appurtenances. The applicant must also provide a summary of the applicant's contacts with the residents of the area regarding the proposed tower. o Subdivision (6) [Lines 338-364], which is also new, essentially requires the applicant to demonstrate a lack of availability of co-location opportunities or sites at which the visual impact of a new communication tower would be less that at the proposed site. Specific information required includes the absence of existing towers, monopoles or structures meeting technical needs of the applicant within the appropriate geographic area; engineering analyses demonstrating that the applicant's proposed equipment would cause interference with the equipment on an existing tower of other structure or vice- versa, or evidence that the contractual provisions required to co-locate the applicant's antenna equipment on an existing communications tower, or to construct a communications tower on property to be purchased or leased, would be commercially unreasonable in light of the location of the proposed facilities. o Subdivision (7) [Lines 366-382] is also new. It contains a requirement, for proposed wireless telecommunications equipment to be located within one mile of an existing public safety communications facility, that a detailed intermodulation study be submitted under seal by a professional engineer licensed to practice in Virginia to determine whether the proposed equipment will interfere with the public safety facilities. o Subdivision (8) [Lines 384-387] requires a map illustrating that the proposed communications equipment will not be located within a 200 - foot buffer of the microwave path between any existing public safety communications sites. This provision is also new. o Subdivision (9) [Lines 389-396] is new, and applies to applications for proposed wireless telecommunication equipment to be located on a water tank or within the secure area of a water tank site. It requires a security plan showing the times at which access to the proposed equipment will be allowed. the identities of the persons with authorized access to such facilities and such other information as the Director of Public Utilities may require. If a security plan is part of the lease between the City and the applicant, however, the CITY OF VIRGINIA BEACH Agenda Item 26 Page 2 I I requirement does not apply. . Subsection (d) [Lines 398-439] contains locational and design requirements for communication towers. It sets forth the primary factors the City Council is to consider in determining whether to grant or deny a conditional use permit for wireless telecommunication equipment. Those findings include: o Whether the antennas or other equipment intended to be affixed to a tower cannot be accommodated on an existing or approved tower within such radius as is reasonably necessary to provide adequate coverage and capacity; o Whether the proposed tower is designed structurally and in all other respects to accommodate both the planned equipment and comparable equipment of at least two (2) additional users if the proposed tower is greater than one hundred (100) feet in height or at least one additional user if the proposed tower is less than one hundred (100) feet in height; o Whether the proposed application conforms to the requirements of subsection (h), pertaining to public safety communications facilities and water tanks; and o Whether the applicant has agreed, in writing, to allow the co-location of the equipment of other wireless telecommunications providers, to the extent of the capacity of the proposed communication tower, upon commercially reasonable terms applicable to the location of the proposed tower. . Subsection (e) [Lines 441-447] contains construction requirements, which are generally similar to existing provisions. . Subsection (f) [Lines 449-485] sets forth landscaping and screening requirements, which are generally similar to existing provisions. . Subsection (g) [Lines 487-507] contains setback requirements generally similar to existing provisions. . Subsection (h) [Lines 509-535] adds new requirements concerning the protection of public safety communication facilities and water tanks. These provisions are intended to ensure that the operation of such facilities is not compromised by private wireless communications. In particular: o No private wireless telecommunications equipment shall be allowed: (i) on sites with public safety communications facilities or within the secure compounds of such sites; (ii) in any location where the Director of Communication and Information Technology determines, based upon an intermodulation study, that the operation of the proposed wireless telecommunications facilities would present a substantial possibility of causing interference with one or more public safety communications facilities and cannot be satisfactorily mitigated; or (iii) in any location within a 200 - foot buffer of the microwave path of any existing or future public safety communications microwave facility. o No private wireless telecommunications equipment shall be allowed on any City water tank or within the secure area of any water tank site unless there is a demonstrable public need for wireless telecommunications services in the area to be served by such facilities and there is no reasonable alternative site available. In such cases, the CITY OF VIRGINIA BEACH Agenda Item 26 Page 3 applicant shall be required, as a condition of the conditional use permit, to comply at all times with the security plan approved by the City Council. · Subsoction (i) [Lines 537-556] prohibits signage, incorporates Federal Communications Commission and Federal Aviation Administration requirements and proVides for periodic inspeGtions of communication towers by the City. · SubsElction (j) [Lines 558-574], which is new, allows communication towers that are affixed to major electric transmission line structures and that meet the requirements of the subsection as permitted (Le., by-right) uses. The intent of this subsection is to encourage communication tower:; on electric transmission towers by providing an incentive (Le., not requiring a conditional use pt3rmit) to locate them on such towers. Building-mounted antennas are similarly encouraged, but are not allowed at all unless they conform to the requirements of subsection (j). The amendmElnts also revise the use tables found in the various district regulations of the ordinance, primarily to reflect the definition modifications proposed for Section 111. The most significant change in the use tables allows communication towers that are affixed to major electric transmission line structures and that meet the requirements of the subsection (j) [last bullet above] as permitted (Le., by-right) uses. RECOMMENDATION Approval of the amendments is recommended. The amendments update Section 232 to reflect new wireless communication technologies, protect the ability of emergency responders to communicate without interference from private-sector wireless communication facilities, and ensure that all co-location possibilities have been investigated. CITY OF VIRGINIA BEACH Agenda Item 26 Page 4 I I Item #26 City of Virginia Beach An Ordinance amending City Zoning Ordinance regulations Pertaining to communication towers and building mounted Antennas, including definitions, pre-applications and application Requirements, locational and landscaping and other requirements And zoning districts where permitted June 11, 2008 REGULAR Barry Knight: The last public item to be heard today is agenda item 26, City of Virginia Beach. An ordinance amending City Zoning Ordinance regulations pertaining to communication towers and building-mounted antennas, including definitions, pre-application and application requirements, locational and landscaping and other requirements, and zoning districts were permitted. Janice Anderson: Mr. Macali. Bill Macali: If you don't mind Madame Chairman and members of the Commission, I'll just go through the PowerPoint once it comes up on the screen. We can go ahead and go through it that way. Janice Anderson: Thank you. Kathy Katsias: Is it working? Stephen White: I had to reboot it. Bill Macali: This is kind of a Mac commercial. Janice Anderson: You don't sing or dance Mr. Macali? Bill Macali: No ma'am, I wish I did. Janice Anderson: Okay. I'm just wondering. Maybe you had some hidden talents we didn't know about. Barry Knight: Would you like to practice your speech on us? Bill Macali: What you see is what you get. Stephen White: Here it comes. It's slow. Bill Macali: Can we go to the next slide? First, as I mentioned in my briefing this morning, the ordinance is not nearly as complicated and changes have not been nearly as extensive as Item #26 City of Virginia Beach Page 2 it would appear to be in your agenda, simply because we've repealed the existing ordinance in its entirety and incorporated most of that, and added new things in the ordinance that's deemed the "m:w ordinance" before you today. What we've done essentially is to formalize the existing rev iew process. In other words, we've put into the ordinance actual written requirements for things that the Planning Department and other City departments already do. But it certainly doesn't hurt to formalize them, make them an absolute requirement for anybody who i~; seeking a communication tower. It is just easier. No misunderstandings that way. We've added a few new application requirements, which I'll mention. We've added a few new standards by which the Planning Commission recommends, and the City Council actually approves or denies Use Permit applications for communication towers. We've added special requirements for public safety communication sites and water tanks. The fourth category of things that the ordinance does is to provide incentives for the use of electric transmission towers and existing buildings as sites for antennas. First thing that we've done is to require that before an application is submitted, the applicant, the cell tower provider, must have a pre-application conference with the Planning Department and other interested City departments. At those meetings, they discuss co-location possibilities, the possibility of putting a proposed tower at different sites. In issues related to things like potential interft:rence with City sites and other antennas from the proposed antenna. Another new requirement is that when a proposed site is within a quarter mile of a residential or an apartment district or use, there is no magic in the quarter mile, we just thought it was a reasonable figure to require this for, the applicant has to submit things like balloon tests, computer generated photographs or other things that are needed to assess the visual impact of the tower. Balloon tests of course, is the way you fly a balloon on a string. People get to see pretty much what the tower is going to look like, at least where it is going to be and high it is going to be. The applicant will also have to submit a summary of the proposed contacts with the residents of the area. What do you plan on doing to notify all the people who live in this area that there i:; going to be a cell tower application out there, and once those contacts have occurred, the substance of them has to be reported to the Planning Department, that would be well before the matter comes to the Planning Commission, so even before the Planning Commission takes, or at least by the time the Planning Commission takes up the application, there will be a very good sense on how the communities reacted to the proposed application. These requirements are for the protection of public safety communication facilities. In order to make sure that there won't be any interference with those communication facilities, which is something that the City absolutely can't tolerate, police, communication, and fire, all of those things. If a tower is within one mile of an existing or planned, in other words, a future public safety communication facility, the applicant has to submit what is called a "intermodulatiorl study", which is basically an interference study, and the map showing that the proposed