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SEPTEMBER 13, 2011
CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 JOHN E. UHRIN, Beach --District 6 PRESCOTT SHERROD, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR- LYNDONS. REMIAS CITY CLERK - R1 TH HODGES ERASER, MMC I. II III IV CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME CITY COUNCIL BRIEFING CITY COUNCIL AGENDA 13 September 2011 - Conference Room - 1. VIRGINIA BEACH ROUNDTABLE - HRCC Initiatives and Top Priorities - Linwood Branch, 2011 Chair CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 HONE (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com V. INFORMAL SESSION -Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:30 PM 5:00 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Mr. Randall Childress Pastor, Kempsville Church of Christ 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 G. FORMAL SESSION AGENDA H. BID OPENING 1. LEASE OF CITY -OWNED PROPERTY 2061 Chicory Street L PUBLIC HEARINGS 1. SPECIAL SERVICE DISTRICT (SSD) Old Donation Neighborhood Dredging Project 2. EXCESS CITY PROPERTY 708 Victor Road 3. LEASES OF CITY -OWNED PROPERTY a. Laskin and Republic Roads b. 2501 Courthouse Drive c. 1401 Southern Boulevard August 23, 2011 CONSENT AGENDA K. ORDINANCESIRESOLUTIONS 1. Ordinances to AMEND the City Code: a. §2-75 re Merit and Nonmerit Service b. §2-134 re Type B Grievances c. §7-59.4 re prohibiting the use of skateboards and similar wheeled devices in Town Center parking garages 2. Ordinances re the Old Donation Creek Area Dredging Special Service District a. AMEND and REORDAIN the City Code by ADDING Chapter 35.3 "Neighborhood Dredging Special Service Districts" (SSD) re Old Donation Creek area b. CREATE the "Old Donation Creek Area Dredging" Project; APPROPRIATE estimated real estate revenue; TRANSFER funds; and, provide direction re dredged materials 3. Ordinances re Whole Foods Market Group, Inc. (retail market): a. Declare the former City owned pump station site at 708 Victor Road as EXCESS and AUTHORIZE the City Manager to convey same to Republic Station, LLC b. AUTHORIZE the City Manager to execute a long term lease of said property at Laskin and Republic Roads 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with E.V. Williams, Inc. at 1401 Southern Boulevard 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with Beach Municipal Federal Credit Union at 2501 Courthouse Drive, Building 4 h Street 6. Resolution to AUTHORIZE enlargement of the previous dent feed as the Resort tArea Westrridor Recovery Zone to include the western resort area to be Recovery Zone to prevent any penalty under the tax exempt bond rules 7. Resolution to AUTHORIZE support for the Security Rohe amount ds Urban Areaof Security rInitiative Grant from the U.S. Department of Homeland Y emergency communications 8. Ordinance to AUTHORIZE a sanitary sewer line in the City of Norfolk's right-of-way to serve properties along Wesleyan Drive in the City of Virginia Beach and EXECUTE a Franchise Agreement therefor 9. Ordinances to AUTHORIZE temporary encroachments: a. MARCUS G. and ANNE M. DRAGAS to construct and maintain an elevated beach access walkway and a platform at 526 South Atlantic Avenue, Croatan Beach (DISTRICT 6 — BEACH) b. PEDRO F. and MELLESSA M. BELRRA to mo e an existingtruct lntain a dock ata 08 eal,Cresc,ent, wharf and boatlift, extend an existing deck Sand Broad Lake (DISTRICT 7 — PRINCESS ANNE) 10. Ordinance to ACCEPT and APPROPRIATE $152,667 Grant from the Edward Byrne Assistance Grant Local Solicitation to be used as recommended by the Criminal Justice Board for public safety and criminal processing. 11. Ordinances to provide TRANSFERS within the Inmate Services Special Revenue Fund of the Sheriffs FY -2011-12 Budget: a. $32,573 to convert two part-time Storekeeper II positions to a full-time Food Services Assistant b. $70,000 for the purchase of digital security cameras L. PLANNING 1. Application of ANNETTE C. BEAUDRY, EXEJANNETTE C. BEAUDRY and JOHNNIE M. HICKS, for a Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 2508 Beaufort Avenue (DISTRICT 4 — BAYSIDE) RECOMMENDATION APPROVAL 2. Application of CHECKERED FLAG STORE # 2, LLC/EVERGREEN VIRGINIA, LLC, for a Conditional Use Permit re a car wash at 5225 Virginia Beach Boulevard (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL 3. Application of OUTLET MALL a P RO oER South Independence Boulevarditional Use (DISTRICT r5mit re a business and vocational school LYNNHAVEN) RECOMMENDATION APPROVAL 4. Ordinances for the CITY OF VIRGINIA BEACH to AMEND: a. City Code §§6.1 and 6.3, Appendix B, Subdivision Regulations, and §4 of the Site Plan Ordinance, Appendix C, re the required information for preliminary and final Subdivision plats and site plans b. City Zoning Ordinance, (CZO), §1303 re appeals of decisions regarding Certificates of Appropriateness for the construction, alteration, repair, relocation or demolition of structures within a Historic and Cultural District. C. Comprehensive Plan re the Rosemont Strategic Growth Area Master Plan, dated August 2011, and REVISE the Policy document. M. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD ENERGY ADISORY COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers NATIONAL NIGHT OUT OCTOBER 4, 2011 City Council Workshop Cancelled If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL BRIEFING -Conference Room - 4:30 PM 1. VIRGINIA BEACH ROUNDTABLE - HRCC Initiatives and Top Priorities - Linwood Branch, 2011 Chair II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VL FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Mr. Randall Childress Pastor, Kempsville Church of Christ 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 G. FORMAL SESSION AGENDA August 23, 2011 H. BID OPENING 1. LEASE OF CITY -OWNED PROPERTY 2061 Chicory Street I. PUBLIC HEARINGS 1. SPECIAL SERVICE DISTRICT (SSD) Old Donation Neighborhood Dredging Project 2. EXCESS CITY PROPERTY 708 Victor Road LEASES OF CITY -OWNED PROPERTY a. Laskin and Republic Roads b. 2501 Courthouse Drive c. 1401 Southern Boulevard Pubiig Notice Notice is hereby given pursuant to an ordinance approved by the City Council on August 23, 2011, that bids shall be received for a lease of a portion of City property located at 2061 Chicory Street (GPIN 1494280615) in the Princess An e District, for the purpose constructing, maintaining and operating wireless tele- communications facilities, including, but not limited, to antennas, and connecting cables appurtenances and accessory structures to be used in conjunction with the aforesaid facilities. Bids shall be received by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chamber, City Hall Building, Municipal Center, Virginia Beach, Virginia, on September 13, 2011 at 6:00 p.m., and after the receiving and opening of bids, the Council will either proceed with the consideration of the ordinance awarding of the aforesaid lease or will defer the matter to a subsequent meeting. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. A descriptive notice of the ordinance awarding the lease is in the following words: AN ORDINANCE PROVIDING FOR BIDS FOR A LEASE OF A PORTION OF THE CITY PROPERTY LOCATED AT 2061 CHICORY STREET FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES A copy of the proposed ordinance, including the lease to be awarded thereby, is on file and available for inspection during normal business hours in the office of the City Clerk. Ruth Hodges Fraser, MMC City Clerk BEACON Aug 28 & Sept 4, 2011 22603073 PUBLIC HEARING: AN ORDINANCE TO CREATE A SPECIAL SERVICE DISTRICT FOR THE OLD DONATION NEIGHBORHOOD DREDGING PROJECT As required by Code of Virginia § 15.2-2400, the City Council of Virginia Beach, Virginia will hold a Public Hearing on an ordinance to create a special service district for the Old Donation Neighborhood Dredging Project. The Public Hearing will be held on September 13, 2011 at 6pm in the City Council Chamber. The Chamber is located on the second floor of City Hall, 2401 Courthouse Drive. All persons are encouraged to attend and speak about this proposed special service district. A copy of the ordinance, including a map of the proposed district boundary, may be inspected at the Office of the City Clerk. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call: TDD only 711 (TDD - Telephonic Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon Aug 21, Aug 28 and Sept 4, 2011 22603091 PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS OF CITY PROPERTY The Virginia Beach City council will hold a PUBLIC HEARING Tuesday, September 13, 2011, at 6:00 p.m., In the Council Chamber of the City Hall Building (Bldg #1) at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs" and conveyed to Republic Station, LLC: 3,267 sq. ft. (.075 acre) parcel - former pump station site located at 708 Victor Rd. (SPIN 2407-58-9592) Any questions concerning this matter should be directed to the Public Works Real Estate Office, Municipal Center - Building #2, Room 392, phone number (757) 385-4161. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call TDD 711 (TDD - Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon Sept. 4, 2011 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property on Tuesday, September 13, 2011, at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following property: Approximately 0.197 acres of unimproved property located near the intersection of Laskin Road and Republic Road Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Municipal Center. The Facilities Management Office telephone number is (757) 385-5659. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call TDD 711 (TDD - Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon: Sept. 4, 2011 22622057 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property on Tuesday, September 13, 2011, at 6:00 p.m. in the Council Chamber of the City Hall Building (Building N1) at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following property: Approximately 3,079 sq. ft. of space located at 2501 Courthouse Drive, Building 4 (GPIN: 1494- 72-7378-0001) If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call TDD 711 (TDD - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center. The Facilities Management Office telephone number is (757) 385-5659. Ruth Hod a er, MMC City Cler Beacon: Sept. 2, 2011 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property on Tuesday, September 13, 2011, at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following property: Approximately 9.75 acres of land located at 1401 Southern Boulevard, Virginia Beach, VA (GPIN: 2417-24- 1080) Any questions concerning this matter should be directed to the Department of Public works - Facilities Management Office, Roam 228, Building 18, at the Municipal Center. The Facilities Management Office telephone number is (757) 385-5659. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing Impaired, call TDD 711 (TDD - Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon: Sept. 4, 2011 22622065 J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §2-75 re Merit and Nonmerit Service b. §2-134 re Type B Grievances c. §7-59.4 re prohibiting the use of skateboards and similar wheeled devices in Town Center parking garages 2. Ordinances re the Old Donation Creek Area Dredging Special Service District a. AMEND and REORDAIN the City Code by ADDING Chapter 35.3 "Neighborhood Dredging Special Service Districts" (SSD) re Old Donation Creek area b. CREATE the "Old Donation Creek Area Dredging" Project; APPROPRIATE estimated real estate revenue; TRANSFER funds; and, provide direction re dredged materials 3. Ordinances re Whole Foods Market Group, Inc. (retail market): a. Declare the former City owned pump station site at 708 Victor Road as EXCESS and AUTHORIZE the City Manager to convey same to Republic Station, LLC b. AUTHORIZE the City Manager to execute a long term lease of said property at Laskin and Republic Roads 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with E.V. Williams, Inc. at 1401 Southern Boulevard 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with Beach Municipal Federal Credit Union at 2501 Courthouse Drive, Building 4 6. Resolution to AUTHORIZE enlargement of the previous designation of the 19th Street Corridor Recovery Zone to include the western resort area to be identified as the Resort Area West Recovery Zone to prevent any penalty under the tax exempt bond rules 7. Resolution to AUTHORIZE support for the Hampton Roads Urban Area Security Initiative Grant from the U.S. Department of Homeland Security in the amount of $2,500,000 re emergency communications 8. Ordinance to AUTHORIZE a sanitary sewer line in the City of Norfolk's right-of-way to serve properties along Wesleyan Drive in the City of Virginia Beach and EXECUTE a Franchise Agreement therefor 9. Ordinances to AUTHORIZE temporary encroachments: a. MARCUS G. and ANNE M. DRAGAS to construct and maintain an elevated beach access walkway and a platform at 526 South Atlantic Avenue, Croatan Beach (DISTRICT 6 — BEACH) b. PEDRO F. and MELLESSA M. BECERRA to construct and maintain a bulkhead, float, wharf and boatlift, extend an existing deck and remove an existing dock at 308 Teal Crescent, Sand Broad Lake (DISTRICT 7 — PRINCESS ANNE) 10. Ordinance to ACCEPT and APPROPRIATE a $152,667 Grant from the Edward Byrne Justice Assistance Grant Local Solicitation to be used as recommended by the Criminal Justice Board for public safety and criminal processing. 11. Ordinances to provide TRANSFERS within the Inmate Services Special Revenue Fund of the Sheriffs FY -2011-12 Budget: a. $32,573 to convert two part-time Storekeeper II positions to a full-time Food Services Assistant b. $70,000 for the purchase of digital security cameras G�.nn ueq+� .j l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-75 of the City Code Pertaining to Nonmerit and Merit Service Employees MEETING DATE: September 13, 2011 ■ Background: Recently the titles of employees in the City Manager's office changed from Chief Financial Officer, Chief of Staff and Chief Operating Officer to Deputy City Managers. However, City Code Section 2-75 still refers to these employees by the former titles. This amendment will update the terminology in City Code Section 2-75 to reflect the change in titles. ■ Considerations: The requested change will ensure consistency between the City Code and terminology used by the City. ■ Recommendation: Approval of ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Resources P City Manage r� 7! boo, 1 AN ORDINANCE TO AMEND SECTION 2-75 2 OF THE CITY CODE PERTAINING TO 3 NONMERIT AND MERIT SERVICE 4 5 SECTION AMENDED: § 2-75 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-75 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-75. - Service divided into nonmerit and merit services; composition of 14 nonmerit service. 15 (a) The service of the city is divided into nonmerit service and merit service. 16 (b) The nonmerit service shall consist of: 17 (1) Members of the city council and all other elected officials or persons appointed 18 to fill vacancies in elective offices. 19 (2) The city manager, the -c-h+ef-of-staff, Ghi f f�nG*al Off^GeF^G ief 0peFa#+eg 20 deputy city managers, assistants to the city 21 manager and all heads of departments or offices who are appointed by the city 22 manager. 23 (3) Constitutional officers and their employees 24 (4) All appointees of the city council. 25 (5) Employees of the health department. 26 (6) Employees of the school board. 27 (7) Judges and associate judges of the circuit courts, general district courts and 28 juvenile and domestic relations district courts, and employees of such courts. 29 (8) Employees of the agriculture department compensated by the state. 30 (9) The general registrar and all assistant registrars. 31 (10) Employees of juvenile probation. 32 (11) Members of boards and commissions. 33 (12) Any individual whose relationship with the city arises from or under any 34 express contractual agreement to which such individual is a party or whose position 35 is created by such contract. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of _, 2011. APPROVED A O CONTENT Hbn-Un Resources CA12019 R -1 - August 23, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Att rney's Office ,\y.G°eq yG1 :r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-134 of the City Code Pertaining to Type B Grievances MEETING DATE: September 13, 2011 ■ Background: Recently the Department of Human Resources updated the forms used by employees when bringing forward Type B Grievances. The updated form has a new title. The applicable City Code section specifically references the form by title. Therefore, the code section needs to be amended to coincide with the new form title. ■ Considerations: The requested change does not create substantive changes to the grievance policy and procedure or grievance rights. Rather, the amendment is a housekeeping item to ensure consistency between the language of the City Code and terminology used by the City. ■ Recommendation: Approval of ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Resources City Manager: n 1 AN ORDINANCE TO AMEND SECTION 2-134 2 OF THE CITY CODE PERTAINING TO TYPE 3 B GRIEVANCES 4 5 SECTION AMENDED: § 2-134 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA - 9 10 That Section 2-134 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-134. - Same—Type B grievances. 14 (a) The procedure for Type B grievances includes the following steps: 15 (1) Step 1. The grievant shall discuss the grievance with his or her immediate 16 supervisor in person within twenty (20) consecutive calendar days from the date of 17 its occurrence or knowledge of its occurrence. The immediate supervisor must 18 verbally reply to the grievant within ten (10) consecutive calendar days of the date 19 of this discussion. 20 (2) Step 2. If the grievance is not settled in step 1, the grievant may, within ten 21 (10) consecutive calendar days of the immediate supervisor's verbal reply, submit 22 the grievance in writing to the same supervisor en -a attached to the "gr+evanGe 23 statemeRt and remedy —few employee grievance form" available from the 24 department of human resources or any city -owned or leased information bulletin 25 board and on the city intranet. The immediate supervisor must reply in writing to the 26 grievant erg and attach the response to the " 27 employee grievance form" within ten (10) consecutive calendar days of receipt of 28 the written grievance. 29 (3) Step 3. If the grievance is not settled in step 2, the grievant may appeal the 30 immediate supervisor's decision by forwarding the "GFieva^T^GSfatemeRt and 31 Remedy Form employee grievance form" to the department director within ten (10) 32 consecutive calendar days of the immediate supervisor's response. The 33 department director or his or her designee must meet with the grievant to discuss 34 the grievance with the employee and must reply in writing to the grievant eR and 35 attach the response to the "yriolronno raply and remedy form employee grievance I IV YUI IVZi 36 form" within ten (10) consecutive calendar days of the receipt of the written 37 grievance. If the immediate supervisor is the department director, steps 2 and 3 are 38 consolidated into a single step. 39 (4) Step 4 40 (i) If the grievance is not settled in step 3, the grievant may appeal the 41 decision to the personnel board. The decisions of the personnel board shall be 42 final and binding and shall be consistent with law and written policy. The 43 original " i tateMeRt and Femedy employee grievance form," and 44 the "gFievaRGereply and rem " all original documents attached to the 45 form must be sent to the d+feEter department of human resources/employee 46 relations within ten (10) consecutive calendar days of the department director's 47 response. Upon notification of the grievant's intent to appeal, the director of 48 human resources must arrange the time and place of the hearing and notify all 49 affected parties of such time and place within fourteen (14) consecutive 50 calendar days. The personnel board hearing shall be scheduled, if possible, 51 within thirty (30) consecutive calendar days from the end of the 52 aforementioned fourteen -consecutive -day period. Either the grievant or 53 management may petition the circuit court for an order requiring 54 implementation of the decision of the personnel board. 55 (ii) A member of the personnel board shall be disqualified from hearing a 56 grievance if (i) he or she has direct involvement with the grievance being 57 heard or with the complaint or dispute giving rise to the grievance; (ii) he or 58 she is in a direct line of supervision of the grievant or is one of the following 59 relatives of a participant in the grievance process or of a participant's spouse: 60 spouse, parent, child, descendants of a child, sibling, niece, nephew or first 61 cousin; or, (iii) he or she is an attorney having direct involvement with the 62 subject matter of the grievance, or is a partner, associate, employee or co - 63 employee of such an attorney. 64 (b) With the exception of step 3, the only persons who may normally be present in the 65 management steps of the procedure are the grievant, the appropriate management 66 representative at the level of which the grievance is being heard, and appropriate 67 witnesses for each side. Witnesses shall only be present while actually providing 68 testimony. At step 3, the grievant, at his or her option, may have a representative of his 69 or her choice. If the grievant is represented by legal counsel, the city may also be 70 represented by legal counsel. 71 (c) The time frames set forth herein may be extended by mutual agreement of the city 72 and the grievant. 73 (d) For purposes of this section, "immediate supervisor" shall mean the person who 74 was responsible for providing immediate supervision to the employee at the time the 75 discipline or other action being grieved was imposed. 76 (e) If, at any step of the grievance procedure, a reduction in the level of discipline 77 originally imposed is offered to, but rejected by, the grievant, the grievance shall 78 proceed to the next step of the procedure with the original level of discipline in place. 79 Any offer to reduce the discipline or otherwise reach a resolution shall not be 80 considered at the next step of appeal. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. - i HU'n R sources City Att ney's Office CA12020 R-3 August 31, 2011 CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: An Ordinance to Amend Section 7-59.4 of the City Code Pertaining to Riding Wheeled Devices in Town Center MEETING DATE: September 13, 2011 ■ Background: The use of skateboards and other similar wheeled devices in Town Center parking garages and parking areas has resulted in an increase in the occurrences of property damage. ■ Considerations: Prohibiting the use of skateboards and other similar wheeled devices in parking garages and parking areas in Town Center owned by the City or a political subdivision may reduce the instances of property damage and perhaps physical injury. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Approve Ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police City Manager:sjk, 1 AN ORDINANCE TO AMEND SECTION 7- 2 59.4 OF THE CITY CODE PERTAINING TO 3 RIDING WHEELED DEVICES IN TOWN 4 CENTER 5 6 SECTION AMENDED: § 7-59.4 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 7-59.4 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 7-59.4. - Regulations pertaining to riding wheeled devices in Town Center. 15 (a) It shall be unlawful for any person to ride on any sidewalk or plaza in the Town 16 Center, or in any parking garage or parking area located in the Town Center and owned 17 by the City or a political subdivision, an all -terrain vehicle, bicycle, electrical personal 18 assistive mobility device, electric power -assisted bicycle, motor -driven cycle, motorized 19 skateboard, motorized scooter, moped, roller blades, roller skates, scooters or 20 skateboards, or a pedal -powered vehicle that is muscle -powered or any other muscle - 21 powered device. 