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SEPTEMBER 27, 2011
CITY COUNCIL MAYOR WILLIAMD. 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 PRESTON N. SHERROD, At -Large JOHN E. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER —JAMES K. SPORE CITYATTORNEY—MARK D. STILES CITY ASSESSOR — JERALD D. BANAGAN CITY AUDITOR—LYNDONS. REMIAS CITY CLERK — RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 27 SEPTEMBER 2011 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.cotn I. CITY MANAGER'S BRIEFINGS -Conference Room- 3:30 PM A. GREEN RIBBON COMMITTEE STEWARDSHIP AWARDS Clay Bernick, Administrator — Environment and Sustainability Office B. 2012 LEGISLATIVE AGENDA Robert Matthias, Assistant to the City Manager C. INTERIM FINANCIAL STATEMENT and UNAUDITED 2011 RESULTS Patricia Phillips, Director — Finance D. PROPOSED CONSTITUTIONAL AMENDMENT Rebecca Kubin, Deputy City Attorney II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room- 5:00 PM A. CALL TO ORDER — Vice Mayor Louis R. Jones B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Vice Mayor Louis R. Jones B. INVOCATION: Rabbi David Barnett Temple Israel 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. SPECIAL FORMAL SESSION 2. INFORMAL and FORMAL SESSIONS G. MAYOR'S PRESENTATION GREEN RIBBON COMMITTEE STEWARDSHIP AWARDS H. FORMAL SESSION AGENDA I. PUBLIC HEARINGS 1. LEASES OF CITY -OWNED PROPERTY a. 2061 Chicory Street b. 4153 Dam Neck Road J. CONSENT AGENDA K. ORDINANCES/RESOLUTION September 6, 2011 September 13, 2011 1. Ordinances to AMEND the City Code: a. §2-6 re the Resort Advisory Commission to REMOVE the "sunset" provision b. §2-108 re probation period of employment for Firefighters c. §2-224.1 to 2-224.8 to enact an Enhancement Program for small businesses incl minority, service disabled veteran and woman -owned businesses 2. Resolution to MOVE the November 8, 2011, regular meeting of City Council to November 1, 2011, to allow citizens to vote in the November 8, 2011, General Election. 3. Ordinance re a Cooperative Agreement between City Council and the School Board re legal services to be provided to the School Board and School Administration by the Office of the City Attorney in FY 2012 and AUTHORIZE the Mayor to EXECUTE the Cooperative Agreement 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease between the City and Richmond 20MHz, d/b/a/ NTelos Wireless re wireless telecommunications at 2061 Chicory Street 5. Ordinance to ACCEPT a donation from the Hampton Roads Planning District Commission (HRPDC) of a Shelter Support Unit to provide supplies and equipment for the Medically Friendly Shelter Program and AUTHORIZE the City Manager to EXECUTE an Agreement with the HRPDC 6. Ordinance to APPROPRIATE $660,000 from the Federal Emergency Management Administration (FEMA) to the Fire Department for mobilization and related activities of the Virginia Task Force Two Urban Search and Rescue Team (FEMA) re an earthquake, Hurricane Irene flooding and a readiness exercise 7. Ordinance to APPROPRIATE $550,000 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund to the Convention and Visitors Bureau re advertising and marketing related activities 8. Ordinances to ACCEPT and APPROPRIATE a Grant from the United States Department of Transportation National Highway Traffic Safety Administration via the Virginia Department of Motor Vehicles (DMV) and APPROPRIATE funds from the Fund Balance of the DEA Seized Property Special Revenue Fund to the Police Department re police officer overtime and equipment: a. $65, 680 for enforcement of seat belt laws with $13,136 local grant match b. $54,420 for enforcement of DUI laws with $10,884 local grant match 9. Ordinance to TRANSFER a $338,651 Grant within the Energy Efficiency and Conservation Block Grant re hybrid vehicle purchases (delta), HVAC assessments, solar study of the Convention Center, reimbursement for increased staff time performing energy conservation activities, training, energy software and office supplies L. PLANNING 1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for BAYMARK CONSTRUCTION CORPORATION and VANESSA BOWSER-BRICKHOUSE at Riddick Lane and Indian River Road to comply with minimum lot requirements. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 2. Application of REAL LIFE CHURCH/CHURCH of GOD of PROPHECY for the Modification of Conditional Use Permit (approved by City Council on August 15, 1998) to allow two (2) temporary structures on site at 4877 Princess Anne Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of TARGET HITTERS, LLC/CHARLES and DONNA MCDANIEL for a Conditional Use Permit re a home occupation (online gun sales) at 3425 Glen Arden Road. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 4. Application of GREEN RUN LITTLE LEAGUE, INC. for a Conditional Use Permit re a recreational facility of an outdoor nature at 4141 and 4153 Dam Neck Road. DISTRICT 6 - PRINCESS ANNE RECOMMENDATION APPROVAL 5. Application of McDONALD DEVELOPMENT CO./BARBARA CREECH, TRUSTEE of the ALFRED T. CREECH IRROVACABLE TRUST for a Change of Zoning District Classification from AG -1 Agriculture and AG -2 Agriculture to Conditional I-1 Industrial District at Harpers Road and Oceana Boulevard. DISTRICT 6 — BEACH RECOMMENDATION APPROVAL M. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HEALTH: SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 NATIONAL NIGHT OUT OCTOBER 4, 2011 CITY COUNCIL SESSIONS CANCELLED CITY COUNCIL SESSIONS NOVEMBER 81h MOVED TO: NOVEMBER 1s' to provide citizens to exercise their right to vote on November 8, 2011, General Election Agenda 09/27/2011 gw www.vb og v.com I. CITY MANAGER'S BRIEFINGS -Conference Room- 3:30 FM A. GREEN RIBBON COMMITTEE STEWARDSHIP AWARDS - Clay Bernick, Administrator — Environment and Sustainability Office B. 2012 LEGISLATIVE AGENDA Robert Matthias, Assistant to the City Manager C. INTERIM FINANCIAL STATEMENT and UNAUDITED 2011 RESULTS Patricia Phillips, Director — Finance D. PROPOSED CONSTITUTIONAL AMENDMENT Rebecca Kubin, Deputy City Attorney II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room- 5:00 PM A. CALL TO ORDER — Vice Mayor Louis R. Jones B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - A. CALL TO ORDER — Vice Mayor Louis R. Jones B. INVOCATION: Rabbi David Barnett Temple Israel 6:00 PM 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. SPECIAL FORMAL SESSION September 6, 2011 2. INFORMAL and FORMAL SESSIONS September 13, 2011 G. MAYOR'S PRESENTATION GREEN RIBBON COMMITTEE STEWARDSHIP AWARDS PUBLIC HEARINGS 1. LEASES OF CITY -OWNED PROPERTY a. 2061 Chicory Street b. 4153 Dam Neck Road On Tuesday, September 27, 2011, at 6:00 p.m., in the Council Chamber of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a PUBLIC HEARING concerning the proposed lease of a portion of the City property located at 2061 Chicory Street, Virginia Beach, Virginia (GPIN 1494-28-0615) for the purpose of constructing, maintaining and operating wireless telecommunications facilities operated by Richmond 20MHz, LLC, d/b/a NTelos. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Any questions concerning this matter should be directed to the City Attorneys Office at (757) 385-4531. Ruth Hodges Smith, MMC City Clerk Ae Beacon: Sept. 18, 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 27, 2011, at 6:00 PM, in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following for use as a little league baseball facility: Approximately 28.58 acres located at 4153 Dam Neck Road If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing Impaired, call 711 - The Virginia Relay. Any questions concerning this matter should be directed to the Department of Department of Parks and Recreation; Bldg. 21, at the Virginia Beach Municipal Center. The Parks and Recreation Office telephone number is (757) 385.1100. Ruth Hodges Fraser, MMC City Clerk VP September 18,2011 22652191 K. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. §2-6 re the Resort Advisory Commission to REMOVE the "sunset" provision b. §2-108 re probation period of employment for Firefighters c. §2-224.1 to 2-224.8 to enact an Enhancement Program for small businesses including minority, service disabled veteran and woman -owned businesses 2. Resolution to MOVE the November 8, 2011, regular meeting of City Council to November 1, 2011, to allow citizens to vote in the November 8, 2011, General Election. 3. Ordinance re a Cooperative Agreement between City Council and the School Board re legal services to be provided to the School Board and School Administration by the Office of the City Attorney in FY 2012 and AUTHORIZE the Mayor to EXECUTE the Cooperative Agreement 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease between the City and Richmond 20MHz, d/b/a/ NTelos Wireless re wireless telecommunications at 2061 Chicory Street 5. Ordinance to ACCEPT a donation from the Hampton Roads Planning District Commission (HRPDC) of a Shelter Support Unit to provide supplies and equipment for the Medically Friendly Shelter Program and AUTHORIZE the City Manager to EXECUTE an Agreement with the HRPDC 6. Ordinance to APPROPRIATE $660,000 from the Federal Emergency Management Administration (FEMA) to the Fire Department for mobilization and related activities of the Virginia Task Force Two Urban Search and Rescue Team (FEMA) re an earthquake, Hurricane Irene flooding and a readiness exercise 7. Ordinance to APPROPRIATE $550,000 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund to the Convention and Visitors Bureau re advertising and marketing related activities 8. Ordinances to ACCEPT and APPROPRIATE a Grant from the United States Department of Transportation National Highway Trak Safety Administration via the Virginia Department of Motor Vehicles (DMV) and APPROPRIATE funds from the Fund Balance of the DEA Seized Property Special Revenue Fund to the Police Department re police officer overtime and equipment: a. $65, 680 for enforcement of seat belt laws with $13,136 local grant match b. $54,420 for enforcement of DUI laws with $10,884 local grant match 9. Ordinance to TRANSFER $338,651 Grant within the Energy Efficiency and Conservation Block Grant re hybrid vehicle purchases (delta), HVAC assessments, solar study of the Convention Center, reimbursement for increased staff time performing energy conservation activities, training, energy software and office supplies CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-6 of the City Code Pertaining to the Resort Advisory Commission MEETING DATE: September 27, 2011 ■ Background: In 2004, City Council adopted an ordinance that contained a "sunset" provision whereby the Resort Advisory Commission would terminate on June 30, 2009. Notwithstanding that provision, City Council has continued to appoint and reappoint members to the Resort Advisory Commission since 2009, and the commission has continued to meet. Because the Resort Advisory Commission continues to play an important role in the City, the sunset provision should be deleted. ■ Considerations: The attached ordinance removes the sunset provision. The ordinance also addresses a provision in subsection (c) that provides for a representative of the Resort Retailers Association to be appointed to the commission. The Resort Retailers Association no longer exists, so the ordinance deletes the reference to that defunct organization and replaces it with a more general requirement that the commission shall include a resort retailer. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Ordinance Recommended Action: Approval I* Submitting Department/Agency: Strategic Growth Area Office 6 —F� City Manager: Q " V- "&3y>t 1 AN ORDINANCE TO AMEND SECTION 2-6 2 OF THE CITY CODE PERTAINING TO THE 3 RESORT ADVISORY COMMISSION 4 5 SECTION AMENDED: § 2-6 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-6 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 Sec. 2-6. - Resort advisory commission. 13 (a) There is hereby created the resort advisory commission. The members of the 14 commission shall be appointed by the city council to serve terms of three (3) years. A 15 chair and a vice -chair shall be elected from the commission by its members. All 16 members shall be residents of the city. 17 (b) The governance and administration of the commission shall be in accordance 18 with its bylaws, incorporated by reference herein, which bylaws shall not be amended 19 without the prior approval of city council. 20 (c) The commission shall consist of at least eleven (11), but not more than; 21 nineteen (19)1 members. In selecting members of the commission, the city council shall 22 appoint at least one (1) representative from each of the following organizations: Virginia 23 Beach Hotel/Motel Association, Virginia Beach Restaurant Association, Re60Ft RetaileFS 24 Assesiatie l; Virginia Beach Division of the Hampton Roads Chamber of Commerce, 25 and Virginia Beach Council of Civic Organizations. The commission shall also include a 26 resort retailer. The city council shall also appoint to the commission at least three (3) 27 design professionals having expertise in the fields of architecture, urban design, land 28 use planning, landscape architecture, transportation planning, or other design fields 29 relevant to the purposes for which the commission was created. 30 In the event of a conflict between the provisions of this subsection and any other 31 ordinance or bylaw, the provisions of this subsection shall control. �/.'►��. _ :LVET-T1:STt:LST-Z�STT.!ZS�TS11l7ZSl�T:�f1:S SZ:�Rrr_�er�tirl�r�I•■ ky.1 34 35 22, 20004 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2011. APPROVED AS TO CONTENT: Strate is Growth Aret0yce CA12028 R-2 September 1, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic �paM B@,q1� F � °s ,r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-108 of the City Code Pertaining to Probation Period of Employment MEETING DATE: September 27, 2011 ■ Background: Applicants for City firefighter positions who are offered employment must complete the Fire Academy. The Fire Academy lasts approximately eight months. The Academy consists of both instructional and practical components to provide the knowledge, skills, and abilities to perform as a certified firefighter. After completion of the Academy, successful recruits become sworn firefighters. Although this process is similar to the one undertaken by new Police officers, and although non - certified Police officers have a fifteen month probationary period, the probationary period for new firefighters is only twelve months. This shorter period leaves the Fire Department with only four months after the Academy to determine whether the new firefighters are capable of applying the information learned in the Academy in emergency situations. This limited amount of time is inadequate to fully evaluate the capabilities of the new firefighters. ■ Considerations: The Fire Department requests an amendment to the City Code to extend the probationary period for new firefighters to fifteen months. This amendment is consistent with the amendment approved in 2005 to extend the probationary period for sworn police personnel. This change will apply to the current list of applicants who will have an official hire date of October 16, 2011 and to all firefighters hired thereafter. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department OC4 City Manager: K'7�60?' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 AN ORDINANCE TO AMEND SECTION 2-108 OF THE CITY CODE PERTAINING TO PROBATION PERIOD OF EMPLOYMENT SECTION AMENDED: § 2-108 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-108 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 2-108. - Probation period of employment. The probation period for employees other than sworn, non -certified police and fire personnel shall be defined as the initial twelve (12) calendar months of employment following an original employment or re-employment. The probation period for sworn, non -certified police and fire personnel shall be fifteen (15) calendar months of employment following an original employment or re-employment. However, the probation period for all probation employees shall be extended one (1) pay period for every fifteen (15) consecutive calendar days a probation employee is on injury leave, suspension, leave without pay, or sick leave status. Any salary change which may occur upon completion of the probation period shall not become effective until the first day of the pay period following such completion. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2011. APPROVED AS TO CONTENT S;E � - cu",, Fire Department CA12035 R-1 September 8, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Atto ney's Office ro` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Sections 2-224.1 to 2-224.8 to Enact an Enhancement Program for Small Businesses, Including Minority, Service Disabled Veteran and Woman -Owned Businesses MEETING DATE: September 27, 2011 ■ Background: In 1995, the City Council enacted City Code provisions to help ensure that small, minority-owned, and woman -owned businesses are made aware of City contracting opportunities and are encouraged to compete for City contracts. Over time, these sections have been reviewed and amended in furtherance of the City Council's commitment to equal opportunity and nondiscrimination in City procurement. The Virginia Department of Minority Business Enterprises ("DMBE") provides certification of small businesses, including minority, service disabled veteran and woman owned businesses. Many small businesses are also minority-owned, woman - owned, and service disabled veteran -owned businesses. Thus, a program to enhance DMBE-certified small businesses would enhance these other businesses. ■ Considerations: The Virginia Code allows the adoption of a small business enhancement program if there is a rational basis for small business enhancement. A rational basis for the enhancement of small businesses may include any of the following: small businesses are job -creating engines; small businesses are nimble and responsive to the needs of the City; and encouraging small businesses will also encourage minority-owned, woman -owned,' and service disabled veteran -owned businesses. The attached ordinance changes sections of the City Code that provide for increased participation of minority, service disabled veteran, and woman -owned businesses. These changes will broaden the reach of the current participation efforts, which apply to the formal procurement processes. Solicitations must be sent to all DMBE-certified small businesses in the relevant industry sector within 50 miles of the City, which should encourage participation by prime contractors. To encourage DMBE-certified small business to serve as subcontractors, pre-bid meetings will include reference to the DMBE and City resources and databases. More importantly, as a matter of responsiveness, those contracts that utilize subcontractors will be required to include at least 50% of the subcontracted work by DMBE-certified small businesses or the contractor must provide documentation showing efforts taken to meet this 50% subcontractor usage requirement. Small purchase procedures, where the anticipated value is less than $50,000, are not specifically addressed in detail by the City Code. Rather, state law allows these procedures to be set forth by written policy. The City Administrative Directive 6.09 DMBE-Certified Small Business Enhancement Program Page 2 of 2 provides measures for the increased participation woman and minority-owned business participation in small purchases. The attached ordinance endorses changes to this Directive that are consistent with the changes to the City Code. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance; Updated and Re -titled Administrative Directive 6.09; Outline of Small Purchase Procedure Change Requested by Councilmembers Davis and Dyer REQUESTED BY COUNCILMEMBERS DAVIS AND DYER 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTIONS 2-224.1 TO 2-224.8 TO ENACT AN 3 ENHANCEMENT PROGRAM FOR SMALL 4 BUSINESSES, INCLUDING MINORITY, SERVICE 5 DISABLED VETERAN AND WOMAN -OWNED 6 BUSINESSES 7 8 SECTIONS AMENDED: §§ 2-224.1 to 2-224.8 9 10 WHEREAS, in 1995, in furtherance of the City Council's commitment to 11 the City's established policy of equal opportunity and nondiscrimination in City 12 procurement, City Council enacted City Code provisions to help ensure that 13 small, minority-owned, and woman -owned ("SWaM") businesses are made 14 aware of City contracting opportunities and are encouraged to compete for City 15 contracts; 16 17 WHEREAS, also in 1995, City Council created the region's first and, with 18 the';possible exception of Hampton, only Minority Business Council ("MBC") to (1) 19 advise City Council and the City Manager on policy issues including the City's 20 efforts to encourage the participation of minority-owned businesses and small 21 and woman -owned businesses; (2) conduct educational and training programs to 22 promote the involvement of such businesses in City procurements; (3) serve as a 23 forum for the development of awareness of such businesses in City 24 procurements; and (4) provide annual reports to City Council on the City's 25 progress in achieving greater participation of such businesses in City contracts; 26 27 WHEREAS, since that time, the volunteer members of the MBC have 28 worked vigilantly and tirelessly with City staff to develop and implement_a variety 29 of initiatives to increase minority participation in City procurement, with positive 30 results; 31 32 WHEREAS, among the many additional initiatives implemented by the 33 City since 1995 are: 34 35 • City Council's establishment of a 10% goal for minority participation 36 in City contracts; 37 • Debundling of City contracts to better enable SWaM businesses to 38 compete for City contracts; 39 . Access for City procurement officials and those with delegated 40 procurement authority to a comprehensive database of SWaM 41 businesses and the types of goods or services that each business 42 provides; 43 o City Council's addition of service disabled veteran businesses to 44 the City's above -referenced SWaM enhancement efforts; 45 City Council's enactment of a required Woman, Service Disabled 46 Veteran and Minority Participation Plan for all City contracts in 47 excess of $50,000 to encourage prime contractors to solicit and 48 award subcontracts to SWaM and service disabled veteran 49 businesses; 50 • Implementation of a City Administrative Directive to require 51 solicitations of SWaM and service disabled veteran businesses in 52 small procurements of less than $50,000; 53 Implementation of a Contractor's Assistance Program to help 54 SWaM businesses with start up costs and early material 55 purchases; 56 • Entry into a Memorandum of Understanding with 57 Virginia's Department of Minority Business Enterprises ("DMBE"), 58 as well as development of a productive and mutually beneficial 59 working relationship with DMBE; 60 • City Council's creation and funding of a Minority Business 61 Coordinator position, a SWaM Business Development Manager, 62 and, most recently, a Title VI Civil Rights Compliance position; 63 • Recent efforts to further the City's SWaM and service disabled 64 veteran business participation in subcontracts by providing prime 65 contractors in all Requests for Proposals and Invitations for Bids 66 with information regarding City Council's 10% minority participation 67 goal and a list of examples of good faith efforts that prime 68 contractors could undertake both in support of that goal and in 69 fulfillment of the City's requirements for Woman, Service Disabled 70 Veteran and Minority Participation Plans; 71 City Council's adoption of a program to reduce barriers to 72 participation by allowing prequalification in lieu of bonding for 73 contracts between $100,000 and $500,000. 74 75 WHEREAS, although significant progress has been made in furtherance 76 of City Council's 10% participation goal, more improvement is needed, especially 77 in the area of construction contracting; 78 79 WHEREAS, the Virginia Code provides authority for the City to enact a 80 small business enhancement program; 81 82 WHEREAS, a small business enhancement program would enhance small 83 businesses including minority, woman, and service disabled veteran owned 84 businesses, and also likely would be beneficial to locally owned businesses. 85 86 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 87 OF VIRGINIA BEACH, VIRGINIA: 88 2 89 1. That the City Council finds there is a rational basis to enhance the 90 participation of DMBE-certified small businesses, including woman and minority - 91 owned businesses, in City procurement processes; and 92 93 2. That the City Council endorses the re -titling and changes to 94 Administrative Directive 6.09, "DMBE-certified Small Business, including Woman 95 and Minority-owned businesses, Small Purchase Procedures" as set forth in the 96 attached Directive; and 97 98 3. That in furtherance of the above -stated desire and intent of the City 99 Council, the following sections of the Code of the City of Virginia Beach shall be 100 amended and re -ordained as follows: 101 102 Chapter 6. ADMINISTRATION 103 104 ARTICLE VI. FINANCE 105 .... 106 107 108 Section 2-224.1 — Definitions. 109 110 For purposes of this subsection, the following words shall have the meanings 111 ascribed to them in this section: 112 113 DMBE-certified small business means a small business that has been certified by 114 the Virginia Department of Minority Business Enterprises. 