tower will not be within a 200 foot buffer for City microwave paths. They're technical requirements. There even more technical and expanded upon in the ordinance. We got those directly from our COM-IT department, and they were part of the discussions between the Ci~{ staff involved in this ordinance, and the cell tower providers, representatives of whom or pretty much all the providers were present when this ordinance was being discU5sed. I probably should have mentioned that before, but this is a cooperative effort with the cell tower providers. If a proposed antenna array or communication tower is on a water tank, there has to be a security plan which shows how the facilities will be I I Item #26 City of Virginia Beach Page 3 accessed. Who can access them? What times of the day. Things like that, because water tanks are City property, and that would also be covered in a lease. Now, when I mentioned that there were some additional standards for granting or denial, these are those. In addition to the usual Use Permit standards that apply to every single Conditional Use Permit, City Council would be required to give primary consideration to the availability of existing towers for the applicant's facilities. In other words, ifthere are any in the area that could reasonably accommodate the towers, both in terms of the weight of the proposed antennas, the coverage is going to reach the area they need to do. Things like that. And, the other primary factor is whether or not the proposed tower has a collocation capacity. In other words, it has the ability to accommodate other providers antennas as well, and the reasoning there is obviously just to keep the number of towers down. If you could put three or four provider's antennas on one tower, that is much better than having four separate towers, each with one antenna or two or something like that. The applicant, by the way is also going to be required to acknowledge that it will allow collocation on commercially reasonable terms We're assured that there is a great deal of cooperation in the industry such as that; it shouldn't be a problem. Now there are a couple of absolute bars to where towers can be located. They can't be located either on a public safety communication facility or within a secured compound of such a facility, if the Information Technology Department determines there will be a substantial possibility that there would be interference caused by the tower, and that interference can't be satisfactorily mitigated. Also, there could not be any new towers within the 200 foot buffer of the microwave path, as we've discussed before. Water tanks are another situation which there is an absolute bar to them. You can't have then on a City owned water tank or within the secured area unless there is what is called in the ordinance a "demonstrable" public need for the wireless communication facilities in the area, and that there is no reasonable alternative available. Reasonable alternative available doesn't necessarily mean the cheapest alternative, but it does mean a reasonable alternative. There's not really much of a possibility of being able to find an alternative site. In those cases when the applicant is able to make determination or comply with that requirement as a Conditional Use Permit, they will have to comply at all times with a security plan. Again, as I mentioned, the security plan will be in the lease. It will also be in the Use Permit so that ifit is not complied with, the Use Permit can be revoked. The last thing we've done is provide incentives. It is better for people to put antennas on existing buildings if possible or on electrical transmission line towers. And the way we've incentivized that is simply not to require Conditional Use permit for those things, if certain requirements are met. First to the extent practicable, the facility should match the color of the structure on which they're mounted, just a disguise type by camouflaging idea. Communication towers don't project 20 feet above the electrical transmission line tower. With respect to building mounted antennas, they have to be in the least visible location practicable. And even though that last part is cut off, what is says is that there is only one building mounted antenna allowed on any building less than 75 feet in height. I know that is kind ofa very quick overview of the ordinance. Those are the important parts. We did mention earlier today the preservation district issue where we would not allow towers in P-I zoned areas preservation district, but only those areas zoned P-l that are set aside for open space purposes in their natural undeveloped state. Other P-I areas, they would be allowed with a Conditional Use Permit or if they meet these requirements if they can find a building or electrical transmission tower at one of those. Item #26 City of Virginia Beach Page 4 Again, I apologize, I guess for being so quick about this. Maybe I shouldn't apologize, but I will certainly answer any questions. I will do my best to address any concerns with the Commission. Janice Anderson: Thank you Mr. Macali. Are there any questions of Mr. Macali at this time? Go ahead Barry. Barry Knight: Mr. Macali? If we had a high tension line or a power transmission line like we visited a couple of months ago. It was on Parliament Drive, and it went through a Conditional Use Permit process, and the public was notified, the public on that particular issue didn't have any problem, I don't think with the antenna, and after, I believe if you or Planning explained the landscaping that was going around it, it alleviated their fears. That is what is going tc, happen here. But, I was wondering about the generators. Most all of them have generators. Sometimes in a residential district, their bedroom window could possibly be pretty close 10 this static tower that maybe has been there 20 or 30 years with no noise associated with it. And, if we don't give that neighbor any opportunity to comment or possibly maybe no notification of it, and all of a sudden at 3 :00 a.m. in the morning the electricity goes off and this generator fires off, and they weren't notified, is there anyway we can notify them or does that need to be opted out? What suggestion do you have on that? Bill Macali: There is no reason why there can't be notification. That is certainly something we can write in there. Barry Knight: Okay. Bill Macali: What exactly that would be that is open to debate. But, it certainly can be done to address your general concerns. Barry Knight: Thank you. Janice Anderson: Is there anyone else at this time? Thank you Mr. Macali. Mr. Knight, do we have other speakers? Barry Knight: Yes I do. Mr. Gambrell. Bill Gambrell: r like consent agendas. They are nice and short and you don't have to listen to me very much, but today, I'll also make a short presentation to tell you that Mr. Macali, Mr. White, and all of the people on the staff have done a great job of working with this ordinance. I'm biased towards this. I do a lot an awful lot of work with telecommunication providers, and my previous experience working with the City and doing communication work with them gives me an awful lot of time and experience with them. What Mr. Macali has outlined for you is exactly correct. There are a couple of observations that changes might be appropriate. Mr. Knight's point about perhaps requiring a Use Permit for major transmission line antennas if you do a facility on one of those in a residential area might be appropriate. It i) not for me to speak to adding additional regulations for the industry now, I I Item #26 City of Virginia Beach Page 5 because I represent the industry. So, I also represent for the industry that the flush-mounted antennas that this Commission and City Council has embraced on many occasions to be decrease the amount of visual blight, if you will, has been an appropriate appointment that has not been included in this ordinance. One final observation about this ordinance is, and Mr. Macali can correct me, but on the major power transmission lines, in many instances, having just a single user may not be the most appropriate thing because there are major power transmission lines where that structure can accommodate more than one user with 20 or 25 feet, and that may be something that you may want to have precluded by adopting this ordinance. I would suggest to you that you may want to allow for multiple users. You may want a Use Permit for the second user on these, but you may want not to preclude them. Also, in the preservation areas, I know Mr. Macali is certain about that. I think in many instances, he is absolutely correct. These places are supposed to be left open as preservation, but there may be some instances where it may be the most appropriate thing and denying yourself the opportunity to even accept an application and make a vote on that, may not be the most appropriate thing. Again, in all that they've done, they have done a great job, and you all have a great ordinance. My bias, but you have collocation probably as well or better than any municipality in the State and perhaps all around the country. This will do nothing but improve it. Janice Anderson: Thank you Mr. Gambrell. Are there any questions of Mr. Gambrell? Thank you. Barry Knight: Our next speaker is Lisa Murphy. Lisa Murphy: Good afternoon again, I'm Lisa Murphy. I'm here today on behalf of New Cingular Wireless PCS, L.L.C. t/a AT&T. And I too, want to commend Bill Macali and Planning staff, Stephen White, and the folks in Planning. As Bill mentioned, this is something that we've been working in conjunction with Bill on, and I think he has done a great job. It has been really a tremendous amount of work. We appreciate that he has invited us to be involved in the process. I think as a result, at the end of the day, the product will be one that works for the community and the wireless providers. One other point that I will make that came up this morning is that AT&T in its current applications is already meeting these guidelines and requirements, although they haven't yet been incorporated into the ordinance. So, we are already working with staff to make sure that we are complying in those areas. I think Bill mentioned this morning the language "major transmission line". We talked about removing the term "major", because it would be very difficult, ifit is not defined to figure out what exactly that means. That shows up first on page 14. There were several issues that Council asked Mr. Macali and staff to look at as far as the tower ordinance. But when we started to look at the ordinance, we started thinking about ways to really line up collocation as the number one alternative. When I come up here typically, I say carriers collocate because it is cheaper, easier, and it gets the job done faster. In some instances, it means they don't need me. There were places in the ordinance where collocation wasn't necessarily the cheaper and faster means. So, when you look at the VEPCO poles, I know last month you had a couple ofVEPCO collocation, the idea there was if we come up with an administrative process with some set guidelines, that is probably not Item #26 City of Virginia Beach Page 6 something that you need to see every time as far as a Conditional Use Permit. So, that was really the goal with the VEPCO making that collocation just a little bit easier because it is a collocation. Again, with the building mounted antennas, the same thing. This is all subsection J, but talking about making building mounted antennas, which are also a collocation, something that is a little bit easier of a process without a public hearing. The only suggestion that I would make with regard to building mounted antennas in Subsection 3, Bill mentioned that they have to be placed in the least visible location on the building. In some cases, and I can think of a property on First Colonial Road, the antennas are actually hidden behind an opaque screen that is the same color as the building, so technically it is visible, but you don't know there are antennas, because it is behind that screen. So, I would suggest that at