22 (b) For purposes of this Section, the term "Town Center" means the area bounded 23 by and including the sidewalk on the south side of Virginia Beach Boulevard, the Norfolk 24 Southern Corporation property line, the sidewalk on the east side of Independence 25 Boulevard, and the sidewalk on the west side of Constitution Drive. 26 (c) A violation of this Section shall be punished by a civil penalty of not more than 27 fifty dollars ($50.00). Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police epartrfeV City At ey's ffice CA12025 R-1 August 23, 2011 1 , f :�.... u3•i 'i CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Amend and Reordain the Code of the City of Virginia Beach, Virginia, by adding thereto Chapter 35.3, "Neighborhood Dredging Special Service Districts," to Create the Old Donation Creek Area Dredging Special Service District, and to Levy Additional Taxes on Real Property within the Old Donation Creek Area Dredging Special Service District (2) An Ordinance to Create Capital Project #8-500, "Old Donation Creek Area Dredging," to Appropriate Estimated Real Estate Revenue, to Transfer Funds to CIP #8-500, and to Provide Direction Regarding Dredged Materials MFFTING DATE: September 13, 2011 ■ Background: In the FY 2011-12 Budget Process, the City Council adopted a policy for neighborhood dredging. The policy provides the purpose and the need underlying the establishment of various special service districts. Benefits expected through the establishment of a neighborhood dredging special service district include the preservation of navigable waterways, the enhancement and improvement of storm water capacity and water quality, the protection of public recreation areas, and the protection of property within each service district. As provided by the policy, the City may partner with neighborhoods wherein more than 80% of the affected property owners provide signed petitions asking for the establishment of a special service district. As part of this agreement, the City will pay for the dredging of the City spur channel, and the Service District will pay for the neighborhood channel dredging. The City, through its Department of Public Works, has received signed petitions from 80% of the affected property owners in the Old Donation Creek Area. The Old Donation Creek Area Dredging Special Service District ("Service District") will serve 61 properties. The first dredging is planned in FY 2013-14, with the second and third dredging cycles to occur in FY 2019-20 and FY 2026-27, respectively. The City staff has provided the enumerated special service district levy based on the FY 2011-12 assessed values of the properties within the service district. The staff will re- calculate the estimated project costs at least every four years. After the completion of the third dredging cycle and the payment of any outstanding costs associated with the dredging, the Service District will dissolve, and the properties will no longer be subject to the additional levy. ■ Considerations: State law permits the City to establish a special service district for the purpose of providing additional services, including dredging creeks and rivers to maintain existing uses. A neighborhood dredging project is a partnership between the City, the neighborhood, and the property owners. For the Old Donation Neighborhood, the City's obligation for the spur channel is an estimated $103,212 for the initial dredging in FY 2013-14. The neighborhood channel dredging that is provided by the Neighborhood Dredging SSD Page 2 of 2 Service District is an estimated $393,588, with $188,793 expected in cumulative real estate taxes generated from the levy in years 1-3. Property owners have the option of providing individual contributions to pay the costs associated with property access channel dredging; however, these costs are not reflected in the project at this time. The Service District is not anticipated to generate ample funding through the levy to complete the first neighborhood channel dredging in FY 2013-14 as planned; therefore, the City will provide an estimated $204,795 in additional funding beyond the City's contribution for the spur channel in order to initiate the first dredging, with the Service District repaying the City's General Fund in future years. Using the FY 2011-12 assessed values, the additional levy on the 61 properties is 18.4 cents per $100 of assessed value. This levy will provide the funding for the neighborhood channel dredging. A second ordinance is attached. This ordinance establishes Capital Project 8-500, "Old Donation Creek Area Dredging," to capture the costs associated with the Old Donation Neighborhood Dredging Project. A total of $359,496 is provided to the project in FY 2011-12. A $51,489 transfer from the Old Donation Neighborhood Dredging Special Service District Fund reflects estimated real estate tax collections from the Service District. This amount was prorated for FY 2011-12 to reflect an effective date of October 1, 2011. An additional transfer of $308,007 from a dedicated reserve in the General Fund provides the amount of estimated amount of funding needed from the City to initiate the first dredging in FY 2013-14. This second ordinance, as part of the Capital Project, directs the use of the Thalia Dredged Material Transfer Site for dredged materials. The estimated cost for the initial dredging of the neighborhood channel is $393,588, of which $188,793 is provided through real estate taxes generated in the Service District. The City will provide $308,007, which covers the spur channel dredging and the remainder needed for the neighborhood channel. The following table outlines the funding for this initiative. Funding Sources FY 2011-12 FY 2012-12 FY 2013-14 Cumulative Total Real Estate Tax Revenue from SSD 51,489 68,652 68,652 188,793 City Upfront Prepayment of Neighborhood Dredging* 204,795 204,795 City Spur Channel Dredging Obligation 103,212 103,212 359,496 68,652 68,652 496,800 *to be reimbursed by SSD revenues in future years ■ Public Information: This item has been advertised for three successive weeks in the Beacon as is required by Virginia Code § 15.2-2400. Additionally, public information will be provided through the normal Council agenda process. ■ Recommendations: Approval of the two attached ordinances. ■ Attachments: Ordinances (2), Map, Property List, Neighborhood Dredging City Council Policy Recommended tion: Approval Submitting Dart n ency: Public Works City Manager: 1_ 1 AN ORDINANCE TO CREATE CAPITAL PROJECT #8-500, 2 "OLD DONATION CREEK AREA DREDGING," TO 3 ESTIMATE REAL ESTATE REVENUES, TO TRANSFER 4 FUNDS TO CIP #8-500, AND TO PROVIDE DIRECTION 5 REGARDING DREDGED MATERIAL 6 7 WHEREAS, by separate ordinance the City Council established the Old Donation 8 Creek Area Special Service District; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, THAT: 12 13 1. Capital Improvement Project # 8-500, "Old Donation Creek Area Dredging" is 14 hereby created in the FY 2011-12 Capital Improvement Program; 15 2. $51,489 is hereby appropriated, with estimated real estate revenues increased 16 accordingly, to the Old Donation Creek Area Dredging Special Service District 17 Fund and transferred to Capital Project # 8-500; 18 3. $308,007 is hereby transferred from the FY 2011-12 General Fund Reserve for 19 Contingencies to Capital Project # 8-500, to begin engineering and design work 20 required by the Project; and 21 22 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 23 , 2011. 24 25 Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Management Services e Wetifs" APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office R-4 CA 12024 September 6, 2011 1 AN ORDINANCE TO AMEND AND REORDAIN THE CODE 2 OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY 3 ADDING THERETO CHAPTER 35.3, "NEIGHBORHOOD 4 DREDGING SPECIAL SERVICE DISTRICTS," TO CREATE 5 THE OLD DONATION CREEK AREA DREDGING SPECIAL 6 SERVICE DISTRICT AND TO LEVY ADDITIONAL TAXES 7 ON REAL PROPERTY WITHIN THE OLD DONATION 8 CREEK AREA DREDGING SPECIAL SERVICE DISTRICT 9 10 SECTIONS ADDED: 35.3-1; 35.3-2; 35.3-3; 35.3-4; 35.3-5; 11 35.3-6; 35.3-7 12 13 WHEREAS, The City of Virginia Beach has procured signed petitions from at 14 least 80% of the residents of the Old Donation Creek Dredging Area waterfront property 15 owners; and 16 17 WHEREAS, the petitions provide the signers commit to the imposition of special 18 service district ("SSD") taxes and other contributions as set forth in further detail herein; 19 and 20 21 WHEREAS, the Old Donation Creek Area Dredging Project ("Project") includes 22 three (3) cycles of dredging; and 23 24 WHEREAS, the SSD taxes will begin Oct. 1, 2011, for a partial year (FY2011-12), 25 the first dredging is planned for FY 2013-14, the second is planned for FY 2019-20, and 26 the third is planned for FY 2026-27; and 27 28 WHEREAS, the Project is a partnership addressing related dredging activities: 29 the community channel dredging, which is supported by City contributions to the Special 30 Service District; the neighborhood channel dredging, which is supported by the levy of 31 Special Service District taxes; and the access channels, which are supported by 32 individual contributions to the Special Service District; and 33 34 WHEREAS, the rate established by this Ordinance is based on the FY 2011-12 35 real estate assessed value of the subject properties; and 36 37 WHEREAS, City staff will re -calculate the estimated Project costs at a minimum 38 of every four (4) years; and 39 40 WHEREAS, the City Council of the City of Virginia Beach believes that 41 undertaking the Project is in the best interest of the public and is a reasonable exercise 42 of the City's authority to promote general welfare, including commerce and industry of 43 the City and the inhabitants thereof. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 46 VIRGINIA BEACH, VIRGINIA: 47 48 1. That the Code of the City of Virginia Beach, Virginia, is hereby amended and 1 49 reordained by adding thereto a new Chapter 35-3 to read as follows: 50 51 52 CHAPTER 35.3 53 NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICTS 54 55 Section 35.3-1. Creation of Neighborhood Dredging Special Service Districts. 56 57 This chapter shall provide for the establishment of Neighborhood Dredging 58 Special Service Districts hereinafter "Neighborhood Dredging SSD" or "Service 59 District," pursuant to the authority contained in the Code of Virginia, section 15.2.2400, 60 et seg. 61 62 Section 35.3-2. Facilities and services to be provided within Neighborhood 63 Dredging Special Service Districts. 64 65 Each Neighborhood Dredging SSD is created for the purpose of providing 66 financing for any dredging of creeks and rivers to maintain existing uses within the 67 Service District Toward that end there shall be provided within the Service District 68 financing for all expenses for those facilities and services necessary or desirable to 69 accomplish the purpose of the Service District including, without limitation, 70 administrative engineering legal permitting and any other professional services, 71 dredging grading and hauling facilities and equipment and such other equipment, 72 mitigation costs if any, and facilities including real property acquisition, as may, from 73 time to time be needed to accomplish the purpose of the service districts. 74 75 Section 35.3-3. Proposed plan for providing funding for facilities and services 76 within the Neighborhood Dredging Special Service Districts. 77 78 a. Each Neighborhood Dredging SSD project shall have three types or levels of 79 dredging: city spur channel dredginqneighborhood channel dredging: and 80 property access channel dredging. 81 b. The city spur channel dredging is supported by City funds. 82 C. The neighborhood channel dredging is supported by revenue generated by 83 the Service District taxes as provided herein. 84 d. The property access channel dredging is supported by individual contributions 85 paid from Service District property owners for purposes of funding those 86 services set forth in section 35.3-2. 87 88 Section 35.3-4. Benefits expected to be realized from the provision of facilities 89 and services within the Neighborhood Dredginq Special Service Districts. 90 91 Through the provision of the facilities and services described in section 35.3-2- 92 an attempt will be made to dredge certain creeks and rivers to maintain existing uses. 93 The facilities and services to be provided are expected to benefit owners of property 94 within the service districts as well as residents and visitors, through preservation and 95 enlargement of the navigable waters of the city, enhance and improve storm water 96 capacity and water quality, protect and maintain public recreation areas and public 97 infrastructure and thereby, protecting life property and property values within the 98 special service districts. 99 100 Section 35.3-5. Levy of additional taxes to pay, either in whole or part, the 101 expenses and charges for providing additional services with the Neighborhood 102 Dredging Special Service Districts. 103 104 Pursuant to the authority contained in Code of Virginia, section 15.2-2403(6), 105 within each Neighborhood Dredging SSD the city council may levy and provide for the 106 collection of additional taxes to fund the city's obligations to pay, either in whole or part, 107 the expenses and charges for providing and maintaining facilities and services within 108 the Service Districts Such additional taxes may include an annual tax upon any 109 property in the service district which is subject to local taxation. 110 111 Section 35.3-6. Limitation on purposes for which additional taxes levied and 112 collected within the Neighborhood Dredging Special Service Districts may be 113 used. 114 115 All taxes levied and collected and any property access channel contribution, 116 Pursuant to this chapter within a Neighborhood Dredging SSD shall only be used to pay, 117 either in whole or partthe expenses and charges for providing and maintaining facilities 118 and services within the Service District. No additional tax shall be levied for or used to 119 pay for schools police or general government services not authorized by Code of 120 Virginia section 15.2-2403. The proceeds from all such additional taxes as may be 121 levied and collected shall be a special fund and shall be so segregated as to enable the 122 same to be expended within the service districts. Any property access channel 123 contribution shall be separately accounted within the Service District Fund or Capital 124 Improvement Program, whichever applies. 125 126 Section 35.3-7. Creation of the Old Donation Creek Area Dredging Special 127 Services District. 128 129 a. There is hereby created the Old Donation Creek Area Dredging Special Service 130 District for the purposes set forth in this chapter and those set forth in Code of 131 Virginia, section 15.2-2403. 132 b. The boundaries of the Old Donation Creek Area Dredging Special Service 133 District shall be described in detail by the map attached to this ordinance. 134 c. The Old Donation Creek Area Dredging Special Service District shall dissolve on 135 July 1, 2028, if not sooner. 136 137 2. There shall be levied and collected for the portion of fiscal year 2012, prorated 138 from the effective date of this ordinance to the close of the fiscal year, taxes for the 139 special purpose of providing neighborhood dredging on all real estate within and 140 pursuant to the Old Donation Creek Area Dredging Special Service District at the rate of 141 18.4 cents ($0.184) on each on hundred dollars ($100) of assessed value thereof. This 142 real estate tax rate shall be in addition to the real estate tax rate set forth by the General 143 Real Estate Tax Levy adopted by City Council on the 10th of May, 2011. This tax rate 144 shall apply to any properties subject to ad valorem taxes including those properties 3 145 enrolled in the Exemption, Deferral or Freeze for Elderly and Disabled Persons, City 146 Code §§ 35-61, et seq. As set forth in Code of Virginia, section 15.2-2403(6), written 147 consent is required to apply this tax rate to the full assessed value of properties subject 148 to special use value assessment. The real estate tax rate imposed herein shall be 149 applied on the basis of one hundred percentum (100%) of the fair market value of such 150 real property except for public service real property, which shall be on the basis as 151 provided in Section 58.1-2604 of the Code of Virginia. 152 153 3. The City Manager or designee is hereby authorized to enter into contracts and to 154 perform other actions consistent with this ordinance. 155 156 4. The effective date of this ordinance is October 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. 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In addition, water quality and habitat have been severely impacted due to the siltation of the bottomland of those bays and rivers. The purpose of this policy is to establish a neighborhood dredging program that would be funded by a partnership between the City and neighborhood residents to ensure that the Lynnhaven River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay navigation channels are adequately dredged. It is the policy of the City Council that whenever practicable the navigation channels within the Lynnhaven River basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay will be maintained in navigable condition through a partnership between the City and homeowners whose properties are contingent to the waterways. 3.0 Procedure to Accomplish Policy 3.1 City Council will establish neighborhood dredging Special Service Districts (SSD) as they are requested by those neighborhoods adjoining the Lynnhaven River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay. The neighborhood participation percentage will be a minimum of 80% of properties adjacent to the waterways before establishing an SSD. 3.2 The total period for each SSD will be 16 years. Individual SSD tax rates will be computed based on the cost of dredging the neighborhood channels. 3.3 The City will be responsible for the main channels and spur channels off a main channel, the neighborhoods will be responsible for those channels that serve a collective neighborhood, and property owners will be responsible for private (individual) channels and dock basins that serve individual properties. 3.4 The City's portion of the cost of dredging the channels will be paid for through the General Fund. The neighborhood dredging project will require initial City funding, but over the 16 -year dredging period the SSD will pay for the entire cost of the neighborhood dredging except private channels and dock basins and will reimburse the City for any upfront costs. 4.0 Responsibility and Authority 4.1 For each neighborhood dredging project, the Department of Public Works is responsible for identifying Fiscal Year 2011-12 10-31 Budget Ordinances 5.0 those channels that are the City's responsibility, providing the Department of Management Services with the information needed to determine the City's cost of providing dredging service to those channels, and working with the respective neighborhoods to accomplish the necessary dredging. 4.2 The Department of Management Services will provide analysis to determine the cost to the City for each neighborhood dredging project and how that cost will be funded, prepare the necessary documents requesting City Council approval of the project and establishment of the associated SSD, and following City Council approval will ensure that the funds representing the City's portion of the cost of the project will be appropriated in a special reserve. 4.3 Any funding for this policy shall be subject to annual appropriation and/or Council authorized issuance of debt. Definitions Main Channels: The primary channels connecting directly to the Lynnhaven River basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay. Navigation Channel: For purposes of this policy, a channel in the Lynnhaven River basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay that is deep enough to enable boats to pass through. Neighborhood Channel: A system of channels within an estuary to a main channel that serves as a collective access channel for one neighborhood. Private (Individual) Channel: An access channel leading from private property and improvements to a neighborhood channel. Special Service District: A defined geographical area of the City where special services are rendered and the costs of those special services are paid from revenues collected from service charges imposed within that area as authorized by §§15.2-2400, et seq. of the Code of Virginia. Spur Channel: That portion of a navigation channel leading from a main channel to a neighborhood channel system that is adopted as a designated City channel, which may serve more than one neighborhood. Approved as to Content: Director of Management Services Date Approved as to Legal Sufficiency: Date City Attorney Approved: Date Deputy City Manager Approved: Date City Manager Approved: Date Mayor Fiscal Year 2011-12 11-32 Budget Ordinances TM" fit CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring the Former p Station City ManagerOto Convey Victor SameSame oad in Excess of the City's Needs and Authorizing th to Republic Station, LLC MEETING DATE: September 13, 2011 ■ Background: In 1964, the property located at 708 Victor Road (GPIN 2407-58- 9592) was conveyed to the City of Virginia Beach (the "City") for use as a pump station (the "Property"). The pump station has since been removed and reconstructed across the street. There are two adjoining properties to this Property — one is residential and the other is 1800 Laskin Road. Since there is a drainage ditch that runs between the residential site and the Property, it was determined that the best use of the Property would be assemblage into 1800 Laskin Road. Republic Station, LLC ("Developer") is in the process of acquiring 1800 LaskinRoad for the 1800 Laskin ment s a Whole parcel. Market, and desires to incorporate the Property ■ Considerations: This Property is not being considered for any future City use. The Property is a nonconforming lot due to its small size and has limited potential for development except for assemblage into an adjoining property. The presence of a Whole Foods Market in Virginia Beach would be the first in the Hampton Roads area, and is expected to bring 120 new jobs and approximately $450,000 of annual sales tax revenue to the City. ■ Public Information: Advertisement of Public Hearing in The Virginian -Pilot. Advertisement of City Council Agenda. ■ Recommendations: Approve the request and authorize the City Manager to convey the Property to Republic Station, LLC. ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: City Manager:-�S� Public Works / Real Estate' 1 AN ORDINANCE DECLARING THE FORMER 2 PUMP STATION SITE AT 708 VICTOR ROAD IN 3 EXCESS OF 4 AUTHORIZING THECITY MANAGER TO CONVEY 5 SAME TO REPUBLIC STATION, LLC 6 of 7 WHEREAS, the City of Virginia Beach (the "Cif{") 075uacre) ocatedlatb 08 bdeeVy dctor 8 a certain parcel of real property containing 3,267 sq. 9 Road (GPIN 2407-58-9592) (the "Property") for use as a pump station site; 10 e of the Property for a pump station site has been discontinued, 11 WHEREAS, us mp station has been constructed across the street; 12 and a replacement pu 13 14 WHEREAS, Republic Station, LLC desires to acquire the Property in conjunction 15 with its redevelopment of the adjoining parcel located at 1800 Laskin Road; 16ur ose, and the 17 WHEREAS, the City is no longer utilizing the Property for any p p 18 City has no future need for the Property; and 19 20 WHEREAS, the City Council is of the opinion that the Property is in excess oft e eyed to Republic Station, LLC, for incorporation into the 21 City's needs and should be conv 22 adjoining parcel. 