115 116 Good -faith Minority-owned, Service Disabled Veteran -owned and Woman -owned 117 Business Participation Efforts: The sum total of efforts by a particular business to 118 provide for the equitable participation of minority, service disabled veteran and 119 woman employees and subcontractors in the operations and contracts of such 120 business. 121 122 (1) For past efforts, this sum total shall be comprised of the record of 123 minority, service disabled veteran and woman participation over the 124 past two (2) years through employment, retention, and promotion; 125 subcontracting or joint ventures in the private sector; or a combination 126 thereof. 127 (2) In connection with the performance of a particular city contract, "good 128 faith efforts" shall mean those measures which are proposed to allow 129 equitable participation of minority, service disabled veteran and woman 130 employees and subcontractors. 131 132 Minority, Service Disabled Veteran and Woman Contractors Bid List: A list of 133 contractors who have completed and filed with the purchasing agent the city's 134 bidder application indicating that their firm is a minority-owned, service disabled 3 135 veteran or woman -owned business. The purchasing agent shall maintain the list 136 and shall organize the list by category of business. Such list shall be provided, 137 upon request, in its entirety or by relevant category, to any interested party. The 138 list shall not be deemed to constitute an endorsement of the qualifications of any 139 business included on the list. 140 141 Minority-owned Business: A business or other entity that is at least fifty-one (51) 142 percent owned and controlled by one (1) or more socially and economically 143 disadvantaged person(s). For purposes of this definition, the term "control" shall 144 mean exercising the power to make policy decisions and being actively involved 145 in day-to-day management. Such disadvantage may arise from cultural, racial, 146 chronic economic circumstance or background; or other similar cause. Such 147 persons include, but are not limited to, Black Americans, Hispanic Americans, 148 Asian Americans, Eskimos, and Aleuts. 149 150 Service disabled veteran: means a veteran who (i) served on active duty in the 151 United States military ground, naval, or air service, (ii) was discharged or 152 released under conditions other than dishonorable, and (iii) has a service - 153 connected disability rating fixed by the United States Department of Veterans 154 Affairs. 155 156 Service disabled veteran business: means a business concern that is at least 157 51 % owned by one or more service disabled veterans or, in the case of a 158 corporation, partnership, or limited liability company or other entity, at least 51% 159 of the equity ownership interest in the corporation, partnership, or limited liability 160 company or other entity is owned by one or more individuals who are service 161 disabled veterans and both the management and daily business operations are 162 controlled by one or more individuals who are service disabled veterans. 163 164 Small business means a business, independently owned and controlled by one 165 or more individuals who are U.S. citizens or legal resident aliens, and together 166 with affiliates, has 250 or fewer employees, or annual gross receipts of $10 167 million or less averaged over the previous three years. One or more of the 168 individual owners shall control both the management and daily business 169 operations of the small business. 170 171 DMBE-certified Small Business, including Woman, Service Disabled Veteran and 172 Minority-owned businesses, Subcontracting Participation Plan: A plan detailing, 173 at a minimum: Whether the contractor intends to utilize any subcontractors; what, 174 if any, DMBE-certified small business, including woman -owned, service disabled 175 veteran -owned and minority-owned, subcontractors the contractor intends to 176 utilize; the work to be performed by each DMBE-certified small business, 177 including woman -owned, service disabled veteran -owned and minority-owned 178 subcontractor; the anticipated amount or percentage to be paid to each DMBE- 179 certified small business, including woman -owned, service disabled veteran - 180 owned and minority-owned subcontractor; the composition of the contractor's 0 181 workforce, specifically indicating the percentage of woman, service disabled 182 veteran and minority employees in their company; the percentage of woman, 183 service disabled veteran and minorities in management positions, supervisory 184 positions, professional positions, and nonprofessional positions; what steps the 185 contractor has taken to solicit subcontracting bids from DMBE-certified small 186 businesses, includingwoman-owned, service disabled veteran-owned and 187 minority-owned subcontractors; which DMBE-certified small businesses, 188 including woman-owned, service disabled veteran-owned and minority-owned 189 businesses the contractor has solicited; if the contractor has elected not to utilize 190 a DMBE-certified small business, including woman-owned, service disabled 191 veteran-owned or minority-owned, subcontractor, an explanation of the decision; 192 and any additional Good-faith Minority-owned, Service Disabled Veteran-owned 193 and Woman-owned Business Participation Efforts the contractor intends to make 194 in connection with the contract. 195 196 Woman-owned Business: A business or other entity that is at least fifty-one (51) 197 percent owned and controlled by a woman or women. For purposes of this 198 definition, the term "control" shall mean exercising the power to make policy 199 decisions and being actively involved in day-to-day management. 200 201 Section 2-224.2. - Reserved. 202 203 Section 2-224.3. — DMBE-certified small business, including woman and 204 Mminority-owned business opportunities — Construction contracts; bid 205 requirements. 206 207 (a) Notice of every invitation to bid on city construction contracts in excess of 208 fifty thousand dollars ($50,000.00) shall be provided to each business 209 included in the relevant category of the Minority, Service Disabled Veteran 210 and Woman Contractors Bid List. In addition, the purchasing agent shall 211 also forward such notices, upon request, to any minority organization or 212 other interested party. Notice of the solicitation shall be provided to all 213 DMBE-certified small businesses in the relevant industry sector located 214 within 50 miles of the city. 215 (b) If a pre-bid meeting is held the purchasing agent or designee shall 216 provide prospective contractors with direction regarding the resources for 217 locating DMBE-certified small businesses offered by the Virginia 218 Department of Minority Business Enterprises. 219 k)LqLEvery bid submitted in response to an invitation to bid on a city 220 construction contract in excess of fifty thousand dollars ($50,000.00) shall 221 be required to contain a proposed DMBE-certified Small Business, 222 including Woman, Service Disabled Veteran and Minority-owned 223 Businesses, Subcontracting Participation Plan. The successful contractor 224 shall update his DMBE-certified Small Business, including Woman, 225 Service Disabled Veteran and Minority-owned Businesses, Subcontracting 226 Participation Plan prior to the execution of the contract with the City. The 227 final DMBE-certified Small Business, including Woman, Service Disabled 228 Veteran and Minority-owned Businesses, Subcontracting Participation 229 Plan shall become a part of the contract with the city. 230 (s) (d) The purchasing agent shall provide, upon request, to all prospective 231 prime construction contractors, a list of all businesses included in the 232 relevant categories of the Minority, Service Disabled Veteran and Woman 233 Contractors Bid List; provided, however, that the list shall not be deemed 234 to include all available minority-owned or woman -owned subcontractors, 235 nor shall it be deemed to constitute an endorsement of the qualifications of 236 any subcontractor included on the list. 237 238 Section 2-224.4. - Same—Contracts for provision of goods and services. 239 240 Solicitations for contracts of more than fifty thousand dollars ($50,000.00) shall 241 include at least three (3) DMBE-certified small businesses, including Minority - 242 owned Businesses, Service Disabled Veteran -owned Businesses or Woman - 243 owned Businesses that are included on the list maintained pursuant to section 2- 244 224.1 and are in the business of supplying goods or services of the kind to be 245 procured, unless the list contains less than three (3) DMBE-certified small 246 businesses, including Minority-owned Businesses, Service Disabled Veteran - 247 owned Businesses and Woman -owned Businesses which are in the business of 248 supplying goods or services of the kind to be procured. In addition, the 249 purchasing agent shall forward such solicitations, upon request, to any minority 250 organization or other interested 251 252 Section 2-224.5. Same – Procurement of professional and other than 253 professional services by competitive negotiation. 254 255 (a) Notice of every request for proposals ("RFP") shall be provided to each 256 business included in the relevant category of the Minority, Service 257 Disabled Veteran and Woman Contractors Bid List. In addition, the 258 purchasing agent shall also forward such notices, upon request, to any 259 minority organization or other interested party. Notice of the solicitation 260 shall be provided to all DMBE-certified small businesses in the relevant 261 industry sector located within 50 miles of the city. 262 (b) If a pre-bid meeting is held, the purchasing agent or designee shall 263 provide prospective contractors with direction regarding the resources for 264 locating DMBE-certified small businesses offered by the Virginia 265 Department of Minority Business Enterprises. 266 (b)LcL_Every proposal submitted in response to a RFP shall be required to 267 contain a proposed DMBE-certified Small Business, including Woman, 268 Service Disabled Veteran and Minority-owned Businesses, Subcontracting 269 Participation Plan. The successful contractor shall update his DMBE- 270 certified Small Business, including Woman, Service Disabled Veteran and 271 Minority-owned Businesses, Subcontracting Participation Plan prior to the 272 execution of the contract with the City. The final DMBE-certified Small G 273 Business, including Woman, Service Disabled Veteran and Minority_ 274 owned Businesses, Subcontracting Participation Plan shall become a part 275 of the contract with the City. 276 {c4 (d) Compliance with the provisions of section 2-224.2, "Employment 277 discrimination by contractor prohibited," shall be considered in the RFP 278 evaluation and contractor selection process. 279 280 Section 2-224.6. Responsible and responsive bidder; qualified offeror. 281 282 (a) The provisions of this subdivision shall be used as criteria in determining 283 whether a bidder is deemed to be responsible and responsive, or whether 284 an offeror is deemed to be fully qualified, and no contract shall be 285 awarded to a bidder or offeror who has not complied with the provisions 286 herein. Failure to submit a proposed DMBE-certified Small Business, 287 including Woman, Service Disabled Veteran and Minority-owned 288 Businesses, Subcontracting Participation Plan with a bid or proposal shall 289 result in the bid or proposal being declared nonresponsive 290 (b) For contracts with a value exceeding $50,000 where the contractor 291 intends to utilize subcontractors the DMBE-certified Small Business, 292 including Woman Service Disabled Veteran and Minority-owned 293 Businesses Subcontracting Participation Plan required by this section 294 must either: (i) provide for at least 50% of the value of the subcontracted 295 work to be provided by a DMBE-certified small business, or (ii) provide 296 documentation showing with specificity, the efforts undertaken by the 297 prospective contractor to meet the 50% usage requirement. 298 (c) If a subcontracting plan does not meet the requirements of subsection b, 299 the entire bid or proposal shall be declared nonresponsive to the 300 solicitation. 301 302 Section 2-224.7. - Public inspection of records. 303 304 In accordance with the Virginia Freedom of Information Act, a bidder's or 305 contractor's Woman, Service Disabled Veteran and Minority Participation Plan 306 shall be open to public inspection. 307 308 Section 2-224.8 — Penalties. 309 310 (a) Any bidder or contractor that intentionally makes a material 311 misrepresentation in connection with any of the information required by 312 subdivision shall be debarred from contracting with the city for a period of 313 two (2) years from the date of notification of such debarment. 314 (b) Prior to final payment, each contractor shall submit a report documenting 315 its efforts undertaken in compliance with its final DMBE-certified Small 316 Business, includinq_Woman, Service Disabled Veteran and Minority_ 317 owned Businesses, Subcontracting Participation Plan. The report shall 318 include, at a minimum: A statement of whether any DMBE-certified small 7 319 business subcontractors were utilized; a list of any DMBE-certified small 320 businesses, including woman -owned and minority-owned subcontractors 321 utilized; a brief description of the work performed by each DMBE-certified 322 small _ business, including woman -owned and minority-owned 323 subcontractors; the amount paid to each DMBE-certified small business. 324 including, woman -owned and minority-owned subcontractors; and any 325 additional Good -faith Minority-owned, Service Disabled Veteran -owned 326 and Woman -owned Business Participation Efforts the contractor made in 327 connection with the contract. A contractor will not receive final payment 328 under a contract until he submits the documentation required by this 329 subsection. 330 (c) If actual woman, service disabled veteran and minority participation 331 substantially deviates below the levels outlined in the final DMBE-certified 332 Small Business, including Woman, Service Disabled Veteran and Minority_ 333 owned Businesses, Subcontracting Participation Plan, the contractor shall 334 provide an explanation for the deviation within ten (10) days of a request 335 by the city for such explanation. If the explanation for the deviation lacks 336 reasonable justification that rises to the level of dishonesty or in the event 337 the contractor refuses to submit an explanation for the deviation, the 338 contractor may be debarred from contracting with the city for a period of 339 up to two (2) years from the date of notification of such debarment. 340 (d) The debarment of any bidder or contractor pursuant to this subdivision 341 shall be deemed to include the debarment of any successor corporation, 342 partnership, firm or other entity controlled or managed by any officer, 343 director, partner or controlling shareholder of the debarred bidder or 344 contractor. Adopted by the City Council of the City of Virginia Beach, Virginia, this _ day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PIACIff 14-r Finance Department Cit Ziffice CA11902 R-5 September 14, 2011 �`4G1r11A BEAL,�L 04 9 Administrative Directive S S OF OIIR NPT�ON Title: DMBE-Certified Small Businesses, Including Woman and Minority- Owned Businesses, Enhancement Program Small Purchase Procedures Index Number: AD 6.09 Date of Adoption: 08/31/07 Date of Revision: _/_/2011 Page 1 of 3 1.0 Purpose and Need The City of Virginia Beach is committed to increasing the participation of DMBE-certified small businesses, including woman and minority-owned businesses, in its procurement activities. All departments are responsible and accountable for projecting the City's image to fairly reflect Virginia Beach as a City of ethnic and racial diversity when conducting the City's business, particularly when recommending and awarding contracts and purchase orders. 2.0 Administrative Directive It is the City's policy to enhance awareness of the need, and thereby the accountability for, increasing the participation of DMBE-certified small businesses, including woman and minority-owned businesses, in City procurements and contracts and to provide maximum practicable opportunities to such businesses. 3.0 Procedure to Accomplish Administrative Directive A. The Finance Department, Purchasing Division shall be responsible for policies and procedures that will support increased participation in City procurement and contracts, as well as recommend related legislative changes. B. Department Directors, in conjunction with the Purchasing Agent, shall be responsible for developing and implementing plans to increase the use of DMBE-certified small businesses, including woman and minority-owned businesses, wherever practicable, and in accordance with policies and procedures, for procurements within their delegated authority. Performance reviews for City Department Directors shall include the results of their minority participation efforts of the prior year, as well as their plans for the coming year. 4.0 Responsibility and Authority A. The Finance Department, Purchasing Division shall be responsible for: 1. Centralized monitoring, analysis and reporting on the progress regarding the participation of DMBE- certified small businesses, including woman and minority-owned businesses, in City contracts and subcontracts. 2. Creating an awareness of the benefits of working with DMBE-certified small businesses, including woman and minority-owned businesses, through outreach, marketing, education and training. 3. Giving special recognition and awards to individuals and departments that make outstanding contributions to the success of the City's increased contract awards to DMBE-certified small businesses, including, woman and minority-owned businesses. 4. Focusing on continued identification of emerging small businesses, including woman and minority- owned businesses. 5. Maintaining a woman and minority-owned business database accessible to all City agencies and to the public. This database shall be a complement to the DMBE-certified small business database, 6. Promulgating procedures for inclusion of DMBE-certified small businesses, including woman and minority-owned businesses, in the City's purchasing activities that are consistent with competitive practices and departmental delegated authority. 7. Auditing and reviewing purchases made under delegated authority for compliance with the DMBE- certified small business, including woman and minority-owned business, participation procedures 8. Providing reports to the Minority Business Council on the DMBE-certified small business, including woman and minority business participation on a regular basis. 4. Responsibility and Authority (continued) B. City Department Directors with delegated procurement authority are responsible for: 1. Providing forecasts of contract opportunities on a quarterly basis for publication on the Minority Business Council webpage, BEACHnet and related communication , mediums. Each City department will also post this information on their individual webpage. 2. Promoting and adhering to the DMBE-certified small business, including woman and minority- owned business, participation procedures by those departmental members exercising delegated purchasing responsibilities. 3. Developing departmental strategies to assist those members with delegated purchasing authority to publicize small purchase opportunities at the department level. 4. Participating in outreach efforts in City hosted workshops, seminars, conferences and expos, networking events and for referring prime contractors to the Purchasing Division for a potential list of DMBE-certified small businesses, including woman and minority-owned businesses. 5. Debundling contracts to facilitate DMBE-certified small business, including woman and minority business, participation whenever practical. 6. Identifying and recruiting woman and minority-owned businesses to be included in the City's database. 7. Processing invoices promptly, forwarding to Finance/Accounts Payable within fourteen (14) days. 8. Reporting to the Purchasing Agent all subcontracting results of each construction contract. 5.0 Definitions Most definitions relating to this subject matter can be found in City Code Section 2-224.1 through 2-224.8, and should be referred to in implementing this directive. For purposes of this section, the following words shall have the meanings: A. Woman and Minority-owned Business Database —A list of vendors and contractors maintained by the Purchasing- Agent of woman -owned or minority-owned businesses, organized by category of business. B. Minority-owned or Woman -owned Business —A business or other entity that is at least fifty-one (51) percent owned and controlled by one or more socially and economically disadvantaged person(s). For purposes of this definition, the term "control" shall mean exercising the power to make policy decisions and being actively involved in day-to-day management. Such disadvantage may arise from cultural, racial, chronic economic circumstance or background, or other similar cause. Such persons include, but are not limited to, Black Americans, Hispanic Americans, Asian Americans, Native Americans, Eskimos and Aleuts. C. DMBE — the Virginia Department of Minority Business Enterprises. D. DMBE-certified Small Business — a small business that has been certified by DMBE. E. Small Purchase Procedures: • The Purchasing Agent has delegated to all Using Agencies the authority to purchase goods or services under $1,000 in accordance with the provisions of the Delegation of Procurement Authority section of the Purchasing Manual. Among the vendors considered, agencies shall consider woman or minority-owned businesses, if available. If there is a DMBE-certified small business offering the goods or services required at a competitive price, the Using Agency will purchase the goods or services from the DMBE-certified small business. • All Using Agencies that have direct access to the ViBES system have a granted procurement authority of $5,000, except for the items noted in the Purchasing Manual. A Using Agency may be granted procurement authority in excess of $5,000 upon written approval of the Purchasing Agent. All orders of $1,000 must have a purchase order issued; Using Agency to enter a requisition and Title: DMBE-Certified Small Businesses, Including Woman and Index Number: AD 6.09 Minority -Owned Businesses, Enhancement Program Small Purchase Procedures Date of Adoption: 08/31/07 Date of Revision: _/_/2011 Page 2 of 3 8. Providing reports to the Minority Business Council on the DMBE-certified small business, including woman and minority business participation on a regular basis. 4. Responsibility and Authority (continued) B. City Department Directors with delegated procurement authority are responsible for: 1. Providing forecasts of contract opportunities on a quarterly basis for publication on the Minority Business Council webpage, BEACHnet and related communication , mediums. Each City department will also post this information on their individual webpage. 2. Promoting and adhering to the DMBE-certified small business, including woman and minority- owned business, participation procedures by those departmental members exercising delegated purchasing responsibilities. 3. Developing departmental strategies to assist those members with delegated purchasing authority to publicize small purchase opportunities at the department level. 4. Participating in outreach efforts in City hosted workshops, seminars, conferences and expos, networking events and for referring prime contractors to the Purchasing Division for a potential list of DMBE-certified small businesses, including woman and minority-owned businesses. 5. Debundling contracts to facilitate DMBE-certified small business, including woman and minority business, participation whenever practical. 6. Identifying and recruiting woman and minority-owned businesses to be included in the City's database. 7. Processing invoices promptly, forwarding to Finance/Accounts Payable within fourteen (14) days. 8. Reporting to the Purchasing Agent all subcontracting results of each construction contract. 