the end of Section 3 add "in a manner that's screened from view", because certainly it may be on top of the building but if you don't know it's there that gives us that flexibility of collocating. The other item with regard to building mounted antennas and that is Subsection 4. There is a little bit of concern that there is only one building mounted antenna that is allowed on a building lower than 75 feet. Again, if there is a potential to collocate, and if the build:ng can support additional antennas, it would certainly be the preference of the carriers that if we could collocate there, that be the number one possible alternative. In addition to that, with regard to building mounted antennas, if you look at the various charts, the way the ordinance is written now for building mounted antennas, if you meet the requirements OJ principal uses and they are permitted, and if you don't meet the requirements, it is prohibited. And I would suggest there that those be a Conditional Use Permit, because if you can't meet the requirements there may be a reason and certainly going through a publie hearing process would flush out any issues or concerns, but it still leaves that building open for collocation. As you know, there are not that many tall buildings in the City. And wherever we can try to use them, we do. The one I mentioned on First Colonial, I think is only 50 or 60 feet, and I know that Sprint is operating on that one. So, where we can do it, we would like too, and again, this just gives us a little bit of flexibility. So it is either a principal use if you meet the requirements, or if you don't, then you need a Conditional Use Permit. Last point on water tanks, and I will say, and I know Bill has worked on this and the staff has worked on this. I know the other departments in the City have worked on this. I think the industry is disappointed that water tanks are only available as a last resort. We understand why that is. We understand there are safety and security concerns, but there are certainly areas where we would love to collocate on or next to a water tank. And it is just going to be difficult in those areas. The last point, and I don't want to take up a whole lot of your time, is the point that Bill made about the preservation areas and open space. My concern there is there are instances where you have a golf course or you have another facility that has dedicated open space, where a camouflage structure like a pine tree or one of those slick sticks or even a VEPCO tower, because the way I read this is VEPCO tower use would be prohibited where that might make sense. And it absolutely makes sense to go through a Conditional Use Permit process for that. I don't think it makes sense to preclude those entirely or those areas entirely, because as you know when you get into the residential areas, we need flexibility. If we get onto or near a golf course, we need that flexibility of coming up with stealth structure or some other type of structure that meets the need in a way that blends in with the surroundings. So, I would offer that up for consideration as well. I I Item #26 City of Virginia Beach Page 7 Otherwise, I think Bill and the staff have done an excellent job. We appreciate having the opportunity to be involved in the process, and I'll stand by for any questions that you have. Janice Anderson: Thank you Ms. Murphy. Barry Knight: That is all the speakers that I have signed up. Mr. Romine? Did you care to address us? Steve Romine: I don't want to be redundant. Steve Romine, a local attorney for Verizon Wireless. I would add as well that we appreciate the opportunity to have input with Dave Hanson, the task force, Bill Macali, Stephen White. I think the ordinance is very well balanced. It will improve and enhance and expedite, hopefully, approvals. I think the one thing that I would just focus on is the opportunity to open up public properties. That is part of the purpose clause. I'm hoping that if we follow through, and I know there is going to be big process onto public properties, but that, I think, may be one of the most positive attributes of the new ordinance is the fact that we will be able to get on some City sites and places like that, including existing COM-IT towers. The water tanks are an issue, but there are issues there we might able to get some of those to work. I think the security part of that is a concern. Preservation comments, I'll echo what Lisa said. If there was some way that those could be considered on a Cond.itional Use Permit, I think that would be helpful because there are going to be instances where you're in a preservation area where it is appropriate. You might have a power line or something else that might provide an opportunity for collocation. But all and all, I do appreciate the opportunity for the industry to have input, and I'm available for any comments. I'm sorry that I didn't get a chance to sign in. I thank you for the time. Janice Anderson: Thank you Mr. Romine. Are there any questions for Mr. Romine? Thank you. Bill Macali: Madame Chairman, can I just have a couple of minutes. Janice Anderson: Yes please. Bill Macali: If you don't mind. I forgot to mention that we would certainly be happy to delete the "major" from the electric transmission line. The comments that were suggested, I guess, before I forget, I just wanted to remind folks that the preservation area prohibitions are just on sites used or set aside for purposes of preserving open space in its undeveloped or natural state. Now in the case of a golf course, a golf course is neither in its natural state or undeveloped, and in that case, a golf course zoned P-l, you could get a Conditional Use Permit for a tower on the golf course. It just takes a Use Permit. Again, we tried to restrict this to open space which is pristine forest or Stumpy Lake, things like that, which are undeveloped or in its natural state, neither of which a golf course or farm or something. They are not in their natural state. So, we do feel strongly about that, but to the extent there is perhaps a small misconception about what we mean. Golf courses or anything that's developed at all or not in its natural state is a place where you can get a Conditional Use Item #26 City of Virginia Beach Page 8 Permit for a cell tower. Building mounted antennas in a least visible location or in a manner that is screened from view, that is absolutely fine. I don't think it would be a great big problem with allowing building mounted antennas with a Conditional Use if you can't meet the requirements for a permitted use. I think I would like to be in a position maybe to qualify that a little bit just so it is clear that for some reason you can't put it in the least visible location or in a screen or something like that as opposed to a mere matter of preference. In all fairness, I think that the companies would rather put in a screened location than for a Conditional Us'~ Permit, but I just would like the change to be right on that and get it squared way. That in general, I don't think is a concept that the staff has a great deal of difficult with. Having said those things, we would certainly be agreeable to those changes. Janice Andersol: Thank you Mr. Macali. Bill Macali: If the Commission did want to go ahead and make the motion, I guess it would be just to approve the ordinance with the changes that I talked about, as well as Mr. Knight's change regardir.g getting notice to people to putting an communication tower on an electric transmission line if it is within, I guess I would prefer a little guidance from the Commission, maybe a certain distance from a residence or 500 feet. I don't know. Janice Anderson: If you could just put adjoining property owners, I guess that would cover it. Bill Macali: Aclioining property owners? Okay. Janice Anderson: To the site, just like we do anything else. Bill Macali: That is fine. That would still be a permitted use as long. Janice Anderson: As long as you provide notification. Bill Macali: Okay. Janice Anderson: Mr. Macali, one of the things that I had a question on is on the permitted section, I believl~ they said you can only mount one antenna. If they wanted to place two antennas, then you would consider that under a Conditional Use, if we change that because it wouldn't comply. If they wanted to locate two of them, you wanted to place that on a Conditional Use rather than a permitted use? Bill Macali: Wdl, let me see. To be a non use permit, in other words by-right, there can be only one. Let me just take a quick look at the Code. I think that it does. We would have to change it to allow more than one on a building under 75 feet in height, as I read the Code now. Janice Anderson: Yes Ms. Murphy? I I Item #26 City of Virginia Beach Page 9 Lisa Murphy: If I may. The other issue with that is that there is really no one who would install one antenna. Typically you need at least three, so even if you had one carrier come in and you wanted to make it a Conditional Use Permit after that, still one is really too few antennas, so you may want to change it so that it is plural or somehow adjust it. Bill Macali: I got a better idea. If it is screened, the only issue is visual. Obviously, you can't have them interfere with a City communication facility, as being visual, even if they are screened from view. Lisa Murphy: We don't need to limit the number. Bill Macali: Right. Now, if they are still visible, I think that is a little bit more difficult though right? Lisa Murphy: Well, I'm thinking of the requirement to include painting. If you think about One Columbus, which is now sort of shadowed by the other buildings that are around it, those antennas are painted the same color on the corners of the buildings, which is typically how they do it. Buildings that are tall enough, they don't go on top unless they have too. They will go in the corners and then you can paint the antennas the same color as the side of the building, but if you have to go above, then that screening. I wouldn't think you would need the limitations as long as it is screened from view in one way or the other. Bill Macali: We can agree to that. Is that something that the Planning Department think should be appropriate? Okay. Janice Anderson: Go ahead Mr. Gambrell. Bill Gambrell: I was just going to say that Mr. Romine and I agree that if it is one user that we're looking at, then if we think there may be two users, but the point that I was making above a major power transmission lines, and I haven't found that section in here, is there are major power transmission lines that are structurally capable of accommodating more than one array, and that is where you might want to provide the opportunity for a second array with the Use Permit or even without a use Permit. But just having one array up there isn't always going to be appropriate. Bill Macali: The only limitation as to one under the ordinance now is on building mounted. There is nothing on electrical transmission power lines as to the number. Bill Gambrell: The limitation. That was my mistake from this morning in listening to Mr. Macali's presentation this morning. So if there is no limitation, then it is not a problem. Janice Anderson: Okay. Bill Gambrell: I think right now with your building mounted antennas, I don't think you require a Use Permit. Item #26 City of Virginia Beach Page 10 Bill Macali: Right. Bill Gambrell: So you are not really changing. Like he said earlier, you are not really changing an awful lot. You're kind of putting the code like you would do normally. Janice Anderson: Okay. But anyway, this actually helps because we are going to require screening of tht:m. The other thing is with the adding the notification. The other condition is with removal of antennas and the tower? Bill Macali: If they're not used for a period of one year, they would be required to be completely rem:>ved. Janice Anderson: And the accessory equipment also. Bill Macali: Y t:S. All this occurs within 90 days. Janice Anderson Okay. 90 days. I think you are clear on the preservation area, whether it is a school site, which a portion of that school site is wooded