DECEMBER 6, 2011 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR W/I,LIAMU. SESSOMS, JR., At-large
U/CE MAYOR LOUIS R. JONES, Bayside -District 4
GLENN R. DAMS, Rose Hal! -District 3
WII LlAM R. DeSTEPH, At-Large
HARRY F,. DIEZEL, Kempsvtlle -District 2
ROBERT M DYER, Centerville -District /
BARBARA M. HF,NLEY, Princess Anne -District 7
JOHN D.MOSS, At-/,arge
JOHN E. UHR/N, Beach -District 6
ROSEMARY W/LSON, At-Large
JAMES L. WOOD, /,ynnhaven -District S
CITY COUNCIL APPOINTEES
C/TYMANAGF.R -- JAMF,S K. SPORE
CITY ATTORNEY -MARK D. STI/,ES
C/I'Y ASSESSOR - JERALD D. BANAGAN
CI'T'Y AUD/TOR - LYNDON S. REMIAS
CITY CLERK - RU% F/ HODGES ERASER, MMC
CITY COUNCIL•AGENDA
6 December 2011
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGIN/A BEACH, VIRGINIA 23456-9005
PHONE.•(757) 385-4303
FAX (757) 385-5669
E- tiL4lL: Crycncl@vbgov.com
I. CITY COUNCIL/SCHOOL BOARD JOINT MEETING -Building 19 -
A. FUNDING FORMULA -Discussion
II. COUNCIL INFORMATION SESSION -Conference Room -
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. CITY COUNCIL AGENDA REVIEW
VI. INFORMAL SESSION -Conference Room -
A. CALL TO ORDER -Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
3:00 PM
4:30 PM
5:00 PM
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION
- City Council Chamber -
A. CALL TO ORDER -Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Douglas Rosenvinge, Pastor
Prince of Peace Lutheran Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
A. CONVENTION CENTER HOTEL PRESENTATION
Steve Herbert, Assistant City Manager
H. CONSENT AGENDA
I. ORDINANCES/RESOLUTIONS
1. Ordinance re the Employment Contract of the City Manager.
November 22, 2011
6:00 PM
2. Resolution COMMENDING Kevin Orth and Atlantic American Partners re rehabilitation of
Twin Canal Village Apartments
3. Ordinance re MODIFICATION of a $5 Million interest-free loan to the Virginia Beach Rescue
Squad to reduce payments from $500,000 to $250,000 a year for the life of the loan
4. Ordinance to ACCEPT and APPROPRIATE a $427,610 COPS Secure Our Schools (SOS)
grant from the U.S. Department of Justice and to TRANSFER $427, 610 in matching funds
within the Schools Budget re school security
5. Ordinance to TRANSFER $416,085 within Capital Improvement Program (CIP) Projects re
energy conservations features for the proposed Chesapeake Beach Fire and Rescue Station
J. PLANNING
1. Application of VILLAGE CHURCH for a Modification of a Conditional Use Permit (approved
September 27, 2005) to delete Condition No. 1 re the portable trailer at 4013 Indian River Road
(DISTRICT 1 - CENTERVILLE)
2. Application of RANDY TILLMAN for a Conditional Use Permit re at 1646 -1650 Princess Anne
Road (DISTRICT 7 -PRINCESS ANNE)
3. Applications of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO):
a. §201(e) re fences in side yard setbacks
b. §501 re outdoor recreation and amusement facilities in residential districts
c. §503 re height regulations for public schools in residential districts
4. Application of CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan re the
Virginia Aquarium and Owls Creek Area Master Plan
K. APPOINTMENTS
BOARD OF ZONING APPEALS
CHESAPEAKE BAY PRESERVATION AREA BOARD
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY BOARD
PARKS and RECREATION COMMISSION
PLANNING COMMISSION
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
PUBLIC COM~VIENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
CITY COUNCIL SESSION SCHEDULE
Date Time Meetin
December 13, 2011 TBA Briefings, Informal Session, Formal
Session
January 3, 2012 TBA Back to the normal schedule
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
I. CITY COUNCIL/SCHOOL BOARD JOINT MEETING -Building 19 - 3:00 PM
A. FUNDING FORMULA -Discussion
II. COUNCIL INFORMATION SESSION -Conference Room - 4:30 PM
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. CITY COUNCIL AGENDA REVIEW
VI. INFORMAL SESSION -Conference Room - 5:00 PM
A. CALL TO ORDER -Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION -City Council Chamber - 6:00 PM
A. CALL TO ORDER -Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Douglas Rosenvinge, Pastor
Prince of Peace Lutheran Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
I . INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
A. CONVENTION CENTER HOTEL PRESENTATION
Steve Herbert, Deputy City Manager
November 22, 2011
H. CONSENT AGENDA
I. ORDINANCES/RESOLUTIONS
1. Ordinance re the Employment Contract of the City Manager.
2. Resolution COMMENDING Kevin Orth and Atlantic American Partners re rehabilitation of
Twin Canal Village Apartments
3. Ordinance re MODIFICATION of a $5 Million interest-free loan to the Virginia Beach Rescue
Squad to reduce payments from $500,000 to $250,000 a year for the life of the loan
4. Ordinance to ACCEPT and APPROPRIATE a $427,610 COPS Secure Our Schools (SOS)
grant from the U.S. Department of Justice and to TRANSFER $427, 610 in matching funds
within the Schools Budget re school security
5. Ordinance to TRANSFER $416,085 within Capital Improvement Program (CIP) Projects re
energy conservations features for the proposed Chesapeake Beach Fire and Rescue Station
~ rGNAO~r~
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Approving an Employment Contract for the City Manager
MEETING DATE: December 6, 2011
^ Background: City Charter § 4.01 provides that City Council shall appoint a City
Manager to be the executive and administrative head of the City. The City's practice is
to enter into a written agreement to set forth the terms and conditions of the City
Manager's employment. The City's original agreement with the current City Manager,
James K. Spore, began on November 25, 1991, and was renewed by City Council in
1996, 2001, 2007, and 2009. The current contract expired on November 30, 2011.
^ Considerations: This ordinance approves an employment agreement between
the City Manager and the City for two years, beginning on December 1, 2011, and
ending on November 30, 2013.; His compensation is not being increased, but the
contract has been amended to reflect his current compensation, which was established
by City Council in an ordinance adopted on June 14, 2011.
^ Public Information: This item will be advertised in the same manner as all other
agenda items.
^ Attachments: Ordinance, Redlined Employment Agreement
Requested by Mayor Sessoms and Vice-Mayor Jones
1
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9
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AN ORDINANCE APPROVING AN EMPLOYMENT
CONTRACT FOR THE CITY MANAGER
WHEREAS, the most recent contract between the City and the City Manager
regarding his employment expired on November 30, 2011; and
WHEREAS, the parties desire to renew that contract, with certain amendments,
to November 30, 2013.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH VIRGINIA:
That the employment contract between the City of Virginia Beach and the City
Manager, for the term of December 1, 2011 to November 30, 2013, attached hereto, is
approved, and the Mayor is authorized to execute the contract on behalf of the City.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of , 2011.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA12078
November 16, 2011
R-1
EMPLOYMENT AGREEMENT
This Agreement is entered into this day of
201 1 by and. ueleted: 09
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter
referred to as "City" and JAMES K. SPORE, hereinafter referred to as "Employee."
WITNESSETH
WHEREAS, by agreement dated November 12, 1991, the City of Virginia Beach
employed James K. Spore as its City Manager for a term commencing November 25, 1991, and
ending November 30, 1996;
WHEREAS, by further agreement dated November 12, 1996, the City of Virginia Beach
continued the employment of James K. Spore as its City Manager for a term commencing
November 25, 1996 and ending November 30, 2001;
WHEREAS, by further agreement dated August 28, 2001, the City of Virginia Beach
continued the employment of James K. Spore as its City Manager for a term commencing
December 1, 2001 and ending November 30, 2006;
WHERF.,AS, by further agreement dated June 27, 2007, the City of Virginia Beach
continued the employment of James K. Spore as its City Manager for a term commencing on
December 1, 2006 and ending November 30, 2009;
WHERL:1~ by further ~~t;rcement dated December 8 X009 the City of Vireitlia Beach
continual the employment of IameS K S~rc a~ its City Manager for a Corm commencine
December 1 X009 end endin~T November 30 2011:
WHEREAS, the City wishes to continue the employment of James K. Spore as its City
Manager;
WHF.,REAS, James K. Spore agrees to accept such continued employment; and
WHEREAS, the parties hereto desire to set forth herein the terms and conditions of such
continued employment.
NOW, THEREFORE, for and in consideration of the mutual covenants and obligations
set forth herein and other good and valuable consideration, the parties hereto agree as follows:
Article I -Duties
(a) Employee shall perform the functions and duties of the position of City Manager
in accordance with the provisions of the Charter of the City of Virginia Beach and all other
applicable statutes and ordinances.
(b) Employee shall perform such functions and duties in accordance with the policy
and direction of the City Council.
(c) Employee shall also perform any other legally permissible duties or functions as
the City Council may deem appropriate to assign him at any time during the term hereof.
Article II -Term of Agreement
(a) Except as otherwise provided herein, this Agreement shall commence December
1, 2011„ and end November 30, (,~) I3. Deiecea: 09
Deleted: zot I
(b) Except as provided by Article III, below, during the term hereof, Employee agrees ~.
to remain in the exclusive employ of the City.
(c) Nothing herein shall be deemed to limit in any way the authority of City Council
to terminate the Employee at any time; provided, however that such termination shall be in
accordance with the provisions of Article III, below.
(d) Nothing herein shall be deemed to limit the right of Employee to voluntarily
resign; provided, however, that such resignation shall be in accordance with Article III, below.
Article III -Termination and ResiEnation: Severance Pay
(a) In the event the Employee is terminated by the City before the expiration of the
term of this Agreement, he shall receive as severance pay an amount equal to twelve (12) months
of his base salary. All other benefits hereunder shall cease as of the date of termination.
However, if Employee is terminated for misfeasance, malfeasance, or nonfeasance in office, all
compensation by the City shall end as of the date of termination
(b) If Employee voluntarily resigns, then all compensation and benefits shall cease as
of the effective date of such resignation. Employee shall give the City ninety (90) days written
notice of any such resignation; provided, however, it is expressly understood that City Council
may, in its sole discretion waive any or all of this ninety (90) day notice requirement.
(c) In the event the City, at any time during the employment of Employee, reduces
the salary or other fringe benefits of Employee by a percentage greater than the percentage of
any across-the-board reduction for all City employees, or refuses to comply with any other
provisions of the Agreement benefiting Employee, or in the event Employee resigns following
the request of a majority of the members of City Council that he resign; then Employee may, at
his option, be deemed to have been "terminated", and shall receive severance pay in accordance
with Article III of this Agreement.
Article IV -Compensation
This Agreement reflects the salary and benefits for Employee that were established by
City Council in Ordinance # 1,~ g3Q„ adopted on_June 14, 201E This Agreement contemplates ,._--- Deleted: 3oa9
DCI2tEd: F
Del0t2d: September 2, 2008
that the salary and benefits set forth herein may be adjusted by City Council annually, by
ordinance.
City Council agrees to pay Employee for services rendered pursuant hereto an annual
gross salary of Two Hundred T~~ent~-Five.-Five. Thousand T~~°o Hundred ,Seven Dollars and ,i<~htv- - Deleted: Nineteen
,;
Deleted: Seven
Four Cents ($22~?t)7.8~,), payable in installments at the same time and in the same manner_as De~etea.Fifteen
Deleted: Seven
other City employees are paid. Such annual gross salary will be increased annually by ordinance \' Deleted: 219,715 07
in an amount no less than the average increase for all other City employees for the corresponding
i
fiscal year unless Employee has received an unsatisfactory performance evaluation.