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY O 24 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. That the Property is hereby declared to be in excess of the needs of the 28 City of Virginia Beach. 29 to 3 0 2. That the City Manager is hereby lc Station, redLLC, en eaccordan accordance with ents the 31 necessary to convey the Property to Repu e a part hereof, and such 32 Summary of Terms attached hereto as Exhibit A, Suffic sufficient nd dby the City Manager and in 34 a form deem 33 other terms ed satisfactory and factory by he City Attorney. 3 ay 5 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 37 of , 2011. 38 39 THIS ORDINANCE REQUIRES AN AFFIRMATIVE OTE OF THREE - 38 - 4o FOURTHS OF ALL COUNCIL MEMBERS ELECTED APPROVED AS TO CONTENT: De�ment&ofl Public Works CA11941 \\vbg0v.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D027\P008\00021666.DOC R-1 September 2, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office EXHIBIT A SUMMARY OF TERMS DISPOSITION OF EXCESS PROPERTY (PUMP STATION SITE — 708 VICTOR ROAD) GRANTOR/OWNER: City of Virginia Beach ("City") GRANTEE: Republic Station, LLC ("Grantee") PROPERTY: City -owned former pump station site located at 708 Victor Road, 3,267 sq. ft. /.075 acre (GPIN 2407-58-9592) LEGAL DESCRIPTION: All that certain lot, tract or parcel of land situate in the Borough of Lynnhaven, City of Virginia Beach, State of Virginia, as shown and designated as Parcel B-1, 3.397 sq. ft. 0.078 ac. upon a certain plat entitled "Survey of property for the City of Virginia Beach, Virginia, Lynnhaven Borough, Virginia Beach, Virginia, Scale: 1"=30', March 6, 1964, Frank D. Tarrall, Jr. & Associates, Surveyors & Engineers, Virginia Beach, Virginia." SALE PRICE: $0.00. ADDITIONAL CONDITIONS OF CONVEYANCE: • The Property shall be resubdivided at the Grantee's expense in order to eliminate interior lot lines. • The Grantee shall submit a site plan for review and approval by the Planning Department prior to any construction. • The Grantee shall provide a physical survey at its expense. • City's conveyance of the Property to Grantee will be conditioned upon use of the Property for development and use as a Whole Foods Market. Should Grantee fail to develop the Property for such use, or should such Property cease to be used for a Whole Foods Market, City will have right to reacquire the Property at no cost, at City's sole option. —z— --,T— do ocL I CITY OF AGENDA ITEM VIRGINIA BEACH ITEM: An Ordinance Authorizing the City Managerto ExecuteLoca edear Lease Nearr the with Republic Station, Laskin tnRoad andrRepublic Road p Intersection of MEETING DATE: September 13, 2011 �� "owns an unimproved 0.197 ■ Background: The City of Virginia Beach (the City) adjacent to the property on acre parcel of land on Republic Road (the "Property")' adjacWhole Foods Market Laskin Road that is currently being developed for use by LLC (the Group, Inc. ("Whole Foods") as a retail dsmarket. and desbres SRepuolic atncorporate the "Developer") is developing the Whole F Property into its plans for use as additional parking. The term of the lease would p Y be 40 years. rty in order to Considerations: The Developer needs to utilize this date the Who a Foods ore ail the number of parking sp ■ aces necessary to accomm market, which is planned to include a 40,000 sq. ft. building and is expected to bring significant local sales tax revenue to the City. Because this proposed lease is for a term longer than five (5) years, a request for bids was advertised on August 28 and September2011tembi h respo 1eand ii on September 9, 2011. The bids wenss due ill be opened p there are multiple bids, the Council action will bea deferred until the bids can be evaluated and the lease will be awarded at a later ■ Public Information: Advertisement of Request t o Bids n ancl or the Agenda. Hearing in The Virginian -Pilot. AdvertisementY ■ Alternatives: Approve lease as presented, change terms of the lease, or deny leasing Property. ■ Recommendations: Approval of lease as presented. ■ Attachments: Ordinance Summary f Terms Location Map Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Facilities Management City Manager: 1, 1 AN ORDINANCE AUTHORIZING THE CITY EASE 2 MANAGER TO EXECUTE AT ON, LLC EFORAR LC TY - 3 WITH REPUBLIC 4 OWNED PROPE O LOCATED D ROAD THE AND 5 INTERSECTION 5REPUBLIC ROAD 7 owns a 0. unim g WHEREAS, the City of Virginia Beach ("City") 1 Rep bli of Lak nRoad a dc Roadoved (the 9 parcel of land located near the intersection of 10 "Property"); 11 LLC (the "Developer") is developing the adjacent 12 WHEREAS, Republic Station, Inc. ("Whole Foods' ), and desires to 13 property for use by Whole Foods Market Group, 14 lease the Premises and incorporate it into the Whole Foods parking area; 15 will enable the Developer to build the number of 16 WHEREAS, use of this Property Whole 17 parking spaces necessary to accommodate the size of the building planned by 18 Foods; 19 20 WHEREAS, the City and the Developerdesire d 21 for use of the Premisyears; enter into a lease agreement es for a term of forty (40) y 22 23 WHEREAS, the Property will be utilized as a parking area for customers of 24 Whole Foods, and for no other purpose. 25 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 NOW, THEREFORE, 27 VIRGINIA BEACH, VIRGINIA: rt 28 29 That the City Manager is hereby authorized tofVirginiaexecute e Beach, term of fo Y dance 30 (40) years between Republic Station, LLC and the City 31 with the Summary of Terms attached hereto as Exhibit ,s and made by the Ci y Manager a part hereof, and 32 such other terms and conditions deemed necessary an lent 33 and in a form deemed satisfactory by the City Attorney. day 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 35 36 of , 2011. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENC Public Work&I Facilitieswianagement City Attorney CAI 1943 \\vbgov. com\dfsl \applications\citylawprod\cycom32\wpdocs\d004\p010\000I8373.doc R-1 September 2, 2011 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY -OWNED PROPERTY LOCATED NEAR THE INTERSECTION OF LASKIN ROAD AND REPUBLIC ROAD LESSOR: City of Virginia Beach (the "City") LESSEE: Republic Station, LLC (the "Lessee") PREMISES: Approximately 0. 197 acre of unimproved property located near the intersection of Laskin Road and Republic Road TERM: Forty (40) years RENT: None RIGHTS AND RESPONSIBILITIES OF LESSEE: Use Premises for parking area for a Whole Foods market (to be operated by Whole Foods Market Group, Inc.), and for no other purpose Purchase and maintain public liability insurance acceptable to City in the amount of $1,000,000 combined single limits Repair, replace, restore any damage caused by negligence of Lessee, its employees, invitees or agents RIGHTS AND RESPONSIBILITIES OF CITY: City reserves the right to grant easements and rights-of-way across or upon the Premises, for streets, alleys, public highways, drainage, utilities, telephone transmission lines, pipelines, irrigation canals, and similar purposes. TERMINATION: City has right to terminate at any time by giving 180 days' advance written notice. \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D005\P010\00018436.DOC m z Y ap. Q p 0 N O I— w UL -1 \ J LLJ O \ \ � W Q ,\ J LLLLJ � CO J LL Q O Z LW V g •,. o wQ �o � a Q QLn o 0 a D � � D 0 D � o Z Y 7 P — a+u •i4� CITY OF VIRGINIA BEACH AGENDA ITEM An Ordinance Authorizing the City Manager to Enc. xecu e a 1 -Year Lease ITEM with Four 1 -Year ed at 1401Renewals Southern Boulevard Property Lo MEETING DATE: September 13, 2011 City)" owns Virginia Beach (the " a 9.734 -acre parcel of ■ Background: The City of The City acquired the land located at 1401 Southern Boulevard (the "Property in February of 2007. Property for the Southeastern Parkway Project (CIP 2-089) for use as a E.V. Williams, Inc. (,,Williams) desires to lease the Property construction materials and debris recycling facility, hich is Accident Potentialt with the 1 cons use in Property's former use and is a conforming (APZ-1). Considerations: The lease term would be for one (1) year with four (4) renewal ■ Consi the Cit terms of one (1) year each, at the City's option. first he year, withoa would pay $10,100 per month ($121,200 per year) fortY each year thereafter. t of Public in The Virginian -Pilot ■ Public Information: Advertisemen vertisement of City Counc l Agenda Ad ■ Alternatives: Approve Lease as presented, change terms of the Lease, or deny leasing the Property. ■ Recommendations: Approval of Lease ■ Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval Submitting DepartmentlAgency: City Manager. Public Works/Facilities Management PAO AN ORDINANCE AUTHORIZING HELE TY 1 MANAGER TO EXECUTE SE 2 WITH FOUR 1 -YEAR RENEWALS WITH E.V. 3 WILLIAMS, INC. FOR CITY OWNED PROPERTY 4 LOCATED AT 1401 SOUTHERN BOULEVARD 5 located at 1401 6 "City") property 7 WHEREAS, the City of Virginia Beach (the City ) oulevard (GPIN: 2417-24-1080) (the "Premises"); 8 Southern B de 10 sire to enter into a 9 WHEREAS, the City and (,,Williams")Premisesilliams, Inc. 11 lease agreement for use of th 12 the City an annual lease amount each, 13 WHEREAS, Williams has aea With four (4) renewal terms of one (1) y 14 market rates, for a term of one (1) y 15 at the City's option; and 16 operation of a construction 17 WHEREAS, the Premises for no other purpose. 18 materials and debris recycling facility, E COUNCIL OF THE CITY OF 19 20 NOW, THEREFORE, BE IT ORDAINED BY T 21 VIRGINIA BEACH, VIRGINIA: se for a term of one 22 That the City Manager is hereby authorized tolleams, Inc. lea and the City of Virginia 23 ear renewals between E.V. W 24 (1) year with four (1) y of Terms attached hereto as Exhibit A, and 25 Beach, in accordance with the Summary e a art hereof, and such other terms and csatisfactory to the City Attonditions deemed rneyry . Virginia, 27 mad p 27 sufficient by the City Manager and in a form deemedday of 28 the Council of the City of Virginia Beach, Virginia, on the 29 Adopted by 30 , 2011. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: Public Wo s / Faciliti Management City Attorney CAI 1947 \\vbg0v.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d004\p010\00018373.doc R-1 September 2, 2011 SUMMARY OF TERMS LEASE FOR CITY -OWNED PROPERTYLOCATEDAT 1401 SOUTHERN BOULEVARD LESSOR: City of Virginia Beach (the "City") LESSEE: E.V. Williams, Inc. PREMISES: 1401 Southern Boulevard Approximately 9.75 acres (GPIN: 2417-24-1080) TERM: 1 -Year Lease with Four 1 -Year Renewals RENT: $10,100 per month ($121,200er year) for the first year; 3% escalation each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: Use Premises for operation of a construction materials and debris recycling facility, and for no other purpose Maintain and secure Premises with barriers and gates, install security cameras, and install a dust allayment system Maintain commercial general liability insurance in a minimum amount of $1,000,000 RIGHTS AND RESPONSIBILITIES OF CITY: Reserve the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes Renewal terms are at the City's option TERMINATION: City may terminate the Lease for any reason by giving 180 days' advance • written notice a Q Z O a u O J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager niono for Execute C city-Ownedar Property Lease with Beach Municipal Federal Credit Located at 2501 Courthouse Drive, Building 4. MEETING DATE: September 13, 2011 ■ Background: Beach Municipal Federal Credit m the Citnion y nl a Beach (the t Union") has leased 2501 Courthouse Drive, Building 4, from Y of Virg "City") for nominal rent for the past 25 years. The tet aCity and Credit Union have n with market rates, in the reached an agreement to increase the lease 9 initial annual amount of $44,654.50, with a 3% escalation each year thereafter. The term of the lease would be 5 years. ru ■ Considerations: The Credit Union intends to services, ontinue providing aredfeatuhes teller with this lease, as well as mortgage unavailable at its Courthouse Marketplace bras ca h Credit benefit of convenience ce and Union on Municipal Center property provide accessibility to City employees who are members of the Credit Union. ■ Public Information: AdPublic vertisement of City Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease, or deny leasing subject premises. ■ Recommendations: Approval of Lease as presented. ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Wo rks/Facilities Management City Manager�tl \\vbgov.com\DFSt\ApplicatWpdocs\DONTO10\00018372. DOC 2 4 5 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE PAL FEDERAL LEASE CREDIT WITH BEACH MU UNION FOR CITY-OWNEDBUILDING 4Y KNOWN AS MUNICIPAL CENTER, WHEREAS, the City of Virginia Beach (the "City") is the owner of property located at 2501 Courthouse Drive (GPIN: 1494-72-7378-0001) (the "Premises"); WHEREAS, Beach Municipal Federal Credit (the "Credit Union") has leased the Premises from the City for the past 25 years; WHEREAS, the City and the Credit Union desire to a rater into a new lease agreement for use of the Premises for a term of five (5) years; WHEREAS, the Premises will be utilized for the operation of the Credit Union, and for no other purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: rm of five That the City Manager is hereby authorized to execute and a lease City of a to Beach, (5) years between Beach Municipal Federal Credit Un in accordance with the Summary of Terms attachedd conditions timed neceereto as ssary d suffic tintby the City Manager and ia part hereof, and such other form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: ne Public Works Facilities Management City Attorney CA11717 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d004\p010\00018373.doc R-1 August 24, 2011 EXHIBIT A SUMMARY OF TERMS LEASE FOR MUNICIPAL CENTER DRIVE ILDING #4, 2501 COURTHOUSE LESSOR: City of Virginia Beach (the "City") LESSEE: Beach Municipal Federal Credit Union ("Credit Union") PREMISES: 2501 Courthouse Drive (Mu GPINI enter, Building 00 ) Approximately 3,079 sq. TERM: Five (5) years RENT: $3,720 per month ($44,645 per year) for the first year; 3% escalation each year thereafter. RIGHTS AND RESPONSIBILITIES OF LESSEE: Use leased space for operation of the Credit Union and for no other purpose Purchase and maintain public liability insurance rnacceptable to City in the amount of $1,000,000 combined single Repair, replace, restore any damage caused by negligence of Lessee, its employees, invitees or agents RIGHTS AND RESPONSIBILITIES OF CITY: Maintain common area and structural elements of the Premises Provide water, sewer, electric, heating and air conditioning during normal business hours Furnish janitorial services and supplies TERMINATION: City has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D006\P010\00018436.DOC Ril ry ❑ w co C) C, a) e t-- cc) 0 7- C13 m I -- t -- --r 0 cn sY oo'- C:) -P, FFIF LLI Ril ry ❑ w co C) C, a) e t-- cc) 0 7- C13 m I -- t -- --r 0 cn sY oo'- C:) LY DI (' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Enlarging a Previous Designation Within the City and Ren of Virg Bet Act Virgin9 ia as a Recovery Zone Pursuant to the American Y MEETING DATE: September 13, 2011 ■ Background: The American Recovery and overy zones" for the purpose ofReinvestment Act of 2009 ("ARRA") authorized state and local governments to designate re Y These are taxable bonds Recovery Zone ("RZ") Economic Development Bonds ("RZ Bonds"). to 45% of under the ARRA that receive an interest subsidy from teoof the state aent locationl the City's federal gover the required interest payment. The City received a portion portion was $5,995,000 for RZ Bonds. 19th On December 8, 2009, City Council passed a resolution designating the Street Corridor within the City as a Recovery Zone; and on March 15 2010, the City issued $5,995,000 in RZ Bonds. It was the City's intent to use the bond proceeds to purchase e bond proceeds within the ebee designated atendt Recovery Zone. As of March 15, 2011, $3.7 million of within the 19th Street Corridor project, as planned. There remains $2.2 million in bond proceeds yet to be spent. are taxable bonds, the rules applicable to tax-exempt bonds apply to the Even though RZ Bonds y for these bonds. To meet the requu federal interest subsidt fol. w strict spend -down targets• ge problems, the City a If the City does not meet the spend -down targets, the bandsamountedue Ito gthe United nd the Revenue Code and to avoid arbitraStates City will be required to compute a rebate and pay Y government of any arbitrage profits on the investment of bond proceeds. ing ade as ■ Considerations: The 19th Street Corridor RSes spend -down expenditures end down requirementseea drto avoid quickly as originally envisioned. In order to meet expand the ent potential monitoring and arbitrage costs, it would be beneficial designated to the Reco eryltZoone would includethe Recovery Zone effective July 1, 2011. The newly 9 to the entire 1 gm as the western Resort Area, in addition et This Corridor, cdhange would allow the• ed RZ Bond Resort Area West Recovery Zone (the "Recovery Zone' ) proceeds to be spent on other public projects in the zone. ■ Public Information: City Council will receivea elic ndarpro proiefing cess September 13, 2011, and notice will be provided as part of the normal Council 9 ■ e; the City will be required to pay arbitrage. Alternatives: Do not enlarge the zon ■ Attachments: Resolution with Exhibits A and B. Recommended Action: Approval Submitting Department/Agency: Department of Finance City Manager: S �� RESOLUTION ENLARGING A PREVIOUS AS A RECOVERYTZOINE THE CITY OF VIRGINIA BEACH, VIRGINIA PURSUANT TO THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 The American Recovery and Reinvestment Act of 2009, Pub. L. No. 115-5, 123 Stat. 115 2009) (the "Stimulus Act") added sections 140OU-1 through 1400U-3 to the governments St ( authorizing Revenue Code of 1986, as amended (the "Code"), to designate "recovery including cities such as the City of Virginia Beach, Economicinia gDevelopment Bonds and Recovery zones" for the purposes of issuing Recovery Zone Facility Bonds (such bonds are referred to collectively as "Recovery Zone Bonds"). The Internal Revenue Service Notice 2009-50, issued ons of recovery t to the Stimuoneslus Act, that any state, county or large municipality may make thedesignations any reasonable manner as it shall determine in good faith in its discretion. On December 8, h2009, the City designated 19th Exhibit A attached heretoas a recovery zone. A map of the 19 Street Corridor Area is The City Council of the City (the "Council") desires to enlarge this previous designation to further the purposes of the previously designated ated recoveryity maximize the zone by includin the an area that was eligible for initial designation and to allow t Recovery Zone Bonds previously issued by the City. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section I. Findings, Designation of Recovery Zone. The purposes of the included the use of Recovery Zone designation of the 19`J' Street Corridor as a recovery zone Bonds on projects aimed at increasing employment opportunities fan alleviatby ing eging the conomic distress. The Council hereby finds these same purposes w ill berecovery zone to include the western Resort Area as set o n the Westhed, Exhibit (the recovery zone so designated shall be identified as the Resort "Recovery Zone"). Section 2. Authorizations. The approval, Council consentl filing or wzes the aiver erI consistent make make or effect any, election, selection, designer to ation, ecovery with the designation of the Recovery Zone and the expenditure Manager may be delegated by City Zone Bonds. The authorization herein granted to the city Manager in his discretion to one or more officers of the City. Section 3. Effective Date. This Resolution shall take effect July 1, 2011. Exhibit A — 19th Street Corridor Recovery a Exhibit B — Resort Area West Recovery Zone Area Adopted by the City Council of the City of Virginia Beach, Virginia, this _ day of September, 2011. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: MFjnan0ceMDXep ment City Attorney's Off -2- CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held on September 2011, at the time and place established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: PRESENT/ABSENT: VOTE: William D. Sessoms, Jr., Mayor — — Louis R. Jones, Vice Mayor — / — Glenn R. Davis — / — Bill R. DeSteph — / — Harry E. Diezel — / — Robert M. Dyer — / — Barbara M. Henley — / — Prescott Sherrod — / — John E. Uhrin — / — Rosemary Wilson — / — James L. Wood 2. The foregoing Resolution is a t ue and correct as not been repealed,py of such e yoked, rescinded or solution as adopted on September 2011. The foregoing Resolution h amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this th day of September _, 2011. Clerk, City Council of the City of Virginia Beach, Virginia (SEAL) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support a U.S. Department of Homeland Security Grant Application for Emergency Communications MEETING DATE: September 13, 2011 ■ Background: In August 2011, the City applied for a grant from the U.S. Department of Homeland Security, process through the Virginia Department of grant funds to Emergency Management. If awarded, the City adeuse uateh emergency comm anications uire and deploy new P25 subscriber radios, to ensure q interoperability and to acquire related support and maintenance contracts. This grant will improve the Public Safety Answering Point (PSA al9commu1 1) andni Otionsverla planRegional The Interoperability Network (ORION) capabilities and reg grant does not require a local match. The proposed use of funds includes: $ 110,000.00 P25 Subscriber radios - Portable accessories $ 230,769.00 P25 Subscriber Mobile Radios $ 1,159,229.50 P25 Subscriber Portable Radios P25 700MHz remote Radio Site equipment/services - Dual path $ 100,000.00 microwave P25 700MHz remote Radio Site equipment/services - Five base $ 75,000.00 radios P25 700MHz remote Radio Site equipment/services - Bridging $ 375,000.00 equipment P25 700MHz remote Radio Site equipment/services - Antenna $ 50,001.50 solution $ 200,000.00 Communications Exercise $ 200,000.00 Procure Consultant Services =$2,500,000 ort from ty ■ Considerations: The grant applicationrequireson ofSOlon of t documepnts and of ler Council and a designation of an agent i °ation.r the execIf a grant isgranawarded, the City Council actions in furtherance of the grant app appropriate the grant funds. will be presented with an ordinance to appro p ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: City Manager�-- 'V� Communications and Information Technology 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to (1) Locate a Sanitary Sewer Line in the City of Norfoolk'si ze t ht -of - Way to Serve Properties located lwitlrginia the City of Norfolk for the Sewer Line he Execution of a Franchise Agreement MEETING DATE: September 13, 2011 ic ■ Background: The Virginia Beach Department oalonublWeSUeyales n Drive that Utilities") maintains a sanitary sewer system located9 branches off the public sewer system located in the L & J Gardens Subdivision in the City of Virginia Beach (the "City"). Currently there are seven properties along rWeslleoyaen�Driv that d no Utilities public sanitary sewer service (collectively, p proposing to extend the existing sanitary sewesleyan Drive (Fm in irst Cities Project) Virginia Beach Department of Public Works We leyin e same an 2-145). The proposed sanitary sewer system would Simutaneoulocated installation of area as the Public Works drainage improvements. the sanitary sewer system and the drainage system would properties. duce future conflicts and minimize disturbance to the residents and The Properties are located in Virginia Beach; however, the property lines abut a right-of-way in the City of Norfolk ("Norfolk"). The proposed extension of the sanitary sewer system would need to be installed within Norfolk subght of -wthe Norfolk is amenable to the proposed sanitary sewerexecution of a franchise agreement which would located the city within t installs, own n and - maintain the proposed sanitary sewer system way. ■ Considerations: The proposed extension of thesanitary ocat d at 6020, 6024, be a gravity system that would serve the five properties 6028, 6032 and 6036 Wesleyan Drive. A low pressure l public sewee system ous nguld llprivate other two property owners to connect to the p located sanitary sewer pump stations and force mains. These ltnotproperties be serviced ew with the at 5941 and 5949due to anhe evationton shortfal Boulevard and gravity system d The costs of these proposed improvements would e funded from Various Roadway/Storm Water Coordination — Phase ■ Public Information: Advertisement of City s wer system extension during the ncil Agenda. The public was also informed of the City's proposed sanitary 6 2010, and beginning m October Public Works Public Meeting held on May owners describing the proposed 2010, Public Utilities sent letters to the property sanitary sewer extension. ■ no other planned projects that would bring sanitary Alternatives: There are sewer services to these properties. ■ Recommendations: Approve the installation of the sanitary sewer system and approve execution of a franchise agreement with the City of Norfolk. ■ Attachments: Ordinance ummary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: City Manager: 7 l4. NA Public Utilities ORDINANCE TO (1) LOCATE A SANITARY 1 SEWER LINE IN THE CITY OF NORFOLK'S 2 RIGHT-OF-WAY TO SERVE PROPERTIES 3 LOCATED IN THE CITY OF VIRGINIA BEACH, 4 AND (2) AUTHORIZE THE EXECUTION OF A 5 FRANCHISE AGREEMENT WITH THE CITY OF 6 NORFOLK FOR THE SEWER LINE 7 8 Wesle an Drive in the g WHEREAS, there are City") currently t are not served by he City's sanitary sewer 10 City of Virginia Beach (the "City") 11 system (collectively, the "Properties"); ry 12 WHEREAS, the City's Public Utilities Department aeWesleyan Drive (Fast 13 14 sewer service could be extended to the Properties part of he -145) if it locates a portion of the sanitary sewer system within the 15 Cities Project) ) (CIP 2 f Norfolk ("Norfolk"); 16 adjacent right-of-way located in the City o ry 17 sani 18 WHEREAS, Norfolk has agreed to allow the installation of the necessary enter ng into a 19 sewer system in its right-of-way, subject to the City and chise a reement to govern the installation and maintenance of the portion of the 20 fran 9 21 sanitary sewer system located in Norfolk; and rfolk 22 to 23 WHEREAS, the proposed extension of the sanit sanitary sanitary i s 24 would be the most efficient and practical manner to provide a 25 the Properties. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY O 28 VIRGINIA BEACH, VIRGINIA: 2g public sanitary sewer system into the right -of - 1. That the extension of the in ty 30s31 way located in the City of Norfolk to serve the seven properties d ade adpart hherelof, � 32 Virginia Beach, as identified on Exhibit A, attached hereto, 33 hereby approved. 34 authorized to execute a franchise 2. That the City Manager is hereby 35 governing the 36 agrCity of eement operation an maintenance between the City of Virginia Beach and th oof the portion of the 37 terms and conditions of the installation, o sanitary sewer system located in the City of Norfolk, in accordance d and containing such other 38 sa Y 39 Terms attached hereto eemed ssary and sufficient s Exhibit B and made a part hereof, the City Manager and in a 40 terms and conditions d 41 form deemed satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 day of , 2011. APPROVED AS TO /CONTENT: Vb Department of Utilities CAI 1944 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d011 \p012\00033726.doc R-1 August 31, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney w 4 �Zd M �a 4 u-, u� E J4��'s f � • � oho ' M � q N 11' r2 n. I r d RS .. _ m � O/ d OJ •41 C � � r Y Y 1 - y i� u E W L _ O a0 4 G r h G m y? 4 � 6 k L 'll a3, m y A b ro P I "B `'� L7 y y O/ d OJ •41 C � O as o, c s •. 4 w 1 - y? a3, b ro P I "B `'� L7 y y � Q _ 'CX 44i t O 2O O G co ca r, o or. ° o • ❑ .❑ ❑ ❑ ❑ r� o, q V1 O ro m w �a v .. a w v a o y w v v« Y p o si X 3 3 �U aTi N O u7 v G '7 00 +G 47 91 N 4/ N p m y � _ ,_ W .c �p .0 s L m 14 n N N N O Q� i0J EXHIBIT SUMMARY OF TERMS FRANCHISE AGREEMENT Franchisor / Owner: City of Norfolk ("Norfolk") Franchisee: City of Virginia Beach ("Virginia Beach") Term of Franchise: Forty (40) years i hts of Franchisee: Installation, operation and intnaf Franchisoary sewer R g system in the existing right-of-way Franchise Fee: None S ecial Terms: Prior to construction, Virginia Norfolk Beach to obtain all necessary p and customary permits Nu CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Croatan Beach located at the Anne rear of 52 26 S. Atlantic Avenue, for property owners Marcus G. Dragas MEETING DATE: Se tember 13, 2011 ■ Background: Marcus G. Dragas and Anne M. Dragas have requested permission to l tform construct for and maintain an elevated beach a earty known as Croatan Beach, located at ss walkway and a 10, X 10' p beach access on a portion o y prop the rear of 526 S. Atlantic Avenue. There are similar encroachments located across t e dunes at encroach.Croatan Beach, re which is where Mr. and Mrs. Dragas have requested IN Considerations: City Staff has reviewed the requested conditions oencroachmenutlined in the Agreement. approval of same, subject to certainh Resolution Additionally, this encroachment has been review Commissioned for f srduneormity wencroachment 3274, the Beaches and Waterfront Advisory recommendations. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or ad conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate iz I City Manage . . 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 TEMPORARY ENCROACHMENTS 4 INTO A PORTION OF CITY 5 PROPERTY KNOWN AS CROATAN 6 BEACH LOCATED AT THE REAR OF 7 526 S. ATLANTIC AVENUE, FOR 8 PROPERTY OWNERS MARCUS G. 9 DRAGAS AND ANNE M. DRAGAS 10 ct and 11 WHEREAS, Marcus G. Dragas and Anne M. X ODragas 12 platform for beach uaccess 13 maintain an elevated beach access walkway and a a ortion of City property known as Croatan Beach, located at the rear of 526 S. on 14 P 15 Atlantic Avenue, Virginia Beach, Virginia; and 16 15.2-2009 and 15.2-2107, 17 WHEREAS, City Council is authorized pursuant to §§ encro 18 Code of Virginia, 1950, as amended, to authorize temporary may achments upon the 19 City's property subject to such terms and conditions asCouncil 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY O 22 VIRGINIA BEACH, VIRGINIA:xtent 15.2- 23 That pursuant to the authority and to the Bended thereof Marocus G. Dragas and Anne 24 2009 and 15.2-2107, Code of Virginia, 1950, as am M. Dragas, their heirs, assigns and successors in title, aacceautssrlw walkway and a 10zed to construct nX 25 9 26 maintain temporary encroachments for an elevated beach 27 10' platform for beach access on a portion of City property as ENCROACHMENThPLAT OFh78' OF 28 marked Exhibit "A" and entitled: EXHIBIT A 29 ELEVATED BEACH ACCESS WALKWAY, LOCATED ON PROPERTY OF THE CITY 3 o OF VIRGINIA BEACH, VIRGINIA MAP OF "CROBEACH", (M.B. 24,of which 31 SHEET 1 SCALE: 1 "= 40' SHEET 2 SC E and t10, chNeferencel s madepfor a more 32 is on file m the Department of Public Works 3 3 particular description; and 34 that the temporary encroachments are expressly 35 BE IT FURTHER ORDAINED, 36 subject to those terms, conditions and criteria containedAnne I Mt Dragas (the Agreement Agreeme t ), between the 37 City of Virginia Beach et and incorporated by reference; and 3 8 which is attached he 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement, it nd t until such 42 in 43 BE IT FURTHER ORDAINED, that this OrdinattheC shall Manage or hes authorized 44 time as Marcus G. Dragas and Anne M. Dragas and Y 45 designee execute the Agreement. 46 the Council of the City of Virginia Beach, Virginia, on the 47 Adopted by day 48 of 7 2011. CA -11722 R-1 PREPARED: 8/19/11 APPROVED AS TO CONTENTS PCU LIC WORKS, REAL ESTATE° APPROVED AS TO LEGAL SUFFICIENCY AND FORM DAN. HA M R ASSISTANT CITY ATTORNEY U L C6 0 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) day of �_ �� 2011, by and $" THIS AGREEMENT, made this 1 between the CITY OF VIRGINIA BEACH VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, ,City", and MARCUS G. DRA_ AND ANNE M. DRAGAS husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, , "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lots 1 and 11, Block 29", as shown on that cert plat lat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA SCALE 1" = 100' JUNE, 1954," prepared by C A BAMFORTH, CLS," and saidP lat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 526 S. Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain an elevated beach access walkway and a 10' X 10' platform, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property located at the rear of 526 S. Atlantic Avenue known as Croatan Beach, the "Encroachment Area"; and GPIN'S: 2427-30-4591-0000; (526 S. Atlantic Avenue) 2427-30-8604-0000; (CITY PROPERTY KNOWN AS CROATAN BEACH BEACH AREA PARCEL) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. consideration of the premises and of the NOW, THEREFORE, for and in benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar 1.00) , cash in hand paid to the City, receipt of which is hereby acknowledged, ($ City the Cit hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing 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 Vir inia and the City of Virginia Beach, and in accordance with the City's specifications 9 and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit 8plat O�nELEVATED "EXHIBIT BEACH ENCROACHMENT PLAT OF 7 ACCESS WALKWAY, LOCATED MAP OON FTCY OF THE OATAN CITY OF VIRGINIA BEACH, VIRGINIA BEACH", (M.B. 24, P. 37) SHEET 1 SCALE: 1" = 40' AND SHEET 2 SCALE: 1,, = 10' DATEExhibit 2A"2 and a copy h Of which is attached hereto as reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering 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 Grantee 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 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. it is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and a ainst all claims, damages, losses and expenses, including reasonable attorney's fees, 9 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 Department of. Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the seaward extent of the Temporary Encroachment shall not extend past the eastward toe of the sand dune. 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 comprehensive general liability insurance in an amount not less than $500,000.00, 3 combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is 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 Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a re istered professional engineer or a licensed land surveyor, and/or "as built" plans of g the Temporary Encroachment sealed by a registered professional engineer, if required b either the City Engineer's Office or the Engineering Division of the Public Utilities Y Department. It is further expressly understood and agreed that the City, upon revocation of such 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 remove 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 real property tax upon the land so occupied if it were owned by the 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 the Temporary Encroachment is allowed M 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, Marcus G. Dragas and Anne M. Dragas, the said Grantees, have caused this Agreement to be executed by their signatures. 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 foregoing instrument was acknowledged before me this day of 2011, 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 Notary Registration Number: My Commission Expires: (SEAL) ATTEST: (SEAL) City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: cknowledged before me this _day of The foregoing instrument was a , 2011, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 01 By Marcus G. Dragas, Owner U By His Attorney -In -Fact, Anne M. Dragas By Anne M. Dragas,Owner STATE OF to -wit: CITY=4Y OF I The foregoing instrument was acknowledged before me this r,7 day of 2011, by Marcus G. Dragas, by his Attorney -In -Fact, Anne M. Dragas. � E (SEAL) No ary Public Notary Registration Number: % G `� row My Commission Expires: i' Iwo ra COMM STATE OF to -wit: CITY/C-XYJN -Y OF I�v� The foregoing instrument was acknowledged before me this 16 �day of L�_Q�a�7_ _, 2011, by Anne M. Dragas. Notary Registration Number: / 93 2. My Commission Expires: (SEAL) Notary Public �a*ON It" WWWWII fit, slt� APPROVED AS TO CONTENTS SI • ATURE pu) DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM AN H RMEYER, ASSISTANT CITY ATTORNEY OS'y,gu0100k1L09 OOZ# 15N1 30�lnos /VV/G/6/-74 o Q N p U II n 0 0 0 S U W m z Q O N O C,� U � Z W AN � Q O — N N N mO m O Z � v� > F m i N w — — Q = (A- — — - U Q W m Q O!_ 00'-V 39018 3N o-- _ 10— — =w UQ = W ~ m 'y O o Q Q�z >WC7s- J ui � � Q LL = m M N Q 0 7- Qm Q O W O �t �] U- Q Q cr- N = 0 U U �m w g�_ �_ LX a > o C,() Li � Q FJ - U -:3: U Q (n o U U W Q _ Ln U Q � :D Cl) I o j m O O� W N N O U N S LL O C W z Q �C)� C� n O L.n n os - JnNJnv Jrcnrv7,v xsnos F-- M E" h 0 N O CV W zo � O ;.i O O d W J Q U (n © M CD r Ln O O N CV r Lo r- N .4- r r7 °=N� U) U) X > v ��L)L X N 00 3 3 a� •- rn Z r-> Ln ON r Z Z 0 0 O CL Mi 0 N O N LJ Z Z O �Z O O I II W Q U N 0 r-� LO � o r N 0 CD N r Z N Ln LC) x U � 0 E U In ,C B u x m °O 3 rn Z r > `n O N r Z N C O O _g_- CL d = LJ Ur Q� LJ mo 0 Q w >Q>CCZ LJLL.X_ _ W W 7 U Q L � = m � N O Z Ua O W Q C' O F_ 00 CCDM ¢ N LJ Q O O UZ � N F- = m2 x g��LL- Ln W0 ma. ori 0 W J} U 3 U Q Ln O C,() cy- LJ U U Z U W Q 0 N O N LJ Z Z O �Z O O I II W Q U N 0 r-� LO � o r N 0 CD N r Z N Ln LC) x U � 0 E U In ,C B u x m °O 3 rn Z r > `n O N r Z N C O O _g_- CL d CD weer °4 t �r nye P CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into Lake at the Tearable width canal on City property located adjacent to Sand of 308 Teal Crescent, for property owners Pedro F. Becerra and Mellessa M. Becerra MEETING DATE: September 13, 2011 ■ Background: Pedro F. Becerra and Mellessa M. Becerra have requested permission to re! construct and maintain a bulkhead; to construct std mdecklto the0new bulkhead; x 40' wharf, and a 12' x 12 boat lift; extend an ex g and to remove an existing 5' x 24' dock in aportion ILakef at the le lof 308 Teal canal on City property located adjacent to Sand Broad Crescent, Virginia Beach, Virginia. ■ Considerations:d has City Staff has reviewed the requested encroachments onsoutl en the Agreement de ond approval of same, subject to certain c There are similar Council -approved encroachments in the variable width canal adjacent to Sand Broad Lake which is where Pedro F. Becerra and Mellessa M. Becerra have requested to encroach. In accordance with the recommendations of CityCo Council to hme ts addressontwC ty quality protection in conjunction with temporary roa property, the requested encroachments have been Staff revievis dobythe profess oval artment of Planning/Environmental Management Ce nter.opinion that the establishment of a 15 -foot -wide vegetated riparian unn ngbheeentirety r area, consisting of under story trees and shrubs in a mulched bedis not feasible given the of the shoreline, adjoining the applicant's property, particular site characteristics. The Department hea o Planning/make amONE Management Center has determined that pp to the THOUSAND, FIVE HUNDRED DOLLAR ($1,500.00) payment, payable icall City Treasurer, to the Department ofPaal thatnning scannotebe test bl'shedion for the tyon the required 15 -foot -wide riparian buffer area applicant's property. This payment will be used to restore buffer areas on other City -owned property which is feasible and warranted to help reduce long-term water quality impacts associated with the existing and proposed encroachments. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or ad conditions as desired by Council. ■ Recommendations: t to the terms and conditions of the Agreement. Approve the request subjec ■ Attachments: Ordinance, Agreement, Exhibit, Pictures and Location Map Recommended Action: Approval of the ordinance. , Submitting Department/Agency: � � Public Works/Real Estate �� � City Manager: {4 I Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 TEMPORARY ENCROACHMENTS 4 INTO A PORTION OF A VARIABLE 5 WIDTH CANAL ON CITY PROPERTY 6 LOCATED ADJACENT TO SAND 7 BROAD LAKE AT THE REAR OF 308 8 TEAL CRESCENT, FOR PROPERTY 9 OWNERS PEDRO F. BECERRA AND 10 MELLESSA M. BECERRA 11 ruct 12 13 WHEREAS, Pedro F. Becerra and MellessaM•Bx 20'rfloat,s5' xire t40r wharf,tand 14 and maintain a bulkhead; to con struct and maintain aO 15 a 12' x 12' boat lift; to extend an existing deckd idth canalnew City propertymlocated ove an 16 existing 5' x 24' dock in a portion of a variable adjacent to Sand Broad Lake at the rear of 308 Teal Crescent in the City of Virginia 17 1 18 Beach, Virginia; and 15.2-2009 and 15.2 20 -2107, 19 WHEREAS, City Council is authorized pursuant to §§ Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 prescribe. 22 City's property subject to such terms and conditions as Council may 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY O 25 VIRGINIA BEACH, VIRGINIA:15.2- 26 That pursuant to the authority and to the Sxtamended, Pedrent thereof contained IF. Becerra and 27 2009 and 15.2-2107, Code of Virginia, 1950, a 28 Mellessa M. Becerra, their heirs, assigns and successors ma'ntaintal 10'rx 20t floate 5'tx 40' re - 29 construct and maintain a bulkhead; to construct a new 30 wharf, and a 12' x 12' boat lift; to extend an existing deck r o theoperty as shown ad; and to 31 remove an existing 5 nd2enttled:ock in a portion of the "ENCROACHMENIT REQUEST —'EXHIBIT A' FOR 32 marked Exhibit "A" a SANDBRIDGE SHORES NORTH, 33 PEDRO F. and MELLESSA M. BECERRAET 1 34 SECTION 1-B, LOT 76 (M.B. 103 PG. 24) PA SANDBRID sEoDISTRICT e SHE 34 of 35 DATE: APRIL 9, 2010 SCALE: 1 = 40'," a copy of which 36 Public Works and to which reference is made for a more particular description; and 37 the temporary encroachments are expressly 38 BE IT FURTHER ORDAINED, that the 39 subject to those terms, conditions and criteria contained a n the Agreement M between n(the 4 o City of Virginia Beach and Pedro F. Becerra 41 "Agreement"), which is attached hereto and incorporated by reference; and 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 44 is hereby authorized to execute the Agreement, a 45 such sh BE IT FURTHER ORDAINED, that this ordinancean 46 dallthet CitynManagereffectt'or his 47 time as Pedro F. Becerra and Mellessa M. ecerra 4s authorized designee execute the Agreement. 49 Y 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the a 52 of , 2011. CA -11659 R-1 PREPARED: 912/11 APPROVED AS TO CONTENT -- f W7�� v U LIC V ORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM Apr DA ;.HARMEYER, ASSISTANT CITY ATTORNEY 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 3 qday of o S / , 2011, by NIA BEACH VIRGINIA, a municipal corporation of the and between the CITY OF VIRGI Commonwealth of Virginia, Grantor, "City", and PEDRO F. BEC_ ERS AND MELLESSA M. BECERRA, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 76" as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 113 NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 308 TEAL CRESCENT, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to re -construct and maintain a bulkhead and to construct and maintain a 10'x 20' float, 5'x 40' wharf, 12' x 12' boat lift and extend an existing deck to a new bulkhead and remove an existing 5' x 24' dock, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 2433-27-3415-0000: (PROPERTY -CANAL) 2433-16-8679-0000, 308 Teal Crescent) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a variable width canal on City property, located adjacent to Sand Broad Lake, at the rear of 308 Teal Crescent, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar$1.00), cash 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 constructing 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 REQUEST -'EXHIBIT A FOR PEDRO F. and MELLESSA M. BECERRA SANDBRIDGE SHORES NORTH, SECTION 1-13, LOT 76 (M.B. 103 PG. 24) PA SANDBRIDGE DISTRICT SHEET 1 OF 1 DATE: APRIL 9, 2010 SCALE: 1" = 40'," 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 ordering 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 Grantee shall bear all costs and expenses of such removal. 2 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. It is further expressly understood and agreed that the Grantee shall nif hold harmless, and defend the City, its agents and employees, from and mdem y, 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 apermit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). it is expressly understood and agreed that the Grantee shall make a ONE THOUSAND, FIVE HUNDRED DOLLAR ($1,500.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15 - foot -wide riparian buffer area that cannot be established on the property of the Grantee; K said buffers are a standard condition of the City for shoreline encroachments. Said payment ment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. 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 comprehensive 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 least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is 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 such 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 remove 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 real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by n 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 the Temporary Encroachment is allowed ( to continue thereafter, and my a collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Pedro F. Becerra and Mellessa M. Becerra, the said Grantees, have caused this Agreement to be executed by their signatures. 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 foregoing instrument was acknowledged before me this day of 2011, by , CITY MANAGERIAUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: CityClerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: I e r . Becerra, Owner c Mell ssa M. Becerra, Owner STATE OF� !�F Q,o-wit: CITY/COUNTY The foregoing oin instrument was acknowledged before me this. -3L day of a�4 , 2011, by Pedro F. Becerra-Cely. (SEAL) Notary Public J ROBIN A�� UR6 Notary Public Notary Registration Number:_f7 ,ithotVUpinia 193002 My Commission Expires: Mf► Commi$510 Ext�ins Mu 31, 2014 STATE OF ?LC CITY/COUNTY OFAtp-wit: The foregoing instrument was acknowledged before me this — day of 2011, by Mellessa M. Becerra. 5-� 0J& SEAL) Notary Public A B F _ NOW y R BI A NOsEWRG Notary Registration NumbA]ROBIN on i sa .. NNiht i>hc mission F Go 111 111811111 of Virginia AIIy Commission Expires: mrnissW JWW Mar 31,2014 APPROVED AS TO CONTENT �. ;;j 111 SIG TURE _ r w �[{l E4czl� DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 6r,' DanaR. armeyer, Assistant City Attorney o a co ��,� /��� �g cD o w cn20 QE000 I0 o iOz�oo mom^ J w o �N >Wj a jZa}Qj = �`— Z c Z C) -1 -ZZ � 0LucnUw v> O Q� Ma0 Q »HHw� J� i J \ NN J n< U) 2U) �� NcU� n d. zza?a: �2! 0 M: /� I I— _l to �N���z p O -010 oQ� CL OMooa P� (D ;7) 1 =It ro o >2>Uz2 r7N U_ �O DQ t N I m S w Q I II II w C) O 2 Z W z CL Y D Z'8 0' S 37,34'17" E cn O a mW 40.00' a U ~ w i s�. 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U Sm O QN ZJ v 0 w N KLAA cn M W LLJ O W d1 U o .