and says it's zoned P-1, than the tower can go there because it is not. But like you said, if is just for natural use, that is the only exemption. Is it under the .will for the Commissioners to change that or have that under conditional? I'm fine with just exempting it. I think it is just a small percentage. Bill Macali: It i~: just a small percentage of the area in preservation district. There is just not much that undeveloped open space. It is just to keep it all pristine visually, as well as functionally so. Janice Anderson: So that you don't invade that area with some kind of structure. Bill Macali: A golf course is the site, and the example you just gave is fine. That is subject to the Use Permit application. Janice Andersor.: Do any of the other Commissioners have a question on that? Yes. Barry Knight: 1\1r. Macali, if I could ask you for your definition? Say in the rural service area somebody wanted to come in and have five houses on a hundred acres, and then they had 70 acres of land leftover that we put preservation on it, because it was forest, could they come back? Is that classified as being developed, or is that something that would not substantiate a self. Bill Macali: In that case, if it were a forest, it was undeveloped as opposed to being farm, for instance, is developed. There is nothing undeveloped about farm land. If it is a natural area that is sought to be preserved, that would be covered. You couldn't have one. If you had a 100 acre farm and you build 5 houses on 30 acres and set the other 70 for agricultural purposes, certainly you can get a Use Permit for the tower on the agricultural land, because it is farm land, and by definition, it is not undeveloped and it is not in its natural state. But, if it I I Item #26 City of Virginia Beach Page 11 is a forest, I guess there is the argument that Silva culture is fine too, but I think if it is a forest as opposed to being developed, the land is scraped away by what ever means or used for agriculture, that is the difference there. So, I think in your example, the forest is out. The farm land is in. Barry Knight: I know some examples like down off of Salem Road. We gave a gentleman a floodplain variance and he put the rest of the surrounding land in preservation, which was trees way back off the road in the middle of anywhere. It was preservation designation, but nobody was ever going to see this land. If there was a need for a cell tower, I just hate to absolutely say no to somebody in preservation, and all we are affording them is the opportunity to come to staff, to Planning Commission, and ultimately to City Council, and then, if somebody doesn't like it, they can vote and say no. I just hate taking away rights from people to even apply and to even ask the question. So that is what I have a hard time with. I just hate that absolute no. I would like for the people, even if it is in preservation. Of course, if it is a high profile location in preservation, the Planning Commission and City Council is going to say no. The applicant, I don't think, is going to bring it to us. But if it is way off the beaten path somewhere, where nobody is going to see it, then I hate to absolutely deny that person that opportunity to ask permission to apply for a Conditional Use Permit. That is what I kind of have a problem with. Because if you all recall on Salem Road, and we went back into the woods back there, we asked Mr. Bourdon. We said why don't you ask him to put it in preservation. He said I don't see a problem with putting it in preservation, but no one is ever going to go back there. If there was a cell tower there you would never see it from Salem Road. Bill Macali: I think our thinking on that was that in situations like that a person sets aside the open space in exchange for some other kind of Council approval that it gets. And, it kind is like a deal. You give us this approval, and we will set aside this as open space. And, we didn't really feel too bad about saying, well you made your deal. Live with it. Ifit is natural open space that you set aside and told Council that I will set this aside in order for you to give me this floodplain variance or zoning approval or something, we really didn't have a problem with saying the person being held to that. That is our thinking. Not to saying that the Planning Commission has to adopt that, but that is how we approach situations like that. Barry Knight: It isn't always a quid pro quo. I give you this. I give you that. Some people voluntarily say, I'll just put it in preservation or conservation just because they would like to do that. So, I hate for someone to have put something under preservation 20 years ago or yesterday or tomorrow to be excluded from the Conditional Use Permit process. Janice Anderson: Are there any other thoughts on the preservation area? Mr. Macali, do you have any other comments on that? Bill Macali: No. Janice Anderson: Okay. Are there any other? Item #26 City of Virginia Beach Page 12 Henry Livas: Can a person still apply for a Conditional Use Permit and request the exception at the same time? Janice Anderson: Not as it is set now. It is exempted. Bill Macali: VI~ry few areas of the City where you can't absolutely have a cell tower. It is way less than one percent, if even close to that, in the City. It seems like a reasonable provision to have that sort of thing. Janice Andersotl: Okay. Is it the desire with regard to that condition if we go forward with approval with these comments on it that Preservation District be considered not allowed or Conditional Use? A conditional? Are we in agreement with that? Okay. I'm just going to review the amendment with the suggestions and if it is the will of the Commission to approve it, someone could make a motion. With the ordinance that is outlined, there will be some changes to it between here and Council with regard to the deletion of "major" when referring to transmission lines. There will not be a limit on the number of antennas on a building structure if they are screened from view and placed in a least visible manner. There is no restriction on the number of antennas on existing towers. If they are in a residential area or apartment area, the surrounding property owners will be notified that there will be a cell antenna placed on that building or tower, and that if within 90 days, if the antenna equipment or tower is no longer used or abandoned, that it will be removed. The preservation area, if there is a reque~:t for a cell tower to be placed in a preservation that will now be considered a Conditional USt:. I think I've gotten all the comments. Are there any additional comments? Bill Macali: If the building mounted antenna cannot be put in a place that is screened from view or the least visible location that it could still apply for a Conditional Use Permit. Janice Anderson: Okay. Barry Knight: I'll make the motion. Janice Anderson: Okay. Barry Knight: I like to make that a motion to approve. Janice Anderson: A motion to approve by Barry Knight and a second by Kathy Katsias. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KATSIAS AYE ABSENT 1 ABSENT I I Item #26 City of Virginia Beach Page 13 KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved the ordinance for the City of Virginia Beach as recommended. Janice Anderson: Thank you. Is there any further business this afternoon? Seeing none, the meeting is adjourned. 1 2 AN ORDINANCE AMENDING CITY ZONING ORDINANCE 3 REGULATIONS PERTAINING TO COMMUNICATION 4 TOWERS AND BUILDING-MOUNTED ANTENNAS, 5 INCLUDING DEFINITIONS, PREAPPLlCATION AND 6 APPLICATION REQUIREMENTS, LOCATIONAL, 7 LANDSCAPING AND OTHER REQUIREMENTS, AND 8 ZONING DISTRICTS WHERE PERMITTED 9 SECTIONS AMENDED: CITY ZONING ORDINANCE 10 99111,232,301,401,501,601,701,801,901,1001, 11 1501, 1511 AND 1521 12 13 14 WHEREJl.S, the public necessity, convenience, general welfare and good zoning 15 practice so require; 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 That Sections 111,232,301,401,501,601,701,801,901, 1001, 1501, 1511 20 and 1521 of the City Zoning Ordinance, pertaining to communication towers and 21 building mounted antennas, be, and hereby are, amended and reordained to read as 22 follows: 23 Sec. 111. Definitions 24 25 Antenna, building mounted. An antenna Anv structure or device affixed to a 26 building or other: structure, except a water tank, for the purpose of supporting broadcast 27 equipment of any frequency or electromagnetic wave, or any similar system of wires, 28 poles, rods, reflf3cting discs or similar d<ivices used for the transmission or reception of 29 electromagnetic waves. The term does not include communication towers, antennas 30 mounted on communication towers, home satellite dishes, or television or radio 31 antennas used primarily for the benefit of the occupants of, or visitors to, property on 32 which such ante nnas are located. 33 34 35 Communication tower. A towor of any size which supports communication 36 (broadoast or receiving) equipment utilized by commercial, government, or other public 37 and quasi public users. Anv pole, spire or other structure. including supporting lines. 38 cables. wires. bl"aces. masts or other appurtenances. intended or used primarilv for the 39 purpose of affixing antennas or other wireless telecommunications equipment or for I I 40 41 42 43 44 45 46 47 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 74 75 76 77 78 79 80 81 82 83 housinq such equipment. +Ris The term does not include private home use of satellite dishes and television antennas or Qy amateur radio operators as licensed by the Federal Communications Commission. Wireless telecommunication eauipment includes antennas and their appurtenances used for purposes of providinq wireless telecommunication services. COMMENT The amendments redefine the terms "building-mounted antenna" and "communication tower. " The new definition of "building-mounted antenna" contains technical changes only, and the new definition of "communication tower" clarifies the term and preserves the existing exemptions for private home use of satellite dishes and television antennas or licensed amateur radio operators. In addition, a new definition, "wireless telecommunications equipment," is added as a term encompassing antennas and their associated equipment. Sec. 232. Communication towers. (a) Application. Each application for a conditional uso pormit for a communication to'Nor shall include tho follov:ing information in addition to tho general information roquirod by this ordinance. (1) Sito plan or plan drawn to scale spocifying the location of tower(s), guy anchors (if any), transmission building and other accessory uses, parking, accoss, landscaped aroas (specifying size, spacing and plant materials proposed), fences, and adjacent land uses. The administrator of landscape services shall roview and approve the landscaped aroas shown on the site plan. (2) Report from a registored structural or ci'AI enginoer indicating tower height and design, structure, installation, and total anticipated capacity of structure (including number and types of antennas '.vhich could be accommodated). This data shall satisfactorily demonstrate that the proposed to'Ner conforms to all structural roquiroments of the Uniform Statewide Building Code. (3) Statement from a rogistered engineer that the NIER (nonionizing electromagnetic radiation) emitted therefrom does not result in a ground level exposuro at any point outside such facility .....hich exceeds the 10'llest applicable exposuro standards establishod by any regulatory agency of the U. S. Government or the American National Standards Institute. 