In addition to the salary described above, the City agrees to contribute Twenty Thousand
Five Hundred Dollars ($20,500) per year as deferred compensation, for the benefit of Employee,
to the International City Management Retirement Corporation. This amount may be adjusted by
City Council annually, by ordinance.
Article V -Automobile Allowance
In lieu of supplying aCity-owned vehicle for use by Employee in conducting City
business, City agrees to pay Employee a car allowance as additional salary in the sum of One
Thousand Dollars (1000.00) per month and in addition, Employee shall be reimbursed for
business mileage at the same rate at which other City employees are reimbursed. Said sum for
car allowance may be increased from time to time by action of the City Council. In
consideration thereot; Employee shall provide his own vehicle and shall be solely responsible for
all fuel, maintenance, insurance, and other expenses related thereto. This allowance amount may
be adjusted by City Council annually, by ordinance.
Article VI - Frinee Benefits
(a) In addition to the Compensation set forth in Article IV and the Automobile
Allowance set forth in Article V, the City agrees to provide the same hospitalization and medical
insurance coverage available to all City employees and to pay, on behalf of Employee, the total
premium for family hospitalization and medical insurance, including vision and dental coverage
as provided all other City employees.
(b) Employee shall receive fringe benefits such as annual leave, sick leave, life
insurance, hospitalization, Virginia Retirement System, etc. in accordance with existing City
policies and ordinance as applicable to all other City employees. Nothing herein shall be
constructed to prevent changes in the nature of such benefits to Employee should such benefits
be subsequently altered for all other City employees.
(c) The City will pay up to Two Thousand Six Hundred Eighty Four ($2,684)
annually on behalf of the City Manager in premiums for long term care insurance. This amount
may be adjusted by City Council annually, by ordinance.
Article VII -Hours of Employment
It is recognized that the nature of Employee's position requires flexible hours. Therefore,
Employee in consideration of his compensation shall work whatever hours are necessary to
satisfactorily perform the functions and duties of City Manager.
Article VIII -Dues and Subscriptions
City agrees to pay professional dues and subscriptions of Employee necessary for its
membership and participation in national, regional, state, and local associations and
organizations of ajob-related nature and for travel and associated expenses of Employer to
secure his attendance at professional meetings and conferences, as budgeted and approved by the
City Council.
Article IX -General Business Related Expenses
Except as specifically provided in Articles V and VIII, the City agrees to reimburse
Employee for job-related expenditures in accordance with existing City policy.
Article X -Other Terms and Conditions of Employment
(a) The City agrees to evaluate the performance of Employee at least once each year.
All aspects of such evaluation shall be treated confidentially by the City and Employee subject to
the provisions of the Freedom of Information Act.
(b) The City Council may at any time prescribe any other terms and conditions of
employment related to Employee's performance as City Manager as it may deem necessary,
provided such terms and conditions are not inconsistent with the specific provisions of this
Agreement.
(c) City agrees to provide self-insurance coverage and legal counsel for Employee in
matters relating to his official duties within the scope of his employment, as is provided to all
other City employees.
(d) All provisions of state or city law or policy relating to terms and conditions of
municipal employment generally as they now exist or may hereafter be amended shall apply to
Employee; provided however, that should any such law or policy be so changed as to be
inconsistent with the terms hereof, this Agreement shall be deemed amended so as to comply
with such law or policy.
(e) The text herein shall constitute the entire Agreement between the parties and shall
only be amended by a writing executed by both parties.
(t) If any provision hereof shall be deemed unlawful, invalid, ultra vires, or
otherwise unenforceable, the remainder of the Agreement shall be deemed severable and shall
remain in full force and effect.
(g) This Agreement supersedes any other agreement between the parties.
IN WITNESS WHEREOF, the City of Virginia Beach has caused this Agreement to be
executed on its behalf by its mayor in accordance with an ordinance of the City Council
authorizing such execution, and Employee, James K. Spore, has executed this Agreement, both
the day and year first above written.
CITY OF VIRGINIA BEACH
BY
Mayor
BY _
James K. Spore
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Commending Kevin Orth and Atlantic American Partners for Their
Rehabilitation of Twin Canal Village Apartments
MEETING DATE: December 6, 2011
^ Background: Twin Canal Village Apartments on Lynnhaven Parkway near
South Independence Boulevard was constructed in 1979. In the years that followed, the
property deteriorated, and that deterioration adversely impacted the quality of life for
residents and neighbors.
Atlantic American Properties, LLC, headed by managing partner Kevin Orth,
acquired the property in January 2010 and then invested approximately $11 million to
rehabilitate the property. Their comprehensive renovation new roofs, windows, siding,
stairways, paving, lighting, fencing, HVAC, appliances, cabinets and flooring-
improvements valued at $37,000 per unit. Thirty of the apartments were reconfigured to
provide full accessibility for disabled persons with mobility impairments. Other
improvements include a new community center with computers for resident use, room
for a Head Start program, and a future HUD Neighborhood Network Center that will
provide access to computer technology, employment training and other important
services. The owner also made significant safety and security upgrades, including a
beautifully landscaped guardhouse at the entrance with access restrictions to the
property, new lighting throughout, and enhanced screening of potential tenants.
^ Considerations: The property achieved EarthCraft Multifamily
certification for its significant energy efficiency improvements and environmentally
sustainable practices. The owner worked closely with the Housing and Neighborhood
Preservation, Planning, and Police departments to implement these renovations in ways
that would most benefit residents and the neighborhood. The dramatic transformation
of this property will significantly improve the quality of life for its residents and will
provide them greater comfort and safety, as well as access to resources that can enable
them to achieve a better life for themselves and their children. This resolution
commends Kevin Orth and Atlantic American Partners for their rehabilitation of Twin
Canal Village Apartments and the positive contributions they have made for residents of
the apartments, the surrounding neighborhood, and our entire City.
^ Public Information: This item will be advertised in the same manner as other
agenda items.
^ Attachments: Resolution
Requested by Councilmember Davis
REQUESTED BY COUNCILMEMBER DAVIS
1 A RESOLUTION COMMENDING KEVIN ORTH AND
2 ATLANTIC AMERICAN PARTNERS FOR THEIR
3 REHABILITATION OF TWIN CANAL VILLAGE
4 APARTMENTS
5
6 WHEREAS, Twin Canal Village Apartments on Lynnhaven Parkway near South
7 Independence Boulevard was constructed in 1979;
8
9 WHEREAS, in the years that followed, the property deteriorated, and that
10 deterioration adversely impacted the quality of life for residents and neighbors;
11
12 WHEREAS, Atlantic American Properties, LLC, headed by managing partner
13 Kevin Orth, acquired the property in January 2010 and then invested approximately $11
14 million to rehabilitate the property;
15
16 WHEREAS, their comprehensive renovation of the property included physical
17 upgrades such as new roofs, windows, siding, stairways, paving, lighting, fencing,
18 HVAC, appliances, cabinets and flooring-improvements valued at $37,000 per unit;
19
20 WHEREAS, thirty of the apartments were reconfigured to provide full accessibility
21 for disabled persons with mobility impairments;
22
23 WHEREAS, additional improvements include a new community center with
24 computers for resident use, room fora Head Start program, and a future HUD
25 Neighborhood Network Center that will provide access to computer technology,
26 employment training and other important services;
27
28 WHEREAS, the owner also made significant safety and security upgrades,
29 including a beautifully landscaped guardhouse at the entrance with access restrictions
30 to the property, new lighting throughout, and enhanced screening of potential tenants;
31
32 WHEREAS, the property achieved EarthCraft Multifamily certification for its
33 significant energy efficiency improvements and environmentally sustainable practices;
34
35 WHEREAS, the owner worked closely with the City's Housing and Neighborhood
36 Preservation, Planning, and Police departments to implement these comprehensive
37 renovations in ways that would most benefit residents and the neighborhood;
38
39 WHEREAS, the dramatic transformation of this property will significantly improve
40 the quality of life for its residents and will provide them greater comfort and safety, as
41 well as access to resources that can enable them to achieve a better life for themselves
42 and their children.
43
44 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
45 VIRGINIA BEACH, VIRGINIA:
46
47 That the City Council hereby commends Kevin Orth and Atlantic American
48 Partners for their rehabilitation of Twin Canal Village Apartments and the positive
49 contributions they have made for residents of the apartments, the surrounding
50 neighborhood, and our entire City.
51
52 Adopted by the City Council of the City of Virginia Beach, Virginia, this
53 day of , 2011.
APPROVED AS TO LEGAL
SUFFICIENCY:
%'
City Attorney's Office
CA12043
R-1
November 9, 2011
`~~~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Modify the $5,000,000 Interest-free Loan to the Virginia Beach
Rescue Squad
MEETING DATE: December 6, 2011
Background: The ten volunteer rescue squads in the City of Virginia Beach
provide invaluable services to our community. The volunteer rescue squads receive no
direct tax funding for their operating costs to provide these services and do not charge
their patients for the medical treatment and/or transportation rendered. The primary
source of revenue for the volunteer rescue squads is through squad fund drives,
conducted annually.
In September 2007, the City Council approved a $5 million interest-free loan ("Loan") to
the Virginia Beach Rescue Squad, Inc. ("Rescue Squad") for the design and
construction of a new building. Council has modified the Loan two previous times. The
Loan was modified in December 2010 to provide for one of the annual payments to be
reduced from $500,000 to $250,000. In April 2011, the Loan was amended to clarify the
payment dates.
The Rescue Squad requests the reduction of the annual loan payment amounts from
$500,000 to $250,000 for the remaining years of the Loan. If this payment schedule is
approved, the Loan would be paid-in-full in fifteen years. The Rescue Squad believes
this schedule will allow it to continue to honor its debts and to provide pre-hospital
emergency services to the citizens of the City.
Considerations: The requested modification of the Loan between the City and
the Rescue Squad does not change the amount of the loan. Rather, the modification
extends the payment schedule. As set forth in Amendment Three, the Loan will be paid
in full January 28, 2026.
Public Information: Information will be provided by the regular Council agenda
notification process.
Recommendations: Approval
Attachments: Ordinance; Amendment Three to the Promissory Note
Recommended Action: Approval ~11~
Submitting Department/Agency: Finance and EM V
City Manager ~,
1 AN ORDINANCE TO MODIFY THE $5,000,000
2 INTEREST-FREE LOAN TO THE VIRGINIA BEACH
3 RESCUE SQUAD
4
5 WHEREAS, the City of Virginia Beach approved a loan of $5,000,000 to the Virginia
6 Beach Rescue Squad, Inc. ("Rescue Squad") on September 4, 2007 for the design and
7 construction of a new building; and
8
9 WHEREAS, the Rescue Squad gave the City a promissory note ("Note"), dated
10 September 5, 2007, in the amount of $5,000,000; and
11
12 WHEREAS, the Rescue Squad and the City amended the Note in December 2010
13 to provide a change in the repayment schedule;
14
15 WHEREAS, the Rescue Squad and the City further amended the Note in April 2011
16 to clarify the payment schedule further in regard to the payment dates; and
17
18 WHEREAS, the Rescue Squad and the City desire to amend the Note to provide for
19 a reduced yearly payment spread over additional years.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 That, subsequent to execution of same by the Rescue Squad, the City Manager or
25 his designee is authorized and directed to execute an amendment to the Note to change the
26 payment schedule as set forth in the attached Exhibit, titled "Amendment Three to the
27 Promissory Note."
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2011.
