NOVEMBER 13, 2012 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside -District 4
GLENN R. DAMS, Rose Hall - District 3
WILLIAM R. 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 WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER —JAMES K. SPORE
CITY COUNCIL AGENDA
CITYA7TORNEY-MARK D. STILES
C17T ASSESSOR — JERALD D. BANAGAN
CI7'YAUDITOR—LYNDONS. REMIAS
13 November 2012
CITY CLERK — RUTH HODGES FRASER, MMC
I. CITY MANAGER'S BRIEFINGS - Conference Room -
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (75 7) 385-5669
E-MAIL: Ctycncl@vbgov.com
A. REVIEW OF ARENA PROJECTIONS AND STUDIES
Warren Harris, Director, Department of Economic Development
Mike McGee, President, BARMAC, Inc.
Bill Rhoda, Principal, Convention, Sports and Leisure International
B. YMCA — PRINCESS ANNE COMMONS TERM SHEET
Billy George - YMCA President
Barbara Duke — Parks and Recreation
C. REAL ESTATE ASSESSMENT AND COLLECTION SYSTEM PHASE II -
Business Revenue and Personal Property
Council Member William R. DeSteph
Council Member Glenn R. Davis
Deputy City Manager David L. Hansen
II. CITY COUNCIL LIAISION REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
3:00 P.M.
5:30 P.M.
VI. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Father Charles Brindle
Pastor, Church of the Ascension
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATION
1. LIFESAVING AWARD — Commander Doug Burkhouse
Churchland Assembly of God, Outpost 160
I. PUBLIC HEARINGS
1. Proposed City Charter Amendment
Debt Issued by Virginia Beach Development Authority
2. Proposed No Wake Zone
Lynnhaven River, Long Creek and Keeling Drain
3. Lease of City -owned Property
Meyera E. Oberndorf Central Library re Coffee Shop
October 23, 2012
J. ORDINANCES/RESOLUTION
1. Resolution REQUESTING SUPPORT of the Virginia Beach Delegation for the 2013
Legislative Agenda and City Council's goals and objectives
2. Resolution REQUESTING the Virginia Department of Game and Inland Fisheries to
AUTHORIZE the City to DESIGNATE, POST and ENFORCE a "No Wake Zone" on a
portion of the Lynnhaven River
3. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with AEN, LLC, d/b/a
Smart Coffee re Coffee Shop located within the Meyera E. Oberndorf Central Library at 4100
Virginia Beach Boulevard
4. Ordinance to AUTHORIZE temporary encroachments of City -owned property known as Island
Lake for MYRTLE J. AND JOHN F. DAVIS, II re remove pier/mooring piles and construct
and maintain a pier/boatlift at 2405 Broad Bay Road (DISTRICT 5 — LYNNHAVEN)
5. Ordinance to AUTHORIZE the City Manager to EXECUTE the Phase V Development
Agreement and an Agreement SUPPORTING the Virginia Beach Development Authority
obligations under the Phase V documents and REQUEST VBDA to EXECUTE supporting
documents re Town Center Phase V
6. Ordinance DECLARING a Local Emergency re Hurricane Sandy
7. Resolution to ESTABLISH Inter -Facility Care, LLC and AUTHORIZE re annual EMS
permit for private services
8. Ordinance to APPROPRIATE and TRANSFER a $30,000 donation from Miyazaki City,
Japan, re construction costs of the Azumaya and expansion of the Miyazaki Garden at Red
Wing Park
K. PLANNING
1. Application of BRAVA L.L.C., for Modification of Conditions Nos. 1, 2 and 12 re a parking
lot at 2002 Pacific Avenue (approved August 23, 2011) and ALLOW enlargement of the
parking area (DISTRICT 6 — BEACH)
RECOMMENDATION
APPROVAL
2. Application of COLONIAL COLLISION CENTER, LLC, DBA Rick Hendrick Collision
Center for a Conditional Use Permit re automobile repair facility/garage at 2700 International
Parkway (DISTRICT 6 — BEACH)
RECOMMENDATION
APPROVAL
3. Application of ROBERT and RAMONA CASTNER for a Conditional Use Permit re home
daycare at 5236 Windsor Lane (DISTRICT 2 — KEMPSVILLE)
RECOMMENDATION APPROVAL
4, Applications of ARCHANGEL ENTERPRISES, INC., at Maxey Drive and Virginia Beach
Boulevard (DISTRICT 6 — BEACH):
a. Change of Zoning from A-12 Apartment to B-2 Community Business
b. Conditional Use Permit re motor vehicle sales/service
RECOMMENDATION
APPROVAL
5. Application of MPB, INC. for a Conditional Change of Zoning from AG -1 and AG -2
Agricultural to Conditional 0-2 Office at Princess Anne Road and Elson Green Avenue
(DISTRICT 7- PRINCESS ANNE)
RECOMMENDATION APPROVAL
6. Application of CITY OF VIRGINIA BEACH for a Floodplain Variance re parking lot
improvements at Little Island Park 3820 Sandpiper Road (DISTRICT 7 — PRINCESS ANNE)
RECOMMENDATION
APPROVAL
L. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY POLICY AND MANAGEMENT TEAM (CSA)
COMMUNITY SERVICES BOARD — CSB
EASTERN VIRGINIA HEALTH SYSTEMS AGENCY
GREEN RIBBON COMMITTEE
HISTORIC PRESERVATON COMMISSION
HISTORICAL REVIEW BOARD
RESORT ADVISORY COMMISSION
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
PUBLIC COMMENT
Non -Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
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If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 3854303
2012 CITYHOLIDAYS
Thursday, November 22
Friday, November 23
Monday, December 24
day)
Tuesday, December 25
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (half -
Christmas Day
CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 P.M.
A. REVIEW OF ARENA PROJECTIONS AND STUDIES
Warren Harris, Director, Department of Economic Development
Mike McGee, President, BARMAC, Inc.
Bill Rhoda, Principal, Convention, Sports and Leisure International
B. YMCA — PRINCESS ANNE COMMONS TERM SHEET
Billy George - YMCA President
Barbara Duke — Parks and Recreation
C. REAL ESTATE ASSESSMENT AND COLLECTION SYSTEM PHASE II
Business Revenue and Personal Property
Council Member William R. DeSteph
Council Member Glenn R. Davis
Deputy City Manager David L. Hansen
II. CITY COUNCIL LIAISION REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room - 5:30 P.M.
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
H. MAYOR'S PRESENTATION
LIFESAVING AWARD — Commander Doug Burkhouse
Churchland Assembly of God, Outpost 160
I. PUBLIC HEARINGS
1. Proposed City Charter Amendment
Debt Issued by Virginia Beach Development Authority
2. Proposed No Wake Zone
Lynnhaven River, Long Creek and Keeling Drain
3. Lease of City -owned Property
Meyera E. Oberndorf Central Library re Coffee Shop
Public Notice
Proposed Charter Amendment
On Tuesday, November 13, 2012, at
6:00 PM in the City Council Chamber
on the second floor of the City Hall
Building, 2401 Courthouse Drive,
Virginia Beach, Virginia, the Virginia
Beach City Council will hold a Public
Hearing to provide the citizens an
opportunity to be heard to determine
if the citizens of the City desire that
the City request the General
Assembly amend its City Charter.
In summary, the proposed
amendment will prohibit the City from
pledging tax or fee revenues to make
payments on bonds or other debt
instruments not issued in the name
of the City. The amendment
specifically forbids the City from
paying debt issued by the Virginia
Beach Development Authority after
the effective date of the amendment.
The amendment is not applicable to
general obligation debt authorized by
the City Charter or the Virginia Public
Finance Act nor is it applicable to
debt issued as part of the Literary
Loan Program or debt issued by the
Virginia Resources Authority. The
amendment prohibits the City from
pledging tax or fee revenues to pay a
lease purchase or similar instrument
where the City is not the Ione party
named to such obligation and where
the City is the direct consumer or
recipient of the product or service.
The amendment does not alter
existing obligations, but would
prohibit the execution of options not
executed or other discretionary
obligation to be executed after the
amendment's effective date.
This item is a part of the Cfty's
Legislative Agenda, which is
scheduled to be voted upon by the
City Council at its November 13 -
Formal Session. The entire
Legislative Agenda including the text
of the proposed amendment may be
found atNvw_ v1,gQv,QQfm•
This Hearing is open to the public
and all interested citizens will have
an opportunity to be heard.
Individuals desiring to provide written
comments may do so by contacting
the City Clerk's Office at 385-4303.
If you are physically disabled or
visually impaired and need
assistance at this meeting, please
call 385-4303. Hearing impaired,
TDD -711.
Ruth Hodges Fraser, MMC
City Clerk
Beacon Nov. 1, 2012 23281398
MP i
PUBLIC NOTICE
Proposed NO WAKE zone on Lynnhaven River,
between Long Creek and Keeling Drain
No Wake zones
Public Works Operations
The City of Virginia Beach, in its' regularly scheduled meeting on
Tuesday, November 13, 2012, will consider the establishment of a new
NO WAKE zone for boaters on the Lynnhaven River in the vicinity of
current channel markers "1LR" and "3LR". The proposed NO WAKE
zone will extend approximately seventeen hundred (1,700) feet and
connect the two (2) existing NO WAKE zones being Long Creek to the
north and Keeling Drain to the south and will provide for safety for the
residential properties on the east side of the channel of the Lynnhaven
River. a
For further information call Phillip J. Koetter at 385-1470; 711 TDD Only
(Telephone Device for the Deaf)
Ruth Hodges Fraser, MMC
City Clerk
Beacon October 28 & November 4, 2012 23281575
PUBLIC HEARING
LEASE OF CITY PROPERTY
The Virginia Beach City Council will
hold a PUBLIC HEARING on the
proposed leasing of the following
City -owned property on Tuesday,
November 13, 2012 at 6:00 p.m. in
the Council Chamber, City Hall - Bldg.
1, Virginia Beach Municipal Center:
Approximately 593
square feet of space
located within the
Meyera E. Oberndorf
Central Library at
4100 Virginia Beach
Boulevard to be used
only as a coffee shop.
if you are physically disabled or
visually Impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 385-
4303; Hearing impaired, call TDD
711.