2 ~ 5 ,6 ~7 88 89 90 9~ 92 93 94 95 96 97 98 99 ~OO ~O~ ~02 ~03 ~04 ~05 ~06 ~07 ~08 ~09 ~~O ~~~ ~~2 ~~3 ,\'\4 ~~5 ~~6 ~~7 ~ '\8 ,\'\9 ~20 ~2~ ~22 ~23 ~24 ~25 ~26 ~27 ~28 ~29 3 ) , 12 ~3 34 35 \36 137 138 139 ,\40 ,\4'\ '\42 '\43 ,\44 ,\45 '\46 '\47 '\48 '\49 '\50 '\5'\ 152 153 154 155 156 '\57 '\58 '\59 '\60 '\6'\ 162 163 164 165 166 167 168 '\69 170 17'\ 172 173 '\74 175 ~ 4 76 177 '78 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 ::"'~ ;;I~ --:~"atieR eeuts {wittl the ~"t- ;;:~=~~~~ ~~ ~~~;~~;~_u ..' . -. ' ~ ~~~~~. . "~., - , at :~ .;, :e= ffi:;:~n~ ~ ym~ (m = 5 I I 222 223 (iv) Each lot for which those reducod requiromonts apply shall be 224 restrictod to tho uses describod in this soction, and this restriotion 225 shall bo notod on any plat or othor documont doscribing such lot. 226 227 (c) Locational criteria. In considoring appro'lal of any proposed 228 communication towor sito, tho city council shall gi'/o considoration to tho follm....ing 229 criteria: 230 231 (1) 'Nhothor tho application represents a requost for multiple uso of a to'Ner or 232 site, or use on a site contiguous to an oxisting sito. 233 234 (2) \^/hother tho 3pplication contains a report that other potential users of the 235 site and towor havo boon contacted, and thoy havo no current plans, to 236 tho bost of thoir ability to dotormine, that could be fulfilled by joint use. 237 238 (3) \^/hothor the application shows ho'A' the towor or sito will bo dosignod or 239 laid out to 3ccommod3te future multiplo usors. 240 241 (-1) 'Nhethor tho proposed to'Ner is to bo loc3tod in an area 'Nhere it 'lJould be 242 unobtrusive and would not substantially detract from 30sthotics or 243 neighborhood . charactor, due oithor to location, to tho nature of 244 surrounding usos (such as industrial uses), or to 13ck of visibility causod 245 by natural growth or othor factors. 246 247 (5) '.^Jhethor, if no pri'l3toly O'.vnod land in tho 3rea moots the abovo critoria, 248 the application is for land o'/med by tho city and leasod for fair valuo, and 249 which does moet the above critoria. 250 251 (a) Purpose. The purpose of this section is to (1) facilitate the provision of 252 wireless communications services to the citizens and businesses of the City: (2) 253 minimize the risk of phvsical damaae and other potential adverse impacts of 254 communications towers: (3) require, where commerciallv reasonable, the ioint use of 255 communications towers bv providers of wireless telecommunications services so as to 256 avoid unnecessary proliferation of communication towers and related facilities: and (4) 257 allow the use of public property under circumstances in which such use (i) minimizes 258 the potential adverse visual and other impacts of communication towers and their 259 appurtenances: (iD does not adverselv affect the operation of public facilities such as 260 public safety communications facilities and water tanks for their primary purpose; and 261 (iii) conforms to applicable requirements pertainina to the use of public property for 262 purposes of communication tower sitina. 263 6 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 (b) Preaoo/ication conference. Prior to submittino an application for a conditional USl3 permit for a communication tower. the applicant shall meet with the Director of Plal1nino or his desionee in order to discuss: tI ) The feasibility of co-Iocatino the proposed antenna facilities on an existino communication tower or other suitable structure. includino a publicly-owned facility. where such use will not adversely affect the primary use of such facility: (?) The availability of suitable alternative sites. includino publicly- owned sites. for the proposed communication tower; G~) Specific issues presented by the proposed application. includino. but not limited to. potential interference with oovernmental public safety communications facilities. potential visual and other impacts on nearby properties and means. if any. of eliminatino or mitioatino such potential impacts: ~) The feasibility of camouflaoino wireless telecommunications equipment; and ~) Such other matters as may be relevant to the application. No application for a conditional use permit for a communication tower shall be accepted by thn Plannino Director unless a preapplication conference has been held. (c) A{)o/ication requirements. In addition to the information required bv Section 221. a[lplications for a conditional use permit shall include the followino items: {1J A site plan or plan drawn to scale. showino the location and desion of the proposed tower. includino any accessory buildinos or other appurtenances. vehicular parkino areas. access points. landscaped areas. adiacent land uses. and any other information required by the Plannino Director; (2.) A landscapino plan showino the type. size. number and location of plant materials. includino existino trees or other plant materials to be used: 7 I I 303 304 305 306 307 308 309 310 311 312 :~13 314 315 :~16 317 :318 :~19 320 321 322 323 324 325 326 327 :328 329 . 330 331 332 333 334 335 336 337 338 339 340 341 (3) A report from a professional enqineer licensed in Virqinia, under seal. detailinq the heiqht, desiqn and total anticipated capacity of the proposed tower, includinq the number and type of antennas that can be accommodated, and any other information deemed necessary by the Buildinq Code Administrator to determine whether such tower conforms to the requirements of the Virqinia Uniform Statewide Buildinq Code. Such report shall also include a certification from the enqineer that the tower is capable of supportinq the total anticipated capacity of the tower, includinq all appurtenances; (4) A certification from a professional enqineer licensed in Virqinia, under seal. that all antennas or antenna arrays intended to be affixed to the proposed tower comply with all applicable requlations promulqated by the Federal Communications Commission pertaininq to the emission of radio frequency radiation; (5) Where the proposed communication tower is to be located within one-Quarter mile of any residential or apartment zoninq district or use, an application shall be supplemented by the followinq materials no later than thirty (30) days prior to the date of the public hearinq before the Planninq Commission: (A) Balloon tests, computer-qenerated photoqraphic simulations showinq such tower in the proposed location, visibility maps, and any other information deemed necessary by the Planninq Director to assess the visual impact of the tower and its appurtenances; and (B) A summary of the applicant's planned contacts with the residents of the area reqardinQ the proposed tower. The applicant shall, as soon as practicable after such contacts have occurred, notify the Planninq Director of the substance of such contacts, includinq the neiqhborhoods or other areas in which residents were contacted by the applicant; (6) Verifiable information satisfactory to the Planninq Director of the lack of available space or structural capacity for the applicant's wireless telecommunications equipment on (i) existinq towers, 8 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 Q) buildinos or other structures. (in sites on which existino towers are located, or (iin sites on which the proposed tower would be less visible from or located a oreater distance from residential or apartment districts than the proposed location. Information submitted to demonstrate such findinos shall include. but not be limited to: (A) The absence of existino towers or other structures meetino the heioht. structural strenoth or other technical needs of the applicant within the appropriate oeooraphic area: (8) Enoineerino analyses demonstratino that the applicant's proposed equipment would cause interference with the equipment on an existino tower of other structure. or the equipment on an existino tower or other structure would cause interference with the applicant's proposed equipment; or (C) Evidence that the rents, fees or other contractual provisions required to co-locate the applicant's antenna equipment on an existino communications tower. or to construct a communications tower on property to be purchased or leased. would be commercially unreasonable in Iioht of the location of the proposed facilities: Where the proposed communication tower or antenna is to be located within one (1) mile of an existino or planned public safety communications facility. an intermodulation study submitted bv a professional enoineer licensed in Viroinia. under seal. Such study shall: (A) Include the frequencies used by the City or other public entity for public safety purposes at any site within one (1) mile of the proposed facility: (8) Analyze 2nd. 3rd. 5th and 7th order intermodulation calculations usino the maximum number of sionals for each order: and 9 I I 381 382 383 384 385 386 387 :~88 389 390 391 392 393 394 395 :~96 397 398 :~99 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 (C) Include the frequencies used for each intermodulation order calculation. the name of the channel used and the bandwidth of each channel; (8) A oeooraphical map. with sufficient markinos and detail. iIIustratino that the proposed communications equipment will not be located within a 200 - foot buffer of the microwave path between any existino public safety communications sites; and (9) Where the proposed wireless communication equipment is to be located on a water tank or within the secure area of any water tank site. a security plan showino the times at which access to the proposed equipment will be allowed. the identities of the persons with authorized access to such facilities and such other information as the Director of Public Utilities may require; provided. however. if such security plan is incorporated in a lease between the City and the applicant, this requirement shall be waived. (d) Locational and desian reauirements. In determinino whether to orant or deny a conditional use permit application for a new or expanded comm.unication tower or other wireless telecommunication equipment, the City Council shall Qive primary consideration to the followino factors: (1 ) Whether the antennas or other equipment intended to be affixed to such tower cannot be accommodated on an existino or approved tower within such radius as is reasonably necessary to provide adequate coveraoe and capacity for any of the followino reasons: (A) The planned equipment would exceed the heioht or structural capacity of the existino or approved tower. and the existino or approved tower cannot reasonably be modified so as to accommodate the planned equipment, as documented by a licensed professional enoineer; (B) The planned equipment would cause electromaQnetic interference affectino the usaoe of other existino or approved equipment, and such interference cannot reasonably be prevented: or 10 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 (C) ExistinQ or approved communication towers or other structures within such radius cannot accommodate the planned equipment at a heiQht necessary for its proper functioninQ; ~~) Whether the proposed communication tower is desiQned structurally and in all other respects to accommodate both the planned equipment and comparable equipment of at least two (2) additional users if the proposed tower is Qreater than one hundred (100) feet in heiQht or at least one (1) additional user if the proposed tower is less than one hundred (100) feet in heiQht; and Q) Whether the proposed application conforms. if applicable. to the requirements of subsection (h). pertaininQ to public safety communications facilities and water tanks: and ~) Whether the applicant has aQreed. in writinQ. to allow the co- location of the equipment of other wireless telecommunications providers. to the extent of the capacity of the proposed communication tower. upon commercially reasonable terms applicable to the location of the proposed tower. (e) Construction reauirements. All communication towers constructed or expanded after the adoption of this section shall comply with or exceed all applicable requirements of the VirQinia Uniform Statewide BuildinQ Code. includinQ all model codes incorporated thl3rein. In addition. all such towers shall be non-illuminated and painted such color or Golors as to minimize visibility. unless otherwise required by Federal Aviation Administration. Federal Communications Commission or other applicable laws or reQulations. (f) U,ndscapina and screenina reauirements. LandscapinQ and screeninQ shall conform to the followinQ standards: OJ ExistinQ trees on the lot or within the leased area