• Q E a U LU m QN LU N KLAA M W O M W �p O W d1 U o Qi Q yy L 4-0Qi U m 2 LL c. w O it m LLA or LL f i i a U C J U QN LU U � M W O m �a L fa O m � •N L 4-0Qi O _x Z W Mo i a C•— G O 0 f� 2 c. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Public Safety and Criminal Processing MEETING DATE: September 13, 2011 ■ Background: The Edward Byrne Justice Assistance Grant (Byrne JAG) Local Solicitation is a grant from the Department of Justice (DOJ) that is used to assist with law enforcement and criminal processing programs. The Byrne JAG supports a broad range of activities to prevent and control crime based on local needs and conditions. The Criminal Justice Board, which is comprised of City representatives from Police, Sheriff, Courts, and Community Corrections, agreed upon the best use of this grant funding. ■ Considerations: The total award for this grant is $152,667. The Criminal Justice Board recommends that the funds be used as follows: • $29,000 to the Police Department for the purchase of forensic cell phone equipment; • $30,000 to the Sheriff's Office to update cameras as part of the Courthouse Security Project; • $18,000 to the Juvenile Probation for a training seminar for all juvenile probation/parole staff; • $50,142 to the Youth Opportunities Office for the summer youth employment program; and • $25,525 to the Commonwealth's Attorney's Office for the purchase of scanning equipment and optical drives. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: It is recommended that City Council accept and appropriate the grant award of $152,667 for the use of funds as suggested by the Criminal Justice Board. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Commonwealth's Attorney's Office i ��- City Manager: k 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR PUBLIC SAFETY AND CRIMINAL 3 PROCESSING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That an Edward Byrne Justice Assistance Grant in the amount of $152,667 is 9 hereby accepted from the United States Department of Justice and appropriated, with 10 federal revenues increased accordingly, to the FY 2011-12 Operating Budget of the 11 following departments/office as set forth below: 12 13 a. $29,000 to the Police Department; 14 b. $30,000 to the Sheriff's Office; 15 c. $18,000 to the Juvenile Probation; 16 d. $50,142 to the Department of Parks and Recreation, Youth Opportunities Office; 17 e. $25,525 to Commonwealth Attorney's Office; 18 19 2. That all contracted positions funded through this grant shall be eliminated when 20 grant funding expires. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT: Manage nt S rvices CA13032 R-1 August 30, 2011 APPROVED AS TO LEGAL SUFFICIENCY: " Z744, L City Attorney's Offic G' uV` OEA�I tE ,y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Convert Two Part -Time Storekeeper II Positions into a Full - Time Food Service Assistant Position in the FY 2011-12 Operating Budget of the Sheriff's Office MEETING DATE: September 13, 2011 ■ Background: During FY11, the Sheriff's Office decided to provide the inmates with commissary services that included "Care Mart" and "Fresh Favorites." "Care Mart" is an online ordering system that allows the general public to purchase items for an inmate. "Fresh Favorites" program will allow inmates to purchase a freshly cooked upgraded meal in addition to their standard inmate meal. ■ Considerations: Both the "Care Mart" and "Fresh Favorites" have had a higher demand of service than anticipated. The Sheriff's Office requests the conversion of two existing vacant Storekeeper II part-time positions into one full-time Food Service Assistant position, funded by the Inmates Services Fund. The additional fringe benefit costs associated with converting these positions to a full-time position will be provided by available funds within the Operating Budget of the Sheriff's Office. The conversion of these positions will not affect the overall position count within the Sheriff's Office. The total transfer including fringe benefits to convert this position is $32,573. ■ Public Information: Public Information will be handled through the normal Council Agenda notification process. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Sheriff's Office City Manager: k-�43rl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO CONVERT TWO PART TIME STOREKEEPER II POSITIONS INTO A FULL-TIME FOOD SERVICES ASSISTANT POSITION IN THE FY 2011-12 OPERATING BUDGET OF THE SHERIFF'S OFFICE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. Two part-time Storekeeper II positions are hereby converted to one full- time Food Service Assistant within the FY 2011-12 Operating Budget of the Sheriff's Office; and 2. $32,573 is hereby transferred within the Inmate Services Special Revenue Fund to provide the benefits associated with the conversion of the part-time positions to the full-time position. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Nlanagefnenj Services CA12030 R-1 August 30, 2011 -917 " OA4'�'� !�:� City Attorney's O r'G��1iA'6GC.� l a M>> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $70,000 from the Fund Balance of the Sheriff's Office Inmate Services Fund MEETING DATE: September 13, 2011 ■ Background: The Sheriff's Office receives funding from a number of different sources that are difficult to predict. This requires a fiscal policy that is conservative with spending and aggressive with revenue generation. The goal and policy of the Sheriff's Office is to maintain a five percent reserve of non -local revenue to provide greater fiscal stability. This policy allows the Sheriff's Office to tap fund balance when necessary to maintain services without requesting additional local money. Those amounts of funds balance in excess of this five percent reserve may be used to fund the functions within the Sheriff's Office upon appropriation by Council. ■ Considerations: During the FY12 Budget process, the Sheriff's Office requested replacement of analog security cameras with updated digital cameras, but budgetary constraints required this request to go unfunded. The Sheriff requests an appropriation of $70,000 in undesignated Inmate Services Special Revenue Fund Balance into the Sheriff's Operating Budget for the purchase of this replacement equipment. In keeping with the Sheriff's Office policy, a five -percent reserve will remain in the fund balance of the Sheriff's Inmate Services Fund. ■ Public Information: Public information will be handled through the normal Council Agenda notification process. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance p Submitting De artmenttAgency: Sheriff's Office City Manager:' ��� 2 3 4 5 6 7 8 10 11 AN ORDINANCE TO APPROPRIATE $70,000 FROM THE FUND BALANCE OF THE SHERIFF'S OFFICE INMATE SERVICES FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $70,000 is hereby appropriated, with revenue from fund balance increased accordingly, from the fund balance of the Sheriff's ffOffOelce to Inmate eplaces theces Fund to the ffacilities analog FY 2011-12 Operating Budget of the security cameras with digital security cameras. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT: Managernefit Sekvices CA12031 R-1 August 30, 2011 APPROVED AS TO LEGAL SUFFICIENCY: I City Attorney's Offic L. PLANNING 1. Application of ANNETTE C. BEAUDRY, EXEJANNETOTdE1C. BEAUDance that R Y anires a1JJOHNNIE M. HICKS, for a Variance to §4.4(b) of the Subdivision newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 2508 Beaufort Avenue (DISTRICT 4 — BAYSIDE) APPROVAL RECOMMENDATION 2. Application of CHECKERED FLAG STORE # 2, L a IEBeach Boulevard (DIEN STRICT 2LLC, for a Conditional Use Permit re a car wash at 5225 Virginia KEMPSVILLE) APPROVAL RECOMMENDATION 3. Application of OUTLET MALL PROPERTIES, Independence Boulevard (DISTRICT 5 it re a business and vocational school at 116 South p LYNNHAVEN) APPROVAL RECOMMENDATION 4. Ordinances for the CITY OF VIRGINIA BEACH to AMEND: a. City Code §§6.1 and 6.3, Appendix B, Subdivision Regulations, and §4 of the Site Plan Ordinance, Appendix C, re the required information for preliminary and final Subdivision plats and site plans b. City Zoning Ordinance, (CZO), §1303 re appeals of decisions regarding Certificates of Appropriateness for the construction, alteration, repair, relocation or demolition of structures within a Historic and Cultural District. c. Comprehensive Plan re the Rosemont Strategic Growth Area Master Plan, dated August 2011, and REVISE the Policy document. NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, September 13, 2011, at 6:00 p.m. The following applications will be heard: KEMPSVILLE DISTRICT Checkered Flag Store # 2, LLC/Evergreen Virginia, LLC Application: Conditional Llse Permit for a car wash at 5225 Virginia Beach Boulevard (GPIN 1467664306;1467669472). LYNNHAVEN DISTRICT Outlet Mall Properties, L.C. Application: Conditional Use Permit for a business and vocational school at 116 S. Independence Boulevard (GPIN 1477437489). BAYSIDE DISTRICT Annette C. Beaudry, Exe/Annette C. Beaudry and Johnnie M. Hicks Application: Subdivision Variance at 2508 Beaufort Avenue (GPIN 1570510918). CITY OF VIRGINIA BEACH Ordinance to amend Section 6.1 and 6.3 of the City Code, Appendix B, Subdivision Regulations, and Section 4 of the Site Plan Ordinance, Appendix C, pertaining to the Required Information for Preliminary and Final Subdivision Plats and Site Plans. Ordinance to amend Section 1303 of the City zoning Ordinance pertaining to appeals of decisions regarding Certificates of Appropriateness for the construction, alteration, repair, relocation or demolition of structures within a Historic and Cultural District Ordinance to amend the Comprehensive Plan by adopting the Rosemont Strategic Growth Area Master Plan, August 2011, and revise the Policy Document. 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 httn://www Eov conloc For vb information call 3854621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303. BEACON Aug 28 & Sept 4, 2011 22613273 N N N U) UI V) N L01) N N N O ❑ N U. 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N Wr �, ❑ G0 ❑ oNN; cn rr G N n N G G p U cC]n N N O p N N C C II CIO#G❑ O G G �� in Cn N N p O❑ 0❑ G N tl J Q � � N N U, in '� G G ❑❑ V N ❑ N ❑❑ N N V a r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANNETTE C. BEAUDRY,EXE., / ANNETTE C. BEAUDRY & JOHNNIE M. HICKS, Subdivision Variance, 2508 Beaufort Avenue (GPIN 1570510918). BAYSIDE DISTRICT MEETING DATE: September 13, 2011 ■ Background: It is the intent of the applicant to legalize the subdivision and create 1 parcel an construct a duplex with 2 units. Existing Lot: The existing R -5R property is composed on 2 sites that were created by deed in 1968. The survey depicts 2 areas: a 25 foot feet and 43 foot ide by 125 feet long strip for ingress/egress totaling 3,750 square by 98 foot rectangle totaling 7,840 are roposed to create 1 lot with square feet. Combined, these areas single fmily dwelling and the 2 deeded1pa59els have 0 square feet. The property contains 1 remained under the same ownership since 1968. The wren illegal because it was recorded by deed without plat, equ by the Subdivision Ordinance, Section 2.1. Proposed Lot: In the R -5R district, s the le family dwelling is 5,OOOduplex square feet0. The square feet and the minimum lot size for9for a single minimum required street frontage for a dupl 590 square feet of lot area but 75 feet and 50 otnly 25 feet of family dwelling. The lot is proposed with , frontage, therefore, a subdivision variance to "lot width" is required in order to legally create this parcel. In addition, the proposed c ture will not me as close athe required s 12 feet from threare and setback of 20 feet and the survey depicts encroachment rear property line. item 75 25* Lot Width in feet 10,000 11,590 Lot Area in uare feet *Variance required ■ Considerations: A subdivision variance to "lot width" is required i cteder to legally create this parcel regardless of the building type Single family dwellings across the street (the west square sidf t to Beaufort ttle moon han 12,000zoned parcels, are on lots that range in size from square feet. The east side of Beaufort Avenue, where the property under consideration is located, is zoned R -5R which permits both single family and duplex units as a matter Annette C. Beaudry, Exe./Johnnie M. Hicks Page 2 of 2 of right; however, the predominate character of Beaufort Avenue in the immediate vicinity is that of single family dwellings. As a single family dwelling has been on this site since the 1960s, Staff recommends approval of the Subdivision Variance to eft lent and (legally created lot ize the existence of the lot. clans Staff's opinion that the debate is whether this accommodate a duplex that is commensurate with the character of the neighborhood. Most of the existing lots along the eastern single familBdwell dweeaufort llings. enueIn the event that, while these for single family or duplex units exist with g the majority of these lots are more than parcels are redeveloped with duplex units, sufficiently sized and sited in such a way that any future duplex wilicall over 12,000 along the street. orient more lot area, rally These adequate than square feet in sizee,, a have at least the minimum lot width of 75 pi Staff's concern is an that due to the deficiency of the lot, encroachment into the setback and the orientation o the duplex, the proposed structure will appear crammed on to the site. The construction of the proposed duplex will likely require encroachment foot Parking could berear yard back and the lot is deficient in lot width even fora single family dwelling. l times problematic as well as the driveway must remaIn free of f the dwellings ngs and w th n the arked vecles at ldrivew yue to safety considerations. Parked cars in front o will make maneuvering on the site difficult. Staff recommends approval of this request with the conditions below that limit the parcel to 1 single family dwelling. There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-0, recommends the City Council with the following conditions: approval of this request to 1. The proposed Lot A is limited to the development of only 1 single-family dwelling. ise 2. Ingress/egress paved width shalnben order to no less than acco0mmodate fire appa�atusn the authorized by the Fire Departme , event of an emergency. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department Of City Manage . S F, . � SAYSIDE Annette C. Beaudry, Exe 9} - SMrr PM.Or«YY August 10, 2011 19 Public Hearing APPLICANT: ANNETTE C. BEAUDRY, EXE. PROPERTY OWNER: ANNETTE C. BEAUDRY, EXE./JOHNNIE M. HICKS STAFF PLANNER: Carolyn A. K. Smith REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all created lots meet all the requirements of the City Zoning Ordinance ADDRESS / DESCRIPTION: Property located to the east of 2512 Beaufort Avenue, addressed as 2508 Beaufort Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Bayside 11,590 square feet Less than 65 dB DNL 15705109180000 SUMMARY OF REQUEST It is the intent of the applicant to legalize the subdivision and create 1 parcel and construct a duplex with 2 units. 68. The Existing Lot: The existing R -5R property 125 feet �ong strip fore egress/egress totaling 3,750 squs that were created by deed in are feet co survey depicts 2 areas: a to foot wide by and 43 foot by 98 foot rectangle totaling 7,840 squarecontains los single a mbined,t y dwelling and phe 2 deeded create 1 lot with 11,590 square feet. The property 8. The subdivision is consi parcels have remained under the same ownership ince 196 uired by the Subdivision Ordinance Section 2.1. because it was recorded by deed w plat, Proposed Lot: In the R -5R district, the minimum lot size for a duplex is 10,000 square feet and the minimum lot size for a single family dwelling feet o a sinOgle family dwelling. The of s proposed with 11,590 frontage0 square feet. The minimum requ ired street for a duplex in R -5R is 75 feet and 5 square feet of lot area but only to fet arcelfron In addition, the proposed stage, therefore, a ot ucture will notlmeetdthe required required in order to legally create thisp ANNETTE C. BEAUDRY, EXE. / JOHNNIE EI M HICtemKS Agenda9 Page 1 rear yard setback of 20 feet and the survey depicts encroachment as close as 12 feet from the rear property line. Item 75 25* Lot Width in feet 10,000 11,590 Lot Area in square feet *Variance required LAND USE AND PLAN INFORMATION EXISTING LAND USE: single family dwelling SURROUNDING LAND North: . Single family dwellings, duplex / R -5R Residential District USE AND ZONING: South: . Single family dwellings / R -5R Residential District East: . Multi -family dwellings / A-18 Apartment District West: • Beaufort Avenue Single family dwellings / R -5R Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear to be any significant environmental or cultural features on the site. CULTURAL FEATURES: COMPREHENSIVE PLAN: The Comprehensive Plan designates this this aarea of the The oCity verSdbu objective ofban rea contains policies to guide and protect the future physical these policies is to protect the predominantly suburban character that is defined, in large measure, by the the Suburban Area: stable neighborhoods of our community. subdivisions; v siolns;/la large tracts of laing are end tdevot d to single-family dwelling units predominantly low-density residenics of tia centers, office complexes, and others consisting of attached or multi -family units; low -intensity retail shopping employment centers and industrial parks scattered throughout and, land uses thatous ized tract of parklandepend heavily on d or a of the automobile; transportation systems design for the au recognizes the primacy of preserving and space sometimes with a trail system. The Comprehensive Plan onomic value and aesthetic quality of the stable neighborhoods in the protecting the overall character, ec Suburban Area (pp. 3-1, 2). IMPACT ON CITY SERVICES nd it is not depicted on the MTP. No roadway improvements are MASTER TRANSPORTATION PLAN Mee a CAPITAL IMPROVEMENT PROGRAM CIP : Beaufort Avenue is a 2 -lane undivided collector st slated within the CIP for this portion of the roadway. ANNETTE C. BEAUDRY, EXE. / JOHNNIE M. Item ICK9 Ag endaPage 2 TRAFFIC: Present Present Capacity Generated Traffic Street Name Volume Beaufort Avenue 200 ADT 6,200 ADT (Level of Existing Land Use ADT Service "C") - 11,100 ADT' (Level of Service Proposed Land Use'- 19 Average Daily Trips s as defined bye astsingle defined by add tional dwelling water; ty sewer. WATER & SEWER: This site must connect to itn 8 ech City g avity sanitary sewer main to it along There is an existing 6 inch City water ma in Avenue. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: Strict application of the ordinance would produce undue hardship. The authorization of the variance wil not willnotnot be adversely detriment to adjacent property, and the character of the neighborhood ature as to make The problem involved is not of eeral or recurring ions be adopted as an amendment of the practicable the formulation of general regordinance.sical character of the property, including dimensions The hardship is created by the phy and topography, or by other extraordinary situation or condition of such property, or by or self - the use or development of Pe ponsidered aerty iately s grounds for thejacent eisstuanceo. rof aavariance. so inflicted hardship shall not b The hardship is created by Ihe es authorized whenents of the ver such variance an which to property is located at the time the variancereference in this ordinance. provisions of the Zoning Ordinance incorporated by A. B. C. D. 9 EVALUATION AND RECOMMENDATION The lot is part of an illegal subdivision created by deed in 1968. Th ubdbasion Ordinance, Sectiivision is considered on 2.11• it s the intent of the applicant he deed without a plat, as required by the S a duplex with 2 units. the to legalize the subdivision and create 0 sarc uare feet andel and tthetminimum of size for a Isingle family dwelling minimum lot size for a duplex is 10,00 q for a lex in R -5R is 75 feet and 50 feet for is 5,000 square feet. The minimum required street fr590 gquaare feet of lot area but only 25 feet of a single family dwelling. The lot is proposed with 11, frontage, therefore, a subdivision variance to "{ou width" is required in order to legally create this parcel regardless of the building type ultimately cons ANNETTE C. BEAUDRY, EXE. / JOHNNIE MI Item Agenda Page 3 Single family dwellings across the street (the west side of Beaufort Ave), on R-7.5 zoned parcels, are on lots that range in size from 9,000 square feet to a little more than 12,000 square feet. The east side of Beaufort Avenue, where the property under consideration is located, is zoned R -5R which permits both single family and duplex units as a matter of right; however, the predominate character of Beaufort Avenue in the immediate vicinity is that of single family dwellings. As a single family dwelling has been on this site since the 1960s, Staff recommends approval of the er Subdivision Variance leg eat accommodate aize the estence of the lot. lt is duplex hat staff s lnion that the commensurate thate 'the character this deficient and illegally created lot cn of the neighborhood. As this portion of the City is known for its eclectic and appealing mix of uses an building styles, what makes that work is the Comprehensive Plananced relationship of scale and mass recommends that we guard against poss ble threats to een the old d the new construction. The Comp the stability of existing neighborhoods by preserving neighborhood quality and that all new development or redevelopment be compatible with surrounding uses, provide quality and attractiveness of site and buildings, improve mobility, {ndso on. The e Plan p to the nines the impng ortance of respecting the relationship to building type, size, intensity, a While the eastern half of Beaufort Avenue does allow the construction of a duplex as a matter o mass on this flag shaped lot, as directed by the Comprehensive Plan, the issue is what is the appropriate and scale for a new structure on this site? The size and configuration of a lot and the orientation of the structure are important elements related to appropriate scale and mass, particularly for infill and redevelopment sites. Most of the existing lots along the eastern side of Beaufort Avenue, while zoned for single family or duplex units exist with single family dwellings. In the event that these parcels are redeveloped with duplex units, the majority of these lots are more than sufficiently sized and sited in such a way that any future duplex will orient more naturally along the street. These lots have more than adequate lot area, typically over 12,000 square feet in size, and have at least the minimum lot width of 75 feet. Staffs concern is that due to the deficiency of the lot, encroachment into the setback and the orientation of the duplex, the proposed structure will appear crammed on to the site. The construction of the proposed duplex will likely require encroachment into the 20 foot rear yard setback and the lot is deficient in lot width even for a single family dwelling. The architectural style of the proposed duplex is unknown as a specific elevation has not been submitted with this request but information previously provided depicted a structure within 12 feet of the rear property line. Parking could be problematic as well as the driveway must remain free of parked vehicles at all times due to safety considerations. Parked cars in front of the dwellingsandwithin will Ihbe a duplex e driveway Vthaill tlappearsake neuvering on the site difficult. to be squeezed on to he site.Simply put, it is Staff's opinion that the Staff recommends approval of this request with the conditions below that limit the parcel to 1 single family dwelling. CONDITIONS 1. The proposed Lot A is limited to the development of only 1 single-family dwelling. 