5.0 Definitions Most definitions relating to this subject matter can be found in City Code Section 2-224.1 through 2-224.8, and should be referred to in implementing this directive. For purposes of this section, the following words shall have the meanings: A. Woman and Minority-owned Business Database —A list of vendors and contractors maintained by the Purchasing- Agent of woman -owned or minority-owned businesses, organized by category of business. B. Minority-owned or Woman -owned Business —A business or other entity that is at least fifty-one (51) percent owned and controlled by one or more socially and economically disadvantaged person(s). For purposes of this definition, the term "control" shall mean exercising the power to make policy decisions and being actively involved in day-to-day management. Such disadvantage may arise from cultural, racial, chronic economic circumstance or background, or other similar cause. Such persons include, but are not limited to, Black Americans, Hispanic Americans, Asian Americans, Native Americans, Eskimos and Aleuts. C. DMBE — the Virginia Department of Minority Business Enterprises. D. DMBE-certified Small Business — a small business that has been certified by DMBE. E. Small Purchase Procedures: • The Purchasing Agent has delegated to all Using Agencies the authority to purchase goods or services under $1,000 in accordance with the provisions of the Delegation of Procurement Authority section of the Purchasing Manual. Among the vendors considered, agencies shall consider woman or minority-owned businesses, if available. If there is a DMBE-certified small business offering the goods or services required at a competitive price, the Using Agency will purchase the goods or services from the DMBE-certified small business. • All Using Agencies that have direct access to the ViBES system have a granted procurement authority of $5,000, except for the items noted in the Purchasing Manual. A Using Agency may be granted procurement authority in excess of $5,000 upon written approval of the Purchasing Agent. All orders of $1,000 must have a purchase order issued; Using Agency to enter a requisition and Title: DMBE-Certified Small Businesses, Including Woman and Index Number: AD 6.09 Minority -Owned Businesses, Enhancement Program Small Purchase Procedures Date of Adoption: 08/31/07 Date of Revision: _/_/2011 Page 3 of 3 create a purchase order in the ViBES system. When practicable, buyer solicits a minimum of three (3) written quotations, depending on dollar volume and amount of competition. Of the quotations solicited, the buyer shall solicit at least one (1) quotation from a woman or minority-owned business, if available. The three (3) quotations must be from DMBE-certified small businesses, if available. If the Using Agency or buyer is unable to obtain three (3) quotations from DMBE-certified small businesses, the procurement file will reflect the efforts taken to locate DMBE-certified small businesses. Upon approval by the Purchasing Agent, departments may be authorized to obtain informal price quotations for small purchases greater than $30,000 but not exceeding $50,000. When practicable, the buyer solicits written informal quotations from a minimum of four (4) bidders. Of the quotations solicited, the buyer shall solicit at least two (2) quotations from woman or minority-owned businesses, if available. The four (4) quotations must be from DMBE- certified small businesses, if available. If the buyer is unable to obtain four (4) quotations from DMBE-certified small businesses, the procurement file will reflect the efforts taken to locate DMBE-certified small businesses. 6.0 Specific Requirements On an annual basis, a consolidated annual report will be prepared by the Purchasing Division for presentation to the Minority Business Council and to City Council. The annual report shall also detail past and planned activities and contain recommendations for improvement in increasing awards to woman and minority-owned businesses, as appropriate. 7.0 Service -Disabled Veteran -Owned Businesses To the extent practicable, the Finance Department, Purchasing Division shall identify service -disabled veteran - owned businesses for solicitations. For those service -disabled veteran -owned business that are DMBE-certified small businesses, the solicitation of such businesses shall be the same as the solicitation of woman and minority-owned DMBE-certified small businesses discussed above. Approved as to Content: Approved as to Legal Sufficiency: Approved: Approved: Director, Department of Finance City Attorney's Office Date Date Chief of Finance and Technology Date City Manager Date DMBE-CERTIFIED SMALL BUSINESS, INCLUDING WOMAN AND MINORITY-OWNED BUSINESSES, SMALL PURCHASE PROGRAM IN A.D. 6.09 1. Any procurement with an anticipated value of less than $1,000 Current City Purchasing Policy: delegated authority to agencies. Agencies are encouraged to seek woman or minority-owned businesses. Proposed: if there is a DMBE-certified small business, including woman and minority-owned businesses, offering the goods/service required at a competitive price, purchase from the DMBE-certified small business. 2. Any procurement with an anticipated value between $1,000 and $30,000 Current City Purchasing Policy: the Purchasing Manual and AD 6.09 require the solicitation of three quotes (by phone or in writing). AD 6.09 requires one of the solicitations be from a woman or minority-owned business, if available. Proposed: three solicitations of quotes must be from DMBE-certified small business, including woman and minority-owned businesses, if available. A minimum of one of the solicitations must be from a woman or minority-owned business, if available. 3. Any procurement with an anticipated value between $30,000 and $50,000 Current City Purchasing Policy: the Purchasing Manual and AD 6.09 require four written informal quotes to be solicited. AD 6.09 requires that the solicitation include at least two quotes from a woman or minority-owned business, if available Proposed SWAM Enhancement: four written quotes must be from DMBE- certified small business, including woman and minority-owned businesses, if available. A minimum of two of the solicitations must be from a woman or minority-owned business, if available H. u f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Moving the November 8, 2011 Regular Meeting of the City Council to November 1, 2011, at 6 P.M. MEETING DATE: September 27, 2011 ■ Background: The City Charter provides that City Council shall have the power to adopt rules of procedure, including the time and place of holding regular meetings of the Council. Based on this authority, the Council has provided the time, place, and frequency of regular meetings in the City Code. Regular meetings are held on the second and fourth Tuesdays of each month at 6 p.m. in the City Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia. State law allows a governing body to move the day of its regular meeting upon passage of a resolution providing the future meeting day. A copy of such resolution is to be posted on the door of the public meeting place and inserted in a newspaper having general circulation in the City at least seven days prior to the rescheduled meeting. ■ Considerations: November 8, 2011 is the second Tuesday of November. This date is also the date of the 2011 general election. The City does not want any citizen to have to choose between exercising of the right to vote and the participation in City business. Those items that would be scheduled for the November 8th regular meeting are to be scheduled for November 1St. Additionally, any workshop or briefing that would otherwise be scheduled on November 1St could be provided at the Council Informal Session as part of that day's agenda. ■ Public Information: Public information will be provided through the normal Council agenda process. After adoption, the resolution will be posted on the door of the Council Chambers and a notice will be provided for the Beacon with the contents of the resolution. ■ Attachments: Resolution. Recommended Action: Approval Submitting Department/Agency: City AttorneyftD� City Manage . j � , 7�!e w -t 1 A RESOLUTION MOVING THE NOVEMBER 8, 2011 2 REGULAR MEETING OF THE CITY COUNCIL TO 3 NOVEMBER 1, 2011 4 5 WHEREAS, the City Code provides the regular formal meetings of City Council 6 shall be held in the Council Chambers of the City Hall Building on the second and fourth 7 Tuesdays of each month at 6:00 p.m.; and 8 9 WHEREAS, state law provides that a regular meeting of the City Council may be 10 scheduled for a day other than the usual day upon adoption of a resolution; and 11 12 WHEREAS, November 8th is the 2011 general election; and 13 14 WHEREAS, the City Council does not want any citizen to have to choose 15 between exercising the right to vote and participation in City business. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, THAT: 19 20 1. The regular City Council meeting scheduled for November 8, 2011, shall be held 21 on November 1, 2011. 22 2. The time and location for the City Council Formal Session shall remain at 6 p.m. 23 and City Council Chambers. 24 3. The agenda setting the time and schedule of the Informal Session shall be 25 provided in the same manner as this information is normally provided. 26 4. The City Clerk shall post a copy of this resolution on the door of the City Council 27 Chambers from the date of adoption until 6pm on November 1, 2011, and 28 provide a notice at least seven days prior to November 1, 2011, in a newspaper 29 of general circulation in the City. 30 31 Adopted by the City Council of the City of Virginia Beach, Virginia, this 32 day of '2011. APPROVED AS TO LEGAL SUFFICIENCY: t Heys Office CA12044 R-1 September 21, 2011 C . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving a Cooperative Agreement Between the City Council and the School Board of the City of Virginia Beach Pertaining to Legal Services to be Provided to the School Board and School Administration by the Office of the City Attorney in Fiscal Year 2012 MEETING DATE: September 27, 2011 ■ Background: Since 1996, the City Council has entered into a Cooperative Agreement for the City Attorney to provide legal services to the School Board. Each year, the Agreement is presented to the City Council for approval. On June 21, the School Board approved the attached Cooperative Agreement. ■ Considerations: Under the Cooperative Agreement between City Council and the School Board, the City Attorney's Office will continue to provide 4,125 hours of legal service to the School Division and will be reimbursed for the direct cost of those services. One Deputy City Attorney (Kamala H. Lannetti), one Associate City Attorney (LaRana J. Owens), and one legal secretary (Anna Blanton) are located in the School Administration Building, and the Deputy City Attorney coordinates the delivery of additional legal services, as needed, by other attorneys in the City Attorney's Office, as well as outside counsel. ® Public Information: The ordinance is to be advertised as a routine agenda item. ■ Recommendation: It is recommended that the City Council approve the Cooperative Agreement and authorize Mayor Sessoms to execute it on behalf of the City Council. ■ Attachments: Ordinance Cooperative Agreement Recommended Action: Approval Submitting Department/Agency: City Attorney (r cb City Manage(;:. LZ30-j, AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2012 WHEREAS, the Office of the City Attorney has, for a number of years, provided legal services to the Virginia Beach School Board and School Administration pursuant to Cooperative Agreements; WHEREAS, the Cooperative Agreement for FY 2011, which expires on June 30, 2011, provides that "[t]his Cooperative Agreement ... may be revised, as necessary, and renewed each fiscal year ...;" and WHEREAS, City Council agrees that it is in the best interests of the City and the School Board for the Office of the City Attorney to continue to provide legal services to the School Board pursuant to the revised Cooperative Agreement for FY 2012. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby approves the Cooperative Agreement for FY 2012, a copy of which is attached hereto. 2. That the Mayor is hereby authorized to execute the Cooperative Agreement on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney CA12034 R-1 September 9, 2011 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2012 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Leeal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 7 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with. the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Obiectives• The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery Page 2 of 7 of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of two and one half (2 %2) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2012. The services to be provided as follows: A. The City Attorney will assign two attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time (i.e., approximately 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and LaRana Owens, Associate City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1D. B. The City Attorney will dedicate one Secretary on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school -related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, Page 3 of 7 litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney, or by any other attorney providing services to the School Board, . the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of Page 4 of 7 the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. Page 5of7 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of 5368,498.95 its FY 2012 Operating Budget to the FY 2012 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Secretary. IDT requests of 25% of the total shall be :made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2011, and ends June 30, 2012, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Page 6 of 7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: Daniel D. Edwards, Chairman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on Tu rw- 21 , 2011. By: U"tl� School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH William Sessoms, Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on 92011. By: City Clerk Page 7 of 7 i _ a L. . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing the City Manager to Execute a Lease Between Richmond 20MHz, LLC, d/b/a NTELOS and the City for Certain Property to be Used for Wireless Telecommunications Facilities MEETING DATE: September 27, 2011 ■ Background: For approximately the last fifteen years, Richmond 20MHz, LLC, d/b/a NTELOS, (or its predecessor), has leased a small site located at 2061 Chicory Street, an unimproved right-of-way, for purposes of maintaining a small cabinet housing equipment used in conjunction with a cell tower antenna located on a Dominion Virginia Power transmission tower adjacent to the area to be leased. NTELOS has requested that the City enter into a new lease with it at the expiration of the current lease in October 2011. ■ Considerations: The proposed lease is for the area on which the existing equipment building is located, together with necessary access and maintenance easements. Because the antenna itself is located on an existing Dominion transmission tower, no lease is needed for the antenna. The property was purchased several years ago by the City for the Southeastern Parkway and Greenbelt (SEPG). There will be no physical change to the site. The proposed lease is for a term in excess of five (5) years and therefore was required to be the subject of a bid process. NTelos was the only bidder. During at least the initial ten-year term of the lease, no municipal use of the property, including the construction of the SEPG itself, is contemplated. If the property is needed for the SEPG (or for any other municipal use), however, the City would not be required to pay any compensation for the removal or relocation of the equipment or for any other purpose. NTelos, however, could terminate the lease. The proposed first-year rent is $6,955.64 per year with annual increases of 3%. Other of the material terms are set forth in the attached Summary of Material Terms. ■ Public Information: The public hearing on the proposed lease has been advertised in accordance with applicable requirements of law. ■ Alternatives: The City Council may either approve or disapprove the proposed lease. Given that (1) the site has been in use since approximately 1998 with no adverse impact on City operations, (2) there is no other potential use of the property until the construction of the Southeastern Parkway, which is unlikely to occur at least until well after the initial ten-year term of the lease; and (3) the rent provides income from the property not otherwise possible, the Staff recommends approval of the lease. ■ Recommendations: Adoption of ordinance. ■ Attachments: Ordinance, Summary of Material Terms. A full copy of the lease is available in the City Attorney's Office. Recommended Action: Approval Submitting Department/Agency:: Public Works/ Faci ities Management City ManagerC tr' �Kn' 1 AN ORDINANCE TO AWARD A LEASE OF A PORTION OF 2 THE CITY PROPERTY LOCATED AT 2061 CHICORY 3 STREET FOR THE PURPOSE OF CONSTRUCTING, 4 MAINTAINING AND OPERATING WIRELESS 5 TELECOMMUNICATIONS FACILITIES 6 7 WHEREAS, the Clerk has laid before the City Council an ordinance adopted August 8 23, 2011, providing for bids for a lease of a portion of the City property located at 2061 9 Chicory Street, in the Princess Anne District, for the purpose of constructing, maintaining 10 and operating wireless telecommunications facilities, together with a certificate of due 11 publication of the same once per week for two successive weeks in a newspaper of 12 general circulation in the City, in the manner prescribed by law; and 13 14 WHEREAS, Richmond 20MHz, d/b/a NTelos Wireless, has submitted the highest 15 bid for the award of such lease, which bid was delivered to the Mayor in open session on 16 the day and hour named in the advertisement and was read aloud; and 17 18 WHEREAS, the Mayor then and there inquired for any further bids, and none were 19 submitted; and 20 21 WHEREAS, in the opinion of the City Council, it is expedient and in the best 22 interests of the City that the said lease should be granted to Richmond 20MHz, d/b/a 23 NTelos Wireless; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. That the bid of Richmond 20MHz, d/b/a NTelos Wireless be, and hereby is, 29 accepted, and that the aforesaid lease be, and hereby is, awarded to Richmond 20MHz, 30 d/b/a NTelos Wireless, upon the conditions set forth in such lease. 31 32 2. That the name of Richmond 20MHz, d/b/a NTelos Wireless shall be inserted 33 in the aforesaid lease, and that the City Manager shall execute, on behalf of the City, the 34 aforesaid lease entitled "Communication Tower Site Lease Agreement (Chicory Street), 35 City of Virginia Beach, Lessor and Richmond 20MHz, d/b/a NTelos (Lessee) a summary of 36 the material terms of which is hereto attached and a copy of which is on file in the Office of 37 the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 40 , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUF ICIIrNCY: Public Works/F cilities Management City Attorney's Office NTELOS LEASE AGREEMENT Summary of Material Terms Location: 2061 Chicory Street (Princess Anne District) Use: Continue pre-existing use of a building housing equipment used in conjunction with wireless telecommunications antenna located on electrical transmission tower adjacent to leased area Lessee: Richmond 20MHz, LLC, d/b/a/ NTELOS Leased Area: As shown on lease exhibit, with access and maintenance easements, for accessory outbuilding housing telecommunications equipment Term: Ten years with two 5 -year options to renew Rent: $6,955.64 for the first year; 3% annual increase after 1 st year Other: Lessee's operation not to interfere with City functions; Lessee must correct interference immediately or, if not correctable, lease may be terminated within 30 days Lessee may expand, etc. building only with City's consent Lessee required to comply with all terms of conditional use permit Lessee required to carry $1,000,000 comprehensive insurance, plus other insurances Lessee required to indemnify City for injuries, etc., caused by Lessee's negligence, etc,. Lessee must remove antennas and building and restore premises to original condition within 90 days of expiration or termination of lease No compensation dues Lessee if City needs property in the future T� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept the Donation of a Shelter Support Unit to Provide Supplies and Equipment for the Medically Friendly Shelter Program MEETING DATE: September 27, 2011 ■ Background: The Hampton Roads Planning District Commission (HRPDC) plans to purchase Shelter Support Units (SSU) on behalf of the Hampton Roads jurisdictions. The SSU is a trailer that comes stocked with medical supplies, which would stock a facility with 50-100 cots. The intent of HRPDC is to support the functional and medical needs of individuals in shelters during mass casualty events or disasters using funds from Department of Homeland Security Urban Areas Securities Initiatives (UASI), Metropolitan Medical Response System (MMRS) grants, and funds collected from the HRPDC jurisdictions. After purchase by HRPDC, it intends to transfer ownership of these units to localities at no cost. The recipient locality will agree to basic conditions including storage, maintenance, and insurance of the trailer. In addition to the basic conditions, the agreement would ask that the City honor mutual aid requests from other Hampton Roads jurisdictions for use of the SSU (when available) during mass casualty events or disasters that exceed the resources of the requesting party. A copy of the form agreement from HRPDC is attached to this agenda item. The City of Virginia Beach has established a program to provide a Medically Friendly Shelter (MFS) to house residents with special needs during a hurricane or other disaster. These efforts include: a number of departments have participated in planning and exercises over the past two years; City -funded improvements to the Virginia Beach Fieldhouse for shelter -use; the establishment of a smaller scale MFS at Salem High School. The MFS program was successfully activated during Hurricane Irene. The City has been steadily acquiring a cache of materials for the MFS program with the goal of supporting 300 medical clients at the Field House during a Category 2 Hurricane. As part of the effort, the Department of Emergency Medical Services anticipated the arrival of the SSU and reduced City expenditure projections accordingly. The SSU provides durable equipment and core supplies for a 50+ cot facility as well as serving as the foundation for a larger shelter set up. The SSU, valued at $103,145 ($17,459 for the trailer and $85,686 for the contents), represents a significant cost avoidance for the City. ■ Considerations: The logistics, planning and funding of the Virginia Beach MFS program included the commitment by HRPDC and MMRS to provide the materials contained in the SSU. If funds are available, the HRPDC will provide replacement materials as needed. As noted above, the majority of the value provided by this donation is the medical supplies that come with the trailer. Without these donated materials, the City would be required to purchase additional durable medical equipment, cots and supplies. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Alternatives: Decline the donation and purchase required equipment for Medically Friendly Shelters with City funds. ■ Recommendations: Accept the donated materials. ■ Attachments: Ordinance, Shelter Support Unit Donation Agreement Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services/;��/_ te City Manager: j � 1 AN ORDINANCE TO ACCEPT THE DONATION OF A 2 SHELTER SUPPORT UNIT TO PROVIDE SUPPLIES AND 3 EQUIPMENT FOR THE MEDICALLY FRIENDLY SHELTER 4 PROGRAM 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) A Shelter Support Unit valued at $103,145 including a trailer valued at 9 $17,459 and contents valued at $85,686, is hereby accepted from the Hampton Roads 10 Planning District Commission to provide supplies and equipment for 50 cot supplement to 11 the City's Medical Friendly Shelter Program; and 12 13 2) That the City Manager or his designee is hereby authorized to execute an 14 agreement with the Hampton Roads Planning Commission to accept the Shelter Support 15 Unit. 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: Management Services City o 's O ' e CA12040 R-1 September 13, 2011 Shelter Support Unit Donation Agreement This Donation Agreement is made and entered into this day of , 2011, by and between the Harripton Roads Planning District Commission at 723 Woodlake Drive, Chesapeake, Virginia 23320 ("HRPDC") and , having its address at ("Donee") The HRPDC has purchased the Shelter Support Unit (SSU) on behalf of Hampton Roads jurisdictions to support the functional and medical needs of individuals in shelters during mass casualty events or disasters using funds from Department of Homeland Security Urban Areas Securities Initiatives (UASI) and Metropolitan Medical Response System (MMRS) grants and funds collected from the HRPDC jurisdictions for MMRS sustainment, and agrees to transfer ownership of the SSU listed in Schedule 1 (Contents of Shelter Support Unit) to Donee at no cost under the following conditions: 1. Donee agrees to use the SSU to augment its sheltering capability for individuals with functional and medical needs during mass casualty events or disasters and agrees to honor mutual aid requests from other Hampton Roads jurisdictions for the SSU (when available) during mass casualty events or disasters that exceed the resources of the requesting party. 2. Donee agrees to provide proper storage, including temperature control and power connection, maintenance in accordance with generally accepted preventive maintenance schedules, and repair to maintain operational condition of the SSU. Donee agrees to provide liability and/or property/collision insurance, current licenses, registration, and inspections on the SSU. Donee agrees to notify the Deputy Executive Director of the HRPDC within 30 days if the SSU or any of its contents is damaged and requires repairs that Donee is unable to provide or repairs that Donee deem too costly to provide. Donee will have no obligations for replacement of the SSU or its contents in excess of covered losses from insurance claims. 