Any questions concerning this matter
should be directed to the
Department of Public Works -
Facilities Management Office, Room
228, Building 18, at the Virginia
Beach Municipal Center. The
Facilities Management Office
telephone number is (757)
385-5659.
Ruth Hodges Fraser, MMC
City Clerk
Beacon Nov. 4, 2012 23297740
J. ORDINANCES/RESOLUTION
1. Resolution REQUESTING SUPPORT of the Virginia Beach Delegation for the 2013
Legislative Agenda and City Council's goals and objectives
2. Resolution REQUESTING the Virginia Department of Game and Inland Fisheries to
AUTHORIZE the City to DESIGNATE, POST and ENFORCE a "No Wake Zone" on a
portion of the Lynnhaven River
3. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with AEN, LLC, d/b/a
Smart Coffee re Coffee Shop located within the Meyera E. Oberndorf Central Library at 4100
Virginia Beach Boulevard
4. Ordinance to AUTHORIZE temporary encroachments of City -owned property known as Island
Lake for MYRTLE J. AND JOHN F. DAVIS, II re remove pier/mooring piles and construct
and maintain a pier/boatlift at 2405 Broad Bay Road (DISTRICT 5 — LYNNHAVEN)
5. Ordinance to AUTHORIZE the City Manager to EXECUTE re Phase V Development
Agreement and an Agreement SUPPORTING the Virginia Beach Development Authority
obligations under the Phase V documents and REQUEST VBDA to EXECUTE supporting
documents re Town Center Phase V
6. Ordinance DECLARING a Local Emergency re Hurricane Sandy
7. Resolution to ESTABLISH Inter -Facility Care, LLC and AUTHORIZE re annual EMS
permit for private services
8. Ordinance to APPROPRIATE and TRANSFER a $30,000 donation from Miyazaki City,
Japan, re construction costs of the Azumaya and expansion of the Miyazaki Garden at Red
Wing Park
�-
a1
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Adopting the City's 2013 Legislative Agenda
MEETING DATE: November 13, 2012
■ Background: City Council has a tradition of presenting a Legislative Agenda to
the General Assembly each year. This Agenda provides the Virginia Beach General
Assembly delegation with positions of the City Council on funding, legislation, public
safety, and other issues that may be brought before the General Assembly.
■ Considerations: This Agenda was prepared based on input from Council
Members, Department Directors, and City Council boards and commissions.
■ Public Information: A discussion was held with City Council on October 16,
2012. A public hearing was held on October 23, 2012 in Council Chambers.
■ Attachments: Resolution and 2013 Legislative Agenda.
Requested by City Council
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A RESOLUTION ADOPTING THE CITY'S 2013
LEGISLATIVE AGENDA
WHEREAS, the City Council traditionally adopts a Legislative Agenda and
requests members of the City's local delegation to the General Assembly sponsor
and/or support legislation therein; and
WHEREAS, the City Council has considered a number of goals and objectives
for inclusion in the City's 2013 Legislative Agenda.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby adopts the City's 2013 Legislative Agenda, which is
attached hereto as Exhibit A and is hereby incorporated by reference.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City's Delegation to the General Assembly is hereby requested to
sponsor and/or support legislation in the 2013 Session of the General Assembly that
would carry out the goals and objectives of the City as set forth in its Legislative
Agenda.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Clerk is hereby directed to transmit a copy of this resolution to each
member of the City's local Delegation to the General Assembly.
Adopted by the City Council of the City of Virginia Beach, Virginia, this
day of , 2012.
APPROVED TO CONTENT:
CA12468 R-1
November 6, 2012
MI'Mi'If�i
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
LEGISLATIVE AGENDA
GENERAL ASSEMBLY SESSION 2013
Revised: November 2, 2012
Originally submitted to City Council: October 5, 2012
Legislative Agenda
General Assembly Session 201312
PREFACE
As we approach the upcoming 2013 General Assembly Session, we are aware of several issues that
need to be addressed. Although the Commonwealth has ended the fiscal year with a relatively
small surplus, K-12 Education is funded at approximately the same level as in 2008. Another
financial concern is the repayment of the Virginia Retirement System (VRS) fund debt. Among a
multitude of other issues, is the unprecedented requirement that the General Assembly has placed
on localities to provide local aid to state governments in the am
During the 2012 session, the General Assembly did attempt
stability of the VRS. Those changes will certainly assist'makir
out years. However, it will have a relatively small impact for t]
General Assembly is to be congratulated for this effort.
The General Assembly has yet to address the issue of trans
r $50 million a year.
a address"the long-term financial
VRS more financially viable in the
next decade and beyond. Still, the
rtation funding with a stream of
reliable revenue enhancements. Certainly, tolls will have to bepart of transportation financing
moving forward. However, the pushback from the public over the Elizabeth River Crossing
Project, the proposed tolls on I-95 in Southside, and the doubling of -tolls on the Dulles Greenway
to pay for the Metrorail extension in Northern Virginia, show tolls are not the only solution. The
City has been working with the Urban Crescent localities to identify the needs for transportation
funding. This effort has provided evidence that 80% of the income tax and sales tax is generated
from a relatively small portion of the state. This area has a crumbling transportation
infrastructure, which is demonstrated to the extreme in the state of repair of the interstate system
in Hampton Roads and the lack of capacity coming in and out of the region, the need to improve
major facilities, such as I-264, the widening of I-64 on the Peninsula, providing additional
crossings in Hampton Roads, I-64 in Chesapeake from Battlefield Boulevard to Bowers Hill, and
multiple other projects. In our best years, Virginia Beach received up to $30 million a year for the
urban road program. This money went to constructing urban roads, such as London Bridge Road,
Dam Neck Road, and Birdneck Road. Today we only receive funding from the Commonwealth for
local road maintenance. As we have discussed in the past, roadway maintenance statewide costs
increase by $50 million;a year. A one -cent increase in the gas tax would provide $50 million per
year. Also, there is over $500 million currently being diverted from the construction fund to pay
for maintenance as required by the Virginia Constitution. Thus, it would take an increase of ten -
cents per gallon in the gas tax to restore funds taken from construction and used for maintenance.
Also, unless the gas tax is indexed for inflation, the process of the $50 million increase in
maintenance cost absorbing dollars from the roadway construction accounts would continue.
'0
Legislative Agenda
w General Assembly Session 2013 13
City Council has specific requests regarding transportation as part of their legislative agenda that
will require a multitude of revenue enhancements in order to provide the transportation system
that the Commonwealth must have to compete in the global economy and to promote vital tourism
efforts in Virginia Beach and throughout the state.
Finally, the City remains appreciative of the Governor's funding of the Commonwealth's $7.5
million share of the Base Realignment and Closure (BRAC) program. 'In agreement with the
Commonwealth, we believe we must keep our commitments and maintain positive momentum we
have jointly built with the military. Through a resolution, City Council has previously requested
funding in the amount of $7.5 million for the second year of the biennium.
City Council wishes the very best for the General Assembly Members during the upcoming 2013
session as they make decisions that will affect all Virginians and influence our future prosperity.
CONTENTS
Preface
CITY OF VIRGINIA BEACH — CITY COUNCIL
CITY OF VIRGINIA BEACH — GENERAL ASSEMBLY DELEGA
CITY OF VIRGINIA BEACH — CONGRESSIONAL DELEGATIC?
City of Virginia Beach Requested Code Changes m
1. POST LABOR DAY OPENING FOR SCHOOLS
Sponsored by Council Member John E. Uhrin
2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT
Sponsored by Mayor William D. Sessoms, Jr.
Requested by the Human Rights Commission (HRC)
3. EQUALIZATION OF LODGING TAXES
Sponsored by Council Member John E. Uhrin
4. SUSTAINABLE TRANSPORTATION FUNDING
Sponsored by Mayor William D. Sessoms,' Jr.
5. MORATORIUM ON URANIUM MINING
Co -Sponsored by Mayor William D. Sessoms, Yr.
& Vice Mayor Louis R. Jones
Legislative Agenda
General Assembly Session 201314
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16
6. AUTISM SPECTRUM DISORDER`(ASD) INITIATIVE 18
Sponsored by Mayor William D. Sessoms, Jr.