APPROVED AS TO CONTENT
mergency Medical Services
APPROVED AS TO CONTENT
Finance Department
APPROVED AS TO CONTENT
7
c.~ i ~ 'N~~~'l
Management Services
APPROVED AS TO LEGAL SUFFICIENCY
City Attorney's Office
CA12085 / R-1 /November 22, 2011
AMENDMENT THREE
TO PROMISSORY NOTE BETWEEN
THE CITY OF VIRGINIA BEACH
AND
THE VIRGINIA BEACH RESCUE SQUAD, INC.
Whereas, the City of Virginia Beach received a promissory note ("Note") from the
Virginia Beach Rescue Squad, Inc., dated, September 5, 2007, in the amount of $5,000,000; and
Whereas, the City of Virginia Beach and the Virginia Beach Rescue Squad, Inc. desire to
modify the Note as provided herein;
NOW, THEREFORE, the Note is hereby modified as follows:
1. Payment on principal shall amended to provide:
On or before January 28, 2009 - $500,000
On or before January 28, 2010 - $500,000
On or before January 28, 2011 - $250,000
On or before January 28, 2012 - $~A9;999 250,000
On or before January 28, 2013 - $~9~898 250,000
On or before January 28, 2014 - $~A9;898 250,000
On or before January 28, 2015 - $~A9;99~250,000
On or before January 28, 2016 - $000 250,000
On or before January 28, 2017 - $89;899 250,000
On or before January 28, 2018 - $~,~98 250,000
On or before January 28, 2019 - $250,000
On or before January 28, 2020 - $250,000
On or before January 28, 2021 - $250,000
On or before January 28, 2022 - $250,000
On or before January 28, 2023 - $250,000
On or before January 28, 2024 - $250,000
On or before January 28, 2025 - $250,000
On or before January 28, 2026 - $250,000
2. The "Maturity Date" shall be January 28, ~9 2026.
3. All other terms and conditions of the Note shall remain as provided in the Note.
WITNESS the following signatures.
VIRGINIA BEACH RESCUE SQUAD, INC.
Title: Date:
CITY OF VIRGINIA BEACH, VIRGINIA
City Manager or designee Date:
APPROVED AS TO CONTENT:
Title: Date:
APPROVED AS TO LEGAL SUFFICIENCY:
Title: Date:
~`~,~xu B;gcy
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Grant Funds from the U.S. Department
of Justice and to Transfer Grant Funds and the Local Match to the School
Grants Fund
MEETING DATE: December 6, 2011
^ Background: At the request of the Virginia Beach City Public Schools (VBCPS),
the Virginia Beach Police Department recently applied for and was awarded a grant
under the 2011 COPS Secure Our Schools (SOS) grant program from the US
Department of Justice. The amount of new federal funding is $427,610, but the grant
requires a local match of the same amount. The VBCPS plan to use these grant funds
to purchase new security cameras for enhanced student surveillance, replace existing
cameras that are at the end of their life cycle and install an access control system
allowing schools to keep their exterior doors locked.
At their November 15th meeting, the School Board adopted a resolution requesting that
City Council adopt an ordinance transferring the local match of $427,610 from the
School Operating Fund, Operations and Maintenance Classification, to the School
Grants Fund.
^ Considerations: The VBCPS intends to utilize this grant funding to improve
student and school safety. With the required local match, the total amount to be
directed to the SOS grant program is $855,220. The VBCPS has agreed to be
responsible for all aspects of the administration of this grant program.
^ Public Information: Public information will be provided by the normal Council
agenda process.
^ Attachments: Ordinance, School Board Resolution
Recommended Action: Approval
Submitting Department/Agency: Virginia Beach City Public Schools
City Manager: ~Q.~k
r
1
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
GRANT FUNDS FROM THE U.S. DEPARTMENT OF
JUSTICE AND TO TRANSFER GRANT FUNDS AND
THE LOCAL MATCH TO THE SCHOOL GRANTS
FUND
WHEREAS, The Virginia Beach Police Department applied fora 2011 COPS
grant on behalf of the Virginia Beach City Schools for the purchase of security
equipment and systems;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT:
1. $427,610 is hereby accepted from the U.S. Department of Justice and
appropriated, with federal revenue increased accordingly, to the Operating
Budget of the Police Department; and
2. $427,610 is hereby transferred from the Operating Budget of the Police
Department to the School Grants Fund (Fund 116); and
3. $427,610 is hereby transferred from the Operations and Maintenance
Classification of the School Operating Fund to the School Grants Fund for the
local 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 members of City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY:
~ '~ - --'
Management Services City Attorney's Office
CA12088
R-1
November 21, 2011
.z ~,H ~~±± p
A H E A D O F T H E C U R v t
SCHOOL BOARD
Daniel D. Edwards RESOLUTION REGARDING FY 2411-12 BUDGET AND .
Chairman
OisVid 1-Centerville
REQUEST FOR A CATEGORICAL1FUtVD TRANSFER
9 585 Lake ,lames Drive
VA Beach, VA 23464
495-3551 {h) • 797.0259 {c}
WHEREAS, the City of Virginia Beach's adapted Budget Ordinance for the current fiscal year appropriated
wiBiamJ.°BiEP'Brenke,lV funds t0 the School Board of the City of Virginia Beach by major Category; and
Vlce•Chalrman
District 7 -Princess Anne
4099FoxwoodDrive,Suite108
WHEREAS, the Gode of Virginia §22.1-115, as amended, requires that grant related expenditures be made
Virginia Beach, VA 23462
222-o93d(w~•2es•vn(~>
in a separate Fund ar Category; and
7oddC.Davidson WHEREAS the Vir inia Beach Police De artment was awarded a COPS Secure Our Schools Grarit in the
g p
At-Large
1861 Mayberry Drive
amount of $427,610 from the U.S. Department of Justice; an
VABeabh,l,'A 23456
427-3330(w}•285.9409 (c) WHEREAS, the School Board has committed matching funds in the amount of $427,610 in its Operating
Emma L."Em"Davis
District 5 - tynnhaven Bud efi grid
g ,
1925 AAichaekx~d Drive
VA 23452
VA Beach
610 is required to be moved from the Federal Grants Contingency #o the newly create
$427
WHEREAS
,
3d0-8911 (h) ,
,
COPS Secure Our Schools Grant in the School Board's Grants Fund which action will require School Boar
t)orothytA."Dottie°Nottz
At-Large approval; and
9304 Downs lane
vABeacn,vA 23455
Vyh{ER>=AS, the School Board requests a Categorical(Fund transfer in the amount of $427,610 from the
460.2440 (n)
Operating Fund 1'15 to the Grants Fund 116 for the Schval Board's match; and
Brent N, Mckenzie
Dlslrict3-Rose Hap
d Ph
se
k
0 B the CategoricaUFund transfers must be approved by the School Board and the Cify Council prior
WHEREAS
a
roo
woo
140
vABeach,vA 23453 ,
enditure of such funds by the School Board; and
to ex
816.2736 {c) ,
Ashley It. Mclood p
WHEREAS, the School Board wit! be responsible for al! aspects of administering the grant including the
At-Large
55CSDeIParkAvenue
matching funds; and
VA Beach, VA 23455
552-0348 (h} NOWT THEREFORE BE IT
Sarnud G, "Sarn° Reid
~isUict6--Beach
RESOLVED: That the School Board approves and affirms the transfer and above listed recommended uses o
1533 VA Beach Bh~d.
vABea~h,vA z345a
these funds; and be it
284.9067 (c)
uests that the City Council approve the CategoricallFun
tl re
l B
h
S
h
Patrick S. Salyer
At-Large q
oar
e
c
oo
FURTHER RESOLVED: That t
transfer shown above; and be it
4849 Haymarket Drtve
VA Beach, VA 23462
FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School
620-2149 (c}
and the Clerk of the School Board is directed to definer a copy of this Resolution to the Mayor, each
Board
Vacant
District2-Kempsville ,
Member of the City Council, the City Manager, and fhe City Clerk,
Carolyn D. kyeems
District 4 - Bayside
1420 Claudia Drive
VA Beach, VA 23455
464-6674{h}
SUPERINTENDENT
3ames G- MerrilE. Ed.4.
2512 George Mason Drive
VA Beach, VA 2345fi
263-tOD7
Adopted by the School Board of the City of Virginia Beach this 15~ day of November 2011
Attest:
Dianne P, Alexander, Clerk of the Board
School Administration Building • 2512 George i~4ason Drive • P.O. Box 6038 • Virginia Beach, VA 2345&-0038
Daniel D. Edwards, School Board Chairman
ww:vbschools.com
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer Funding from CIP #3-140, "Energy Performance
Contracts (City)" to CIP #3-244, "Fire and Rescue Station -Chesapeake
Beach" to Fund the Energy-Saving Features Proposed for the Project
MEETING DATE: December 6, 2011
^ Background: On September 22, 2011, six design-build proposals were received
for the Chesapeake Beach Fire & Rescue Station ("Fire and Rescue Station"). As
provided in the solicitation, the offerors were required, as a matter of responsiveness, to
have a base proposal not-to-exceed $3.2 million. The base proposal would provide the
minimum requirements for the design and construction of the Fire and Rescue Station.
Offerors were given the opportunity to provide alternatives that are more expensive than
the base proposal. Five of the six proposals exceeded the $3.2 million base budget for
the contract award. Accordingly, only one proposal was responsive to the solicitation
(the "Responsive Proposal").
The Responsive Proposal included sixteen alternatives to the base requirements of the
solicitation. The total of all sixteen alternatives is $529,112. The most costly of the
alternatives is a geothermal HVAC unit. City staff reviewed the alternatives to
determine whether any of the items provide a significant reduction in energy
consumption, lower maintenance costs, or an extended useful life when compared to
the corresponding base requirement. After review, the City staff recommends including
eleven of the alternatives. The cost of these eleven items is valued at $375,383.
The base proposal and the alternatives include items that enhance the energy efficiency
of the Fire and Rescue Center. The energy saving features include the geothermal
heating and cooling system, LED lights, digital controls, energy recovery ventilators,
automatic lighting controls, and building overhangs for passive shading. The total of the
energy saving features is $375,257. Once the design (5.6%) and contingency (5%) is
added to this total, the "fully-loaded" price of the energy efficiency enhancements is
$416,085.
^ Considerations: CIP #3-140, "Energy Performance Contracts (City)" was
authorized to fund various upgrades and improvements to City facilities for energy
consumption savings. Funding is available in CIP #3-140 to cover the cost of energy-
savings features for the Fire and Rescue Station. Once this $416,085 is added to the
project, there is sufficient funding to add the eleven of the sixteen alternatives, including
the geothermal HVAC unit, to the project. Therefore, the attached ordinance would
provide a transfer from CIP #3-140 to CIP #3-244 in the amount of the "fully-loaded"
price of the energy efficiency enhancements.
^ Public Information: Public information will be coordinated through the normal
Council Agenda process. Public meetings have previously been held as part of the
design process and a briefing was given to City Council on November 22, 2011 about
this project.
^ Alternatives: Without the additional funding, the Fire and Rescue Station would
be constructed within the current funding available in the project. However, the existing
funding is not sufficient to include the alternative features that City staff believes would
enhance the overall quality of the project. Many of these features are desirable
because they reduce maintenance or ongoing costs.
Other options for funding sources include the General Fund Reserve for Contingencies
and/or the use of fund balance of the General Fund to bridge the gap. The Reserve for
Contingencies has $1,078,374 remaining to address any issues that arise throughout
the balance of the fiscal year. The General Fund has sufficient fund balance to provide
the additional funding as well, but that will reduce the availability of funds to address
future budget shortfalls. Staff identified the Energy Performance Contracts project as
an appropriate source of funding because the project contains energy saving features
that will "provide energy consumption savings," which is the stated goal of CIP #3-140.