3. HRPDC, through the Hampton Roads Metropolitan Medical Response System (HRMMRS), agrees to replace items used during training or that have expired or deteriorated, provided HRMMRS grant and sustainment funds are available. HRPDC shall have no other obligations for the repair and/or maintenance of the SSU. 4. Donee agrees to take possession of the SSU on an "as is" basis, without any representation or warranties, express or implied, including warranties of quality, performance or fitness for a particular purpose. Under no circumstances will the HRPDC be liable to Donee or any other party for any direct, indirect, incidental, special or consequential damages arising out of or related to this Agreement or the SSU. 5. Donee will receive all rights, titles and interest in the SSU. This transaction does not constitute a sale of the SSU. Donee agrees it will retain possession of the SSU and will notify the HRPDC of disposal or transfer of ownership of SSU during its useful life. 6. Donee will provide access to the SSU by any HRMMRS employee for the purposes of periodic inspection, inventory and replacement of expired or deteriorated supplies. Page 1 of 3 7. This Agreement is the entire agreement between the parties with respect to the SSU and replaces any prior oral or written communications between the parties. This Agreement may only be modified by a written document executed by the parties hereto. 8. This Agreement will be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. Hampton Roads Planning District Donee: Commission Title: Date: 040511; Approved HR -PDC 051911 IC Title: Date: Page 2 of 3 Schedule 1 Contents of Shelter Support Unit Page 3 of 3 f0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from FEMA for the Virginia Task Force Two Urban Search and Rescue Team MEETING DATE: September 27, 2011 ■ Background: The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2, Federal Emergency Management Agency (FEMA) Urban Search and Rescue Team. The Team was placed on alert August 23, 2011 for the 5.9 magnitude earthquake that struck Mineral, Virginia and alerted and activated for Hurricane Irene August 24 through August 30, 2011. 79 members of the VA-TF2 were deployed for five days to assist with search missions in flooded areas in the Northeast. Additionally, the VA-TF2 has been provided with funding authorization for a "No -Notice Thunderbolt Exercise." ■ Considerations: Upon activation and deployment, FEMA provides funding to reimburse participants for equipment, supplies and overtime supporting this event. As the sponsoring agency, the City of Virginia Beach Fire Department is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, the Department of Homeland Security (DHS)/FEMA authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment and demobilization of VA -TF 2. Based on the size and type of deployment, the estimated cost is $650,000; however, the actual cost will be better known once the reimbursement request documents have been completed. The funding for the "No -Notice Thunderbolt Exercise is $10,000. This exercise is designed to test the national search and rescue response system's capacity to achieve and maintain an alert status. ■ Public Information: Public information will be provided by the normal agenda process. ■ Recommendations: Appropriate FEMA funds for the VA-TF2. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manage . )4, 1 2 3 4 5 6 7 9 10 11 12 13 AN ORDINANCE TO APPROPRIATE FUNDS FROM FEMA FOR THE VIRGINIA TASK FORCE TWO URBAN SEARCH AND RESCUE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $660,000 in funding from the Federal Emergency Management Administration is hereby appropriated, with estimated federal revenue increased accordingly, to the FY 2011-12 Operating Budget of the Fire Department for mobilization and related activities of the Virginia Task Force Two Urban Search and Rescue Team related to an earthquake, Hurricane Irene flooding, and a readiness exercise. 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 Management Services CA12036 R-1 September 13, 2011 APPROVED AS TO LEGAL SUFFICIENCY: ZU CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $550,000 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund to the FY 2011-12 Operating Budget of the Convention and Visitors Bureau for Advertising and Marketing -Related Activities MEETING DATE: September 27, 2011 ■ Background: In July 1996, the City Council of Virginia Beach established the Tourism Advertising Program (TAP) Special Revenue Fund. The fund dedicates revenues from one cent of the percentage -based portion of the transient lodging tax, one-half cent of the restaurant meal tax, and a flat lodging tax of one dollar per night. These revenues support the City's advertising and marketing program and related activities, including the operation of Visitor Centers, to promote and increase tourist and convention visitation to this City. ■ Considerations: The original ordinance established City Council's intent to utilize the TAP Fund for the Advertising Program. At the close of FY 2010-11, the TAP Fund had an un -appropriated fund balance of $769,450, which is a result of 1) previously appropriated sums from the TAP Fund that have lapsed with the passage of time, and 2) accumulated interest in the fund. The realized fund balance was also increased by exceptional hotel and restaurant tax receipts during the first six months of calendar 2011. The fund balance is expected to increase for the balance of the current fiscal year. The Convention and Visitors Bureau is seeking to appropriate $550,000 of this fund balance to achieve the following: 1. Increase visitor profile research to a citywide, full -year format to assist in developing effective and efficient marketing programs to achieve City Council's related objective. ($200,000). 2. Underwrite the continuing evolution of leisure transient and convention sales advertising elements (print/online/television/radio) to the next level of "Live the Life" messaging, including creative concepts and production, and incorporate new sports marketing advertising elements into the evolving "Live the Life" brand ($150,000). 3. Upgrade photography library to support advertising, public relations and collateral material needs of all divisions ($50,000). 4. Increase functionality of the customized, web -based mobile telephone informational and promotional solution — WebApp — for leisure transient and group, convention sales, convention center and sports marketing ($50,000). 5. Purchase software from Tourism Economics to precisely calculate in-house the individual economic returns of events, conventions, promotions, etc., and potential returns based on variable cost inputs ($10,000). 6. Increase functionality of the sports marketing website's presentation of available facilities to support direct marketing activities ($40,000). 7. Update the CVB's "Destination Video," a general -use, multi -divisional marketing element that showcases Virginia Beach to all audiences ($50,000). If these funds are appropriated, the TAP Fund will have a fund balance of $219,450 to allow for an emergency reserve for unforeseen issues that may arise in the tourism industry and provide for annual capital funding for the Visitor Information Center. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Appropriate $550,000 from the fund balance of the Tourism Advertising Program Special Revenue Fund to allow for expansion of the city's tourist advertising. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manage . `L :'081iak 1 AN ORDINANCE TO APPROPRIATE $550,000 FROM 2 THE FUND BALANCE OF THE TOURISM 3 ADVERTISING PROGRAM SPECIAL REVENUE 4 FUND TO THE FY 2011-12 OPERATING BUDGET OF 5 THE CONVENTION AND VISITORS BUREAU FOR 6 ADVERTISING AND MARKETING -RELATED 7 ACTIVITIES 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That $550,000 from the Fund Balance of the Tourism Advertising Program 13 Special Revenue Fund is hereby appropriated, with estimated revenue increased 14 accordingly, to the FY 2011-12 Operating Budget of the Convention and Visitors Bureau 15 for advertising and marketing -related activities. 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: Management Services CA12037 R-1 September 13, 2011 APPROVED AS TO LEGAL SUFFICIENCY: A r s Office u• w � y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Appropriate Fund Balance of the DEA Seized Property Special Revenue Fund for the Enforcement of Seat Belt Laws MEETING DATE: September 27, 2011 ■ Background: Since the 1990s, the Virginia Department of Motor Vehicles has awarded grants to the Virginia Beach Police Department for enforcement initiatives. The Seat Belt Enforcement grant is a federal grant from the United States Department of Transportation National Highway Traffic Safety Administration that is passed through the State. This grant will be active from October 1, 2011, through September 30, 2012. Officers will use the funding for overtime for selective traffic enforcement, the Click -It -or - Ticket campaign, and several traffic checkpoints. This grant will also allow the purchase of speed detection devices to enforce primary violations, and if warranted, the secondary seat belt violation. ■ Considerations: The grant provides $65,680 of DMV funding and requires a $13,136 match, which will be provided by an appropriation from the fund balance of the DEA Shared Asset Fund. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: Approve the attached appropriation. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Department City Manage • ll, 9 1 - AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO APPROPRIATE FUND BALANCE FROM 3 THE DEA SEIZED PROPERTY SPECIAL REVENUE FUND 4 FOR THE ENFORCEMENT OF SEAT BELT LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $65,680 is hereby accepted from the United States Department of 9 Transportation National Highway Traffic Safety Administration via the Virginia Department 10 of Motor Vehicles and appropriated, with estimated federal revenues increased 11 accordingly, to the FY 2011-12 Operating Budget of the Police Department for police 12 officer over -time and equipment related to the enforcement of seat belt laws; and 13 14 2) $13,136 is hereby appropriated from the fund balance of the DEA Seized 15 Property Special Revenue Fund to the FY 2011-12 Operating Budget of the Police 16 Department to provide the local grant match. 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: APPROVED AS TO LEGAL SUFFICIENCY: J�" a �AaS&I 1,V - Management Services y s Office CA12039 R-2 September 19, 2011 u• p4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Appropriate Fund Balance of the DEA Seized Property Special Revenue Fund for the Enforcement of DUI Laws MEETING DATE: September 27, 2011 ■ Background: Since the 1990s, the Virginia Department of Motor Vehicles ("DMV") has awarded grants to the Virginia Beach Police Department for enforcement initiatives. The DUI Enforcement grant will be active from October 1, 2011, through September 30, 2012. The Police Department will use the funding for overtime needed for selective DUI enforcement. The grant will also fund the purchase of breath test devices and equipment rental for the 2012 DUI Conference. ■ Considerations: The grant provides $54,420 of DMV funding and requires a $10,884 match, which will be provided by an appropriation from the fund balance of the DEA Shared Asset Fund. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: Approve the attached appropriation. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: S k l " L 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO APPROPRIATE FUND BALANCE FROM 3 THE DEA SEIZED PROPERTY SPECIAL REVENUE FUND 4 FOR THE ENFORCEMENT OF DUI LAWS 5 6 7 9 10 11 12 13 14 15 16 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1) $54,420 is hereby accepted from the United States Department of Transportation National Highway Traffic Safety Administration via the Virginia Department of Motor Vehicles and appropriated, with estimated federal revenues increased accordingly, to the FY 2011-12 Operating Budget of the Police Department for police officer over -time and equipment related to the enforcement of DUI laws; and 2) $10,884 is hereby appropriated from the fund balance of the DEA Seized Property Special Revenue Fund to the FY 2011-12 Operating Budget of the Police Department to provide the local grant match. 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: APPROVED AS TO LEGAL SUFFICIENCY: Management Services ice CA12038 R-2 September 19, 2011 �u may` 4 �a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Grant Funds within the Energy Efficiency and Conservation Block Grant MEETING DATE: September 27, 2011 ■ Background: In 2009 the City of Virginia Beach received a $4,042,000 grant award from the U.S. Department of Energy through the American Recovery and Reinvestment Act's Energy Efficiency and Conservation Block Grant (EECBG) Program. The purpose of the EECBG is to empower local communities to make strategic investments to meet the nation's long term goals for energy independence and leadership on climate changes. As a result of guidance provided by the Department of Energy, the City is reducing funding to the following activities: a regional carbon footprint project ($40,420), wind demonstration project ($250,000), web design ($7,000), education messages ($9,215), and printing ($5,500). In addition, we are reallocating funds from completed activities to include two studies (compressed natural gas and composting) ($24,414) and Data Center improvements ($2,102). These would allow the repurposing of $338,651 within the EECBG. The following activities will be funded: hybrids vehicle purchases (delta) ($175,431), HVAC assessments ($90,000), a solar study of the Virginia Beach Convention Center ($15,000), staff time and fringe benefit reimbursement ($38,220), training ($8,500), energy software ($10,500) and office supplies ($1,000). ■ Considerations: The Department of Energy has reviewed this request and has determined these to be eligible activities under the EECBG Program. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: It is recommended that City Council approve the attached ordinance to transfer grant funds. ■ Attachment: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Department of Planning City Manager. 1 AN ORDINANCE TO TRANSFER GRANT FUNDS 2 WITHIN THE ENERGY EFFICIENCY AND 3 CONSERVATION BLOCK GRANT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That 338,651 is hereby transferred within the Energy Efficiency and Conservation 9 Block Grant, which is in the Grants Consolidated Fund, to enhance the City's energy 10 conservation activities including: hybrid vehicle purchases (delta); HVAC assessments; a 11 solar study of the Convention Center; reimbursement for increased staff time performing 12 energy conservation activities; training; energy software; and office supplies. 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: ;�&�� Mana men Services ity Atto s Office CA12041 R-2 September 21, 2011 L. PLANNING 1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for BAYMARK CONSTRUCTION CORPORATION and VANESSA BOWSER-BRICKHOUSE at Riddick Lane and Indian River Road to comply with minimum lot requirements. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 2. Application of REAL LIFE CHURCH/CHURCH of GOD of PROPHECY for the Modification of Conditional Use Permit (approved by City Council on August 15, 1998) to allow two (2) temporary structures on site at 4877 Princess Anne Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of TARGET HITTERS, LLC/CHARLES and DONNA MCDANIEL for a Conditional Use Permit re a home occupation (online gun sales) at 3425 Glen Arden Road. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 4. Application of GREEN RUN LITTLE LEAGUE, INC. for a Conditional Use Permit re a recreational facility of an outdoor nature at 4141 and 4153 Dam Neck Road. DISTRICT 6 - PRINCESS ANNE RECOMMENDATION APPROVAL Application of McDONALD DEVELOPMENT CO.BARBARA CREECH, TRUSTEE of the ALFRED T. CREECH IRROVACABLE TRUST for a Change of Zoning District Classification from AG -1 Agriculture and AG -2 Agriculture to Conditional I-1 Industrial District at Harpers Road and Oceana Boulevard. DISTRICT 6 — BEACH RECOMMENDATION APPROVAL g NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, September 27, 2011, at 6:00 p.m. The following applications will be heard: BEACH DISTRICT McDonald Development Co./Barbara Creech, Trustee of the Alfred T. Creech Irrovacable Trust Application: Change of Zoning District Classification from AG -1 Agriculture and AG -2 Agriculture to Conditional I- 1 Industrial at Oceana Boulevard (GPIN 2405888850; portion of 2415082343). KEMPSVILLE DISTRICT Target Hitters, LLC/Charles and Donna McDaniel Application: Conditional Use Permit for a home occupation - online gun sales at 3425 Glen Arden Road (GPIN 1446987773). PRINCESS ANNE DISTRICT Baymark Construction Corporation and Vanessa Bowser-Brickhouse Application: Subdivision Variance at Riddick Lane and Indian River Road, (GPINs 1493234531; 1493236612; 1493332346; 1493239513; 1493239460;1493331468) Green Run Little League, Inc. Application: Conditional Use Permit for a recreational facility of an outdoor nature at 4141 and 4153 Dam Neck Road (GPIN 1484360232, 1484353250, 1484250076). Real Life Church/Church of God of Prophecy Application: Modification of Conditional Use Permit at 4877 Princess Anne Road (GPIN 1476063979). 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 httD://www.vb¢ov.com/DC For information call 38511621. 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: Sept 11 & 18, 2011 AGENDA ITEM ITEM: BAYMARK CONSTRUCTION CORPORATION AND VANESSA BOWSER- BRICKHOUSE, Subdivision Variance, Riddick Lane and Indian River Road, (GPINs 1493234531; 1493236612; 1493332346; 1493239513; 1493239460; 1493331468) PRINCESS ANNE DISTRICT. MEETING DATE: September 27, 2011 ■ Background: Two applicants with seven parcels are associated with this Subdivision Variance request. The subject parcels are zoned AG -2 Agricultural District and total approximately 5.6 acres. All parcels are accessed by Riddick Lane. Riddick Lane is a private road located on the north side of Indian River Road adjacent to Court House Estates and the Villages of West Neck. Existing Lots: Proposed Lot 1 is shown on a plat recorded on February 4, 1956 as Map Book 40, Page 46 and is owned by one of the applicants. However, the plat does not meet the requirement for lots to be platted on a public street. The other six parcels were created by various deeds, without the benefit of a subdivision plat as required, in the 1960's. These six lots do not meet either the minimum lot area and/or lot width requirements. These lots are undeveloped. Proposed Lots: It is the intent of the applicants to legalize Lots 1 and 2 as well as reconfigure the five remaining existing lots into Lots 3, 4, 5 and 6. Lot 2 does not meet the minimum lot area or lot width requirements. The remaining five lots are being reconfigured into four lots to be more conforming. Lot 3 meets the minimum lot requirements and does not have to be included in the variance request. Lots 4, 5 and 6 do not meet the minimum lot width requirement, but do meet the minimum lot area requirement. ■ Considerations: In regards to Lot 1, this is a simple request to correct a minor technicality. The subject site meets the minimum lot requirements. With regards to Lots 2, 4, 5 and 6, these current lots were created illegally by various deeds in the 1960's. However, these existing lots do not meet minimum lot requirements. Lot 2 is an unconnected lot that does not meet the minimum lot width or lot area requirements. The applicant has reconfigured the five remaining Baymark Construction Corporation & Vanessa Bower-Brickhouse Page 2 of 2 lots into four lots with one of the lots now meeting minimum lot requirements. The remaining lots meet the minimum lot area requirement, but do not meet the minimum lot width requirement. All subject lots are accessed by a maintained private paved roadway and are served by City water and sewer. The proposed lots well exceed the lot sizes within the existing single-family developments in this area. Therefore, staff recommends approval of this request subject to the following conditions. 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 site shall be developed substantially in accordance with the submitted subdivision plan entitled "Preliminary Resubdivision Plat of Baymark Construction Corp. and Bowser/Brickhouse Properties," dated April 29, 2011 and prepared by Langley & McDonald, Inc. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. A one foot no ingress/egress easement is required along the front of all lots that front on Indian River Road. Access to the sites shall be via Riddick Lane (private) only. 3. An area or areas shall be provided at the Indian River Road and Riddick Lane intersection to accommodate seven trash and recycle containers. A three foot wide by six foot deep hard surface area shall be provided for each container. A private pedestrian ingress/egress easement shall be provided over the area(s). ■ 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 Manage . , 15 August 10, 2011 Public Hearing APPLICANT /PROPERTY OWNER: BAYMARK CONSTRUCTION CORPORATION & VANESSA BOWSER- BRICKHOUSE STAFF PLANNER: Ray Odom REQUEST: Subdivision Variances to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance and to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created lots must have direct access to a public street. The subject parcels are either not located on a public street or do not meet minimum lot requirements and variances are required. ADDRESS / DESCRIPTION: The properties are located adjacent to Court House Estates and the Villages of West Neck at the intersection of Indian River Road and Riddick Lane (private). GPIN'S: ELECTION DISTRICT: SITE SIZE: AICUZ: 1493-23-4531, Princess Anne 5.6+/- Acres 65-70 dB DNL 1493-23-6612, 1493-23-5399, 1493-23-9513, 1493-23-9460, 1493-33-1468 SUMMARY OF REQUEST Two applicants with seven parcels are associated with this Subdivision Variance request. The subject parcels are zoned AG -2 Agricultural District and total approximately 5.6 acres. All parcels are accessed by Riddick Lane. Riddick Lane is a private road located on the north side of Indian River Road adjacent to Court House Estates and the Villages of West Neck. BAYMARK CONSTRUCTION CORPORATION & VANESSA BOWER-BRICKHOUSE Agenda Item 15 Page 1 Existing Lots: Proposed Lot 1 is shown on a plat recorded on February 4, 1956 as Map Book 40, Page 46 and is owned by one of the applicants. However, the plat does not meet the requirement for lots to be platted on a public street. An adjoining plat creating additional lots on the private road was approved in 1961. This lot contains an existing single family home and meets minimum lot requirements. The other six parcels were created by various deeds, without the benefit of a subdivision plat as required, in the 1960's. These six lots do not meet either the minimum lot area and/or lot width requirements. These lots are undeveloped. One applicant, the developer of the adjoining Court House Estates and the Villages of West Neck, acquired the six lots that were created by deed. Additional lots within the immediate area were also acquired. This applicant/developer improved Riddick Lane and installed water and sewer to the various lots within a dedicated public utility easement. A Maintenance Agreement was also recorded indicating that the developer is responsible for any maintenance to Riddick Lane. Proposed Lots: It is the intent of the applicants to legalize Lot 1. Lot 1 has existed since 1956 and contains an existing single family home. The adjoining developer has included this lot in this request and on the subdivision plat in order to correct the 1956 plat and road frontage issues for this property owner. It is also the intent of the applicants to legalize Lot 2 and reconfigure the five remaining existing lots into Lots 3, 4, 5 and 6. These lots are impacted by a utility easement greater than 20 -feet in width The area of drainage and utility easements greater than 20 -feet in width cannot be counted towards lot requirements. Lot 2 does not meet the minimum lot area or lot width requirements. The remaining five lots are being reconfigured into four lots to be more conforming. Lot 3 meets the minimum lot width requirementand does Ret have te be iRG'uded OR the ', but does not meet the minimum lot area requirement due to the utility easement. Lots 4, 5 and 6 do not meet the minimum lot width requirement, . and do not meet the minimum lot area requirement due to the utility easement. R= L Qi1 LQ.t2 LM LQ14 W-5 Ltf Lot Width in feet 150 187+/- 140.83* 234.04 125.14* 124.88' 131.57" Lot Area in square feet 43,560 45,979.52 34,vt 782.32 29,556.67* 43.363.77* 44; 1.98 42,485.73* 53,910.32 42,486.08* 53,604.91 42,486.18* Frontage on a public street Yes No* Yes Yes Yes Yes Yes variance required A single family site plan to construct a home on an adjoining lot that was purchased from the subject developer was submitted to the City for review. During the review it was determined that the lot and the subject lots of this request had not been created as required. A variance for frontage on a public street was granted by City Council on April 26, 2011 for that lot. LAND USE AND PLAN INFORMATION SURROUNDING LAND North: . Undeveloped lots / AG -2 Agricultural District USE AND ZONING: South: . Indian River Road / undeveloped parcels / AG -2 Agricultural District East: . Single-family home / AG -2 Agricultural District West: . Stormwater retention pond / single family homes / PD -1-11 Planned Unit Development District COMPREHENSIVE PLAN: This area of the City is designated as part of the Transition Area. The Plan states that this area is not intended to become part of the urban north, nor is it intended to be limited to the very low densities appropriate for rural growth. The area is also in the Interfacility Traffic Area (ITA) which was created in 2005 to address land use compatibility issues associated with frequent overflights of military jets in this part of the City. The Comprehensive Plan calls for limiting residential density to that allowed 'by right' under existing zoning in the ITA. In addition, to the Comprehensive Plan, the recently approved ITA and Vicinity Master Plan provides land use recommendations in this area. The preferred land use plan designates this site as Agricultural/Rural Residential and calls for low density residential and agricultural farmettes. IMPACT ON CITY SERVICES WATER: The sites must connect to City water. There is an eight inch City water line within the dedicated public utility easement. SEWER: The sites must connect to City sanitary sewer. There is an eight inch City sewer line in the dedicated public utility easement. Analysis of Pump Station #582 and the sanitary sewer collection system is required to ensure future flows can be accommodated. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by BAYMARK CONSTRUCTION H9e m15 ige 3 . . the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is Ionated at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION In regards to Lot 1: this is a simple request to correct a minor technicality. The subject site meets the minimum lot requirements. An adjoining plat creating additional lots on the private road was approved in 1961. With regards to Lots 2, 4, 5 and 6, these current lots were created illegally by various deeds in the 1960's. However, these existing lots do not meet minimum lot requirements. Lot 2 is an unconnected lot that does not meet the minimum lot width or lot area requirements. The applicant has reconfigured the five remaining lots into four lots. with eRe ef the lets ROW FneetiR9 MiRiMUFR 19t F8qUiFeMeRts. Lot 3 meets the minimum lot width requirement, but does not meet the minimum lot area requirement due to the utility easement. The Femaining lots Fneet the FniRiFnum lot area F9qUiFeFR8Rt, but de not FReet the MiROMI IM 10t width FeqUifemeRt. The remaining lots do not meet the minimum lot width requirement and do not meet the minimum lot area requirement due to the utility easement All subject lots are accessed by a maintained private paved roadway and are served by City water and sewer. The proposed lots well exceed the lot sizes within the existing single-family developments in this area. Therefore, staff recommends approval of this request subject to the following conditions. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled Preliminary Resubdivision Plat of Baymark Construction Corp. and Bowser/Brickhouse Properties," dated April 29, 2011 and prepared by Langley & McDonald, Inc. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. A one foot no ingress/egress easement is required along the front of all lots that front on Indian River Road. Access to the sites shall be via Riddick Lane (private) only. 3. An area or areas shall be provided at the Indian River Road and Riddick Lane intersection to accommodate seven trash and recycle containers. A three foot wide by six foot deep hard surface area shall be provided for each container. A private pedestrian ingress/egress easement shall be provided over the area(s). BAYMARK CONSTRUCTION CORPORATION & VANESSA BOWER-BRICk,�O`U' SE AgendaAtem 15 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. AERIAL OF SITE LOCATION BAYMARK CONSTRUCTION CORPORATION & VANESSA BOWER-BRICKHOUSE Agenda Item 15 Page 6 Its v �a RESUBDIVISION PLATEXHIMIT BAYMARK CONSTRUCTION CORPORATION & VANESSA BOW ER -BRICK -HOUSE,.'' Agenda,:#em -1 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 ffnecesswy) Bavmark Construction Comoration (Please see attached) and Vanessa Bowser-Brickhouse 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Please see attached. 13 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) Bavmark Construction Corporation and Vanessa Bowser-Brickhouse 2. List all businesses that have a parent -subsidiary' or affiliated business enty relationship with the applicant: (Attach list if necessary) Please see attached. 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 2See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No 0 If yes, what is the name of the official or employee and tate nature of their interest? Subdivision variance Application Page 0 of 10 Revised 3111108 z 0 Comm) a. W Comm) 0;111;z 0 A as DISCLOSURESTAMEM0 BAYMARK CONSTRUCTION CORPORATION & VANESSA d z 0 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) Langley& McDonald, Inc. — Engineering Services - Troutman Sanders LLP -- Legal Services 1 'Parent-subsldiary 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 dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: i c8rtity 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. Owner'sPrint N" inn ip, Property Subdivision VwWm AppksGon page 10 of 10 Revised 711 WON DISCLOSURE STATEMENT BAYMARK CONSTRUCTION CORPORATION & VANESSA Item # 15 Baymark Construction Corporation and Vanessa Bowser-Brickhouse Subdivision Variance Riddick Lane and Indian River Road District 7 Princess Anne August 10, 2011 CONSENT An application of Baymark Construction Corporation and Vane$sa Bowser-Brickhouse on property located at Riddick Lane and Indian River Road, District 7, Princess Anne. GPIN: 14932345310000; 14932366120000;14933323460000;14932395130000;14932394600000;149333314680000. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Preliminary Resubdivision Plat of Baymark Construction Corp. and Bowser/Brickhouse Properties," dated April.29, 2011 and prepared by Langley & McDonald, Inc. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. A one foot no ingress/egress easement is required along the front of all lots that front on Indian River Road. Access to the sites shall be via Riddick Lane (private) only. An area or areas shall be provided at the Indian River Road and Riddick Lane intersection to accommodate seven trash and recycle containers. A three foot wide by six foot deep hard surface area shall be provided for each container. A private pedestrian ingress/egress easement shall be provided over the area(s). 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 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE RUSSO AYE Item # 15 Baymark Construction Corporation and Vanessa Bowser-Brickhouse Page 2 STRANGE AYE THORNTON AYE By a vote of 10-0, the Board deferred item 15 for consent. Rob Beaman appeared before the Board on behalf of the applicant. There was no opposition. s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: REAL LIFE CHURCH/CHURCH OF GOD OF PROPHECY, Modification of Conditional Use Permit, 4877 Princess Anne Road (GPIN 1476063979). KEMPSVILLE DISTRICT. MEETING DATE: September 27, 2011 ■ Background: The Conditional Use Permit allowing a church was approved by City Council on May 21, 1973. A new Conditional Use Permit for a daycare within the existing church facility was later granted on August 25, 1998. The 1998 Conditional Use Permit has four conditions. The applicant would like to modify the 1998 Conditional Use Permit to allow two temporary structures on-site. The proposed modular structures are multifunctional units that will be used for various activities. Both administrative meetings and classes will be conducted within this space. Hours that the modular structures will be utilized are primarily during church services. Occasionally the church may utilize the modular structures for special events that take place outside normal church services times. Each classroom is expected to house approximately 20 people. The site consists of a one-story brick church centered on the parcel. A shed is situated near the rear of site and adjacent to the northern property line. An unmarked parking area is located on the west side of the church. The portable units are proposed just west of this parking area and southeast of the existing shed on-site. ■ Considerations: The proposed portable units behind the existing church will not have a significant impact on the surrounding community. The portable units are screened with landscaping and set back at least 75 feet from the residential neighborhood. Staff recommends that the portable units be painted a brick color to match the existing building on-site. Staff does not anticipate that parking will be significantly altered. It is, however, recommended that the parking lot be striped in accordance to City Code, as existing striping in the parking lot appears to have faded overtime. With the recommended screening, striping of the parking lot and condition that the portable units be painted to match the color of the existing church building, staff finds that this use should not negatively affect the surrounding community. The portables are acceptable interim structures until an expanded church facility can be built. Staff recommends approval of this requested modification, as conditioned below. There was no opposition to the request. Real Life Church T/A Church of God Of Prophecy Page 2of2 ■ 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 conditions attached to the Conditional Use Permit granted by City Council on July 8, 1998 shall remain in effect. Conditions 2 through 4 are the conditions approved my City Council on July 8, 1998. Conditions 2 and 5 through 9 are conditions recommended to be added or modified with this Use Permit. 1. The hours of operation of the daycare shall`be Monday through Friday, 7:00 a.m. until 6:00 p.m. 2. Children shall no occupy the outside play area until after 9:00 a.m. 3. Based on a ratio of 25 square feet of interior space per child, the maximum number of children allowed on the premises at any one time shall be 32. This figure was based on the 790 square feet, more or less, of the three (3) activities rooms. 4. All drop-off and pick-up of children shall occur in the parking area on the south side of the building. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structures. 6. The portables on site shall be located and landscaped in substantial accordance with the marked -up site plan that is that has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 7. All portable structures shall have skirting around the entire base of each building to screen the under -carriage of the unit. 8. The portable units shall be painted to match the brick color of the existing church building on-site. 9. The parking lot shall be striped and the parking stalls shall be clearly identified in accordance to City code. 10. The temporary structures are approved for a period of five years from the date of this Use Permit approval. ■ 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 Manager K— ," KEMP8ViLLE Real Life Church t/a Church of Gott of Prophet Modit.,Von of Cond#lons August 10, 2011 17 Public Hearing APPLICANT / PROPERTY OWNER: REAL LIFE CHURCH T/A CHURCH OF GOD OF PROPHECY STAFF PLANNER: Leslie Bonilla REQUEST: Modification of a Conditional Use Permit to allow childcare within the existing church facility — approved by the City Council on August 25, 1998 ADDRESS / DESCRIPTION: 4877 Princess Anne Road GPIN: \R8E7 o . 02 S1k* AICUZ: 14760639790000 KEMPSVILLE 2 acres Less than 65 dB DNL 4 = S2 82` P1' 02' Rip, �1 fti 0 \` P1" a. Modit.,Von of Cond#lons August 10, 2011 17 Public Hearing APPLICANT / PROPERTY OWNER: REAL LIFE CHURCH T/A CHURCH OF GOD OF PROPHECY STAFF PLANNER: Leslie Bonilla REQUEST: Modification of a Conditional Use Permit to allow childcare within the existing church facility — approved by the City Council on August 25, 1998 ADDRESS / DESCRIPTION: 4877 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14760639790000 KEMPSVILLE 2 acres Less than 65 dB DNL SUMMARY OF REQUEST The Conditional Use Permit allowing a church was approved by City Council on May 21, 1973. A new Conditional Use Permit for a daycare within the existing church facility was later granted on August 25, 1998. The 1998 Conditional Use Permit has four conditions. The applicant would like to modify the 1998 Conditional Use Permit to allow two temporary structures on-site. This modification of the Conditional Use Permit is required because the proposed use of the portable facilities was not approved within prior use permits. The proposed modular structures are multifunctional units that will be used for various activities. Both administrative meetings and classes will be conducted within this space. Hours that the modular structures will be utilized are primarily during church services. Church services are Sunday, from 8:00 a.m. to 1:30 p.m. and Wednesday from 6:00 p.m. to 9:00 p.m. Occasionally the church may utilize the modular structures for special events that take place outside normal church services times. Each classroom is expected to house approximately 20 people. The site consists of a one-story brick church centered on the parcel. A shed is situated near the rear of site and adjacent to the northern property line. Two access points are located on Princess Road and one internal access point allows vehicular connection between this site and the site to the north. An unmarked parking area is located on the west side of the church. The portable units are proposed just REAL LIFE CHURCH T/A CHURCH OF GOD OF'PROPHECY Agenda Item 17 Page 1 west of this parking area and southeast of the existing shed on-site. Eleven evergreen large shrubs and four small canopy understory trees are situated east and south of the portable units. There is also a wooded line of trees that is situated along the western property line. The 1998 City Council approved conditions governing this site are as follows: 1. The hours of operation shall be Monday through Friday, 7:00 a.m. until 6:00 p.m. 2. Children shall no occupy the outside play area until after 9:00 a.m. 3. Based on a ratio of 25 square feet of interior space per child, the maximum number of children allowed on the premises at any one time shall be 32. This figure was based on the 790 square feet, more or less, of the three (3) activities rooms. 4. All drop-off and pick-up of children shall occur in the parking area on the south side of the building. APPLICATION HISTORY: Planning Commission deferred this request on July 13, 2011 based on the applicant's request to defer the item. The applicant has indicated that he would now like to proceed with the request. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Child-care within a religious facility SURROUNDING LAND North: . Funeral home / 0-2 Office District USE AND ZONING: South: . Religious use / Conditional 0-2 Office District • Masonic lodge / R-10 Residential District East: . Princess Anne Road • Across Princess Anne Road are retail establishments / B-2 Community Business District West: . Single-family homes / R-10 Residential District NATURAL RESOURCE AND There is an existing hedge of trees located along the eastern property CULTURAL FEATURES: line. There are no other known natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the future physical character of this area. The overriding objective of these policies is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of our community. The following are characteristics of the Suburban Area: predominantly low-density residential subdivision; large tracts of land devoted to single-family dwelling units and others consisting of attached or multi -family units; low -intensity retail shopping centers, office complexes, employment centers and industrial parks scattered throughout land uses that depend heavily on the use of the automobile; transportation systems designed for the automobile; and, various sized tracts of parkland or open space sometimes with a trail system. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area (p. 3-2). Three key planning principles have been established in the Comprehensive Plan to guard against' "possible ,< REAL LIFE CHURCH T/A CHURCH OF GOD OF'PROPHIECY Agenda IterA 17 Page 2 threats to the stability of the Suburban Area: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality, requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall new development of the area. This is accomplished by having all new development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses (pp. 3-2) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road in front of this application is considered a four -lane divided minor urban arterial. The Master Transportation Plan proposes a four -lane divided facility within a 120 -foot right-of-way. No roadway Capital Improvement Program projects are slated for this segment of roadway. Currently, this segment of roadway is functioning over capacity at a Level Of Service F. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 30,707 ADT 22,800 ADT (Level of Existing Land Use - Road Service "D") 125 ADT Weekday (Wednesday) Proposed Land Use 3-- 175 ADT Weekday (Wednesday) Average Daily Trips 2 as defined by a 3,422 square foot church 3 as defined by a 4,782 square foot churctLj WATER AND SEWER: This site currently connects to City water and sanitary sewer. PUBLIC WORKS / STORMWATER MANAGEMENT: Best Management Practices (BMP) is required if the footprint exceeds 2500 square feet. EVALUATION AND RECOMMENDATION The proposed portable units, situated behind the existing church, will not have a significant impact on the surrounding community. The portable units are, as conditioned below, screened with landscaping and set back at least 75 feet from the residential neighborhood. Staff also recommends a condition that the portable units be painted a brick color to match the existing building on-site. In terms of parking, staff does not anticipate that parking will be significantly altered. According to the City's Zoning Ordinance, required parking is determined by the size of the sanctuary, and the sanctuary size is not proposed to be modified. It is, however, recommended that the parking lot be striped in accordance to City Code, as existing striping in the parking lot appears to have faded overtime. With the recommended screening, striping of the parking lot and condition that the portable units be painted to match the color of the existing church building, staff finds that this use should not negatively affect the surrounding community. Although the continued use of portable structures is not consistent with the Comprehensive Plan's goals for new development in the Suburban Area, with regard to quality and attractiveness of the buildings. The portables are acceptable interim structures until an expanded church facility can be built. As a result, Staff recommends that the portables be removed from the site no later than five years from the date of this Use Permit. In terms of traffic, Princess Anne Road in front of this site is currently functioning over capacity and within a Level of Service E. After discussing the issue with a representative from the City's Traffic Engineering Division, staff concludes that the increase in Average Daily Trips (ADT) to this site is not significant enough to deteriorate the traffic network to a Level of Service F. Staff thus concludes that the proposed use will have a minimal impact on the existing service level of the roadway and should not significantly alter traffic flow. Staff, therefore, recommends approval of this requested modification, as conditioned below. CONDITIONS The following conditions are recommended for approval with this request. All conditions attached to the Conditional Use Permit granted by City Council on July 8, 1998 shall remain in effect. Conditions 2 through 4 are the conditions approved my City Council on July 8, 1998. Conditions 2 and 5 through 9 are conditions recommended to be added or modified with this Use Permit. 1. The hours of operation of the daycare shall be Monday through Friday, 7:00 a.m. until 6:00 p.m. 2. Children shall no occupy the outside play area until after 9:00 a.m. 3. Based on a ratio of 25 square feet of interior space per child, the maximum number of children allowed on the premises at any one time shall be 32. This figure was based on the 790 square feet, more or less, of the three (3) activities rooms. 4. All drop-off and pick-up of children shall occur in the parking area on the south side of the building. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structures. 6. The portables on site shall be located and landscaped in substantial accordance with the marked - up site plan that is that has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 7. All portable structures shall have skirting around the entire base of each building to screen the under -carriage of the unit. 8. The portable units shall be painted to match the brick color of the existing church building on-site. 9. The parking lot shall be striped and the parking stalls shall be clearly identified in accordance to City code. 10. The temporary structures are approved for a period of five years from the date of this Use Permit approval. REAL LIFE CHURCH T/A CHURCH OF GOD CSF PROPHIECY Agenda Item 17 Pale 4 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. * V Or �( Y 0 C ?ry - .. pkVp ����,t PROPOSED SITE PLAN REAL LIFE CHURCH T/A CHURCH OF GOD QF PROPHECY Agenda Iteryi 17 Pape 7 PHOTOGRAPH OF PROPOSED PORTABLE STRUCTURE PHOTOGRAPH OF EXISTING CHURCH BUILDING > p11,� `Zoning akin GmdidonsfmiMrs, Open Space PrornotionorPM-2 Overlays Modification of Conditions ZONING HISTORY # DATE- REQUEST ACTION" 1 08/25/1998 05/21/1973 Use Permit (daycare within an existing church) Use Permit church Granted Granted 2 04/11/2000 Conditional Use Permit (communication tower extension Granted 3 1 04/22/2008 Modification of Conditions Granted 4 1 08/08/2000 Rezoning R -51D to Conditional B-2 Granted 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 necessar)d 2. List all businesses that have a parent -subsidiary' or affiliated business entity 2 relationship with the applicant (Attach fist If necessary) t & ()f. &)p OF 99.0?ttf c.1 O'Checck here N the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is Merent front applicant. tf 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) List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach fist if necessary) D Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & z See next page for footnotes Does an official or employee ofthe pity of Virginia Beach have an interest in the subject land? Yes _ No �/ It yes, what is the name of the official or employee and the nature of their interest? Moddic~ of CorAlbwc App&atbn PW 10 d 71 ftvisee 7W7 DISCLOSURE STATEMENT DISCLOSURE STATEMENT ADDrWNAL 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) —D 1 ' "Parent -subsidy 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 kr one entity is also a control owner in the other entity, or (ui) there is shared management or control between the business entities. Factors that should be considered In detertmnfrtg 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 dose working relationship between entities." See State and Local Governmert Conflict of interests Act, Va. Code § 2.2.3101. CERTIFICATION: I car* that the Wdormation contained herein is true and accurate. I understand that upon receipt of notification (Postcard) that the application has bean scheduled for public hearing. i am msPmsibte for 01342inkV and posting to reWred sign on the subject property at Is" 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 emplcyses of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. tt�r.il �Wi Property Owner's Signature (f different than applicant) Print Narne mon or WnMOM ,cpPOOM Page 1 t rf h t Revised 7r-=7 DISCLOSURE STATEMENT Item # 17 Real Life Church (Church of God of Prophecy) Modification of Conditional Use Permit 4877 Princess Anne Road District 2 Kempsville August 10, 2011 CONSENT An application for Real Life Church for a Modification of a Conditional Use Permit on property located on 4877 Princess Anne Road, District 2, Kempsville District. GPIN # 14760639790000. CONDITIONS The following conditions are recommended for approval with this request. All conditions attached to the Conditional Use Permit granted by City Council on July 8, 1998 shall remain in effect. Conditions 2 through 4 are the conditions approved my City Council on July 8, 1998. Conditions 2 and 5 through 9 are conditions recommended to be added or modified with this Use Permit. 1. The hours of operation of the daycare shall be Monday through Friday, 7:00 a.m. until 6:00 p.m. 2. Children shall not occupy the outside play area until after 9:00 a.m. 3. Based on a ratio of 25 square feet of interior space per child, the maximum number of children allowed on the premises at any one time shall be 32. This figure was based on the 790 square feet, more or less, of the three (3) activities rooms. 4. All drop-off and pick-up of children shall occur in the parking area on the south side of the building. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structures. 