7. REMOVE THE LYNNHAVEN AND THE ELIZABETH RIVERS FROM THE JAMES RIVER BASIN
FOR THE CHESAPEAKE BAY TMDL 19
Sponsored by Council Member Barbara M. Henley
8. DEED RESTRICTION RELIEF — CAMP GROM 20
Sponsored by Council Member John E. Uhrin
9. MINING SAND FOR BEACH REPLENISHMENT FOR CHESAPEAKE BEACH 21
Co -Sponsored by Vice Mayor Louis R. Jones
and Council Member James L. Wood
A4
1 Z
Legislative Agenda
-v: f
General Assembly Session 2013 5,
10. CLARIFICATION OF LOCAL WETLANDS BOARD
22
JURISDICTION
Co -Sponsored by Vice Mayor Louis R. Jones
and Council Member James L. Wood
11. USE OF LOCALLY ADOPTED LIGHTING STANDARDS ON
23
STATE/FEDERAL FUNDED ROADWAYS
Sponsored by Council Member Barbara M. Henley
12. ACCESS TO THE PRESCRIPTION MONITORING PROFILE
24
Sponsored by Council Member James L. Wood
13. TRESPASSING
25
Sponsored by Council Member James L. Wood
14. PROPERTY TAX CLASSIFICATION FOR MOTOR VEHICLES
26
LEASED TO THE CITY AND CONSTITUTIONAL OFFICERS
Sponsored by Council Member John D. Moss
15. TRANSPORTATION FUNDING DOUBLE LOCKBOX
28
Sponsored by Council Member Bill R. DeSteph
16. REVISE FOIA EXEMPTION FOR PARKS AND RECREATION
29
RECORDS TO PROVIDE BETTER PROTECTION FOR JUVENILES
29
Sponsored by Council Member Rosemary Wilson
17. AMEND THE CODE OF VIRGINIA REGARDING PERMITS FOR
30
VEHICLES WEIGHING MORE THAN 115,000 POUNDS
Sponsored by Council Member James L. Wood
18. REQUIRED DISCLOSURES — TOURISM ZONES
32
Sponsored by Council Member John E. Uhrin
19. PROVIDE THE SAME EXEMPTION TO CHESAPEAKE BEACH
33
RESIDENTS THAT CURRENTLY APPLIES TO SANDBRIDGE BEACH
RESIDENTS REGARDING THE
ERECTION OF BULKHEADS
Sponsored by Council Member Bill R. DeSteph
City of Virginia Beech Requested Resolutions 34
1. END THE FEDERAL ETHANOL MANDATE FOR GASOLINE 34
Sponsored by Council Member Bill R. DeSteph
µ
• Legislative Agenda
.:
w General Assembly Session 2013 1
1. CITY CHARTER LIMITATION ON THE ISSUANCE OF PUBLIC
FACILITY REVENUE BONDS
Sponsored by Council Member John D. Moss
City of Virginia Beach Funding Items
1. CONTINUED FUNDING FOR BASE REALIGNMENT AND CLOSURE (BRAT
Sponsored by the City of Virginia Beach
City Council
City of Virginia Beach Funding Items
2. INCREASED FUNDING FOR MENTAL HEALTHCARE
Sponsored by Council Member Glenn R. Davis
Requested by the Human Rights Commission (HRC)
APPENDIX: DRAFTS OF PROPOSED LEGISLATION —
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EFFORT 38
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KE'VED TO REQUESTED CODE CHANGE 41
ANIS OTHER RELATED DOCUMENTS ENTS 41
REQUESTED CODE CHANGE LEGISLATIVE ITEM #II 42
USE OF LOCALLY ADOPTED LIGHTING STANDARDS ON STATE/FEDERAL FUNDED
ROADWAYS
Sponsored by Council Member Barbara M. Henley
REQUESTED CODE CHANGE LEGISLATIVE ITEM #12 43
ACCESS TO THE PRESCRIPTION MONITORING PROFILE
Sponsored by Council Member James L. Wood
REQUESTED CODE CHANGE LEGISLATIVE ITEM #17 46
PERMITS FOR VEHICLESWEIGHING MORE THAN 115,000 POUNDS
Sponsored by Council Member Council Member James L. Wood
REQUESTED CODE CHANGE LEGISLATIVE ITEM #18 47
REQUIRED DISCLOSURES — TOURISM ZONES
Sponsored by Council Member John E. Uhrin
REQUESTED CHARTER CHANGE LEGISLATIVE ITEM #1 48
CITY CHARTER LIMITATION ON THE ISSUANCE OF PUBLIC FACILITY REVENUE BONDS
Sponsored by Council Member John D. Moss
RESOLUTION - URANIUM MINING
BRAC CORRESPONDENCE TO GOVERNOR MCDONNELL
Legislative Agenda
General Assembly Session 2013 17
49
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Legislative Agenda
General Assembly Session 2013 18
CITY OF VIR GINIA BEA CH — CITY CO UNCIL
Mayor William D. Sessoms, Jr.
Vice Mayor Louis R. Jones - Bayside
Glenn R. Davis - Rose Hall
Bill R. DeSteph - At Large
Harry E. Diezel - Kempsville
Bob Dyer - Centerville
Barbara M. Barbara M. Henley - PrincessAnne
John D. Moss - At Large
John E. Uhrin - Beach
Rosemary Wilson - At Large
James L. Wood - Lynnhaven
CITY OF VIRGINIA BEACH- GENERAL A SSEMBL Y DELEGA TION
Senator HaM B. Blevins — Senate District 14
Delegate Algie T. Howell, Jr. — House District 90
Delegate Salvatore R. Iaquinto — House District 84
Delegate Barry D Knight — House District 81
Senator Jeffrey L. McWaters — Senate District 8
Senator Ralph S. Northam — Senate District 6
Delegate Harry R. Purkey — House District 82
Delegate Christopher P. Stolle — House District 83
Delegate Robert Tata — House District 85
Delegate Ronald A. Villanueva — House District 21
Senator Frank W. Wagner — Senator District 7
. '�� Legislative Agenda
,;.
,.w General Assembly Session 2013
CITY OF VIRGINIA BEACH— CONGRESSIONAL DELEGATION
Senator Mark R. Warner — United States Senate
Senator Jim Webb — United States Senate
U.S. Representative Scott Rigell — House of Delegates — 2nd District of Vires
Legislative Agenda
General Assembly Session 2013 110
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
1. POST LABOR DAY OPENING FOR SCHOOLS
SPONSORED BY COUNCIL MEMBER JOHN E. UHRIN
Background Information:
The total spending from the tourism industry in Virginia Beach for calendar year 2010 was $1.129
billion, stimulating 11,560 jobs. Starting schools in Virginia Beach and other localities in the
Commonwealth prior to Labor Day would have significant financial consequences in the long-
term. Beginning schools prior to Labor Day would effectively reduce the available vacation time in
August by two weeks, which is prime family vacation time that cannot be replaced. If the Virginia
Beach school system begins before Labor Day and other localities follow our lead, it will have a
negative effect on the economic impact of the tourism industry. To a lesser extent, this will also
have an impact on this industry by affecting the labor pool available prior to Labor Day.
Request:
The General Assembly is requested to maintain the existing legislation concerning post Labor Day
opening of schools. This allows all schools to open after Labor Day except those given exemptions
by the State Board of Education.
Legislative Agenda
General Assembly Session 2013 111
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT
SPONSORED BY MAYOR WILLIAM D. SESSOMS, JR.
REQUESTED BY THE HUMAN RIGHTS COMMISSION (HRC)
Background Information:
The Virginia Human Rights Act (Va. Code § 2.2-3900 et seq.) 'currently prohibits discrimination
based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical
conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the
aforementioned since 1994.
Request:
The City requests that the General Assembly amend the Virginia Human Rights Act to also prohibit
discrimination based on sexual orientation.
Legislative Agenda
General Assembly Session 2013 112
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
3. EQUALIZATION OF LODGING TAXES
SPONSORED BY COUNCIL MEMBER JOHN E. UHRIN
Background Information:
During the 2011 General Assembly Session, legislation (Senate Bill 972 - Whipple) was introduced
that would have the retail sales and hotel taxes on transient rooms (hotel rooms) be computed
based on the total charge or price paid. Currently, when a customer reserves a room online from a
hotel website, they pay the full sales tax for that room. However, when the Online Travel
Companies (OTCs) rent rooms, the sales on the entire price is not paid. The OTCs buy blocks of
unused rooms and resell them. However, the hotel tax is hidden within a service fee charged that
shows up on the customer's credit card bill. This is not a new tax, but a fair collection of existing
taxes. Major hotel chains such as the Marriot and Hilton supported this legislation during the 2011
session. Several states have approved legislation such as this proposal and it has been upheld in
the courts.
Request:
The General Assembly is requested to amend section § 58.1-602, etc. as was proposed in Senate
Bill 972 from the 2011 session. When a hotel or similar establishment contracts with an
intermediary to facilitate the sale of the room and the intermediary charges the customer for the
room, the bill would require the intermediary to separately state the taxes on the bill or invoice
provided to the customer and to collect the taxes based on the total charges or the total price paid
for the use or possession of the room. It is suggested the bill have a delayed implementation date
of January 1, 2014. This would allow the OTCs time to accommodate the change into their billing
practice.
6i Legislative Agenda
y General Assembly Session 2013 113
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
4. SUSTAINABLE TRANSPORTATION FUNDING
SPONSORED BY MAYOR WILLIAM D. SESSOMS, JR.
Background Information:
State transportation funding is required for three purposes:
• Maintenance of our existing infrastructure investment and;
• Construction of new roadway, transit, airport, and port projects to meet existing and future
mobility and economic development needs and;
• Provide adequate funding to provide the statematch for available federal transportation
funding.
Transportation funding in Virginia is not close to meeting these needs and the trend is negative in
all categories.
Since 1986, vehicle miles traveled has increased by approximately 40%. Population has grown
approximately by 30%; however, lane miles of roadway have only increased by approximately
10%. To make matters worse, the purchasing'` power of the Virginia gas tax of 17.5 cents per
gallon in 1987 is now equivalent to a tax of only eight -cents per gallon in 2012. Obviously, that
purchasing power will continue to decline over time. Virginia has a much lower state gas tax than
its surrounding competitor states such as Maryland (23.5 cents), North Carolina (35.3 cents), West
Virginia (39.2 cents), and Kentucky (33.4 cents). As of July 1, 2011, the national average for
federal and state gas tax per gallon was 48.9 cents. With the exception of Northern Virginia,
Virginia's total federal and state gas tax of 38.4 cents is currently 10.5 cents per gallon below the
national average.
System Maintenance':
The cost of existing roadway maintenance continues to grow by approximately $50 million a year.
This increased funding requirement is a function of new roadways being added to the system,
secondary road maintenance, and increasing maintenance costs for segments of the interstate
system, which are now aging. Since 2002, funds for maintenance have had to be transferred from
the Commonwealth Transportation Fund, which was envisioned in 1986 as purely for new
Legislative Agenda
General Assembly Session 2013 114
roadway construction. In fact, in 2012, over $500 million will be transferred from the
construction fund to the maintenance fund. As mentioned previously, that figure increases
approximately $50 million a year (based on current estimates).
The consequences of this diversion of construction funds to meet maintenance needs means that
in Virginia Beach, where only a few years ago, the City received up to $30 million a year for the
urban road program, we now only receive funding for local road maintenance. The same is true
for secondary construction in the counties. State dollars that were available to the City for
constructing roads such as London Bridge Road, Dam Neck Road, and Birdneck Road, are no
longer provided.
Because of the diminishing value of the gas tax due to more efficient automobiles and the growth
in construction costs, there is not one measure that will be the "silver -bullet" for transportation
funding. However, the City Council believes that sustainable long-term sources of new revenue to
help meet critical transportation needs should be pursued immediately. The Council leaves it up
to the General Assembly as to what source(s) would best be utilized. However, the lack of a
sustainable long-term transportation funding stream will leave Virginia lagging woefully behind
its regional and international competitors. It will also cause a decrease in the quality of life to our
residents through the cost of congestion, degraded air quality, and the reduced desirability of the
Commonwealth for future economic growth.