^ Recommendations: Adopt the ordinance to transfer $416,085 from CIP #3-140,
"Energy Performance Contracts (City)" to CIP #3-244, "Fire and Rescue Station -
Chesapeake Beach" to fund the energy-savings related features included in the fire-
rescue station project.
^ Attachments: Ordinance
Recommended Action: Approval
Submitting DepartmentlAgency: Public Works/Engineering Q~.~
City Manager: S
1 AN ORDINANCE TO TRANSFER FUNDING FROM CIP #3-
2 140, "ENERGY PERFORMANCE CONTRACTS (CITY)" TO
3 CIP #3-244 "FIRE AND RESCUE STATION -
4 CHESAPEAKE BEACH" TO FUND THE ENERGY-SAVING
5 FEATURES PROPOSED FOR THE PROJECT
6
7 WHEREAS, the Fire and Rescue Station -Chesapeake Beach design-build
8 proposal includes energy saving features including a geothermal heating and cooling
9 system, LED lights, digital controls, energy recovery ventilators, automatic lighting controls,
10 and building overhangs for passive shading, which when design and contingencies are
11 included total $416,085; and
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA, THAT:
15
16 $416,085 is hereby transferred from CIP #3-140, "Energy Performance Contracts
17 (City)" to CIP #3-244, "Fire and Rescue Station -Chesapeake Beach" to fund the
18 energy-saving features proposed for the project.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
2011.
APPROVED AS TO CONTENT
_ ~~~ ~- . l
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
~~~~e.
c ~
City Attorney's Office
CA12090
R-2
November 23, 2011
J. PLANNING
1. Application of VILLAGE CHURCH for a Modification of a Conditional Use Permit (approved
September 27, 2005) to delete Condition No. 1 re the portable trailer at 4013 Indian River Road
(DISTRICT 1 - CENTERVILLE)
2. Application of RANDY TILLMAN for a Conditional Use Permit re at 1646 -1650 Princess Anne
Road (DISTRICT 7 -PRINCESS ANNE)
3. Applications of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO):
a. §201(e) re fences in side yard setbacks
b. §501 re outdoor recreation and amusement facilities in residential districts
c. §503 re height regulations for public schools in residential districts
4. Application of CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan re the
Virginia Aquarium and Owls Creek Area Master Plan
O~ `NU ~~
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: VILLAGE CHURCH, Modification of Conditional Use Permit, 4013 Indian
River Road (GPIN 1474623633). CENTERVILLE DISTRICT.
MEETING DATE: December 6, 2011
^ Background:
The applicant is requesting a modification of a Conditional Use Permit for a church
approved on September 23, 2003 then modified on September 27, 2005 due to the
accumulation of additional property.
The applicant proposes to relocate a portable trailer to their site. The portable trailer is
24 feet in width by 37 feet in length for a total of 888 square feet. The trailer will be
located 55 feet back from Indian River Road partially concealed from view and 10 feet
from the north property line. The portable trailer location is 15 feet into the 25 feet
building setback line as shown on the approved site plan.
The trailer would be used to support the Day Watch Program which provides academic
support for African American male students suspended from school that may be at risk
for poor performance in the Virginia Beach Public School system. The trailer will be
occupied by no more than 10 -15 individuals at one time, including teachers. The trailer
will be used for the Day Watch program from Monday through Friday from 8:00 a.m. to
3:30 p.m. during the school term. The church intends to use the trailer on Sundays for
religious education classes. The church is requesting the trailer to be on site for five
years while they begin an endeavor to establish permanent classrooms in their existing
building.
The applicant is requesting to modify Condition 1 of the Use Permit and to add a
condition relating to the time limit for the portable trailer.
The applicant depicts on a revised site plan the location for a portable trailer and
landscaping. Condition 1 describes the site plan which depicts a 25' building setback line
and is to be modified to allow for the portable trailer and landscape screening buffer
location.
^ Considerations:
The proposed modification of conditions to allow this use is consistent with the land use
policies of the Comprehensive Plan's Suburban Area. However, over time, a permanent
structure should be pursued for the church's space needs, in order to further the goal of
preserving neighborhood quality with all new development or redevelopment either
maintaining or enhancing the overall new development of the area.
The proposed portable classroom trailer will be close to the residential neighborhood
and should be screened from view. This structure is sited appropriately behind the
Village Church
Page 2 of 2
existing building. Limiting the portable trailer location to the rear of the existing building is
recommended as a condition of approval. It is also recommended that either a
foundation skirt or landscaping be installed around the base of the mobile structure to
provide some aesthetic enhancement.
There was no opposition to the request.
^ Recommendations:
Staff recommended approval of this requested modification with conditions.
The Planning Commission placed this item on the Consent Agenda, passing a motion by
a recorded vote of 11-0, to recommend approval of this request to the City Council with
the following conditions:
1. All conditions with the exception of Number 1 attached to the Conditional Use Permit
granted by the City Council on September 23, 2003 then modified on September 27,
2005 remain in affect.
2. Condition Number 1 of the September 27, 2005 Conditional Use Permit is deleted
and replaced with the following:
The Site shall be developed and constructed in substantial conformance with the Site
Plan entitled "Church Facility for The Village Church, sheet 3 of 13", prepared by
Hunt Club Consulting, dated February 13, 2004, revised by hand to depict the
location of the portable trailer and landscaping buffer, with the exception of the
additions of Conditions 2 through 6 modifications listed in the September 23, 2003
Conditional Use Permit approval.
3. The portable trailer shall be as represented in the photograph entitled "Front
Elevation", undated. A foundation skirt or landscaping shall be provided around the
perimeter of the portable trailer. The portable trailer shall be limited to five (5) year
time frame. After such time, the portable trailer must be removed from the property.
^ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommended approval. Planning Commission recommended
approval.
Submitting Department/Agency: Planning Department
City Manager: ~ ~
-33-
Item V-L.1.
PLANNING ITEM # 54424
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council MODIFIED
CONDITIONS upon application of VILLAGE CHURCH, re Conditional Use Permit (approved by City
Council on September 23, 2003) to incorporate additional acreage at 4013 Indian River Road.
ORDINANCE UPON APPLICATION OF VILLAGE CHURCH FOR THE
MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT
APPROVED BY CITY COUNCIL ON SEPTEMBER 23, 2003.
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Village Church for the Modification of
Conditions for a Conditional Use Permit approved by City Council on
September 23, 2003. Property is located at 4013 Indian River Road (GPINs
14746236330000; 14746233120000). DISTRICT 1- CENTERVILLE
The following conditions shall be required:
1. All conditions, with the exception of Number 1 attached to the
Conditional Use Permit granted by the City Council on September 23,
2003, shall remain in affect.
Condition Number 1 of the September 23, 2003, Conditional Use
Permit is deleted and replaced with the following:
The Site shall be developed and constructed in substantial
conformance with the Site Plan entitled, "Church Facility for The
Village Church, sheet 3 of 13, "prepared by Hunt Club Consulting,
dated February 13, 2004, with the exception of the addition of
Conditions 2 through 6 listed in the September 23, 2003, Conditional
Use Permit approval.
2. The exterior of the building shall be constructed substantially as
depicted on the Site Layout Plan entitled, "Church Facility for The
Village Church, "prepared by Verebely & Associates, Architects, dated
April 18, 2003.
This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of September, Two
Thousand Five
September 27, 2005
-34-
Item V-L.1.
PLANNING ITEM # 54424 (Continued)
Voting: 11-0 (By Consent)
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8
November 9, 2011 Public Hearing
APPLICANT/ PROPERTY OWNER:
VILLAGE CHURCH
STAFF PLANNER: Karen Prochilo
REQUEST:
Modification of a Conditional Use Permit for a religious use -approved by the City Council on September 23,
2003 and modified September 27, 2005.
ADDRESS /DESCRIPTION: 4013 Indian River Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14746236330000 CENTERVILLE 355,061 square feet Less than 65 dB DNL
SUMMARY OF REQUEST
The applicant is requesting a modification of a Conditional Use Permit for a church approved on
September 23, 2003 then modified on September 27, 2005 due to the accumulation of additional
property.
The applicant proposes to relocate a portable trailer to their site. The portable trailer is 24 feet in width by
37 feet in length for a total of 833 square feet. The trailer will be located 55 feet back from Indian River
Road partially concealed from view and 10 feet from the north property line. The portable trailer location is
15 feet into the 25 feet building setback line as shown on the approved site plan.
The trailer would be used to support the Day Watch Program which provides academic support for African
American male students suspended from school that may be at risk for poor performance in the Virginia
Beach Public School system. This program services Salem Middle School, Kempsville Middle School,
Brandon Middle School and Larkspur Middle School. The trailer will be occupied by no more than 10 -15
individuals atone time, including teachers. The trailer will be used for the Day Watch program from
Monday through Friday from 8:00 a.m. to 3:30 p.m. during the school term. The church intends to use the
trailer on Sundays for religious education classes. The church is requesting the trailer to be on site for five
years while they begin an endeavor to establish permanent classrooms in their existing building.
VILLAGE CHURCH
Agenda Item 8
Page 1
The applicant is requesting to modify Condition 1 of the Use Permit and to add a condition relating to the
time limit for the portable trailer.
Condition 1
The Site shall be developed and constructed in substantial conformance with the site plan entitled
"Church Facility for The Village Church, sheet 3 of 13", prepared by Hunt Club Consulting, dated
February 13, 2004, with the exception of the additions of Conditions 2 through 6 modifications listed in the
September 23, 2003 Conditional Use Permit approval.
The applicant depicts on the revised site plan a location for the portable trailer and landscaping. Condition
1 describes the site plan which depicts a 25' building setback line and is to be modified to allow for the
portable trailer and landscape screening buffer location.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Church and associated parking
SURROUNDING LAND North: Indian River Road
USE AND ZONING: • Single-family dwellings / R-15 Residential District
South: . Wetland ,marsh / / R-15 Residential District
East: . Vacant, partially wooded / R-15 Residential District
West: Single-family dwellings / R-15 Residential District
NATURAL RESOURCE AND The property is within the Southern Watershed Management Area. The
CULTURAL FEATURES: rear of the site is encumbered by floodplain, wetlands and the
Southeastern Parkway and Greenbelt alignment.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and
contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable
neighborhoods in the Suburban Area. Three key planning principles have been established in the
Comprehensive Plan to guard against possible threats to this stability: 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. (p. 3-1)
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTPI /CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River
Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The. Master
VILLAGE CHURCH
Agenda Item 8
Page 2
Transportation Plan proposes afour-lane facility within a 150 foot right-of-way. Currently, this segment of
roadway is functioning under capacity at a LOS C or better.
A roadway Capital Improvement Program project is slated for this area. Indian River Road West -Transition
Area Network (GIP 2-506) is for the construction of a four-lane divided roadway from Elbow Road to North
Landing Road. It includes landscaping, aesthetic enhancements, multi-use paths, and bike lanes. This project
is on the Requested But Not Funded Project Listing and will be funded as development creates the need for
additional roadways.
TRAFFIC: Street Name present
Volume present Capacity Generated Traffic
Indian River Road 4,946 ADT 13,600 ADT (Level of Existing Land Use -
Service "C") 123 ADT church weekday
15,000 ADT' (Level of 493 ADT church Sunday
Service "D") /Capacity Proposed Land Use 3-
16,200 ADT' (Level of 190 ADT church & Day Watch
Service "E") 493 ADT church & Sunday
classroom
Average Daily Trips
s as defined by 13,457 SF church
s as defined b church and da watch ro ram / Sunda school
Since two different uses were specified for the trailer, trip generation numbers were given for both the
weekday and Sunday.