or other area within the control of the applicant shall be preserved to the maximum extent practicable; 11 I I 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 (2) To the extent permitted by applicable setback requirements. towers shall be located on a site so as to maximize the effectiveness of trees as screeninQ; (3) For towers one hundred (100) feet or less in heiQht. at least one (1) row of everQreen shrubs forminQ a continuous hedQe at least five (5) feet in heiQht. with individual plantinQs spaced not more than five (5) feet apart. shall be provided. In addition. at least one (1) row of everQreen trees with a minimum caliper of one and three- fourths (1 %) inches at the time of plantinQ and spaced not more than twenty-five (25) feet apart shall be provided within fifteen (15) feet of the perimeter of the required setback line; (4) For towers more than one hundred (100) feet in heiQht. in addition to the requirements of subdivision (3) above. one (1) row of deciduous trees. with a minimum caliper of two and one-half (2 Y2) inches at time of plantinQ and spaced not more than forty (40) feet apart shall be provided within twenty-five (25) feet of the perimeter of the required setback: (5) All required landscapinQ shall: (j) be installed in accordance with established procedures usinQ plant materials of Qood Quality. (ij) be installed by the first plantinQ season followinQ the QrantinQ of a conditional use permit. unless appropriate surety in form acceptable to the City Attorney is first provided. and Wj) at all times be maintained in healthy and QrowinQ condition. ExistinQ landscapinQ meetinQ the requirements of this section may be used to satisfy the foreQoinQ standards. which may be modified by the City Council as it deems appropriate. (q) Setback requirements. The followinQ setback requirements shall apply to communication towers other than those affixed to electrical transmission line structures: 1. Minimum side and rear yard setbacks. as measured from the base of the communication tower. excludinQ its appurtenances. shall be fifty (50) feet in residential. apartment. mixed-use and aQricultural districts and twenty-five (25) feet in all other districts. provided. however. that no tower shall be located closer to an existinQ 12 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 residential or apartment structure than a distance equal to one hundred ten per cent (110%) of the heiQht of the tower and provided further. that the minimum setback from any street, as measured from the base of the tower. shall be fifty (50)' feet. NotwithstandinQ the foreQoinQ provisions. the City Council may require a Qreater or lesser setback when it deems such other setback to be necessary or advisable to protect existinQ or future structures from damaQe or to enhance the screeninQ effect of on- or off- site trees or other veQetation. 2. Minimum setbacks of equipment buildinQs shall be as specified in the zoninQ district reQulations. (h) Public safety communications facilities: water tanks. In liQht of the special security and public safety concerns applicable to sites occupied by City facilities such as public safety communications facilities and water tanks. the followinQ additional requirements shall apply: (1) Public safety communications facilities. No private wireless telecommunications facilities shall be allowed: (i). on sites with public safety communications facilities or within the secure compounds of such sites: (ij) in any location at which the Director or Communication and Information TechnoloQY determines. based upon an intermodulation study required by subdivision (7) of subsection (c). that the operation of the proposed wireless telecommunications facilities would present a substantial possibility of causinQ interference with one or more public safety communications facilities and cannot be satisfactorily mitiQated: or (iij) in any location within a 200 - foot buffer of the microwave path of any existina or future public safety communications microwave facility. (2,) Water tanks. No private wireless telecommunications facilities shall be allowed on any City water tank or within the secure area of any water tank site unless there is a demonstrable public need for wireless telecommunications services in the area to be served by such facilities and there is no reasonable alternative site available. In such cases. the applicant shall be required. as a condition of the 13 I I 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 conditional use permit. to comply at all times with a security plan approved by the City Council (i) Other requirements. The followinQ additional reQulations shall apply to all communication towers: (1) No siQnaQe shall be permitted on any communication tower; (2) All communication towers and their appurtenances shall comply with applicable reQulations of the Federal Communications Commission and Federal Aviation Administration. Where reQulations and requirements of this section conflict with those of the Federal Communications Commission or the Federal Aviation Administration. the federal requirement shall Qovern; (3) All communication towers shall be subiect to periodic reinspection by the BuildinQ Code Administrator. If any additions. chanQes or modifications are to be made to the structural characteristics of the tower. the BuildinQ Code Administrator shall have the authority to require proof. throuQh the submission of enQineerinQ and structural data. that the addition. chanQe or modification conforms to structural wind load and all other requirements of the Uniform Statewide BuildinQ Code; and (4) Any communication tower or wireless telecommunications equipment that are not in. use for a period of one (1) year shall be removed within ninety (90) days after notification by the PlanninQ Director. If not so removed. the City may contract for their removal and charQe the cost thereof to the owner of the communication tower or wireless telecommunications equipment. (j) Communication towers affixed to electric transmission line structures and buildinQ-mounted antennas shall be allowed as principal uses where so permitted in the district reQulations. provided that the followinQ requirements are met: 1. Communication towers and buildinQ-mounted antennas shall be made of materials or painted in such manner as to match. to the maximum extent practicable. the color of the structure upon which they are affixed or mounted; 14 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 2. Communication towers shall not proiect above the top of the structure to which they are affixed by more than twenty per cent (20%) of the heiaht of the structure; 3. Buildina-mounted antennas shall be placed in the least visible location on the buildina that is practicable or otherwise screened from view from around level; and 4. The owner of the communication tower or his aaent submits to the Plannina Director a list containina the name and last known address of the owner of all abuttina lots. as shown on the current real estate tax assessment books or current real estate tax assessment records. The Plannina Director shall thereafter notify such property owners of the filina of the site plan or buildina permit application seekina approval of the communication tower. No such site plan or buildina permit shall be approved for a period of seven (7) days from the mailina of the notices. COMMENT The amellldments to this section revise and expand many of the existing provIsions regarding communication towers and add new requirements not present in the current ordinance. Some of the provisions have been incorporated into the revised ordinance (e.g., setbacks, landscaping). The changes are more particularly described below, by subsection: Subsectioll (a) (Lines 251-262] adds a statement of purpose, as the current ordinance does not contain one. The unifying theme of the stated purposes is the desire to balance the need for wireless telecommunications services with the goal of minimizing the number of communication towers by requirilllg co-location where feasible and ensuring that new communication towers will be located on sites wll1ere their visual impacts have been carefully evaluated. Subsection (b) (Lines 264-288] requires that a preapplication conference between the applicant and Ph Inning Director be held for the purpose of determining the availability of other potential sites for the proposed communication tower and discussing other issues relevant to the application. This provision formalizes the preapplication conference as a required procedural step in the application/review process, as no application may be flied until a preapplication conference has been held. Subsection (c) (Lines 290-397] sets forth application requirements intended to provide all information necessary to effectively evaluate an application. Special provisions relating to protection of public safety communications facilities are added, as well as provisions intended to 15 I I 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 (>47 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 allow the staff to evaluate whether the construction of a new a proposed communication tower may be avoided by means of collocation of antennas on an existing site. In particular: . Subdivisions (1) - (4) [Lines 293-318] are largely taken from the current ordinance; engineering data, however, is required to be submitted under seal of a professional cngineer licensed to practice in Virginia. . Subdivision (5) [Lines 320-337] is new. It provides that if a proposed communication tower is to be located within one-quarter mile of any residential or apartment zoning district or use, the applicant must submit balloon tests, computer-generated photographic simulations showing the tower in its proposed location, visibility maps, and other information necessary to assess the visual impact of the tower and its appurtenances. The applicant must also provide a summary of the applicant's contacts with the residents of the area regarding the proposed tower and report the actual substance of those contacts to the Planning Director. . Subdivision (6) [Lines 339-365], which is also new, essentially requires the applicant to demonstrate a lack of availability of co-location opportunities or sites at which the visual impact of a new communication tower would be less that at the proposed site. Specific information required includes the absence of existing towers, monopoles or structures meeting technical needs of the applicant within the appropriate geographic area; engineering analyses demonstrating that the applicant's proposed equipment would cause interference with the equipment on an existing tower of other structure or vice-versa, or evidence that the contractual provisions required to co-locate the applicant's antenna equipment on an existing communications tower, or to construct a communications tower on property to be purchased or leased, would be commercially unreasonable in light of the location of the proposed facilities. . Subdivision (7) [Lines 367-383] is also new. It contains a requirement, for proposed wireless telecommunications equipment to be located within one mile of an existing public safety communications facility, that a detailed intermodulation study be submitted under seal by a professional engineer licensed to practice in Virginia to determine whether the proposed equipment will interfere with the public safety facilities. . Subdivision (8) [Lines 385-388] requires a map illustrating that the proposed communications equipment will not be located within a 200 - foot buffer of the microwave path between any existing public safety communications sites. This provision is also new. . Subdivision (9) [Lines 390-397] is new, and applies to applications for proposed wireless telecommunication equipment to be located on a water tank or within the secure area of a water tank site. It requires a security plan showing the times at which access to the proposed equipment will be allow cd, thc identities of the persons with authorized access to such facilities and such other information as the Director of Public Utilities may require. 