New Roadway Construction:
The Hampton Roads Transportation Planning Organization (HRTPO) has identified $30 billion in
regional construction needs over the next twenty years. However, only $13.6 billion in traditional
federal and state funding are envisioned to be available. Maintenance requirements are projected
at $12.35 billion over that timeframe, and, therefore, would leave only $1.25 billion left for
construction of regional capacity improvement projects. To put that in perspective, the needed
improvements to I-264 in Virginia Beach are projected at $2.5 billion. Improvements to I-64 in
Chesapeake are estimated at $2 billion and improvements to I-64 on the Peninsula are $2 billion
or more. Although tolls can certainly be used for funding a portion of the transportation program
needs, there are serious downsides to depending exclusively on tolling.
Although we are very grateful to the Governor and the General Assembly for the approximately $3
billion in new roadway construction funding previously approved, $1.8 billion of those funds are
bonds that will be serviced by future federal transportation appropriations.
Request:
The General Assembly is requested to create a long-term sustainable source of additional revenue
for transportation of at least $1.5 billion per year. This revenue stream should be indexed for
inflation and could use innovative forms of revenue generation and could include tolls, vehicle
miles traveled fees, gas taxes, sales taxes, etc. Furthermore, these funds should not come at the
expense of existing revenue streams.
"=
Legislative Agenda
I.-
;.
General Assembly Session 2013 115
Below are potential funding solutions as proposed by the Urban Crescent Coalition:
(1) Gas Tax Increase - a one -cent per gallon gasoline tax increase would generate
approximately $50 million a year for transportation.
(2) Increase the Sales Tax on Vehicle Purchase - a one -percent increase in the Motor
Vehicle Sale and Use Tax would generate about $141 million.
(3) Increase the General Sales Tax - a one -percentage point increase in the state sales tax
would generate between $800 million and $1 billion if dedicated to transportation (of
course, potential revenue generated will depend on the economic conditions in the state).
(4) Vehicle Registration Fees - any increases in Motor Vehicle Registration fees will have a
minimal impact to revenue generation for the transportation fund.
(5) Indexing - index the motor vehicle fuels tax to inflation and deposit the additional funding
generated to the Highway Maintenance and Operation Fund. This could generate $10
million by 2014 and $125 million by 2018.
(6) Tolls - use tolls to help finance highway construction.
Legislative Agenda
General Assembly Session 2013 11 6)
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
5. MORATORIUM ON URANIUM MINING
CO-SPONSORED BY MAYOR WILLIAM D. SESSOMS, JR.
& VICE MAYOR LOUIS R. JONES
Background Information:
Virginia has had a moratorium on uranium mining since the 1980s. A large deposit of mineable
ore has been found in Pittsylvania County. This deposit is upstream of the John H. Kerr Reservoir,
which provides 93% of the inflow to Lake Gaston, which provides water directly to Virginia Beach,
and indirectly to most of southside Hampton Roads. A study prepared by the National Academy of
Sciences (NAS) indicates that uranium tailings disposal cells represent long-term risks for
contamination, that limited data exist to confirm the long-term effectiveness of those disposal
cells, and that extreme natural events combined with human errors have the potential to lead to
the release of contaminants. The NAS study concludes that Virginia has no experience with
uranium mining, the federal government has little or no experience with wet climates and extreme
precipitation events, and gaps in legal and regulatory coverage for uranium mining and steep
hurdles to be overcome before mining could be established in Virginia within a regulatory
framework that is protective of health, safety, and the environment.
The City contracted with nationally prominent experts to prepare a study of the downstream
water quality impacts that would occur from a hypothetical, catastrophic breach of an above -
grade, uranium mine tailings disposal `cell. The study indicates that in the aftermath of an
assumed catastrophe, radioactivity in the main body of Lake Gaston would remain above state and
federal regulatory levels for up to two months during wet years and six to sixteen months during
dry years. The only practicalresponse during this time would be to shut down the Lake Gaston
project. Depending upon the weather, this could have significant consequences to all of southside
Hampton Roads, but particularly, Chesapeake, Norfolk, and Virginia Beach.
The Cities of Chesapeake, Norfolk, Suffolk, Virginia Beach, and the Hampton Roads Planning
District Commission (HRPDC) have all passed resolutions opposing uranium mining in Virginia
and lifting the legislative moratorium on uranium mining.
Legislative Agenda
General Assembly Session 2013 1 1 i
Request:
The General Assembly of Virginia is requested to maintain the existing moratorium on uranium
mining in Virginia.
See Appendix Item #6 (page 49) for an attachment to this item:
1. Uranium Mining Resolution adopted by the City of Virginia Beach City Council
Legislative Agenda
General Assembly Session 2013 118
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
6. AUTISM SPECTRUM DISORDER (ASD) INITIATIVE
SPONSORED BY MAYOR WILLIAM D. SESSOMS, JR.
Background Information:
With the anticipated increase of special education graduates with autism requiring community
services offered by Community Services Boards (CSBs) and private providers, it is essential to
identify the number of individuals projected to need post -high school services and the types of
services required. Specifically, utilizing available school systemdata reflecting the number of
projected special education graduates with a diagnosis of autism, a',study performed by either the
Joint Legislative Audit and Review Committee (JLARC)`or Joint Commission on Health Care (JCHC)
would focus on identifying specific service needs to be addressed including day support,
employment and residential support. This information would be invaluable to advocates, service
providers and members of the General Assembly.
Request:
Support a JLARC or JCHC study to assess the service needs for those students with autism who are
transitioning out of the 'school system in order to adequately prepare for the residential,
employment and day support needs of this steadily increasing population.
�a
Legislative Agenda
,,:
General Assembly Session 2013 1 :9
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
7. REMOVE THE LYNNHAVEN AND THE ELIZABETH RIVERS
FROM THE JAMES RIVER BASIN FOR THE CHESAPEAKE BAY
TMDL
SPONSORED BY COUNCIL MEMBER BARBARA M. HENLEY
Background Information:
This request is for the General Assembly to help clarify watershed boundaries with respect to the
Chesapeake Bay TMDL. As it stands, the Lynnhaven River basin and the Elizabeth River basin are
both included in the James River basin. Clearly the Lynnhaven and the Elizabeth Rivers are not
within the James River basin, they both discharge into the Chesapeake Bay without any connection
to the James. If left unchanged, Virginia Beach will be punished for pollution issues occurring
outside of our boundaries, and our good work in the Lynnhaven will not be given adequate credit
or consideration in the Total Maximum Daily Load, (TMDL) requirements. Solutions for the James
River may inappropriately impose on the Lynnhaven and Elizabeth River watersheds.
Request:
We ask for simple, clarifying language: "for the purposes of the Chesapeake Bay TMDL, state
agencies will not consider the Lynnhaven or Elizabeth River basins as part of the James River
basin."
Legislative Agenda
General Assembly Session 2013 120
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
8. DEED RESTRICTION RELIEF — CAMP GROM
SPONSORED BY COUNCIL MEMBER JOHN E. UHRIN
Background Information:
The City of Virginia Beach ("the City") acquired a parcel of landfromthe Commonwealth of
Virginia in 2002 identified, as GPIN parcel 2416-70-8636 (13,1.9 acres). This parcel contains holds
a deed restriction limiting its use. The City is considering an opportunity to partner with a non-
profit organization to develop a portion of the property and operate a camp for children with
special needs and disabled veterans. The current legal interpretation is that the deed restriction
on the property would not allow such a use to occur.
Request:
The City seeks relief dur
opportunity. Any such L
Navy to ensure compatib
ng the 2013 General Assembly from the deed restriction to pursue this
;es would be subject to review and approval of the U.S. Department of
lity with the Air Installation Compatible Use Zone (AICUZ) regulations.
t, Legislative Agenda
General Assembly Session 2013 121
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
9. MINING SAND FOR BEACH REPLENISHMENT FOR
CHESAPEAKE BEACH
CO-SPONSORED BY VICE MAYOR LOUIS R. JONES
AND COUNCIL MEMBER JAMES L. WOOD
Background Information:
This legislative request relates to Chesapeake Beach, where long-term and continuing erosion has
reached the point where the City is now preparing to embark on a beach restoration and
maintenance program to protect public and private infrastructure from storm damage. The most
efficient and practical method of restoring Chesapeake Beach is by mining sand from nearby
sources in the Chesapeake Bay and directly pumping the sand on the beach using a cutter -suction
hydraulic dredge process.
Obtaining environmental permits for mining sand from the Chesapeake Bay can be extremely
difficult and protracted, involving at least two state agencies and a consolidated federal permit
issued by the U.S. Army Corps of Engineers.
Request:
In that the need for beach restoration is immediate, we would be appreciative of legislative
guidance to the state agencies instructing them to streamline the process and to expedite the
approval process to allow sand mining and placement on our Bay beaches.
Legislative Agenda
General Assembly Session 2013 122
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
10. CLARIFICATION OF LOCAL WETLANDS BOARD
JURISDICTION
CO-SPONSORED BY VICE MAYOR LOUIS R. JONES
AND COUNCIL MEMBER .TAMES L. WOOD
Background Information:
This request is for a minor tweak to the local wetlands board's jurisdictional limitations as defined
in State Code. City projects are considered `public projects' in the State Code and are therefore
currently exempt from local wetlands board jurisdiction. However, that exemption in State Code
is limited to projects on property that is 'owned or leased' by the City. This limitation has put the
City in the position of having to obtain a local wetlands board permit in addition to obtaining a
Virginia Marine Resources Commission (VMRC) permit. In addition, our local wetlands board has
adopted an in -lieu fee mitigation ,program for impacts to non -vegetated wetlands, mudflats, at the
rate of $12.50 per square foot. However, this in -lieu fee program has not been accepted by
Department of Environmental Quality (DEQ) and the Corps of Engineers, such that any mitigation
payments to the local wetlands board for such impacts will not be honored by the state and the
federal government, potentially creating a circumstance where impacts will be required to be
mitigated twice.