The addition of a trailer for the Day Watch Program is not expected to have significant impacts to Indian
River Road since the use generates a small number of trips and since Indian River Road is well below
capacity.
The trip generation on Sundays does not change from existing conditions to proposed conditions since the
new Sunday School classroom is assumed to comprise of existing church members.
WATER: There is an existing 10" city water main along Indian River Road. The existing 1"water meter can be
used or upgraded to accommodate this proposal.
SEWER: There is existing 10" city sanitary sewer gravity main along Indian River Road. Pump Station #574,
the receiving pump station for this site, has capacity issues and may require modification. An engineering
hydraulic analysis of Pump station #574 and the sanitary sewer collection system is required to ensure future
flows can be accommodated.
FIRE: The applicant is required to obtain a Certificate of Occupancy from the Permits and Inspections Division
of the Planning Department upon approval of this request.
EVALUATION AND RECOMMENDATION
The proposed modification of conditions to allow this use is consistent with the land use policies of the
Comprehensive Plan's Suburban Area. However, over time, a permanent structure should be pursued for
the church's space needs, in order to further the goal of preserving neighborhood quality with all new
development or redevelopment either maintaining or enhancing the overall new development of the area.
VILLAGE CHURCH.
Agenda Item 8
Page 3
The proposed portable classroom trailer will be close to the residential neighborhood and should be
screened from view. This structure is sited appropriately behind the existing building. Limiting the portable
trailer location to the rear of the existing building is recommended as a condition of approval. It is also
recommended that either a foundation skirt or landscaping be installed around the base of the mobile
structure to provide some aesthetic enhancement.
Staff recommends approval of this requested modification, as conditioned below.
CONDITIONS
1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the
City Council on September 23, 2003 then modified on September 27, 2005 remain in affect.
Condition Number 1 of the September 27, 2005 Conditional Use Permit is deleted and replaced with
the following:
The Site shall be developed and constructed in substantial conformance with the Site Plan entitled
"Church Facility for The Village Church, sheet 3 of 13", prepared by Hunt Club Consulting, dated
February 13, 2004, revised by hand to depict the location of the portable trailer and landscaping
buffer, with the exception of the additions of Conditions 2 through 6 modifications listed in the
September 23, 2003 Conditional Use Permit approval.
3. The portable trailer shall be as represented in the photograph entitled "Front Elevation", undated. A
foundation skirt or landscaping shall be provided around the perimeter of the portable trailer. The
portable trailer shall be limited to five (5) year time frame. After such time, the portable trailer must be
removed from the property.
NOTE: Further conditions maybe 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
(OPTED) concepts and strategies as they pertain to this site.
VILLAGE CHURCH
Agenda Item 8
Page 4
AERIAL OF SITE LOCATION
VILLAGE CHURCH ~
Agenda Item 8 }
Page 5
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Agenda Item 8
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Agenda Item 8 ;>
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VILLAGE CHURCH +~
Agenda Item 8
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CENTERVILLE
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Zoning with Condirions:Protlers. Open Modification of Conditions
Space Promotion or PDH•2 Overlays
ZONING HISTORY
# DATE REQUEST ACTION
1 09/27/2005 Modification of Conditional Use Permit (Religious
Facilit Granted
09/23/2003 Conditional Use Permit Reli ious Facili Granted
2 12/08/1998 Conditional Rezonin R-15 to R-10 Granted
12/08/1998 Conditional Use Permit church & da care Granted
08/14/1990 Conditional Use Permit o en s ace Granted
06/11/1990 Conditional Use Permit o en s ace Denied
12/12/1988 Conditional Use Permit o en s ace Granted
02/23/1987 Conditional Use Permit borrow it Withdrawn
VILLAGE CHURCH ~~
Agenda Item 8 ~ ,~
Page 9 *.
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DISCLOSURE STATEMENT
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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 tilt if necessary)
1/i/f`ufC f+NNrcrt.
Wayne Mdrews, Ralph Wormley, Valerie Matthews, Joyce Leach, Frenlcie Copeland,
Samuel Simmons, Ronda Jorclan,and laurice Yam ~,q~ 7rus~ O
2. List all businesses that have aparent-subsidiary' or affiliated business entity'
relationship with the applicant: (Attach list if necessary)
a 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 difl`erent from applicant.
If the property owner is a corporation, partnership, fine, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List aH businesses that have aparent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list hnecessary)
Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
8 See next paw for footnotes
Does an official ore oyee of the City of Virginia Beach have an interest in the
subject land? Yes ~ No ~/
If yes, what is the name of the offical or employee and the nature of their interest?
Moaec.uon or COntlelone app+ication
Page 10 d 71
Fa~16W 7/,!107
DISCLOSURE STATEMENT
VILLAGE CHURCH
Agenda Item 8
Page 10
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, inducting but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Virginia Power
' 'Parent-subsidiary relationstp' means 'a relationship that exists when one
corporation direly or indirectly owns shares possessing more then 50 percent of the voting
power of another corporation ' See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
'Affiliated business entity relationship' rrx~ns "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a conVOlling ownersMp
interest in the other business entity, {ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (Ni) there is shared management or control between the business
entities. Factors that stwuld be considered In detemdning the existence of an affiliated
business entity relationship irxdude 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 ~tivifies,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities' Sae State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: 1 cortity that the information contained herein is true and accurate.
1 understand that. upon receipt of notification tpostcard) Crat the application has bean scheduled for
public trearfng, 1 am respwrslble for obtaiNng and posting the required sign on the subjeq ProP~Y ~
least 30 days pdw fo the scheduled public hearing accor~ng to the irudructions in tt»s padrage. The
undersigned also corxerrts to entry upon the subject property by emPbY~ of the Department or
Planning to photograph and view the alts for purposes d processing arrd evaluating tltis application.
Applicants Signature ' tint me
Property Owners Signabxe (H diftereM then applic~q Print Name
I++oenfnnon d conailaxi ~pp~ti«i
Pape 71 or 7 7
Revised 713!2007
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DISCLOSURE STATEMENT
VILLAGE CHUf~CH
Agenda Item 8
Page 11
Item #8
Village Church
Modification of a Conditional Use Permit
4013 Indian River Road
District 1
Centerville
November 9, 201 i
CONSENT
An application of Village Church for a Modification of a Conditional Use Permit for a religious use
approved by City Council on September 23, 2003 and modified September 27, 2005 on property located
at 4013 Indian River Road, District 1, Centerville. GPIN: 1474-62-3633-0000.
CONDITIONS
1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City
Council on September 23, 2003 then modified on September 27, 2005 remain in affect.
2. Condition Number 1 of the September 27, 2005 Conditional Use Permit is deleted and replaced with the
following:
The Site shall be developed and constructed in substantial conformance with the Site Plan entitled ``Church
Facility for The Village Church, sheet 3 of 13", prepared by Hunt Club Consulting, dated February 13,
2004, revised by hand to depict the location of the portable trailer and landscaping buffer, with the
exception of the additions of Conditions 2 through 6 modifications listed in the September 23, 2003
Conditional Use Permit approval.
3. The portable trailer shall be as represented in the photograph entitled "Front Elevation", undated. A
foundation skirt or landscaping shall be provided around the perimeter of the portable trailer. The
portable trailer shall be limited to five (5) year time frame. After such time, the portable trailer must be
removed from the property.
Item ;#8
Village Church
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 Pnspections 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
(Cl'TED) concepts and .strategies as they pertain to this site.
AYE 11
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMUDN AYE
RIPLEY AYE
RUSSO AYE
STRANGF, A~'E
THORNTON AYE
NAY 0 ABS 0 ABSENT 0
By a vote of 11-0, the Cemmission approved item 8 by consent.
The applicant Ralph Wormley appeared before the Commission.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: RANDY TILLMAN, Conditional Use Permit, 1646 &1650 Princess Anne Road
(GPINs 2402979733, 2412077207). PRINCESS ANNE DISTRICT.
MEETING DATE: December 6, 2011
^ Background:
It is the intent of the applicants to create four new residential lots, to be
distributed among family members, under a conditional use permit for alternative
residential development.
This application consists of two parcels; an existing 1.033 acre parcel and an
existing 29.87 acre parcel for a total of 30.90 acres. The 1.033 acre parcel
contains an existing single family home. The 29.87 acre parcel contains an
existing single family home and several outbuildings. These parcels were
created prior to June 28, 1994, when the current ordinance concerning
residential density in the Agricultural Districts was adopted.
The portion of the parcels being utilized for this request contains 26.45 acres of
class I soils and 3.21 acres of class II soils. Based on one dwelling unit per
every five acres of class I soils, as permitted under alternative residential
development, a total of five new residential lots could be requested.
Health Department approval has been obtained for the proposed lots.
^ Considerations:
The proposed Conditional Use Permit for alternative residential development is
acceptable. The four new lots are below the five lots permitted by the class of the
soils. The Comprehensive Plan's Rural Development Guidelines for residential
development call for residential lots to be subdivided on soils that possess the
best drainage and water table characteristics. In this case the subject parcels
contain class I (State loam) soils.
The proposed dwellings have been setback a minimum of 450-feet from Princess
Anne Road and have been staggered. This layout will provide a sufficient green
area and/or area of cultivation along this roadway to retain the rural character of
the area which is in keeping with the Comprehensive Plan's Rural Development
Guidelines for residential development.
Randy Tillman
Page2of2
The lots have also been arranged so existing curb cuts can be utilized and
shared between lots with only one addition shared curb cut proposed.
There was no opposition to the request.
^ Recommendations:
Staff recommended approval of this request subject to the conditions. The
Planning Commission placed this item on the Consent Agenda, passing a motion
by a recorded vote of 11-0, to recommend approval of this request to the City
Council with the following conditions:
The site shall be developed substantially in accordance with the submitted
subdivision plan entitled "Subdivision of Property of Laura Frances Tillman,
Trustee Under the Laura Frances Tillman Declaration of Trust and 1.033 Acre
Parcel, Subdivision of Property for Laura Frances Tillman," dated June 8,
2010, prepared by Gallup Surveyors & Engineers, Ltd. Said plan has been
exhibited to the Virginia Beach Planning Commission and City Council and is
on file in the Planning Department.
2. The property owner shall maintain the on-site gravel driveway sufficient to
support emergency vehicles at all times.
3. Private access easements shall be place over the shared access points.
^ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommended approval. Planning Commission
recommended approval.
Submitting Department/Agency: Planning Department ~; '~
City Manager: ~, ~'L'~
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9
November 9, 2011 Public Hearing
APPLICANT:
RANDY TI LLMAN
PROPERTY OWNERS:
RANDY TI LLMAN
AND
REQUEST:
Conditional Use Permit (alternative residential development).
LAURA FRANCES
TILLMAN,TRUSTEE
STAFF PLANNER: Ray Odom
ADDRESS /DESCRIPTION: 1646 and 1650 Princess Anne Road.
GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ:
2412-07-7207 Princess Anne 30.90 Acres Less than 65 dB DNL
2402-97-9733
SUMMARY OF REQUEST
It is the intent of the applicants to create four new residential lots, to be distributed among family
members, under a conditional use permit for alternative residential development.
This application consists of two parcels; an existing 1.033 acre parcel and an existing 29.87 acre parcel
for a total of 30.90 acres. The 1.033 acre parcel contains an existing single family home. The 29.87 acre
parcel contains an existing single family home and several outbuildings. These parcels were created
prior to June 28, 1994, when the current ordinance concerning residential density in the Agricultural
Districts was adopted.
The portion of the parcels being utilized for this request contains 26.45 acres of class I soils and 3.21
acres of class II soils. Based on one dwelling unit per every five acres of class I soils, as permitted under
alternative residential development, a total of five new residential lots could be requested.
The existing house and outbuildings on the 29.87 parcel will be located within proposed Lot 2C. Lot 2C
will total 1.01 acres and access will be provided via the existing circular driveway. The existing 1.033
acre parcel is being resubdivided and will become Lot 2A. This parcel has an existing driveway. The
driveway and a portion of the lot will be incorporated into proposed Lot 2B. Lot 2B will be a flag lot, as
permitted under alternative residential development, and will total 1.10 acres. A portion of the 29.87 acre
RANDY TILLMAN
Agenda Item 9
Page 1
•z°n+°y Wah co.axa..r,°n..` CUA-Alternative Resldentfa/ DevNopment
parcel will be incorporated into the existing 1.033 acre parcel to compensate for the area being provided
to proposed Lot 2B. Lots 2A and 26 will share the existing driveway. The remaining portion of the
existing 29.87 parcel will become Lots 2D and 2E. Lot 2D will total 13.14 acres and Lot 2E will total 14.27
acres. Lots 2D and 2E will be accessed by a new shared driveway. The applicant has indicated that Lots
2D and 2E will remain in cultivation.
Health Department approval has been obtained for the proposed lots.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: The subject parcels are developed with single family homes and are zoned AG-1 and
AG-2 Agricultural Districts.
SURROUNDING LAND North: Cultivated field / AG-1 and AG-2 Agricultural Districts
USE AND ZONING: South: Cultivated field / AG-1 and AG-2 Agricultural Districts
East: . Forested / AG-1 Agricultural District
West: . Princess Anne Road /Single-family homes / AG-2 Agricultural
District
COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The
Rural Area is located in the southern half of the Ciry south of Indian River and Sandbridge Roads. It is
characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and
rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities,
wetland banks, fish farms and other similar uses. It is an important objective to protect and sustain all of our
valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth.
Rural Development Guidelines for residential development call for residential lots to be subdivided on soils that
possess the best drainage and water table characteristics. The guidelines also call for the rural residential
character of the area to be protected and not be dominated by new development. Successful rural residential
developments should not dominate, but complement the pastoral setting and showcase the attractiveness of
the natural surrounding countryside. Homes should to be arranged in ways that adapt to the natural rural
setting and not follow a typical suburban pattern of regimentation.
CITY SERVICES
TRAFFIC:
Street Name Present
Volume
Present Capacity
Generated Traffic
Princess Anne 8,900 ADT 12,000 ADT (Level of Existing Land Use -
Road Service "D") 20 ADT
Proposed Land Use 3-
50 ADT
Average Daily Trips
z as defined by
s as defined b
RANDY TILLMAN
Agenda Item 9
Page 2
EVALUATION AND RECOMMENDATION
The proposed Conditional Use Permit for alternative residential development is acceptable. The four
news lots is below the five lots permitted by the class of the soils. The Comprehensive Plan's Rural
Development Guidelines for residential development call for residential lots to be subdivided on soils that
possess the best drainage and water table characteristics. In this case the subject parcels contain class I
(State loam) soils. State loam soils are well drained and are generally suitable for conventional septic
systems on one acre lots.
The proposed dwellings have been setback a minimum of 450-feet from Princess Anne Road and have
been staggered. This layout will provide a sufficient green area and/or area of cultivation along this
roadway to retain the rural character of the area which is in keeping with the Comprehensive Plan's Rural
Development Guidelines for residential development.
The lots have also been arranged so existing curb cuts can be utilized and shared between lots with only
one addition shared curb cut proposed.
Therefore, staff recommends approval of this request subject to the conditions listed
1. The site shall be developed substantially in accordance with the submitted subdivision plan
entitled "Subdivision of Property of Laura Frances Tillman, Trustee Under the Laura Frances
Tillman Declaration of Trust and 1.033 Acre Parcel, Subdivision of Property for Laura Frances
Tillman," dated June 8, 2010, prepared by Gallup Surveyors & Engineers, Ltd. Said plan has
been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the
Planning Department.
2. The property owner shall maintain the on-site gravel driveway sufficient to support emergency
vehicles at all times.
3. Private access easements shall be place over the shared access points.
NOTE: Further conditions maybe 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
(OPTED) concepts and strategies as they pertain to this site.
RANDY TILLIVIAN
Agenda Item 9
Page 3
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Agenda Item 9
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CUP-Alternative Residential Development
ZONING HISTORY
# DATE REQUEST ACTION
1 02/25/1992 Subdivision Variance lot width A roved
2 02/25/1992 Condition Use Permit (single family home &
shelter for farm em to ee Approved
3 08/31/1991 Subdivision Variance (lot width) & Condition
Use Permit sin le famil homes Approved
4 08/13/2002 Subdivision Variance lot width A roved
5 04/08/1985 Subdivision Variance lot width A roved
RANDY TILLMAN
Agenda Item 9
Page 6
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. bebw: (Attach list if necessary)
N/A
2. List all businesses that have aparent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list ifnecessary)
N/A
L~1 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.
ff die property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
N/A
2. List all businesses that have aparent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N/A
~ Check here if the property owner is NOT a cerporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes _ No ,~
If yes, what is the name of the official or employee and the nature of their interest?
Corgilional use Permit nppAca,ion
Page9M1D
f2avised 7/372007
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RANDY TILLMAN
Agenda Item 9
Page 7
DISCLOSURE STATEMENT
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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)
Gallup Surveyors & Engineers Ltd
' °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 § 2.2-3109.
~ "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 contrdling
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 afrlliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understarld 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 tb 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.
,.,.1 Randy Tillman
Apprican ' ignature Print Name
~~-~-~ ~""~ " ~-~-~ ! ~~ ..~,~,,~,,,,i Laura Frances Tillman,
Property Owner's Signature ("rf different than applicant) Print Name rUStee
Corgitional use PemYt Apgication
Page 100110
Revised 7/!!2007
DISCLOSURE STATEMENT
RANDY TILLMAN
Agenda Item 9
Page. 8
Item #9
Randy Tillman
Conditional Use Permit
1646 & 1650 Princess Anne Road
District 7
Princess Anne
November 9, 2011
CONSENT
An application of Randy Tillman for a Conditional Use Permit for alternative residential development on
property located at i646 & 160 Princess Anne Road, District 7, Princess Anne: GPIN: 2412-07-7207-
0000;2402-97-9733-0000.
CONDTIONS
1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled
"Subdivision of Property of Laura Frances Tillman, Trustee Under the Laura Frances Tillman Ceclaration of
Trust and 1.033 Acre Parcel, Subdivision of Property for Laura Frances Tillman," dated June 8, 2010, prepared
by Gallup Surveyors & Engineers, Ltd. Said plan has been exhibited to the Virginia Beach Planning Commission
and City Council and is on file in the Planning Department.
2. The property owner shall maintain the on-site gravel driveway sufficient to support emergency vehicles a± all
times.
3. Private access easements shall be place over the shared access points.
Item #9
Randy Tillman
Page 2
NOTE: Further conditions maybe 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 (OPTED) concepts and strategies as
they pertain to this site.
AYE 11
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
THORNTON AYE
NAY 0 ABS 0 ABSENT 0
By a vote of 11-0, the Commission approve d item 9 by consent.
The applicant Randy Tillman appeared before the Commission.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH -ORDINANCE TO AMEND SECTION 201 - An
Ordinance to amend Section 201(e) of the City Zoning Ordinance pertaining to
fences in the side yard setbacks.
MEETING DATE: December 6, 2011
^ Background:
This amendment will allow citizens with dwellings that have a nonconforming side
yard setback adjacent to a street, to place six foot tall fences in the required side
yard, as long as they are in line with the corner of the dwelling and parallel to the
street. The fence must be at least 5 feet from the right-of-way.
^ Considerations:
This amendment will allow older dwellings which are located in the side yard
setback to fence their back yard, beginning at the side of the dwelling.
There was no opposition to the request.
^ Recommendations:
Staff recommended approval of the proposed amendment. The Planning
Commission placed this item on the Consent Agenda, passing a motion by a
recorded vote of 11-0, to recommend approval of this request to the City Council.
^ Attachments:
Staff Review
Minutes of Planning Commission Hearing
Ordinance
Recommended Action: Staff recommended approval. Planning Commission
recommended approval.
Submitting Department/Agency:
City Manager: S J~
Planning Department
10
November 9, 2011 Public Hearing
CITY OF VIRGINIA BEACH
ORDINANCE TO AMEND SECTION 201 OF
THE CITY ZONING ORDINANCE
REQUEST:
An Ordinance to amend Section 201 of the City Zoning Ordinance (CZO) pertaining to fences in the side
yard setback.
SUMMARY OF AMENDMENT
This amendment will allow citizens with dwellings that have a nonconforming side yard setback adjacent to
a street, to place six foot tall fences in the required side yard, as long as they are in line with the corner of
the dwelling and parallel to the street. The fence must be at least 5 feet from the right-of-way. This will
allow older dwellings which are located in the side yard setback to fence their back yard, beginning at the
side of the dwelling.
RECOMMENDATION
Staff recommends approval of the proposed amendment.
CITY OF VIRGINIA BEACH=Section 201
:Agenda Item 10
Page.
1 AN ORDINANCE TO AMEND 201 (e) OF THE CITY
2 ZONING ORDINANCE PERTAINING TO FENCES IN
3 SIDE YARD SETBACKS
4
5 Section Amended: § 201(e)
6
7 WHEREAS, the public necessity, convenience, general welfare and good zoning
8 practice so require;
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12
13 That Section 201(e) of the City Zoning Ordinance is hereby amended and
14 reordained to read as follows:
15
16 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO
17 ALL DISTRICTS
18
19 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET
20 PARKING AND OFF-STREET LOADING
21
22 ....
23
24 Sec. 201. Yards.
25
26 ....
27
28 (e) Requirements for Fences and Walls.
29
30 (1) Fences and walls shall not exceed a height of eight (8) feet. Walls and
31 fences may project into or enclose any part of any yard; provided,
32 however, that any fence or wall which projects into or encloses a required
33 front or side yard adjacent to a street shall not exceed a height of four (4)
34 feet except in the case of a through lot when a required front yard setback
35 is clearly and physically the rear of the dwelling, an eight-foot fence will be
36 allowed, and provided further that no fence or wall may be erected closer
37 than five (5) feet to any right-of-way line, and where it is closer than ten
38 (10) feet to any right-of--way line, it shall have installed between it and the
39 right-of-way line Category I landscaping.
40
41 (1a) Fences constructed of materials generally recognized on an industry-wide
42 basis as maintenance-free, such as vinyl, may be located on a right-of-
43 way line, provided that (i) Category I landscaping shall be installed
44 immediately inside the entire length of any such fence; (ii) the height of
45 any such fence shall not exceed the limits set forkh in subsection (e)(1)
46 above; and (iii) any such fence shall be no greater than fifty (50} percent
47 opaque.
48
49 ~ Fences or walls six feet or less in height, located on corner lots may be
50 erected in the required side yard setback, substantially parallel to the right-
51 of-way line located adjacent to the side yard in line with the closest
52 corner of any nonconforming dwelling. The closest corner of the
53 nonconformin dwellin shall not include fire laces ba windows or
54 similar amenities. No such fence or wall may be erected closer than five
55 (5) feet to any right-of-way line, and where it is closer than ten (10) feet to
56 any right-of--way line, Category I landscaping shall be installed between
57 the right-of-way line and the fence.
58
59 ....
60
61 COMMENT
62
63 This amendment will allow citizens with dwellings that have a nonconforming side yard
64 setback adjacent to a street to place six foot tall fences in required side yards, as long as they are in
65 line with the corner of the dwelling and parallel to the street. The fence must be at least 5 feet from
66 the right-of-way. This will allow older dwellings which are located in the side yard setback to fence
67 their back yard, beginning at the side of the dwelling.
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:
~,~.~. ~"
Plan ing City Attorne Office
CA11860
R-4
November 1, 2011
Item # 10
City of Virginia Beach
An Ordinance to Amend Section 201 of the
City Zoning Ordinance
November 9, 2011
CONSENT
An ordinance to amend Section 201 of the City Zoning Ordinance (CZO) pertaining to fences in the side
yard setback.
SUMMARY OF AMENDMENT
This amendment will allow citizens with dwellings that have a nonconforming side yard setback adjacent
to a street, to place six foot tall fences in the required side yard, as long as they are in line with the corner
of the dwelling and parallel to the street. The fence must be at least 5 feet from the right-of--way. This will
allow older dwellings which are located in the side yard setback to fence their back yard, beginning at the
side of the dwelling.
AYE 11 NAY 0
ABS 0 ABSENT 0
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
THORNTON AYE
By a vote of 11-0, the Commission approved item 10 by consent.
Karen Lasley appeared before the Commission.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH -ORDINANCE TO AMEND SECTION 501 - An
Ordinance to amend Section 501 of the City Zoning Ordinance pertaining to
recreation and amusement facilities of an outdoor nature in residential zoning
district.
MEETING DATE: December 6, 2011
^ Background:
The Zoning Ordinance currently allows outdoor recreation facilities in Residential
Districts to have permanently enclosed components. These enclosed recreation
buildings, however, cannot exceed 20% of the site and can be used only for the same
recreational use that takes place outdoors. For example, an outdoor soccer complex
can build an indoor field house, but it can only be used for soccer related activities.
The proposed amendment will expand the uses that can be placed within the
enclosed facility and allows City Council, through the conditional use process, to
permit indoor activities that are not identical to those conducted outdoors.
^ Considerations:
An enclosed recreation building, such as a field house, is suitable for multiple
recreation uses and the impact of adding a variety of uses can be evaluated and
controlled through the conditional use permit process.
There was no opposition to the request.
^ Recommendations:
Staff recommended approval of the proposed amendment. The Planning
Commission placed this item on the Consent Agenda, passing a motion by a
recorded vote of 11-0, to recommend approval of this request to the City Council.
^ Attachments:
Staff Review
Ordinance
Minutes of Planning Commission Hearing
Recommended Action: Staff recommended approval. Planning Commission
recommended approval.
Submitting Department/Agency: Planning Department
Requested by: Councilmember Bill DeSteph
11
November 9, 2011 Public Hearing
CITY OF VIRGINIA BEACH
ORDINANCE TO AMEND SECTION 501 OF
THE CITY ZONING ORDINANCE
REQUEST:
An Ordinance to amend Section 501 of the City Zoning Ordinance (CZO) pertaining to recreation and
amusement facilities of an outdoor nature in residential zoning districts.
SUMMARY OF AMENDMENT
The Zoning Ordinance currently allows outdoor recreation facilities in Residential Districts to have
permanently enclosed components. These enclosed recreation buildings, however, cannot exceed 20% of
the site and can be used only for the same recreational use that takes place outdoors. For example, an
outdoor soccer complex can build an indoor field house, but it can only be used for soccer related
activities. The proposed amendment will expand the uses that can be placed within the enclosed facility
and allows City Council, through the conditional use process, to permit indoor activities that are not
identical to those conducted outdoors.
RECOMMENDATION
Staff recommends approval of the proposed amendment. An enclosed recreation building, such as a field
house, is suitable for multiple recreation uses and the impact of adding a variety of uses can be evaluated
and controlled through the conditional use permit process.
CITY OF VIRGINIA BEACH-.Section 501
Agenda Item 11
Page 1
REQUESTED BY COUNCILMEMBER WILLIAM R. DESTEPH
1 AN ORDINANCE TO AMEND SECTION 501
2 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO RECREATION AND
4 AMUSEMENT FACILITIES OF AN OUTDOOR
5 NATURE IN RESIDENTIAL ZONING
6 DISTRICTS
7
8 Section Amended: § 501
9
10 WHEREAS, the public necessity, convenience, general welfare and good zoning
11 practice so require;
12
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
16 That Section 501 of the City Zoning Ordinance is hereby amended and
17 reordained to read as follows:
18
19 ARTICLE 5. -RESIDENTIAL DISTRICTS
20
21 ....
22 Sec. 501. -Use regulations.
23 (a) Principal and conditional uses. The following chart lists those uses permitted within
24 the R-40 through R-2.5 Residential Districts. Those uses and structures in the
25 respective residential districts shall be permitted as either principal uses indicated
26 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by
27 an "X" shall be prohibited in the respective districts. No uses or structures other
28 than as specified shall be permitted.
29
Uses Residential Districts
R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S
Recreation and C C C C C C C C C
amusement facilities
of an outdoor nature
other than those
specified as principal
uses, which may be
partially or
temporarily enclosed
on a seasonal basis,
with the approval of
city council, except
that riding academies
and recreational
campgrounds shall
not be allowed. Such
facilities may include
permanently
enclosed
components,
provided such
components do not
exceed a total of
twenty (20) percent of
the area
encompassed by the
conditional use
permit and the
activities conducted
therein are identical
to those conducted
outdoors or
specifically permitted
by the conditional use
ep rmit
30
COMMENT
31 This amendment will expand the uses that can be placed at a recreation or amusement
32 facility of an outdoor nature which are enclosed. It will allow City Council, through the conditional
33 use process, to permit indoor activities that are not identical to those conducted outdoors.
34
35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
36 of , 2011.
APPROVED AS TQ CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
/t ,,~. !.
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Planning City Attorney's Office
CA12047/R-1
September 28, 2011
Item # I I
City of Virginia Beach
An Ordinance to Amend Section 501 of the
City Zoning Ordinance
November 9, 2011
CONSENT
An ordinance to amend Section 501 of the City Zoning Ordinance (CZO) pertaining to recreation and
amusement facilities of an outdoor nature in residential zoning districts.
SUMMARY OF AMENDMENT
The Zoning Ordinance currently allows outdoor recreation facilities in Residential Districts to have
permanently enclosed components. These enclosed recreation buildings, however, cannot exceed 20% of
the site and can be used only for the same recreational use that takes place outdoors. For example, an
outdoor soccer complex can build an indoor field house, but it can only be used for soccer related
activities. The proposed amendment will expand the uses that can be placed within the enclosed facility
and allows City Council, through the conditional use process, to permit indoor activities that are not
identical to those conducted outdoors.
AYE 11 NAY 0 ABS 0 ABSENT 0
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYF,
RUSSO AYE
STRANGE AYE
THORNTON AYE
By a vote of 11-0, the Commission approved item l 1 by consent.
Karen Lasley appeared before the Commission.
~~ ~~~
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH -ORDINANCE TO AMEND SECTION 503 - An
Ordinance to amend Section 503 of the City Zoning Ordinance pertaining to
height regulations for public schools in residential districts.
MEETING DATE: December 6, 2011
^ Background:
Currently, Virginia Beach Public Schools is building multi-story school buildings as
older public schools are demolished and new schools are rebuilt on the same
sites. These multi-story schools are more efficient and allow for larger square
footage on a smaller footprint, leaving more space for outdoor activities. Because
public schools are frequently located in Residential Districts where the maximum
height is 35', height variances are required. The proposed amendment raises the
maximum height for public schools in the Residential Districts from 35' to 70'.
^ Considerations:
More multi-storied public schools are being constructed in Residential Districts
and height variances to accommodate them are needed. When a certain type of
variance starts to become recurring in nature, an amendment to the zoning
ordinance should be considered.
There was no opposition to the request.
^ Recommendations:
Staff recommended approval of the proposed amendment. The Planning
Commission placed this item on the Consent Agenda, passing a motion by a
recorded vote of 11-0, to recommend approval of this request to the City Council.
^ Attachments:
Staff Review
Ordinance
Minutes of Planning Commission Hearing
Recommended Action: Staff recommended approval. Planning Commission recommended
approval. Councilmember DeSteph has asked that this item be deferred indefinitely.
Submitting DepartmentlAgency: Planning Department
Requested by: Councilmember Bill DeSteph
12
November 9, 2011 Public Hearing
CITY OF VIRGINIA BEACH
ORDINANCE TO AMEND SECTION 503 OF
THE CITY ZONING ORDINANCE
REQUEST:
An Ordinance to amend Section 503 of the City Zoning Ordinance (CZO) pertaining to height regulations
for public schools in residential districts.
SUMMARY OF AMENDMENT
Currently, Virginia Beach Public Schools is building multi-story school buildings as older public schools are
demolished and new schools are rebuilt on the same sites. These multi-story schools are more efficient
and allow for larger square footage on a smaller footprint, leaving more space for outdoor activities.
Because public schools are frequently located in Residential Districts where the maximum height is 35',
height variances are required. The proposed amendment raises the maximum height for public schools in
the Residential Districts from 35' to 70'.
RECOMMENDATION
Staff recommends approval of the proposed amendment. More multi-storied public schools are being
constructed in Residential Districts and height variances to accommodate them are needed. When a
certain type of variance starts to become recurring in nature, an amendment to the zoning ordinance
should be considered.
CITY OF VIRGINIA BEACH -Section 503
Agenda Item 12
Page 1
REQUESTED BY COUNCiLMEMBER WILLIAM R. DESTEPH
'! AN ORDINANCE TO AMEND SECTION 503
2 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO HEIGHT REGULATIONS
4 FOR PUBLIC SCHOOLS IN RESIDENTIAL
5 DISTRICTS
6
7 Section Amended: § 503
9 WHEREAS, the public necessity, convenience, general welfare and good zoning
10 practice so require;
11
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14
15 That Section 503 of the City Zoning Ordinance is hereby amended and
16 reordained to read as follows:
17
18 ARTICLE 5. -RESIDENTIAL DISTRICTS
19
20 ....
21 Sec. 503. -Height regulations.
22 The following shall constitute the maximum height requirements for all structures
23 within all Residential Districts.
24
25 (a) Except as provided in subsection {b), the maximum height for all buildings and
26 structures shall be thirty-five (35) feet.
27
28 (b) The maximum height for single-family dwellings within the R-40, R-30, R-20 or
29 R-15 Residential District in subdivisions of ten {10) or more lots created after
30 the date of adoption of this subsection shall be forty-two (42) feet.
31
32 (c) The maximum height for public schools within all Residential Zoning Districts
33 shall be seventy (70) feet. .
34
35 4s} Notwithstanding the above, no building or other structure shall exceed the
36 height limit established by section 202(b) regarding air navigation.
37
38 COMMENT
39
40 Public schools are frequently required to fit on smaller parcels as they are updated by
41 the School Board. As such, they are forced to become higher, rather than to be single story as they
42 were previously. This requires greater heights for such uses in the Residential Zoning Districts,
43 where they are frequently located. This amendment is at the request of Councilmember William R.
44 DeSteph.
45
46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
47 of , 2011.
APPROVE AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIEN Y:
t
anni City Attorney's Office
CA12048
R-1
September 28, 2011
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH -VIRGINIA AQUARIUM & OWLS CREEK AREA
MASTER PLAN- An Ordinance to amend the Comprehensive Plan by Adopting the
Virginia Aquarium & Owls Creek Area Master Plan, November, 2011, and revise
the Policy Document.
MEETING DATE: December 6, 2011
^ Background:
The City began a ten month planning process to prepare a master plan for the
Aquarium and Owls Creek Area. The study defines a twenty year plan for the
Virginia Aquarium and Owls Creek Area connecting the site as it relates to the
theme of marine science in Virginia Beach.
The elements of this master plan incorporate the following six main focus areas:
Recreation, Research and Technology, Education, Entertainment, Economic
Development and Exhibits. These focus areas have been integrated into the plan
to create a place that embodies the charm of Virginia Beach and leaves a legacy
of preservation that can be embraced by future generations.
^ Considerations:
The Virginia Aquarium & Owls Creek Area Master Plan is the result of an
extensive public participation process involving residents in the area, property
owners, the business community, environmentalists, City and other stakeholders.
The document is intended to encourage development or redevelopment of
regional significance by preserving existing community and heritage, protecting
the natural environment, facilitating a mix of land uses, encouraging
transportation connectivity, enhancing the character, providing incentives for
quality development and giving definition to the Aquarium and Owls Creek Area.
There was no opposition to the request.
^ Recommendations:
Staff recommended adoption of this master plan. The Planning Commission
placed this item on the Consent Agenda, passing a motion by a recorded vote of
11-0, to recommend approval of this request to the City Council.
City of Virginia Beach -Aquarium & Owls Creek Area Master Plan
Page 2 of 2
^ Attachments:
Staff Review
Ordinance
Minutes of Planning Commission Hearing
Recommended Action: Staff recommended approval. Planning Commission
recommended approval.
Submitting Department/Agency: Planning Department /
City Manager: ~ ~ • ~~~
14
November 9, 2011 Public Hearing
CITY OF VIRGINIA BEACH
AMENDMENT TO THE COMPREHENSIVE
PLAN -VIRGINIA AQUARIUM & OWLS
CREEK AREA MASTER PLAN
REQUEST:
An Ordinance to amend the Comprehensive Plan by Adopting the Virginia Aquarium & Owls Creek area
Master Plan, November, 2011, and revise the Policy Document.
SUMMARY OF AMENDMENT
The City began a ten month planning process to prepare a master plan for the Aquarium and Owls Creek
Area. The process involved extensive public participation and was guided by committees comprised of
stakeholders, representatives of the community and staff. The study defines a twenty year plan for the
Virginia Aquarium and Owls Creek Area connecting the site as it relates to the theme of marine science in
Virginia Beach.
The elements of this master plan incorporate the following six main focus areas: Recreation, Research
and Technology, Education, Entertainment, Economic Development and Exhibits. These focus areas
have been integrated into the plan to create a place that embodies the charm of Virginia Beach and
leaves a legacy of preservation that can be embraced by future generations. The attached amendments
revise the Comprehensive Plan accordingly and direct the reader to the Comprehensive Plan's online
Document Library for a full copy of the Virginia Aquarium & Owls Creek Area Master Plan.
RECOMMENDATION
The Virginia Aquarium & Owls Creek Area Master Plan is the result of an extensive public participation
process involving residents in the area, property owners, the business community, environmentalists, City
and other stakeholders. The document is intended to encourage development or redevelopment of
regional significance by preserving existing community and heritage, protecting the natural environment,
facilitating a mix of land uses, encouraging transportation connectivity, enhancing the character, providing
incentives for quality development and giving definition to the Aquarium and Owls Creek Area.
Staff recommends adoption of this master plan.
CITY OF VIRGINIA BEACH -AQUARIUM & OWLS CREEK AREA MASTER PLAN
Agenda Item 14
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
AN ORDINANCE TO AMEND THE COMPREHENSIVE
PLAN BY ADOPTING THE VIRGINIA AQUARIUM AND
OWLS CREEK AREA MASTER PLAN, NOVEMBER 2011
AND REVISE THE POLICY DOCUMENT
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require;
WHEREAS, the Virginia Aquarium and Owls Creek Area Master Plan, November
2011, has been developed with extensive input from the community and all
stakeholders;
WHEREAS, there are several revisions that are necessary to bring the adopted
Comprehensive Plan into conformity with the Virginia Aquarium and Owls Creek Area
Master Plan, November 2011; and
WHEREAS, the Virginia Aquarium and Owls Creek Area Master Plan, November
2011, and the attached revisions to the Policy Document should be adopted as part of
the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Comprehensive Plan of the City of Virginia Beach be, and hereby is,
amended and reordained by:
1. The adoption of the Virginia Aquarium and Owls Creek Area Master Plan,
November 2011. Such document is made a part hereof, having been exhibited to the
City Council and is on file in the Department of Planning; and
2 The revision of the Policy Document, pertaining to the Virginia Aquarium
and Owls Creek Area Master Plan, November 2011, as shown on the attached
document entitled "Comprehensive Plan Policy Document Revisions, Chapter 1:
Introduction-Comprehensive Plan Map, Chapter 3: Suburban Area-Suburban Focus
Area 4--Virginia Aquarium & Owls Creek Master Plan, November 2011." Such
document is made a part hereof, having been exhibited to the City Council and is on
file in the Department of Planning.
COMMENT
The ordinance amends the Comprehensive Plan by the adoption of the Virginia Aquarium
and Owls Creek Area Master Plan, November 2011. The current provisions of the Comprehensive
Plan pertaining to this area are revised to reflect the adoption and relevant provisions of the Master
Plan.
Adopted by the Council of the City of Virginia Beach, Virginia, on this
day of , 2011.
APPROVED AS TO CONTENT
Plannin apartment
CA12045
R-4
October 25, 2011
APPROVED AS TO LEGAL SUFFICI NCY:
~.
City A orney's Once
DRAFT -Comprehensive Plan Policy Document Revisions
Chapter 1: Introduction -Comprehensive Plan Map
Chapter 3: Suburban Area -Suburban Focus Area 4 -Virginia Aquarium & Owls Creek Master Plan,
November 2011
(Page 1-10, Comprehensive Plan Map revised)
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DESCRIPTION
The Virginia Aquarium and Owls Creek area is generally bound by Norfolk Avenue. General
Booth Boulevard and South Birdneck Road. This area has great potential to be a national
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preservation.
3
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VIRGINIA AQUARIUM AND OWLS CREEK AREA
RECOMMENDATIONS FOR THE
VIRGINIA AQUARI UM AND RESEARCH AREA
The Virginia Aquarium and Research area is planned to create expansion opportunities
focusing on environmental education, stewardship, and research. The master plan for the
aquarium area includes:
- New aquarium exhibit building linked to the existing aquarium to provide additional
space for exhibits, banquet facilities, and meeting rooms to position the Virginia
Aquarium alongside the top tier aquariums in the world.
- A research aquarium serving multiple functions diversifying the base of economic
activity in the aquarium area, creating a hub of marine science and "green" research
and innovation.
Y The existing boat ramp will remain serving the public, the aquarium, and the green
research building.
A green research building will provide space for environmental and energy related
research.
RECOMMENDATIONS FOR THE
MARINA DISTRICT
The Marina District adds new residential condominium units, additional retail and
restaurant space, and structured parking to replace lost surface parking and to support
new infill development.
A Marina Park will create a new promenade that connects into the existing trail
system at Rudee Loop and creates continuous waterfront access for the general
public.
Aquarium Expansion
- Residential towers located on top of the parking garages with impressive views of
Owls Creek and the Ocean with shops and restaurants are proposed at the eastern
and western ends to enhance the already successful area.
- Existing restaurants and residential buildings will be maintained and enhanced with
the waterfront promenade and plazas for residents and patrons.
Marina Perspective
]2ECOMMENDATIONS FOR THE
]2ESEARCH CENTER AT OWLS CREEK POINT AND MARSHVIEW PROPERTY
The Research Center at Owls Creek Point and Marshview Property is aloes-impact
development that is a supportive extension of the research complex located primarily in
the Aquarium area. This development includes additional research space and research-
oriented conferencing and symposia space.
- A natural setting for research, learning laboratories, and small research-oriented
meetings and events to attract a niche audience.
- The trail system links to the overall trail system throughout the nature park on the
Marshview property.
- The property will offer nearby residents amenities including open nature trails,
lookout-towers, boardwalks, open play recreational fields, and possibly a dog park.
10
RECOMMENDATIONS FOR THE
~NTERTAINMENTAND EDUCATION CENTER
The Entertainment and Education Center includes expansion space for existing attractions,
creates new indoor and outdoor attractions, and introduces retail, restaurant and
entertainment space to comprise amixed-use leisure and entertainment destination.
- The Entertainment Village expands the existing Motor World and Ocean Breeze
areas to offer additional rides and one continuous entertainment village at the core
of the area with retail and restaurants.
~ The prominent corner of General Booth Boulevard and South Birdneck Road will be
a continuation of the retail, restaurant and entertainment with high exposure.
- An outdoor adventure park geared toward the adrenalin seeking visitors with a zip
line and high ropes course, will create a unique opportunity through the Aquarium
to get visitors immersed in the natural beauty of the area.
~ The Coastal Pavilion expansion offers more exhibits relating to the coastal
environment.
Y Seatack Elementary will remain with an increased natural buffer and a dedicated
pathway connecting the school to the Coastal Pavilion for possible joint learning
programs.
11
Owls Creek Point Research Center
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GENERAL BOOTH CAMPGROUNDS
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DESCRIPTION
The Holiday Trav-L Park is located on the west side of General Booth Boulevard and the
KOA Campground on the east side. Both offer outdoor recreational activities for citizens
and visitors of Virginia Beach and complement our City's recreational programs and the
resort hospitality industry.
12
RECOMMENDATIONS FOR THE
GENERAL BOOTH CAMPGROUNDS
- The existing campgrounds offer outdoor recreational activities for both citizens and
visitors of Virginia Beach and are appropriate uses for these sites.
- Where consistent with AICUZ policy, alternate uses may include attractive, high
quality, and low intensity:
- Offices;
- Resort oriented retail;
- Resort oriented recreational; or
- Other AICUZ compatible uses.
Residential or hotel uses are not recommended for either campground site.
KOA Campground
13
Item # 14
City of Virginia Beach
Amendment to the Comprehensive Plan -Virginia Aquarium & Owls
Creek Area Master Plan
November 9, 2011
CONSENT
An Ordinance to amend the Comprehensive Plan by Adopting the V irginia Aquarium & Owls Creek Area
Master Plan, November, 2011, and revise the Policy Document.
SUMMARY OF AMENDMENT
The City began a ten month planning process to prepare a master plan for the Aquarium and Owls Creek
Area. The process involved extensive public participation and was guided by committees comprised of
stakeholders, representatives of the community and staff. The study defines a twenty year plan for the
Virginia Aquarium and Owls Creek Area connecting the site as it relates to the theme of marine science in
Virginia Beach.
The elements of this master plan incorporate the following six main focus areas: Recreation, Research and
Technology, Education, Entertainment, Economic Development and Exhibits. These focus areas have
been integrated into the plan to create a place that embodies the charm of Virginia Beach and leaves a
legacy of preservation that can be embraced by future generations. The amendments revise the
Comprehensive Plan accordingly and direct the reader to the Comprehensive Plan's online Document
Library for a full copy of the Virginia Aquarium & Owls Creek Area Master Plan.
AYE 11 NAY 0
ABS 0 ABSENT 0
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
THUR1\TTON AYE
By a vote of 11-0, the Commission approved item 14 by consent.
Lynn Clement appeared before the Commission.
K. APPOINTMENTS
BOARD OF ZONING APPEALS
CHESAPEAKE BAY PRESERVATION AREA BOARD
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY BOARD
PARKS and RECREATION COMMISSION
PLANNING COMMISSION
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
CITY COUNCIL SESSION SCHEDULE
Date Time Meetin
December 13, 2011 TBA Briefings, Informal Session, Formal
Session
January 3, 2012 TBA Back to the normal schedule