6. The portables on site shall be located and landscaped in substantial accordance with the marked -up site plan that is that has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 7. All portable structures shall have skirting around the entire base of each building to screen the under -carriage of the unit. 8. The portable units shall be painted to match the brick color of the existing church building on-site. 9. The parking lot shall be striped and the parking stalls shall be clearly identified in accordance to City code. 10. The temporary structures are approved for a period of five years from the date of this Use Permit approval. Item # 17 Real Life Church (Church of God of Prophecy) Page 2 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 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 17 for consent. Pastor Todd Woolston appeared before the Board. ABSENT AGENDA ITEM ITEM: TARGET HITTERS, LLC/CHARLES & DONNA MCDANIEL, Conditional Use Permit, home occupation - online gun sales, 3425 Glen Arden Road (GPIN 1446987773). KEMPSVILLE DISTRICT. MEETING DATE: September 27, 2011 ■ Background: The applicant requests a Conditional Use Permit to allow an online firearm sales business in his home. The applicant will be the sole employee and will sell, via the internet, firearms and accessories, including handguns, rifles, shotguns, holsters, cases, ammunition, clay targets, etc. There will be no customers visiting the site. The hours that the applicant conducts online transactions are primarily during evenings and on the weekends. The applicant anticipates three to six firearm sales a year and it is envisioned that most of the sales will come from firearm accessories such as scopes, holsters, hand grips and other accessories. Once the product arrives on-site any firearms will be secured in accordance with ATF regulations and the entire house is secured with an alarm system. Firearms sold will be sent to a federally licensed firearm dealer located in the city where the purchaser lives. Considerations: From the exterior of the house, business activity associated with the proposed home occupation will be virtually undetectable. The character of the neighborhood should not change as no customers are expected to come to the house and no new construction is proposed. Overall, the minimal activity expected by the applicant is not likely to adversely impact the surrounding properties or neighborhood character. The request is in conformity with the Comprehensive Plan and the City's Zoning Ordinance for home occupations. The recommended conditions identified with Section 234 of the Zoning Ordinance assist in protecting the integrity of the adjacent residential neighborhoods. Staff therefore recommends approval of this request subject to the listed conditions. There was no opposition to the request. Target Hitters, L.L.C. Page 2 of 2 ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 7-3, recommends approval of this request to the City Council with the following conditions: 1. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity associated with the home occupation. 2. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 3. No more than four firearms for sale shall be located on the premises at any one given time. 4. The conditional use permit for a home occupation — online firearms sales is approved for a period of one year with an administrative review and renewal (if appropriate) every year thereafter. ■ 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 Manager: ' S KEMPSVILLE MMP A-Dx Target Hitters, LLC FitD - '"'" °oi�"PioNe1 °piv CUP - for Nonce Occupation - Onikw Firearm Sales August 10, 2011 1 Public Hearing APPLICANT: TARGET HITTERS, L.L.C. PROPERTY OWNER: CHARLES & DONNA MCDANIEL STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Use Permit (Home Occupation — online firearm sales) ADDRESS / DESCRIPTION: 3425 Glen Arden Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14469877730000 KEMPSVILLE 14,040 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow an online firearm sales business to be situated in his home. The applicant will be the sole employee and will sell, via the internet, firearms and accessories, including handguns, rifles, shotguns, holsters, cases, ammunition, clay targets, etc. There will be no customers visiting the site and the hours that the applicant conducts online transactions are primarily during evenings and on the weekends. The applicant anticipates three to six firearm sales a year and it is envisioned that most of the sales will come from firearm accessories such as scopes, holsters, hand grips and other sporting good accessories. In addition to obtaining approval of this Use Permit, the applicant will have to obtain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm, and Explosives (ATF) in order to conduct this online business. The applicant's business model includes the applicant purchasing items from a wholesaler who deals strictly with federally licensed dealers. Once the product arrives on-site any firearms will be secured in accordance with ATF regulations and the entire house is secured with an alarm system. Products are listed through an on-line auction site created for sporting goods and accessories. Any firearms sold will be sent to a federally licensed firearm dealer located in the city where the purchaser lives. All sales will be in strict compliance with mandatory background checks made through the National Instant Criminal Background Check System (NICS). LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING I -AND North: . Single-family homes / R-10 Residential District USE AND ZONING: South: . Single-family homes / R-10 Residential District East: . Glen Arden Road • Across Glen Arden Road are single-family homes / R-10 Residential District West: . Single-family homes / R-10 Residential District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as a Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size and intensity to the existing area (pp. 3-1 and 3-2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Glen Arden Road in front of this application is considered a two-lane undivided local street. It is not included on the Master Transportation Plan and no roadway Capital Improvement Program projects are slated for this segment of roadway. TRAFFIC: ;Street Name Present Volume Present Capacity Generated Traffic Glen Arden Road No Existing Traffic Counts are Available Existing Land Use —10 ADT Proposed Land Use 3-10 ADT Average Daily Trips Y as defined by one single-family dwelling 3 as defined by one single-family dwelling WATER & SEWER_ This site currently connects to City water and sanitary sewer. FIRE: Storage of any ammunition, gun powder or primers must comply with Section 3306 of The Virginia Statewide Fire Prevention Code. A permit is required from the Fire Marshal's Office for such storage and the premises are subject to inspection. POLICE: A home security assessment is recommended prior to approval. EVALUATION AND RECOMMENDATION The proposed home occupation is consistent with the Comprehensive Plan's goal of protecting the predominately suburban character of this community. From the exterior of the house, business activity associated with the proposed home occupation will be virtually undetectable. The character of the neighborhood should not change as no customers are expected to come to the house and no new construction is proposed. Overall, the minimal activity expected by the applicant is not likely to adversely impact the surrounding properties or neighborhood character. In addition, this home business supports one of the City's desired outcomes to ensure the opportunity to start and grow a business (p. 1-2). The request is in conformity with the Comprehensive Plan and the City's Zoning Ordinance for home occupations. The recommended conditions identified with Section 234 of the Zoning Ordinance assist in protecting the integrity of the adjacent residential neighborhoods. Staff therefore recommends approval of this request subject to the listed conditions. CONDITIONS 1. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity associated with the home occupation. 2. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 3. No more than four firearms for sale, shall be located on the premises at any one given time. 4. The conditional use permit for a home occupation — online firearms sales is approved for a period of one year with an administrative review and renewal (if appropriate) every year thereafter. 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. cf g 0 VVI �� �•>✓.. _ �m. .hob _ r +ems THI# N TO CKIMPY THAT 1. ON MAR. id, 1976 SURVETIM TNC rRO1KJM *MOWN OM THM PLAT. AND THAT THE TMX LNiES ANO TM WIAUA O7 THE RWLOINO# AMC SHOWN ON WIN PLAT. TMC SO&D,O# #RANO SYRNRLY WITHIN TH[ TITLC UNC# AND THESE AMC HO CNCROAOMHCNT# OR VI#1#Lt LA#WCNT#. #710EPT Ai..:MOWIH. >NGNCD GL rV , .eD�N A0AD 'V e .4 * 6dr ftsct b ti4e 2.o• cte" 4 � —_— sit •� :_�' �'Orv�noy c Eos ca�rnf� G/cn Ardcn f/o.Ivice' ,1'I PHYSICAL SURVEY OF LOT T, RESUBDIVISION OF LATS 14-24 INCL. do LOTS 30-41 INCL., SECTION 2, GLEN ARDEN $OILS VIRGINIA 88408, VA. FOR ARTHUR R. AMZ79D 4 JAMS R. AHLSTED SCALE: 10, - j01 ma. i8, 1976 N ALTON M. SUTLER wllvevoll - VIRCNIM #CACN. VA. ?d7,13 sc PHOTOGRAPH OF EXISTING DWELLING ZONING HISTORY There is no zoning history to report. I J 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 Est Xnecxssay) 2. Listt all businesses that have a parent -subsidiary' or affiliated business en*/ relationship with the applicant: (Attach list if rrecessary) n Check here ii the applicant Is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only ff prcparfy owrw is dblerent from applkant. N 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 an officers, members, trustees, partners, etc. below: (Attach list tf necessary) 2. List all businesses that have a parent- subskilary' or amiated business ental relationship with the applicant (Attach list if necessary) U Check here if the property ower Is Nora corporation, partnership, firm, business, or other unincorporated organization. I& ' Sft rAW peke fOr rootrwtar, Does an official or aA]pJoyes of�ity of Virginia Beach have an interest In the subject land? Yes i No If yes, what is the name of the official or employee and the nature of their interest? Va Pw" AppftvW pays 9 of 10 PAVWd MOM z 0 DISCLOSURE STATEMENT DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known centrads or businesses that have or will provide services with respect to the reWested property use, including bid not limited to the providers of architectural services, real estate services, financial .services, accounting services, and legal services: (Attach list if necessary) -Parent-subskfiary ncetiortsW means's relationship that emits when one corporation directly or Indirectly owns sheres possessing more thorn 50 percent of the votes power of another corporation: See State and Local Goverrunerd Cordfict of interests Act. Va. Code § 2.2-3101. 2'Afttiiatsd business entity relationt " metes •a other than parent - subsidiary that exists when (1) are business entity ties a aging ownership interest in the other business entity, (N) a writroWng owner In are entity Is also a om*oNing owner In the cher entity. or (#) there Is shared menagernent or control between the business entities. Factors that should be considered in detemdr*hg the existence of an affiliated business entity relationship include that the same person or substantially the sus* person own or manage the two entitiss; there are common or commingled hwws or assets; the business entities share the use of the same offices or ennployees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close wo*ft relationstdp between the endues.' See State and Local Covemmend CorAct of fttweaft Act, Va. Code § 2.2-3101. CERTIFICATION: I ow* that the kdormation corilaked herein W Inas and accxarats. I understand that, upon receipt of notlttcation (postcard) that the appketion has been sdheoAso for public hearing, i am cesponsbe for obiakft and posting ft rertked sigh on tine sub0d property at Wast 30 days prior b the sdoduted public hewft accord to the imitr a tions In this packsgs. The undersigned also consents to entry upon the mj*d property by employees of the Department of funning to owwgrapih and vew the ails for phxpoaes of processing and evakmting this application. Cord Use Pon Appl odd Pepe 10 of 10 Rwisatl 713=7 DISCLOSURE STATEMENT Item #1 Target Hitters, LP_C/Charles & Donna McDaniel Conditional Use Permit 3425 Glen Arden Road District 2 Kempsville August 10, 2011 REGULAR An application of Target Hitters, LLC/Charles & Donna McDaniel for a Conditional Use Permit for a home occupation — online firearm sales on property located at 3425 Glen Arden Road, District 2, Kempsville. G P I N: 14469877730000. CONDITIONS 1. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity associated with the home occupation. 2. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 3. No more than four firearms for sale, shall be located on the premises at anyone given time. 4. The conditional use permit for a home occupation —online firearms sales is approved for a period of one year with an administrative review and renewal (if appropriate) every year thereafter. 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 7 ABS 3 ABS 0 ABSENT 2 BERNAS NAY FELTON NAY HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE Item #1 Target Hitters, L.L.C. Page 2 RUSSO NAY STRANGE AYE THORNTON AYE By a vote of 7-3, the Board approved item 1. Charles McDaniel appeared before the Board . rr NU �i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREEN RUN LITTLE LEAGUE, INC., Conditional Use Permit, Recreational facility of an outdoor nature, 4141 & 4153 Dam Neck Road (GPIN 1484360232, 1484353250, 1484250076). PRINCESS ANNE DISTRICT. MEETING DATE: September 27, 2011 ■ Background: The applicant requests a Conditional Use Permit to develop and operate a four - field baseball complex on 28.4 acres of City -owned land behind the Parks and Recreation Landscape Services facility on Dam Neck Road. This proposal includes four playing fields with dugouts, concession stand, press box, field house, storage and administrative support facilities. City Council approved a prior Conditional Use Permit on this same property in 2002 for a similar facility. ■ Considerations: Not only is the lease area an odd shape, the site is challenged by environmental constraints and the proposed alignment of the Southeastern Parkway and Greenbelt along the southern boundary line adjacent to ball fields. The site layout has been revised numerous times to minimize intrusion into the 100 year floodplain, the Southern Watershed Management Area, wetlands and large, mature trees. The floodplain mitigation plan and calculations have been submitted to the Development Services Center for review. The plan does tabulate and indicate the limits of fill and limits of mitigation. Special attention was given to the design of the site knowing the environmental constraints. The building elevations will meet the level of quality desired for the Princess Anne Commons corridor. The proposed structures on this site and the exterior building materials are to meet the "Design Guidelines for Princess Anne Commons." Applying these guidelines to this application, the proposal blends well with the existing area, helps support the recreational needs of residents in the area and is compatible with overall concept for the Central Princess Anne Commons subarea provided that the previously stated environmentally sensitive areas are protected. Staff recommends approval of this request with the conditions listed. There was no opposition to the request. Green Run Little League/City of Virginia Beach Page 2 of 2 ■ 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 development of the site shall be in substantial conformance with the plan entitled, "Master Plan Princess Anne Little League Virginia Beach, Virginia" prepared by WPL Landscape Architects - Land Surveyors - Civil Engineers, dated July 12, 2011. Said plan is on file in the Department of Planning. 2. The design of the players' dugouts, the office building, field house and the concession buildings shall be in substantial conformance with the elevation drawings untitled and undated. Said elevations are on file in the Department of Planning. 3. All signage and lighting shall substantially adhere to the Princess Anne Commons Design Guidelines. Details of all signage and lighting shall be submitted with the final site plan and reviewed and approved by the Planning Director prior to the approval of the site plan. 4. All buildings and exterior building materials shall substantially adhere to the Princess Anne Commons Design Guidelines.. 5. At a minimum, ten (10) foot wide buffer/filter strips shall be installed adjacent to the outfields of ball fields that will not drain into a stormwater management facility. Said filter strips shall be designed based on standards within the Best Management Practices Design Guidance Manual for Hampton Roads, HRPDC, December 1991. 6. Fire apparatus road(s) built per Statewide Fire Code specifications are required to extend within 150 feet of any buildings or structures. 7. An approved water supply for fire protection must be provided within 400 feet of any buildings or structures on site. ■ 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 Manage ,_ REQUEST: Conditional Use Permit (outdoor recreational facility) ADDRESS / DESCRIPTION: 4141 & 4153 Dam Neck Road GPIN: ELECTION DISTRICT: Portions of: PRINCESS ANNE 1484360232 1484353250 1484250076 16 August 10, 2011 Public Hearing APPLICANT: GREEN RUN LITTLE LEAGUE, INC. PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Karen Prochillo SITE SIZE: AICUZ: 28.4 acres Less than 65 dB DNL and 65- 70 dB DNL Sub -Area 3 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to develop and operate a four -field baseball complex on 28.4 acres of City -owned land behind the Parks and Recreation Landscape Services facility on Dam Neck Road (formerly Elbow Road Extended).This proposal includes four playing fields with dugouts, concession stand, press box, field house, storage and administrative support facilities. City Council approved a prior Conditional Use Permit on this same property in 2002 for a similar facility. The prior approval has expired, thus the applicants have applied for a new Conditional Use Permit. Upon relocation to this site the Green Run Little League will change the name of its club to the Princess Anne Little League. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped vacant land formerly farmed. SURROUNDING LAND North: . Landscape Services Operations Center, City of Virginia Beach / USE AND ZONING: AG -1 Agricultural District South: . Single-family dwelling / AG -2 Agricultural District East: . Agricultural field / AG -1 Agricultural District West: . Agricultural field, church, trailer -dwelling / R-15 Residential District and AG -1 Agricultural District NATURAL RESOURCE AND This property is located in the Southern Watersheds Management Area. CULTURAL FEATURES: There are some wetlands that bisect the property. Most of the property is cleared as it was under cultivation for many years. The wooded area appears to contain jurisdictional non -tidal wetlands. The site also contains 100 year floodplain associated with Salem Canal. COMPREHENSIVE PLAN: This parcel is within the Central Princess Anne Commons, a subarea of Princess Anne Commons as well as in the Interfacility Traffic Area (ITA). Additional planning policies for this area are included in the ITA and Vicinity Master Plan that serves as the master plan for Princess Anne Commons. Planning policies affecting the ITA have been carefully written to achieve compliance with provisions of the City's adopted Oceana Land Use conformity program. Central Princess Anne Commons Area - Land Use Policies The existing land uses in the Central Princess Anne Commons Area are primarily rural residential, forested, and cultivated land located within an area of several constraints including floodplain and jet noise. The general goals for this area are to encourage planned quality development of mixed public and private uses while designing with nature and providing exceptional open spaces. The area offers a unique opportunity for education, entertainment, recreational, and habitat preservation. This area is appropriate for additional recreational uses; given its proximity to North Princess Anne Commons. Proposed uses are to adhere to the "Design Guidelines for Princess Anne Commons" (p. 4-1, 4-3, 4-7.) The guiding principles of the Comprehensive Plan's chapter on Environmental Stewardship are to preserve, protect, and maintain our natural resource areas. The Plan recommends prohibiting construction in floodplains without acceptable mitigation and improving stewardship of our natural resources while ensuring that the goals set forth by the Southern Watersheds Area Management Program (SWAMP) are met (p. 7-12, 7-5.) The General Community Appearance Guidelines in the Comprehensive Plan Reference Document state that good development provides open space, protects the environment, creates quality community design, and offers safe well planned and attractive pedestrian ways. Stormwater retention and detention systems if warranted for this site should have irregular features versus geometric features. Plant material should be used to soften the appearance and blend in with the natural features. Chain link fences are not encouraged around storm water management pond facilities and should be avoided. (pp. A-1 to A-4). Structures proposed on the property should meet the "Design Guidelines for Princess Anne Commons." These guidelines address desired landscape features and general architectural elements. Design elements of a structure must assist in maintaining the character of the area. Brick elements should be introduced in building facades (p. 13.) GREEN RUN LITTLE LEAGUE / CITY OF VIRGINIA Agenda DH 16 - n ITA and Vicinity Master Plan — Land Use Policies The ITA and Vicinity Master Plan recommend that this site is suitable for open space and parks (p.21.) Southeastern Parkway and Greenbelt The ITA and Vicinity Master Plan references the SEPG as a key component of the Year 2030 Plan that crosses the ITA boundaries. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site will have access to Dam Neck Road through the Landscape Services facility. That facility has a single full -access unsignalized entrance to Dam Neck Road with left- and right -turn lanes into the site. The Master Transportation Plan Major Street Network Ultimate Rights -of -Way lists this segment of Dam Neck Road as a 4 -lane minor arterial in a 125 -foot right-of-way. CIP Project 2.152.000 Elbow Road Extended — Ph. II (First Cities Project) will bring this segment to its planned width and section. Design is 90% complete. Funding for design is currently programmed and site acquisition is partially funded. Limited site acquisition is underway pending additional funding. The construction start date remains beyond VDOT's current Six -Year Plan. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Dam Neck Road Unknown Up to 8,400 ADT Existing Land Use -- (Level of Service "C") — 10 ADT Up to 12,900 ADT' Proposed Land Use 3__ (Levelof Service "D") / 600 weekday ADT Capacity 1,200 weekend ADT Average Daily Trips Y as defined by 28.4 acres zoned Ag -2 3 as defined by 4 baseball fields Baseball fields are not an ITE land use for trip generation purposes, Traffic Engineering estimated trip generation based on an assumed two games per field per weekday and four games per field per weekend with fifteen players per team, adjusted upwards to account for spectators, coaches, umpires, and league support personnel. WATER: This site must connect to City water. There is a 12 inch city water line in Dam Neck Road. SEWER: This site must connect to City sanitary sewer. Sanitary sewer and pump station analysis of Pump Station #584 is required to ensure future flows can be accommodated. There is a 4 inch city sanitary sewer force main in Dam Neck Road. There is a 4 inch city vacuum sanitary sewer main in Dam Neck Road. FIRE: Fire apparatus road(s) built per Statewide Fire Code specifications are required to extend within 150 feet of any buildings or structures. An approved water supply for fire protection must be provided within 400 feet of any buildings or structures on site. Additional comments will be provided during the site plan review process. EVALUATION AND RECOMMENDATION The Princess Anne Little League is proposing to develop, construct and operate one T -ball field, two little league fields (,ages 7 to 12 years) and one senior field (ages 13 to 17 years) on approximately 28 acres of City -owned property within the Princess Anne Commons area. The City Zoning Ordinance requires a Conditional Use Permit for outdoor recreational facilities such as this. The Department of Parks and Recreation and the City Attorney's Office have been working with the applicant to revise their lease agreement based on the 2002 Conditional Use Permit. Not only is the lease area an odd shape, the site is challenged by environmental constraints and the proposed alignment of the Southeastern Parkway and Greenbelt along the southern boundary line adjacent to ball fields. The site layout has been revised numerous times to minimize intrusion into the 100 year floodplain, the Southern Watershed Management Area, wetlands and large, mature trees. Stormwater quality and quantity will have to be addressed in accordance with Southern Watershed Management Ordinance, Virginia Stormwater Management Handbook and the performance based water quality calculations outlined in the Virginia Stormvvater Management Handbook. The floodplain mitigation plan and calculations have been submitted to the Development Services Center for review. The plan does tabulate and indicate the limits of fill and limits of mitigation. The minimum floor elevation for this site, in accordance with the City Site Plan Ordinance, Flood Plain Regulations shall be a minimum of one foot above the 100 -year flood plain as established by the National Flood Insurance Program Flood Insurance Rate map (FIRM) of the Federal Emergency Management Agency (FEMA). Special attention was given to the design of the site given the environmental constraints. The building elevations will rneet the level of quality desired for the Princess Anne Commons corridor. The proposed structures on this site and the exterior building materials are to meet the "Design Guidelines for Princess Anne Commons." A condition is recommended that all signage and lighting also meet the design guidelines. Applying these guidelines to this application, the proposal blends well with the existing area, helps support the recreational needs of residents in the area and is compatible with overall concept for the Central Princess Anne Commons subarea provided that the previously stated environmentally sensitive areas are protected. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The development of the site shall be insubstantial conformance with the plan entitled, "Master Plan Princess Anne Little League Virginia Beach, Virginia" prepared by WPL Landscape Architects - Land Surveyors - Civil Engineers, dated July 12, 2011. Said plan is on file in the Department of Planning. 2. The design of the players' dugouts, the office building, field house and the concession buildings shall be in substantial conformance with the elevation drawings untitled and undated. Said elevations are on file in the Department of Planning. GREEN RUN LITTLE LEAGUE / CITY OF VIRGINIA BEACH Agenda Item16 Payyp:. 4 3. All signage and lighting shall substantially adhere to the Princess Anne Commons Design Guidelines. Details of all signage and lighting shall be submitted with the final site plan and reviewed and approved by the Planning Director prior to the approval of the site plan. 4. All buildings and exterior building materials shall substantially adhere to the Princess Anne Commons Design Guidelines.. 5. At a minimum, ten (10) foot wide buffer/filter strips shall be installed adjacent to the outfields of ball fields that will not drain into a stormwater management facility. Said filter strips shall be designed based on standards within the Best Management Practices Design Guidance Manual for Hampton Roads, HRPDC, December 1991. 6. Fire apparatus road(s) built per Statewide Fire Code specifications are required to extend within 150 feet of any buildings or structures. 7. An approved water supply for fire protection must be provided within 400 feet of any buildings or structures on site. 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. GREEN RUN LITTLE LEAGUE / CITY OF VIRGINIA BE Agenda It( P DH 16 5 AERIAL OF SITE LOCATION nq PROPOSED SITE PLAN Z 0 Q W J W 0 Z 0 �a w Z O V) (n W U Z O U PROPOSED BUILDING ELEVATIONS .,`J-,Q� PROPOSED BUILDING ELEVATIONS �- �/I � �� !+ i-� S. /� - / O/Hl i%/fes iI'ti` mow'-���� ii'�.r'.sI'�/"1 i. rrr _ N %� _ / IVNIVI fill ��I hI�'ttr � �� ���= 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, merrthers, trustees, partners, etc. below. (Attach list !t necessary) Green Run Little Lemma, Inc.: Raul Rodrkhuez - President: Brad Heater - Vice Present of League: Donna Turner - Vice President Baseball: Kathy Hekterman - Serretary: Cyndi Lynn - TreaswerRoaer Adams - Vice President Soitbaff 2. List all businesses that have a parent -subsidiary' or affiliated business snW relationship with the applicant: (Attach list if necessary) NIA Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only P properly owner Is dflbmt 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 hst if necessary) City of Viruria Beach 2. List all businesses that have a part -subsidiary or affiliated business entlV relate with the applicant: (Attach LW if necessary) NIA O Check here if the property owner Is NOT a corporation, partnership, firm, business, or other unincorporated organization. 0e; 0 gait!V 0 Does an official or employee of the City of Virginia Beach have an Interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their Interest? N/A CondbxW Use , pageadlo Review MIM z 0 H O V DISCLOSURE STATEMENT ADDMONAL 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 fist if necessary) Troutman Sanders LLP — Leoal Services WPL — Erwinneenrig Services 1 `Parent -subsidiary relationship" means "a relationship tient exists when one Corporation directly Or indire* owns shares possessing more than 5o percent of the voting power of another corporation.' See State and Local Govammant Conflict of Interests Act, Va. Code § 2.2-3101. 2'Affil€ated business entity relationship* means "a relationship, other then parent - subsidiary relationship, that exists when (i) one tastiness entity has a c ontrollWig ownership Interest in the other business entity, (H) a Controlling owner it one entity is also a controlling owner in the other oft, or (ill) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an aflillated business entity relationship include that the some person or substantially the same person own or manage the two entities; there are common or commingled fonds or assets; the business entities share the use of the same offices or employees or otherwise stere activities, resources or personnel on a regular basis; or thane is otherwise a dose working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: i certify that the tiNormation contained herein is true and accurate. I u ndwstwW that, upon receipt of notification (poste) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at feast 30 days PrW to the sdwdt* d public hem acoording to the mstrlx tions in this package. The undyed also c 0nsents to entry upon the subject property by employees of the Department of Planrft to photwaph aand view the site for purposes of processlig wo evakieft this application. - -lAA4 -t", te-4 Ap~s Sigmture Print Name S 1 1l-)",,r.s k. SQ©R� Prq�' Sionsture (if dai&than applicanO Prins Name cw4ftmi U66 PON 1oa,o RVVIW 3r11M DISCLOSURE STATEMENT GREEN RUN LITTLE LEAGUE / CITY OF VIRGINIA f Agenda I P ,CH 1=16 ;12 "C)-,() t C) 00 CD 00 Item # 16 Green Run Little League, Inc. Conditional Use Permit 4141 & 4153 Dam Neck Road District 7 Princess Anne August 10, 2011 CONSENT An application of Green Run Little League, Inc. for a Conditional Use Permit for a recreational facility of an outdoor nature on property located at 4141 & 4153 Dam Neck Road, District 7, Princess Anne. GPIN: 14843602320000;14843532500000;14842500760000. CONDITIONS 1. The development of the site shall be in substantial conformance with the plan entitled, "Master Plan Princess Anne Little League Virginia Beach, Virginia" prepared by WPL Landscape Architects - Land Surveyors - Civil Engineers, dated July 12, 2011. Said plan is on file in the Department of Planning. 2. The design of the players' dugouts, the office building, field house and the concession buildings shall be in substantial conformance with the elevation drawings untitled and undated. Said elevations are on file in the Department of Planning. 3. All signage and lighting shall substantially adhere to the Princess Anne Commons Design Guidelines. Details of all signage and lighting shall be submitted with the final site plan and reviewed and approved by the Planning Director prior to the approval of the site plan. 4. All buildings and exterior building materials shall substantially adhere to the Princess Anne Commons Design Guidelines.. 5. At a minimum, ten (10) foot wide buffer/filter strips shall be installed adjacent to the outfields of ball fields that will not drain into a stormwater management facility. Said filter strips shall be designed based on standards within the Best Management Practices Design Guidance Manual for Hampton Roads, HRPDC, December 1991. 6. Fire apparatus road(s) built per Statewide Fire Code specifications are required to extend within 150 feet of any buildings or structures. 7. An approved water supply for fire protection must be provided within 400 feet of any buildings or structures on site. 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. Item # 16 Green Run Little League, Inc. Page 2 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 RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABS 0 ABSENT 1 By a vote of 10-0,, the Board approved item 16 for consent. Rob Beaman appeared before the Board on behalf of the applicant. ABSENT ■ � ® ■2 /� � k2 ■� k° & � a2 ■ o k $ E� \■ � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCDONALD DEVELOPMENT COJBARBARA CREECH, TRUSTEE OF THE ALFRED T. CREECH IRROVACABLE TRUST, Change of Zoning District Classification, AG -1 Agriculture & AG -2 Agriculture to Conditional 1-1 Industrial District, Southeast side of Harpers Road West of Oceana Boulevard (GPIN 2405888850; portion of 2415082343). BEACH DISTRICT. MEETING DATE: September 27, 2011 ■ Background: The applicant requests a Conditional Change of Zoning from AG -1 and AG -2 Agricultural Districts to 1-1 Light Industrial District for the purpose of creating a 30.95 -acre parcel that will be used for a distribution center for 150 Navy Exchange (NEX) stores. The site is being created from two existing parcels that have a combined size of 74.60 acres. Once rezoned, the 30.95 -acre site will be further divided to create a 27 -acre development parcel (Lot 100) as well as right- of-way for a roadway. The roadway will provide access to Lot 100 as well as future development parcels in what will be a light industrial business park on the remaining 43.65 acres. The majority of these 43.65 acres will remain zoned AG -1 Agricultural at this time, and a portion on the far eastern end of the site will retain its current A-12 Apartment zoning. ■ Considerations: The Conditional 1-1 zoning will, under the terms of the proffers listed, provide for the construction of a 350,158 square foot warehouse/distribution center, parking and other site improvements associated with the warehouse, and approximately 350 feet of a new two-lane roadway that will provide access to the warehouse as well as additional future parcels in a light industrial/business park planned for the area to the southeast. The warehouse/distribution center will serve 150 separate Navy Exchange (NEX) facilities. The Plan designates this area of the city as Suburban Area - Special Economic Growth Area 3 (SEGA 3), South Oceana, which is an area with significant economic value and growth potential. The proposed use of the property, as well as the proffered site and architectural designs for the warehouse, demonstrate consistency with the Comprehensive Plan's design policies and land use recommendations for high quality employment, corporate parks, and light industrial uses. The development of the site as proffered is consistent with the recommendation in the APZ-1/CZ Master Plan. The applicant's attention to including sustainable design elements in the building is also consistent with the McDonald Development Co. Page 2of3 Comprehensive Plan's recommendations pertaining to environmental stewardship. In sum, based on staffs evaluation of the submitted application, proffers, and support documentation, staff recommends that the Change of Zoning to 1-1 Light Industrial be granted as proffered. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion b,y a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL LAYOUT PLAN 2" "TAYLOR FARM PROPERTY Virginia Beach, Virginia", dated June 30, 2011, prepared by Kimley- Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Layout Plan"). PROFFER 2: When the Property is developed, the architectural design of the building depicted on the Site Layout Plan shall be substantially as depicted on the "PROPOSED NEXCOM DISTRIBUTION WAREHOUSE VIRGINIA BEACH, VA", dated 6/30/11, prepared by Smallwood, Reynolds, Stewart, Stewart & Associates, Inc., Architects ("Elevations") and as further depicted on the "Rendering of Proposed Commerce Center for McDonald Development", dated June 29, 2011, both of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 3: When the Property is developed, its frontage on Harpers Road and the area between the parking lot and the eastern boundary of the Property shall be landscaped and maintained substantially as depicted and described on the Site Layout Plan. McDonald Development Co. Page 3 of 3 PROFFER 4: When the Property is developed, all trucks accessing and departing from the Property shall only be permitted to utilize that portion of Harpers Road in front of the Property and between the Property and Oceana Boulevard (i.e. to the east of the Property). PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS.: The proffers listed above ensure that the I-1 Light Industrial zoning requested for the property is tied to a specific site design that, short of a detailed site plan review, appears to meet the fundamental requirements of the City's development ordinances. The proposed layout also provides for adequate and safe access to the site for delivery trucks coming to and going from the warehouse. The proffers also tie the rezoning to a specific architectural design for the warehouse building, which ensures the building is constructed with materials, detailing, and colors that will provide for a quality industrial building. The City Attorney's Office has reviewed the proffer agreement dated June 30, 2011, and found it to be legally sufficient and in acceptable legal form. ■ 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 Manager. �-, BEACH 12 September 14, 2011 Public Hearing APPLICANT: MCDONALD DEVELOPMENT CO. PROPERTY OWNER: BARBARA CREECH, TRUSTEE OF THE ALFRED T. CREECH IRROVACABLE TRUST STAFF PLANNER: Stephen J. White REQUEST: Conditional Change of Zoning (AG -1 and AG -2 Agricultural to Conditional 1-1 Light Industrial) ADDRESS / DESCRIPTION: Southeast side of Harpers Road, approximately one mile west of the intersection of Oceana Boulevard and Harpers Road. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2405888850; portion of BEACH 30.95 acres Greater than 75 db DNL / 2415082343 APZ-1 and APZ-2 SUMMARY OF REQUEST The applicant requests a Conditional Change of Zoning from AG -1 and AG -2 Agricultural Districts to 1-1 Light Industrial District for the purpose of creating a 30.95 -acre parcel that will be used for a distribution center for 150 Navy Exchange (NEX) stores. The site is being created from two existing parcels that have a combined size of 74.60 acres. Once rezoned, the 30.95 -acre site will be further divided to create a 27 - acre development parcel (Lot 100) as well as right-of-way for a roadway. The roadway will provide access to Lot 100 as well as future development parcels in what will be a light industrial business park on the remaining 43.65 acres. The majority of these 43.65 acres will remain zoned AG -1 Agricultural at this time, and a portion on the far eastern end of the site will retain its current A-12 Apartment zoning. The development of the site, as shown on the proffered concept plan, will consist of the following: A new two-lane roadway will be constructed that will extend from a new intersection with Harpers Road into the development parcel. The intersection will include improvements to Harpers Road that will primarily consist of widening to accommodate turn lanes. At this point in time, the new roadway will extend approximately 350 feet into the site from the Harpers Road right-of-way and will terminate as a stub. This design will allow access to and from the employee/visitor parking lot, while still allowing extension of the roadway in the future when other parcels in the proposed light industrial business park develop. A 350,158 square foot warehouse will be constructed, with the shortest side (approximately 400 feet) parallel to Harpers Road, which will reduce the visual impact of the structure from Harpers Road. The longer side (876 feet) of the warehouse faces the adjacent site to the southwest (Schools Pupil Transportation Services Maintenance Facility) as well as the new roadway on the northeast side. A small area (up to 15,000 square feet) of the warehouse will be devoted to administrative functions. Particular design characteristics of the warehouse will consist of the following: o Exterior of concrete wall panels with a medium -texture exterior coating. The panels will be painted in several shades of grey in horizontal bands around the top of the building, which will provide visual relief to the overall height of the building. The height of the building will be 37 feet, except at several places where the facade is broken up to provide visual relief (such as the entrance area of the building). The height at those places will be 38 feet. o Windows with grey -tinted glazing in an anodized aluminum frame. o A prefinished metal bullnose canopy will be installed over the dock area. Canopies will also be located over the main entrances, which will feature aluminum storefronts with full - height tinted glazing. o The southwest side of the building (shipping/receiving) will be punctuated by 44 roll -up dock doors as well as one roll -up door for a drive-in ramp dock. o Lighting of the exterior will be addressed through the use of wall -mounted fixtures on the building and pole -mounted fixtures in the parking area. The fixtures will be rectangular and will have the `cut-off design feature that ensures downward illumination with minimal spillover illumination of adjacent property. o The overall design of the building will include many features advocated by the United States Green Building Council (USGBC) for LEED certification. In addition to the method for exterior lighting described above, daylighting of the interior of the building will be achieved through glass panels located on the dock above the overhead doors, as well as the full -height glazing located at the entrance. To screen the rooftop mechanical equipment, while also enhancing the appearance of the building by increasing the apparent height, the building will have a high parapet wall. A final feature meeting LEED standards is the use of interior roof drains instead of traditional gutter/downspout systems, which will eliminate the corrosion of the downspouts and the subsequent impact of the runoff from the roof and downspout corrosion to the site. A 146 -foot by 660 -foot shipping/receiving area will be constructed on the southwest side of the warehouse. The closest 60 feet of this area adjacent to the building will consist of a reinforced pad where trucks with trailers will be parked for loading or unloading. Access to this area will be from a two-lane, gated drive that intersects with Harpers Road adjacent to the property line. A left -turn lane from Harpers Road to this drive is shown on the plan (discussed further in the "Traffic Engineering Comments" section below). Two separate parking areas will be constructed, one for employees and visitors, located along the front and northeast side of the building, and another for trucks and shipping trailers, located between the rear (southeast) side of the building and the property line. The concept plan shows 208 parking spaces for the employee/visitor lot, which is sufficient for the maximum number of employees planned during any one shift (Zoning Ordinance requires one space per employe).'- MCDONALD DEVELOPMENT CO. Agenda Item 12 Page 2 The concept plan shows 101 spaces for the truck/trailer parking area (there is no Zoning Ordinance requirement for this type of parking). Both parking areas, as shown on the plan, are designed with parking spaces and drive aisles that, at this conceptual design phase, either meet design standards or can be easily adjusted to meet standards during site plan review. The truck/trailer parking area, as well as the shipping/receiving area, will be enclosed with a chain-link fence. The employee/visitor parking area will be screened by large street trees and street frontage shrubs. Access to the employee and visitor parking will be through a driveway located on the new roadway, 250 feet from the intersection with Harpers Road. Access to and from the truck/trailer parking area will be through the shipping/receiving area and its connection to Harpers Road. A large stormwater management facility is shown on the plan, located at the southeast corner of the site. This facility will treat the stormwater from the building roof, parking areas, and the other impervious areas that will be on the site post -development. Based on the final size of the facility, there may be some potential for future development sites to utilize its treatment capacity. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped site, currently being used for crop production. SURROUNDING LAND North: . Undeveloped site being used for crop production / AGA and USE AND ZONING: AG -2 Agricultural • Harpers Road • Across Harpers Road, NAS Oceana South: . Undeveloped site being used for crop production / AGA Agricultural • Virginia Beach Schools Pupil Transportation Services Maintenance Facility / Conditional 1-2 Industrial East: • Undeveloped site being used for crop production / AGA Agricultural West: . Harpers Road • Across Harpers Road, NAS Oceana NATURAL RESOURCE AND The majority of the site is in crop production. Several drainage ditches CULTURAL FEATURES: associated with that activity are located on the site. COMPREHENSIVE PLAN / LAND USE: The Comprehensive Plan designates this area of the city as Suburban Area - Special Economic Growth Area 3 (SEGA 3), South Oceana. South Oceana is a large hourglass -shaped tract of land encompassing properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. This area is viewed as a special area with significant economic value and growth potential, particularly if the Southeastern Parkway or a similar regional transportation facility within the same corridor is constructed. Due to portions of SEGA 3 being situated within AICUZ and APZ, the Comprehensive Plan supports development and redevelopment of this area consistent with AICUZ provisions and the City's Economic Growth Strategy. High quality employment, corporate parks and light industrial uses are encouraged for undeveloped tracts in this area. The Comprehensive Plan stresses that every effort should be made, where; feasible, to consolidate parcels to achieve a more unified development pattern, (p. 3-32, Policy Document). Additionally, the APZ-1/CZ Master Plan designates a portion of this property as being located within the APZ- MCDONALD DEVELOPMENT CO. Agenda Iters 12 Page -3 1, Sub -Area C, and identifies non-residential land uses compatible with APZ-1. These uses are listed in more detail in Article 18 of the City Zoning Ordinance, and APZ-1 Ordinance for this area, (p. 10, APZ-1/CZ Plan). COMPREHENSIVE PLAN / DESIGN: The applicable design guidelines for this area are the Suburban Areas portion of the Special Area Development Guidelines for site and building design in the Comprehensive Plan's Reference Handbook. Those guidelines state that non-residential land uses should respect the scale, height, and character of similar uses in the area. Regarding the layout of the site, the guidelines stress that commercial buildings should be oriented toward the front of the lot within a well -landscaped green area, with parking and loading areas located toward the rear of the site, (pp. B-7 to B-13). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Harpers Road is a two-lane collector with a 22 -foot pavement width within a variable width right-of-way. The Master Transportation Plan recommends that Harpers Road be ultimately improved to an undivided four -lane major collector with a 100 -foot right-of-way width. There is, however, no current Capital Improvement Program (CIP) Roadway project scheduled for this segment of Harpers Road. TRAFFIC DATA: Street Name Present Volume Present Capacity Generated Traffic Harpers Road 10,637 ADT 6,200 ADT 1 (Level of Existing Land Use - 0 ADT Service "C") Potential Land Use 3— 30 ADT 9,900 ADT (Level of Proposed Land Use 4-_ Service "D" - Capacity) 1,736 ADT 11,100 ADT' (Level 158 morning of Service "E") Peak Hour Vehicles (total) 165 afternoon Peak Hour Vehicles total Average Daily Trips 2 as defined by a vacant site 3 as defined by uses allowed under Agricultural zoning as defined by 350,000 SF warehouse TRAFFIC ENGINEERING COMMENTS: • Based on the fact that a right -turn lane cannot be provided for a truck entrance to the site (due to proximity of truck entrance at property line), Traffic Engineering requested that the applicant provide a proffer stating that truck access to and from the proposed site would be via Harpers Road and Oceana Boulevard [STAFF NOTE. The applicant has provided such a proffer (#4)]. By accessing the site in this manner, the potential for a truck to block a travel lane while waiting to turn into the site is significantly reduced. • The turn lanes and entrances shown on the Conceptual Layout Plan submitted with this application generally reflect discussions between Traffic Engineering and developer in June. There are, however, several design details regarding the Harpers Road geometric improvements that will need to be addressed at the site plan review stage if this application is approved. • A right-of-way dedication may be necessary to accommodate the required geometric improvements to Harpers Road or the ultimate right-of-way width for Harpers Road. The submitted Conceptual Layout Plan provides a 35 -foot wide dedication. The final dedication will be determined during site plan review. • A Traffic Impact Study is not required for this 350,000 square foot warehouse. WATER: This site must connect to City water. There is an existing 10 -inch City water main in Harpers Road. SEWER: There is an existing 4 -inch City sanitary sewer force main on Harpers Road; however, City sanitary sewer is not available for use. Health Department approval is required for septic systems. Private grinder pumps and force main may be an option. The applicant is aware of these constraints. SCHOOLS: Due to the adjacency of the Virginia Beach Schools Pupil Transportation Services Maintenance Facility, the application package was routed to the Virginia Beach Public Schools for comment. The School's Office of Demographics and Planning notes that they are aware of the project and they have no comments regarding the project. EVALUATION AND RECOMMENDATION The applicant is requesting a Change of Zoning from AG -1 and AG -2 Agricultural Districts to Conditional 1-1 Light Industrial District on 30.95 acres of a larger 74.60 -acre parcel. The Conditional 1-1 zoning will, under the terms of the proffers listed below, provide for the construction of a 350,158 square foot warehouse/distribution center, parking and other site improvements associated with the warehouse, and approximately 350 feet of a new two-lane roadway that will provide access to the warehouse as well as additional future parcels in a light industrial/business park planned for the area to the southeast. The warehouse/distribution center will serve 150 separate Navy Exchange (NEX) facilities. Staff has evaluated this request and finds that the proposed land use is consistent with the recommendations of the Comprehensive Plan. The Plan designates this area of the city as Suburban Area - Special Economic Growth Area 3 (SEGA 3), South Oceana, which is an area with significant economic value and growth potential. The proposed use of the property, as well as the proffered site and architectural designs for the warehouse, demonstrate consistency with the Comprehensive Plan's design policies and land use recommendations for high quality employment, corporate parks, and light industrial uses. Additionally, the APZ-1/CZ Master Plan designates a portion of the subject property as being located within the APZ-1, Sub -Area C, and identifies non-residential land uses compatible with APZ-1, (p. 10, APZ-1/CZ Plan). The development of the site as proffered is consistent with that recommendation. - Finally, the applicant's attention to including sustainable design elements in the building is consistent with the Comprehensive Plan's recommendations pertaining to environmental stewardship. In sum, based on staffs evaluation of the submitted application, proffers, and support documentation, staff recommends that the Change of Zoning to 1-1 Light Industrial be granted as proffered. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(hx1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL LAYOUT PLAN 2" "TAYLOR FARM PROPERTY Virginia Beach, Virginia", dated June 30, 2011, prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Layout Plan"). PROFFER 2: When the Property is developed, the architectural design of the building depicted on the Site Layout Plan shall be substantially as depicted on the "PROPOSED NEXCOM DISTRIBUTION WAREHOUSE VIRGINIA BEACH, VA", dated 6/30/11, prepared by Smallwood, Reynolds, Stewart, Stewart & Associates, Inc., Architects ("Elevations") and as further depicted on the "Rendering of Proposed Commerce Center for McDonald Development", dated June 29, 2011, both of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 3: When the Property is developed, its frontage on Harpers Road and the area between the parking lot and the eastern boundary of the Property shall be landscaped and maintained substantially as depicted and described on the Site Layout Plan. PROFFER 4: When the Property is developed, all trucks accessing and departing from the Property shall only be permitted to utilize that portion of Harpers Road in front of the Property and between the Property and Oceana Boulevard (i.e. to the east of the Property). PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above ensure that the I-1 Light Industrial zoning requested for the property is tied to a speck site design that, short of a detailed site plan review, appears to meet the fundamental requirements of the City's development ordinances. The proposed layout also provides for adequate and safe access to the site for delivery trucks coming to and going from the warehouse. The proffers also tie the rezoning to a specific architectural design for the warehouse building, which ensures the building is constructed with materials, detailing, and colors that will provide for a quality industrial building. The City Attorney's Office has reviewed the proffer agreement dated June 30, 2011, and found it to be legally sufficient and in acceptable legal form. PROPOSED SITE PLAN (WITHOUT STORMWATER FACILITY SHOWN) MCDONALD D cox ggmwmenv put, pmvew sass me ass - «Uo "=%pw -OL+t'ter x sees 4 --'Na -M--W 1Nii 1 111 1 {Ilii illi 'llama Kilauea� i 4rti .. cox ggmwmenv put, pmvew sass me ass - «Uo "=%pw -OL+t'ter x sees 4 --'Na -M--W 1Nii 1 111 1 {Ilii illi 'llama Kilauea� i lon Ii=1 ::4 ►.:�,WIWI 0, too IIY I wroirwra �E1�1 .i tom! III [{{ 111iii 1 il l .H � EMUS .� ....�.{{{{a 1111 ,f: SEE . �...� � 1lli� 1ii1 lil II1i 111 — it=3�ll 111;x, illo§N i1-3i� ilii�/1 1{{{{ I11I� {i{i{ Il i /1 II Il{{ { 1!{{{ Ism mum Il1ii1 ��- llil Ire Illiill 3i/l I Ili °- ONE illi 11cm { { { E Illi =�11{��{ {{{{t{ 1 III@1I {�� "' 11 illi Jim {{ Ill OECD(, l{�{{�{ it Illi , it til ilk [{ willillil 1 111i11`Li1{ �I1=1111 I11i� [__ i� IIn [c{f�{� llml iIll 1111 [{{, ill.; [ Nil�1 sop -in ills illiill 1I 11111/l il:3i�1 Ilium Ill�i�l Mal111 I11 . 11111 [{ {�{ MEN IllUN `•�I IM, � mi II ° 1 {3Il{l iitl�ilf ■tet��si �rirrrr�rr� all fast ron ilot - Ill I� +stat®i tiirirr ari��� C M CL E u C W E 0. 0 as a 0 .a c 0 0 u L 4� ^L W AC W u O u L a� E E O u a 0 CL 0 L a. 1� 0 i d "G C O1 RENDERING OF PROPOSED BUILDING (from corner of Harpers Road and main roadway access) MCDONALD DEVEL:QPMEN7 O. Agenda Item 12 Pagi 11 ZONING HISTORY # DATE REQUEST ACTON 1 03/22/2011 Use Permit Borrow Pit Approved 2 09/22/2009 Use Permit Wind Energy Conversion System) Approved 07/08/2008 Conditional Rezoning AG-1/AG-2 to 1-2 Industrial Approved 3 05/14/2002 Conditional Rezoning AG-1/AG-2 to 1-2 Industrial Approved 4 1 05/08/1989 1 Use Permit Golf Course Approved 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) McDonald Development Co.: John R. McDonald, President; Elizabeth M. McDonald, SecretaryfTreasurer, Tracy White, Senior Vice President List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) © Chert here if the applicant is NOT a corporation, partnership, firm, business, or otheir unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporates, 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) Barbara T. Creech, Trustee of the Alfred T. Creech Irrevocable Trust; BT Holdings III, LLC: Barbara T. Creech, Sole Member; 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach fist if necessary) O Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 Text page for foobwm O Pon=( bww=4 A 0 CorAhoml P=xft ApphcoWn Page 11 of 12 Revised 911=4 DISCLOSURE STATEMENT 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 fist ff necessary) Sykes, Bourdon, Ahem & Levy, P.C. Smallwood Reynolds Steart Kimley-Nom & Associates & Stewart, aitchitects M A, P.C. McDonald Construction Harvey Lindsay Commercial Real Estate Services, Inc. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 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 (1) 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 kinds 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 pubffc hearing according to the instructions th is package. McDonald De t By. t rC (,t54 Aji; c_ nfs Sig re PrintNarnefSr. Vice Pres. AM Cocab�Trust By: reech Irr,5,� L Barbara T. Creech, Trustee _ Propm ty Owner's Signature (i` different than applicant) Print Name Conditnat Rezw wp Appkabon Page 12 of 12 Revised 811120CM1 DISCLOSURE STATEMENT MCDONALD WQPMENT CO: Agenda Iten> 12 Page 14 Item #12 McDonald Development Co. Conditional Change of Zoning Southeast side of Harpers Road District 6 Beach September 14, 2011 CONSENT An application of McDonald Development Co. for a Conditional Change of Zoning on property located on the southeast side of Harpers Road approximately one mile west of the intersection of Oceana Boulevard and Harpers Road, District 6, Beach. GPIN: 24058888500000 portion of; 24150823430000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL, LAYOUT PLAN 2" "TAYLOR FARM PROPERTY Virginia Beach, Virginia", dated June 30, 2011, prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Layout Plan"). PROFFER 2: When the Property is developed, the architectural design of the building depicted on the Site Layout Plan shall be substantially as depicted on the "PROPOSED NEXCOM DISTRIBUTION WAREHOUSE VIRGINIA BEACH, VA", dated 6/30/11, prepared by Smallwood, Reynolds, Stewart, Stewart ,& Associates, Inc., Architects ("Elevations") and as further depicted on the "Rendering of Proposed Commerce Center for McDonald Development", dated June 29, 2011, both of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 3: When the Property is developed, its frontage on Harpers Road and the area between the parking lot and the eastern boundary of the Property shall be landscaped and maintained substantially as depicted and described on the Site Layout Plan. PROFFER 4: Item #12 McDonald Development Co. Page 2 When the Property is developed, all trucks accessing and departing from the Property shall only be permitted to utilize that portion of Harpers Road in front of the Property and between the Property and Oceana Boulevard (i.e. to the east of the Property). PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above ensure that the I-1 Light Industrial zoning requested for the property is tied to a specific site design that, short of a detailed site plan review, appears to meet the fundamental requirements of the City's development ordinances. The proposed layout also provides for adequate and safe access to the site for delivery trucks coming to and going from the warehouse. The proffers also tie the rezoning to a specific architectural design for the warehouse building, which ensures the building is constructed with materials, detailing, and colors that will provide for a quality industrial building. The City Attorney's Office has reviewed the proffer agreement dated June 30, 2011, and found it to be legally sufficient and in acceptable legal form. AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABS 0 ABSENT 0 By a vote of 11-0, the Board has approved item 12 by consent. Eddie Bourdon appeared before the Board on behalf of the applicant. IA•BEa -_ OUR N'1% In Reply Refer To Our File No. DF8148 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: September 16, 2011 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; McDonald Development Co. / Barbara Creech, Trustee of the Alfred T. Creech Irrevocable Trust The above -referenced conditional zoning application is scheduled to be heard by the City Council on September 27; 2011. 1 have reviewed the subject proffer agreement, dated June 30, 2011 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feE!l free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen McDONALD DEVELOPMENT CO., a Georgia Corporation BARBARA T. CREECH, TRUSTEE OF THE ALFRED T. CREECH IRREVOCABLE TRUST BT HOLDINGS III, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 3oth day of June, 2o11, by and between McDONALD DEVELOPMENT CO., a Georgia Corporation, Grantor, parry of the first part; BARBARA T. CREECH, TRUSTEE for the benefit of ALFRED T. CREECH under IRREVOCABLE TRUST AGREEMENT dated December 22, 1986, Grantor, party of the second part; BT HOLDINGS III, LLC, a Virginia limited liability company, Grantor, party of the third part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the fourth part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 6.11 acres and described as "Parcel 1" in Exhibit "A" attached hereto and incorporated herein by this reference, said parcel along with "Parcel 2" is hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the third part is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 24.841 acres and described as "Parcel 2" in Exhibit "A" attached hereto and incorporated herein by this reference, said parcel along with "Parcel 1" is hereinafter collectively referred to as the "Property"; and GPIN: 2405-88-8850 Part of 2415-o8-2343 Prepared By: R Edward Bourdon, Jr., Esquire PREPARED BY: Sykes, Bourdon, Ahern & Levy, P.C. M . SI' ES, BOURDON 281 Independence Blvd. Al4W & L, Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the parry of the first part, as Contract Purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are riot generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, ;grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro -quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown PREPARED BY: SYKES, POURDON. on the exhibit entitled "CONCEPTUAL LAYOUT PLAN 2" "TAYLOR FARM PROPERTY ERN & P.C.Virginia Beach, Virginia", dated 6/30/2011, prepared by Kimley-Horn and Associates, Inc., 2 PREPARED BY: SYVES. BOURDON, AHERN & LEVY. P.C. which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Layout Plan"). 2. When the Property is developed, the architectural design of the building depicted on the Site Layout Plan shall be substantially as depicted on the "PROPOSED NEXCOM DISTRIBUTION WAREHOUSE VIRGINIA BEACH, VA", dated 6/30/11, prepared by Smallwood, Reynolds, Stewart, Stewart & Associates, Inc., Architects ("Elevations") and as further depicted on the "Rendering of Proposed Commerce Center for McDonald Development", dated June 29, 2o11, both of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. When the Property is developed, its frontage on Harpers Road and the area between the parking lot and the eastern boundary of the Property shall be landscaped and maintained substantially as depicted and described on the Site Layout Plan. 4. When the Property is developed, all trucks accessing and departing from the Property shall only be permitted to utilize that portion of Harpers Road in front of the Property and between the Property and Oceana Boulevard (i.e. to the east of the Property). 5. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG -1, AG -2 and I-1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing 3 body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditiions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of -the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY:. I: SYKES. ROURDON. i� AHERN & LEVY, AC 0 WITNESS the following signature and seal: Grantor: McDonald Development Co., a Georgia corporation By: .� iv (SEAL) Tracy White, V ce President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this3 0th day of June, 2011, by Tracy White, Vice President of McDonald Development Co., a Georgia corporation, Grantor. Notary Public My Commission Expires: August 31, 2014 Notary Registration No.: 192628 PREPARED BY: lig SYLES. BOURDON, 0 AREMN & LEVY. P.C. 5 WITNESS the following signature and seal: Grantor: cSEAQ arbara T. Creech, Trustee for the benefit of Alfred T. Creech under Irrevocable Trust Agreement dated December 22,1986 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 4 qday of 2011, by 'Barbara T. Creech, Trustee for the benefit of Alfred T. Creech rrevocable Trust Agreement dated December 22, 1986. &dLh_ - 9i 24Aa wu� Notary Public My Commission Expires: O Z e Z Notary Registration No.: 3 4 0 5 2 Ce�o�wilu� of 340523 My IftommiSSiOr. "7-;0c jur, i0 PREPARED BY: SMS, POURDON, AHERN & LEVY, K WITNESS the following signature and seal: Grantor: BT Holdings III, LLC, a Virginia limited liability company By: ---_ �r (SEAL) Barbara T. Creech, ole Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this tK day of 2oii, by Barbara T. Creech, Sole Member of BT Holdings III, LLC, a Virginia ted company. "' Notary Public My Commission Expires: UJLL 4 8 17 - Notary Registration No.: — 5 �MM�! Gar�oerrMM �tN�MO �ron+nM�:ion E+.�Nee � 8b. 2012 PREPARED BY: SYKES. GOURDON, i� AHERN & LEVY. P.C. 7 PREPARED BY: sus. BOURDON. AHERN & LLVY, P.0 EXHIBIT "A" Parcell: All that certain tract or parcel of land known as "PARCEL W lying, situate and being in the City of Virginia Beach, Virginia, as is more particularly shown on that certain plat entitled, "Subdiviision of a Portion of the Property of The Taylor Group, L.P.", prepared by Basgier & Associates, dated March 4, 1997, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia ("Clerk's Office") in Map Book 266, at Pages 32 and 33• GPIN: 2405-77-8850 Parcel 2: That certain 1,o82,o83 square foot portion of "PARCEL B" as shown on the plat entitled, "RESUBDIVISION OF THE TAYLOR FARMS, (Instrument No. 2008 loo 9oo11 83 700), Virginia Beach, Virginia, dated July 29, 2009, made by MSA, P.C., which is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 2009102300123956o. Said property is located in the City of Virginia Beach, Virginia, and is more particularly described as follows: Beginning at a pin found located on the southern right-of-way of Harpers Road being a point on the dividing line between Parcel A-1 (GPIN 2405-87-48o9) and Parcel B (GPIN 2415-o8- 2343), said pin being the Point of the Beginning; thence continuing along Harpers Road on a line 20' offset and parallel to the existing right-of-way N 43° 24' 2o" E, a distance of 163.92' to a point; thence N 43° 45' 4o" E, a distance of 325.15' to a point located on the dividing line between Parcel D (GPIN 2405-88-885o) and Parcel B (GPIN 2415-08-2343) thence continuing along said dividing line S 46° 40'3o" E, a distance of 888.51' to a point; N 43° 48' 25" E, a distance of 225.67' to a point; S 460 40' 3o" E, a distance of 450.49' to a point of curvature of a curve to the left having a radius of 370.00', an arc length of 466.72', a chord bearing of S 82° 48'43" E and a chord distance of 436.39' to a point of tangency; thence N 61° 03' 04"E, a distance of 72.91' to a point of curvature of a curve to the left having a radius of 50.00', an arc length of 52.36' a chord bearing of N 31° 03' 04" E and a chord distance of 50.00' to a point of reverse curve of a curve to the right having a radius of 50.00', an arc length of 130.9o', a chord bearing of N 760 03'04'E, and a chord distance of 96.59' to a point; thence S 28° 56'56" E, a distance of 480.00' to a point; thence S 61° 03; 04" W, a distance of 453.59'1-.0 a point; thence S 46" 35'40" W, a distance of 701.10' to a point; thence S 43° 24' 20" W, a distance of 596.24' to a pin found located on the dividing line between Residual Parcel A and Parcel A-1 (GPIN 2405-87-48o9); thence continuing along said dividing line N 460 35' }o" W, a distance of 1,377.00' to a pin found, said pin being the Point of Beginning and containing 1,o82,083 square feet or 24.841 acres. GPIN: Part of 2415-o8-2343 \\Sykesw2k\users\AM\Conditional Rezoning\McDonald Development\Proffendoc M. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD _ N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT CITY OF VIRGINIA BEACH CITY COUNCIL BREIFING: SUMMARY OF COUNCIL ACTIONS V/VI/D DATE: 9/13/2011 VA BEACH ROUNDTABLE — HRCC Linwood Branch, PAGE: 1 D S S Initiatives and Top Priorities 2011 Chair 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 Y 1 P E E E E M O I O O S H L R Y S S D N N D I/II/III/IV/ CITY COUNCIL BREIFING: V/VI/D VA BEACH ROUNDTABLE — HRCC Linwood Branch, Initiatives and Top Priorities 2011 Chair E CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y A SESSION F/ G/ MINUTES — 8/23/11 APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y A H/I/1 BID OPENING: MAYOR READ ONE BID / LEASE OF CTI Y -OWNED PROPERTY REFERRED TO STAFF 2061 Chicory Street J/1 PUBLIC HEARINGS SPECIAL SERVICE DISTRICT (SSD) 3 SPEAKERS Old Donation Neighborhood Dredging Project 2 EXCESS CITY PROPERTY NO SPEAKERS 708 Victor Road 3/a LEASES/CITY-OWNED PROPERTY MAYOR READ Laskin and Republic Roads ONE BID PROPOSAL b 2501 Courthouse Drive NO SPEAKERS c 1401 Southern Boulevard NO SPEAKERS K/I Ordinances to AMEND the City Code: ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y A CONSENT a §2-75 re Merit/Nonmerit Service b §2-134 re Type B Grievances ADOPTED, BY CONSENT c § 7-59.6 re skateboards/wheeled devices ADOPTED AS in city owned garages AMENDED, BY CONSENT CITY OF VIRGINIA BE4C'f7 Ordinances re Old Donation Creek Area ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y A Dredging SSD CONSENT DATE: 9/13/2011 AMEND City Code ADDING Chapter PAGE: 2 D S S 35.3 "Neighborhood Dredging" SSD re 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 Y 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 2/a Ordinances re Old Donation Creek Area ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y A Dredging SSD CONSENT AMEND City Code ADDING Chapter 35.3 "Neighborhood Dredging" SSD re Old Donation Creek area b CREATE "Old Donation Creek Area ADOPTED, BY 9-0 Y Y Y Y Y Y Y A Y Y A Dredging" Project/APPROPRIATE CONSENT B estimated real estate revenue/ S TRANSFER funds/provide direction re T dredged materials A A I N E D 3/a Ordinances re Whole Foods Market ADOPTED, AS 10-0 Y Y Y Y Y Y Y Y Y Y A Group, Inc. (retail market): AMENDED, BY CONSENT Declare City owned pump sta at 708 Victor Road as EXCESS/AUTHORIZE conveyance same to Republic Station, LLC b AUTHORIZE long term lease of property at Laskin/Republic Roads 4 Ordinance to AUTHORIZE lease with ADOPTED, AS 10-0 Y Y Y Y Y Y Y Y Y Y A E.V. Williams, Inc. at 1401 Southern AMENDED, BY Boulevard CONSENT 5 Ordinance to AUTHORIZE lease with ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y A Beach Municipal Federal Credit Union at CONSENT 2501 Courthouse Drive, :Building 4 6 Resolution to AUTHORIZE enlargement ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y A of 19'b Street Corridor Recovery Zone to CONSENT include western resort area as Resort Area West Recovery Zone 7 Resolution to AUTHORIZE Hampton ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y A Roads Urban Area Security Initiative CONSENT Grant from U.S. Homeland Security $2,500,000 re emergency communications 8 Ordinance to AUTHORIZE sanitary ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y A sewer line in Norfolk's r/u/w Wesleyan CONSENT Drive/EXECUTE Franchise Agreement CITY OF VIRGINIA BEACH Ordinances to AUTHORIZE ADOPTED/CONDI- 10-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y A encroachments: TIONED, BY CONSENT DATE: 9/13/2011 MARCUS GJANNE M. DRAGAS re PAGE: 3 D S S elevated beach access at 526 South 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 1 O O S H L R Y S S D N N D 9/a Ordinances to AUTHORIZE ADOPTED/CONDI- 10-0 Y Y Y Y Y Y Y Y Y Y A encroachments: TIONED, BY CONSENT MARCUS GJANNE M. DRAGAS re elevated beach access at 526 South Atlantic Avenue, Croatan Beach (DISTRICT 6 — BEACH) b PEDRO F. /MELLESSA M. BECERRA re wharf/boatlif, deck/dock at 308 Teal Crescent, Sand Broad Lake (DISTRICT 7 — PRINCESS ANNE) 10 Ordinance to ADOPTED, BY 9-0 Y Y Y Y Y Y Y A Y Y A ACCEPT/APPROPRIATE a $152,667 CONSENT B Grant from Edward Byrne Justice S Assistance re Criminal Justice Board for T public safety/criminal processing A I N E D 11/a Ordinances to provide TRANSFERS ADOPTED, BY 9-0 Y Y Y Y Y Y Y A Y Y A within Inmate Services Special Revenue CONSENT B Fund of Sheriff's Budget: S T $32,573 re Food Services Assistant A I b $70,000 re digital security cameras N E D L-1 ANNETTE C. BEAUDRY, APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A EXE./ANNETTE C. CONDITIONED, BEAUDRY/JOHNNIE M. HICKS, BY CONSENT Variance to §4.4(b) of Subdivision Ord that all lots meet CZO at 2508 Beaufort Avenue (DISTRICT 4 — BAYSIDE) 2 CHECKERED FLAG STORE # 2, APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A LLC/EVERGREEN VIRGINIA, LLC CONDITIONED, re car wash at 5225 Virginia Beach BY CONSENT Boulevard (DISTRICT 2 — KEMPS VILLE) 3 OUTLET MALL PROPERTIES, L.C., APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A CUP re business/vocational school at 116 CONDITIONED, South Independence Boulevard BY CONSENT (DISTRICT 5 — LYNNHAVEN) 4/a CITY to AMEND: ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y CITY OF VIRGINIA BEACH Y A CONSENT SUMMARY OF COUNCIL ACTIONS City Code §§6.1/ 6.3, Appendix B, DATE: 9/13/2011 Subdivision Regulatious/§4 of Site Plan PAGE: 4 D S S Ord Appendix C, re final plats/ site plans E D H E H W AGENDA D S I CZO, §1303 re re Certificates of E J S E U I ITEM # SUBJECT MOTION VOTE A T E D N 0 S R H L W V E Z Y L N 0 R R S 0 I P E E E E M '0 I 0 0 c S H L R Y S S D N N D 4/a CITY to AMEND: ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y A CONSENT City Code §§6.1/ 6.3, Appendix B, Subdivision Regulatious/§4 of Site Plan Ord Appendix C, re final plats/ site plans b CZO, §1303 re re Certificates of Appropriateness re Historic/Cultural District. c Comp Plan re Rosemont Strategic Growth Area Master Plan/REVISE Policy M. APPOINTMENTS: RESCHEDULED B Y C 0 N S E N S U S AGRICULTURAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD ENERGY ADISORY COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD WETLANDS BOARD WORKFORCE HOUS114G ADVISORY BOARD PARKS and RECREATION Appointed COMMISSION 2 Year Term 9/l/11-8/30/13 Casey Connell, Junior — Kellam High School PUBLIC LIBRARY BOARD Appointed 2 Year Term 9/l/11— 8/31/13 Taylor Hooker, Junior — Bayside High School ADDED PROCESS IMPROVEMENT STEERING Appointed COMMITTEE No Term Katie Gardner Delceno Miles MN/0 ADJOURNMENT 6:24PM PUBLIC COMMENT NO SPEAKERS CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 9/13/2011 PAGE: 5 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 1 O O S H L R Y S S D N N D NATIONAL NIGHT OUT OCTOBER 4, 2011