16 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 If a security plan is part of the lease between the City and the applicant, however, the requirement does not apply. Subsection (d) [Lines 399-440] contains locational and design requirements for communication towers. It sets forth the primary factors the City Council is to consider in determining whether to grant or deny a conditional use permit for wireless telecommunication equipment. Thm e factors include: · Whether the antennas or other equipment intended to be affixed to a tower cannot be accommodated on an existing or approved tower within such radius as is reasonably necessary to provide adequate coverage and capacity; · Whether the proposed tower is designed structurally and in all other respects to accommodate both the planned equipment and comparable equipment of at least two (2) additional users if the proposed tower is greater than one hundred (100) feet in height or at least one additional user if the proposed tower is less than one hundred (100) feet in height; and · Whether the proposed application conforms to the requirements of subsection (h), pertaining to public safety communications facilities and water tanks; and · Whether the applicant has agreed, in writing, to allow the co-location of the equipment of other wireless telecommunications providers, to the extent of the capacity of the proposed communication tower, upon commercially reasonable terms applicable to the location of the proposed tower. Subsection (e) [Lines 442-448] contains construction requirements, which are generally similar to existin~: provisions. Subsection (I) [Lines 450-486] sets forth landscaping and screening requirements, which are generally similar to existing provisions. Subsection (g) [Lines 488-507] contains setback requirements generally similar to existing provisions. Subsection (h) [Lines 509-535] adds new requirements concerning the protection of public safety communicHtion facilities and water tanks. These provisions are intended to ensure that the operation of such facilities is not compromised by private wireless communications. In particular: · No private wireless telecommunications equipment shall be allowed: (i) on sites with public safety communications facilities or within the secure compounds of such sites; (ii) in any location at which the Director or Communication and Information Technology determines, based upon an intermodulation study, that the operation of the proposed wireless telecommunications facilities would present a substantial possibility of causing interference with one or more public safety communications facilities and cannot be satisfactorily mitigated; or (iii) in any location within 17 I I 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 ~r43 ~r44 ~r45 "146 "147 "148 749 750 "151 752 753 754 755 756 757 a 200 - foot buffer of the microwave path of any existing or future public safety communications microwave facility. . No private wireless telecommunications equipment shall be allowed on any City water tank or within the secure area of any water tank site unless there is a demonstrable public need for wireless telecommunications services in the area to be served by such facilities and there is no reasonable alternative site available. In such cases, the applicant shall be required, as a condition of the conditional use permit, to comply at all times with the security plan approved by the City Council. Subsection (i) [Lines 537-563] prohibits signage, incorporates Federal Communications Commission and Federal Aviation Administration requirements and provides for periodic inspections of communication towers by the City. It also adds a requirement that communication towers or wireless telecommunications equipment that are not in use for a period of one year must be removed within ninety days after notification by the City. If not removed in a timely fashion, the City may contract for the removal and charge the cost to the owner of the communication tower or wireless telecommunications equipment. Subsection (j) [Lines 565-590], which is new, allows communication towers that are affixed to electric transmission line structures and that meet the requirements of the subsection as permitted (i.e., by-right) uses. The intent of this subsection is to encourage communication towers on electric transmission towers by providing an incentive (i.e., not requiring a conditional use permit) to locate them on such towers. Building-mounted antennas that are hidden from view are similarly encouraged. There is also a requirement that the abutting property owners be notified that site plan or building permit application seeking approval of such a tower before approval is given. Sec. 301. Use regulations [Preservation District]. (a) Principal and conditional uses. The following chart lists those uses permitted within the P-1 Preservation District. Those uses and structures shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." No uses or structures other than as specified shall be permitted. TABLE INSET: USE P-1 Communication towers C Television or other broadcasting stations and line of Eight relay devicos C 18 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 COMMENT The term "line-of-sight relay devices" is replaced by "communication towers," which are currently allowe,d as conditional uses. No other substantive changes are made to the section.. Sec. 401. USE! regulations [Agricultural Districts]. (a) Principal and conditional uses. The following chart lists those uses permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective agricultural districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. USE AG-1 AG-2 Buildina-mounted antennas meetina the requirement:) of Section 232(j) E E Buildina-mounted antennas. except as specified above C C Communication towers meetina the requirement:; of Section 232(j) E p Communication towers. except as specified above C C Television or other broadcasting stations, cellular telephone ~mtenna and line of sight relay devices C C COMMENT The amendments allow building-mounted antennas and communication towers meeting the requirements of Section 232(j) as permitted uses in the AG-l and AG-l Agricultural Districts. Communication towers and building-mounted antennas not meeting those requirements are allowed as conditional uses. 19 I: I 806 The term "line-of-sight relay devices" is replaced by "communication towers," in order to 807 conform the terminology used throughout the zoning ordinance. 808 809 810 Sec. 501. Use regulations [Residential Districts]. 811 812 (a) Principal and conditional uses. The following chart lists those uses 813 permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures 814 in the respective residential districts shall be permitted as either principal uses indicated 815 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 816 "X" shall be prohibited in the respective districts. No uses or structures other than as 817 specified shall be permitted. 818 Use R-40 R-30 R-20 R-15 R-10 R- 7.5 R- 5D R- R-5S R-2.5 5R Communication towers meetinQ the reauirements of Section 232(j) P P P P P P P P P P Communication towers, except as specified above C e C C C C e C C C Television or other broadcasting stations, cellular tolophone antenna aM lino of sight rolay dovices e C e e e e e e C C 819 820 COMMENT 821 822 The amendments allow and communication towers meeting the requirements of Section 823 232(j) as permitted uses in Residential Districts. Communication towers not meeting those 824 requirements are allowed as conditional uses. 825 826 The term "line-of-sight relay devices" is replaced by "communication towers," in order to 827 conform the terminology used throughout the zoning ordinance. 828 829 830 831 20 832 Sec. 601. USE! regulations [Apartment Districts]. 833 834 (a) Principal and conditional uses. The following chart lists those uses 835 permitted within the A-12 through A-36 Apartment Districts. Those uses and structures 836 in the respective apartment districts shall be permitted as either principal uses indicated 837 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 838 "X" shall be pmhibited in the respective districts. No uses or structures other than as 839 specified shall be permitted. 840 841 Use A-12 A-18 A-24 A-36 /\ntennas, b BuildinQ-mounted antennas meetinQ the requirements of Section 232m P P P P I\ntonnas, b Building-mounted antennas. except as specified abov1;! PC P ..Q P ..Q PC Communication towers meetinQ the requirement::; of Section 232(j) Communication towers. except as specified above P P P P C C C C Television or other broadcasting stations, cellul3r telephone ~mtenna and line of sight relay devioes C C C C 842 843 COMMENT 844 845 846 The amellldments allow building-mounted antennas and communication towers meeting the 847 requirements of Section 232(j) as permitted uses in Apartment Districts. Communication towers 848 and building-mounted antennas not meeting those requirements are allowed as conditional uses. 849 850 The term "line-of-sight relay devices" is replaced by "communication towers," in order to 851 conform the terminology used throughout the zoning ordinance. 852 853 854 Sec. 701. Use regulations [Hotel District]. 855 856 (a) Principal and conditional uses. The following chart lists those uses 857 permitted within the H-1 Hotel District. Those uses and structures in the district shall be 858 permitted as either principal uses indicated by a "P" or as conditional uses indicated by 859 a "C." Uses and structures indicated by an "X" shall be prohibited in the district. No uses 860 or structures o1her than as specified shall be permitted. 861 862 863 21 I I Use H-1 Communication towers. except as specified above .E PC .E C BuildinQ-mounted antennas meetinQ the requirements of Section 232m Antennas, b Building-mounted antennas. except as specified above Communication towers meetinQ the requirements of Section 232m Television or other broadcasting stations, collul3r tolophono :mtennas and lino of sight rol3y dovices C 864 865 COMMENT 866 867 The amendments allow building-mounted antennas and communication towers meeting the 868 requirements of Section 232(j) as permitted uses in the H-1 Hotel District. Communication towers 869 and building-mounted antennas not meeting those requirements are allowed as conditional uses. 870 871 The term "line-of-sight relay devices" is replaced by "communication towers," in order to 872 conform the terminology used throughout the zoning ordinance. 873 874 875 Sec. 801. Use regulations [Office Districts]. 876 877 (a) Principal and conditional uses. The following chart lists those uses permitted 878 within the 0-1 and 0-2 Office Districts. Those uses and structures in the respective GffiGe 879 Districts office djstricts shall be permitted as either principal uses indicated by a "P" or as 880 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited 881 in the respective districts. No uses or structures other than as specified shall be permitted. 882 USE 0-1 0-2 I BuildinQ-mounted antennas meetinQ the requirements of Section 232m .E .E antennas, b ~uilding-mounted antennas. except as specified above X PC Communication towers meetinQ the requirements of Section 232m .E .E Communication towers. except as specified above C C Television or other broadcasting stations, cellular telephono antennas :md linG of sight rolay devices C C 883 22 884 COMMENT 885 886 The amendments allow building-mounted antennas and communication towers meeting the 887 requirements of Section 232(j) as permitted uses in the 0-1 and 0-2 Office Districts. 888 Communication towers and building-mounted antennas not meeting those requirements are 889 allowed as conditional uses. 890 891 The term "cellular telephone antennas and line-of-sight relay devices" is replaced by 892 "communication towers," in order to conform the terminology used throughout the zoning 893 ordinance. 894 895 896 Sec. 901. Use r1i!gulations [Business Districts]. 