Request':
In that the local wetlands board is exercising identical and delegated jurisdiction from VMRC, the
extra step of being subjected to local wetlands board review is both redundant and creates a
significant financial impact as well as a detrimental double standard whereby taxpayers (the
source of funding) may have to fund mitigation costs twice. Our request would be to strike or
modify the `owned or leased' clause to clarify that all City projects are exempt from local, Council -
appointed, board review (28.2-1302. section 3, item 10), regardless of whether the City has full
title or a lease for all of the lands involved in the project.
-h4y�
rf Legislative Agenda
General Assembly Session 2013 1213"
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
11. USE OF LOCALLY ADOPTED LIGHTING STANDARDS ON
STATE/FEDERAL FUNDED ROADWAYS
SPONSORED BY COUNCIL MEMBER BARBARA M. HENLEY
Background Information:
The Virginia Code currently requires all new state and federally funded roadways to use
Illuminating Engineering Society (IES) American National Standard Practice for Roadway Lighting.
These lighting standards (RP -8) are approximately 30% brighter than the City Council approved
lighting specifications for the City of Virginia Beach.. Once installed, the long-term energy costs
will also be proportionately higher. In order to save energy costs while still providing safe lighting
levels and uniformity, the City would like the ability to use locally adopted lighting standards on
all state/federally funded roadway projects located within City boundaries.
Request:
The request is that the General Assembly take the action necessary to amend section § 24VAC30-
151-420 of the Virginia Administrative Code to make it possible for Virginia Department of
Transportation (VDOT) to fund lighting installation costs, based on locally adopted lighting
standards, at project expense.
See Appendix Item #1 (page 42) for text of the requested legislative change.
Legislative Agenda
General Assembly Session 2013 124
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
12. ACCESS TO THE PRESCRIPTION MONITORING PROFILE
SPONSORED BY COUNCIL MEMBER JAMES L. WOOD
Background Information:
The Prescription Monitoring Profile is a tool to help law enforcement officers detect and divert
fraudulent prescriptions. The state code only allows the State Police access to the Prescription
Monitoring Profile. Limiting access to State Police unnecessarily delays local police diversion
investigations and ties up State Police personnel by involving them in local investigations for the
sole purpose of using the Profile.
Request:
The request is to amend section § 54.1-2523 of the Code of Virginia to make the profile accessible
for local police personnel for the purpose of investigating prescription fraud and related offenses.
See Appendix Item #2 (page 43) for text of the requested legislative change.
"`'".te:.. Legislative Agenda
t
General Assembly Session 2013 125
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
13. TRESPASSING
SPONSORED BY COUNCIL MEMBER JAMES L. WOOD
Background Information:
In November of 2009 in Baker v. Commonwealth, 278 Va. 656, 685'S.E.2d 661 the Virginia Supreme
Court dismissed a trespassing charge against a defendant holding that evidence that a "No
Trespassing" sign was posted on the property, without evidence that the sign was posted by a
person authorized under the trespassing statute, was not sufficient evidence to prove a violation
of trespassing. Many lower have extended this holding to Code of Virginia Section 15.2-1717.1
and require the "person lawfully in charge of the property" that designates the local law-
enforcement agency with the authority to forbid another to go or remain upon their property, to
come to court and testify to such authorization after they have 'already made the designation in
writing.
Request:
The request is to amend Code of Virginia Section § 15.2-1717.1 to include a provision stating there
is a rebuttable presumption that any such document designating the local law enforcement agency
with the authority to provide notice to persons trespassing on specified property and to enforce
the trespassing law was executed by a, person lawfully in charge of the specified property. It is
also requested that this code section further provide that the defendant shall bear the burden to
overcome this presumption.
t.- ,
i Legislative Agenda
General Assembly Session 2013 1 _26
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
14. PROPERTY TAX CLASSIFICATION FOR MOTOR VEHICLES
LEASED TO THE CITY AND CONSTITUTIONAL OFFICERS
SPONSORED BY COUNCIL MEMBER JOHN D. MOSS
Background Information:
The Virginia Code provides the owner of personal property is responsible for the property taxes
on such property. When property is leased, the Code and opinions of the Virginia Attorney
General provide that the determination of ownership of leased personal property for purposes of
taxation depends upon whether the lease shifts the risk -of -loss from the lessor to the lessee. If the
lease, often a lease -purchase, shifts the risk of loss to the City, the City is classified as the owner of
the leased property for tax purposes, and the property is exempt. If the lease does not shift the
risk of loss, the property owner for purposes of local property taxes is the lessor. In most
commercial leases, the lessor will require the lessee pay the property taxes.
The State Tax Code provides that the owner of personal property leased to federal, state, or local
governments is subject to the local property tax.' This provision is consistent with other
requirements that place the burden of taxation upon the owner of property. However, this
requirement does not acknowledge that shifting the tax burden to the lessee is commonplace even
when the lessee is a branch of the government, which would be exempt if it owned the property.
While not an exemption, the General Assembly could provide a separate tax classification for
motor vehicles leased to a locality or Constitutional Officer when the terms of the lease obligate
the lessee to pay the property taxes. The State Tax Code currently provides a separate tax
classification for property leased by members of a voluntary rescue squad or voluntary fire
department when the terms of the lease obligate the lessee to pay the property taxes.z Should the
General Assembly provide a similar classification for motor vehicles leased to a locality, the City
Council may levy the tax for this classification of property at a low rate.
1 Va. Code § 58.1-3501.
z Va. Code § 58.1-3506(A)(15).
Legislative Agenda
General Assembly Session 2013 127
Request:
The City Council requests the General Assembly create a separate classification of personal
property for motor vehicles leased to a locality or a Constitutional Officer when the terms of the
lease obligate the lessee to pay the property taxes. This tax classification is necessary to permit
the City to impose a nominal tax rate that will have the effect of exempting a motor vehicle leased
to a municipality from being subject to the payment of personal property taxes for the duration of
the term of the lease with the municipality.
Legislative Agenda
General Assembly Session 2013 128,
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
15. TRANSPORTATION FUNDING DOUBLE LOCKBOX
SPONSORED BY COUNCIL MEMBER BILL R. DESTEPH
Background Information:
The City Council desires the General Assembly to impose two restrictions upon its appropriation
authority for transportation funding. The Council believes that the citizens of the State are willing
to support additional transportation funding if there are assurances that the funding will be used
for transportation and not siphoned from transportation to other priorities.
The first level of restriction is upon the use of funds. All moneys deposited in the
Commonwealth's Transportation Funds (e.g. the Commonwealth Transportation Fund, the
Transportation Trust Fund, the Highway Maintenance and Operating Fund, and the Priority
Transportation Fund) should be used for the financing,acquiring, constructing, improving,
maintaining, and operating the transportation systems and projects in the Commonwealth.
The second level of restriction is to prohibit the displacement of current transportation funding
with new revenues raised for transportation. The City is aware of the example of lottery funds
being provided to K-12 Education. While this use of lottery funds is required by the Virginia
Constitution, the General Assembly has allowed the lottery funds to displace other General Fund
revenues for K-12 Education. Therefore, a second level of restriction is needed to insure that new
transportation revenue streams do not displace any of the current transportation revenue
streams.
Request:
The City requests the General Assembly provide a mechanism by which the revenues raised for
transportation are restricted to transportation purposes. This mechanism should have two
"lockbox" features. First, funds raised for transportation should be restricted to transportation
uses. Second, when the General Assembly increases one or more of the current revenue streams
or establishes a new revenue stream for transportation purposes, these new revenue streams
should not displace any of the current revenue streams. Because this is a limitation on the General
Assembly's appropriation power, the appropriate approach is an amendment to the Virginia
Constitution.
Legislative Agenda
General Assembly Session 2013 129'
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
16. REVISE FOIA EXEMPTION FOR PARKS AND RECREATION
RECORDS TO PROVIDE BETTER PROTECTION FOR
JUVENILES
SPONSORED BY COUNCIL MEMBER ROSEMARY WILSON
Background Information:
Records of the City's Parks and Recreation Department are subject to mandatory disclosure under
the Freedom of Information Act, unless an exemption applies. The Act currently contains an
exemption that allows the City to redact the name of juveniles from parks and recreation records
requested by a citizen pursuant to the Act, but the exemption only applies if the child's parent has
requested in writing that such information not be disclosed.To facilitate such a request, the City
includes on parks and recreation registration forms a box that a parent may check to request that
his or her child's identity be protected, but parents sometimes fail to check the box on the multi -
page forms. The department believes that the default instead should be that information that
identifies juveniles be protected from disclosure unless the parent authorizes release.
Request:
The City requests that the General Assembly amend Virginia Code § 2.2-3705.7(22) to provide that
the identity of juveniles in parks and recreation records is exempt from mandatory disclosure
under the provisions of the Freedom` of Information Act unless the child's parent specifically
requests that the, identifying information be released.
z Legislative Agenda
General Assembly Session 2013 130
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
17. AMEND THE CODE OF VIRGINIA REGARDING PERMITS FOR
VEHICLES WEIGHING MORE THAN 115,000 POUNDS
SPONSORED BY COUNCIL MEMBER JAMES L. WOOD
Background Information:
State law generally requires the operators of trucks to obtain a permit if the vehicle and load
weights exceed 80,000 pounds. A super load permit is required if the vehicle and load weights
exceed 115,000 pounds. Super load permits, unlike standard permits, impose specific routing
requirements and escorts, are subject to engineering studies, and take more time to process. A
standard permit can be issued on an annual basis and cover multiple trips during that year
("blanket permit"). A super load permit is more restrictive than a standard permit, and each trip
requires a separate super load permit.
Some operators make the businessdecision not to obtain the required super load permit but
instead only obtain a standard blanket permit, even though the loads exceed 115,000 pounds.
Under the current Virginia Code, and under narrow circumstances, a permit can be invalidated by
a court, and damages are measured as if no permit was obtained. In order to discourage a truck
operator from making a business decision not to obtain the required super load permit, heavy
fines are assessed for operating a truck without a required permit or in violation of the permit
(such as carrying a load weighing more than authorized by the permit).
Because of the particular way in which the state code provision authorizing a court to invalidate a
permit is worded, a, Virginia Beach Circuit Court judge recently ruled in favor of a defendant who
relied on a standard' permit that did not include the routing restrictions that would have been
imposed if the operator had obtained a super load permit. This resulted in a substantial reduction
of the financial penalties assessed for the violation, and the decision encourages operators to
avoid the restrictions imposed by a super load permit that are needed to protect public safety.