2. Ingress/egress paved width apparatusinnet wide, the event unless of an eherwise mergency. authorized by the Fire Department, in order to accommodate fire ANNETTE C. BEAUDRY, EXE. / JOHNNNIEMAgenda I eImK9 Page 4 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. ANNETTE C. BEAUDRY, EXE. / JOHNNIE M. HICKS Agenda Item 19 Page 5 0940 A* THIS IS TO CERTN#THAT I. ON 'r)A�P«1 Of THE THE FROF[RTY SHOWN ON THIS FLAT. AHD TN AT TH[ TIT LINES AND THE WALLS O: THE SUILDI NGS ARZ SHOWN ON THIS FLAT. THE SUILDANGS STAND %T WITHIN WITHIN THE TITLE LINES AN THERE ARE NO fU1LDINGf ON THE FROF[R7Y. EXCEPT AS SHOWN ENCROACHMENTS O� OTHlR SIGNED rEjl�ja rS V 2i 02 -1 . - dit 3 r �tAtdF'QRT A�/C.- f Ce4MC R�.Y TRO.i1iOR}� l�vi. o� 424,pT O� /, 4ork-,- 27 vLA7 a,-- ryE veooc.P�s� o.�- f fJNN.�✓.4l/EiV �D•P.DD.PA7-/,?A ,plcoQOEO �N M. B. 4 P7 P P P3.5s'1SL <'�E4t'.�' y�ice- o.r�.v! /N/f7 ✓.e .C3: +:s „JUHr4w M.a►H. FRANCES H�cK5 W. WILFRED P. LARGE Certified Land Surveyor Norfolk, Virginia r'g �4, '�� •- �^ EXISTING SITE LAYOUT CS 19 ;7 BAYS I DE Annette C. Beaudry, Exe Map E_2 IVM Scale Wo to SD SD 'D 5 SD SG S SD ... SD SD ', .� :1 _ -_ .. _ SD SD SD SD SD 5 op ST+ Sp SD SD SD h D S SDSD SD S SD S D 5 S = R$R D SD SD S D SD D 15 . 5 SU 5D SD SG S ,,,aa D S C C=SD-_$ D D _ - G _ _�,S'D Pleasure SC SY7 Sp SD SD SU �C SD D SG S D D SL D S 5 U SG- S D SD S _ SD SD SD SG SD _ SD D SD S House G � � _ '3p SG SD SD C SD i C SC G C 5.D 5 S SD SD D i' 5 SD D D D S SD SD S S -D + _ .L �L Lake SID SD SG Sp SD s SD SD SCS SD SD SD SD SD SG }. t. D� SD 5- V 'ham SD SD SC SD SD L CC SD SDyJ SD SD SD D _ SD .D U SC SC 56 SD SD SD SC SD C (II D 'D SD SG SD U _D cp�g_ :r -, SD SD SD SD SD SD S1 4 D SD SD SU - _ y SD SD - SD SD SD SD SC S, SC _ F - cG 5G SD U _ -! 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G � SD SD � SD ^C_ ,, Subdivision Variance zoning will) Conditions: Proffers. Open Space Promotion or PDH -2 Overlays SD = Shore Drive Overlay ZONING HISTORY # DATE REQUEST ACTION 1 08/25/98 Change of Zoning (B-1 & R -5R to R-2.5 with a PD -H Granted nvarlavl ANNETTE C. BEAUDRY, EXE. / JOHNNIE M. HICKS Agenda Item 19 Page DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 11. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) l i iH 2 List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) htil � f� 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. bellow, (Attach list if necessary) n 2 List all businesses that have a parent -subsidiary' or affiliated business entity2 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 z 0 V a w Comm) O 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? Subdivision Variance Application Page 9of10 DISCLOSURE STATEMENT ANNETTE C. BEAUDRY, EXE. / JOHNNIEMAgenda I eImK9 Page 9 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) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities, there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. 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. Appl, A�ignture� ntPrint Name Property Owner's Signature (if different than applicant) Print Name Subdivision Varianca A—I—fi— DISCLOSURE STATEMENT ANNETTE C. BEAUDRY, EXE. / JOHNNIE M. I HICKS KS Agenda Page 1 C Item # 19 Annette C. Beaudry, Exe. Subdivision Variance 2508 Beaufort Avenue District 4 Bayside August 10, 2011 REGULAR An application for Annette C. Beaudry, Exe for a Subdivision Variance on property located at 2508 Beaufort Avenue, District 4, Bayside. GPIN: 15705109180000. CON 1. The proposed Lot A is limited to the development of only 1 single-family dwelling. 2. Ingress/egress paved width shall be no less than 20 feet wide, unless otherwise authorized by the Fire Department, in order to accommodate fire apparatus in the event of an emergency. 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. AYE 10 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RI PLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, the Board approved item 19. Annette Beaudry appeared before the Board. ABS 0 ABSENT 1 ABSENT S NU 4 y� CU v s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHECKERED FLAG STORE # 2, LLC/EVERGREEN VIRGINIA, LLC, Conditional Use Permit, car wash, 5225 Virginia Beach Boulevard (GPIN 1467664306; 1467669472). KEMPSVILLE DISTRICT MEETING DATE: September 13, 2011 ■ Background: The proposal is to construct a 2 bay automated car wash for sole use by the applicant during normal operating hours. The car wash will not be open to the general public. The car wash facility is proposed as a pre-engineered metal building with dimensions of 48 feet by 50 feet. The exterior color scheme will match that of the existing building (earth tone). The original Conditional Use Permit for the existing auto sales and repair facility was granted in 1988. Since that time, several expansions have promoted additional use permit requests as well as requests for change of zoning for the annexed parcels. ■ Considerations: This site is home to a large auto sales and service business that has been in operation since the 1980s. Over time, the operation has expanded and additional properties have been incorporated into the existing facility. In 2006 a Master Plan was approved with a request to modify the approved conditions. Unfortunately, the car wash was not included on the master plan. The applicant now requests a Conditional Use Permit for the addition of a car wash to the operation. Staff finds the proposed use consistent with the land use objectives of the Comprehensive Plan. The proposed car wash will be internal to the vehicle sales and service campus and will not be visible from Virginia Beach Boulevard or Clearfield Avenue and is surrounded by other B-2 commercial uses; therefore, it is not anticipated to have any impact on surrounding properties. There was no opposition to the request ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: All 8 conditions of the Conditional Use Permit granted by the City Council on October 24, 2006 shall remain in effect with the addition of Condition 9: 1. A landscape plan shall be prepared by a landscape professional and submitted for Development Services Center review. Checkered Flag Store # 2, LLC/Evergreen Virginia, LLC Page 2of2 2. Existing "nonconforming" free-standing signs shall be removed. Signs shall meet the sign regulations outlined in the City Zoning Ordinance. 3. Evergreen shrubs planted a minimum of four (4) feet on center and a minimum height of three (3) to four (4) feet at the time of installation shall be installed along the southern property line, where the site abuts the adjacent office development site. 4. All garage doors shall remain closed other than for the maneuvering of vehicles in and out of service bays. 5. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and city streets. A photometric plan shall be submitted for Development Services Center review. 6. The entire parking lot must be striped in accordance with City Code requirements and the Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 7. No loudspeakers or outdoor speaker system shall be permitted on site. 8. No vehicles for sale or rent shall be parked within any portion of the public rights-of- way. 9. The automated car wash shall adhere to the following: a. building height shall be limited to 35 feet, b. the exterior building colors shall be neural and match those of the existing front facade of the sales, service and rental building, c. no use by the general public of the car wash shall be permitted, d. use shall be limited to normal operating hours, and e. no exterior building signage for advertising purposes shall be permitted on the exterior of the car wash building. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department�� City Manag �L, r1Ct KEMPSVILLE ,IarD6 ; ELECTION DISTRICT: SITE SIZE: Checkered Fla- Store #2, LLC 62 KEMPSVILLE 10.84 acres Al2 t B2 aT B T562 eh at J p 82* Y X82 ' B2 i a • ze.mv.*n C- Pgllr.. 0'_ SPw. Promaien erPd1 S 0-A" CUP for Car Wash REQUEST: Conditional Use Permit (car wash) ADDRESS / DESCRIPTION: 5225 Virginia Beach Boulevard 9 August 10, 2011 Public Hearing APPLICANT: CHECKERED FLAG STORE #2, LLC PROPERTY OWNER: EVERGREEN VIRGINIA, LLC STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1467663060000 KEMPSVILLE 10.84 acres Less than 65 dB DNL SUMMARY OF REQUEST It is the intent of the applicant to construct a 2 bay automated car wash for sole use by the applicant during normal operating hours. The car wash will not be open to the general public. Reclaim tanks will capture the water and treat it for reuse. The building is proposed as a pre-engineered metal building with dimensions of 48 feet by 50 feet. The original Conditional Use Permit for the existing auto sales and repair facility was granted in 1988. Since that time, several expansions have promoted additional use permit requests as well as requests for change of zoning for the annexed parcels. LAND USE AND PLAN INFORMATION EXISTING LAND USE: auto sales, service and rental facility SURROUNDING LAND North: . Virginia Beach Boulevard USE AND ZONING: . Mixed retail / B-2 Community Business District CHECKERED FLAG STORE #2, LLC Agenda Item 9 Page 1 South: . Office / B-2 Community Business District East: . Mixed retail, office / B-2 Community Business District West: . Clearfield Avenue • Single family dwellings / R-7.5 Residential District NATURAL RESOURCE AND The property is within the Chesapeake Bay watershed. As the site is CULTURAL FEATURES: almost entirely impervious, there are no significant environmental or cultural features on the property. COMPREHENSIVE PLAN: This site is designated as an Urban Area and within the Pembroke Strategic Growth Area 4 Implementation Plan (Pembroke SGA 4 Plan), Western Campus District. This western most district is generally bound by 1-264, Clearfield Avenue, Virginia Beach Boulevard and Witchduck Road. The Pembroke SGA 4 Plan recommends that the Western Campus District evolve into a mid to low rise academic village and service based center that builds upon the presence of the existing educational and service infrastructure. Future land uses should lay the groundwork for a well-established academic village that fosters creative education related activities linked to businesses, such as school -to -job training and continuing education for the City's workforce. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in the vicinity of this application is considered an 8 -lane divided major urban arterial. The MTP proposes an 8 -lane facility within a 155 foot right-of-way. Clearfield Avenue in the vicinity of this application is considered a 2 -lane undivided collector/local street. It is not included in the MTP. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 39,606 ADT 34,940 ADT (Level of Boulevard Service "C") - 64,260 Proposed Land Use z- 0 ADT' (Level of Service ADT „E„ Average Daily Trips 2 no change anticipated by addition of internal car wash not open to the ubic WATER $ SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION This site is home to a large auto sales and service business that has been in operation since the 1980s. Over time, the operation has expanded and additional properties have been incorporated into the existing CHECKERED FLAG STORE #2, LLC Agenda Item 9 Page 2 facility. Most recently, motor vehicle rental was approved in 2004 and in 2006 a Master Plan was approved with a request to modify the approved conditions. Unfortunately, the car wash was not included on the master plan. The applicant now requests a Conditional Use Permit for the addition of a car wash to the operation. It is the intent of the applicant to construct a 2 -bay automated car wash for sole use by the applicant during normal operating hours. The car wash will not be open to the general public and; therefore, will not generate any additional daily traffic to this site. Reclaim tanks will capture the water and treat it for reuse. The building is proposed as a pre-engineered metal building with dimensions of 48 feet by 50 feet with no exterior signage. The application states that the exterior color scheme will match that of the existing building (earth tone). Staff finds the proposed use consistent with the land use objectives of the Comprehensive Plan for the Urban Area - Pembroke SGA 4. The proposed car wash facility will be internal to the vehicle sales and service campus and will not be visible from Virginia Beach Boulevard or Clearfield Avenue and is surrounded by other B-2 commercial uses; therefore, it is not anticipated to have any impact on surrounding properties. Staff recommends approval subject to the conditions below. CONDITIONS All 8 conditions of the Conditional Use Permit granted by the City Council on October 24, 2006 shall remain in effect with the addition of Condition 9: 1. A landscape plan shall be prepared by a landscape professional and submitted for Development Services Center review. 2. Existing "nonconforming" free-standing signs shall be removed. Signs shall meet the sign regulations outlined in the City Zoning Ordinance. 3. Evergreen shrubs planted a minimum of four (4) feet on center and a minimum height of three (3) to four (4) feet at the time of installation shall be installed along the southern property line, where the site abuts the adjacent office development site. 4. All garage doors shall remain closed other than for the maneuvering of vehicles in and out of service bays. 5. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and city streets. A photometric plan shall be submitted for Development Services Center review. 6. The entire parking lot must be striped in accordance with City Code requirements and the Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 7. No load speakers or outdoor speaker system shall be permitted on site. 8. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way.. 9. The automated car wash shall adhere to the following: CHECKERED FLAG STORE #2, LLC Agenda Item 9 Page 3 a. building height shall be limited to 35 feet, b. the exterior building colors shall be neural and match those of the existing front facade of the sales, service and rental building, c. no use by the general public of the car wash shall be permitted, d. use shall be limited to normal operating hours, and e. no exterior building signage for advertising purposes shall be permitted on the exterior of the car wash building. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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 STORE #2, LLC Agenda Item 9 Page 4 , W-77", Bea c h BIV y syr - ^•• r:�. .. ... - a,' • . .. a S - fia BY " ♦ n r - INN j, r - svwdw�gas�0' AN Pi ® o o q iII q o q O i Wrl � l 1 _ wow PROPOSED AUTOMATIC CAR WASH LOCATION FOR CHECKERED FLAG TOYOTA VIRGINIA BEACH, VIRGINIA SCALE - N.T.S. MARCH 17. 2011 El PROPOSED SITE LAYOUT CHECKERED FLAG STORE #2, LLC Agenda Item 9 Page 6 KEMPSVILLE nl�> > D-6 Allan I to 5 'C / U r 'Zoning with Conditions,Proffers. Open Space Promotion or PDH -2 Overlays �-. ■ 1-1 , t l �% T T / l_,neMe1'e0 r iau Spurr 429 rA L Al2 ,- ZONING HISTORY �, ur > yr tl dr vv d' # DATE REQUEST ACTION 1 10/24/06 MOD of CUP Granted 04/25/06 MOD of CUP Granted REZ (R-7.5 to Conditional B-2) 03/08/05 MOD of CUP Granted REZ (R-7.5 to Conditional B-2) 04/10/02 CUP (motor vehicle sales) Granted 10/23/01 CUP (motor vehicle sales & service) Granted REZ (R-7.5 to Conditional B-2) 10/10/94 CUP (motor vehicle sales & service) Granted REZ (R-7.5 to Conditional B-2) 05/25/93 CUP (parking lot & storage) Granted 05/23/88 CUP motor vehicle sales & service Granted 2 01/11/05 REZ R-7.5 to Conditional B-2 Granted 3 10/29/02 CUP school Granted 4 06/09/98 CUP communications tower Granted F57 02/24/98 CUP motor vehicle rentals Granted 6 1 03/14/95 CUP church & school additions Granted CHECKERED FLAG STORE #2, LLC Agenda Item 9 Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Enterprise Leasing Co of Norfolk/Richmond LLC. Brian Duffy is our General Manager/ Vice President. 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) 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) Montgolfier LLC David R. Greer & Barbara I Greer Owners 2. List all businesses that have a parent -subsidiary' or affiliated business entity, 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. P & See next page for footnotes I I Does an official or enloyee of City of Virginia Beach have an interest in the subject land . Yes No If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9o1`10 Revised 7/312007 DISCLOSURE STATEMENT CHECKERED FLAG STORE #2, LLC Agenda Item 9 Page 8 1= A O V 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) None n "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. Y "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the Information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Signature Print Name Mont olfi David R. Greer Property Owners ig tire (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7132007 DISCLOSURE STATEMENT CHECKERED FLAG STORE #2, LLC Agenda Item 9 Page 9 Item # 9 Checkered Flag Store # 2, LLC Conditional Use Permit 5225 Virginia Beach Boulevard District 2 Kempsville August 10, 2011 CONSENT An application of Checkered Flag Store # 2, LLC for a Conditional Use Permit for a car wash on property located at 5225 Virginia Beach Boulevard, District 2, Kempsville. GPIN: 14676643060000; 14676694720000. CONDITIONS All 8 conditions of the Conditional Use Permit granted by the City Council on October 24, 2006 shall remain in effect with the addition of Condition 9: 1. A landscape plan shall be prepared by a landscape professional and submitted for Development Services Center review. 2. Existing "nonconforming" free-standing signs shall be removed. Signs shall meet the sign regulations outlined in the City Zoning Ordinance. 3. Evergreen shrubs planted a minimum of four (4) feet on center and a minimum height of three (3) to four (4) feet at the time of installation shall be installed along the southern property line, where the site abuts the adjacent office development site. 4. All garage doors shall remain closed other than for the maneuvering of vehicles in and out of service bays. S. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and city streets. A photometric plan shall be submitted for Development Services Center review. 6. The entire parking lot must be striped in accordance with City Code requirements and the Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 7. No load speakers or outdoor speaker system shall be permitted on site. 8. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way 9 The automated car wash shall adhere to the following: a. building height shall be limited to 35 feet, item # 9 Checkered Flag Store # 2, LLC Page 2 b. the exterior building colors shall be neural and match those of the existing front facade of the sales, service and rental building, c. no use by the general public of the car wash shall be permitted, d. use shall be limited to normal operating hours, and e. no exterior building signage for advertising purposes shall be permitted on the exterior of the car wash building. NOTE: Conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. By a vote of 10-0, the Board approved item 9 for consent. There was no opposition. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RI PLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, the Board approved item 9 for consent. There was no opposition. L ON Z PE po 0 r J NU �� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OUTLET MALL PROPERTIES, L.C., Conditional Use Permit, business and vocational school, 116 S. Independence Boulevard (GPIN 1477437489). LYNNHAVEN DISTRICT MEETING DATE: September 13, 2011 ■ Background: The applicant requests a Conditional Use Permit to allow a private vocational school (cosmetology school) in a unit of an approximately 36,000 SF retail center. Part of the cosmetology school's curriculum is the operation of approximately 2,500 SF for a beauty salon with seating for up 20 patrons within the unit. The maximum enrollment would be no more than 100 students during the day sessions and 50 students for the evening sessions. It is anticipated that there would be approximately eight full-time staff but the final number of employees would be determined with the number of students enrolled. The hours of operation for the school and salon would be Monday through Thursday from 8:30 a.m. until 9:30 p.m., Fridays from 8:30 a.m. until 5:30 p.m. and 8:00 a.m. until 1:00 p.m. on Saturdays. The existing retail center is undergoing renovations to the building and parking areas. The new parking layout is designed with 155 parking spaces. In front of the retail center are 109 parking spaces and 46 spaces are located in the rear of the building. Staff will have designated parking in the rear of the building. The applicant's representative indicated that some students may arrive by alternative means of transportation since an HRT bus stop is located nearby on Independence Boulevard. ■ Considerations: This proposal is consistent with the recommendations in the Comprehensive Plan for the area. This vocational school will train students to become licensed cosmetologists. Bringing this operation to this retail center will provide benefits not only for the existing merchants within the shopping center but also the surrounding community. Traffic generated for the entire shopping center is anticipated to decrease slightly due to the proposed use and thus no negative impacts to the surrounding roadway network are expected. The City of Virginia Beach Zoning Ordinance requires one parking space per 250 square feet for retail. Based on a retail use, the 8220 square feet of lease space would require 33 spaces but the tenant is a vocational school. Parking for a vocational school is calculated at one space per two seats or as per the Outlet Mall Properties, L.C. Page 2of2 Conditional Use Permit. If parking were calculated for the vocational school, there would be a need for 31 additional parking spaces. It is staff's opinion that this use will not pose any negative impact for surrounding uses in the commercial center or surrounding properties. The 155 parking spaces designed on this site are 9 spaces over the required 144 spaces for a 36,000 SF retail center. With the extra spaces and the number of patrons visiting the retail center, this request is acceptable Staff recommends approval of this request with the conditions listed. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 2. The applicant shall obtain a Virginia Beach Department of Public Health permit prior to opening of the beauty school and salon. 3. Exterior building signage shall comply with the requirements of the Zoning Ordinance. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmento I City Manager. S V )8wol LYNNHAVEN REQUEST: Conditional Use Permit (Vocational School) ADDRESS / DESCRIPTION: 116 S. Independence Blvd. 4 August 10, 2011 Public Hearing APPLICANT/ PROPERTY OWNER: OUTLET MALL PROPERTIES, L.C. STAFF PLANNER: Karen Prochillo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14774374890000 LYNNHAVEN 4.35 acres Less than 65 dB DNL LEASE SPACE: 8,220 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a private vocational school (cosmetology school) in a unit of an approximately 36,000 SF retail center. Part of the cosmetology school's curriculum is the operation of approximately 2,500 SF for a beauty salon with seating for up 20 patrons within the unit. The maximum enrollment would be no more than 100 students during the day sessions and 50 students for the evening sessions. It is anticipated that there would be approximately eight full-time staff but the final number of employees would be determined with the number of students enrolled. The hours of operation for the school and salon would be Monday through Thursday from 8:30 a.m. until 9:30 p.m., Fridays from 8:30 a.m. until 5:30 p.m. and 8:00 a.m. until 1:00 p.m. on Saturdays. The existing retail center is undergoing renovations to the building and parking areas. The new parking layout is designed with 155 parking spaces. In front of the retail center are 109 parking spaces and 46 spaces are located in the rear of the building. Staff will have designated parking in the rear of the building. The applicant's representative indicated that some students may arrive by alternative means of transportation since an HRT bus stop is located nearby on Independence Boulevard. OUTLET MALL PROPERTIES, L.C. Agenda Item 4 Page 1 vuttet Mau rrolicrtics, L. -- pf.�u l('i 4 Y Bi] B3 e34 1 84 - '622 ' sa 82 Zwim} �W Cwdiri.s9m}kn. O,wx SP.re PromaXon a. PON}pirYy> CUP /or Yocadonal School REQUEST: Conditional Use Permit (Vocational School) ADDRESS / DESCRIPTION: 116 S. Independence Blvd. 4 August 10, 2011 Public Hearing APPLICANT/ PROPERTY OWNER: OUTLET MALL PROPERTIES, L.C. STAFF PLANNER: Karen Prochillo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14774374890000 LYNNHAVEN 4.35 acres Less than 65 dB DNL LEASE SPACE: 8,220 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a private vocational school (cosmetology school) in a unit of an approximately 36,000 SF retail center. Part of the cosmetology school's curriculum is the operation of approximately 2,500 SF for a beauty salon with seating for up 20 patrons within the unit. The maximum enrollment would be no more than 100 students during the day sessions and 50 students for the evening sessions. It is anticipated that there would be approximately eight full-time staff but the final number of employees would be determined with the number of students enrolled. The hours of operation for the school and salon would be Monday through Thursday from 8:30 a.m. until 9:30 p.m., Fridays from 8:30 a.m. until 5:30 p.m. and 8:00 a.m. until 1:00 p.m. on Saturdays. The existing retail center is undergoing renovations to the building and parking areas. The new parking layout is designed with 155 parking spaces. In front of the retail center are 109 parking spaces and 46 spaces are located in the rear of the building. Staff will have designated parking in the rear of the building. The applicant's representative indicated that some students may arrive by alternative means of transportation since an HRT bus stop is located nearby on Independence Boulevard. OUTLET MALL PROPERTIES, L.C. Agenda Item 4 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Retail shopping center and associated parking SURROUNDING LAND North: . Retail shops / B-2 Community Business District USE AND ZONING: South: . Wachovia Bank / B-2 Community Business District East: . Wachovia Bank / B-2 Community Business District West: . Single-family homes/ R-10 Residential District NATURAL RESOURCE AND There are no natural resources or cultural features on this site as it is CULTURAL FEATURES: almost entirely impervious and developed as a shopping center. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Urban Area — Pembroke Strategic Growth Area/Central Business District/Bonney Area (SGA 4). The Pembroke Strategic Growth Area 4 Implementation Plan, a component of the Comprehensive Plan, is also in effect for this area. This area is presently characterized by mid-size and extended -stay hotels, restaurants, vacant and occupied big box retail buildings, retail shopping centers, office buildings, and the new City View residential development. Pembroke SGA 4 is positioned to benefit from the future investment of mass transit systems such as the Light Rail Transit (LRT) from Norfolk, projected to pass through Town Center on to the Oceanfront. The Comprehensive Plan states this district's area allows for higher, denser development in its center along Bonney Road, transitioning to smaller scale buildings at the edges adjacent to Thalia Creek and Columbus Station (p. 2-18.) A key component of the Pembroke SGA Plan is strategically located Transit Oriented Development (TOD) Stations within the district, to accommodate future light rail transit or other public transit options currently under study. Four such stations are planned in this SGA, including one in the vicinity of the intersection of Independence at the rail crossing, referred to as the "Independence TOD Center station." Tho: City of Virginia Beach Development Authority recently purchased adjacent property for this purpose. In this regard, the plan states "Areas immediately south of the Independence TOD Center station will benefit from its central location and access to an improved road network." (Pembroke SGA 4 Implementation Plan, p. 26) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): S Independence Boulevard in the vicinity of this application is considered an eight -lane divided major urban arterial. The Master Transportation Plan proposes an eight -lane divided facility within a 155 foot right-of-way. Currently, this segment of roadway is functioning over capacity at a LOS F. A roadway Capital Improvement Program project is slated for this area. The Pembroke Area Transportation Improvements (CIP 2-109) will develop short-term, mid-term, and long-term alternatives for transportation needs in the Central Business District surrounding the Town Center. The project will be phased based on funding. OUTLET MALL PROPERTIES, L.C. Agenda Item 4 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic S. Independence 71,997 ADT 34,940 ADT 1 (Level of Existing Land Use 2— Boulevard Service "C") 377 ADT 56,240 ADT' (Level of Proposed Land Use 3— Service "D") - Capacity 280 ADT 64,260 ADT' (Level of Service "E" Average Daily Trips las defined by 8,500 SF retail center 3 as defined by 8,500 SF salon & beauty school The original land use, specialty retail center, already assumes daytime and nighttime operations such as apparel stores, offices, and dance studios. The proposed land use does not extend beyond the capacity of a specialty retail center. WATER: This site is connected to city water. The existing 1" water meter (City ID #95012270) and fire meter (City ID #94016820) can be used or upgraded to accommodate the proposed development. There is an 8 inch city water main in Independence Boulevard. There is an 8 inch city water main along the northern property and encroaches into the property within a Public Utility Easement. SEWER: This site is connected to city sanitary sewer. Sanitary sewer and pump station analysis of Pump Station #500 is required to determine if future flows can be accommodated. There is a 12 inch city gravity sanitary sewer force main in Independence Boulevard. There is an 8 inch city gravity sanitary sewer main along eastern adjacent property which this property uses. FIRE: Applicant to obtain approval from Building Official before occupancy. EMS: No comments. EVALUATION AND RECOMMENDATION This request for a cosmetology school and salon is acceptable. This proposal is consistent with the recommendations in the Comprehensive Plan for the area. This vocational school will train students to become licensed cosmetologists. Bringing this operation to this retail center will provide benefits not only for the existing merchants within the shopping center but also the surrounding community. Traffic generated for the entire shopping center is anticipated to decrease slightly due to the proposed use and thus no negative impacts to the surrounding roadway network are expected. The City of Virginia Beach Zoning Ordinance requires one parking space per 250 square feet for retail. Based on a retail use, the 8220 square feet of lease space would require 33 spaces but the tenant is a vocational school. Parking for a vocational school is calculated at one space per two seats or as per the Conditional Use Permit. If parking were calculated for the vocational school, there would be a need for 31 additional parking spaces. It is staff's opinion that this use will not pose any negative impact for surrounding uses in the commercial center or surrounding properties. The 155 parking spaces designed on this site are 9 spaces over the required 144 spaces for a 36,000 SF retail center. With the extra spaces and the number of patrons visiting the retail center, this request is acceptable OUTLET MALL PROPERTIES, L.C. Agenda Item 4 Page 3 Staff recommends approval of this request with the conditions listed below. CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 2. The applicant shall obtain a Virginia Beach Department of Public Health permit prior to opening of the beauty school and salon. 3. Exterior building signage shall comply with the requirements of the Zoning Ordinance. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. OUTLET MALL PROPERTIES, L.C. Agenda Item 4 Page 4 i� 'r��• !fir ��, a��'�4 " �°� � _�,' a�i' *SF' ` QJ - RETAIL CENTER ELEVATIONS t OUTLET MALL PROPERTIES, L.C. Agenda Item 4 Page 7 cep, r 1� ZONING HISTORY # DATE REQUEST ACTION 1 02/08/2000 Rezoning B-3 to Conditional B -3A Approved 2 05/23/2000 Conditional Use Permit motor vehicle rental Approval 3 07/08/1985 Rezoning B-2 to Conditional B-3 Approved OUTLET MALL PROPERTIES, L.C. Agenda Item 4 Page 8 A i� DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Outlet Mall Properties, L.C., Members• 0 Brooks Pollok r Mi hael E. Barney, George B. Ginsburg and Norman I. Sher 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Brooks Pollock Development,Inc. and Michael E. Barney, Inc. 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) Same as Applicant 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Same as Applicant DCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. T&2 -See next page for footnotes Does an official or eplployee of�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? Conditanal Use Permit Applkation Page 9 of 10 Revved 713/2007 DISCLOSURE STATEMENT OUTLET MALL PROPERTIES, L.C. Agenda Item 4 Page 9 O 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) Divaris Real Estate. Inc. - Leasing Agent; Pisces Construction - Building Renovations; Fxcell Paving - Site Work; Heritage Bank - Financing; Goodma & Company - Accountant; Kaufman & Canole6 - Legal; Site Improvements - Civil Engineer; Lemole Pointon Architects - Architectural "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. a "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents toe y upon the subject property by employees of the Department of Plyil`iing,tc photograph sn the site for purposes of processing and evaluating this application, Michael E. Barney, Manager Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permd Appkaaon Page 10 0110 Revised 7r312007 DISCLOSURE STATEMENT OUTLET MALL PROPERTIES, L.C. Agenda Item 4 Page 10 Item # 4 Outlet Mall Properties, L.C. Conditional Use Permit 116 S. Independence Boulevard District 5 Lynnhaven August 10, 2011 CONSENT An application of Outlet Mall Properties, L.C. for a Conditional Use Permit for a vocational school on property located on 116 S. Independence Boulevard, District 5, Lynnhaven. GPIN: 14774374890000. CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 2. The applicant shall obtain a Virginia Beach Department of Public Health permit prior to opening of the beauty school and salon. 3. Exterior building signage shall comply with the requirements of the Zoning Ordinance. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. AYE 10 NAY 0 BERNAS AYE FE LTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RI PLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABS 0 ABSENT 1 ABSENT Item # 4 Outlet Mall Properties, L.C. Page 2 By a vote of 10-0, the Board approved item 4 for consent. Michael Barney appeared before the Board on behalf of the applicant. There was no opposition. NU rr ( CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — ORDINANCE AMENDMENT- An Ordinance to amend Section 6.1 and 6.3 of the City Code, Appendix B, Subdivision Regulations, and Section 4 of the Site Plan Ordinance, Appendix C, pertaining to the Required Information for Preliminary and Final Subdivision Plats and Site Plans. MEETING DATE: September 13, 2011 ■ Background: The attached amendments are housekeeping measures that modify Appendix B Subdivision Regulations Plats and Data Section 6.1 Preliminary Plats and Section 6.3 Final Plats as well as Appendix C Site Plan Ordinance Section 4 Information Required on Site Development Plan. These housekeeping measures focus on the following: • Deeds and plats have been assigned instrument numbers by the Clerk of Circuit Court upon recordation. Some deeds and plats have deed book and page number as the only reference. Both need to be included as acceptable for use. • Miscellaneous revisions to Appendix B to update the information regarding the Chesapeake Bay Preservation Area. • More accurate and complete language within the regulations. ■ Considerations: Staff recommends approval of the proposed amendment. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 11 August 10, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND SECTIONS 6.1 AND 6.3 OF THE CITY CODE, APPENDIX B AND SECTION 4 OF THE SITE PLAN ORDINANCE, APPENDIX C REQUEST: An Ordinance to amend Sections 6.1 and 6.3 of the City Code, Appendix B, Subdivision Regulations, and Section 4 of the Site Plan Ordinance, Appendix C, pertaining to the required Information for Preliminary and Final Subdivision Plats and Site Plans SUMMARY OF AMENDMENT' The attached amendments are housekeeping measures that modify Appendix B Subdivision Regulations Plats and Data Section 6.1 Preliminary Plats and Section 6.3 Final Plats as well as Appendix C Site Plan Ordinance Section 4 Information Required on Site Development Plan. These housekeeping measures focus on the following: • Deeds and plats have been assigned instrument numbers by the Clerk of Circuit Court upon recordation. Some deeds and plats have deed book and page number as the only reference. Both need to be included as acceptable for use. • Miscellaneous revisions to Appendix B to update the information regarding the Chesapeake Bay Preservation Area. • More accurate and complete language within the regulations. RECOMMENDATION Staff recommends approval of the proposed amendment. CITY OF VIRGINIA BEACH — SUBDIVISION REGULATIONS & SITE PLAN ORDINANCE Agenda Item 11 Page 1 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 AN ORDINANCE TO AMEND SECTION 6.1 AND 6.3 OF THE CITY CODE, APPENDIX B, SUBDIVISION REGULATIONS, AND SECTION 4 OF THE SITE PLAN ORDINANCE, APPENDIX C, PERTAINING TO THE REQUIRED INFORMATION FOR PRELIMINARY AND FINAL SUBDIVISION PLATS AND SITE PLANS Sections Amended: Subdivision Regulations §§ 6.1 and 6.3 Site Plan Ordinance § 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 6.1 and 6.3 of the Subdivision Regulations and Section 4 of the Site Plan Ordinance of the City Code are hereby amended and reordained to read as follows: APPENDIX B SUBDIVISION REGULATIONS PLATS AND DATA Sec. 6.1. Preliminary plats and data --Generally. The preliminary plat shall be at a scale of not less than one inch equals one hundred (100) feet and may be of one or more sheets as necessary. The plat shall include or be accompanied by the following: (a) Name of subdivision (not duplicating the name of an existing subdivision), names and addresses of owner(s) of record, subdivider and person or firm responsible for preparation of preliminary plat, date of drawing, number of sheets, north point and scale. (b) A boundary survey or survey of record, including map book and page reference, deed book and Pape reference or instrument number, locating and identifying adjacent or abutting streets (existing or platted), subdivisions, unsubdivided parcels, easements, water areas, and the like, and all visible monuments. COMMENT This is a housekeeping amendment. For several years deeds and plats have been assigned instrument numbers by the Clerk of the Circuit Court upon recordation, but some still have the 47 deed book and page number as the only reference, so both need to be included as acceptable for 48 use. 49 50 (1) Where Chesapeake Bay Preservation Areas lie within a subdivision, the 51 preliminary plat shall, unless waived by the planning director, delineate the boundaries 52 of all resource protection areas, resource management areas, intensely developed 53 areas and reserve sewage disposal drainfield sites as required by Sestiee Sections 106 54 and 107 of the Chesapeake Bay Preservation Area Ordinance [Appendix F]. 55 56 .... 57 58 COMMENT 59 60 This housekeeping amendment adds Section 107 of the CBPA Ordinance, as it also includes 61 the information required on the plan of development and subdivision plat. 62 63 64 (o) Where Chesapeake Bay Preservation Areas lie within a subdivision the 65 following materials shall also be required unless waived as unnecessary by the 66 planning director or previously submitted in conjunction with a site plan or Chesapeake 67 Bay Preservation Area Board application review: 68 69 (1) A survey of environmental features-, 70 71 (2) A landscape plan: 72 73 A stormwater management plan; 74 75 f 41 An erosion and sediment control plan, and 76 77 fQ A water quality impact assessment if required by Section 107 of 78 the Chesapeake Bay Preservation Area Ordinance [Appendix F] 79 80 The materials set forth in (1) through (5) hereinabove shall contain all of the 81 information required by Section 107 of the Chesapeake Bay Preservation Area 82 Ordinance [Appendix Fl. 83 84 .... 85 86 COMMENT 87 88 This housekeeping amendment moves the CBPA requirements from final plats to 89 preliminary plats. Such information is needed earlier than the final plat stage and has been moved 90 to accomplish this earlier submission. 91 92 93 Sec. 6.3. Final plats and data. 94 95 .... 96 97 The final plat shall show the following data, and shall be completed and 98 processed as indicated: 99 100 .... 101 102 (c) Appropriate legal documents PraterAive Gevenants in form for recording. 103 104 .... 105 106 COMMENT 107 108 This is a housekeeping amendment. Many other legal documents are required that are not 109 protective covenants, so this language will be more complete. 110 111 (e) On the face of the plat, a place shall be prepared to receive the signature, 112 with date, of the planning director and other affected agencies, which signatures, when 113 affixed, shall indicate approval of the final plat. 114 the sigRatuFe and sea! Gf the GIeFk of the signature and the GIeFk of the G-*FGi4 115 seWFt Of the A 2" x 3" box shall be provided in the upper right-hand corner of the first 116 sheet to receive the recording information from the Clerk of the Circuit CourtAll 117 required signatures shall be in a durable ink. 118 119 .... 120 121 COMMENT 122 123 This is a housekeeping amendment that is more accurate as to the required recording 124 information location. 125 126 (h) The boundary of the property being subdivided, names of all proposed 127 streets, and boundaries of all property within the subdivision intended to be dedicated to 128 public use. In resubdivisions of existing recorded lots, existing lot lines shall be shown 129 by dotted lines, resubdivisions by full lines. The map book, deed book, or instrument 130 number reference of the document creating the property being 131 resubdivided shall be specified. 132 133 (i) Exact locations, lengths and bearings of all existing boundary lines of 134 blocks, public grounds, streets, alleys and existiRg IGGatiens of a4 easements partially or 135 wholly within the Property being subdivided and their legal reference 136 137 {j) Exact locations and widths of all proposed public or private easements, 138 streets and alleys. 139 140 .... 141 142 (1) Widths and names of abutting or adjoining roads, streets and alleys, along 143 with the Map Book, Deed Book, or instrument number reference for the existing right - 144 of -way. 145 146 .... 147 148 COMMENT 149 150 This is a housekeeping amendment, For several years deeds and plats have been assigned 151 instrument numbers by the Clerk of the Circuit Court upon recordation, instead of deed book and 152 page numbers, and the amendment reflects this change. Other amendments are clarification of the 153 requirements that provide greater information. 154 155 (#) 156 following FnateFials shall also be FequiFed, unless waived as uRneGessaFy by the 157 158 review= 159 160 (4} ; 161 162 94 A landsGape plan; 163 164 (3) ; 165 166 (4) AR eFesien and sediment GentFal plani and 167 168 (5) A wateF quality impaGt assessment, if FequiFed by Sertien 107-4 169 170 171 172 173 GFdiRanre [Appendix F+ 174 175 .... 176 177 COMMENT 178 179 This provision has been moved to 6.1 (o) as it is required during the preliminary plat 180 process. 181 182 (v) Every final plat of a subdivision containing any land located within a 183 Chesapeake Bay Preservation Area shall delineate the boundaries of all resource 184 protection areas, including buffer areas, resource management areas, and reserve 185 sewage disposal drainfield sites as required by Sestien Sections 106 and 107 of the 186 Chesapeake Bay Preservation Ordinance [Appendix F]. 187 188 COMMENT 189 190 This amendment provides clarification as to the necessary requirements. 191 192 kw) 193 194 must beed: ' 195 196 COMMENT 197 198 The assignment of ERUs is premature at this time, so the requirement has been deleted, as 199 it is calculated at a later period. 200 201 APPENDIX C SITE PLAN ORDINANCE 202 203 .... 204 205 Sec. 4. Information required on site development plan. 206 207 4.1. A site plan, prepared, stamped and endorsed by a registered engineer, 208 surveyor or other persons duly licensed by the Commonwealth of Virginia to practice as 209 such, shall be submitted with every application for approval. A sufficient number of 210 copies of the site plan shall be submitted, as the planning director shall require and shall 211 contain the following information: 212 213 A. Property and ownership information: 214 215 1. A location map at a scale of not less than one inch equals 1,600 feet with 216 the site plan clearly marked on the location map identifying the location of 217 the property; 218 219 2. Present recorded property owner and map book and page reference,_afid- 220 deed book and page, or instrument number reference of the site property; 221 222 3. Owners, lot numbers and map book/page or instrument number reference 223 of all adjacent properties; 224 225 COMMENT 226 227 This is a housekeeping amendment, For several years deeds and plats have been assigned 228 instrument numbers by the Clerk of the Circuit Court upon recordation, instead of deed book and 229 page numbers, and the amendment reflects this change. 230 231 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA11920 R-4 June 30, 2011 -1114� 1 City Attorney's Office Item # 11 City of Virginia Beach An Ordinance to amend Sections 6.1 and 6.3 of the City Code, Appendix B, Subdivision Regulations, and Section 4 of the Site Plan Ordinance, Appendix C. August 10, 2011 CONSENT An Ordinance to amend Sections 6.1 and 6.3 of the City Code, Appendix B, Subdivision Regulations, and Section 4 of the Site Plan Ordinance, Appendix C, pertaining to the Required Information for Preliminary and Final Subdivision Plats and Site Plans. By a vote of 10-0, the Board approved item 11 for consent. Charles Hassen appeared before the Board. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, the Board approved item 11 for consent. Charles Hassen appeared before the Board. 4 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — ORDINANCE AMENDMENT- An Ordinance to amend Section 1303 of the City Zoning Ordinance pertaining to appeals of decisions regarding Certificates of Appropriateness for the construction, alteration, repair, relocation or demolition of structures within an Historic and Cultural District. MEETING DATE: September 13, 2011 ■ Background: The amendments set forth procedures and standards for appeals of decision by the Planning Director denying any application for a certificate of appropriateness for a building or structure located in an Historic and Cultural District. The amendments apply both to appeals of the Planning Director's decision to the City Council and subsequent appeals of the City Council's decision to the Circuit Court. ■ Considerations: Staff recommends approval of the proposed amendment. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage • �4� , Z� � 12 August 10, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND SECTION 1303 OF THE CITY ZONING ORDINANCE PERTAINING TO APPEALS OF DECISIONS REQUEST: An Ordinance to amend Section 1303 of the City Zoning Ordinance (CZO) pertaining to appeals of decisions regarding Certificates of Appropriateness for the construction, alteration, repair, relocation or demolition of structures within an Historic and Cultural District. SUMMARY OF AMENDMENT The amendments set forth procedures and standards for appeals of decision by the Planning Director denying any application for a certificate of appropriateness for a building or structure located in an Historic and Cultural District. The amendments apply both to appeals of the Planning Director's decision to the City Council and subsequent appeals of the City Council's decision to the Circuit Court. RECOMMENDATION Staff recommends approval of the proposed amendment. CITY OF VIRGINIA BEACH — Section 1303 Agenda Item 12 Page 1 1 ORDINANCE TO AMEND SECTION 1303 OF THE CITY 2 ZONING ORDINANCE, PERTAINING TO APPEALS OF 3 DECISIONS REGARDING CERTIFICATES OF 4 APPROPRIATENESS FOR THE CONSTRUCTION, 5 ALTERATION, REPAIR, RELOCATION OR DEMOLITION 6 OF STRUCTURES WITHIN AN HISTORIC AND 7 CULTURAL DISTRICT 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 1303 of the City Zoning Ordinance is hereby amended and 14 reordained, to read as follows: 15 16 ARTICLE 13. HISTORIC AND CULTURAL DISTRICT 17 18 .... 19 20 Sec. 1303. Certificates of appropriateness. 21 (a) Requirements of certificates of appropriateness. Except as provided in 22 subsection (f) herein, no building permit shall be issued for the construction, alteration 23 or repair of any structure within a Historic or Cultural District and no permit shall be 24 issued for the relocation or demolition of any structure within a Historic or Cultural 25 District, unless and until the planning director has issued a certificate of appropriateness 26 therefor. 27 28 (b) Materials to be submitted for review. The planning director may require 29 submission of any or all of the following: Architectural plans, site plans, landscaping 30 plans, proposed signs with appropriate details as to location, size, number and 31 character, proposed exterior lighting arrangements, elevations of all portions of 32 structures with significant relation to public view, indications as to construction 33 materials, design of doors and windows, ornamentation and colors, photographs or 34 perspective drawings indicating visual relationship to adjoining structures and spaces 35 and such other exhibits and reports as are reasonably necessary in making his 36 determination as to appropriateness. 37 38 (c) Grounds for issuance and denial of certificate of appropriateness. 39 (1) Issuance. The planning director shall issue a certificate of 40 appropriateness only if he finds that the proposal is, in fact, 41 appropriate to the character, appearance and efficient functioning of 42 the district and meets the requirements and objectives established by 43 the city council in creating the district. In issuing his approval, the 44 planning director may attach whatever conditions he deems 45 appropriate to fulfill the purposes of the district. Each condition so 46 attached shall be in conformity with all applicable city ordinances and 47 development standards. 48 49 (2) Denial; appeals. The planning director shall not issue a certificate of 50 appropriateness authorizing issuance of any permit, if he finds that 51 the action proposed would adversely affect the primary character of 52 the district or the setting of structures of public interest. The planning 53 director shall state his reasons for denial in writing. The applicant for 54 the certificate of appropriateness may appeal a Appeals fF 55 decisions denial of such certificate 56 Gases-shal•I-be to the city council by letter filed with the planning 57 director stating the grounds for appeal no later than thirty (30) days 58 after the date of the denial. 59 60 Upon receipt of such letter, the planning director shall schedule the 61 appeal to be heard by the city council at a regular meeting and shall 62 give written notice of the time, date and place of the city council 63 meeting to the applicant, or his agent, postmarked not less than 64 twenty-one (21) days before the meeting. Additionally, the applicant 65 shall post a sign on the property, identifying the time, date and place 66 of the city council meeting and the nature of the application, at least 67 fifteen (15) days prior to the city council meeting at which the matter 68 is scheduled. No further public notice shall be required. 70 The applicant, and any person appearing before the city council in 71 opposition to the application, may appeal the decision of the city 72 council to the circuit court by filing a petition at law, setting forth the 73 alleged illegality of the action of the city council, provided the petition 74 is filed within thirty (30) days after the date of the city council's 75 decision. The filing of the petition shall stay the decision of the city 76 council pending the outcome of the appeal to the court, unless the 77 decision denies the right to raze or demolish a historic landmark, 78 building or structure. The court may reverse or modify the decision of 2 79 the city council, in whole or in part, if it finds upon review that such 80 decision is contrary to law or is arbitrary and constitutes an abuse of 81 discretion, or it may affirm the decision of the governing body. 82 83 (d) Demolition. In the case of demolition, if preservation is found to be 84 physically or economically unfeasible, the planning director shall issue the certificate 85 forthwith. If preservation is found to be physically and economically feasible, the 86 planning director and the historical review board shall take or promote the taking of 87 whatever public or private action seems likely to lead to such preservation, either on the 88 site on which the structure is located or on another site to which it might appropriately 89 be moved. tiff, 91 (e) Lack of action. If after sixty (60) days from the date of receipt of the 92 application (unless the owner of the property agrees to an extension of time), the 93 planning director or historical review board has not taken final action upon the 94 application, the building permit, relocation permit, or demolition permit shall be referred 95 to the city council for action. 96 97 COMMENT 98 The amendments set forth procedures and standards for appeals of decisions by the 99 Planning Director denying an application for a certificate of appropriateness for a building or 100 structure located in an Historic and Cultural District. The amendments apply both to appeals of 101 the Planning Director's decision to the City Council and subsequent appeals of the City Council's 102 decision to the Circuit Court. Approved as to content: CA -11554 R-1 June 16, 2010 Approved as to legal sufficiency: City Attorney's Office 3 item #12 City of Virginia Beach An Ordinance to amend Section 1303 of the City Zoning Ordinance August 10, 2011 CONSENT An Ordinance to amend Section 1303 of the City Zoning Ordinance pertaining to appeals of decisions regarding Certificates of Appropriateness for the construction, alteration, repair, relocation or demolition of structures within an Historic and Cultural District. AYE 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE NAY 0 ABS 0 ABSENT 1 By a vote of 10-0, the Board approved item 12 for consent. Bill Macali appeared before the Board. ABSENT (7(U '` f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — COMPREHENSIVE PLAN AMENDMENT - An Ordinance to amend the Comprehensive Plan by Adopting the Rosemont Strategic Growth Area Master Plan, August 2011, and revise the Policy Document. MEETING DATE: September 13, 2011 ■ Background: In February of 2011, the City began a planning process to prepare a master plan for the Rosemont Strategic Growth Area. This master plan provides recommendations regarding land use, parks and open space, utilities, building design, roadway and trails, creating opportunities to transition strip commercial uses into transit ready mixed-use neighborhoods. The amendments revise the Comprehensive Plan accordingly. ■ Considerations: The Rosemont Strategic Growth Area Master Plan is the result of an extensive public participation process involving residents in the area, property owners, the business community, environmentalists, City and other stakeholders. The document provides guidance to assist in creating a sense of place within the many components of the Rosemont SGA. The master plan sets the framework to continue forward in a direction that reflects the area's history, is sensitive to the environment, acknowledges existing conditions and responds to the challenges of transportation and infrastructure needs. Staff recommends adoption. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agenc : Planning Department(Of City Manager. 13 August 10, 2011 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO THE COMPREHENSIVE PLAN - ROSEMONT STRATEGIC GROWTH AREA MASTER PLAN REQUEST: An Ordinance to amend the Comprehensive Plan by adopting the Rosemont Strategic Growth Area Master Plan, August 2011. SUMMARY OF AMENDMENT In February of 2011, the City began a planning process to prepare a master plan for the Rosemont Strategic Growth Area. The process involved extensive public participation and was guided by a Steering Committee of stakeholders and representatives of the community. The study was prepared within a multi disciplinary, process -based approach to design that has three phases: understanding, exploring, and deciding. This public planning process unfolded over several months with many planning events to ensure a well -vetted and implementable master plan. This master plan provides recommendations regarding land use, parks and open space, utilities, building design, roadway and trails, creating opportunities to transition strip commercial uses into transit ready mixed-use neighborhoods. The attached amendments revise the Comprehensive Plan accordingly and direct the reader to the Comprehensive Plan's online Document Library for a full copy of the Rosemont Strategic Growth Area Master Plan. RECOMMENDATION The Rosemont Strategic Growth Area Master Plan is the result of an extensive public participation process involving residents in the area, property owners, the business community, environmentalists, City and other stakeholders. The document provides guidance to assist in creating a sense of place within the many components of the Rosemont SGA. The master plan sets the framework to continue forward in a direction that reflects the area's history, is sensitive to the environment, acknowledges existing conditions and responds to the challenges of transportation and infrastructure needs. Staff recommends adoption. CITY OF VIRGINIA BEACH - ROSEMONT SGA MASTER PLAN Agenda Item 13 Page 1 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY ADOPTING THE ROSEMONT STRATEGIC 3 GROWTH AREA MASTER PLAN, AUGUST 2011 AND 4 REVISE THE POLICY DOCUMENT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Strategic Growth Area Master Plan for the Rosemont Area has 10 been developed with extensive input from the community and all stakeholders; 11 12 WHEREAS, there are several revisions that are necessary to bring the adopted 13 Comprehensive Plan into conformity with the Rosemont Strategic Growth Area Master 14 Plan, August 2011; and 15 16 WHEREAS, the Rosemont Strategic Growth Area Master Plan, August 2011, and 17 the attached revisions to the Policy Document should be adopted as part of the 18 Comprehensive Plan. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: W4 23 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 24 amended and reordained by: 25 26 1. The adoption of the Rosemont Strategic Growth Area Master Plan, August 27 2011. Such document is made a part hereof, having been exhibited to the City Council 28 and is on file in the Department of Planning; and 29 30 2 The revision of the Policy Document, pertaining to the Rosemont Strategic 31 Growth Area Master Plan, August 2011 as shown on the attached document entitled 32 "Comprehensive Plan Policy Document Revisions, Chapter 2: Urban Area, Strategic 33 Growth Area 5 -Rosemont, August 2011." Such document is made a part hereof, having 34 been exhibited to the City Council and is on file in the Department of Planning. 35 36 COMMENT 37 38 The ordinance amends the Comprehensive Plan by the adoption of the Rosemont Strategic 39 Growth Area Master Plan, August 2011. The current provisions of the Plan pertaining to this area 40 are revised to reflect the adoption and relevant provisions of the Master Plan. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on this 43 day of , 2011. 44 45 APPROVED AS TO CpNTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City ttorney's Office CA11919/R-4/July 22, 2011 Comprehensive Plan Policy Document Revisions Chapter 2: Urban Area Strategic Growth Area 5 - Rosemont August 2011 (Pages 2-22 through 2-23, Policy Document: Text to be deleted is shown as strikethreugh. Text to be added is underlined.) STRATEGIC GROWTH AREA 5 ROSEMONT DESCRIPTION Rosemont Strategic Growth Area (SGA) is a 158 acre area located in the center of the city east of the Pembroke SGA along the 1-264/Virginia Beach Boulevard corridor and is defined by a heavily used roadway system that is further complicated by the confluence of a railroad crossing and an interchange ramp system in proximity to one another. The land use of this area is characterized by suburban strip commercial and multifamily residential uses along Virginia Beach Boulevard and generally encompassed by established single family neighborhoods. this area. With a vision supported by the community and a planning process guided by a Steering Committee the Rosemont SGA Master Plan available in the online document library at www.ourfuturevb.com identifies the potential to transition strip commercial uses to mixed-use development establish a neighborhood center for Rosemont improve pedestrian and trail facilities create a street and block structure to accommodate development and mobility, be a leading example of sustainable development practices integrate high quality well desi-ned workforce housing and assure proper guidelines and standards for land use streets and open spaces. (Replace with revised map) (Revised map) ROSEMONT RECOMMENDATIONS With improved connectivity and mobility, the Rosemont SGA will transition from an auto -oriented retail strip to a mixed-use transit -oriented neighborhood center at higher densities Market potential created by the introduction of transit and human scaling of infrastructure suggests a reconception of commercial development to serve the needs of a growing population and the introduction of multi -family housing within easy walking distance of transit and neighborhood amenities. The following summarizes the key recommendations of the Rosemont SGA Master Plan: y Create an implementable series of private and public projects that can be packaged together to transform, over time, the heart of the city. Providp Transit O d Development including a hAlanepd. mix f b Fe4&ntial acommer-cial y Design to a "transit ready" framework that permits adequate scale and density coupled with successive phasing of public investment to unlock a corresponding return on investment. Medium density multifafflily FeSidential and non-r-Ptail uses should be consideFed feF PeFtionS Af I;Inti 10eated ()n ti4e Affth Side Of Vir-ginia Beach Beuleyai-d between Malibu PFiVe -And Stepn?y Lane. SimilaF land uses are apffOffiate an the south side of the BoulevaFd, but should Promote redevelopment through building the Sentara Way fly -over and other new connections within the SGA, supporting potential development, and improvements along South Plaza Trail. Proximity to .1 2,641 and trans-fe-rm- the existing land USe PatteFH into Faixed use affa*gemeM including an attFactive complex of fnedium to high Fise residential units and high quality, mid r office building 2 ➢ Introduce the residential neighborhoods south of Virginia Beach Boulevard by realigning Bonney Road, creating more regular development blocks to allow for higher density development, organized around parking garages, and liner buildings. No industrial uses are recommended for this area. ➢ Establish criteria to humanize Virginia Beach Boulevard. Along the boulevard will be the new development of a village core, and the surrounding lower -density residential neighborhoods to support the commercial uses and transit options that are being introduced. important part of fiatur-e land use plann#ig4er- this area- Every eger-t should be take minimize the impacts to related Foadway im te stable neighbor -hood in addition, planning should inelude impr-aved multimedal and At�PF transoor-tatian management systems in support of these roadway enhancements. (Replace with new picture) i'".`... t.. ` • f fpr■ Ir�li�!■r�- IL AIR (New picture) Future Transit Station on Virginia Beach Boulevard Item # 13 City of Virginia Beach Amendment to the Comprehensive Plan Rosemont Strategic Growth Area Master Plan August 10, 2011 CONSENT An Ordinance to amend the Comprehensive Plan by Adopting the Rosemont Strategic Growth Area Master Plan, August 2011, and revise the Policy Document. AYE 10 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABS 0 ABSENT 1 By a vote of 10-0, the Board approved item 13 for consent. Debbie Zywna appeared before the Board. ABSENT M. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD ENERGY ADISORY COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 NATIONAL NIGHT OUT OCTOBER 4, 2011 City Council Workshop Cancelled CITY OF VIRGINIA BEACH CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y VNI-E SESSION DATE: 08/23/2011 PAGE: 1 D S S F MINUTES — August 9, 2011 APPROVED 10-0 Y E D Y H Y E H Y W Y AGENDA D S I E J S E U I ITEM # SUBJECT MOTION VOTE A T E D N O S R H L W V E Z Y L N O R R S O A 1 P E E E E M O I O O S H L R Y S S D N N D I/II/IIIJIV/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VNI-E SESSION F MINUTES — August 9, 2011 APPROVED 10-0 Y Y A B Y Y Y Y Y Y Y Y S T A I N E D G/H-1 PUBLIC HEARINGS: CITY COUNCIL/SCHOOL BOARD No Speakers ELECTION REDISTRICTING 2 ACQUISITIONS No Speakers a. Laskin Road Gateway Phase I -A, Phase IV b. 19'h St Sidewalk I-1 PUBLIC COMMENT No speakers ROSEMONT SGA PLAN J/K-1 ORDINANCES/RESOLUTIONS Ordinance to AMEND § 21-701 of City ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Code re crushed vehicles BY CONSENT 2 Council Liaison Proposal 2, Amendment D, ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y of the Ordinance to REAPPORTION/ REVISE City Council/School Board Residence Districts for local elections 3 Ordinances to AUTHORIZE acquisition of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y r -o -w: BY CONSENT a. 19`h Street Sidewalk b. Laskin Road Gateway Phase I -A 4 Ordinance to AUTHORIZE Lease with ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Common of Va Minority Business BY CONSENT Enterprises at Building 1, 2401 Courthouse Drive 5 Ordinance to PROVIDE for bids re Lease ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of City property at 2061 Chicory Street re CONSENT wireless telecommunications 6 Ordinance to AMEND project description/ ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y scope of Rudee Inlet Connector Walk/ CONSENT TRANSFER $163,551 to cover Phase I CITY OF VIRGINIA BEACH Resolution to AUTHORIZE MOU with ADOPTED 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Navy Mid -Atlantic Region re domestic BY CONSENT DATE: 08/23/2011 violence/felony offenses involving PAGE: 2 D S S juveniles at Navy Bases E D H E H W AGENDA D S I E J S E U I ITEM # SUBJECT MOTION VOTE A T E D N 0 S R H L W Y V E Z Y L N 0 R R S 0 I P E E E E M O 1 0 0 S H L R Y S S D N N D 7 Resolution to AUTHORIZE MOU with ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Navy Mid -Atlantic Region re domestic BY CONSENT violence/felony offenses involving juveniles at Navy Bases 8 Resolution to a Fire/EMS Mutual Aid ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreement with localities in Hampton CONSENT Roads 9 Resolution to AUTHORIZE Performance ADOPTED BY 11-0 Y Y N Y Y Y Y Y Y Y Y" Contract between CSB/Va Behavioral CONSENT Health/Developmental Services 10 Ordinance to ADOPT revised City Policy re SCAVB ADOPTED BY CONSENT 11-0 Y Y Y Y Y Y Y Y y Y Y I La Ordinances to AUTHORIZE encroachments into portions of City ADOPTED/ CONDITIONED 11-0 Y Y Y Y Y Y Y Y Y Y y property BY CONSENT WILLIAM D. STEVENSON, SR. at 2413 Spindrift Road. DISTRICT 5 - LYNNHAVEN b BRYAN EDWARD/PAGE FOSTER ADOPTED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y WHITE at Bass Inlet, 2816 Bluebill Drive. CONDITIONED DISTRICT 7 — PRINCESS ANNE BY CONSENT 12.a Ordinances to ACCEPT/APPROPRIATE/ TRANSFER: $45,125 Grant from Va Emergency ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Management Fire re Field House CONSENT Emergency Shelter b APPROPRIATE $12,600 to Agriculture re ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y advertising for Farmers Market CONSENT c Human Services a. $98,092 from Va Criminal Justice Services ADOPTED BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y b. $10,899 in DEA Seized Assets c. $10,899 from Sheriffs Inmate Services Fund d. $10,900 within Human Services L-1 HOWARD J./CAROL M. MARX closure of portion of alley at 704 Surfside Avenue. DISTRICT 6 - BEACH APPROVED/ CONDITIONED BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 2 WILLIAM M. JONES, SR. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Nonconforming Use at 2417 Mediterranean CONDITIONED Avenue re driveway/storage shed/deck BY CONSENT DISTRICT 6 - BEACH CITY OF VIRGINIA BEACH BRAVA, LLC CUP re commercial APPROVED/ 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y parking lot at 20t" Street. DISTRICT 6 - CONDITIONED DATE: 08/23/2011 BEACH BY CONSENT PAGE: 3 D S S E D H E H W AGENDA D S I Y E J S E U I Y ITEM # SUBJECT MOTION VOTE A T E D N O S R H L W V E Z Y L N O R R S O I P E E E E M O I O O S H L R Y S S D N N D 3 BRAVA, LLC CUP re commercial APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y parking lot at 20t" Street. DISTRICT 6 - CONDITIONED BEACH BY CONSENT 4 CEDAR GROVE 2011 CUP re housing APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y for homeless, disabled military persons CONDITIONED at 904 Board Meadows Drive. DISTRICT BY CONSENT 4-BAYSIDE 5 MARQUETTE/ASSOC COZ from AG -2 APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y to Conditional R -5S at Dam Neck Road/ PROFFERED Taneva Court. DISTRICT 7 - PRINCESS ANNE 6.a TIDEWATER CENTRAL CHURCH OF APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y THE NAZARENE at 5514 Parliament CONDITIONED Avenue. DISTRICT 2 - KEMPSVILLE: BY CONSENT COZ from A -12/B-2 to R-10 b CUP re religious use 7 TERRY PETERSON DEVELOPMENT ALLOWED I1-0 Y Y Y Y Y Y Y Y Y Y Y ONE, LLC COZ from R-15 to WITH - Conditional R -10/A-12 (PDH -2) north of DRAWAL, BY Ridgley Manor Boulevard. DISTRICT 4 — CONSENT 13AYSIDE M APPOINTMENTS RESCEDULED B Y C O N S E N S U S AGRICULTURAL ADVISORY COMMISSIONCOMMUNITY SERVICES BOARD PARKS AND RECREATION PUBLIC LIBRARY BOARD WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD N/O/P ADJOURNMENT 6:37 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 08/23/2011 PAGE: 4 D S S E D H E H W AGENDA D S I E J S E U I ITEM # SUBJECT MOTION VOTE A T E D N O S R H L W V E Z Y L N O R R S O I P E E E E M O I O O S H L R Y S S D N N D NATIONAL NIGHT OUT OCTOBER 4, 2011 CITY COUNCIL SESSIONS CANCELLED