897 898 (a) Principal and conditional uses. The following chart lists those uses permitted 899 within the B-1 through B-4K Business Districts. Those uses and structures in the respective 900 business districts. shall be permitted as either principal uses indicated by a "P" or as conditional 901 uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the 902 respective districts. No uses or structures other than as specified shall be permitted. 903 904 USE Buildino-mountecl antennas meetino the requirements of Section 232(j) antennas, b ~uild ing-mounted antennas. except as specifiBd above Communication towers meetino the requirements of Section 232(j) Communication towers, except as specified above Radio or television broadcasting stations and lino of sight relay devicoE; B-1 B- B-2 B-3 B- B-4 B- B- 1A 3A 4C 4K .E .E .E .E .E .E .E .E X X-C PC PC PC PC PC X .E .E .E .E P .E P P X C C C C C C X X C C C C C C X 905 906 907 908 909 COMMENT 910 911 The amendments allow building-mounted antennas and communication towers meeting the 912 requirements of Section 232(j) as permitted uses in all Business Districts. Communication towers 913 and building-mounted antenna not meeting those requirements are allowed as conditional uses, 914 except in the B-1 Neighborhood Business and B-4K Historic Kempsville Area Mixed Use Districts. 915 23 I I 916 The term "cellular telephone antennas and line-of-sight relay devices" is replaced by 917 "communication towers," in order to conform the terminology used throughout the zoning 918 ordinance. 919 920 Sec. 1001. Use regulations [Industrial Districts]. 921 922 (a) Principal and conditional uses. The following chart lists those uses 923 permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the 924 respective industrial districts shall be permitted as either principal uses indicated by a 925 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 926 shall be prohibited in the respective districts. No uses or structures other than as 927 specified shall be permitted. 928 Use 1-1 1-2 Buildino-mounted antennas meetino the requirements of Section 232m E E :mtenn:::lG, b .!;!uilding-mounted antennas. except as specified above C C Communication towers meetino the requirements of Section 232m E C E C Communication towers. except as specified above Radio or television transmission, collular telephone antenna and relay stations C C 929 930 COMMENT 931 932 The amendments allow building-mounted antennas and communication towers meeting the 933 requirements of Section 2320) as permitted uses in the 1-1 and 1-2 Industrial Districts. Building- 934 mounted antennas and communication towers not meeting those requirements are allowed as 935 conditional uses. 936 937 The term "cellular telephone antenna" is replaced by "communication towers," in order to 938 conform the terminology used throughout the zoning ordinance. 939 940 941 Sec. 1501. Use regulations [RT-1 Resort Tourist District]. 942 943 (a) The following chart lists those uses permitted within the RT-1 Resort Tourist 944 District as either principal uses, as indicated by a "P," or as conditional uses, as indicated by a 945 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et 946 seq.). No uses or structures other than those specified shall be permitted. All uses, whether 947 principal or conditional, should to the greatest extent possible adhere to the provisions of the 948 Oceanfront Resort Area Design Guidelines. 24 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 Use RT-1 Building-mounted antennas meetinq the requirements of Section 232m p Building-mounted antennas, except as specified abovE~ c COMMENT The amendment allows building mounted antennas meeting the requirements of Section 232(j) as a principal use. Other building-mounted antennas are allowed as conditional uses. Sec. 1511. Us.:! regulations [RT -2 Resort Tourist District]. (a) The following chart lists those uses permitted within the RT-2 Resort Tourist District as either principal uses, as indicated by a "P," or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Buildings within the RT-2 District may include any principal or conditional uses in combination with any other principal or conditional uses. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, shoul~ to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. U~e RT-2 antonnaE:, b~uilcling-mounted antennas meetina the requirements of Section 232m P Buildinq-mountecl antennas, exceot as soecified above C Communication towers c Radio and television broadcasting stations, cellular antenna and lino of sight relay do'Jices c COMMENT The amendments allow building-mounted antennas meeting the requirements of Section 232(j) as permitted uses in the RT -2 Resort Tourist District and otherwise as conditional uses. 25 I I 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 Communication towers are allowed only as a conditional use, irrespective of whether they comply with the requirements of Section 232(j). The term "line-of-sight relay devices" is replaced by "communication towers," which are allowed as a conditional use. The amendment is not substantive, as the present provision allows communication towers under the name of "line-of-sight relay devices." Sec. 1521. Use regulations [RT-3 Resort Tourist District]. (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, buildings within the RT -3 District may include any principal or conditional uses in combination with any other principal or conditional use. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use RT-3 :lntennas, bj2uilding-mounted antennas meetina the reauirements of Section 232m E C Buildina-mounted antennas. exceot as soecified above Communication towers C Radio and television broadcasting stations, cellular antenna and line of sight relay devices p COMMENT The amendments allow building-mounted antennas meeting the requirements of Section 232(j) as permitted uses in the RT -3 Resort Tourist District and otherwise as conditional uses. Communication towers are allowed only as a conditional use, irrespective of whether they comply with the requirements of Section 232(j). The term "line-of-sight relay devices" is replaced by "communication towers," which are allowed as a conditional use. The amendment is not substantive, as the present provision allows communication towers under the name of "line-of-sight relay devices." 26 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 Adopted by the Council of the City of Virginia Beach, Virginia, on this of , 2008 CA-10599 June 24, 2008 R-12 Approved as to Content: Approved as to Legal Sufficiency: UJiJiWLfI), Md City Attorney's Office 27 day I I M. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE REVIEW and ALLOCATION COMMITTEE (COG) I I N. UNFINISHED BUSINESS I I O. NEW BUSINESS P. ADJOURNMENT CITY COUNCIL TWO-DAY GOAL SETTING WORKSHOP AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER I I r CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: July 1,2008 M B L D C E L E D H C R A W PAGE: I S I 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 I V 0 0 H L R Y S N F N A N D , I BRIEFINGS: A ASSESSMENT OF URBAN LANDFll..L Phil Davenport, DEVELOPMENT Public Works Steven Nesbitt, Project 'Manager - Malcolm Pirnie B ADOPTION FRIENDLY ANIMAL AM. Jacocks, CONTROL PROGRAM Chief - Police Department C COMMUNICATION TOWERS William Macali, Deputy - City Attorney III CERTIFICA TION OF CLOSED IlI/IVNNI SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y Y E F MINUTES June 24,2008 APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y G PROCLAMATION: Pungo Strawberry Festival's 2S'~ Anniversary HI! Lease of City-Owned Property at 3180 New NO SPEAKERS Bridge Road JIK-I Resolution and Ordinance re DEBT ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y MANAGEMENT CONSENT POLICIES/GUIDELINES: a. AMEND to include Energy Performance Contracts b. ESTABLISH CW# 3-1 19/ APPROPRIATE $5-Million for the City c. ESTABLISH CW # 1- I 09/ APPROPRIA TE $5-Million for the Schools d. City will review contracts re effectiveness at the end of 2 years 2 Resolution to AUTHORIZE (MOU) re ADOPTED BY 10-0 Y Y Y Y y Y Y y A Y Y Sandler Center for the Performing Arts CONSENT Foundation CITY OF VIRGINIA BEACH SUMMARY OFCOUNCU ACnONS V 0 I DATE: July 1,2008 M B L D C E L E D H C R A W PAGE: 2 S I E J L N U N 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 I V 0 0 H L R Y S N F N A N D 3 Ordinance to AUTHORIZE First ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y Amendment to 2003 Purchase CONSENT Agreement with LifeNet 4 Ordinance to AUTHORIZE Lease ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y with RW White Farm, LLC re CONSENT City-owned land at 3 I 80 New Bridge Road 5 Resolution to RECOGI'IZE/COMMEND ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y Wave ChurchlHampton Roads Community CONSENT Care re services to children/families throul!hout HamDton Rm,ds 6 Ordinance to TRANSFER $139,900 to ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y support tax eumption for CONSENT elderly/disabled 7 Ordinance to APPROPF:IA TE funds to ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y Sheriff's budget to effect state pay increases CONSENT for Uniformed SberiffFersonnel as follows: a. ACCEPT $174,647 f.om Commonwealth of V A C Jmp Board b. APPROPRIATE $I~;I.230 from Sheriff's Special RevenUi: to advance pay increases c. TRANSFER $34.196 re fringe benefits 8 Ordinance to APPROPR IA TE ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y $75,000 from Sheriff's Revenue to CONSENT operating budget re a Lallguage Fluency Stipend Pilot Program ADD ON Resolution honoring MaYJr Oberndorf for ADDED/ 10-0 Y Y Y Y Y Y Y Y A Y Y her 20 years as Mayor and 32 years as a ADOPTED BY Member of Citv Council CONSENT UI NEW CINGULAR WIRELESS PCS, APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y LLC (T/A AT&T) CUP'e communication CONDITIONED tower at 5060 Ferrell Par <way. BY CONSENT DISTRICT I - CENTERv'ILLE 2 AASHNI PROPETIES !-::UP re automated APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y car wash at 5636 Princess Anne Road. CONDITIONED DISTRICT 2 - KEMPSVILLE BY CONSENT 3 TERRY SPITZER CUP re APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y noncommercial marina and pier at 3850 CONDITIONED Little Neck Point Road BY CONSENT DISTRICT 5 - L YNNHA VEN II" CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: July 1,2008 M B L D C E L ~ E D H C R A W PAGE: 3 S I 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 I V 0 0 I H L R Y S N F N A N D 4 CHRIS WYNNE CUP re riding APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y academy/horse boarding at 1825 Pleasant CONDrrIONED i Ridge Road DISTRICT 7 - PRINCESS ANNE 5 SANDRA K. SAWYER (Sandy's Angels DEFERRED TO 9-1 Y N Y Y Y Y Y Y A Y Y Daycare) CUP re in-home daycare at 5621 AUGUST 12, Parkland Court 2008 DISTRICT I - CENTERVILLE 6 Ordinances re (CZO): ADOPTED BY ]0-0 Y Y Y Y Y Y Y Y A Y Y CONSENT a. AMEND ~ III re definition of "Family" b. AMEND ~ 103 to reflect provisions of (HB 430) re Zoning Administrator/ issuance of inspection warrants c. AMEND ~ 103 re Civil Penalties to reflect provisions of (HB 1308) d. AMEND ~ 160 I re Coastal Primary Sand Dune to reflect change (HB 1308) expanding definition of coastal primary sand dune M 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 COMMmEE HISTORIC PRESERVATION RESCHEDULED B Y C 0 N S E N S U S COMMISSION HUMAN RIGTHS COMMISSION RESCHEDULED B Y C 0 N S E N S U S OPEN SPACE ADVISORY COMMmEE RESCHEDULED B Y C 0 N S E N S U S ; REVIEW and ALLOCA nON RESCHEDULED B Y C 0 N S E N S U S i COMMITTEE (COG) I N/O/P ADJOURNMENT 7:07 PM PUBLIC COMMENTS I Speaker I 7:07 - 7:15 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: July 1,2008 M B L D C E L E D H C R A W PAGE: 4 S I 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 I V 0 0 H L R Y S N F N A N D City Council Sessions for July and August July 8 . July 9 - August 4 August 5 August 12 August 19 August 26 Briefing, Informal, Formal, including Planning City Council Vacation Cancelled - "National Night Out" Briefing, Informal, Formal, including Planning City Council Workshop Briefing, Informal, Formal, including Planning CITY COUNCIL TWO-DAY GOAL SETTING WORKSHOP AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER