The URL can be used to link to this page

JUNE 26, 2012 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILL/AM D. SESSOMS, JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 G/.ENNR. DAMS, Rore Hall -District 3 WILLlAMR. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville -District 2 ROBERT M DYER, Centerville -District 1 BARBARA M HENLEY, Princess Anne -District 7 JOHN D. MOSS, At-Large JOHN E. UHRIN, Beach -District 6 ROSEMARY Yi7LSON, At-/,arge JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGF,R - JAMES K SPORE C/TY AlTOR>v'F.Y -MARK D. ST/LES C/I'Y ASSESSOR - JERALD D. BANAGAN C/TY AUDIT OR - LYNDON S. REMIAS CITY CLERK RUTH HODGES ERASER, MMC CITY COUNCIL AGENDA 26 JUNE 2012 I. CITY MANAGER'S BRIEFINGS -Conference Room- A. DEVELOPMENT AUTHORITY Recommendations for Use of ECONOMIC DEVELOPMENT SUPPLEMENTAL FUNDING Warren Harris, Director -Economic Development B. SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS Andrew Friedman, Director -Housing and Neighborhood Preservation C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room- A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITYHALL BUILD 2401 COURTHOUSE DF VIRGINIA BEACH, VIRGINIA 23456-t PHONE: (757) 385-~, FAX (757) 385-. E- MAIL: Ctycncl@vbgov. 4:00 PM 5:30 PM C. RECESS TO CLOSED SESSION V. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rob Cosmas Pastor St. Michaels Lutheran Church C. PLEDGE OF ALLEGIANCE D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. MAYOR'S PRESENTATIONS 1. GENERAL ASSEMBLY RESOLUTIONS a. Resolution Commending NAS Oceana Senator Jeff McWaters b. Resolution in Memoriam to Honorable Glenn McClanan Delegate Sal Iaquinto 2. RESOLUTION HONORING Peter K. Mueller Executive Vice President, Stihl Incorporated H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. PUBLIC HEARINGS 1. LEASE OF CITY-OWNED PROPERTY 200 North Oceana Boulevard 2. INSTALLMENT PURCHASE AGREEMENT (ARP) 3484 Charity Neck and 3489 Muddy Creek Roads June 12, 2012 ~~ J. PUBLIC COMMENT OCEANFRONT RESORT DISTRICT FORM-BASED CODE K. ORDINANCES/RESOLUTIONS Ordinances to AMEND the City Code: a. Section 16-41 re removal, storage and sale of certain unattended vehicles b. Section 5-524 re dangerous dog registration procedures APPROPRIATE $1,470 to the Police Department from Dangerous Dog Registration Fees in accordance with Virginia Code Section 3.2-6540(L), As Amended d. ADD Section 27-8 re territorial limits of the City's law enforcement jurisdiction e. REPEAL Sections 38-2 and 38-2.1 re fees for concealed weapon permits 2. Ordinances to AUTHORIZE: a. Acquisition of Agricultural Land Preservation (ARP) Easements in the amount of $1,107,904 to Grandy Winston Henley and Henley Farm, L.P. at 3484 Charity Neck and 3489 Muddy Creek Roads b. The City Manager to EXECUTE a lease with Vetshouse, Incorporated at 200 North Oceana Boulevard c. The City Manager to EXECUTE a Police Mutual Aid Agreement with the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg and the Counties of James City, Accomack, Gloucester, Isle of Wight, Northampton, York and the Towns of Smithfield and Windsor d. Reimbursement of EMS employee's legal fees and expenses incurred in the successful defense of a charge arising from the discharge of official duties e. Acquisition of 104 North Witchduck Road for Witchduck Road Phase II and other municipal purposes Ordinance APPOINTING Viewers to serve one-year terms to view streets or alleys proposed to be closed 4. Ordinance to GRANT Emergency Medical Services (EMS) permits to operate in the City of Virginia Beach: a. Eagle Medical Transports b. Eastern Shore Ambulance Service c. American Lifeline Medical Transport d. Lifeline Ambulance Service e. Mid-Atlantic Regional Ambulance £ Children's Hospital of the King's Daughters g. Special Event Providers of Emergency Medicine h. Nightingale Regional Air Ambulance i. Stone Ambulance Service j. LifeEvac Virginia/air Methods k. Medical Transport 5. Ordinance to CONTINUE funding for the Master Deputy and Sheriff s Career Development Programs 6. Ordinances re the compensation and VRS adjustments of the City Manager, City Attorney, City Clerk, City Real Estate Assessor and City Auditor 7. Resolution to RE-ADOPT Design-Build and Construction Management procedures to reflect actions of the 2011 General Assembly and the revised Department of General Services (DGS) 8. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. Funds from the Fifth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and AUTHORIZE donations to MAS, Inc., The Global Studies and World Languages Academy at Tallwood High School and Friends of the Virginia Beach Library b. APPROPRIATE State revenues, TRANSFER funds and AUTHORIZE Deputy Sheriff positions in the Sheriff s FY 2012-13 Operating Budget TRANSFER funds within the FY2012-13 Economic Development Operating Budget and AUTHORIZE additional full-time positions L. PLANNING 1. Application of FRED NEELEY for a Conditional Use Permit (residential kennel) at 2732 Alameda Drive. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 2. Application of BASILEIA EMPOWERING MINISTRIES/GREGORY MEYERS for a Conditional Use Permit re child care at 1547 Amberley Forest Drive DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of MADELINE F. BAILEY TRUST for a Conditional Use Permit re an automotive repair garage, transmission shop and existing automotive repair at 176- 180 Mac Street DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 4. Application of STIHL, INCORPORATED for a Conditional Use Permit to install a wind energy system at 536 Viking Drive DISTRICT 6 -BEACH RECOMMENDATION APPROVAL Application of JAMES KENNEDY VI/DAVID D. KENNEDY for a Conditional Use Permit re a home occupation -sale of firearms, gunsmithing, assembly, accurizing, parts and service at 3505 Byrne Brae Drive DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of REAL INVESTMENT ASSOCIATES, INC./WILLIAM HENRY SAWYER for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural to Conditional R-10 Residential re developing asingle-family residential development at 2283 Princess Anne Road DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 7. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-7.5 Residential and H-1 Hotel to P-1 Preservation to construct a two-story facility with improvements to parking, circulation, stormwater and site amenities at Bow Creek Recreation Center, 3427 Club House Road DISTRICT 3 -ROSE HALL RECOMMENDATION APPROVAL M. APPOINTMENTS ARTS and HUMANITIES COMMISSION BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION TOWING ADVISORY BOARD THE SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC. (STOP) TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS (HRT) N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL RETREAT Friday, August 3, 2012 Economic Development Conference Room CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT 2012 CITYHOLIDAYS Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day Agenda 06/26/2012 gw I. CITY MANAGER'S BRIEFINGS -Conference Room- 4:00 PM A. DEVELOPMENT AUTHORITY Recommendations for Use of ECONOMIC DEVELOPMENT SUPPLEMENTAL FUNDING Warren Harris, Director -Economic Development B. SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS Andrew Friedman, Director -Housing and Neighborhood Preservation C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room- 5:30 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rob Cosmas Pastor St. Michaels Lutheran Church C. PLEDGE OF ALLEGIANCE D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 12, 2012 G. MAYOR'S PRESENTATIONS 1. GENERAL ASSEMBLY RESOLUTIONS a. Resolution Commending NAS Oceana Senator Jeff McWaters b. Resolution in Memoriam to Honorable Glenn McClanan Delegate Sal Iaquinto 2. RESOLUTION HONORING Peter K. Mueller Executive Vice President, Stihl Incorporated JC4~J' ®~ ~®~ WHEREAS: Peter K Mueller, was born in Munich Germany, received his engineering degree from University in Munich and relocated to the United States in 1974. He started his career with STIFII, when STIFIL, Inc. f rst opened i~~ orspth~ same year. Mr. Mueller started up the U.S. manufacturing operations for STIHL, Inc. in Virginia Beach with i em to ees in a twenty thousand square foot warehouse in the Airport Industrial Park. WHEREAS: His management skills, knowledge and experience were soon recognized when he was promoted to Director of Manufacturing in 1976, and soon after to Vice President of Manufacturing in 1978 when STIHL moved to its current location off Lynnhaven Parkway with a twenty-one thousand square foot headquarters off ce and an eighty five thousand square foot manufacturing facility. Peter K Mueller was promoted to his current position as Executive Vice President in 1992 and has remained one of the top leaders of the company, serving on the Executive Council for the past thirty years. STIHL, Inc., under the profound leadership of Peter Mueller, has grown its commitment to Virginia Beach from simple assembly to advanced manufacturing and numerous expansions, including $60-Million in 2003 and an additional $79-Million in 2003 - - the largest single economic investment in the City's history. In 2008, the company opened a $25-Million facility to manufacture guide-bars for their chain saws rather than importing them from Germany or Brazil. The new facility featured a 60, 000 square foot "green "roof, representing STIHL, Inc. 's commitment to preserving the environment. With an extended land purchase in 2012, STIHL, Inc. expanded their distribution space forftture growth and grew its ownership to 2-Million square feet and over 180 acres of land in Virginia Beach. STIHL, Inc. 's vertically integrated production process is one of the most advanced in the world and allows the company to maintain its position as the world's leading power tool manufacturer. Today STIFIL, Inc. manufactures more than hvo hundred different models of chain saws and power tools, featuring the best available technologies and cleanest running outdoor power equipment available in the world; WHEREAS: Prior to joining STIFIL, Peter K Mueller was the Assistant to the Chairman of the Board of a major German corporation where he held vmious management positions in production and quality assurance. Under his leadership, STIHL, Inc. has achieved the ISO 9001 and ISO 14001 certifications as well as the United States Senate Productivity and Quality Medallion of Excellence Award. STIIIL, Inc. was also a Stage Two Finalist for the Malcolm Baldrige Award and in 2004, declared the winner of the Virginia Shingo Prize for Excellence in Manufacturing. Peter K Mueller understands the value of investing in the employees as well as product quality. For each of the last three years, STIHL has been recognized with the highest quality award within the company for each of three categories: chain saws, power tools and electric tools; WHEREAS: Peter Mueller has been involved in the diplomatic, political and economic aspect of Germany's representation in the United States. He was named Honorary Consul of the Federal Republic of Germany by the then German President, Horst Koehler, in September 2005 and has established himself as one of the leading advocates for the continued success of Virginia Beach and her citizens. He has assisted German citizen in Virginia Beach and the Hampton Roads Area with their questions or problems. He serves various Regional boards, including the Society of Manufacturing Engineers, the Hampton Roads Economic Development Alliance and the Virginia Opera; and, NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach Ciry Council pause in its deliberations to recognize Peter Mueller and pay tribute to his leadership and accomplishments for STIHL, Incorporated, the leading manufacturer in Virginia Beach. BE IT FURTHER RESOLVED: That this signed Resolution be spread upon the Minutes of this Formal Session of the Virginia Beach City Council this Twenty-sixth day of June, Two Thousand Twelve. t;;vvn under nur hands and seals: Councilman C71enn R Davis nP~o6en . ° 06°: ~6 iGnan7ohn L. 41(rin I. PUBLIC HEARINGS LEASE OF CITY-OWNED PROPERTY 200 North Oceana Boulevard 2. INSTALLMENT PURCHASE AGREEMENT (ARP) 3484 Charity Neck and 3489 Muddy Creek Roads PUBLIC COMMENT 1. OCEANFRONT RESORT DISTRICT FORM-BASED CODE K. ORDINANCES/RESOLUTIONS Ordinances to AMEND the City Code: a. Section 16-41 re removal, storage and sale of certain unattended vehicles b. Section 5-524 re dangerous dog registration procedures APPROPRIATE $1,470 to the Police Department from Dangerous Dog Registration Fees in accordance with Virginia Code Section 3.2-6540(L), As Amended d. ADD Section 27-8 re territorial limits of the City's law enforcement jurisdiction e. REPEAL Sections 38-2 and 38-2.1 re fees for concealed weapon permits 2. Ordinances to AUTHORIZE: Acquisition of Agricultural Land Preservation (ARP) Easements in the amount of $1,107,904 to Grandy Winston Henley and Henley Farm, L.P. at 3484 Charity Neck and 3489 Muddy Creek Roads b. The City Manager to EXECUTE a lease with Vetshouse, Incorporated at 200 North Oceana Boulevard The City Manager to EXECUTE a Police Mutual Aid Agreement with the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg and the Counties of James City, Accomack, Gloucester, Isle of Wight, Northampton, York and the Towns of Smithfield and Windsor d. Reimbursement of EMS employee's legal fees and expenses incurred in the successful defense of a charge arising from the discharge of official duties e. Acquisition of 104 North Witchduck Road for Witchduck Road Phase II and other municipal purposes Ordinance APPOINTING Viewers to serve one-year terms to view streets or alleys proposed to be closed 4. Ordinance to GRANT Emergency Medical Services (EMS) permits to operate in the City of Virginia Beach: a. Eagle Medical Transports b. Eastern Shore Ambulance Service c. American Lifeline Medical Transport d. Lifeline Ambulance Service e. Mid-Atlantic Regional Ambulance £ Children's Hospital of the King's Daughters g. Special Event Providers of Emergency Medicine h. Nightingale Regional Air Ambulance i. Stone Ambulance Service j. LifeEvac Virginia/air Methods k. Medical Transport Ordinance to CONTINUE funding for the Master Deputy and Sheriff s Career Development Programs 6. Ordinances re the compensation and VRS adjustments of the City Manager, City Attorney, City Clerk, City Real Estate Assessor and City Auditor 7. Resolution to RE-ADOPT Design-Build and Construction Management procedures to reflect actions of the 2011 General Assembly and the revised Department of General Services (DGS) Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. Funds from the Fifth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and AUTHORIZE donations to MAS, Inc., The Global Studies and World Languages Academy at Tallwood High School and Friends of the Virginia Beach Library b. APPROPRIATE State revenues, TRANSFER funds and AUTHORIZE Deputy Sheriff positions in the Sheriff s FY 2012-13 Operating Budget c. TRANSFER funds within the FY2012-13 Economic Development Operating Budget and AUTHORIZE additional full-time positions Ny~~-0~~ i _ ~ . Y CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Section 16-41 of the City. Code Pertaining to Removal, Storage and Sale of Certain Unattended Vehicles MEETING DATE: June 26, 2012 ^ Background: City Code § 16-41 authorizes police officers to direct the towing of certain unattended vehicles. A change in state law, effective July 1, 2012, allows other uniformed employees of the police department-such as Community Service Officers- to also direct such tows if authorized by the Chief of Police. Unattended vehicles include vehicles involved in accidents that are impeding traffic, illegally parked vehicles, vehicles immobilized on a street by weather or other emergency situations, and abandoned vehicles. ^ Considerations: This ordinance will allow the Chief of Police to authorize other uniformed employees of the police department to direct the towing of code-specified unattended vehicles. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Recommendations: Adopt ^ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Police Department City Manager: `L , ~, 1 AN ORDINANCE TO AMEND SECTION 16-41 OF THE 2 CITY CODE PERTAINING TO REMOVAL, STORAGE AND 3 SALE OF CERTAIN UNATTENDED VEHICLES 4 5 SECTION AMENDED: § 16-41 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 16-41 is hereby amended and reordained to read as follows: 11 Sec. 16-41. - Removal, storage and sale of certain unattended vehicles- 12 Generally. 13 (a) Any law enforcement officer or other uniformed employee of the police department 14 as authorized by the Chief of Police or designee may have removed for safekeeping 15 any motor vehicle, trailer, semitrailer or part or combination thereof if: 16 (1) It is left unattended or has been involved in an accident on a public highway or 17 other public property and impedes the flow of traffic; 18 (2) It is illegally parked; 19 (3) It is left unattended for more than ten (10) days either on public property or on 20 private property without the permission of the property owner, lessor or occupant; 21 (4) It is immobilized on a public highway by weather conditions or other 22 emergency situation; 23 (5) It is left abandoned on a public highway or other public property. For the 24 purposes of this section, it shall be presumed that a vehicle or part thereof is 25 abandoned if (a) it lacks either a current license plate, or a current county, city or 26 town license decal, or a valid state safety inspection decal; and (b) it has been in a 27 specific location for four (4) days without being moved; or- 28 (6) It is designated for removal by the code enforcement administrator as provided 29 by Section 16-40(e). 30 (b) No vehicle shall be moved from private property under the provisions of subsection 31 (a)(3) of this section without the written request of the owner, lessee or occupant 32 thereof. Further, the person at whose request a motor vehicle, trailer or semitrailer is 33 removed from privately owned property pursuant to this section shall indemnify the city 34 against any loss or expense incurred by reason of the removal, storage or sale. 35 (c) Each removal under this Section or Section 16-40 shall be reported immediately to 36 the Chief of Police, who shall give notice to the owner of the motor vehicle, trailer or 37 semitrailer and to the department of motor vehicles as promptly as possible. The owner 38 of such vehicle, trailer or semitrailer, before obtaining possession thereof, shall pay to 39 the city all reasonable costs incidental to the removal, storage and locating the owner of 40 the vehicle, trailer or semitrailer. Should such owner fail or refuse to pay the costs or 41 should the identity or whereabouts of such owner be unknown and unascertainable, 42 after a diligent search has been made and after notice to him at his last known address 43 and to the holder of any lien of record in the office of the Department of Motor Vehicles 44 in Virginia against the motor vehicle, trailer or semitrailer, the chief of police may, after 45 holding the motor vehicle, trailer or semitrailer twenty (20) days and after due notice of 46 sale, dispose of the same at public sale and the proceeds from the sale shall be 47 forwarded by the chief of police to the city treasurer. 48 (d) If no claim has been made by the owner for the proceeds of a sale under this 49 Section, the remaining funds may be deposited to the general fund or any special fund 50 of the city. Any such owner shall be entitled to apply to the city within three (3) years 51 from the date of such sale, and if timely application is made therefor, the city shall pay 52 the same to the owner, without interest or other charges. No claim shall be made nor 53 shall any suit, action or proceeding be instituted for the recovery of such funds after 54 three (3) years from the date of such sale. 55 (e) Notwithstanding the foregoing provisions, any abandoned vehicle which is 56 inoperable and whose fair market value is determined to be less than the cost of its 57 restoration to an operable condition, may be disposed of to a demolisher, without title 58 and without notification procedures, by the city or by the person on whose property or in 59 whose possession the vehicle is found. The demolisher, on taking custody of the 60 inoperable abandoned vehicle shall notify the department as provided by Code of 61 Virginia, § 46.2-1205. 62 (f) Any personal property found in any unattended or abandoned motor vehicle, trailer 63 or semitrailer may be sold incident to the sale of such vehicle pursuant to this section. 64 (g) In enforcing this section the police department shall not utilize any tow truck service 65 which is not in full compliance with the requirements of article IV of chapter 21 66 (h) The chief of police is authorized to adopt, with the approval of the city manager, 67 additional requirements for towing services related to the safety and convenience of 68 persons whose vehicles are towed in accordance with this section. This ordinance shall be effective July 1, 2012. Adopted by the City Council of the City of Virginia Beach, Virginia, on this __ day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department ity A rney's ffi CA12306/R-2/June 14, 2012 .r,-.., ,.~~..yw ~~~. « ', `>; CITY OF VIRGINIA BEACH AGENDA ITEM ~, ITEMS: (1) An Ordinance to Amend Section 5-524 of the City Code Pertaining to Dangerous Dog Registration Procedures (2) An Ordinance to Appropriate Funds to the Operating Budget of the Police Department resulting from Dangerous Dog Registration Fees MEETING DATE: ^ Background: City Code § 5-524 contains registration procedures for a dog found by a court to be a "dangerous dog." The General Assembly adopted a law that amends the state code provisions on which the City Code provision is based, effective July 1, 2012, and the City Code provision needs to be revised in order to remain consistent with state law. The change also will have a budgetary impact, because the state law mandates an increase in registration fees. ^ Considerations: The ordinance that amends the City Code (1) increases the initial registration fee for a dangerous dog from $50 to $150; (2) increases the annual re-registration fee from $50 to $85; (3) requires animal control officers to post registration information on the Virginia Dangerous Dog Registry; and (4) earmarks a portion of the fee collected for the State Veterinarian. The State Veterinarian shall receive $90 for every initial dangerous dog registration and $25 for each subsequent annual registration of the dangerous dog. The second ordinance provides a budget appropriation based upon the change in registration fees. The use of these funds is limited by state law, and the budget ordinance reflects that fact. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Recommendations: Adopt the ordinances. ^ Attachments: Ordinances (2). Recommended Action: Approval Submitting Department/Agency: Police/Animal Control City Manage : ~ ~ . <~~~~ 1 AN ORDINANCE TO AMEND SECTION 5-524 2 OF THE CITY CODE PERTAINING TO 3 DANGEROUS DOG REGISTRATION 4 PROCEDURES 5 6 SECTION AMENDED: § 5-524 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 5-524 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 Sec. 5-524. -Registration procedures. 14 (a) The owner of any animal found to be a dangerous dog shall, within +~ f°rty_ 15 five 45 days of such finding, obtain a dangerous dog registration certificate from the 16 bureau of animal control for a fee of one hundred and fifty dollars ($150.00), in addition 17 to other fees that may be authorized by law. The bureau of animal control shall also 18 provide the owner with a uniformly designed tag that identifies the animal as a 19 dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the 20 animal wears the collar and tag at all times. By January 31 of each year, until such time 21 as the dangerous dog is deceased, Aall certificates obtained pursuant to this subsection 22 shall be updated and renewed a~a~+y for +~~~ a fee of eighty-five dollars ($85.00) 23 and in the same manner as the initial certificate was obtained. The anima! control officer 24 shall 25 post registration information on the Virginia 26 Dangerous Dog Regist 27 (b) All dangerous dog registration certificates or renewals thereof required to be 28 obtained under this section shall only be issued to persons eighteen (18) years of age 29 or older who present satisfactory evidence: (i) of the animal's current rabies vaccination, 30 if applicable; (ii) that the animal has been neutered or spayed; and (iii) that the animal is 31 and will be confined in a proper enclosure or is and will be confined inside the owner's 32 residence or is and will be muzzled and confined in the owner's fenced-in yard until the 33 proper enclosure is constructed. In addition, owners who apply for certificates or 34 renewals thereof under this section shall not be issued a certificate or renewal thereof 35 unless they present satisfactory evidence that: (i) their residence is and will continue to 36 be posted with clearly visible signs warning both minors and adults of the presence of a 37 dangerous dog on the property; and (ii) the animal has been permanently identified by 38 means of a tattoo on the inside thigh or by electronic implantation. All certificates or 39 renewals thereof required to be obtained under this section shall only be issued to 40 persons who present satisfactory evidence that the owner has liability insurance 41 coverage, of at least one hundred thousand dollars ($100,000.00), that covers animal 42 bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, 43 to the value of at least one hundred thousand dollars ($100,000.00). 44 (c) 45 , 46 47 The owner shall alas cause the Bureau of Animal Control to be promptly notified of: (i) 48 the names, addresses, and telephone numbers of all owners; (ii) all of the means 49 necessary to locate the owner and the dog at any time; (iii) any complaints or incidents 50 of attack by the dog upon any person or cat or dog; (iv) any claims made or lawsuits 51 brought as a result of any attack; (v) tattoo or chip identification information or both; (vi) 52 proof of insurance or surety bond; and (vii) the death of the dog. 53 (d) All fees collected pursuant to this section, less the costs incurred for producing 54 and distributing the certificates and taps, and less the fees due to the State Veterinarian 55 for maintenance of the Virginia Dangerous Dog Registry, shall be paid into a fund for 56 the purpose of paving the expenses of training courses required under Code of Virginia 57 § 3.2-6556. 58 This ordinance shall become effective on July 1, 2012. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department City rney's is APPROVED AS TO CONTENT: Ma agement Services CA12305 R-2 June 14, 2012 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO APPROPRIATE FUNDS TO THE OPERATING BUDGET OF THE POLICE DEPARTMENT RESULTING FROM DANGEROUS DOG REGISTRATION FEES NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $1,470 is hereby appropriated, with estimated local revenues increased accordingly, to the FY 2013 Operating Budget of the Police Department from dangerous dog registration fees and such funds shall be used in accordance with Virginia Code § 3.2-6540(L), as amended. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: w~+'~' - Ma agement Services Ci y A 's Office CA12314 R-1 June 15, 2012 ,.4, r 4 '~ d~,~y?~ ~ :~ t ~ '.~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 27-8 to the City Code Pertaining to the City's Law Enforcement Jurisdiction MEETING DATE: June 26, 2012 ^ Background: Senate Bill 80, effective July 1, 2012, extends the law enforcement jurisdiction of Virginia Beach three miles out into the waters off the City's coast line. ^ Considerations: This ordinance adds section 27-8 to the City Code and describes the City's law enforcement jurisdictional boundaries. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Recommendations: Adopt Ordinance. ^ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Police,~~ City Manager: ~3 ~.~~''L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 AN ORDINANCE TO ADD SECTION 27-8 TO THE CITY CODE PERTAINING TO CITY'S LAW ENFORCEMENT JURISDICTION SECTION ADDED: § 27-8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 27-8 is hereby added to the Code of the City of Virginia Beach, Virginia, and ordained to read as follows: Sec 27-8. -Law enforcement jurisdiction. Pursuant to Code of Virginia ~ 15.2-1725.1, for purposes of public safety regulatory authority and enforcement the territorial limits of the City extends from its costal shoreline the coastal shorelines of Camp Pendleton, the coastal shorelines of First Landing State Park and the coastal shorelines of False Cape State Park in a perpendicular direction for three miles into the Atlantic Ocean and Chesapeake Bay waters This territorial jurisdiction is concurrent with the jurisdiction of the Commonwealth but this authority does not extend to the regulatory authority of the Virginia Marine Resources Commission. 23 This ordinance shall become effective on July 1, 1012. Adopted by the City Council of the City of Virginia Beach, Virginia; on this day of , 2012. APPROVED AS TO CONTENT: f /~ ~~r~~.~'o ~ 1~E~~~~ Police Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12307 R-2 June 7, 2012 !~ 4,NFg1.~ C"~. Fi,~tw YC '; ~) ~ti ~; f J t ~~ ~ ' :.i ~~.~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Repeal Sections 38-2 and 38-2.1 of the City Code Pertaining to Fees for Concealed Weapon Permits MEETING DATE: June 26, 2012 ^ Background: The General Assembly recently approved legislation, effective July 1, 2012, that repeals the requirement for fingerprint submissions as part of the concealed weapon permit application process. Additionally, state law provides that the permit application fee may not exceed $50. The court clerk's office currently collects the $50 fee. City Code § 38-2 provides for the collection of an additional $3 City fee as part of the application process. The City has not collected that fee since the state enacted the $50 fee cap, but the obsolete Code section has not yet been repealed. ^ Considerations: This ordinance repeals City Code § 38-2, which requires concealed weapon permit applicants to pay the City a $3 application processing fee. This ordinance also repeals City Code § 38-2.1 which requires concealed weapon permit applicants to submit fingerprints for the purpose of running a criminal history check for the court as part of the application process. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Attachments: Ordinance. Recommended Action: Approval Submitting DepartmentlAgency: Police Department City Manager. ~~ ~~~ 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO REPEAL SECTIONS 38- 2 AND 38-2.1 OF THE CITY CODE PERTAINING TO FEES FOR CONCEALED WEAPON PERMITS SECTIONS REPEALED: § 38-2 AND 38-2.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 38-2 and 38-2.1 of the Code of the City of Virginia Beach, Virginia, are hereby repealed: 13 14 yea-pew: 15 16 ~ 17 , 18 19 20 21 22 23 24 This ordinance shall become effective on July 1, 2012. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2012. APPROVED AS TO CONTENT Police Department APPROVED AS TO LEGAL SUFFICIENCY: City A ney's ~ce CA12304 R-2 June 13, 2012 =~ ~~ s o ~ ~~~ t~' _. .fib ''~e• ~, ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $1,107,904 (Property of Grandy Winston Henley and Henley Farm, L.P.) MEETING DATE: June 26, 2012 ^ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon twelve (12) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City s interests, and other standard contingencies. ^ Considerations: The subject property consists of two (2) parcels of land having approximately 98.92 acres outside of marshland or swampland. It is owned by Grandy Winston Henley and Henley Farm, L. P. Under current development regulations, there is a total development potential of four (4) single-family dwelling building sites, none of which will be reserved for future development as a 3-acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located at 3484 Charity Neck Road and 3489 Muddy Creek Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $1,107,904. This price is the equivalent of approximately $11,200 per acre of easement acquired. 2 The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 2.1100% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.1100% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ^ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ^ Alternatives: The City Council may decline to purchase the development rights to the property. ^ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ^ Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney s Office); area map showing location of property. Recommended Action: Adoption Submitting DepartmentlAgency: Agriculture Department ,/)~~-- City Manager: l~, ~ U 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $1,107,904. (PROPERTY OF GRANDY WINSTON HENLEY 6 AND HENLEY FARM, L.P.) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $1,107,904; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 2.1100% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 5.1100% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 65 , 2012. CA12167 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D007\P014\00022808. DOC R-1 DATE: June 12, 2012 APPROVED AS TO CONTENT ~~ Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: ~' " City Attorney's O ce CERTIFIED AS TO AVAILABILITY OF FUNDS: ~~ Director o finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2011-121 SUMMARY OF MATERIAL TERMS SELLER: HENLEY, GRANDY WINSTON and HENLEY FARM, L.P. PROPERTY LOCATION: 3484 Charity Neck Road and 3489 Muddy Creek Road, Princess Anne District PURCHASE PRICE: $1,107,904 EASEMENT AREA: 98.92 acres, more or less DEVELOPMENT POTENTIAL: 4single-family dwelling sites (4 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 2.1100% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 5.1100% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. ~~ ^L W O N L... ^ , ~ L ~ U J ~ N i ~ C~ ~ I..1_ ~ 'a N cv ~ O N ~ Z U ~ ~ Z ~ ~ _~ ~ ~ C6 4~ ~ = U -y.,-_,, rr,!mNtA~BB,.. t. y~~ r^ rJ >r ~j ~ `t ~ i '~"~.. "5.^.:. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for five years or less with Vetshouse, Incorporated for the use of land and a 2,088 square foot (approx.) City-owned residence located at 200 N. Oceana Blvd. MEETING DATE: June 26, 2012 ^ Background: Vetshouse Incorporated ("Vetshouse") would like to lease land and a 2,088 square foot residence (the "Property") from the City of Virginia Beach (the "City"). The Property is located at 200 N. Oceana Blvd in the City of Virginia Beach. The Property was acquired by the City through the APZ-1 Acquisition Program. Vetshouse is a program providing temporary housing and life-skills training for homeless veterans. The number of residents is limited to four. Vetshouse has leased this property from the City for the last five years pursuant to Ordinance 2998A adopted August 28, 2007. The current lease expires on August 31, 2012. Vetshouse was required to noise attenuate the Property and has complied with that requirement. ^ Considerations: This lease would be for a term of one (1) year with four (4) one-year renewal option periods. ^ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ^ Alternatives: Approve terms of the Lease Agreement as presented, alter terms of the proposed Lease Agreement or deny leasing the Property. ^ Recommendations: Approval ^ Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval Submitting Department/Agency: Public Works /Facilities Management Office City Manager: k~~~ 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 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR FIVE YEARS OR LESS WITH VETSHOUSE, INCORPORATED FOR THE USE OF LAND AND A 2,088 SQUARE FOOT (APPROX.) CITY-OWNED RESIDENCE LOCATED AT 200 N. OCEANA BLVD. WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain parcel of land and 2,088 square foot residence located at 200 N. Oceana Blvd and shown on Exhibit A attached hereto (the "Property"); WHEREAS, the City adopted Ordinance 2998A on August 28, 2007 to lease the Property to Vetshouse Incorporated ("Vetshouse") for a period of five years and said lease expires on August 31, 2012; WHEREAS, Vetshouse has requested to lease the Property for $1.00 per year and will perform all required maintenance; WHEREAS, Vetshouse would like to enter into a formal lease arrangement with the City for the Property pursuant to the Summary of Terms attached hereto; WHEREAS, the Property will be utilized for temporary housing and life- skills training for homeless veterans and for no other purpose. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for a term of five years or less, between Vetshouse, Incorporated and the City, for the Property in accordance with the Summary of Terms attached hereto and made a part hereof, and such other terms, conditions or modifications as may be acceptable to the City Manager and a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM Ci A ney PW/Faci ies Manag ent C 12160 5/7/12 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d011 \p013\00019274.doc Exhibit A Property to be Leased to Vetshouse 200 N. Oceana Blvd Page 1 of 1 EXHIBIT B SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: Vetshouse, Incorporated PREMISES: Approximately 2,088 square foot residence located at 200 N. Oceana Boulevard and approximately 18,675 sq. ft. of land. TERM: September 1, 2012, through August 31, 2013, with 4 one-year renewal options RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Will use the Premises for a Vetshouse residential facility and for no other purpose. • At no time shall more than 4 people reside in the dwelling unit. • Lessee shall not modify the Premises without prior approval from City. • Will keep, repair, and maintain the Premises at its expense. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. Lessee shall provide a certificate evidencing the existence of such insurance. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. TERMINATION: The City may terminate the Lease at any time without cause with thirty (30) days' written notice. r~4`~N n e qc~ }} i4 ~^7Y 1 IZ a/ j ~, ~' i ~ '~ '.i ~t`ri;~.: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing and Directing the City Manager to Execute a Police Mutual Aid Agreement with the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, and the Counties of James City, Accomack, Gloucester, Isle of Wight, Northampton, York, and the Towns of Smithfield and Windsor MEETING DATE: June 26, 2012 ^ Background: In November 1990, the City Council passed an ordinance authorizing the City Manager to execute a Mutual Aid Agreement for police services with Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach and James City. That agreement was updated in October 2003 to allow the localities of Williamsburg, York and Smithfield to join the agreement and then again in September of 2009 to allow the localities of Franklin, Poquoson, Accomack, Gloucester, Isle of Wight and Northampton to join the agreement. The proposed update will allow the Town of Windsor to join the agreement. ^ Considerations: By executing this Agreement, the City ensures it inclusion in this multi-jurisdictional Mutual Aid Agreement. This agreement is separate and distinct from the Statewide Mutual Aid agreement to which this City is also a party, as the statewide agreement is only triggered when the Governor declares a state of emergency. ^ Public Information: This item will be advertised in the same manner as other items on Council's agenda. ^ Recommendations: Adopt Ordinance. ^ Attachments: Ordinance, Amended Mutual Aid Agreement and Summary of Terms Recommended Action: Approval Submitting DepartmentlAgency: Police Department, City Manager: k f ~ 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 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A POLICE MUTUAL AID AGREEMENT WITH THE CITIES OF CHESAPEAKE, FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA BEACH, WILLIAMSBURG, AND THE COUNTIES OF JAMES CITY, ACCOMACK, GLOUCESTER, ISLE OF WIGHT, NORTHAMPTON, YORK, AND THE TOWNS OF SMITHFIELD and WINDSOR WHEREAS, Virginia law authorized local governments to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of police services; and WHEREAS, it is deemed mutually beneficial to the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, and the Counties of James City, Accomack, Gloucester, Isle of Wight, Northampton, York, and the Towns of Smithfield and Windsor to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement, increasing the ability of the local governments to promote the safety and welfare of the entire area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the accompanying Police Mutual Aid Agreement is approved and that the City Manager be directed to execute said Agreement on behalf of the City of Virginia Beach. Adopted by the council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT: AP OVED AS CONTENT: ~ -, olice Department ~ k Management APPROVED AS TO LEGAL SUFFICIENCY: City Att y's Offic CA12296 R-1/June 7, 2012 SUMMARY OF TERMS 1. Event - an incident requiring a law enforcement response that exceeds the equipment and/or personnel resources of the member's Police Department. 2. Mutual Aid Agreement - An agreement between eighteen (18) localities to provide emergency services in the event an incident occurs that requires resources beyond those of the requesting locality's law enforcement department. The Agreement also provides arrest authority for officers responding to the requesting jurisdiction's locality, and allows arrest authority for officers present in another's jurisdiction in the event of an immediate threat to public safety. 3. Nature -Outlines the procedures of the City of Virginia Beach to provide and receive law enforcement manpower and equipment, if available, in an effort to effectively respond to emergency incidents. 4. Term -This Agreement is effective upon execution, and may be terminated without cause upon thirty (30) days written notice by either party. This Agreement mirrors and will rescind the 2009 Agreement upon execution. 5. Insurance -Insurance requirement are met through the City of Virginia Beach's self-insurance program administered by Risk Management. LAW ENFORCEMENT MUTUAL AID AGREEMENT THIS AGREEMENT, made this lst day of June, 2009, by and among the Cities of CHESAPEAKE, FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA BEACH and WILLIAMSBURG, each a municipal corporation of the Commonwealth of Virginia; the County of JAMES CITY, a political subdivision of the Commonwealth of Virginia; the Sheriff of the County of ACCOMACK; the Sheriff of the County of GLOUCESTER; the Sheriff of the County of ISLE OF WIGHT; the Sheriff of the County of NORTHAMPTON; the Sheriff of the County of YORK; the Town of SMITHFIELD; and the Town of WINDSOR. WHEREAS, Virginia law authorizes local governments and Sheriffs, in counties where no police department has been established, to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of law enforcement services; and WHEREAS, the twelve local governments and the Sheriffs of the Counties of Accomack, Gloucester, Isle of Wight, Northampton and York have determined that the provision of law enforcement aid across jurisdictional lines will increase their ability to preserve the safety and welfare of the entire area; and WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement; and WHEREAS, the parties hereto desire that the terms and conditions of this Law F,nforcement Mutual Aid Agreement be established. NOW, THEREFORE, in consideration of the mutual benefits to be derived from a Law Enforcement Mutual Aid agreement, the parties hereto covenant and agree as follows; 1. Each party will endeavor to provide law enforcement support to the other parties to this Agreement within the capabilities available at the time the request for such support is made and within the terms of this Agreement. 2. Requests for assistance pursuant to the terms and conditions of this Agreement shall be made by the requesting jurisdiction's Chief of Police or Sheriff, whichever is applicable, or their respective designee. 3. The requesting party shall be responsible for designating a radio communications system for use by the requested party. 4. The personnel of the requested party shall render such assistance under the direction of the Chief of Police or Sheriff of the requesting party, or their respective designee. 5. Law enforcement support provided pursuant to this Agreement shall include, but not be limited to, the following resources: uniformed officers, canine officers, aerial support when maintained, forensic support, plainclothes officers, special operations personnel and related equipment. All law enforcement officers and personnel shall be duly trained and currently certified for the position provided. 6. Subject to the terms of this Agreement, and without limiting in any way the other circumstances or conditions in which mutual aid may be requested and provided under this Agreement, the parties hereto agree to provide assistance to the requesting party in situations requiring the mass processing of arrestees and transportation of arrestees. The parties to the Agreement further agree to assist the requesting party with security and operation of temporary detention facilities. 7. Nothing contained in this Agreement should in any manner be construed to compel 2 any of the parties hereto to respond to a request for law enforcement support when the personnel of the party to whom the request is made are, in the opinion of the requested party, needed or are being used within the boundaries of that party, nor shall any request compel the requested party to continue to provide law enforcement support to another party when its personnel or equipment, in the opinion of the requested party, are needed for other duties within the boundaries of its own jurisdiction. 8. In those situations not involving the provision of mutual aid upon request, law enforcement officers and personnel, and other employees of any city, county, town or Sheriff hereunder, may also enter any other jurisdiction in furtherance of law enforcement purposes, concerning any offense in which the entering law enforcement agency may have a valid interest; provided, that the entering personnel shall, as soon as practical, make such presence known to the Chief of Police or Sheriff of the entered jurisdiction, or his designated representative. 9. The responsibility for investigation and subsequent actions concerning any criminal offense shall remain with the law enforcement agency of the locality whose court has original jurisdiction over the offense. Entering law enforcement personnel shall promptly notify the law enforcement agency of the entered locality upon discovery of a crime over which the court of the entered locality has original jurisdiction. 10. Officers acting pursuant to this Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the other duties of a law enforcement officer; such authority shall be in conformance with §§ 15.2-1724; 15.2- 1726; 15.2-1730; 15.2-1730.1 and 15.2-1736 of the Code of Virginia, as amended. Law enforcement officers of any party who might be casually present in any other jurisdiction shall have power to apprehend and make arrests only in such instances wherein an apparent, immediate threat to public safety precludes the option of deferring action to the local law enforcement agency. 11. All law enforcement officers, agents and other employees of the parties to this Agreement who are acting pursuant to this Agreement shall have the same powers, rights, benefits, privileges and immunities in each other's jurisdiction, including the authority to make arrests in each other's jurisdiction. 12. 'The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the parties within their boundaries shall extend to their participation in rendering assistance outside their boundaries pursuant to this Agreement. It is understood that for the purposes of this Agreement, the responding party is rendering aid once it has entered the jurisdictional boundaries of the party requesting assistance. 13. All pension, relief, disability, worker's compensation, life and health insurance and other benefits enjoyed by said law enforcement officers or personnel as employees of their respective jurisdictions shall extend to the services they perform under this Agreement outside their respective jurisdictions. Each party agrees that the provision of these benefits shall remain the responsibility of the employing party. 14. Each party agrees that, in activities involving the rendering of assistance to another party pursuant to this Agreement, each party shall waive any and all claims against 4 all other parties hereto which may arise out of their activities outside their respective jurisdiction. 15. The parties shall not be liable to each other for reimbursement for injuries to law enforcement officers or personnel, or damage to equipment incurred when going to or returning from another jurisdiction, except to the extent that reimbursement for such expenses may be or is received from the Federal Emergency Management Agency (FEMA) or another governmental agency. Neither shall the parties be liable to each other any other costs associated with, or arising out of, the rendering of assistant pursuant to this Agreement, except to the extent that reimbursement for such expenses may be or is received from FEMA or another governmental agency. 16. This Agreement rescinds and supersedes all previous written agreements and oral understandings relating to the provision of mutual law enforcement services between the parties. 17. Any of the parties hereto may withdraw from this Agreement by giving thirty (30) days written notice to that effect to the other parties. IN WITi`1ESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective city manager, county administrator, town manager or Sheriff; the official seal of each city, county and town affixed hereto and attested by their respective city, county or town clerk, and indicating thereafter the ordinance or resolution authorizing the execution. Sheriffs may attest by Notary Public. CITY OF VIRGINIA BEACH BY: City Manager ATTEST: City Clerk Resolution/Ordinance #: Adopted On: 6 ~.1~, ~h 8~ y /4 ,` x p c,r (O ~ '; i ~C~ `,~t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Reimbursement of an Employee for Legal Fees and Expenses Incurred in the Successful Defense of a Misdemeanor Charge Arising Out of the Discharge of Official Duties MEETING DATE: June 26, 2012 ^ Background: A citizen appeared before a magistrate and swore out a warrant against an Emergency Medical Services Captain for impersonating a police officer after the employee "pulled over" the citizen to advise the citizen that he was following an ambulance too closely. The case was heard in the General District Court on February 22, 2011. The defendant pleaded not guilty, and the court found that the evidence was sufficient to convict but deferred the disposition of the case for one year. On February 22, 2012, the court dismissed the criminal charge. The employee was represented at trial by Defense Counsel Christopher I. Jacobs with the law firm of Kalfus & Nachman, P.C. Mr. Jacobs rendered an invoice for $1,000 in fees. ^ Considerations: Section 15.2-1521 of the Code of Virginia authorizes local governing bodies to reimburse the legal fees and expenses incurred by any employee of the locality on any criminal charge arising out of any act committed in the discharge of the employee's official duties if the court subsequently dismisses the charge. The City Attorney's Office reviewed the circumstances of the case and determined that the $1,000.00 legal fee is reasonable. ^ Recommendation: Approval of ordinance. ^ Attachments: Ordinance Recommended Action: Approval .~ Submitting DepartmentlAgency: Emergency Medical Servic „~ City Manager: ~ •~'S 1 AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF 2 AN EMPLOYEE'S LEGAL FEES AND EXPENSES 3 INCURRED IN THE SUCCESSFUL DEFENSE OF A 4 MISDEMEANOR CHARGE ARISING FROM THE 5 DISCHARGE OF OFFICIAL DUTIES 6 7 WHEREAS, a Virginia Beach employee was charged with a misdemeanor for 8 actions arising out of the performance of his official duties; 9 10 WHEREAS, the Virginia Beach General District Court dismissed the charge on 11 February 22, 2012; 12 13 WHEREAS, in the defense of said charge, the employee incurred legal fees and 14 expenses in the amount of $1,000.00 and has requested the City to reimburse him for such 15 fees and expenses; 16 17 WHEREAS, Section 15.2-1521 of the Code of Virginia provides that "(i)f any officer 18 or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on 19 any criminal charge arising out of any act committed in the discharge of his official duties, 20 and no charges are brought, the charge is subsequently dismissed, or upon trial he is 21 found not guilty, the governing body of the locality may reimburse the officer or employee 22 for reasonable legal fees and expenses incurred by him in defense of such investigation or 23 charge, the reimbursement to be paid from the treasury of the locality"; and 24 25 WHEREAS, the Department Director and the City Attorney's Office have reviewed 26 the circumstances of this case, assessed the invoice submitted by the employee's legal 27 counsel, and determined that the legal fees and expenses are reasonable. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the Chief of the Department of Emergency Medical Services is hereby 33 authorized to expend funds in the amount of $1,000.00 from the FY 2013 Operating 34 Budget of the Department of Emergency Medical Services for the purpose of reimbursing 35 the employee for legal fees and expenses incurred by him in defense of a misdemeanor 36 charge brought against him arising out of the performance of his official duties. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 39 day of , 2012. APPROVED AS TO CONTENT: APPROVED AST LEGAL SUFFICIENCY: Depart ent of Emergency City A ey's ffic Medical Services CA12291/R-2/June 7, 2012 -., f~s,~ \N ~H 'i (~ f~ wsa ~ r"J J~ 'l L~~ri CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Acquisition of 104 N. Witchduck Road for Witchduck Road Phase II and Other Municipal Purposes MEETING DATE: June 26, 2012 ^ Background: A 4.78-acre parcel located at 104 N. Witchduck Road in the City of Virginia Beach (GPIN: 1467-84-4236) (the "Property") has been listed for sale. A portion of the Property will be necessary for Witchduck Road -Phase II (CIP 2- 025) (the "Road Project"). The current alignment of the Road Project would require demolition of the building on the southwest corner of the Property, and staff recommends an advance acquisition of the Property. In addition, the portion of the Property not needed for the Road Project has been identified as a suitable location for the relocation of the City-operated Lighthouse Multi-Service Center (CIP 3-503) or possibly for municipal offices or other public use. The Lighthouse Multi-Service Center is currently located at 825 18th Street and provides services to the homeless. City Council would approve the ultimate use of the Property after staff has explored the available options and gathered public input as to the various uses. Staff has negotiated a purchase price of $3,250,000 for the acquisition of the Property from the owner, 8450 Van Nuys Blvd. (Virginia), LLC (the "Seller"). Funding for the acquisition would come in part from Lighthouse Multi-Service Center (CIP 3-503) and Various Site Acquisitions -Phase II (CIP 3-139). Public Works plans to seek reimbursement from VDOT for the portion of the Property to be used for the Road Project. ^ Considerations: The ultimate use of the Property will be determined by City Council after a review of all options and after seeking public input. However, the Seller is willing to sell at this time, and it is unlikely the Property could be acquired at the same price in the future. ^ Public Information Advertisement of City Council's Agenda. If Council authorizes the purchase, staff will undertake community outreach efforts prior to the final determination of the use of the Property. ^ Recommendation: Approval. ^ Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval Submitting Department/Agency: Dept. of Housin ighborhood Preservation and Public Works / R al Estate~~~ 1, ~"~ City Manager. K.. , ~`~ `r1`' 1 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF 2 104 N. WITCHDUCK ROAD FOR WITCHDUCK ROAD 3 PHASE Il AND OTHER MUNICIPAL PURPOSES . 4 5 WHEREAS, 8450 Van Nuys Blvd. (Virginia), LLC ("Seller) owns approximately 6 4.78 acres ofi real property located at 104 N. Witchduck Road, in the City of Virginia 7 Beach, Virginia (GPIN: 1467-84-4236) (the "Property"); 8 9 WHEREAS, Seller desires to sell the Property to the City of Virginia Beach {the 10 "City"); 11 12 WHEREAS, a portion of the Property will be necessary for the Witchduck Road - i 3 Phase I I road project (CIP 2-025), currently planned by the City; 14 15 WHEREAS, the remainder of the Property has been identified as a potential site 16 for the relocation of the Lighthouse Multi-Service Center, or other municipal uses as 17 may be determined by City Council in the future; and 18 19 WHEREAS, funding for the acquisition would come from both Lighthouse Multi- 20 Service Center (CIP 3-503) and Various Site Acquisitions ~ Phase II (C!P 3-139}. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 1. That the City Council authorizes the acquisition of the Property by purchase 26 pursuant to § 15.2-1800 of the Code of Virginia (1950}, as amended, which Property is 27 identified as 104 N. Witchduck Road, Virginia Beach {GPIN 1467-84-4236). 28 29 2. That the City Manager, or his authorized designee, is authorized to execute 30 any and all documents necessary in connection with the acquisition of the Property, so 31 long as such documents are in accordance with the Summary of Terms, ~ attached 32 hereto as Exhibit A, and made. a part hereof, and such ether terms and conditions 33 deemed necessary arid sufficient by the Gity Manager and in a form deemed 34 satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 37 of , 2012. APPROVED AS TO CONTENT: De . of Housi ' Neighborhood preservation APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office APPROVED AS TO CONTENT: ~. P is Works /Real Estate CA12174 1\vbgov.COm1DFS11Applica4ionslCtyLawProdlcycom32~W PdOOS~D0141P014100023613.DOC R-1 June 15, 2012 EXHIBIT A SUMMARY OF TERMS ACQUISITION OF 104 N. WITCHDUCK ROAD BUYER: City of Virginia Beach SELLER: 8450 Van Nuys Blvd. (Virginia), LLC, a Virginia limited liability company PROPERTY: Approximately 4.78 acres located 104 N. Witchduck Road, Virginia Beach, Virginia (GPIN 1467-84-4236) PURCHASE PRICE: $3,250,000 SPECIAL TERMS: None i~ GNU 8P-4n1 " ~,:•>'. 04t,.. ..a:~'~'~77 yV w _ _ :?J .L,„~ ~;; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Appointing Three (3) Viewers for One-Year Terms Beginning July 1, 2012, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 26, 2012 ^ Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, City Council, by ordinance adopted June 23, 1998, added § 33-111.2 to the City Code, which provides for the appointment of three (3) viewers for one-year terms, beginning July 1 of each year, to view each and every street or alley proposed to be altered or vacated during the terms of such viewers. ^ Considerations: Because the terms of the current viewers expire on June 30, 2012, it is necessary to appoint viewers for one-year terms beginning July 1, 2012. ^ Public Information: This ordinance will be advertised as a routine agenda item. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning City Manager: ~, , b~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR ONE-YEAR TERMS BEGINNING JULY 1, 2012, TO VIEW EACH STREET OR ALLEY PROPOSED TO BE CLOSED WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers shall be appointed each year to serve terms of one year beginning July 1 to view each and every street or alley proposed to be altered or vacated during the term;" and WHEREAS, it is the desire of City Council to appoint the Directors of the Departments of Planning, Public Works and Parks and Recreation to serve as viewers for one-year terms, beginning July 1, 2012 and ending June 30, 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Director of Planning, Director of Public Works and Director of Parks and Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve a one-year term beginning July 1, 2012 and ending June 30, 2013, to view each and every application to close a street or alley, and to report in writing their opinion of what inconvenience, if any, would result from discontinuing the street or alley or portion thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. APPROVED AS TO CONTENT: Depart~ent of Planni APPROVED AS TO LEGAL SUFFICIENCY: i~ City Attorney's Offi CA12303 R-1 June 6, 2012 RF . ,,y ~~ ~ ' ~~~~ ;~ pfi Ze lc' ') tsx ;y~ ~~ i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Grant Permits Allowing Certain Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 26, 2012 ^ Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. Such permits must be renewed by City Council annually. ^ Considerations: The following applications have been received and processed by the Department of Emergency Medical Services for the operation of basic and advanced life support agencies: Eagle Medical Transports, Eastern Shore Ambulance Service, American Lifeline Medical Transport, Lifeline Ambulance Service, Mid-Atlantic Regional Ambulance, Children's Hospital of the King's Daughters, Special Event Providers of Emergency Medicine, Nightingale Regional Air Ambulance, Stone Ambulance Service, LifeEvac Virginia/Air Methods, and Medical Transport. During the previous twelve months, most of the private emergency medical services agencies listed above performed non-emergency and inter-facility transports to include both basic and advanced life support calls. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Attachments: Ordinance Recommended Action: Adoption Submitting DepartmentlAgency: City Manager: ~ ~ Department of Emergency Medical Service G/~ ~'V ~ 1 A RESOLUTION TO GRANT PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES 3 AGENCIES TO OPERATE IN THE CITY OF VIRGINIA 4 BEACH 5 6 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 7 an emergency medical services agency or any emergency medical services vehicle within 8 the City must first obtain a permit from City Council, and such permits must be renewed on 9 an annual basis; and 10 11 WHEREAS, applications for permit renewals have been received by the following 12 agencies: Eagle Medical Transports, Eastern Shore Ambulance Service, American Lifeline 13 Medical Transport, Lifeline Ambulance Service, Children's Hospital of the King's 14 Daughters, Special Event Providers of Emergency Medicine, Nightingale Regional Air 15 Ambulance, Stone Ambulance Service, LifeEvac Virginia/Air Methods, and Medical 16 Transport.; and 17 18 WHEREAS, the above-listed private ambulance agencies perform services not 19 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 20 transports, which include both basic and advance life support calls. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH; 24 25 1. That the City Council hereby grants Emergency Medical Services permits to the 26 following agencies: 27 28 Eagle Medical Transports, Eastern Shore Ambulance Service, American Lifeline 29 Medical Transport, Lifeline Ambulance Service, Mid-Atlantic Regional Ambulance, 30 Children's Hospital of the King's Daughters, Special Event Providers of Emergency 31 Medicine, Nightingale Regional AirAmbulance, Stone Ambulance Service, LifeEvac 32 Virginia/Air Methods, and Medical Transport. 33 34 2. That these permits shall be effective from July 1, 2012 until June 30, 2013. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: :~~~. Emer ency Medical Services City At ey's ffic CA12299 R-2/June 13, 2012 ~HU 8~~ F° z ~ t~ f~ ..,.s, ~ rsy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Continue Funding for the Master Deputy Program and Sheriff's Career Development Program MEETING DATE: June 26, 2012 ^ Background: The 2010 General Assembly approved language restricting reimbursement for the Master Deputy Program and the Sheriff's Career Development Program to employees in the program before January 1, 2010. The State Compensation Board will not reimburse the City for anyone participating in these programs when such participation occurs after that date. The Sheriff and twenty of the Master Deputies were not in the respective programs prior to January 1, 2010 and therefore are not eligible for State reimbursement. In FY 2011 and FY 2012, the City Council supplanted the state funding for these two programs. With these local funds, the Sheriff's Office has maintained 72 positions in the Office's Master Deputy Program, which provides a 10% salary increase for eligible participants, and the Sheriff's Career Development Program, which provides a 9.3% salary adjustment. ^ Considerations: For the third year in a row, the General Assembly appropriation to the State Compensation Board does not provide reimbursement for the Sheriff's Career Development Program or the Master Deputy Program for those participants who did not participate prior to January 1, 2010. The Sheriff has requested the City continue to fund these programs for those participants whose start date is after January 1, 2010, including the Sheriff, with local funds. Until the General Assembly reinstates full funding for these programs, this will be a recurring issue in future budget years. ^ Public Information: Public information will be handled through the normal Council Agenda notification process. ^ Attachment: Ordinance Submitting Department/Agency: Sheriff's Office 1 AN ORDINANCE TO CONTINUE FUNDING FOR THE 2 MASTER DEPUTY AND SHERIFF'S CAREER 3 DEVELOPMENT PROGRAM 4 5 WHEREAS, the Sheriff has requested the use of City funds from the Sheriff's 6 Department FY 2012-13 Operating Budget to supplant state funding reductions related 7 to participation in the Master Deputy Program and the Sheriff Career Development 8 Program; and 9 10 WHEREAS, the City Council has a City Council Policy to prevent, to the extent 11 possible, the shifting of financial responsibility for State, Federal, or privately funded 12 programs to the citizens of Virginia Beach by not supplanting those funds with local 13 funds, and any deviation from this policy requires Council authorization. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That the Sheriff's Department is authorized to use City funds, within the FY 2012- 19 13 Operating Budget of the Sheriff's Office, to supplant lost State reimbursement for the 20 Sheriff Career Development Program salary adjustment of $11,767 and the salary 21 increases attributable to maintaining the Master Deputy Program at the State 22 Compensation Board FY 2009-10 level of 72 Master Deputy positions. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 Management Services Cit e ' i e CA12313 R-2 June 21, 2012 r NL1 B q~. ~.R tT +'O~ T ~ ` e{ ~v e y ~::-"_ ~, _~,;,,,_ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: June 26, 2012 ^ Background: City Charter § 3.05 provides that City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by City Council In order to comply with a new state law requirement, City Council adopted an ordinance, effective as of July 1, 2012, (1) to require City employees who became Virginia Retirement System ("VRS") members prior to July 1, 2010, to make member contributions in an amount equal to one percent of their VRS total creditable compensation; and (2) to increase those employees' VRS total creditable compensation by one percent. ^ Considerations: The ordinances make no changes to the appointees' compensation other than those required by the recent change to state law and the related City Council ordinance regarding VRS member contributions. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Attachments: Five ordinances Requested by City Council 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY MANAGER WHEREAS, Section 2-89 of the City Code provides that the direct appointees of the City Council shall have their salaries and benefits determined annually by action of City Council; WHEREAS, in compliance with the requirements of state law, City Council adopted an ordinance, effective as of July 1, 2012, (1) to require City employees who became Virginia Retirement System ("VRS") members prior to July 1, 2010, to make member contributions in an amount equal to one percent of their VRS total creditable compensation; and (2) to increase those employees' VRS total creditable compensation by one percent; and WHEREAS, the VRS total creditable compensation for the City Manager includes his salary as well as the value of the City's contributions to his deferred compensation plan and, as set forth in his employment contract, the City-paid premiums for his family medical and dental insurance and long-term care insurance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the base annual salary of the City Manager shall remain at $225,207.95; his car allowance shall remain at $12,000 annually; the City's contribution to his deferred compensation plan shall remain at $20,500 annually; and, in accordance with his employment contract, the City shall continue to pay the total premium for his family health and dental insurance and shall pay up to $2,684 annually on behalf of the City Manager for long term care insurance. 2. That, beginning July 1, 2012, as required by state law and in accordance with budget ordinances adopted by City Council in May, 2012, the City Manager shall pay, on asalary-reduction basis, VRS member contributions in an amount equal to one percent of his VRS total creditable compensation, and his base salary as set forth in paragraph 1 shall be increased in an amount equal to one percent of his VRS total creditable compensation. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO LEGAL SUFFICIENCY: _ ~ City Attorney's O e CA12315 R-3 June 14, 2012 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY 3 ATTORNEY 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in compliance with the requirements of state law, City Council 10 adopted an ordinance, effective as of July 1, 2012, (1) to require City employees who 11 became Virginia Retirement System ("VRS") members prior to July 1, 2010, to make 12 member contributions in an amount equal to one percent of their VRS total creditable 13 compensation; and (2) to increase those employees' VRS total creditable compensation 14 by one percent; and 15 16 WHEREAS, the VRS total creditable compensation for the City Attorney includes 17 his salary as well as the value of the City's contributions to his deferred compensation 18 plan. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. That the base annual salary of the City Attorney shall remain at 24 $189,625.00, and the City's contribution to his deferred compensation plan shall remain 25 at $10,000 annually. 26 27 2. That, beginning July 1, 2012, as required by state law and in accordance 28 with budget ordinances adopted by City Council in May, 2012, the City Attorney shall 29 pay, on asalary-reduction basis, VRS member contributions in an amount equal to one 30 percent of his VRS total creditable compensation, and his base salary as set forth in 31 paragraph 1 shall be increased in an amount equal to one percent of his VRS total 32 creditable compensation. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA12319 R-1 June 15, 2012 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 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY CLERK WHEREAS, Section 2-89 of the City Code provides that the direct appointees of the City Council shall have their salaries and benefits determined annually by action of City Council; WHEREAS, in compliance with the requirements of state law, City Council adopted an ordinance, effective as of July 1, 2012, (1) to require City employees who became Virginia Retirement System ("VRS") members prior to July 1, 2010, to make member contributions in an amount equal to one percent of their VRS total creditable compensation; and (2) to increase those employees' VRS total creditable compensation by one percent; and WHEREAS, the VRS total creditable compensation for the City Clerk consists of only her salary. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the base annual salary of the City Clerk shall remain at $106,677.63, and her car allowance shall remain at $10,000 annually. 2. That, beginning July 1, 2012, as required by state law and in accordance with budget ordinances adopted by City Council in May, 2012, the City Clerk shall pay, on asalary-reduction basis, VRS member contributions in an amount equal to one percent of her base salary, and her base salary as set forth in paragraph 1 shall be increased by one percent. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO LEGAL SUFFICIENCY: /~ , City Attorney's Offic CA12317 R-1 June 15, 2012 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 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY REAL ESTATE ASSESSOR WHEREAS, Section 2-89 of the City Code provides that the direct appointees of the City Council shall have their salaries and benefits determined annually by action of City Council; WHEREAS, in compliance with the requirements of state law, City Council adopted an ordinance, effective as of July 1, 2012, (1) to require City employees who became Virginia Retirement System ("VRS") members prior to July 1, 2010, to make member contributions in an amount equal to one percent of their VRS total creditable compensation; and (2) to increase those employees' VRS total creditable compensation by one percent; and WHEREAS, the VRS total creditable compensation for the City Real Estate Assessor includes his salary as well as the value of the City's contributions to his deferred compensation plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the base annual salary of the City Real Estate Assessor shall remain at $123,700.86 and the City's contribution to his deferred compensation plan shall remain at $4,000 annually. 2. That, beginning July 1, 2012, as required by state law and in accordance with budget ordinances adopted by City Council in May, 2012, the City Real Estate Assessor shall pay, on asalary-reduction basis, VRS member contributions in an amount equal to one percent of his VRS total creditable compensation, and his base salary as set forth in paragraph 1 shall be increased in an amount equal to one percent of his VRS total creditable compensation. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO LEGAL SUFFICIENCY: /`- a , City Attorney's Office CA12316 R-1 June 15, 2012 1 AN ORDINANCE PERTAINING TO 2 THE COMPENSATION OF THE CITY 3 AUDITOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in compliance with the requirements of state law, City Council 10 adopted an ordinance, effective as of July 1, 2012, (1) to require City employees who 11 became Virginia Retirement System ("VRS") members prior to July 1, 2010, to make 12 member contributions in an amount equal to one percent of their VRS total creditable 13 compensation; and (2) to increase those employees' VRS total creditable compensation 14 by one percent; and 15 16 WHEREAS, the VRS total creditable compensation for the City Auditor consists 17 of only his salary. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That the base annual salary of the City Auditor shall remain at $98,400.00, 23 and his car allowance shall remain at $6,000 annually. 24 25 2. That, beginning July 1, 2012, as required by state law and in accordance 26 with budget ordinances adopted by City Council in May, 2012, the City Auditor shall 27 pay, on asalary-reduction basis, VRS member contributions in an amount equal to one 28 percent of his base salary, and his base salary as set forth in paragraph 1 shall be 29 increased by one percent. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO LEGAL SUFFICIENCY: ~~~~ ~~ City Attorney's Office CA12318 R-1 June 15, 2012 ~J~~.w B''~y ~ r °r~~ =g'7 sT~ . . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Re-Adopt Design-Build and Construction Management Procedures MEETING DATE: June 26, 2012 ^ Background: On November 1, 2001, City Council approved a resolution adopting procedures for the design-build and construction management delivery methods. Those procedures were based on the guidelines from the Design-Build & Construction Management Review Board (the Board). That Board established the procedures for cities and counties. The procedures for state agencies came from the Department of General Services (DGS). There were differences between these two sets of procedures. The 2011 General Assembly passed legislation that eliminated the Board and provided that cities and counties are to adopt procedures consistent with the DGS procedures. The DGS procedures are documented in their "Construction & Professional Services Manual" (CPSM). The DGS needed to make revisions to the CPSM based on the 2011 General Assembly action. Those revisions were issued by the Secretary of Administration on May 1, 2012. ^ Considerations: The resolution adopted by City Council in 2001 needs to be revised and re-adopted to reflect the actions of the 2011 General Assembly and the revised DGS procedures. The new legislation and DGS procedures allow local governments more discretion to implement these construction delivery methods. Additionally, the new procedures are more aligned with the best practices in the architecture, engineering, and construction industry. The DGS procedures provide that local governments are not required to adopt standards identical to that of the DGS, but their procedures must be consistent with the DGS. The attached resolution for City Council consideration meets those standards. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Recommendation: Approve the attached resolution. ^ Attachment: Resolution Recommended Action: Approval Submitting DepartmentlAgency: Finance/Purchasing ~~~ (\~ City Manager. k ~ ~ ~, 1 A RESOLUTION TO RE-ADOPT PROCEDURES FOR THE 2 SELECTION, EVALUATION, AND AWARD OF DESIGN- 3 BUILD AND CONSTRUCTION MANAGEMENT CONTRACTS 4 5 WHEREAS, pursuant to Code of Virginia ("Virginia code") § 2.2-4308, a locality may 6 employ design-build or construction management as delivery methods consistent with the 7 procedures established by the Department of General Services for construction projects on 8 a fixed price or not-to-exceed price; and 9 10 WHEREAS, the City of Virginia Beach ("City") desires to establish the necessary 11 procedures for the use of design-build or construction management contracts when 12 beneficial to the City. 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 1. Design-build contract procurement method shall be a two-step competitive 18 negotiation process. The following procedures shall govern the selection, evaluation and 19 award of design-build contracts: 20 21 a. Criteria for use: Design-build contracts are intended to minimize the project risk for 22 the owner and reduce the delivery schedule by overlapping the design phase and the 23 construction phase of a project. 24 25 b. Approval for use: Prior to taking any action to pursue adesign-build project, the 26 requesting department or agency shall receive the approval of the Purchasing Agent to 27 use the design-build procurement delivery method. 28 29 c. Basis of award; The award of a design-build contract shall be based on either: 1) an 30 acceptable technical proposal at the lowest fixed price, or 2) a best value determination 31 by weighted scoring of the technical proposal and the financial proposal. 32 33 d. Evaluation Committee: The City shall establish an Evaluation Committee 34 ("Committee") to be responsible for evaluating the qualifications of potential offerors of 35 design-build and reviewing proposals submitted for such services. This Committee shall 36 consist of a minimum of four (4) and a maximum of six (6) voting members. The 37 members of the Committee shall have expertise relevant to the project, with 38 backgrounds in such areas as project design, construction, finance, contract review, and 39 project management. The Committee shall be chaired by a licensed engineer or 40 architect. The membership of the Committee shall be determined by the City Engineer 41 or his designee. 42 43 e. Selection of Qualified Offerors (Step I) -Request for Qualifications (RFQ) 44 45 i.The City shall publish notice of its RFQ at least thirty (30) days, prior to the date set 46 for receipt of qualifications by posting in the Purchasing Agent's office, distributing to 47 relevant trade group using the DBME database, and in a local newspaper of general 48 circulation in the City so as to provide reasonable notice to the maximum number of 49 offerors that can be reasonably anticipated to submit qualifications in response to 50 the particular request. Additionally, qualifications may be solicited directly from 51 vendors. If practicable, the notice shall also be published in appropriate national 52 trade publications. 53 54 ii.The RFQ shall provide a description of the project, the services required by the City, 55 any unique capabilities to be required of the offeror, and the criteria to be used in 56 evaluating the potential offeror's qualifications. The RFQ shall request of potential 57 offerors only such information as is appropriate for an objective evaluation of all 58 offerors pursuant to such criteria. The RFQ shall establish procedures whereby 59 comments concerning provisions in the RFQ can be received and considered prior 60 to the time set for receipt of qualifications. All offerors shall have a licensed Class 61 "A" contractor and an Architect or Engineer registered in the Commonwealth of 62 Virginia as part of the offeror's team. 63 64 iii.The Committee shall evaluate each responding offeror's qualifications submittal and 65 any other relevant information and shall determine which offerors are fully qualified 66 and suitable for the project. 67 68 iv.The RFP evaluation shall result in a short list of two to five offerors to receive the 69 RFP. An offeror may be denied prequalification only as specified in Virginia Code § 70 2.2-4317, but the short list shall also be based upon the RFQ criteria. 71 72 v. At least thirty (30) days prior to the date established for the submission of 73 proposals, the City shall advise each offeror in writing as to whether that offeror has 74 been prequalified. In the event that an offeror is denied prequalification, the written 75 notice shall state the reasons for the denial of prequalification and the factual basis 76 for such reasons. Prequalified offerors that are not selected for the short list shall 77 likewise be provided the reasons for such decision. 78 79 f. Selection of the Design-Build Contractor (Step II): 80 81 i.The City shall prepare a Request for Proposal ("RFP") that includes: 1) the 82 instructions for submitting the proposal, the criteria for evaluation, and the terms 83 and conditions of the design-build contract; 2) a narrative description of the project 84 requirements; 3) general conditions and technical specifications; 4) facility and site 85 plans as appropriate for the project. The RFP may also define such other 86 requirements as the City determines appropriate for a particular project. The RFP 87 shall include procedures whereby comments concerning specifications or other 88 provisions contained in the RFP can be received and considered prior to the time 89 set for receipt of proposals. 90 91 ii.The City shall send a RFP to the qualified design-build offerors on the short list for 92 the project and request formal proposals from them. Offerors will have at least thirty 93 (30) days to submit a proposal. Separately sealed technical and financial proposals 94 shall be submitted to the Purchasing Agent. The Purchasing Agent will provide the 95 technical proposals to the Committee and retain the financial proposals until the 96 technical review is complete. 97 98 iii.Based on criteria established in the RFP, the Committee shall evaluate each of the 99 technical proposals. As a part of the evaluation process, the Committee may grant 100 each of the offerors an equal opportunity for direct and private communication with 101 the committee. Each offeror shall be allotted the same fixed amount of time. In its 102 conversations with offerors, the Committee shall exercise care to discuss the same 103 owner information with all offerors. In addition, the Committee shall not disclose any 104 trade secret or proprietary information for which the offeror has invoked protection 105 pursuant to Virginia Code § 2.2-4342. 106 107 iv.The Committee will inform each offeror of any adjustments necessary to make its 108 technical proposal fully compliant with the requirements of the RFP. In addition, the 109 City may require that offerors make design adjustments necessary to incorporate 110 project improvements and/or additional detail information identified by the 111 Committee. 112 113 v.Based on the adjustments made to the technical proposals, the offeror may amend 114 its financial proposal. In addition, an offeror may submit cost modifications to its 115 original sealed financial proposal which are not based upon revisions to the 116 technical proposal. 117 118 vi.The Committee shall evaluate and rank (if technical rankings are to be considered 119 as a criteria for award) the technical proposals. Should the City determine in writing 120 and in its sole discretion that only one offeror is fully qualified, or that one offeror is 121 clearly more highly qualified than the others under consideration, a contract maybe 122 negotiated and awarded to that offeror after approval of the Purchasing Agent. 123 Otherwise, the Purchasing Agent shall open the financial proposals and apply the 124 criteria for award as specified in the RFP. 125 126 vii.The Committee shall make its recommendation for the selection of a design builder 127 to the Purchasing Agent based on its evaluations of the technical and financial 128 proposals. The contract shall be awarded to the offeror who is fully qualified and 129 has been determined to have provided the best value in response to the RFP. 130 131 viii.The Committee will notify all offerors who submitted proposals which offeror was 132 selected for the project. The Notice of Intent to Award may be used to make this 133 notification. When the terms and conditions of multiple awards are so provided in 134 the RFP, awards may be made to more than one offeror. 135 136 ix.Upon request and in accordance with Virginia Code § 2.2-4342, documentation of 137 the process used for the final selection shall be made available to the unsuccessful 138 proposers. 139 140 2. Construction Management (CM) procurement method shall be a two-step 141 competitive negotiation process. The following procedures shall govern the selection, 142 evaluation and award of CM contracts: 143 144 a. Criteria for use of Construction Management (CM): CM contracts may be approved 145 for use on projects where: 1) fast tracking of construction is needed to meet City 146 program requirements, or 2) value engineering and/or constructability analyses 147 concurrent with design are required. 148 149 b. Approval for use: Prior to taking any action to pursue a CM project, the requesting 150 department or agencies shall request the approval of the Purchasing Agent to use a CM 151 contract. 152 153 c. Basis of award: The basis of the award of the contract shall be in accordance 154 with competitive negotiation for nonprofessional services and the criteria for the award 155 shall be submitted to the Purchasing Agent, in advance, for approval. It is noted that 156 cost is a critical component of the selection process. 157 158 d. Evaluation Committee; The City shall establish an Evaluation Committee 159 ("Committee") to be responsible for evaluating the qualifications of potential offerors of 160 CM and reviewing proposals submitted for such services. This Committee shall 161 consistent of a minimum of four (4) and a maximum of six (6) voting members. The 162 members of the Committee shall have expertise relevant to the project, with 163 backgrounds in such areas as project design, construction, finance, contract review, and 164 project management. The Committee shall be chaired by a licensed engineer or 165 architect. The membership of the Committee shall be determined by the City Engineer 166 or his designee. 167 168 e. Selection of Qualified Offerors (Step I -Request for Qualifications (RFQ): The City 169 shall conduct a prequalification process as follows to determine which offerors are 170 qualified to receive the Request for Proposal (RFP). 171 172 i. The City shall prepare a RFQ containing the City's facility requirements, building 173 and site criteria, site and survey data (if available), the criteria to be used to 174 evaluate RFQ Responses and other relevant information, including any unique 175 capabilities or qualifications that will be required of the contractor. All offerors shall 176 have a licensed Class "A" contractor registered in the Commonwealth of Virginia as 177 part of the Project team. 178 179 ii.The RFQ shall be posted in accordance with the current standards for the posting 180 of public bids in the Virginia Code and the relevant sections of the City Code. 181 182 iii. The Committee shall evaluate each responding firm's RFQ response and any 183 other relevant information and shall determine those deemed qualified with respect 184 to the criteria established for the project. 185 186 iv. The RFQ evaluation process shall result in a short list of two to five offerors to 187 receive the RFP. An offeror may be denied prequalification only as specified under 188 the Code of Virginia § 2.2-4317, but the short list shall also be based upon the RFQ 189 criteria. 190 v. At least thirty (30) days prior to the date established for the submission of 191 proposals, the City shall advise each offeror in writing as to whether that offeror has 192 been prequalified. In the event that an offeror is denied prequalification, the written 193 notice shall state the reasons for the denial of prequalification and the factual basis 194 for such reasons. Prequalified offerors that are not selected for the short list shall 195 likewise be provided the reasons for such decision. 196 197 f. Selection of a Construction Manager (Step II) -Request for Proposal (RFP): 198 199 i. The City shall send a RFP to the qualified offerors on the short list and request 200 submission of formal proposals from them. The criteria for award shall be included 201 in the RFP. 202 203 ii. Proposals as described in the RFP shall be submitted to the Purchasing Agent. 204 205 iii. The Committee will evaluate and rank the proposals. After evaluation and 206 ranking of the proposals, the Committee shall: 1) conduct negotiations with two or 207 more offerors submitting the highest ranked proposals, or 2) should the City 208 determine that only one offeror is full qualified or that one offeror is clearly more 209 highly qualified than the others under consideration, a contract may be negotiated 210 and awarded to that offeror. 211 212 iv. The Committee shall make its recommendation on the selection of a construction 213 manager to the Purchasing Agent based on its evaluation and negotiations. The 214 contract shall be awarded to the offeror who is fully qualified and has been 215 determined to have provided the best value in response to the RFP. 216 217 v. The Committee will notify all offerors who submitted proposals which offeror was 218 selected for the project. The Notice of Intent to Award may be used to make this 219 notification. When the terms and conditions of multiple awards are so provided in 220 the RFP, awards may be made to more than one offeror. 221 222 vi. Upon request, documentation of the process used for the final selection shall be 223 made available to the unsuccessful proposers. 224 225 g. Required CM Contract Terms: Any Guaranteed Maximum Price construction 226 management contract entered into by the City will contain provisions requiring that (1) 227 not more than 10% of the construction work (measured by cost of the work) will be 228 performed by the CM with its own forces and (2) that the remaining 90% (or more) of the 229 construction work will be performed by subcontractors of the CM which the CM must 230 procure by publicly advertised, competitive sealed bidding to the maximum extent 231 practicable. Additionally, the subcontracting shall comply with the City's DMBE-certified 232 small business enhancement program. Documentation shall be placed in the file 233 detailing the reasons any work is not procured by publicly advertised competitive sealed 234 bidding. The Purchasing Agent may modify these contractual requirements in whole or 235 in part for projects where it would be fiscally advantageous to the public to increase the 236 amount of construction work performed by the Construction Manager. 237 238 h. Guaranteed Maximum Price (GMP): The GMP shall be established at the 239 completion of the working drawings unless a waiver has been granted by the Purchasing 240 Agent. 241 242 i. One-Step Solicitation: The Purchasing Agent may approve cone-step solicitation 243 for a project, if adequate written justification is provided. 244 245 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 246 , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L7~~ Dept. of Finance/Purchasing I its. to ey's Office CA12308 R-1 June 14, 2012 ,.+ , For "~' s~~ ~~ _ ~s~ sy ~ ~f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds Resulting from the Fifth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception, and to Authorize a Donation to MACS Inc., the Global Studies and World Languages Academy at Tallwood High School, and the Friends of the Virginia Beach Library MEETING DATE: June 26, 2012 ^ Background: On May 4, 2012, the Virginia Beach Development Authority (the "Authority") and the Department of Economic Development (the "Department") hosted the fifth annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception at Virginia Beach National Golf Club. The event and reception coincided with the Commonwealth of Virginia's Business Appreciation Month, which is celebrated annually during May to recognize the invaluable contributions that Virginia Beach businesses make to support our excellent economy and high quality of life. Over 800 Virginia Beach business and industry executives, real estate agents, developers, brokers, architects, engineers, consultants (joined by members of the Authority and the Department) were invited to participate in this charitable fund-raising event wherein a portion of the private sector proceeds generated would be donated to three local charities or community enhancement organizations. These organizations provide services to the community. MACS, Inc. provides job skills for special needs adults. The Friends of the Virginia Beach Library and the Global Studies and World Languages Academy at Tallwood High School provide educational opportunities and instruction. This exciting event generated $15,000 for the benefit of the above referenced programs. ^ Considerations: Approval will allow the City to accept a check from the Authority and donate the funding received to the above charities for use within the City of Virginia Beach. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Recommendations: Approval of the ordinance to accept and appropriate $15,000 to be donated to the local charitable programs. Recommended Action: Approval Submitting DepartmentlAgency: Economic Development ~~~~~~ City Manage ~ , 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 RESULTING FROM THE FIFTH ANNUAL VIRGINIA BEACH 3 BUSINESS APPRECIATION CHARITY GOLF CLASSIC 4 AND NETWORKING RECEPTION, AND TO AUTHORIZE A 5 DONATION TO MACS INC., THE GLOBAL STUDIES AND 6 WORLD LANGUAGES ACADEMY AT TALLWOOD HIGH 7 SCHOOL, AND THE FRIENDS OF THE VIRGINIA BEACH 8 LIBRARY 9 10 WHEREAS, on May 14, 2012 ,the Virginia Beach Development Authority and the 11 Department of Economic Development hosted the fifth annual Virginia Beach Business 12 Appreciation Charity Golf Classic and Networking Reception at the Virginia Beach 13 National Golf Club, which generated $15,000 that can be donated to local charitable 14 programs. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA, THAT: 18 19 1. $15,000 is hereby accepted and appropriated, with local revenues increased 20 accordingly, to the FY 2012-13 Operating Budget of the Department of Economic 21 Development for purposes of donation to local charitable programs; and 22 23 2. The contributed funds will be donated to MAS Inc., The Global Studies and 24 World Languages Academy at Tallwood High School, and Friends of the Virginia Beach 25 Library, which are organizations that provide services to the citizens of the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT i~ Ma agement Services APPROVED AS TO LEGAL SUFFICIENCY: Cit ice CA12287 R-2 June 15, 2012 ~NV"BEt K ,.'..raw c~,9'~7 rr ~'_ fs C~ ~n ~ti•:v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate State Revenues, Transfer Funds, and Authorize Eight Deputy Sheriff Positions in the FY 2012-13 Operating Budget of the Sheriff's Office MEETING DATE: June 26, 2012 ^ Background: During FY 2009-10 & FY 2010-11, the State Compensation Board unfunded a total of 18 deputy sheriff positions within the City of Virginia Beach's Sheriff's Department. On May 24th, the Virginia State Compensation Board (SCB) released the approved FY 2012-13 SCB funding for the various sheriffs offices throughout the state. Included in the SCB's approved budget is an additional $248,592 in funding to restore eight of the previously unfunded positions. ^ Considerations: The State Compensation Board reimburses the Sheriff's Office for deputies' salaries up to $28,234 and a portion of fringe benefits. The difference is paid for by the City and is estimated to be $166,080 for these eight deputies in FY 2012- 13. If approved, the Sheriff Office overall FY 2012-13 position count will increase from 516.44 to 524.44. If approved, the amount remaining in the FY 2012-13 General Fund Reserve for Contingencies would be $1,068,572. ^ Public Information: Public information will be handled through the normal Council Agenda notification process. ^ Recommendations: Approve funding for the eight deputies. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Sheriff's Office City Manager: S ~ . ~~. 1 AN ORDINANCE TO APPROPRIATE STATE REVENUES, 2 TRANSFER FUNDS, AND AUTHORIZE EIGHT DEPUTY 3 SHERIFF POSITIONS IN THE FY 2012-13 OPERATING 4 BUDGET OF THE SHERIFF'S OFFICE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 10 11 12 13 14 15 16 17 18 19 20 1. $248,592 is hereby appropriated, with revenue from the State increased accordingly, to the FY 2012-13 Operating Budget of the Sheriff's Office to fund a portion of the salary and fringe benefit costs associated with eight Deputy Sheriff positions; 2. $166,080 is hereby transferred from the FY 2012-13 General Fund Reserve for Contingencies to the FY 2012-13 Operating Budget of the Sheriff's Office to fund a portion of the salary and fringe benefit costs associated with eight Deputy Sheriff positions; 3. The total number of positions (FTEs) in the Sheriff's Office is increased by eight full-time positions; and 4. The effective date of this ordinance is July 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Ma gement Services CA12312 R-1 June 13, 2012 Approved as to Legal Sufficiency: Se~'~",~8~1:~+'' 7 F ~. g'~"°'h.~S~y 2 CC~L~y CITY OF V4I'IRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funding within the FY 2012-13 Operating Budget of the Department of Economic Development and Authorize Two Full-Time Positions MEETING DATE: June 26, 2012 ^ Background: In the Adopted FY 2012-13 Operating Budget, City Council provided $250,000 to the Department of Economic Development (the "Department") for various prioritized initiatives to help diversify and grow the economy. City Council liaisons worked with the Department and the Virginia Beach Development Authority (the "Authority") to best target these funds based a list of eight initiatives that the Department previously presented to City Council. For reference, the list is attached to this item. The resulting recommendation is to fund the following three initiatives: International Development Office ($87,929); Business Development Representative I I ($92,198) - (1) Full-Time Equivalent (FTE) position; and Business Development Representative I ($69,873) - (1) FTE position. The total of these three initiatives is $250,000. Additionally, the Authority agreed to fund the Economic Gardening program ($45,000) with its own funds. The Business Development Representative II position will expand the Department's flexibility in pursuing projects and opportunities. An existing Business Development Representative II, who is funded solely out of capital project # 9-060, Oceana & Interfacility Traffic Area Conformity & Acquisition (APZ-1 project) will be transferred to the new position funded by the General Fund, which will enable her to manage the APZ- 1 project and program as well as work on other Economic Development projects. Currently, this existing staff member is restricted to working only on APZ-1 project related issues and tasks. Transfer of this existing staff member to the new position will leave one vacant FTE position funded from the APZ-1 project, which will be used to assist with APZ-1 program administration. The Business Development Representative I position will provide the necessary enhanced research, data collection, and marketing support so the Department can focus on target industries best suited for growth and job creation as identified in the 2012 Economic Development Strategy. This higher level of support will create business development opportunities and expedite economic development efforts in meeting the changing landscape of business. Research performed will include providing information to prospects, trade show/marketing mission follow-up, targeted industry research and analysis. The position will also provide support to existing staff through data and marketing condition analysis. By funding this position, the Department will reduce turnaround times to prospects and lessen encumbrances to existing marketing staff through assistance, follow-up, and research thus increasing their work efficiencies. ^ Considerations: Currently, the $250,000 provided by City Council is budgeted within the FY 2012-13 Operating Budget of the Department in an operating support account for contractual services. To fund the two positions discussed above and related support costs, $162,071 needs to be transferred within the Department as follows: Business Development Representative II, salary and fringe benefits $81,200, support costs $10,998; and Business Development Representative I, salary and fringe benefits $61,375 and support costs $8,498. Additionally, the Council needs to authorize the FTEs within the Department. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Recommendations: Approval of the attached ordinance. ^ Attachments: Ordinance; List of Economic Development Initiatives. Recommended Action: Approval. Submitting DepartmentlAg1ency: Economic Development City Manager: K-~~ 1 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE 2 FY 2012-13 OPERATING BUDGET OF THE DEPARTMENT 3 OF ECONOMIC DEVELOPMENT AND TO AUTHORIZE 4 TWO ADDITIONAL FULL-TIME POSITIONS 5 6 WHEREAS, in the Adopted FY 2012-13 Operating Budget, City Council provided 7 $250,000 to the Department of Economic Development (the "Department") for various 8 prioritized initiatives to help diversify and grow the economy; and 9 10 WHEREAS, City Council liaisons worked with the Department and the Virginia 11 Beach Development Authority to best target the use of the Council funding, and 12 recommended the funding be used to establish an International Development Office, 13 and add two full-time positions to the Department of Economic Development; and 14 15 WHEREAS, of the $250,000 provided by Council, $87,929 is budgeted in the FY 16 2012-13 Operating Budget of the Department of Economic Development in the 17 appropriate spending account to establish an International Development Office. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA, THAT: 21 22 (1) Two full-time equivalent ("FTE") positions are hereby added to the FY 2012-13 23 Operating Budget of the Department of Economic Development, including one 24 (1) Business Development Representative I I, and one (1) Business Development 25 Representative I; and 26 27 (2) $162,071 is hereby transferred within the FY 2012-13 Operating Budget of the 28 Department of Economic Development to fund the salaries, fringe benefits and 29 support costs of these two additional positions. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. 30 APPROVED AS TO CONTENT: APPOBOVED AS.TO LEGAL SUFFICIENCY: Ma agement Services City ffice CA12310 R-1 June 13, 2012 ~ ~ O ~ ~ +J ~ ~ N L O v~ `~ x0 ~ C l10 Q ~ O O f0 L ~ M N lfl ~ ~ ~ O N f6 N O" +-+ C 41 U ~ V ~ ~ ~ +., ~ ~ Cd C t .N • ~ 'L ~ t_p C ~ O _ ~ ~ Q dA a -+ ~ 'O >- d' N ~ ~ ~ L ~ 41 ~ N ~ ~ ~ N Y ca ~ ~ C i ~ ~ O _ ~ 3 ' V +- O + , N W 3 .~ N ~ ~' ~ 'Q L7 v L Q ~ ~ N O L Q ~ ~ O vi U~ N p C O .Y U v M 4J ~ N O N~~ O O O UA O ~ ~ N~ _ ~ ~ N O ~ O '~ +_~ v • Q1 O Q O +., p . ~ CD 'O +, + C 00 + L ~ ~ ~ L ~ ~ ULA . O ~ ~ O , ~ C ~^ 0 d - M C O > Q ~ bA ~ hA ~ O C +~-+ ~ ~ +-' O Q- N Q ~ O A ~ 7 ~ ~ N O ~' - ~, Q C W -O N U ~ O v- ~ ~ ,L cB ' ' ~ +~ }+ N N of v O +~.+ vii ~ ~ ca vi N v ~ ~ •`~ y ~ to _ ~ ~~ ~ Q N . U , "_ v ' ~ '^ ~ O ~ -p bA v 0 U O L O ~ 0 0 L C + O ' C • +r L 4J (~ .O Q1 L ~ ~ N N C ~ ~ ~ U O O_ (a O ~n ~ ~ O1 p ~ ~ Q Y C ~ 4J U O > QJ ~ ~ +-+ O >. O ~ ~ 4J ~ I- ~ N 4! N ~ ~ d' ~ _ Q (0 N ~ N i-- ~ "O +-~ v L tD O 4J L O p v 'O ~ C ~ ~ ~ ~ ~ O ~ ~ 4! u ~ 3 O cn ~ ~ O v O 1-- ~ ~ ~'' U 'L L ~ v ~ + p pU ~ ~ ~ '~ C ~ ^>' t0 L hA 41 ~ V7 N O ~ ~C N ~ 'O O ~ ~ - W is O p ca ~ ~ ~ U '`~' ~ ~ 'Q N O co m ^ O N ~ ~ , L +J 4J "6 ~ ~ O O O ~ O ~I ~ ~n ~ M O ~ ,F O O v> ~ +~ ~ - dJ ~ c 6 ~ ~ ~ ~ V/ ~.J C '+_~ 4J A U 4J ~ v~ GJ (0 ~ v O O N O L -° ca N v ~ a-+ '''' O L O O ca Q '° p ° O ~~ N ~ ~ • ~ ~ O U ~ O ~ ~A O f6 -p Z C1 l6 3 N >~ 'O N ~ U O ~ ;"' 4J ~ +-+ ~ S . L Q ~ ++ 3 U O ' X OU ~ 4J ~ ~ 4J J (~ '~'~ ~ l E ~ 7 m ~ 7 ~ ~ O .~ ~ L ~ _~ ~ ~ ~ 01 N ~ ~ CO t1A ~ 07 ~ ~ ~ ~_ U (B O 4J f6 ~ ~ T W O U N O O p~ O 'O .~ N t ~ ~ ~ ~ +~., c6 a1 O v O ;+_ `^ ~ ''"' ~ l Q1 C N N !.~ • N Q1 41 ~ v ~ . f, ~.., 4 ~ a1 C +-+ +' ~ ~ ~ >, C D +.+ N O U t +' O L "- ~ 4J ~ ,~ O ~ L ~ 1 , N ,_ J M l E ~ O - ~ '- a._, U O U > `^ -p O v N v N -p ~ O ~ a v- U ~ vi v v~ U ~ ~ ~ ~ ~ ++ ~ ~n v~ p O ~ O C O O O ~ ~ C ~v- ~ _p ~ O O 3 'a -O a ~ ~ ~ O ?, } ' O -O C O Q1 O > ~ ~ Q Gl O a-+ V ~ ~ ~ _ • N ~ ~ >• 4J 1 •V C 'O O _ N co ~ ~ ~ ~ ~ O _ O L U 3 L N ~ e-1 ~ ~ O N .N i-i 4- L O ~ ~ W QI >` LS L ~ N ~ O ~ Q ~ ~ f6 L fl- v~ O .r., G1 4J X ~ ' ~qQ +, O . ++ t a. +-~ i N N ~-~ ~ N O • O ~ O cn O av+ N a--+ >- V O N i L C {A ~ I N ~ L I- I ~ b0 ~ O N (O ~p U hA j =~ Q" O M by O fC O •v v~ O ~ ~ O ~ v- O ~ N~ O ~ ,L O ~ ~ ~ ~ ,~ Q, ~ ~ U ~ ~ Q. ~ ~ QJ ~ ~ ~ •U Q O ~ -O ~ ~O O -O .L 'Cl O ,n ,~ .~ ~ 0 ~ O N O O ~ ~ O O ~ O 3 ~ O O ~ O O (, O O ~ f6 N ~ ~ ~ rv ~ ~ ~ ~, U v + a c6 41 " cn O ~ ~ 4D O F- W W O +~ u ~ ,,.~ ~ }, ~ > `^ Q ~ O ° " a`o S vOi v 3 L + ~ vi °' ~ e ~ . OJ ~ L -a i o ~ ;} ~ _ ra ^ v O U n o ~ ~ ' 3 O ~ O 0 0 +~ U O ~ ~ c ~ Q vi } L .C ~ .V in ~ O O v >- . V N -p ;+_ U . -~ t~ 4J ~ N ~ c L ca un o ai N~ 4J C p[ .~ S O N f0 N ~~ N cv ~ ~ = V ~ ~ N O~ ~ ~ O .v _ s O 0 L .~ a + + i, U Q U '~'~ M 'O ~ ~ p • N S ~ U ro b.0 O ~[ f4 cn ~ ~ S • +J G L O ~ C O N 'O `i' w C 41 ~' C c dA ~ to ~ }' ++ ~ N 0 O ~ N L dA to L ~ ~ ~ ~ ~ C ~ • ~ ~ ~ •~ ~ ^ ca C -O O_ •N v ~ aA m •~ V ~ .~ 4J ~ N ,~ O1 ~ N ~ O O ~ p Q ~ .O O ~ ~ O 00 O ~ ~ -p ~ .O v ~ °..,' ~ z ~' ~ ca • _ ~ ~ ' ~ ~ O Q U ' ~ O Q1 O V O ~ ~ V O~~ ~ J ~ O ~ v - O ~ 4- ~ {r ~ 3 m L ~ (D ++ O m ~ + = ~ '}, dA •~ 'a'' N ~ ~ i ~ I- Vf v W 4J ~ to vi ~ O 'a ~ ~ N O 4J >, +-+ (~ Q N to C i ~ O f0 ~_ O ~ L Y E i /1• ~ ,~ N v > 3~ v c = co L ao 3 E m u ~ ~; v ~ v .`-' ~ •~ ~• u +' f~ O f0 = ~ 3 Vf O N ~ ~ C ' ~ O ~ ~ O •C 'O L vi -O O O m ULA ~ O L ~ v 'O ~ "O L (' ~ O ~ ~ ~ p L ~ ~ ca N L ~ ~ ++ m m L ~ W w a O ca H ~ ca a Q U 2i m hA t/7 v ~ ra ~.. +~ L. PLANNING Application of FRED NEELEY for a Conditional Use Permit (residential kennel) at 2732 Alameda Drive. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 2. Application of BASILEIA EMPOWERING MINISTRIES/GREGORY MEYERS for a Conditional Use Permit re child care at 1547 Amberley Forest Drive DISTRICT 2 -KEMPSVILLE RECOMMENDATION APPROVAL Application of MADELINE F. BAILEY TRUST for a Conditional Use Permit re an automotive repair garage, transmission shop and existing automotive repair at 176- 180 Mac Street DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 4. Application of STIHL, INCORPORATED for a Conditional Use Permit to install a wind energy system at 536 Viking Drive DISTRICT 6 -BEACH RECOMMENDATION APPROVAL Application of JAMES KENNEDY VI/DAVID D. KENNEDY for a Conditional Use Permit re a home occupation -sale of firearms, gunsmithing, assembly, accurizing, parts and service at 3505 Byrne Brae Drive DISTRICT 2 -KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of REAL INVESTMENT ASSOCIATES, INC./WILLIAM HENRY SAWYER for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural to Conditional R-10 Residential re developing asingle-family residential development at 2283 Princess Anne Road DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 7. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-7.5 Residential and H-1 Hotel to P-1 Preservation to construct a two-story facility with improvements to parking, circulation, stormwater and site amenities at Bow Creek Recreation Center, 3427 Club House Road DISTRICT 3 -ROSE HALL RECOMMENDATION APPROVAL rfs .u h cr NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, June 26, 2012, at 6:00 p.m., at which time the following applications will be heard: PRINCESS ANNE DISTRICT FRED NEELEY Application: Conditional Use Permit (residential kennel) at 2732 Alameda Drive (GPIN 1493170450). REAL INVESTMENT ASSOCIATES, INC./WILLIAM HENRY SAWYER Application: r'han2e of Zoning District Classification from AG-1 and AG-2 Agricultural to Conditional R-10 Residential at 2283 Princess Anne Road (GPIN 2404720705). Comprehensive Plan - Transition Area. Proposed Use: single-family residential 1 d.u./acre. KEMPSVILLE DISTRICT BASILEIA EMPOWERING MINISTRIES/GREGORY MEYERS Application: Cnndirinnal Use Permit for child care at 1547 Amberley Forest Drive (GPIN 1485273852). JAMES KENNEDY VI/DAVID D. KENNEDY Application: Conditional Use Permit for a home occupation - Sales (f rearms) at 3505 Byrn Brae Drive (GPIN 1446992519). ROSE HALL DISTRICT CITY OF VIRGINIA BEACH Application: ('hang of Zoning District Classification from R-7.5 Residential and H-1 Hotel to P-1 Preservation at 3427 Club House Road (GPIN 1486881482; 1486788331; 1486789601). BAYSIDE DISTRICT MADELINE F. BAILEY TRUST Application: Conditional Use Permit for automobile sales and service at 176-180 Mac Street (GPIN 1467931171). BEACH DISTRICT STIHL, INCORPORATED Application: Conditional Use Permit for a wind energy system at 536 Viking Drive (GPIN 1496568967). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htin•//www vb>rov.com/oc Far information call 385-0621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303. BEACON JUNE 10 & 17, 2012 23056469 Z a `W~ V Ifr a, C C .~, .~, H 4 V C oa h i= w ~ w O G N O ~ ~a ~ o =c 0 U ,~ O 3 0 o~ ca d N `0 i ~/ J f 0~ HU ~yty7 ~r t3 ;~ ~3 `~~; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FRED NEELEY, Conditional Use Permit (residential kennel), 2732 Alameda Drive (GPIN 1493170450). PRINCESS ANNE DISTRICT. MEETING DATE: June 26, 2012 ^ Background: The applicant owns four small Papillion dogs. The applicant desires to add one additional Papillion; however, the Zoning Ordinance allows only four dogs by- right. To have more than four dogs, a Conditional Use Permit fora `residential kennel' must be obtained from the City Council. Accordingly, the applicant is requesting this Use Permit. ^ Considerations: The dogs are kept inside the house, with the exception of those few times when it is necessary for the dogs to be outside. The applicant notes in the description of the proposal submitted with the application, that the time in the backyard will occur approximately every 90 minutes for 5 to 10 minutes. The applicant's backyard is enclosed by a fence along the perimeter of the property. The dogs are `crate-trained,' which means they stay in their crates at night or if no one is home. The applicant's request for one additional Papillion dog to his current four dogs is acceptable. The standards provided in Section 223 for Residential Kennels are as follows: Except where animals are kept in soundproof, air-conditioned buildings, no structure or area occupied by such animals, whether in animal hospitals, pounds, shelters, commercial or residential kennels, shall be within one hundred (100) feet of the property line of any adjacent lot. At least one (1) off- street parking space per four hundred (400) square feet of floor area shall be provided. However, in residential kennels, this off-street parking requirement shall not apply but shall be as specified in the conditional use permit. The applicant's request meets these standards, as the dogs are kept in the applicant's air-conditioned home, except as necessary to go into the backyard. Accordingly, the requirement that the 'kennel' be located 100 feet from adjacent property lines is not applicable. In regard to parking, staff finds no reason to require additional parking, as the dogs are the applicant's pets rather than dogs being raised for sale. Finally, staff has received no complaints pertaining to the Fred Neely Page2of2 dogs at the subject site, and staff does not find that the addition of one more dog will result in any change in that regard. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1. No more than five adult dogs (over six months of age) shall be kept on the property at any one time. 2. The dog litter shall be picked up and disposed of on a daily basis. 3. The applicant shall maintain the dogs in a current status on all required vaccinations and shall properly license the dogs through the City of Virginia Beach. 4. Parking as required by Section 223 of the City Zoning Ordinance is satisfied by the existing parking spaces located on the property. No additional parking is required. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S ~ ~~~~ RINCESS ANNE ~, ~ PDFTiR ~ f' 1' ~ __ _ , . - ,- - , ~ ~. ~ =~ ~_ ~oH dBld r reti tvee ~1. ~~ ` . n : ~, ..__ ~-~ ~ ,~ - --` . ~~ ITA `~~ '~bS~r~ ~Pdi~ ~ ~= ~~, AGi I (` ,,~ - ~ ~- ~. z .in c.~mw..r,dr..., on.. CUP • Residential Kennel s..r'~,~xa.wrawz o...w. ~PpHt ~'\ a-bwrlKary Lent an. REQUEST: Conditional Use Permit (Residential Kennel) ADDRESS /DESCRIPTION: 2732 Alameda Drive 13 June 13, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: FRED NEELY STAFF PLANNER: Stephen White GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14931704500000 PRINCESS ANNE 12,000 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant owns four small Papillion dogs. The applicant desires to add one additional Papillion; however, the Zoning Ordinance allows only four dogs by-right. To have more than four dogs, a Conditional Use Permit fora 'residential kennel' must be obtained from the City Council. Accordingly, the applicant is requesting this Use Permit. The dogs are kept inside the house, with the exception of those few times when it is necessary for the dogs to be outside. The applicant notes in the description of the proposal submitted with the application, that the time in the backyard will occur approximately every 90 minutes for 5 to 10 minutes. The applicant's backyard is enclosed by a fence along the perimeter of the property. The dogs are 'crate- trained,' which means they stay in their crates at night or if no one is home. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-Family dwelling FRED NEELY Agenda Item 13 Page 1 SURROUNDING LAND North: Stormwater Management Facility (lake) / PD-H1 Planned USE AND ZONING: Development District South: • Alameda Drive • Single-Family dwelling / PD-H1 Planned Development District East: • Single-Family dwelling / PD-H1 Planned Development District West: Single-Family dwelling / PD-H1 Planned Development District NATURAL RESOURCE AND The site is developed with asingle-family dwelling and a grassed yard. CULTURAL FEATURES: There are no known significant natural resources or cultural features on the site. COMPREHENSIVE PLAN: The applicant's property is part of the Courthouse Estates community, which is located in the Transition Area. Courthouse Estates is atypical of the general character of the Transition Area, as the zoning for the neighborhood occurred prior to the establishment of the Green Line. Thus, the land use characteristics of this neighborhood are more consistent with the Suburban Area of the city than with the characteristics of the Transition Area. Application of either the Transition Area policies and design guidance or the Suburban Area policies and design guidance indicates that the addition of one additional dog to the applicant's four dogs is consistent with the policies and design guidance of the Comprehensive Plan. CITY SERVICES There are no impacts on the provision of City services beyond those normally expected as a result of the applicant's request. EVALUATION AND RECOMMENDATION The applicant's request for one additional Papillion dog to his current four dogs is acceptable. The standards provided in Section 223 for Residential Kennels are as follows: Except where animals are kept in soundproof, air-conditioned buildings, no structure or area occupied by such animals, whether in animal hospitals, pounds, shelters, commercial or residential kennels, shall be within one hundred (100) feet of the property line of any adjacent lot. At least one (1)off-street parking space per four hundred (400) square feet of floor area shall be provided. However, in residential kennels, this off-street parking requirement shall not apply but shall be as specified in the conditional use permit. The applicant's request meets these standards, as the dogs are kept in the applicant's air-conditioned home, except as necessary to go into the backyard. Accordingly, the requirement that the 'kennel' be located 100 feet from adjacent property lines is not applicable. In regard to parking, staff finds no reason to require additional parking, as the dogs are the applicant's pets rather than dogs being raised for sale. Finally, staff has received no complaints pertaining to the dogs at the subject site, and staff does not find that the addition of one more dog will result in any change in that regard. ~.fRED NEELY Agenda Item 13 Page 2 In sum, staff recommends approval of the Use Permit subject to the conditions listed below. CONDITIONS 1. No more than five adult dogs (over six months of age) shall be kept on the property at any one time. 2. The dog litter shall be picked up and disposed of on a daily basis. 3. The applicant shall maintain the dogs in a current status on all required vaccinations and shall properly license the dogs through the City of Virginia Beach. 4. Parking as required by Section 223 of the City Zoning Ordinance is satisfied by the existing parking spaces located on the property. No additional parking is required. 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. FRED NEELY Agenda Item 13 Page 3 Pictometry J < ~ ~ E) v ~ yl `~~~ `~ ~1-'! j '~i .11r Y AERIAL OF SITE LOCATION FRED NEELY '~ Agenda Item 13 Page 4 JANUARY 6,1998 Ihi+u lO LerlilT lhAl 1, On -____ __ tAL~r,Lb(be properlT Shown on lhh plJl. Awd lhAl the silk Fne. And the wNl+ Di the buddin{+ Arr Ae +ADwn on Ihi+ plat. 1tV `. the ~buildin{+ +IAnd +Lr is IIT within Ihr Iillr I,nr+ r Q?e are nu en<.o en1+ of arlhrr buildiP{J on the proprr:r. ruep, a++huwn. ~ n Si{wed:. ~~~~L CJAgfif _.__ Tj1171'~- IA ~qr0 tUe~ ` {~ II COMMON AREA 12 5 69' - 36' - 31• E 79. 42' IB'LARE ACCE66 ANO 9„ NAw TENANCE Ea SEMENT ~ I~AW'ENANCE EASEIAENT ~-~~4 tea; \C Z I Ipb[• b =~• a D N m ST CROpL A 33 $ ~0 o rN n ,lp +. ~I b u •~ YM1_TO ~ ri ~raa~ TAJ•1- y ~ u I IzJ:• ~ a.o• m S 9' \ 1` K n) R V L•26. 71' r.v a6. 69' I R^566. 57' S 69'-Jfi'-31' E ALAMEDA teal DRIVE I~N .. ~_W W I~ V W I° u vj G O_ , Q ~ W O ~ C i a I n -~ 731. 60' CA TAWBA PDT[! LOT SEMEO EY CITY SEWED An0 xAIEP EIEV pilEO b1 U 1< A1O G DATIM t 6 1H! SlE LES M1Hn SWCPAiT PdSE ]O'IE M i L EnT3 T . ! LOT GRPO1'IG Dn TMS RAP U M GcCEl yyy pE luOJECT TO NRCPAF yol~ SBDYE avEPaDE nPSL LC VELS DUE PCCOrOAPCE xlTn LATEST SIbdVWON CDnSTRUCTRYI PLNa 1,lMTTED TO ArU I-ET.y1 C TO It1 PROMnTT lD avAORI ORERPTIp11. n0.TE p11fnUR11On PEnlUPES TOR nEx CdllT aRE n A/TIIOVEO pY CRY En WEEP ~. LOxElT FM ROOF ELEV. Sr10MR V ~~~ „ PCCOPOPPCE xllH lME n11PORT Iap3E nlTE,rUaTIC11 W S#T1 OIUfW1EL MO IEIGTT a1E fO01 aDOVE gOYP. RArI <! ADOPTED pt Tr£ CITY aF Ys .EACH ~STWCTIDnJ PPV[ pE[P M'OYO W ACCOIOMC[ TH JECTgn 2D4Ip1 CF TeE Cfl'Y IOI~i OPOtWKE S IT 8l1nLL fE T,f gf9Ponl9LITT OF B. LOT~AEAALI9% ~ F . DUT.GE IATOI 1WM TIE CLEPi/OULDEP TO VERFT TIWT TE pUEDnc KM D-EPJIDP! AIE N AN It P ' uy. KTLAf0.t 9. J 1TKE9 19' l!Llfl1 Am +IARLLS NAl YnTn THS SITE L PGREFAE SrWLL ALSO fE TIE CLEni,&ALDEP ~ VLEAlfPEnl 11OT SNDn pV TNE AECOIOED RAT. 35 IROPERiT APPEAR! TO F4.L KYE 20PE E OUTSA'fE [OO1R ROOD nJ Aq'RII Olr MTICl1Al fLOaD pISMMCE PRpGPAM IAAP FM CRY V V4 ~ACR Rc J. 1996 CDPM n0 S113A OOSSE SITE PLAN OF LOT 34, SUBDIVISION OF PARCEL 2A, COURTHOUSE ESTATES, PHASE 2, SECTION M-4 FOR ,a •.zrE.F.ls-m, SIGNATURE HOMES7 LLC PRINCESS ANNE BOROUGH -VIRGINIA BEACH, VIRGINIA SCALE ~ 1' 30' JANUARY 6, 1896 JOHN E. SIRINE AND ASSOCIATES, LTD. SURVEYORS • ENGINEERS PLANNERS VIRGINIA BEACH, VIRGINIA GPW 199J-17.0450 JO 67, 567 SITE PLAN ~P tED NEELY '~ ;nda Item 13 ;~ Page 5 k~ Q ~. ~, ~ ' _. ~~ *~ K 'IR' Ci J :t N F.~ . ~, . „x '~. ~ r-~' PRINCESS ANNE ~Iap H-13 ~ 1'~.~~~ ~ ~el~~ 1:-fap i to Sca.~ ~_ : pL~ ~ Q H~ * ~ PD~1 * >/ • ~ ~ C / ~- ~L/C LOOP PL ~ O ^ ,-~ • .. - '. ~___.. _ I ~ ~. i Q ~~, t :- 70-75 _ `~ r __ dB Ldo : -~'~ ~~ .,__ ~~ ,~, ~ _~_. . ~~ C ~i ~ I -~ AG1 - R _ ~~~. r ~`-` -y. ITA : r~ - - ~ - ~~, ~ ~d ~ r- , t- ~ ~ ~ ,_ ~~ ~ g ~ °, • - r _ - ~ l ~t 1~ ~ r y ~ /L{/VANNA GR L~_ ~ f ~ ~~~~, AG1 ~ J ~fi ,_ i' 1 * sr 'Zoning with CondiiionsiPmlfers,Open CUP- Residential Kennel Space Promotion or PDH-2 Overlays ITA-lnter/acility hal/ic Area ZONING HISTORY There has been no recent zoning activity in the area. The area, however, was designated as part of the Interfacilit Traffic Area ITA in 2005. ,tip",. _ FRED NEELY `~ Agenda Item 13 Y 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. below: (Attach list if necessary) ,~A Fr~~~~: ck Cr~l/+~ ~el~ 2. List all businesses that have aparent-subsidiary' or affil ated business entity2 relationship with the applicant: (Attach list if necessary) ~~ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) f~ ~ ~ ~ G 'C A \ tJ ~ LE 2. List all businesses that have aparent-subsidiary' or affilia ed business entity2 relationship with the applicant: (Attach list if necessary) ~/A ® Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See neM page for footnotes Does an official or e~oyee of~City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? ~l~ (`.OndlNOnal Use Permit Appliption Page 9 of 10 Revised 7!3/2007 O .-a W W cn Z O E-~ A z 0 V DISCLOSURE STATEMENT FRED NEELY Agenda Item 13 Page 7 O a I-~ W cn i~- Z ~.-~ H r-•-~ A z 0 V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ~L`~~1~- 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Leal Govemment Conflict of Interests Act, Va. Code § 2.2-3101. s 'Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interes! in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a cbse 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. 1 understand that, upon receipt of notification (postcerd) 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 sdleduled public hearing according to the instnx:tions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to ~photog/raph and view the site for purposes of processing and evaluating this application/. ~n~.~c~,~f'L ~~t.. ~~~ 1-r'P~F.r.~~t Cc~l~/a~n NL~G(Jk Applicant's Signature Print Name ,v A Property Owner's Signature ('rf different than applicant) Print Name Condfional Use Perrnil Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT .FRED NEELY Agenda Item 13 Page 8 Item # 13 Fred Neely Conditional Use Permit 2732 Alameda Drive District 7 Princess Anne June 13, 2012 CONSENT An application of Fred Neely for a Conditional Use Permit for a residential kennel on property located at 2732 Alameda Drive, District 7, Princess Anne. GPIN: 14931704500000. CONDITIONS i. No more than five adult dogs (over six months of age) shall be kept on the property at any one time. 2. The dog litter shall be picked up and disposed of on a daily basis. 3. The applicant shall maintain the dogs in a current status on all required vaccinations and shall properly license the dogs through the City of Virginia Beach. a. Parking as required by Section 223 of the City Zoning Ordinance is satisfied by the existing parking spaces located on the property. No additional parking is required. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site Item # 13 Fred Neely Page 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSHI RUSSO THORNTON AYE 9 AYE AYE AYE AYE AYE AYE AYE AYE AYE ABSENT NAY 0 ABS 0 ABSENT 2 ABSENT By a vote of 9-0, the Commission approved item 13 by consent. Fred Neely, the applicant, appeared before the Commission. W J J ~' c ~' W~ N~ Z W~ V~ i V r V j V Nu'~ O~ 6 )~ r~ ~3 ~' s~ iae --_ ~t Z +J' i~~~;i' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BASILEIA EMPOWERING MINISTRIES/GREGORY MEYERS, Conditional Use Permit, child care, 1547 Amberley Forest Drive (GPIN 1485273852). CENTERVILLE DISTRICT. MEETING DATE: June 26, 2012 ^ Background: The applicant requests a Conditional Use Permit to allow the use of one of the units in the existing building for childcare. The applicant currently occupies 2,200 square feet of the building. ^ Considerations: The applicant plans to care for 25 to 30 children, ages six weeks old to four years old. Hours of operation will be Monday through Friday from 6:00 a.m. to 6:30 p.m. There will be six to eight employees on the site. There are no changes planned to the building and site except for a fenced play area along the side and rear of the building. The proposed child care use within the existing building is consistent with the land use policies set forth in the Comprehensive Plan for the Suburban Area, and will provide a convenient service to the surrounding neighborhood areas. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following condition: The applicant shall obtain all necessary permits and inspections from the Permits and Inspections division of the Planning Department, the Fire Department, and the Department of Social Services before operation of the facility and a business license is issued. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . ~~, C:ENTERVI~LE nwRF9,o Basileia Em ~o~cerin Ministries ~_ ~, .~ ~.: ~'~ i~~ _,. \~ ,; ~~ ` ~ - _ PDH1~~ ~~ _ ~ ~ ~' ~ ~~\ -1 ~r-~ ~ •i RDH9'~ CUC- /or C6Jldcare REQUEST: Conditional Use Permit (Childcare) ADDRESS /DESCRIPTION: 1547 Amberley Forest Road 7 June 13, 2012 Public Hearing APPLICANT: BASILEIA EMPOWERING MINISTRIES PROPERTY OWNER: CONNEMARA ASSOCIATES, LLC STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14852738520000 CENTERVILLE 1.082 acres (Unit size Less than 65 dB DNL 2,200 square feet) The applicant requests a Conditional Use Permit to allow the SUMMARY OF REQUEST use of one of the units in the existing building for childcare. The applicant currently occupies 2,200 square feet of the building. The applicant plans to care for 25-30 children, ages six weeks old to four years old. Hours of operation will be Monday through Friday from 6:00 am to 6:30 pm. There will be six to eight employees on the site. There are no changes planned to the building and site except for a fenced play area along the side and rear of the building. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is occupied with a one story masonry office building, 62 parking spaces, and landscaped areas. The site is located in the Green Run subdivision. SURROUNDING LAND North: . Lynnhaven Parkway USE AND ZONING: . Across Lynnhaven Parkway is residential / PDH-1 Planned Unit BASILEIA EMPOWERING MINISTRIES Agenda Item 7 Page 1 Development South: • Northtree Place • Across Northtree Place is residential /PDH-1 Planned Unit Development East: Residential /PDH-1 Planned Unit Development West: • Amberley Forest Road • Residential /PDH-1 Planned Unit Development NATURAL RESOURCE AND The majority of the site is developed with a building and parking lot. CULTURAL FEATURES: There are no significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being within the 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. The plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of 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. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Lynnhaven Parkway is a four lane urban major arterial. This segment of roadway will eventually be six lanes according to the Master Transportation Plan Major Street Network Ultimate Rights-of-Way although there are no roadway CIP projects on this segment. Amberley Forest Road is not named in the Master Transportation Plan and has no CIP project. TRAFFIC: Street Name present Volume present Capacity Generated Traffic Lynnhaven There are no 27,300 ADT Existing Land Use - 300 Parkway traffic count ADT (19 AM Peak Hour; 32 stations PM Peak Hour) between Proposed Land Use s-132 Princess Anne Weekday ADT (25 AM and S. Peak Hour; 25 PM Peak Independence Hour) Roads Average Daily Trips ~ as defined by an 8,400 square feet medical office and church building s as defined b childcare for 30 children WATER and SEWER: This site is connected to City water and sewer. FIRE: The applicant shall obtain a Certificate of Occupancy for the change of use from the Permits ~rtd BASILEIA EMPOWERIN~3 MINISTRIES 4': . _. `Agenda .Item 7 Page 2 Inspections division of the Planning Department. SCHOOLS: School populations are not affected by the use. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the condition below. The proposed child care use within the existing building is generally consistent with the land use policies set forth in the Comprehensive Plan for the Suburban Area, and will provide a convenient service to the surrounding neighborhood areas. CONDITION The applicant shall obtain all necessary permits and inspections from the Permits and Inspections division of the Planning Department, the Fire Department, and the Department of Social Services before operation of the facility and a business license is issued. 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 Oft'rce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. BASILEIA EMPOWERING MINISTRIES Agenda Item 7 Page 3 ~, ~ Ems:' ; ,;,`•- ;~ , ..~ AERIAL OF SITE LOCATION r:j~ BASILEIA EMPOWERING MINISTI Agenda Its P~ S I 7 '~ 4 ~~' _s, C~ '~Irc NQT ~'~, THffi LS TO CERTIFY THAT 1, ON FEB. 23, 2012, SURVEYED THE PROPERTY SHOIIN REASON AND THAT THE TITLE LINES AND PHYSICAL D~ROVEIIENTS ARE AS SHO1/N HEREON. THE IMPROVEI~LENTS STAND STRICTLY 1RTHUd THE TITLE LINES AND THERE ARE NO ENCROA~~GI~jdTS OF OTHER BUILDIIVGS EXCEPT AS SHORN. SIGNED: ~~^+*~'~ ~ NOTES: 1) THE PROPERTY SHOWN HEREON APPEARS TO l1E 91 'x' FL000 20NE (AREA DETERMINED TO LIE ABOVE 5O0-YEAR FLOODPWN) ACCOROMG TO f.EM.A. MM PANEL N0. 515537-0111f, REMSEO NAY 4, 2009. 2) THIS SURVEY WAS PERFORMED W17HOUT Tiff BENffIT OF A TITLE REPORT, AND MAY NOT SHOW ANY/ALL EASEMENTS AFFECTING THE PROPERTY. L YNNHA I~FN PARKWAY (90' R/WJ 'A a R=20.00' ... ..... ..-..-•-..- 1=31.42' '•''S 71'28'34' E~'~'~'''''169.OD'~'='~'''="•'•'•''~'~'-.. FLAG PARCEL A Si GREENBELT PaE ~a'' D-3 I n ^^ I:I ^• ~ ~ u,:r \~'~ LOT 1 s 1 STORY ~ ~ MASOF; 15~7~~ w p n ~ 17.3. f a ~ r a >; ~ w' N 1D.D' b • ~~ LOT 17 I~ 3 W ASPfiAIT N ~ n )` ~ 1L1 N W Q LOT 18 ~(~ TEL R=10.00 •.. ....•..... •'7T '3~4 jy' .......;1~9;Q0`:: • ....•.... . L=15J1' NORTN7REE PLACE (50' R/WJ sTDRM MH PHYSICAL SURVEY OF PARCEL A PLAT OF PARCEL A t~ ~ GREEN RUN PUD SUBDIVISION SECTION D-3, PART 5 ~1a VIRGINIA BEACH, VIRGINIA ° w'~ M' FIOLAiES y uc. Na110J GATE: FEB. 23, 2012 FOR p NoT~E FOR cu sEE GREGORY MEYER 0!/000d~ M.B.i29 PG.e WARD M. HOLMES ~- L-L3YL vA. BEACH, vti LAND SURVEYOR, P.C. "~D 9225 GRANNY STREET NORFOLK, VIRGINIA 23503 DRAWN BY: OMH 767-480-1290 PROJECT N0. 12-132 BASILEIA EM `~•'~, ~ ~~~ ' ~ ~~ Agenda Item 7 .~ Page 5 ~~ ~ j l~ ~, y.,F .~.l~ y Existing site IG MINISTRIES ZONING HISTORY This area of Green Run is a stable residential neighborhood. The land area occupied by Green Run was originally zoned PD-H1 Planned Unit development in 1965 with modifications to the land use plan approved 1971 and 1974. ~ rG~;.}lA, B~ 1~,~ BASILEIA EMPOWERING MINISTRIES ';%~ Agenda Item 7 „4 Page 6 ~ ~ k~i r ,` vus DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. list the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach fist if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list it necessary) Check here if the applicant is NOT a corporation, partnership, firth, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is d+lferent from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) C ~g Co.tire ~ A-sYn4;,~f~a e-ic I ~renc.~ /11~j~/ 2. list all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applignt: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8, See neat page for footnotes Does an official or employee of~ity of Virginia Beach have an interest in the subject land? Yes ~ No If yes, what is the name of the offiaal or employee and the nature of their interest? z 0 w a w z 0 0 V DISCLOSURE STATEMENT BASILEIA EMPOWERING MINISTRIES Agenda Item 7 Page 7 Z O ~-.. a W W O ~-.. O DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List aB known contractors tx 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 'rf necessary) ' "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power o1 another corporation." See State and Local Govemment Conflict of Interests Ad, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent- subsidiary relationship, that exists when {i) one business entity has a controlling ownership interest in the other business entity, (ii) a wnVolling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or contrd between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship indude that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of tlme Department of Planning to photograph and view the sate for puryoses of processing and evaluating this application. ~(~A_„~, 1.,~.,~,_ ~iomnrtc l1li Ilan Applicants Signature Prnint Name / lYY U Y N Jm't . M ey ~_ r P rly is Signature different than applicant) Print N me DISCLOSURE STATEMENT BASILEIA EMPOWERING MINISTRIES Agenda Item 7 Page 8 Item #7 Basileia Empowering Ministries Page 2 HORSLEY AYE LI VAS AYE REDMOND AYE RLPLEY AYE RUCINSHI AYE RUSSO AYE THORNTON ABSENT By a vote of 9-0, the Commission approved item 7 by consent. Dionne Wilson appeared before the Commission on behalf of the applicant. Item #7 Basileia Empowering Ministries Conditional Use Permit 1547 Amberley Forest Road District 1 Centerville June 13, 2012 CONSENT An application of Basileia Empowering Ministries for a Conditional Use Permit for child care on property located at 1547 Amberley Forest Road, District 1, Centerville. GPIN: 14852738520000. CONDITION The applicant shall obtain all necessary permits and inspections from the Permits and Inspections division of the Planning Department, the Fire Department, and the Department of Social Services before operation of the facility and a business license is issued. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE Z 1 1 1 E ., ., W 0 NG Q m F R c~ ._ w 0 a a V c H N ~ ~ (~ N M 4 0 U 'w w 3 0` ~~ o ~, NBC ~~ Nu~4 ~~ F° ~ ~~ ~' ~, t~ ct,; ;,;;~:;- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MADELINE F. BAILEY TRUST, Conditional Use Permit, automobile sales and service, 176-180 Mac Street (GPIN 1467931171). BAYSIDE DISTRICT. MEETING DATE: June 26, 2012 ^ Background: The applicant requests a Conditional Use Permit to allow use of the site for an automotive repair garage, a transmission shop, as well as the existing automotive repair. The City Zoning Ordinance differentiates between the type of repairs that may occur by right and those which need conditional use permit approval. In the I-1 Light Industrial district the following types of repair are allowed: "adjusting and repairing brakes; emergency wiring repairs; greasing, lubrication and oil change; motor adjustments not involving removal of the head or crankcase; providing and repairing fuel pumps and lines; radiator cleaning and flushing; provision of water, antifreeze and other additives; replacement or adjustment of minor automobile accessories, to include mirrors, windshield wipers and the like; sale and servicing of spark plugs, batteries, and distributors and distributor parts; servicing and repair of carburetors; servicing, repair and sales of mufflers and exhaust systems; tire sales, servicing and repair, but not recapping or re-grooving; washing and polishing, and sale of automotive washing and polishing materials." A Conditional Use Permit is required when the repair work includes activities beyond those listed above; thus, the reason for the request. ^ Considerations: The site is located in an industrial area of the city, and the repair facility has been in operation for many years. There is a 13,000 square foot one-story building on the site, which was constructed in 1966. The building is a typical industrial type metal structure with a brick office addition on the east side. The building is 35 feet from the front property line. Parking for the use is located in front of the building, as well as on the east side of the building. The site is mostly impervious, covered with buildings, broken concrete, and gravel. An eight-foot high chain link fence encloses the site. The Conditional Use Permit for an existing automotive repair garage to continue to operate at the site is compatible with the existing area and compatible with respect to use and building design in the area. Although the use is not consistent with the vision for the Pembroke SGA Plan's Central Village District, it is an appropriate Madeline F. Bailey Trust Page2of2 interim use until market and other forces transition this area toward a realization of that vision. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0-1, to recommend approval of this request to the City Council with the following conditions: All automotive repairs shall be performed inside the building. 2. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 3. There shall be no outside storage of equipment, parts, or materials. 4. Parking shall not be permitted in front of the building. Fourteen 9-feet by 18-feet parking spaces shall be designated on the east side of the building. One of those spaces shall be designated as a handicap accessible space and shall be delineated at 8-feet by 18-feet with an 8-foot by 18-feet access aisle adjacent to the space. This space shall be located at the closest entry to the building. This space and aisle shall also be improved with concrete or asphalt. 5. A row of evergreen shrubs, a minimum of three feet in height, shall be planted along the outside of the fence that is parallel to Mac Street. 6. The applicant shall obtain a Certificate of Occupancy for the change of use from the Permits and Inspections division of the Planning Department before the business license is issued. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . ~~~~- ~YS,~ n~a n-? Madeline F. Bailee Trust - ~ o ',__ rr ~ - u ate ~~ ~ y ~~1 ~~~~ -- `,~ ~~ 12 ~ 62~ ~ ~~_ j - - ~ ~ ~~ `iii ~ ~ ' •zw.y.,r c..w....rAx..,.nn. CUP-AufornoLve Re alr Gara e y...c.w...o.wrovta..r,. P 9 REQUEST: Conditional Use Permit (Automotive Repair Garage) ADDRESS /DESCRIPTION: 176 Mac Street 6 May 9, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: MADELINE F. BAILEY TRUST STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14679311710000 BAYSIDE 3.181 acres Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow use of the site for an automotive repair garage, a transmission shop as well as the existing automotive repair. The City Zoning Ordinance differentiates between the type of repairs that may occur by right and those which need conditional use permit approval. In the I-1 Light Industrial district the following types of repair are allowed: "adjusting and repairing brakes; emergency wiring repairs; greasing, lubrication and oil change; motor adjustments not involving removal of the head or crankcase; providing and repairing fuel pumps and lines; radiator cleaning and flushing; provision of water, antifreeze and other additives; replacement or adjustment of minor automobile accessories, to include mirrors, windshield wipers and the like; sale and servicing of spark plugs, batteries, and distributors and distributor parts; servicing and repair of carburetors; servicing, repair and sales of mufflers and exhaust systems; tire sales, servicing and repair, but not recapping or re-grooving; washing and polishing, and sale of automotive washing and polishing materials." A Conditional Use Permit is required when the repair work includes activities in addition to those listed above; hence, the reason for the request. }. MADELINE F. BAILEY TRUST Agenda Item 6 Page 1 The site located in an industrial area of the city, and has been in operation for many years. The submitted site plan depicts cone-story building of 13,000 square feet. The building, constructed in 1966, is 35 feet from the front property line. Parking for the use exists in front of the building as well as on the east side of the building. The site is mostly impervious, covered with buildings, broken concrete and gravel. An eight- foot tall chain link fence encloses the site. The building is a typical industrial type metal structure with a brick office addition on the east side. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is occupied by an industrial type building. The use of the site is automotive repair. The site is zoned I-1 Light Industrial. SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Re-cycling center / I-2 Heavy Industrial • Automotive Repair Garage / I-1 Light Industrial • Industrial use / I-1 Light Industrial • Office uses / I-1 Light Industrial There are no natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Urban Area -Pembroke SGA 4 The Comprehensive Plan designates this area of the City as Urban Area -Pembroke Strategic Growth Area 4 (Pembroke SGA 4), Central Village District. The Pembroke SGA 4 Plan envisions this area as an eclectic, mid to low-rise commercial and urban-residential area. This district will include live-work, loft, and row-house residential buildings as well as smaller scale mixed-use commercial buildings. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this site is currently from Mac Street, which connects to Witchduck Road within the limits of the Witchduck Road Phase II project. The Witchduck Rd. Phase II, CIP 2-025, is currently a fully funded project and the current project schedule shows construction starting in October, 2014. The project includes the widening of Witchduck Road from 4-lanes to 6-lanes. There are additional street improvements at Cleveland Street, Southern Boulevard, and Mac Street. With the construction of this project, Mac Street will become a cul-de-sac at Witchduck Road. Access to the subject site will be gained via Southern Boulevard and Pennsylvania Avenue. Pennsylvania Avenue will extend south, across Southern Boulevard, across the northwest corner of the subject site and connect with the existing Mac Street. At the current 30 % design level, the impacts to the subject property appear to be minimal. Property will need to be acquired for right-of-way, but the buildings should not be impacted. MADELINE F. BAILEY TRUST Agenda Item 6 -Page 2 WATER and SEWER: This site is connected to City water and sewer. SCHOOLS: School populations are not affected by the use. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The conditional use permit for an existing automotive repair garage to continue to operate at the site is compatible with the existing environment and generally compatible with respect to use and building design in the area. Although the use is not consistent with vision for the Pembroke SGA Plan's Central Village District, it is an appropriate interim use until market and other forces transition this area to realize that vision. CONDITIONS 1. All automotive repairs shall be performed inside the building. 2. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 3. There shall be no outside storage of equipment, parts, or materials. 4. Parking shall not be permitted in front of the building. Fourteen 9-feet by 18-feet parking spaces shall be designated on the east side of the building. One of those spaces shall be designated as a handicap accessible space and shall be delineated at 8-feet by 18-feet with an 8-foot by 18-feet access aisle adjacent to the space. This space shall be located at the closest entry to the building. This space and aisle shall also be improved with concrete or asphalt. 5. A row of evergreen shrubs, a minimum of three feet in height, shall be planted along the outside of the fence that is parallel to Mac Street. 6. The applicant shall obtain a Certificate of Occupancy for the change of use from the Permits and Inspections division of the Planning Department before the business license is issued. MADELINE F. BAILEY TRUST Agenda Item 6 Page 3 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. .. 4 MADELINE F. BAILEY TRUST k Agenda Item 6 Page 4 AERIAL OF SITE LOCATION ~~~' MADELINE F. BAILE ~, .~ ~T i6 v Page 5 §•~ ••C DUP. NC.1 ~'-'..' y..J~ ~~`~~ ~ I( d lIeIHX3 ~~ r N 2 J P O 4 • _ n p d o ~ ~~ 't ~. ~ H ' W O i N ~~ ~ O `~', Rpil-WAY ..M 1TH~ftN -Y~ w ~t „oo~ PHYSICAL SURVEYOF SITE MADELINE F. BAILEY TRUST _; Agenda Item 6 , ,~ Page 6 t ,,, FS ry.~ .: s i _ .~ x ~~~ 7T- ~'~~~~ ~j ~f3 x ~ tf =. l y'L, 3'f5 ~.2' ZONING HISTORY # DATE REQUEST ACTION 1 8/9/94 CONDITIONAL USE PERMIT BULK SOTRAGE A roved 2 12/6/94 CONDITIONAL USE PERMIT (/STORAGE & Approved PROCESSING OF SALVAGE, JUNK & SCRAP MADELINE F. ,~ ..r AILEY TRUST 4genda Item 6 Page 7 s~ DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) ~~F"Llt/~ ~ fj~¢ /L F Y ~ US T ~ C~+-w-l ,, D~,N~i a 13~-r~ ~y ~ j2 ri s JOE 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here 'rf the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete fhis section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 5.~9rn E /~'S .~ PPG l ~,hnl T 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NC~1 ~ / ~~nIG~C ~ ~s'e`7` ~1.-'TI V~ Check here if the property owner is NOT a corporation, partnership, firm, /` business, or other unincorporated organization. & See next page for footnotes Does an official or employee of ~ City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? O r-.~ W W cn ---~ i--~ A 0 DISCLOSURE STATEMENT MADELINE F. BAILEY TRUST Agenda Item 6 Page 8 r-~ V a a w w z 0 A D DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: {Attach list if necessary) [Aral ~oYt R i Hers ~~q.-;FS - ~-~'~~y 5 ' "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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. z "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when {i) one business entity has a controlling ownership interest in the other business entity, (ii} a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of not cation (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planni to photograph and view the site for purposes of processing and eval~~u11ating this application. r~ ~ ~dN~~~ ll3t ~t~ ~ ~ rVS~ Applicant's Signature Print Name ~~~ld `~Ic ~ (~i, ,, l Property Owner's Signature ('rf different than applicant) Print Nam DISCLOSURE STATEMENT MADELINE F. BAILEY TRUST Agenda Item 6 Page 9 Item #6 Madeline F. Bailey Trust Conditional Use Permit Automotive Repair Garage 176 Mac Street District 4 Bayside May 9, 2012 CONSENT An application of Madeline F. Bailey Trust for a Conditional Use Permit for an Automotive Repair Garage on property located at 176 Mac Street, District 4, Bayside. GPIN: 14679311710000. CONDITIONS 1. All automotive repairs shall be performed inside the building. 2. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 3. There shall be no outside storage of equipment, parts, or materials. 4. The applicant shall work with current Planning Staff to determine the location of the required parking. 5. The applicant shall work with current Planning Staff on a landscape plan . 6. The applicant shall obtain a Certificate of Occupancy for the change of use from the Permits and Inspections division of the Planning Department before the business license is issued. Item #6 Madeline F. Bailey Trust Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 BERNAS AYE FELTON AYE HENLEY AYE HODGSON HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON NAY 0 ABS 1 ABSENT 1 ABSENT ABS By a vote of 9-0-1, with the abstention so noted, the Commission approved item 6 by consent. Les Watson appeared before the Commission on behalf of the applicant. V ~ 41 O N N 4 y ~ O . Z a N 3 ~_ U V ~a ~ l 0 4 O i C ,O N L 0 V L w ~_ Q V V Q W m Nu. OS. '~ f~ ~- ~~ 43 ~.®. f c~,` 4 ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STIHL, INCORPORATED, Conditional Use Permit, wind energy system, 536 Viking Drive (GPIN 1496568967). BEACH DISTRICT. MEETING DATE: June 26, 2012 ^ Background: It is the intent of the applicant to install seven fixed-mounted wind energy conversion system (WECS) turbines on the rooftop of Plant 5, which is located within the Stihl complex adjacent to Lynnhaven Parkway. These turbines will be utilized to generate supplemental electricity that will power the applicant's raw materials warehouse and guide-bar manufacturing plant facilities. ^ Considerations: The WECS units will be 12'-4" in height above the rooftop and are 6' in diameter. The rooftop location is approximately 150' from Lynnhaven Parkway. The area between Lynnhaven Parkway and the subject building is heavily landscaped; therefore, no additional landscaping or screening is required. The proposed Conditional Use Permit for seven roof-mounted wind energy conversion systems is acceptable. The proposed use is in keeping with the Comprehensive Plan's recommendations for environmental stewardship. The WECS will enhance community sustainability by introducing an energy source to an existing building independent of the traditional power system, which reduces the overall effect of this manufacturing facility on the environment. The use of WECS is well-suited to the light industrial uses within the area. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The site shall be developed substantially in accordance with the submitted plan entitled "Wind Turbine Location Exhibit, A Portion Of #536 Viking Drive, Property Owned By Stihl Incorporated, Virginia Beach, Virginia," dated 2/16/12, and prepared by Hoggard / Eure Associates. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Stihl Incorporated Page2of2 2. The WECS units shall be Windtronics Honeywell Wind Turbines, as submitted with the application. The manufactory's details are on file in the Planning Department. 3. The turbines shall not exceed a maximum of twelve feet and four inches (12'- 4") in height above the roof level and a diameter of six feet (6'). ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agelncy: Planning Department City Manager: ``'~~ 1~- ~~~- ^~ sru nta~> %e~ Stihl Incorporated ~ ~ ~ z ~ `, ~ - ~ J ,, ~~,PZ ~ -$2~ , , .~,~ -~~ Qa ; to r i ~ 1. ~ ~" %;" - ~ ~~~~ q ~ ; i ,~ ~? ~ ~ t~ ~„_ -~~ ~' a r ~ I~- ~ ~ ~1#~ sr i ~" ~ ~ :_t} -_~ 'IaW9 wM CwMiwP,AM~. q.. y.,.v.om.a.. e.ra+a w...r• CUP /or WIrM Enegy Conversion Systems, Roof Mounted 10 May 9, 2012 Public Hearing APPLICANT/ PROPERTY OWNER: STIHL INCORPORATED STAFF PLANNER: Ray Odom REQUEST: Conditional Use Permit (for Wind Energy Conversion System, Roof Mounted, in excess of one per principal structure) The applicant is requesting a Conditional Use Permit to allow seven fixed-mounted wind energy turbines to be placed on the rooftop of Plant 5 within the Stihl manufacturing complex. ADDRESS /DESCRIPTION: 536 Viking Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14965689670000 BEACH 39.94 acres Greater than 75 dB DNL, APZ 2 SUMMARY OF REQUEST It is the intent of the applicant to install seven fixed-mounted wind energy conversion system (WECS) turbines on the rooftop of Plant 5, which is located within the Stihl complex adjacent to Lynnhaven Parkway. These turbines will be utilized to generate supplemental electricity that will power the applicant's raw materials warehouse and guide-bar manufacturing plant facilities. The W ECS units will be 12 feet - 4 inches in height above the rooftop and are six feet in diameter. The rooftop location is approximately 150 feet from Lynnhaven Parkway. The area between Lynnhaven Parkway and the subject building is heavily landscaped; therefore, no additional landscaping or screening is required. The manufacturer of the WECS units states that these wind turbines utilize a system of magnets and stators surrounding its outer ring which captures power at the blade tips where speed is greatest, practically eliminating mechanical resistance and drag. Rather than forcing the available wind to turn a STIHL INCORPORATED agenda Item 10 Page 1 generator, the perimeter power system becomes the generator by swiftly passing the blade tip magnets through copper coil banks mounted onto the enclosed perimeter frame to produce power. This system also addresses past constraints on these types of system such as size, noise. vibration and output. The applicant currently has two of these same proposed wind turbines located on the rooftop of their building located at 825 London Bridge Road. During the review for this application, it was determined that a Conditional Use Permit was not submitted for these units. The applicant was notified, and the applicant's representative has submitted a separate application to obtain a Use Permit for these two turbines. Rather than defer this current application and add the two installed turbines to this application. the applicant desires to move forward with the current application for the seven WECS turbines. Staff has no objections to proceeding in this manner. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Manufacturing facility SURROUNDING LAND North: . Avenger Drive/offices/manufacturing/warehousing / I-1 Light USE AND ZONING: Industrial District South: International Parkway/offices/manufacturing/warehousing / I-1 Light Industrial District East: . Canal Number Two/offices/manufacturing/warehousing / I-1 Light Industrial District West: Lynnhaven Parkway/ Lynnhaven Mall and Lynnhaven North Shopping Center ! B-2 Community business District CITY SERVICES WATER/SEWER: This site is served by City water and sewer. COMPHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Special Economic Growth Area (SEGA) 2 -West Oceans. SEGA 2 is generally bound by London Bridge Road, Lynnhaven Creek, South Lynnhaven Road, and Potter's Road. It includes Lynnhaven Mall, surrounding retail and office complexes and Oceans West Industrial Park. Much of this area is subject to Navy restrictive easements and all of this area is inside the AICUZ high noise zone. This entire site is within the greater than 75 DNL noise zone. All new or improved deveiopment proposals must adhere to the City's AICUZ provisions. This is viewed as a special area with significant economic value and growth potential. The City supports development and redevelopment of this area consistent with AICUZ provisions and the City's economic growth strategy. The Comprehensive Plan's Environmental Stewardship Chapter provides a framework for sustainability in our community. Recommendations of stewardship include retrofitting buildings to save on energy uses, use energy efficient lighting, reduce wasteful electricity use, and promote environmentally responsible development. STIHL INCORPORATED Agenda Item '! G Page 2 EVALUATION AND RECOMMENDATION The proposed Conditional Use Permit for seven roof-mounted wind energy conversion systems (WECS) is acceptable. The proposed use is in keeping with the Comprehensive Plan's recommendations for environmental stewardship. The WECS will enhance community sustainability by introducing an energy source to an existing building independent of the traditional power system, which reduces the effect of this manufacturing facility on the environment. The use of WECS is well-suited to the light industrial uses within the area. Staff, therefore, recommends approval of this request with the conditions below. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted plan entitled "Wind Turbine Location Exhibit, A Portion Of #536 Viking Drive, Property Owned By Stihl Incorporated, Virginia Beach, Virginia," dated 2/16/12, and prepared by Hoggard / Eure Associates. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The WECS units shall be Windtronics Honeywell Wind Turbines, as submitted with the application. The manufactory's details are on file in the Planning Department. 3. The turbines are to be a maximum of twelve feet and four inches in height above the roof top and six feet in diameter. 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. STIHL INCORPORATED Agenda Item 10 Page 3 AERIAL OF SITE LOCATION STIHL INCORPORATED Agenda Item 10 ~ ~ Page 4 #~ .. _E nuF, roc.;,:v~~ -fee-~,~.w p, T ~l 3nlao snlHin ersf ~ o,,.o n ~,m.. .«-.~ ,.~. 11BIN%3 NOIlYJOI 3NIBtlf11 ONIM ~~/~/~ -+~ ~~~~~~ ~. r na ' ~ E~qa }o -=---=----======T===r-====___ i >r SITE PLAN OF BUILDING SHOWING LOCATION OF PROPOSED TURBINES (squares) ~~ ~~ ~~ n~ ~ rte. .~,., _ ¢`- f. _ 9 ~ r,y`o Oii~. IJ F~~` .(~ PHOTOGRAPH OF PROPOSED WECS TURBINES STIHL ~.~_ __ _. ~,. " ; ,;> 'JU6. NF.~. . ,1 ;~~ -RATED Item 10 Page 6 ZONING HISTORY # DATE REQUEST ACTION 1 07/30/98 Street Closure A roved 2 08/12/03 CUP Bulk Stora e Yard A roved 3 06/24/08 Mod. CUP Bulk Stora e Yard & Auto Re air A roved 4 11/25/08 CUP Bulk Stora e Yard A roved ;IA-6f':1C r ',! .M 6.~ ~~ _ ~ i DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Stihl Incorporated, See attachment for members of Stihl Inc. Executive council. 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) See Attachment Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only ii property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach fist if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes ley V ~~~ ~y W ~W v J ~~ Does an official or e1]~loyee of~City of Virginia Beach have an interest in the ~'~~ subject land? Yes ~ IVo / If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Pemut Application Page 9 of 70 Revised 7!3!2007 DISCLOSURE STATEMENT STIHL INCORPORATED Agenda Item 10 Page 8 I~~ V 1~~ ~~ W /W V I ~~~ ~~ A O DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) None ' 'Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 'Affiliated business entity relationship" means "a relationship, other than pareni- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities' Sae 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. 1 understand that, upon receipt of noWication (postcard) that the application has been scheduled for public tteartng, I am responsible for obtaining and posting the required sign on the subjec property at least 30 days prior to the scheduled public hearing accerding to the instructions in this package. The undersigned also consents to emry upon the sut>jed property by empbyees of the Department of Planning to photograph I w the site for purposes of processing and evaluatin~g~th~i fs application. QM~Q NtQ~f1- Applicant' t Print ame Property Owner's Signature (ff different than applicant) Print Name CoMitionsl Use Permit Appkca8on Pape 10 0l 10 Revisetl 7/32007 DISCLOSURE STATEMENT STIHL INCORPORATED '~4genda Item 10 Page 9 ~. ': s 1' ~: ~ a m ~, :;~ ~ ~ LL = Y N a ~ ~ ~ 2 J a° ~ a ~ ~ 5 a a -- _ W = 'yam' b ~ = m W ~ ~ gq ~ " ~ ~ ~ a LL a <_ d m Y rn g W a 0 U ...~ _U m ~ c £ a U 'e o c N m U' f ~ u N ~ ~ b ~ ~ c p C o 6 G '~ N ~ m l 0 ~ b O °' fn a DISCLOSURE STATEMENT STIHL INCORPORATED ~~A~enda Item 10 Page 10 Item # 10 Stihl, Incorporated Conditional Use Permit 536 Viking Drive District 6 Beach May 9, 2012 CONSENT An application of Sthil, Incorporated for a Conditional Use Permit for Wind Energy Conversion System, roof mounted in excess of one per principal on property located at 536 Viking Drive, District 6, Beach. GPIN: 14965689670000. CONDITIONS The site shall be developed substantially in accordance with the submitted plan entitled "Wind Turbine Location Exhibit, A Portion Of #536 Viking Drive, Property Owned By Stihl Incorporated, Virginia Beach, Virginia," dated 2/16/12, and prepared by Hoggard / Eure Associates. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The WECS units shall be Windtronics Honeywell Wind Turbines, as submitted with the application. The manufactory's details are on file in the Planning Department. 3. The turbines are to be a maximum of twelve feet and four inches in height above the roof top and six feet in diameter. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. Item # 10 Stihl, Incorporated Page 2 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON ABSENT HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 10 by consent. Raefore Eure appeared before the Commission on behalf of the applicant. W J J d W C w V V m N ~ ~ ~ d (~ N ~Q oa ~o Uw O :. 3 0 ~Q N tr> S Hu H t~ `O , ~ !~ ~ ;; ~s fsj <~'v " oy~ '~~vyY~ J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JAMES KENNEDY VI/DAVID D. KENNEDY, Conditional Use Permit, home occupation -Sales (firearms), 3505 Byrn Brae Drive (GPIN 1446992519). KEMPSVILLE DISTRICT. MEETING DATE: June 26, 2012 ^ Background: This is a request for a Conditional Use Permit for a home occupation to allow the sale of firearms, gunsmithing, assembling, accurizing, as well as providing parts and service for firearms. The applicant intends to specialize in 1911 pistols (`1911' is a type of pistol; it is not the year of manufacture). In addition to obtaining approval of this Use Permit, the applicant will have to obtain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting the business. ^ Considerations: The applicant will be the sole employee. The hours of operation will be 10:00 a.m. to 4:00 p.m., Monday through Friday, by appointment. Some sales will come from the Internet. The applicant has taken approved National Rifle Association of America (NRA) college-level courses over the years for gunsmithing. Any firearms that arrive on-site will be secured in accordance with ATF regulations. The applicant owns a large gun safe (23 cu. ft.) and a large secured steel locker. These containers will hold any amount of firearms that may be on site. The applicant has purchased four cameras for security, and will install an alarm system for the house. In addition to these safety precautions, there is a dog on the premises. From the exterior of the home, business activity associated with this proposed home occupation will be virtually undetectable. Overall, the minimal activity expected by the applicant is not likely to adversely impact the surrounding properties or neighborhood character. The proposed home occupation is consistent with the Comprehensive Plan, and supports one of the City's desired outcomes to ensure the opportunity to start and grow a business, or for one to enter into and prosper in the local job market (p. 1-2). Staff finds that the proposed business meets the criteria outlined in Section 234 of the Zoning Ordinance regarding home occupations. There was no opposition to the request. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 4-6, recommends denial of this request. James Kennedy VI Page 2 of 2 Should the City Council approve the Conditional Use Permit, the following conditions are recommended: 1. The Conditional Use Permit for a home occupation -firearm sales, gunsmithing, assembling, accurizing as well as providing parts and service for firearms is approved for a period of one (1) year with an administrative review and renewal (if appropriate) every year thereafter. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 5. No employees shall be employed on the property associated with this home based business. 6. Delivery of firearms to the property shall be secured by only the applicant's signature. 7. The home occupation shall not create noise, dust, vibration, smell, smoke, glare electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . ~ (EMPSVI~IE n~.„-+-x games ncnneu~ vi - ;~~ - ~~ 1 z ~ ~ ~ ~F244 1, ~; - -R'ya' ~ i 5~ -~ ~~~~-~ , ~. J ,~ ~ , , /f ,--, ,,, t -- - J - !~ 1 _,~ -- i ; ;~,, _ ~ '_i ~ -~~, ~~~~ ~~` ' ~ r 1 '~~ '2enMp wbn c.~e~+°^•°.~.~, a"' Nome Occupation (Firoa~msJ sr:. v, o.mr.: o,.rrr. 14 May 9, 2012 Public Hearing APPLICANT: JAMES KENNEDY VI PROPERTY OWNER: BRIAN D. KENNEDY STAFF PLANNER: Karen Prochilo REQUEST: Conditional Use Permit -Home Occupation -Sales (Firearms) ADDRESS /DESCRIPTION: 3505 Byrn Brae Drive GPIN: ELECTION DISTRICT: SITE SIZE: 14469925190000 KEMPSVILLE 24,881 square feet AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST This is a request for a Conditional Use Permit for a home occupation to allow sales of firearms. The applicant intends to specialize in 1911 pistols. The applicant has taken approved National Rifle Association of America (NRA) college level courses over the years for gunsmithing. The applicant will be gunsmithing, selling, assembling, accurizing, providing parts and service for firearms. The applicant will be the sole employee. The hours of operation will be 10:00 a.m. to 4:00 p.m. Monday through Friday with an appointment. Some sales will come from the Internet. In addition to obtaining approval of this Use Permit, the applicant will have to obtain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. Any firearms that arrive on-site will be secured in accordance with ATF regulations. The applicant owns a large gun safe (23 cu ft.) and a large steel locker that locks. These containers will hold any amount of firearms that may be on site. The applicant has purchased four cameras for security and will install an alarm system for the house. In addition to these safety precautions, there is a dog on the premises. JAMES KENNEDY VI 6Agenda Item 14 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: Single-family homes / R-10 Residential District USE AND ZONING: South: Single-family homes / R-10 Residential District East: . Byrn Brae Drive • Single-family homes / R-10 Residential District West: Eastern Branch of the Elizabeth River • Single-family homes / R-10 Residential District NATURAL RESOURCE AND The property is located within the Chesapeake Bay Watershed and is CULTURAL FEATURES: directly on the Elizabeth River. There are no known significant cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as Suburban Area. The objective of the Suburban Area policies is to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods. 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 development of the area. This is accomplished by having 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 othf;r residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. ~p 3-1) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Byrn Brae Drive in the vicinity of this application is considered atwo-lane undivided local street. It is not included in the Master Transportation Plan. There are no roadway Capital Improvement Program projects slated for this area TRAFFIC: Street Name Present Volume I Present Capacity ~ Generated Traffic _ Byrn Brae Drive No existing traffic counts available for this I Existing Land t ise ~~ - roadway. ' 10 ADT Proposed Land Use ~ - I 12 ADT I __ ____ ~,4verage Uaiiy Taps x as defined by one single family dwelling ', ' as defined by one single family dwelling & home occupation TRAFFIC ENGINEERING: The proposed use will have no significant traffic impact. FIRE and RESCUE: No comments. JAMES KENNEDY VI Agenda Item 14 Rage 2 WATER and SEWER: There are no expected impacts to City water and City sewer. EVALUATION AND RECOMMENDATION This application is for a home occupation to allow the sales of firearms, gunsmithing, assembling, accurizing as well as providing parts and service for firearms. The applicant states that he is the sole employee and all firearms will be stored on the premises in accordance with ATF regulations. The premises will also be alarmed and have security cameras. From the exterior of the home, business activity associated with this proposed home occupation will be virtually undetectable. The character of the neighborhood should not change as no new construction is proposed with this request. Overall the minimal activity expected by the applicant is not likely to adversely impact the surrounding properties or neighborhood character. The proposed home occupation is consistent with the Comprehensive Plan, and supports one of the City's desired outcomes to ensure the opportunity to start and grow a business, or for one to enter into and prosper in the local job market (p. 1-2). Staff finds that the proposed business is within the characteristics outlined in Section 234 of the Zoning Ordinance regarding home occupations. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The conditional use permit for a home occupation -firearm sales, gunsmithing, assembling, accurizing as well as providing parts and service for firearms is approved for a period of one (1) year with an administrative review and renewal (if appropriate) every year thereafter. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 5. No employees shall be employed on the property associated with this home based business. 6. Delivery of firearms to the property shall be secured by only the applicant's signature. 7. The home occupation shall not create noise, dust, vibration, smell, smoke, glare electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. JAMES' KENNEDY VI Agenda Item 14 Page., 3 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 ofPlanning /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. JAMES° KENNEDY VI 'Agenda Item 14 Page 4 AERIAL OF SITE LOCATION JAMES KENNEDY VI ~~ Agenda Item 14 y Page 5 ~} . ~ '.`"` I ~q:r'~. N'6 ui~~w ~~g ~ ` r z';~ ' ;~~ ?O' DRAtMCE fASENENT --{ ~ -' ~' GffiI A"°Q F~ DE ~ st ~e/~ /' / -- ~~V~~ ~-flll' ~ vi{iNITY MAP fir` '~ ----~'i ~t '.~ ~'' ~M a r o a~ ' ST# EtNiEO PUl I ~ T°jq'~N 165•~~~/ ' 3 ffi1 ~ ~ STARE w/FU6~ g ~~}°`"~ r ~ REiU1N5 OP t[ER ~ l °s ~~ = ~,F~~ I ~ ~NEttOVE PILES) \1 c, ld' y,'r / LTA' ~ ~1 I g ~ pr '• ~EX APO N 1 P RAP ~~ '~ S e .A ~~-. ~DLENO :NTO) (~ g ~/may, ~~ .~~ .. _~. ,_.- .J-..__.-•e a 1 -, CI PHy ~ - sot PROPOSED R!P AAP RAP. 1 -- - ~ 5 I I . a ~ ~,~ lee L P Do' a ~ e A I r ;8.4, 1 ` ` , ~ Z'STORY eR [CK ,~ I C ~P z -~~ ~ ~ vs ~ 9F/ ` ~ ` \ ' ~o-r ~~fgf.a ~ oatvE Tti 1 ''~' ~~ _ .l ~~ ~~ ~ ~~ • i ~ ~. oP ~.~ jC, BYRN BRAE OR1VE :O'R'~7 y~~a{!t CCNST.ACCESS - r '~~~ .. S.?~ t: i. 5-,.:..~' ' PLOT PLAN 1'=u0' . ~~ _- _ . PURPOSE: EROS tON CONTROL DATUM: NLr = 0.00 w•r~nANi: DAVID KILBV e'~at~i~Nei~.v:t~~g6q AGENT: KEN TNORPSON 3JOS HOSUN DRIVE CNESAPEAKEr VA.233Z1 6 d ~' •S~' I i1E ODrx DIMENSIONS I COR.n0U5E TO STAKE r/FLAG JR END OF PILES IN rATER A TO i =5~.0' A rut =uS.G' A ro 3 =60.U' I A TO A °56.0' I . TD 5 =60.~+' A TD 6 =68.0' A TD 7 =67.5' A TD 8 =ii.0' TD `J =y).L' ~ TD iv=56.D' 'rROPOSEIJ ni-r SNP, ___.. %IE~. SdnP b 40AT LIST :N R COVE OF E4 ELIZABE Th RIvfR snE_, 1 ~F 3 JAM SITE SURVEY ~'~ '~ , i KENNEDY VI :- agenda Item 14 _y I Page 6 ~~ I ~, ~, . ti. ~ ,. ~,, _ fem t-~r,,~..,,-~ KEMPSVILLE n~~,~~ ~-$ James Kenned~~ VI tvta Jot fo Scale ..~ ,y.~ ,. r ~ ~ r -~------ ~~ ~ R~ .,~~ <r ~~ _ I r.. r ~ ~ ~ ~~ ~~ ~ , , ~' 1 1 ?~? -- ~ ~ ~ ~ ~' t ~ '` ~ ' J 1 ti, ,_ ~~ ~ ' ~~ ~~ ~ ~ --~-r_ _r -_i 1--a,~ _ r r ' ~~; f p ~ r rl; + ~ '.-._ ~y~{~~ - 7 V -) ~ ~ ~ r , i'-~ _ ~,~ ~ _ i ~ _° 1 _ ~ ~- z ~L ; ( lw ~, ~ - ~ _._ ~ ~ ~ r- -~ a , , r t f ~ --J ~_ ~ ~ ~ ~- 4 ~ ~~ ~~''~ ~/ _ , + ~~ i ~ , 1 ~ o )) l~ 1r' ~ ~ 7 ` t ~ ~ ~ ~~ ~ --- r~ + ~ r ' !~1 ~ ~ ~ t 5 ~`~ 1 ~1 ~ l ~ `" --~ t ~ _ s _ --~ G ~ ~ , ~ , ~' ~ ~ j'f - ~~ `~~f ~-~ ~ ~ 1 ~ _--, , ,_~ -, ' ~` `; Ac N a ~ I v r 'Zoning whh Condhlons,Prolters. Open Space Promotion or PDH•2 Overlays Home Occupation {Firearms) NO ZONING HISTORY TO REPORT ,..~ ~ ~.~-~t~~A BF ~-~.~ KENNEDY VI ~. genda Item 14 '~; Page 7 !~'~ ~,,~ ~~; ~~ d,.~.. DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship wfth the applicant: (Attach list if necessary) Q Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Check here 'rf the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or e~oyee of~City of Virginia Beach have an interest in the subject land? Yes No / If yes, what is the name of the official or employee and the nature of their interest? ConOkional Ux Permk Application Paga 9 of 10 Revisetl 11312007 z 0 w a w z 0 ~z 0 V DISCLOSURE STATEMENT JAMES KENNEDY VI Agenda Item 14 Page, 8 z 0 w z 0 0 V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) LISPS, UPS, FEDERAL EXPRESS ~ ' '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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. ~ "Affiliated business entity relationship` means 'a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a conVolling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a Gose 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 atxxvate. I understand that, upon receipt of notfication (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ~ ~~ ~ James Kennedy VI icanYs/Si~gnature Print Name /~ ~~~~ Brian D. Kennedy Property is Signatu ff different than applicant) Print Name CorMkional Use Permft Appicatbn Pape 10 of 10 Revised 7/32007 DISCLOSURE STATEMENT JAMES KENNEDY VI ~~enda Item 14 Page 9 Item # 14 James Kennedy VI Conditional Use Permit 3505 Byrn Brae Drive District 2 Kempsville May 9, 2012 REGULAR An application of James Kennedy VI for a Conditional Use Permit for a home occupation -sales (firearms) on property located at 3505 Byrn Brae Drive, District 2, Kempsville. GPIN: 14469925190000. CONDITIONS 1. The conditional use permit for a home occupation -firearm sales, gunsmithing, assembling, accurizing as well as providing parts and service for firearms is approved for a period of one (1) year with an administrative review and renewal (if appropriate) every year thereafter. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 5. No employees shall be employed on the property associated with this home based business. 6. Delivery of firearms to the property shall be secured by only the applicant's signature. 7. The home occupation shall not create noise, dust, vibration, smell, smoke, glare electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under Item #14 James Kennedy VI Page 2 normal circumstances wherein no home occupation exists. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. A motion was made by Bob Thornton to recommend approval of the application and was seconded by Donald Horsley. AYE 4 NAY 6 ABS 0 ABSENT 1 BERNAS NAY FELTON NAY HENLEY AYE HODGSON ABSENT HORSLEY AYE LIVAS NAY REDMOND AYE RIPLEY NAY RUCINSKI NAY RUSSO NAY THORNTON AYE By a vote of 4-6, the Commission denied the motion to recommend approval of the application. James Kennedy appeared before the Commission. .~ V ~,o ~I1 ~ O ~~ .~ o V~ a~ ~.~ ,~,~,~ ~' ~.~ a~~ W Z Z a W N Zx . ~ 0. ~ W t ~~ ? ~~ .-' ~~ N .-, N ,' ~ ~ rt i y Q ., ~r t, ~~ 0 4 0 - t. o ~ 4 ~~ 0 „~.. .` 0 { c Q ~~ ~~= ~, f U ~.. 'O N N ~ r7 O .~ ~'' f ~ O U d h :: .~ ; oa 4N ~Q 04 G U w c ~Q "' w o~ N ~~' ~ .: qy, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: REAL INVESTMENT ASSOCIATES, INC.NVILLIAM HENRY SAWYER, Change of Zoning District Classification, AG-1 & AG-2 Agricultural to Conditional R-10 Residential, 2283 Princess Anne Road (GPIN 2404720705). PRINCESS ANNE DISTRICT. MEETING DATE: June 26, 2012 ^ Background: The applicant requests a Change of Zoning for the site from AG-1 and AG-2 Agricultural to Conditional R-10 Residential, for the purpose of developing asingle-family residential community. This property is directly adjacent to Highgate Greens, another single-family residential development. The applicant intends to develop twelve single-family residential dwellings by extending Bodner Lane, which currently terminates at the boundary between the subject site and the Highgate Greens neighborhood. The proposal also includes retaining the current property owner's single-family dwelling, which has access from Princess Anne Road; therefore, the total number of dwelling units on the property will be thirteen. ^ Considerations: The proposed lots will range in size from 12,000 square feet to 26,000 square feet. The single-family dwellings will have a minimum of 2,400 square feet of living area for the 2- story homes and a minimum of 2,200 square feet of living area for the 1-story homes. The home styles are traditional in design with some Craftsman style elements. The exterior building materials are primarily brick front facades with vinyl siding on the side and rear walls. The roofing materials are primarily architectural-grade shingles with standing-seam metal roofs on porches or dormers. The applicant will dedicate 5.643 acres of open space to the City, as well as place a perpetual agricultural and open space easement on 1.527 acres of the 2.468 acre parcel, which will be retained by the current property owner, Mr. Sawyer. The easement will preclude any future development, but will allow Mr. Sawyer and his successors in title to plant crops within the easement. The easement will not be used to raise livestock. The proposed single-family residential subdivision is in keeping with the surrounding area. Even though the proposed Conditional R-10 zoning is different than that of the adjacent R-20 Open Space Promotion in the Highgate Greens neighborhood, lot sizes and home quality in the two neighborhoods are similar. The Open Space Promotion, which is no longer part of the Zoning Ordinance, allowed for smaller lot sizes if a specified percentage of the site was preserved as open space. Since Highgate Greens was developed through the approval of an Open Space Promotion, the lots are smaller than the 20,000 square foot minimum required under R-20 zoning without the Open Space Promotion. Real Investment Associates, Inc., A Virginia Corporation Page 2 of 3 At the Planning Commission Hearing, the applicant and the representatives of the Highgate Greens community indicated to the Planning Commission that they reached agreement pertaining to several issues, including inclusion of the residents in the new neighborhood as part of the Highgate Greens Homeowners Association (HOA) and access to the subject site during its development. A copy of the Memorandum of Understanding between the applicant and the Highgate Greens HOA is attached. Based on the MOU, there was no opposition to the request. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-0, recommends approval of this request to the City Council with the following proffers: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The property is developed it shall be subdivided into no more than twelve (12) new residential building lots, plus the existing Sawyer homesite, designated "RESIDUAL PARCEL #2283 PRINCESS ANNE ROAD, Total Area 2.468 Acres" substantially as depicted on the "REZONING EXHIBIT FOR REAL INVESTMENT, INC. SAWYERS MEADOW, VIRGINIA BEACH, VIRGINIA," dated November 27, 2011, and prepared by WPL ("Concept Plan"), ,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the property is developed, each of the twelve (12) new single-family residential dwellings to be constructed shall contain no less than 2200 square feet of enclosed living area, excluding garage for one-story and no less than 2,400 square feet of enclosed living area, in excess of one-story. The "RESIDUAL PARCEL #2283 PRINCESS ANNE ROAD shall only have one single-family residential dwelling which shall be located outside the area designated "OPEN SPACEAREA TO BE RETAINED BY RESIDUAL PARCEL 1.527 ACRES". Neither the size nor architectural features of the home permitted on the "Residual Parcel" are regulated hereunder. PROFFER 3: When the property is developed, the twelve (12) new residential dwellings shall have the quality exterior design, architectural features and building materials substantially as depicted on the Exhibits entitled "HOME ELEVATIONS AT SAWYERS MEADOWS" which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 4: When the property is developed, the party of the first part shall subdivide, dedicate and convey unto the Grantee, for open space preservation, that portion of the Property designated "OPEN SPACE AREA 5.643 ACRES" substantially as depicted on the Concept Real Investment Associates, Inc., A Virginia Corporation Page 3 of 3 Plan. PROFFER 5: When the property is developed as a condition of subdivision approval, the Grantors shall convey and record a Restrictive Easement, to the Grantor upon the southern portion of the "RESIDUAL PARCEL #2283 PRINCESS ANNE ROAD" depicted and designated on the Concept Plan as "OPEN SPACE AREA TO BE RETAINED BY RESIDUAL PARCEL 1.527 ACRES". The easement shall preclude in perpetuity the construction of any structures and shall only permit the owner of the "Residual Parcel" to grow crops as well as construct and maintain stormwater drainage improvements and facilities as approved by the Grantee. PROFFER 6: Further conditions may be required by the Grantee subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. ^ Attachments: Staff Review and Disclosure Statements Memorandum of Understanding between Applicant and Highgate Greens HOA Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~,~o~{y~ MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM reflects the agreements that have been reached between REAL INVESTMENT ASSOCIATES, INC., a Virginia corporation (Developer) and HIGHGATE GREENS HOMEOWNERS ASSOCIATION (Homeowners Assoc.}. WITNESSETH: WHEREAS, Developer has proposed to extend a stub street known as "Bodnar Lane" within the Highgate Greens subdivision, and develop a z2-Lot subdivision depicted on the REZONING EXHIBIT FOR REAL INVESTMENT, INC SAWYERS MEADOW, dated November 2~, 2011, prepared by WPL; and WHEREAS, the Homeowners Association has requested that the new 12-Lot subdivision and extension of Bodnar Lane be added to and incorporated into the mandatory membership Homeowners Association for Highgate Greens; and WHEREAS, the Developer and Homeowners Association have agreed to a number of stipulations, conditions and actions to be undertaken by the respective parries in connection with the development of this 12-Lot Subdivision. NOW, THEREFORE, Real Investment Associates, Inc. and its successors and assigns (Developer) and Highgate Greens Homeowners Association (Homeowners Assoc.) do hereby agree to undertake and perform the following, with respect to the development of the afore referenced twelve (12) single family residential building sites: 1. Developer will cooperate and assist the Homeowners Association in amending the Declaration of Restrictions for the Association to incorporate and add into the Association the twelve (12) lots to be developed on the extension of Bodnar Lane as the "Sawyers Meadow Section of Highgate Greens". The Developer will execute those documents reasonably required by the Homeowners Association to Amend its Declaration. The Association shall have eighteen (18) months from the approval of Developers' rezoning to obtain the requisite consents from existing association members (i.e. homeowners) to Amend it's Declaration. 2. The twelve (12) new lots will be the Sawyers Meadow Section of Highgate Greens and all purchasers of homes within this section will, upon the Homeowners Association successfully amending the Declaration, become full fledged members of the Association with the obligation of paying assessments equal to those required of all members of the Association for maintaining the Association's property. 3. Upon Developers request, the Homeowners Association shall provide Developer with one (1) current Homeowners Association Disclosure Package, including all statutorily mandated .information, which Developer will provide to contract purchasers of homes within Sawyers Meadow. 4. The Developer will review, approve and execute any documents prepared by the Homeowners Association which are necessary to annex Sawyers Meadow into the Association. 5. It shall be the Associations sole responsibility to obtain the requisite signatures and approvals from the existing Homeowners Association members to amend the Declaration and annex Sawyers Meadow into Highgate Greens. 6. The Homeowners Association acknowledges that the development of the homes on the twelve (i2) lots will be in accordance with the Proffered Covenants, Restrictions and Conditions that will accompany the Conditional Rezoning of Sawyers Meadow. The architectural review provisions contained in the existing Declaration of Restrictions for Highgate Greens shall not be applicable to the Sawyers Meadow section of Highgate Greens which will be governed by the Proffered Covenants, Restrictions and Conditions as recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, by the City of Virginia Beach upon approval of the pending conditional rezoning application. ~. Subject to approval by the City of Virginia Beach of a Temporary Construction Access from Princess Anne Road, the site development work for the extension of Bodnar Lane, all utility installation, road paving, lot grading, etc. will be performed utilizing the Temporary Construction Access rather than using the streets within Highgate Greens. 8. Subject to approval by the City of Virginia Beach, the Developer will leave the Temporary Construction Access in place for eighteen (i8) months and encourage use of the Temporary Construction Access by subcontractors and suppliers for construction of individual homes on each of the twelve (i2) lots. With regard to .construction of homes on the individual lots, the Developer is NOT guaranteeing that all subcontractors, laborers, materialmen, etc. will only utilize the Temporary Construction Access for constructing homes. g. Developer agrees to modify the Proffers to include additional elevations depicting homes with side-loading garages. io. Developer agrees to construct a minimum of six (6) homes within Sawyers Meadow utilizing side-loading garages. ii. Developer agrees that the initial four (4) homes constructed in the Sawyers Meadow Section shall have a minimum of 2,~0o square feet of living area plus a two (2) car garage {Note: all homes have to have, at a minimum, a 2-car garage per the Proffers). 12. The Developer agrees not to allow a stub street to be platted at the time the Sawyers Meadow Subdivision is recorded, which could provide vehicular access from other properties through Bodnar Lane into Highgate Greens. 2 These agreements between the parties are an integral part of the commitment of the parties to work together to include and annex the Satiryers Meadow Subdi«sion into Highgate Greens as the final section of the Highgate Greens community. WITNESS the folloti~ing signatures and seals this day of May, 2012: Real In~~estment Associates, Inc., a Virginia corporation ,~ ~ _Br-ian C. Lat•~~, r Highgate Greens Homeowners Association By: Bruce Klinger, President EAL) \\S~~kesw2k\users\AM\Conditional Rezoning\Real Im~estments Associates\2283 Princess Aisne Road\Memorandwn of Understanding.doc 3 19 VRINCE55 ANNE Real In~•estment Associates, Inc. ..",!n~~_'?_, AVireinia Cm'no-•atiun May 9, 2012 Public Hearing .....,, , k`~~Q"i - a - ~ r ~, ~ . APPLICANT: REAL C ~ _~r ~ ~d .3' `'C . ~ R20 ~ a ~ t -~ `~~•~~ INVESTMENT G4 1~' AC37 ~ ~'~ a -J - •. ~~~ ~~ ~~~~~~~~~ ~r~4~~ ~ ASSOCIATES, INC., ;, ~ - A~z~ ~ ~~ ' - A VIRGINIA ~~, ~ a}~ ~ ,~82; ~ R2o~ ~. ~~~ CORPORATION ~~ ~~s, ~, ~, . ~ } ~; ~ ~ c vy~ ttso %> „! ~ ~-cz ~~.' t r o ' PROPERTY OWNER: ~_:.~:. ~~ ~~.: ~o~d~~ona~iA~r~~ha~g~,ro,,,a~,~o~o„~~,a,R_,o WILLIAM HENRY SAWYER STAFF PLANNER: Karen Prochilo REQUEST: Conditional Chance of Zoning from AG- 1 and AG-2 Agricultural Districts to R-10 Residential District ADDRESS /DESCRIPTION: 2283 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24047207050000 PRINCESS ANNE 13 acres Less than 65 dB DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing agricultural property to asingle-family residential community. This property is directly adjacent to Highgate Greens, another single-family residential development. The applicant intends to develop twelve single-family residential dwellings on an extension of Bodner Lane in the Highgate Greens neighborhood. The proposal also includes retaining the current property owner's single-family dwelling that has access from Princess Anne Road for a total of 13 dwelling units. The new lots will range in size from 12,000 square feet to 26,000 square feet. The single-family dwellings will be a minimum of 2,400 square feet of living area for the 2-story homes and a minimum of 2,200 square feet of living area for the 1-story homes. The home styles are traditional in design with some Craftsman style elements. The exterior building materials are primarily brick front facades with vinyl siding on the side and rear walls. The roofing materials are primarily architectural-grade shingles with standing- seam metal roofs on porches or dormers. The applicant will dedicate 5.643 acres of open space to the City and place a perpetual agricultural /open space easement on 1.527 acres of the 2.468 acre parcel to be retained by the current property owner, Mr. REAL INVESTMENT ASSOCIATES, INC., A VIRGINIA CORPORATION Agenda Item 19 Page 1 Sawyer. The easement will preclude any future development and allow Mr. Sawyer or his successors in title to plant within the easement. The easement will not be used to raise livestock. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Rural residential SURROUNDING LAND North: • Princess Anne Road USE AND ZONING: Single-family dwellings & Mount Zion Methodist Church / R-20 Residential District South: Open space &single-family dwellings / R-20 Residential District (Open Space Promotion) East: Single-family dwellings (Highgate Greens) / R-20 Residential District (Open Space Promotion) West: . Rural residential &single-family dwellings / AG-1 Agricultural District & R-20 Residential District NATURAL RESOURCE AND The northern portion of the site closest to Princess Anne Road is a CULTURAL FEATURES: cultivated farm field. The southern two-thirds of the site is wooded. This property has been in the Sawyer Family for 80 years. COMPREHENSIVE PLAN: This property is within the Transition Area, which is characterized by many quality residential neighborhoods with significant areas of open space. The recommendations for this area applicable to the site are to: • Continue the tradition ofhigh-quality development by following the Transition Area Design Guidelines • Limit density to a maximum of one unit per acre • Cluster uses to minimize impervious surfaces, protect open spaces and optimize site amenity and design opportunities • Strive to achieve 50 percent open space • Design with nature • Incorporate swell-planned system of multipurpose trails, greenways and other linkages • Demonstrate the capacity of roadways and other infrastructure can support demand of discretionary development proposals • Employ energy efficient systems, preferably equivalent or higher than LEED Certified The vision for the Transition Area listed in the Transition Area Guidelines calls for: • larger open spaces (consolidation of smaller parcels) • connected corridors (wider buffers of open space, include vehicular and non-vehicular access, include greenways and/or waterways, provide wildlife movement, incorporate wetlands, acknowledge floodplains, incorporate stormwater management according to stormwater management plan) • interesting topographical relief (mature tree stands, hedge rows, land features) • larger, regional stormwater management areas (where conservation management practices not applicable) primarily open space (lower overall residential density, active and passive recreation areas, smaller nodes of commercial and/or mixed use, thematic architecture, small farming in areas) • roadways transition heading south (roads narrow, views open up) The Transition Area Design Guidelines list three categories to consider when planning development within the Transition Area: Natural Resources, Amenities, and Design. These three categories are assessed using the REAL INVESTMENT ASSOCIATES, INC., A VIRGINIA CORPORATi>ON Agenda Item 19 Page 2 Transition Area Matrix, which determines recommended density up to a maximum of one unit per developable acre. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Access to the proposed single-family homes would be from a 600-ft extension of Bodnar Lane. The existing portion of Bodnar Lane is a local/neighborhood street with afifty-foot right-of-way width. This roadway is not included in the City's Master Transportation Plan. The existing single-family home is to remain and is proposed to retain access from Princess Anne Road. This portion of Princess Anne Road is a two-lane minor suburban arterial with a variable right-of-way width. The City's Master Transportation Plan indicates an ultimate 70-foot right of way width for atwo-lane minor collector for this portion of Princess Anne Road, which assumes the completion of several other roadway projects in the area. No roadway CIP projects are currently scheduled for this portion of Princess Anne Road. TRAFFIC: Street Name present present Capacity Generated Traffic Volume Princess Anne 22,100 ADT 13,600 ADT (Level of Existing Land Use - Road Service "C") 10 ADT (1 peak hour) 15,000 ADT' (Level of Proposed Land Use 3- Service "D" Capacity) 130 ADT (13 Peak Hour) 16,200 ADT' (Level of Service "E" Bodnar Lane No count data 6,200 ADT (Level of available. Service "C") 9,900 ADT' (Level of Service "D" Capacity) 11,100 ADT' (Level of Service "E" Average Daily Trips s as defined by 12.87 acres zoned AG-1 (one single-family dwelling per 15 acres) a as defined b 13 sin le-famil dwellin s The proposed 12 homes increase trip generation to the site by approximately 120 vehicles per day. These additional trips will be accessing the site through the existing Highgate Greens neighborhood entrance. The internal street network of Highgate Greens, including the existing portion of Bodnar Lane as well as all connecting streets, appear to be able to adequately handle the vehicular trips added by this proposal. The section of Princess Anne Road in the vicinity of the existing single-family house as well as the entrance to Highgate Greens is currently ranked as the most congested segment of roadway in the City of Virginia Beach. Several CIP projects in the area, such as CIP 2.121.000 Nimmo Parkway-Phase-V-A, are expected to relieve some of this congestion, and the proposed plan does not appear to add significantly to this condition. CIP 2.121.000 is designed as a divided 4-lane, approximately 2.2 miles from Holland Road to General Booth Boulevard. Construction on this phase of Nimmo Parkway has begun with an anticipated completion date of July 2014. The cross-section of the proposed extension of Bodnar Lane should match the roadway cross-section of the existing portion of Bodnar Lane. DEVELOPMENT SERVICES CENTER: Downstream drainage from the development does not appear adequate. Downstream drainage easements are required with the development of this site. REAL INVESTMENT ASSOCIATES, INC., A VIRGINIA CORPORATION Agenda Item 19 Page 3 WATER: City water does not front the proposed 12 lots, but it may be extended for connection purposes provided hydraulic analysis supports the potential demand. Plans and bonds are required for construction extension of water. There is a 16-inch City water main in Princess Anne Road. There is an 8-inch City water line in Bodnar Lane. SEWER: This site currently connects to City sanitary sewer. Analysis of Pump Station #627 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8-inch Ciry sanitary sewer vacuum line in Princess Anne Road. There is a 4-inch City sanitary sewer vacuum line in Bodnar Lane. PARKS and RECREATION: The dedicated open space is adjacent to other City-owned open space associated with the surrounding neighborhoods, which makes it easier to manage as one large space. Parks and Recreation does not have any objection to the agriculture /open space easement over the Sawyer garden site. SCHOOLS: School Capacity Generation' Change s Enrollment Princess Anne Elementary 511 659 3 3 Princess Anne Middle 1,382 1,332 2 2 Kellam High 1,799 1,762 2 2 "generation" represents the number of students that the development will add to the school z "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be ositive additional students or ne alive fewer students . EVALUATION AND RECOMMENDATION The proposed single-family residential subdivision is in keeping with the surrounding area. Even though the proposed Conditional R-10 zoning is different than that of the adjacent R-20 Open Space Promotion in the Highgate Greens neighborhood, lot sizes and home quality in the two neighborhoods are similar. The areas proposed to be preserved as open space equal more than half of the total land area. While the submitted plan does not identify any natural features, aerial photography does show the wooded area, which coincides with most of the area to be preserved as open space. The northern area of open space is currently cultivated fields. Portions of this area are also to be preserved. The proposed development will still ensure views of open space from Princess Anne Road. The Transition Area Matrix was used to evaluate the proposal's consistency with land use and design goals for the Transition Area. The result was a score of 0.96 dwelling units per acre. This score translates to a total of 12.48 units for this 13 acre site. Staff concludes that this proposed development is generally consistent with the recommendations contained in the Transition Area Design Guidelines and with the Comprehensive Plan. The proposed plan for the community could be improved by continuing the extended Bodnar Lane as a stub street to the west so that any future development in this area could be served by this existing road, REAL INVESTMENT ASSOCIATES, INC., A VIRGINIA CORPORATION Agenda Item 19 Page 4 just as this proposed development can be served by the current Bodnar Lane stub street in Highgate Greens. Vehicular connectivity is an important component of any residential subdivision design. Staff, therefore, recommends approval of this Conditional Change of Zoning, which results in the addition of 12 new single-family dwelling units to the existing single-family dwelling that will remain. This recommendation comes with the following two caveats: Subject. to City approval, that the primary site development /construction entrance for the proposed development will not be through the existing residential neighborhood. The site plan should be revised to include an extension of the proposed Bodnar Lane to the undeveloped property to the west. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The property is developed it shall be subdivided into no more than twelve (12) new residential building lots, plus the existing Sawyer homesite, designated "RESIDUAL PARCEL #2283 PRINCESS ANNE ROAD, Total Area 2.468 Acres" substantially as depicted on the "REZONING EXHIBIT FOR REAL INVESTMENT, INC. SAWYERS MEADOW, VIRGINIA BEACH, VIRGINIA," dated November 27, 2011, and prepared by WPL ("Concept Plan"), ,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the property is developed, each of the twelve (12) new single-family residential dwellings to be constructed shall contain no less than 2200 square feet of enclosed living area, excluding garage for one- storyand no less than 2,400 square feet of enclosed living area, in excess of one-story. The "RESIDUAL PARCEL #2283 PRINCESS ANNE ROAD shall only have one single-family residential dwelling which shall be located outside the area designated "OPEN SPACEAREA TO BE RETAINED BY RESIDUAL PARCEL 1.527 ACRES". Neither the size nor architectural features of the home permitted on the "Residual Parcel" are regulated hereunder. PROFFER 3: When the property is developed, the twelve (12) new residential dwellings shall have the quality exterior design, architectural features and building materials substantially as depicted on the Exhibits entitled "HOME ELEVATIONS AT SAWYERS MEADOWS" which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 4: When the property is developed, the party of the first part shall subdivide, dedicate and convey unto the Grantee, for open space preservation, that portion of the Property designated "OPEN SPACE AREA 5.643 ACRES" substantially as depicted on the Concept Plan. PROFFER 5: When the property is developed as a condition of subdivision approval, the Grantors shall convey and record a Restrictive Easement, to the Grantor upon the southern portion of the "RESIDUAL PARCEL:#2283..: REAL INVESTMENT ASSOCIATES, INC., A VIRGINIA CORPORATION Agenda Item 19 Page 5 PRINCESS ANNE ROAD" depicted and designated on the Concept Plan as "OPEN SPACE AREA TO BE RETAINED BY RESIDUAL PARCEL 1.527 ACRES". The easement shall preclude in perpetuity the construction of any structures and shall only permit the owner of the "Residual Parcel" to grow crops as well as construct and maintain stormwater drainage improvements and facilities as approved by the Grantee. PROFFER 6: Further conditions may be required by the Grantee subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated November 30, 2011, and found it to be legally sufficient and in acceptable legal form. ,. REAL INVESTMENT ASSOCIATES, INC., A VIRGINIA CORPORATION Agenda IterYt 19 Page 6 AERIAL OF SITE LOCATION REAL INVESTMENT ASSOCIATES, INC., A VIRGINIA ORPORATION `~ 'agenda Item 19 `~ Page 7 ~. ;; " k, ,~. a;;~ '= ~ ~~: ~ ~; W d y~ ~~y,;. p ` 1 }K}^. ~`- I ~~, # ~, i~:.# ~~'~ 'v:~ ! . r ~ ~ ~ ~~ ,, y ~ O ~' ' ~ i d ~ ~ t?1 ~' ~. . ~ ~ {q ~ __........_.. ~i '' ~ ! ~~ i ( f ~ g }[i r i ~ -. E t ~ a b r.l J t,i Y ~; ~M e f~.~ ~ ~ z tk ~ ~ i~ g; o Ae, ~~ 1 C«~4 d.,, 7`: ~ ,dr.'s ~, ~ ~ ~`: y ' `o ~ ~ a g .' 4 1 r 'µS1 'a'C 'b t ~;L^i ~ ~ ~ ~ a n z R; 1 ~ f oaWa~ £ 3 3 ~g ~~~ ~: ~~~ ~~i y s ~ ~ .. .. . a u ~ ~i t~ ~i xirao~~~s ~ .,., . ......- a ~~ H ;~ g ~~~ ~ ~ 4 +~$~pH ~ ~ <C n> ~- x E-., w ~ ~~~ i ~~Sd~ i `Z~W a ~ C +~ x SYA Y S ~ ~ ~`.-" .. WWd~4 x ¢~ ~ fY, {~ Cn "~ ~ ~~~ ~~~~~ ~ ~ »X ~ ~~~ . sr A;; ar " ~ i .. OH "."-' ..... t PROPOSED SITE PLAN REAL INVESTMENT ASSOCIATES, INC., A VIRGINIA Benda Item 19 Page 8 ~~ ' h~ .~r -w~ by§_ Ct- ~~ .~ zz O Y~ zo I ~- ,~- .. _ o~ I '~; 9~ g I t ~`~` °- ~~ ,~ { I 1 ~~ `I ., ~~ ~~ `. ~ t' ~ -,i ~~ ~~ ~~~ ~ ~~ f~ it T :l ~~ ~~ ~, ~ ~ i " ~, ii ~~.~ i ~ ~~ 5> o ~'~~ v ' ~ ~j i ~ ~ ) . ~ ~Q : ~'~?. Y ll ~' SW / ~ Cc IiI i L__ - - -' ~ U O w _ ~F"~ ~ 0.10 4 x~Q £~ >G w >` W F- °a~ ~~~ ~ ~zw r tC O¢QuK ~r ~ Cl] ~5 `~~, ~~ '_ ~ > 3 BUILDING ELEVATIONS REAL INVESTMENT ASSOCIATES, INC., A VIRGINIA ~~ f~ `I ~ ~~. Wti1 ~` ~~• 1 ( ~ ~, ~J ~~ 1~t ~~ i® ~ i 40 o ~I~ ~\ T h ~..~ ~ -- ~ CORPORATION ',~ f agenda Item 19 ~~ Page 9 t~ i a,~ Y~..~,.-'.~' ~I~I I ~-_ PHOTOGRAPHS REAL INVESTMENT ASSOCIATES, INC., A VIRGINIA CORPORATION Agenda Item 19 `> Page 10 ~ 2 ' ~~ .,~ Bodnar Lane -Highgate Greens Sawyer Family Home -Princess Anne Road wivnw n~~ ~ vr~ ~ 1 2 3 10/12/2004 02/01 /2000 08/10/1999 Conditional Rezoning 2 Overlay) Conditional Rezoning Conditional Rezoning Floodplain Variance 1/AG-2 to R-15 w/ PDH- 1 /AG-2 to R-20) 1 /AG-2 to B-2) Denied a REAL INVESTMENT ASSOCIATES, INC., A VIRGINIA genda Item 19 Page 11 r J i+ ~t ~rL C.~~'~~ •~ I DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Real Investment Associates, Inc.: Brian C. Large, President; Howard R. Sykes, Jr., Vice PresidenUSecretarylTreasurer 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) O Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc, below: (Attach fist if necessary) William Henry Sawyer 2, List all businesses that have aparent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) X Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & `See next page for footnotes Conditional Rezoning Application Page 11 01 t2 Revised 911ROD4 Z O a a.. c~ z 0 N Z O H A Z O V DISCLOSURE STATEMENT ~, ; REAL INVESTMENT ASSOCIATES, INC., A VIRGINIA CpRPORATION agenda Iterrn 19 Page 12 Transition Area Matrix ~ Allowable maximum residential density for any rezoning in the Transition Area under the policies of the Comprehensive Plan is 1 unit per acre. The maximum density can be achieved through adherence to the Evaluative Criteria provided below and further explained in the Design Guidelines for the Transition Area. Each section of the Evaluative Criteria below ties to the Design Guidelines through the graphic icon at the top of the section. For further guidance on the respective section of the Matrix, turn to the page of the Guidelines that has the corresponding graphic icon. Staff will 'score' the proposed development for its consistency with the Evaluative Criteria below. The scores are then totaled and the total is 'plugged' into the formula below to determine the recommended maximum density for the development. PROJECT: Real Investment Associates, Inc. PROJECT DATE: May 9, 2012 MATRIX REVIEW DATE: February 16, 2012 Evaluative Criteria Total Comments Natural Resources Degrees to which the project preserves and integrates into the 2.~0 overall project the natural resource amenities on the site. Amenity Nature and degree of the 3.75 ameni Design Degree to which the project 4.25 incorporates good design into the project (A) TOTAL: 10 (B) TOTAL / 11 possible points .91 (C) TOTAL / 11 * 0.5 = .46 (D) Line (C) + 0.5 du/acre = .96 (E) Line D * total 12.48 developable acres ( ) _ Line A -- total number of points from the worksheets on the following pages. Line B -- total divided by the total number of possible points, which is 11 Line C -- total from Line B multiplied by 0.5, which is the amount between the baseline density of 0.5 dwelling units per acre and the possible 1 dwelling unit per acre (du/ac). Line D -- total from Line C added to 0.5 du/ac (the baseline density) to obtain the maximum density for the site. Line E -- total from Line D multiplied by the number of developable acres on the site, thus providing the maximum number of units for the site. Transition Area Matrix Page 1 of 6 (11 Natural Resources r~ . Existing forests, wetlands, meadows, cultivated fields, and related features Total a) Are natural resources protected? Comments: Yes, portions of the cultivated farm field and YES X (0 to 1 point) 1.0 wooded area have been protected. NO ^ (0 points) b) Are natural resources integrated into project? Comments: Yes, portions of the cultivated farm field and YES ^ (o to 1 point) 1.0 wooded area have been integrated. NO ^ (0 points) NATURAL RESOURCES TOTAL 2 ~ Insert in appropriate box on page 1 Transition Area Matrix Page 2 of 6 (21 Amenity A feature that increases the attractiveness or value of the site consistent with the goals and objectives of the Total Comprehensive Plan for the Transition Area. a) Is the amenity, if present, visually or operationally available to those who do not own property in the development? Comments: Yes, the view from Princess Anne Road is YES ^ (0 to 1 point) 1.0 proposed to remain the same which is of a single family home with farmland behind. The adjacent residential development will still be able to visually enjoy the wooded area. NO ^ (0 points) b) Does the amenity consist of recreational components? Comments: There is no active recreational component. The opportunity for a passive recreational YES ^ (o to 1 point) 0.75 component has been discussed with the Parks and Recreation Department. Currently there may be an opportunity with open space property to the south of this wooded open space. NO ^ (0 points) Transition Area Matrix Page 3 of 6 c) Are improvements made that provide visual or physical access to the natural resources on the site OR are improvements made to create a new amenity to the property? YES ^ (0 to 1 point) 1.0 Comments: Yes, this site allows for opportunities to visually see the open space or cultivated The opportunity for a physical farm field . access will be coordinated with the Parks and Recreation Department if desired. NO ^ (0 points) d) Is there connectivity linking any open space and/or amenities between this development and adjacent existing or future developments? Comments: YES ^ (0 to 1 point) 1.0 Yes, there is connectivity linking the wooded open space with the open space property to the south. NO ^ (0 points) AMENITY TOTAL 3 75 Insert in appropriate box on page 1 . Transition Area Matrix Page 4 of 6 (31 Design . _ Creation or execution in an artistic or highly skilled manner consistent with the goals and objectives of the Comprehensive Plan for the Transition Area. Total a) Are natural or manmade water features incorporated into the development in a way that they serve as amenities? Comments: A BMP is incorporated into the development YES ^ (o to ~ point) .50 between the existing single family and the proposed residential development. NO ^ (0 points) b) Is there an attempt to integrate the amenities as an integral part of the overall development? Comments: There is an attempt to integrate the two YES ^ (o to ~ point) .75 types of open space, the cultivated farm field and the wooded area, into the overall development. NO ^ (0 points) Transition Area Matrix Page 5 of 6 c) Does the development retain or create views or scenic vistas that can be seen from the road? Comments: YES ^ (0 to 1 point) 1.0 Yes, the proposal does retain the view from the street as well as views from the existing adjacent residential development. NO ^ (0 points) d) Is a mixture of lot sizes and the clustering or massing of homes used to achieve a primarily open space development? Comments: YES ^ (0 to 1 point) 1.0 Yes, the proposal does incorporate a mixture of lot sizes and clusters the homes to achieve open space. NO ^ (0 points) e) Does the development use roadway and "hard infrastructure" that is appropriate for its design? Is it consistent with the vision and recommendations of this area as expressed in the Comprehensive Plan? YES ^ (0 to 1 point) 1.0 Comments: Yes, the proposal does use roadway and riate for this ro e a h d i f t t ruc ur pp p ar n ras design. This proposal also coordinates its road connection with the existing residential development it will tie into. NO ^ (0 points) DESIGN TOTAL 4.25 Insert in appropriate box on page 1 Transition Area Matrix Page 6 of 6 Item # 19 Real Investment Associates, Inc. Conditional Change of Zoning 2283 Princess Anne Road District 7 Princess Anne May 9, 2012 REGULAR An application of Real Investments Associates, Inc. for a Conditional Change of Zoning from AG-1 & AG-2 Agricultural Districts to R-10 Residential District on property located at 2283 Princess Anne Road, District 7, Princess Anne. GPIN: 24047207050000 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The property is developed it shall be subdivided into no more than twelve (12) new residential building lots, plus the existing Sawyer homesite, designated "RESIDUAL PARCEL #2283 PRINCESS ANNE ROAD, Total Area 2.468 Acres" substantially as depicted on the "REZONING EXHIBIT FOR REAL INVESTMENT, INC. SAWYERS MEADOW, VIRGINIA BEACH, VIRGINIA," dated November 27, 2011, and prepared by WPL ("Concept Plan"), ,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the property is developed, each of the twelve (12) new single-family residential dwellings to be constructed shall contain no less than 2200 square feet of enclosed living area, excluding garage for one-story and no less than 2,400 square feet of enclosed living area, in excess of one-story. The "RESIDUAL PARCEL #2283 PRINCESS ANNE ROAD shall only have one single-family residential Item # 19 Real Investment Associates, Inc. Page 2 dwelling which shall be located outside the area designated "OPEN SPACEAREA TO BE RETAINED BY RESIDUAL PARCEL 1.527 ACRES". Neither the size nor architectural features of the home permitted on the "Residual Parcel" are regulated hereunder. PROFFER 3: When the property is developed, the twelve (12) new residential dwellings shall have the quality exterior design, architectural features and building materials substantially as depicted on the Exhibits entitled "HOME ELEVATIONS AT SAWYERS MEADOWS" which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 4: When the property is developed, the party of the first part shall subdivide, dedicate and convey unto the Grantee, for open space preservation, that portion of the Property designated "OPEN SPACE AREA 5.643 ACRES" substantially as depicted on the Concept Plan. PROFFER 5: When the property is developed as a condition of subdivision approval, the Grantors shall convey and record a Restrictive Easement, to the Grantor upon the southern portion of the "RESIDUAL PARCEL #2283 PRINCESS ANNE ROAD" depicted and designated on the Concept Plan as "OPEN SPACE AREA TO BE RETAINED BY RESIDUAL PARCEL 1.527 ACRES". The easement shall preclude in perpetuity the construction of any structures and shall only permit the owner of the "Residual Parcel" to grow crops as well as construct and maintain stormwater drainage improvements and facilities as approved by the Grantee. PROFFER 6: Further conditions may be required by the Grantee subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated November 30, 201 1, and found it to be legally sufficient and in acceptable legal form. Item # 19 Real Investment Associates, Inc. Page 3 AYE 10 NAY 0 ABS 0 ABSENT BERNAS AYE FELTON AYE HENLEY AYE HODGSON ABSENT HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 19. Eddie Bourdon appeared before the Commission on behalf of the applicant. Les Watson representing Highgate Green Homeowner Association, appeared before the Commission in support. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-8300 TO: Mark D. Stiles FROM: B. Kay Wilso DATE: June 14, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; ;Real Investment Associates, Inc./William Henry Sawyer The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 26, 2012. I have reviewed the subject proffer agreement, dated November 30, 2011 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen REAL INVESTMENT ASSOCIATES, INC., a Virginia corporation WILLIAM HENRY SAWYER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 3oth day of November, 2oii, by and between REAL INVESTMENT ASSOCIATES, INC., a Virginia corporation, Grantor, party of the first part; WILLIAM HENRY SAWYER, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: PREPARED BY: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately i3.oo acres as described in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part as contract purchaser of a portion of the Property has, along with the party of the second part, initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-~ to Conditional R-lo; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 2404-72-005 Prepared By & Return To: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 28i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-lo Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro .quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or PREPARED BY: Q.: SPICES. ~OUR~DON, d~ ~1~IERN ~ LEVY, P.~. title: i. When the Property is developed it shall be subdivided into no more than twelve (i2) new residential building lots, plus the existing Sawyer homesite, designated "RESIDUAL PARCEL #2283 PRINCESS ANNE ROAD, TOTAL AREA 2.468 ACRES" substantially as depicted on the "REZONING EXHIBIT FOR REAL INVESTMENT, INC. SAWYERS MEADOW, VIRGINIA BEACH, VIRGINIA", dated November 27, 2oii, and prepared by WPL ("Concept Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the P"roperty is developed, each of the twelve (i2) new single family residential dwellings to be constructed shall contain no less than 220o square feet of 2 PREPARED BY: Q.: SY~CES. ~(~URDt)N, d~ ~dttRN & LtVY, P.C. enclosed living area, excluding garage for one-story and no less than 240o square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage for a minimum of two (2) vehicles. The "RESIDUAL PARCEL #2283 PRINCESS ANNE ROAD" shall only have one single family residential dwelling which shall be located outside the area designated "OPEN SPACE AREA TO BE RETAINED BY RESIDUAL PARCEL i.52~ ACRES". Neither the size nor architectural features of the home permitted on the "Residual Parcel" are regulated hereunder. 3. When the Property is developed, the twelve (i2) new residential dwellings shall have the quality exterior design, architectural features and building materials substantially as depicted on the Exhibits entitled "HOME ELEVATIONS AT SAWYERS MEADOWS" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 4. When the Property is developed, the party of the first part shall subdivide, dedicate and convey unto the Grantee, for open space preservation, that portion of the Property designated "OPEN SPACE AREA 5.643 ACRES" substantially as depicted on the Concept Plan. 5. When the Property is developed, as a condition of subdivision approval, the Grantors shall convey and record a Restrictive Easement, to the Grantee upon the southern portion of the "RESIDUAL PARCEL #2283 PRINCESS ANNE ROAD" depicted and designated on the Concept Plan as "OPEN SPACE AREA TO BE RETAINED BY RESIDUAL PARCEL 1.52 ACRES". The Easement shall preclude in perpetuity the construction of any structures and shall only permit the owner of the "Residual Parcel" to grow crops as well as construct and maintain stormwater drainage improvements and facilities as approved by the Grantee. 6. Further conditions may be required by the Grantee subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning 3 Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, i95o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (~) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with. such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may bey appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereon prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map they existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. PREPARED BY: ~' . C 9~H~~ 1, $$~11121D(~i~l. ~a~~ ~a]~Id~~ ~ ~.~~Y, 8-.~.. 4 WITNESS the following signature and seal: Grantor: Real Inve: a Virginia By: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: t Associates, Inc., R. Sykes, Jr., Vice President EAL) The foregoing instrument was acknowledged before me this 1St day of December, 2oii, by Howard R. Sykes, Jr., Vice President of Real Investment Associates, Inc., a ~, Virginia corporation, Grantor. r~ J Notary Public PREPARED BY: ~~,{i~ ~ 4 ~.~~i, Yb{~ V ~~~~'~1~. My Commission Expires: August 3i, 2oi4 Notary Registration No.: 192628 5 WITNESS the following signature and seal: Grantor: ~~u 1~-~.~,,,rti,.~ .-.~..~...~..T (SEAL) ~'~~' ` William Henry Sawyer / , ~O .C~. P~ cbc~l~g COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of December, 2oi1, by William Henry Sawyer , tor. No ary Publicv My Commission Expires: ~ 3~" ~wtw~ Notary Registration No.: o f3~~0 ~-~ Cr~oNA of Yvginio wta~tont~o«.3i, sot3 R~yishotior A` 3S363t? PREPARED BY: ~YIC1:S, ~(-ITI2L®N, d~ f~III:RN ~ Lam', P.C. 6 EXHIBIT "A" LEGAL DESCRIPTION All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, and being more particularly described as follows: Beginning at a post in ditch on the South side of the public road leading to Princess Anne Court House and running thence along said road S 84° lo' E, 374 feet to a sweet gum stump in the line of Parker; thence along East side of a ditch dividing the land hereby conveyed and Parker's land S 13° oo' E, 1393 feet to a pin; thence S 12° 49' E, 402 feet to a pine stump; thence S 25° of W, 398 feet to a scragg pine; thence S 88° 10' W, 7 feet to an axle; thence N 14° 20' W, 394.6 feet to axle in pine stump; thence N 13° 15' W, 262 feet to 4-pronged oak; thence S 65° 14' W, 57 feet to the East line of the property assigned to Thomas L. Cason and thence along said line N 14° 05' W, 1587 feet to the point of beginning, and continuing 14.7 acres according to lat of a survey made by W.B. Gallup, County Surveyor, Dec. 18.1943• Less and except that portion conveyed by Deed recorded in Deed Book 798, Page 592 at Virginia Beach Circuit Court Clerk's Office; and Less and except that portion conveyed by Deed recorded in Deed Book 1023, Page 289 at above referenced Clerk's Office; and Less and except that portion dedicated to City of Virginia Beach for street purposes as shown on plat recorded in Map Book 59, Page 13 at above referenced Clerk's Office. \\Sykesw2k\users\AM\Conditional Rezoning\Real Investments Associates\2283 Princess Anne Road\Proffer.doc PREPARED BY: d~ 1~11i:liN ~ 1~I:VY.1>.1~. 7 v L •' •' 1 1 •' c ., J J a W ~1 1 a 0 of 0 d a c ~o s V 01 C ._ O N U ~ `r N ~CH.,1 ~ ~ ~`iL~) ~ ~ S! i~ '- ~~ t'+ ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Change of Zoninu District Classification, R-7.5 Residential and H-1 Hotel to P-1 Preservation, 3427 Club House Road (GPIN 1486881482; 1486788331; 1486789601). ROSE HALL DISTRICT. MEETING DATE: June 26, 2012 ^ Background: The Bow Creek Recreation Center and golf facilities (pro shop, snack bar and cart barn) will be replaced (CIP 4-505), and design of the new facility is underway. The property is a mix of residential and hotel zoning districts. As the site has been a recreational amenity for many years and will continue to be for the long term, a rezoning to P-1 Preservation District to limit the uses on the property is warranted. ^ Considerations: The proposal is to demolish the existing center, pavilion, playground, and parking lots, and construct a new two-story facility with improvements to parking, circulation, stormwater, and site amenities. The golf course will remain open during construction and year-round play will continue. Significant improvements to the stormwater drainage system are planned, including 1.5 acres of constructed wetlands to capture and treat not only the site's water but also treat, to some extent, offsite drainage from the adjacent neighborhoods. The building will be a LEED-certified structure, with approximately 69,000 square feet of floor area. The improvements on the site have far reaching benefits to the community. Not only will the modernized facility provide outstanding recreational activities, the environmental retrofits in terms of flood relief and stormwater treatment for 65 acres of currently untreated stormwater are significant. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map City of Virginia Beach -Bow Creek Recreation Center Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S ~ „~~ ROSE HALL rin~~ ~>-s City- of Virginia Beach ~~ ~ -: r ' ~ ~ ' a , ~ ~ ~~ ~ . ~ ' ~ . ~ ~~~ ~ _ _ ~ ~ , ~ ~y ~ i , r ~ ~, ~,~ ~ r~ , 1, z , y r~ ~ w~ t a ~ ~ ~ ~ ~ j~ ~ ~ ii ;~ ~ ~ ~ ~ ~ ~ ~ , i ~~ '~ ~ ~ ~ ,+ , ~ ,~ ~ ~ ~ , ~ ~ II I ' ~ ' ~ ~ i ~~ fi ~ ;, ; ~ ~ ~ / ~ ,~ ,~ ~ ~ ~ , , ~ ~ F ~ ; ~; ~ ! ' ~ ,~ `i, ~~'~ , ~ ~ ~ P ~5- `' ~ ~' ~ ~a I ~ _ ~ ~ . , ~ ~ , ~ ~ ,,~ Zoning Change from H-! and R7.S [o P-7 12 May 9, 2012 Public Hearing APPLICANT & PROPERTY OWNER: CITY OF VIRGINIA BEACH - DEPARTMENT OF PARKS & RECREATION STAFF PLANNER: Carolyn A.K. Smith REQUEST: Change of Zoning (R-7.5 Residential District and H-1 Hotel District to P-1 Preservation District) ADDRESS /DESCRIPTION: 3427 Club House Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14868814820000 ROSE HALL 61,703.27 SF 65-70 dB DNL 14867896010000 12,449.55 SF 14867883310000 155,714.70 SF SUMMARY OF REQUEST The City of Virginia Beach is finalizing plans for the replacement of the existing Bow Creek Recreation Center and golf facilities (pro shop, snack bar and cart barn). The property is a mix of residential and hotel zoning districts. As the site has been a recreational amenity for many years and will continue to be for the long term, a rezoning to P-1 Preservation District to further limit the uses on the property is warranted. The proposal is to demolish the existing center, pavilion, playground, parking lots and construct a new two story facility with improvements to parking, circulation, stormwater and site amenities. The golf course will remain open during construction and year round play will continue. Significant improvements to the stormwater drainage system are planned including 1.5 acres of constructed wetlands to capture and treat not only the site's water but also treat to some extent offsite drainage from the adjacent neighborhoods. The building will be a LEED certified structure, approximately 69,000 square feet. Anew playground, a golf pro shop and clubhouse, and a golf cart storage building are also planned. CITY OF VIRGaNIA BEACH BOW CREEK RECREATION CENTER Agenda Item 12 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: recreation center and golf course SURROUNDING LAND North: . Club House Road USE AND ZONING: • Single-family homes / R-7.5 Residential District South: Single-family homes / R-7.5 Residential District East: Single-family homes / R-7.5 Residential District West: • Single-family homes / R-7.5 Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. The site is sparsely CULTURAL FEATURES: wooded with an eroding drainage ditch that receives stormwater from the adjacent neighborhood. Portions of the ditch are within the Resource Protection Area (RPA) which is the most strangely protected portion of the Chesapeake Bay Preservation Area (CBPA). In February 2012, the CBPA Board approved a variance for improvements to this drainage system that included creating wetlands with two sediment forebays. These improvements are part of an overall LEED strategy to capture and treat stormwater for the recreation center site as well as provide partial retrofit for of the untreated stormwater from the surrounding community. The stormwater retrofit is partially funded by the Department of Public Works and may be a component of the city's overall strategy to meet the United States Clean Water Act, Total Maximum Daily Load mandates imposed by the Environmental Protection Agency. EVALUATION AND RECOMMENDATION The Bow Creek Recreation Center will be replaced under CIP 4-505 and design of the new facility is underway. Staff views this rezoning request as a "housekeeping" item to provide consistent protection and zoning of P-1 Preservation District over the entire site. Consistent with the intent of the P-1 District, the site will continue to be used as a public recreation center and golf course. With the replacement of the facility, significant improvements to the stormwater drainage system are planned including 1.5 acres of constructed wetlands to capture and partially treat offsite drainage from the adjacent neighborhoods. The surrounding neighborhoods were all constructed prior to the City's adoption of any stormwater management measures. All of the stormwater from the recreation center will be treated either in the wetland system or by other on-site techniques. The building will be a LEED certified structure just under 69,000 square feet. Anew playground, a golf pro shop and clubhouse, and a golf cart storage building CITY OF VIRGINIA BEACH BOW CREEK RECREATION CENTER Agenda Item 12 Page 2 are all planned. The improvements on the site have far reaching benefits to the community. Not only will the modernized facility provide outstanding recreational activities, the environmental retrofits in terms of flood relief and stormwater treatment for 65 acres of untreated water are significant. CITY OF VIRGINIA BEA~;H - BOW CREEK RECREATION CENTER Agenda Item 12 Page 3 AERIAL OF SITE LOCATION CITY OF VI BOW CREEK RECR Page 4 ~,»' .~ '~ ~f DIIF ryct ~~~'.'./(~, ~~ ~t~~~ A BEACH - iN CENTER ~~~ nda Item 12 Conceptual Site Plan Bow Creek Recreation Center :,., MOSELEYARCHITECTS hlastings+Chlvetta w..+na.m~ CONCEPTUAL SITE LAYOUT CITY OF VIRGINIA BEACH - ~'~~ BOW CREEK RECREATION CENTER Agenda Item 12 ~ Page 5 ~~ k~ i OAF NP}~.. ', ~..i i ZONING HISTORY # DATE REQUEST ACTION 1 05/12/09 CUP communication tower Granted 2 12/14/70 REZ (R-6 to P-1) Granted 02/10/70 Street Closure Granted 12/09/68 REZ (RS4 to T2) Granted 12/10/68 CUP hotel Granted 3 10/19/77 REZ R-6 to H-1 Withdrawn ~ ~ ~,,~ s yY JF ~ "° , { ~lIR H~'~~ ~/ DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach fist if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) V ^/ Checc here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, ~mplete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) City of Virginia Beach 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relatfonship with the applicant: (Attach fist if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official ore loyee of City of Vi inia Beach have an interest in the O rg subject land? Yes /~ No If yes, what is the name of the official or employee and the nature of their interest? ~~ James K. Spore, City Manager. Property is operated as a public rec center and golf course. Rezoning Application Page 9 of 10 ReviSad 17/1112f)06 DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH - BOW CREEK RECREATION CENTER Agenda Item 12 Page.. DISCLOSURE STATEMENT O V a a C7 z z 0 N ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, inGuding but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: {Attach list if necessary) WPL Kimley-Hom Assoaates Moseley Architects Hastings and Chavetta Architects ' '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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. z 'Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a Gose working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled fa public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the sched led public hearing arx:ording to the instructions in this package. The undersigned also consents t ntry upon the subject property by employees of the Department of Planning to photograph view the site for purposes of processing and evaluating this application. Michael J. Kalvort, P&R Director Appli s ignature Print Name James K. Spore, City Manager Prop Owner's Signature r nt an applicant) Print Name Rezoning Application Panes to nt 1n DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH - BOW CREEK RECREATION CENTER Agenda Item 12 Page 8 City Council of Virginia Beach biacor William D Sessoms, Jr. Ja4mry 1, 2009 m DK<mb<r 31, 1011 14u`cgl Ctraer Cer Mu, Bu3dinq el 1w1 rwaet,<ari.< Vepinia kad, YA 23154 Olke 175n 365-1561 m.TY3<c. zo 11ee Masror Louis RJones - Ba~Side J.ne.ry 1, 2011 m December 31, 201 < 2101 Cmrzhavst Ovwe Coy w6, BWd'mp <I 3Ymidwl Cesar Vk91Ne kad, VA 23456 work nsn se3.o177 Home p5 n 164-2151 u~Y6eev ce Glenn R. Dads -Rose Hall JerNary 1, 20D9 m Denmbtr 31, IOI1 x101 CsuMouee Drive Cfry MW, Ba7dinp ti H.Ndotl Gaer WpYNa ked. V4 23456 Olke (7571353-4914 tan,+t.bt< Bill R DeSteoh -.I.t Large Jemrery 1, 2011 m Dtc<mber 31, 2014 2401 Ceurrhauae Drive Cq M46, kid'nq el Nunidad Comer Virgins kaG, VA 13456 Memo'. (75n 4%-4046 CeV nsn 339-0105 L~+•+leohavmev mm riam~ >r. u3ezeJ - xemos3De Jenw.v 1,1006 m Otcem0ez 31, 2013 1101 CauNwn Orin CAY wtl, Bu3tlnp <I Abaiupel [eat Yugiit kadr, YA 33156 ele4m. nsn 41o-v:4 Fax: nsn 3as-s669 heaKZ<ItV6ee. c<m Bo~'er - Centersille 3ar4rary 1,1009 m December 31, 1011 1401 CewNawe pn City Nt1, Bu36q 41 3bmicipJ Comer V1rp4w kad, VA 73456 wae.I7Sn 467-3130 bd.azvk.:~ Barbara Af. Hen1eY - Prineess?.71ne Jam.ry 1, x011 m December 31, x011 x4o1 cwN~mrt<ain Gq w3, Baadb~9 al MuNapJ Carer VnASa keN, VA 13456 No4m (75n 110-7501 bMNer+SVkty mm John D. Moss - At Large Nsnmber 10. IO1 lm December 31, 2011 1401 CwMeuu Drive CAy we. 8u30iq s1 Mmi fi pY Ce~rmr V<piNe ked, VA 23156 ci.hnac.. et: John E Uhrin -Beach Jtn<.ry 1, 2011 ro December 31, 201• 2101 Ca+Nwse Drive Qq Ne6, Bu6dbp of Huni[gY Carmr VeplnN kedr, YA 23456 work. nsn too-loos i~hrmBVe«, [ Roseman• Wilson - At Larg January I, 2009 m December 31, 2012 2401 Coordmuse Drive CAy Hdi, Bu2lkng 41 Atuni4pel Cer4er Wrpinia 8ea[b, VA 23156 Home: 17571422-0733 t sanffYBaov cam James L. ~4ood - Ltinnhaven Jemmry 1, 1011 m December 31, 2014 1401 Ceurtlioute lAive Coy Hall, Building 41 Mpnidpal Cenmr Viryma Bea[h, VA 13456 Work. 175n 340-817 7 Fu (7571498-63N .hmoezvs<a..[om DISCLOSURE STATEMENT CITY OF VIRG1NiA BEACH - , BOW CREEK RECREATION CENTER Agenda Item 12 ' Page„ 9 Item # 12 City of Virginia Beach -Department of Parks & Recreation Change of Zoning 3427 Club House Road District 3 Rose Hall May 9, 2012 CONSENT An application of the City of Virginia Beach, Department of Parks and Recreation for a Change of Zoning from R-7.5 Residential District and H-1 Hotel District to P-1 Preservation District on property located at 3427 Club House Rose, District 3, Rose Hall. GPIN: 14868814820000, 14867896010000, 14867883310000. AYE 10 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 12 for consent. Barbara Duke appeared before the Commission on behalf of the applicant. M. APPOINTMENTS ARTS and HUMANITIES COMMISSION BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION TOWING ADVISORY BOARD THE SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC. (STOP) TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS (HRT) N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK' S OFFICE at 385-4303 CITY COUNCIL RETREAT Friday, August 3, 2012 Economic Development Conference Room CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 6/12/2012 D S PAGE: 1 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D I BRIEFING: HUMAN RIGHTS COMMISSION Fay B. Silverman, Annual Report Chair IUIIUN/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VNU E SESSION F MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y INFORMAL and FORMAL SESSIONS May 22, 2012 G/H/1 PUBLIC HEARINGS EXCHANGE OF EXCESS PROPERTY NO SPEAKERS Emmanuel Episcopal Church - 5221 Princess Anne Road 2 PERSONAL PROPERTY TAX - NO SPEAKERS Exemption Trust for Public Land 3 LEASE OF CITY-OWNED PROPERTY NO SPEAKERS 910 Atlantic Avenue ba Scrambled 2224 Atlantic Avenue t/a Pier 23 U1 Ordinances to AMEND the City Code: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. §2-5 re Historic Preservation Commission b. §§ 28-70.1/28-8.1 re Civil Penalties re Sewer Use/Fats/Oils/ Grease (FOG) 2 Ordinance DECLARE certain parcels on ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Princess Anne Road as EXCESS property/ CONSENT AUTHORIZE all documents with Emmanuel Protestant Episcopal Church Trustees 3 Resolution to ENDORSE the Envision ADOPTED, BY 10-1 Y Y Y Y Y Y N Y Y Y Y Virginia Beach 2040 Committee Report/ CONSENT DIRECT City Manager pursue focus areas in the Report 4 Resolution OPPOSING the Mining of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Uranium in the Commonwealth of Virginia CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 6/12/2012 D S PAGE: 2 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D 5 Ordinance to AUTHORIZE Agreement ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y between the City/Virginia CONSENT Aquarium/Marine Science Center Foundation, Inc. re documenting beneficial relationship/ clarifying responsibilities 6 Resolutions re VRS Contributions to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y provide: CONSENT a. Certification re member contributions by salary reduction b. City Council's Certification of its Employer Contribution Rate a City Council's concurrence with School Board's Election of a Board- Certified Rate 7 Ordinance to DESIGNATE the Trust for ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Public Land as EXEMPT from local CONSENT ReaUPersonal Property Tax 8 Resolution to AUTHORIZE water/sewer ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y service to a Lessee or Tenant without CONSENT written authorization of the property owner 9 Ordinance to AMEND the FY2013 School ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Boazd Budget request to $847,516,620 with CONSENT reductions in the following: a. School Technology b. Instruction c. Administration, Attendance and Health d. Transportation e. Operations and Maintenance f City Manager's adjustment g. School Grants fund h. School Athletic Fund l0 Ordinance to AMEND FY 2013 Budget ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Housing/Neighborhood Preservation re CONSENT increases in appropriations: a. $ 1,239 Federal HOME Program b. $790,285 Housing Choice Program c. $324,867HCV Portability Program Ordinance GRANTING Franchise 11 Agreements for Open Air Cafes: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y a. 910 Atlantic Avenue Ua Scrambled CONSENT b. 2224 Atlantic Avenue ba Pier 23 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 6/12/2012 D S PAGE: 3 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D 12 Ordinances to ACCEPT/ APPROPRIATE/I'RANSFER funds: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y a. $2,750 donation from Arthur/Janet CONSENT Bartlett re AEDs for Police vehicles b. $490,000 from Reserve for Contingencies within ADOPTED, BY 9-2 Y N Y Y Y Y N Y Y Y Y Telecommunications Internal Service CONSENT Fund re centralized bill payments J/l COASTAL ENTERPRISES, LLC fora APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Floodplain Variance re a storage building CONDITIONED, BY CONSENT at 601 Sandbridge Road (DISTRICT 7 - PRINCESS ANNE) 2 THALIA AUTOMOTIVE SERVICES, DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC/GEORGE P. CHRISTODAULIES, JULY 10, 2012, BY CONSENT CUP Modification to ADD automotive repair at 4300 Virginia Beach Boulevard (Approved on January 25, 1994) (DISTRICT 5 - LYNNHAVEN) 3 IOtOGER LIMITED PARTNERSHIP APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y I/SUPER HOLLAND ASSOCIATES, CONDITIONED, LLP, CUP re auto service (fuel sales) at BY CONSENT 3901 Holland Road (DISTRICT 3 ROSE HALL 4 WHEEL AND RIM REPAIR, INC. CUP APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y re autorepair at 3428 Chandler Creek Road CONDITIONED, BY CONSENT (D[STRICT 3 -ROSE HALL) 5 CALVARY CHAPEL CUP Modification APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y re a church at 5230 Indian River Road CONDITIONED, BY CONSENT (Approved April 10, 2007) (DISTRICT 2 - ICIiMPSVTLLE) 6 MICHAEL H. NORMENT/JOAN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y DALIS CUP re commercial parking lot at CONDITIONED, BY CONSENT 3233 Pacific Avenue (DISTRICT 6 - BEACH 7 RICHARD DOUMMAR/BALBOA, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y L.L.C. CUP re commercial parking lot at CONDITIONS BY WISED 29~' Street/Pacific Avenue (DISTRICT 6 - , CONSENT BEACH) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 6/12/2012 D S PAGE: 4 E D H E ~' D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D 8 KROLL ENTERPRISES, INC. / N& K APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y PROPERTIES, LLC AND B & W PROFFERED PROPERTY DEVELOPMENT, LLC COZ from AG-2/AG-1/ R-15B -1 to Conditional R-7.5 at Nimmo Pazkway/Camino Real Street (DISTRICT 7 - PRINCESS ANNE) 9 CITY AMEND Section 1110 CZO to ADOPTED, BY 10-1 Y Y Y Y Y Y N Y Y Y Y allow certain uses as "conditional" in PD- CONSENT H1 District. K APPOINTMENTS RESCHEDULED B Y C O N S E N S U S ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BOARD OF BUILDING CODE APPEALS CSB HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION STOP TOWING ADVISORY BOARD TTDC BIKEWAYS and TRAILS ADVISORY Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE 3-Yr. Term 7/1/12-6/30/15 William Hart, Jr. Appointed 3-Yr. Term 7/1/12-6/30/15 Angela "Angie" Hathaway PUBLIC LIBRARY BOARD Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y Unexpired thru 8/31/14 Guy Tower VBCDC Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y Unexpired thru 12/31/15 Kenneth Longo CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 6/12/2012 D S PAGE: 5 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D ADJOURNMENT 8:07 PM PUBLIC COMMENT - 6:31-6:43 PM 4 SPEAKERS CITY COUNCIL RETREAT Friday, August 12, 2012 Economic Development Conference Room CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT 2012 CITYHOLIDAYS Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November Z2 Friday, November 23 Monday, December 24 Tuesday, December 25 Independence Day Labor Day Veteran's Day Thanksgiving Day DayAj'ter Thanksgiving Christmas Eve (half-day) Christmas Day