A revision to the state code would enable a court to invalidate a standard permit in circumstances
where a super load permit was required, thereby incentivizing truck operators to obtain the
appropriate permit.
Request:
Legislative Agenda
General Assembly Session 2013 131
The City requests that the General Assembly amend Virginia Code § 46.2-1139(D)(1) to allow a
court to invalidate a standard permit in circumstances where a super load permit was required.
Given that this code change is needed to protect public safety, the City requests that the bill be
effective upon enactment.
See Appendix Item #3 (page 46) for the text of the requested legislative change.
Legislative Agenda
General Assembly Session 2013 13
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
18. REQUIRED DISCLOSURES — TOURISM ZONES
SPONSORED BY COUNCIL MEMBER JOHN E. UHRIN
Background Information:
During the City Council's consideration of the recently -adopted Oceanfront Resort District Form -
Based Code, the staff was asked to prepare a proposed Community Legislative Agenda item
requesting the General Assembly to enact legislation allowing the City to require certain
disclosures to prospective purchasers or lessees of property in the Resort Area. These disclosures
concern potential impacts associated with the parcel's location in a "tourism zone" from things
such as parades, special events, fireworks, temporary street closures, concerts, etc.
Request:
The City requests the General Assembly to enact a new Section 55-519.3 to give the City authority
to designate one or more "tourism zones" and require written disclosures to prospective buyers or
lessees of property within the tourism zone, and/or to require notes of like import on surveys, site
plans and subdivision plats of property within a tourism zone.
See Appendix Item #4 (page 47)
ext of the requested legislative change.
Legislative Agenda
General Assembly Session 2013 133
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
19. PROVIDE THE SAME EXEMPTION TO CHESAPEAKE BEACH
RESIDENTS THAT CURRENTLY APPLIES TO SANDBRIDGE
BEACH RESIDENTS REGARDING THE ERECTION OF
BULKHEADS
Background Information:
The Coastal Primary Sand Dunes and Bea(
property owners may seek permission to
contains an exemption to the regular prc
exemption entitles Sandbridge Beach proper
if the Wetlands Board determines that the p
SPONSORED BY COUNCIL MEMBER BILL R. DESTEPH
hes Act sets forth the process whereby waterrronr
erect or maintain protective bulkheads. The Act
cess for Sandbridge Beach property owners. The
tv owners to erect and maintain protective bulkheads
is in clear and imminent danger from erosion
and storm damage due to severe wave action or storm surge. Without this statutory exemption, a
property owner could prove that bulkheads are needed because of the clear and imminent danger
of erosion and storm damage, but the Wetlands Board could nevertheless be required to deny the
request if the Board finds that the requested structures would violate the requirements of the
Coastal Primary Sand Dune Protection Act. A similar exemption for Chesapeake Beach property
owners would benefit the residents of Chesapeake Beach.
Request,
The General Assembly is requested to amend section § 28.2-1408.2, as was proposed in House Bill
No. 40 from the 2011 session. The amendment would provide the same exemption for Chesapeake
Beach property owners that is currently provided for Sandbridge Beach property owners.
Legislative Agenda
General Assembly Session 2013 134
CITY OF VIRGINIA BEACH REQUESTED RESOLUTIONS
1. END THE FEDERAL ETHANOL MANDATE FOR GASOLINE
SPONSORED BY COUNCIL MEMBER BILL R. DESTEPH
Background Information:
Federal law and regulations require that gasoline sold in the United States includes ethanol. As a
result of that mandate, about forty percent of the corn produced in America is used to make
ethanol. When the price of corn rises, as it did in 2011 because of droughts, ethanol production
competes with the use of corn for food, causing a needless rise in the prices of corn -containing
food as well as meat and other products from cattle and livestock that consume corn -based feed.
Ethanol is less efficient than gasoline, and the overall cost of using gasoline with ethanol is higher
than the cost of using gasoline without it. Ethanol also burns at a higher temperature than
gasoline, resulting in serious damage to the engines, fuel pumps and other key components of
motorcycles, watercraft, antique cars, lawn mowers, and equipment with gasoline engines. In
summary, the federal ethanol mandate harms our economy, increases the cost of food, and
damages vehicles and equipment with small gasoline engines.
Request:
The City requests that the General Assembly adopt a joint resolution urging Congress to repeal the
ethanol mandates for gasoline.
Legislative Agenda
General Assembly Session 2013 135
CITY OF VIRGINIA BEACH REQUESTED CHARTER CHANGES
1. CITY CHARTER LIMITATION ON THE ISSUANCE OF PUBLIC
FACILITY REVENUE BONDS
SPONSORED
Background Information:
ER JOHN D. MOSS
When the City Charter was conceived by the late Mr. Sidney Kellam and colleagues, the intent was
to impose barriers on the issuance of general obligation debt without either the public's approval
in a referendum or a supermajority vote of the Council. In 1962 founders of the City could not
have anticipated that the intent of the City Charter's public debt issuance restrictions would be
circumvented by issuing debt by a third party.
The public debt issued by the Virginia Beach Development Authority (VBDA) on behalf of the City
is subject to annual appropriation; therefore, this debt is not backed by the full faith and credit of
the City, which denies it the status of general obligation debt, but its effect on the City's bond
rating is the same.
Debt issued by the Virginia Beach Development Authority (VBDA) does not require a
supermajority vote of City Council; therefore, the issuance of Public Facility Revenue Bonds for
City facilities and other debts circumvents the intent of the protection the General Assembly
extended to Beach property owners/taxpayers in the Charter granted to residents of Virginia
Beach.
Legislative Agenda
-f General Assembly Session 2013 1 '16
Public Facility Revenue Bonds issued by year and the issuance total:
Issuance and year
Issuance Total (new money only)
1998 (Human Services Bldg Lease)
$9,800,000
2002 PFRB Issue
$23,855,000
2004 PFRB Issue
$165,000,000
2005 PFRB Issue
$103,900,000 `
2007 PFRB Issue
$100,865,000
2010 PFRB Issue
$17,985,000
2012 PFRB Issue
$19,095,000
Total
$440,500,000
Public Facility Revenue Bonds debt service payments, principal to be retired, annual interest
payment, and end of year outstanding debt for outstanding Public Facility Revenue Bonds:
Fiscal
Year
Debt Service
Principal Retired
Interest Payment
End of Year
outstanding Debt
2012
$34,663,551
$19,350,000
$15,313,551
$326,530,000
2013
$35,318,948
$20,335,000
$14,983,948
$306,195,000
2014
$36,834,778
$22,745,000.
$14,089,778
$283,450,000
2015
$36,660,310
$23,610,000
$13,050,310
$259,840,000
2016
$33,925,030
$21,835,000
$12,090,030
$238,005,000
2017
$33,805,610
$22,865,000
$10,940,610
$215,140,000
2018 "
$33,849,491
$24,035,000
$9,814,491
$191,105,000
2019
$33,199,062
$24,560,000
$8,639,062
$166,545,000
2020
$33,390,255
$25,845,000
$7,545,255
$140,700,000
Total
$311,647,037
$205,180,000
$106,467,037
Legislative Agenda
General Assembly Session 2013 137
Request:
To restore the meaningfulness of the City Charter's protection to the property owners and
taxpayers conveyed by its restrictions on the issuance of public debt, the City requests that the
General Assembly amend the City Charter to require that all debts issued directly by the City or by
a third party where that debt is subject to the pledge of City revenues independent of the basis or
time period requires either a public referendum or a supermajority vote for approval.
See Appendix Item #5 (page 48) for an attachment to this item.
Legislative Agenda
General Assembly Session 2013 138,
CITY OF VIRGINIA BEACH FUNDING ITEMS
1. CONTINUED FUNDING FOR BASE REALIGNMENT AND
CLOSURE (BRAC) EFFORT
SPONSORED BY THE CITY OF VIRGINIA BEACH
CITY COUNCIL
Background Information:
Since January, 2007, the City of Virginia Beach and the Commonwealth of Virginia have been
partnering to address the concerns that were raised by the Base Realignment and Closure (BRAC)
Commission in 2005. This partnership has involved the cost sharing of $15 million annually to
purchase properties in the APZ-1 and Clear Zone areas around Naval Air Station (NAS) Oceana and
in the Interfacility Traffic Area (ITA) between Oceana and the Naval Auxiliary Landing Field
Fentress. The City has established a policy of spending $7.5million per year to comply with the
BRAC Order, with the expectation that the Commonwealth will provide matching funds for
expenses associated with the acquisition of land in the APZ-1 and Clear Zone areas around Oceana
and in the ITA.
The City will keep its commitment to the military by to continuing its policy of spending $7.5
million each year to protect NAS Oceana and requests that the General Assembly provide a
matching amount for FY 2013-14.
Request:
Request that the General Assembly provide $7.5 million in annual funding through the Military
Strategic Response Fund in FY 2013-14 to the City of Virginia Beach to meet the requirements of
the BRAC Compliance Plan. Providing these funds will reinforce our joint commitment and
reinforce our message to the U.S. Navy that the Commonwealth and City of Virginia Beach are
dedicated to preserving Naval Air Station Oceana.
This positive message and the results we have achieved through the Commonwealth/City
partnership will benefit not only the preservation of NAS Oceana but send a clear signal to the
military about Virginia's support of all bases throughout the state.
s Legislative Agenda
General Assembly Session 2013 139
See Appendix Item #7 (page 59) for an attachment to this item:
1. Correspondence from the City of Virginia Beach City Council to Governor Robert
McDonnell regarding Base Realignment And Closure (BRAC) Funding
Legislative Agenda
t }
General Assembly Session 20131410
CITY OF VIRGINIA BEACH FUNDING ITEMS
2. INCREASED FUNDING FOR MENTAL HEALTHCARE
SPONSORED BY COUNCIL MEMBER GLENN R. DAVIS
REQUESTED BY THE HUMAN RIGHTS COMMISSION (HRC)
Background Information:
People with serious mental illness, as well as their loved ones, face a crisis when it comes to
accessing services they need. From FY 2009 to FY 2012, Virginia cut an overall total of $37.7
million, or 8.9%, from mental healthcare funding. Decades of neglect to the mental health system,
plus an increased need from people who are uninsured, underinsured, or facing economic
hardship, have exacerbated the problem. Additionally, an epidemic of post-traumatic stress
disorder and other mental health issues plagues our returning combat veterans, leading to an
unprecedented increase in service member suicides. An estimated one-third of homeless men in
the United States are military veterans, including wounded "warriors of current and previous
conflicts, and a substantial number of those homeless vets are in need of mental health services.
According to the Virginia Department of Behavioral Health and Development Services, nearly
6,000 Virginians are waiting to receive community-based services for mental health. The well-
being of families and our community is seriously threatened by the failure of those in need to
receive timely and effective mental healthcare.
Request:
The City requests that the General Assembly provide meaningful increases to funding for mental
healthcare services and housing.
{ Legislative Agenda
Potz General Assembly Session 2013 141
APPENDIX-. DRAFTS OF PROPOSED LEGISLATION -
EYED TO REQUESTEDE CHANGE
AND OTHER RELATED DOCUMENTS
Legislative Agenda
General Assembly Session 2013 142
REQUESTED CODE CHANGE LEGISLATIVE ITEM #11
USE OF LOCALL YADOPTED LIGHTING STANDARDS ON STA TE/FEDERAL FUNDED
ROADWAYS
SPONSORED BY COUNCIL MEMBER BARBARA M. HENLEY
24VAC30-151-420. Lighting facilities.
B. Design of roadway lighting facilities shall be based upon the specifications developed by Me
Illuminating Engineering Society in the manual, American National Standard Practice for Roadway
Lighting (see 24VAC30-151-760) or locally adopted lighting standards if available. The Roadway
Lighting Design Guide by the American Association of State Highway and Transportation Officials
(AASHTO) (see 24VAC30-151-760) may be used as a supplemental guide.
�z
Legislative Agenda
=4
.y,.;. General Assembly Session 2013 1 431
REQUESTED CODE CHANGE LEGISLATIVE ITEM #12
ACCESS TO THE PRESCRIPTION MONITORING PROFILE
SPONSORED BY COUNCIL MEMBER JAMES L. WOOD
(change(s) highlighted)
§ 54.1-2523. Confidentiality of data; disclosure of information; discretionary authority of Director
A. All data, records, and reports relating to the prescribing and dispensing of covered substances to
recipients and any abstracts from such data, records, and reports that are in the possession of the
Prescription Monitoring program pursuant to this chapter and any material relating to the operation or
security of the program shall be confidential and shall be exempt from the Virginia Freedom of
Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 15 of § 2.2-3705.5. Further, the Director
shall only have discretion to disclose any such information as provided in subsections B and C.
B. Upon receiving a request for information in accordance with the Department's regulations and in
compliance with applicable federal law and regulations, the Director shall disclose the following:
1. Information relevant to a specific investigation of a specific recipient or of a specific dispenser or
prescriber to an agent designated by the superintendent of the Department of State Police, any Police
Chief or Sheriff to conduct drug diversion investigations pursuant to § 54.1-3405.
2. Information relevant to an investigation or inspection of or allegation of misconduct by a specific
person licensed, certified, or registered by or an applicant for licensure, certification, or registration by a
health regulatory board informationrelevant to a disciplinary proceeding before a health regulatory
board or in any subsequent trial or appeal of an action or board order to designated employees of the
Department of Health Professions; or ` to designated persons operating the Health Practitioners'
Intervention Program pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of this title.
3. Information relevant to the proceedings of any investigatory grand jury or special grand jury that has
been properly impaneled in accordance with the provisions of Chapter 13 (§ 19.2-191 et seq.) of Title
19.2.
4. Information relevant to a specific investigation of a specific dispenser or specific prescriber to an
agent of the United States Drug Enforcement Administration with authority to conduct drug diversion
investigations.
C. In accordance with the Department's regulations and applicable federal law and regulations, the
Director may, in his discretion, disclose:
Legislative Agenda
General Assembly Session 2013 144
1. Information in the possession of the program concerning a recipient who is over the age of 18 to that
recipient.
2. Information on a specific recipient to a prescriber, as defined in this chapter, for the purpose of
establishing the treatment history of the specific recipient when such recipient is either under care and
treatment by the prescriber or the prescriber is initiating treatment of such recipient, and the prescriber
has obtained written consent to such disclosure from the recipient.
3. Information on a specific recipient to a dispenser for the purpose of establishing a prescription history
to assist the dispenser in determining the validity of a prescription in accordance with § 54.1-3303 when
the recipient is seeking a covered substance from the dispenser or the facility in which the dispenser
practices. Dispensers shall provide notice to patients, in a manner specified by the Director in regulation,
that such information may be requested by them from the Prescription Monitoring Program.
4. Information relevant to an investigation or regulatory proceeding of a' specific dispenser or prescriber
to other regulatory authorities concerned with granting, limiting or denying licenses, certificates or
registrations to practice a health profession when such regulatory authority licenses such dispenser or
prescriber or such dispenser or prescriber is seeking licensure by such other regulatory authority.
5. Information relevant to an investigation relating to a specific dispenser or prescriber who is a
participating provider in the Virginia Medicaid program or information relevant to an investigation
relating to a specific recipient who is currently eligible for and receiving or who has been eligible for
and has received medical assistance services to the Medicaid Fraud Control Unit of the Office of the
Attorney General or to designated employees of the Department of Medical Assistance Services, as
appropriate.
6. Information relevant to determination of the cause of death of a specific recipient to the designated
employees of the Office of the Chief Medical Examiner.
7. Information for the purpose of bona fide research or education to qualified personnel; however, data
elements that would reasonably identify a specific recipient, prescriber, or dispenser shall be deleted or
redacted from such information prior to disclosure. Further, release of the information shall only be
made pursuant to a written agreement between such qualified personnel and the Director in order to
ensure compliance with this subdivision.
D. This section shall not be construed to supersede the provisions of § 54.1-3406 concerning the
divulging of confidential records relating to investigative information.
E. Confidential information that has been received, maintained or developed by any board or disclosed
by the board pursuant to subsection A shall not, under any circumstances, be available for discovery or
court subpoena or introduced into evidence in any medical malpractice suit or other action for damages
arising out of the provision of or failure to provide services. However, this subsection shall not be
construed to inhibit any investigation or prosecution conducted pursuant to Article 1 (§ 18.2-247 et seq.)
of Chapter 7 of Title 18.2.
............................
it
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Legislative Agenda
" # General Assembly Session 2013 1 4
(2002, c. 481; 2004, c. 690; 2005, cc. 637, 678.)
Sections: Previous 54.1-2519 54.1-2520 54.1-2521 54.1-2522 54.1-2523 54.1-2523.1 54.1-
2524 54.1-2525 Next
Last modified: April 16, 2009
t Legislative Agenda
General Assembly Session 2013 14
REQUESTED CODE CHANGE LEGISLATIVE ITEM #17
PERMITS FOR VEHICLES WEIGHING MORE THAN 115,000 POUNDS
SPONSORED BY COUNCIL MEMBER COUNCIL MEMBER JAMES L. WOOD
Virginia Code § 46.2-1139. Permits for excessive size and weight generally; penalty.
D. 1. Every permit issued under this article for the operation of oversize or overweight vehicles shall be
carried in the vehicle to which it refers and may be inspected by any officer or size and weight
compliance agent. Violation of any term of any permit issued under this article shall constitute a Class 1
misdemeanor. Violation of terms and conditions of any permit issued under this article shall not
invalidate the weight allowed on such permit unless (i) the permit vehicle is operating off the route listed
on the permit, (ii) the vehicle has fewer axles than required by the permit, (iii) the vehicle has less axle
spacing than required by the permit when measuredlongitudinally from the center of the axle to center
axle with any fraction of a foot rounded to the next highest foot, of (iv) the vehicle is transporting
multiple items not allowed by the permit or (v) the yennitted vehicle exceeds the maximum standard
permit weight and is not operating under a super load permit as required by Chanter 20 of the Virginia
Administrative Code.
REQUESTED CODE CHANGE LEGISLATIVE ITEM #18
REQUIRED DISCLOSURES — TOURISM ZONES
Legislative Agenda
General Assembly Session 2013 147
SPONSORED BY COUNCIL MEMBER JOHN E. UHRIN
Section 55-519.3. Required disclosures; tourism zones.
Any G bordered b the n+la tie n,.,,a anthe C=hesaPeake Baylocality may designate one or
more tourism zones as an amendment to its zoning map, and may within each such zone require
either or both of the following disclosures: (a) that an owner of residential real property located
either partially or wholly within any such tourism zone shall disclose in writing to a prospective
purchaser or lessee of such property that the subject property is located within a tourism zone,
together with a description of potential impacts associated with the parcel's location in a tourism
zone (including, without limitation, impacts caused by special events, parades, temporary street
closures, and indoor and outdoor entertainment activities); and (b) that a statement shall be
placed on all recorded surveys, subdivision plats, and all final site plans approved after July 1,
2013, giving notice that a parcel of real property either partially or wholly lies within a tourism
zone, together with a description of potential impacts associated with the parcel's location in a
tourism zone (including, without limitation, impacts caused by special events, parades, temporary
street closures, and indoor and outdoor entertainment activities).
�:
r' Legislative Agenda
General Assembly Session 2013 48
REQUESTED CHARTER CHANGE LEGISLATIVE ITEM #1
CITY CHARTER LIMITATION ON THE ISSUANCE OF PUBLIC FACILITY REVENUE
BONDS
SPONSORED BY COUNCIL MEMBER JOHN D. MOSS
That the City Charter of the City of Virginia Beach is amended to add section 6.07 as follows
SEC.6.07. — LIMITATIONS ON AUTHORITY TO PLEDGE CITY TAX AND FEE REVENUES
(a) Except for general obligation debt authorized by this Chapter or Chapter 26 of Title 15.2 of the
Code of Virginia (the Virginia Public Finance Act), the City shall have no authority and is
exclusively prohibited from pledging tax or fee revenues to make payments or to otherwise make
any payment on bonds, notes, or other debt instrument not issued in the name of the City of
Virginia Beach, Virginia. Additionally, no debt issued by the Virginia Beach Development
Authority after the effective date of the provisions of this section shall be repaid by funds
collected by, paid to, or appropriated by the City or from funds otherwise directed under a
ordinance or resolution passed by the City Council. Provisions of this section shall not apply to
the Literary Loan Program or debt issued by the Virginia Resources Authority.
(b) Except for general obligation debt authorized by this Chapter or Chapter 26 of Title 15.2 of the
Code of Virginia (the Virginia Public Finance Act), the City shall have no authority and is
exclusively prohibited from pledging; tax or fee revenues to make payments or to otherwise make
any payment on a lease purchase or like debt instrument where the City is not the lone party
named in such obligation and where the City is the direct consumer or recipient of the
contractual product or service.
(c) This section shall not alter any obligations incurred prior to its effective date. After the effective
date, any discretionary obligation not executed, option not exercised, or other action that is
prohibited by this section or otherwise violates the provisions of this section shall be deemed
void and of no effect.
Legislative Agenda
General Assembly Session 2013 149
1 A RESOLUTION REAFFIRMING THE CITY OF
2 VIRGINIA BEACH'S OPPOSITION TO THE MINING
3 OF URANIUM IN THE COMMONWEALTH OF
4 VIRGINIA
5
6
7 WHEREAS, in December 2008, the Council of the City of Virginia Beach adopted
8 a Resolution stating its opposition to uranium mining in Virginia and to lifting the existing
9 legislative moratorium on uranium mining unless it could be demonstrated, to a
10 reasonable degree of certainty, that there would be no significant release of radioactive
11 sediments downstream of the site under any circumstances; and
12
13 WHEREAS, in the three and one-half years since the adoption of that Resolution,
14 there have been a number of studies relating to uranium mining in Virginia, several of
15 which have dealt specifically with the proposed Virginia Uranium, Inc. mine and milling
16 facility at Coles Hill in Pittsylvania County, upstream of the John H. Kerr Reservoir and
17 Lake Gaston; and
1$
19 WHEREAS., two of the studies consisted of economic assessments of the
20 proposed Coles Hill project, and both such studies found that one large, or several
21 small, accidents or releases would significantly reverse the economic benefit of the
22 project, even if no serious harm to people or the environment occurred; and
23
24 WHEREAS, at the request of the Virginia Coal and Energy Commission, the
25 National Academies of Sciences (NAS) has completed a study entitled "Uranium Mining
26 in Virginia: Scientific, Technical, Environmental, Human Health and Safety, and
27 Regulatory Aspects of Uranium Mining and Processing in Virginia" (the "NAS Study"),
28 the purpose of which was to address a series of detailed questions about uranium
29 mining, processing, and reclamation in order to assist the Commonwealth of Virginia in
30 making decisions concerning the proposed uranium mining project; and
31
32 WHEREAS, the NAS study indicates that: (1) disposal cells in which radioactive
33 tailings are stored represent significant long-term risks for radiological and other
34 contamination; (2) limited data exist to confirm the long-term effectiveness of uranium
35 tailings disposal cells; and (3) extreme natural events combined with human error have
36 the potential to result in the release of contaminants if disposal cells are not designed,
37 constructed or maintained properly, or if such cells fail to perform as envisioned; and
38
39 WHEREAS, the NAS study concluded that the Commonwealth of Virginia has no
,0 experience with uranium mining, that the federal government has little or no experience
Legislative Agenda
General Assembly Session 2013 150
41 applying existing laws and regulations to states with wet climates and extreme
42 precipitation events, and that "there are gaps in legal and regulatory coverage for
43 activities involved in uranium mining, processing, reclamation, and long-term
44 stewardship . [and] . . . steep hurdles to be surmounted before mining and/or
45 processing could be established within a regulatory environment that is appropriately
46 protective of the health and safety of workers, the public, and the environment", and
47
48 WHEREAS, Michael Baker Engineers and the National Center for Computational
49 Hydroscience and Engineering, under contract to the City of Virginia Beach, have
50 completed a study (the "Michael Baker Study") of the downstream water quality impacts
51 that would occur from a hypothetical, catastrophic breach of a single, above --grade
52 uranium mine tailings disposal cell located near Coles Hill; and
53
54 WHEREAS, it is acknowledged that if all of the tailings are secured in properly
55 designed, constructed, and maintained below -grade disposal cells, the likelihood of a
56 major release of tailings to surface water is significantly reduced; and
57
ions indicate that below -grade disposal of
58 WHEREAS, although existing regulat
59 uranium tailings is preferable to above -grade disposal, exceptions have been made for
60 environmental reasons, such as conflict with groundwater conditions, or for reasons of
61 economic feasibility, both of which may exist at the Coles Hill site or at heretofore
62 undiscovered uranium mining sites; and
63
64 WHEREAS, the NAS Study specifically dismissed the notion that below -grade
65 disposal of tailings would automatically be required, noting that the first mine and mill
66 permit to be issued in more than three decades allowed partially above -grade disposal
67 cells, notwithstanding the fact that the safest -and most environmentally sound solution
68 was below -grade disposal; and
69
70 WHEREAS, the Michael Baker Study indicates that in the aftermath of an
71 assumed catastrophe, radioactivity in the main body of Lake Gaston would remain
72 above state and federal regulatory levels for up to two months during wet years and six
73 to sixteen months during dry years; and
74
75 WHEREAS, for a number of legal, regulatory, political, institutional and technical -
76 reasons, it is highly likely that a major release of tailings downstream from the Coles Hill
77 site would force the City of Virginia Beach to discontinue pumping of the Lake Gaston
78 Water Supply Project, at least until contaminant levels had dropped well below state and
79 federal regulatory levels; and
80
2
Legislative Agenda
General Assembly Session 2013 151
81 WHEREAS, during droughts, the Lake Gaston Project provides up to one-third of
82 the water in the Norfolk, Virginia Beach and Chesapeake water systems, and the loss of
83 the Lake Gaston project for an extended period of time could result in water shortages
84 far greater than those occurring in the 1980-81 drought; and
85
ilings such as that modeled in the Michael
86 WHEREAS, a release of radioactive ta
87 Baker Study would have devastating adverse economic and other effects upon the City
88 of Virginia Beach, the Hampton Roads Region, and the localities near to and
89 downstream of the Coles Hill site; and
90
91 WHEREAS, operations vital to maintaining the nation's defense readiness at the
92 various military installations located in Hampton Roads could be adversely impacted by
93 water shortages that could result from a significant release of tailings, especially during a
94 dry period; and
95
96 WHEREAS, even a release of radioactive tailings of lesser proportions than the
97 worst case scenario modeled in the Michael Baker Study would result in serious
98 economic impacts to those areas even after radioactivity levels declined to levels within
99 legal limits because of the inevitability of negative public perceptions and the resultant
100 damage to the regions' images and reputations as attractive business and vacation
101 destinations; and
102
103 WHEREAS, it is absolutely clear, based upon the National Academy of Sciences
104 and other studies, that it cannot be demonstrated to a reasonable degree of certainty
105 that there would be no significant release of radioactive sediments downstream of the
106 Coles Hill site under any circumstances, and therefore that the criteria in the Resolution
107 adopted by City Council in December 2008 have clearly not been satisfied; and
108
109 WHEREAS, while the probability of a major tailings release is small, the adverse
110 consequences of such a release would be enormous and unacceptable;
111
112 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
113 VIRGINIA BEACH, VIRGINIA:
114
115 That the City Council of the City of Virginia Beach hereby reaffirrl-is its opposition
116 to uranium mining in Virginia, including the proposed Virginia Uranium, Inc. project at
17 Coles Hill, and to the elimination of the existing legislative moratorium on uranium
118 mining in Virginia.
`119
3
Legislative Agenda
General Assembly Session 2013152
120 The City Clerk is hereby directed to transmit a certified copy of this Resolution to
121 each member of the City's Congressional and General Assembly Delegations.
122
Adopted by the City Council of the City of Virginia Beach on the 12 day of
June , 2012.
CA -12301
June 6, 2012
R-1
APPROVED AS TO CONTENT:
Department of Public Utilities
APPROVED AS TO LEGAL SUFFICIENCY:
.City Attorney's Office
El
Legislative Agenda
General Assembly Session 2013 153
�s OF OUR NA"o-P Policy
Report .
Uranium Mining in Virginia
Background: In December 2008, City Council enacted a resolution stating that unless it
could be demonstrated to a reasonable degree of scientific certainty that there would be no
significant release of radioactive sediments downstream under any circumstances, including,
but not limited to, a direct hit on the mining facilities by a Probable Maximum Precipitation
(PMP) storm event, the City of Virginia Beach was opposed to 1) uranium mining in Virginia,
2) the elimination of the existing legislative moratorium on uranium mining, and 3) any
attempt to develop a regulatory framework for uranium mining. Although the General
Assembly has not considered any legislation that would -alter the existing moratorium on
uranium mining, the Governor has appointed a taskforce to develop the regulatory framework.
for uranium mining with instructions that they complete that work by 2013.
In the three and one-half years since City Council's resolution, there have been a number of
studies relating to uranium mining in Virginia, several of which dealt- specifically with. the
proposed Virginia Uranium Inc. mine and milling facility at Coles Hill, upstream of the John H.
Kerr Reservoir and Lake Gaston. Four studies of particular relevance are:
• The Socioeconomic Impact of Uranium Mining and Milling — Chmura, November 2011
• Proposed Coles Hill Uranium Mine and Mill — RTI, International, March 2012
• Uranium Mining In Virginia — National Academies of Sciences (NAS), December 2011
• Potential Impacts of Uranium. Mining in Virginia on Drinking Water Sources — Michael
Baker Engineers (under contract to Virginia Beach), February 2012 (Phase II)
Considerations: The two economic studies indicate that if the Coles Hill mine and mill were
to go forward as currently proposed by Virginia Uranium, the net economic impact in and
around Pittsylvania County would be about $150 million per year and 1,000 jobs (direct and
indirect) for 20 to 35 years. They also indicate that even if the project is compliant with all
environmental regulations, there will be moderate and measurable air, water and soil
contamination and impacts close to the facility. Finally, they conclude that one large, or
several small accidents/spills would significantly reverse the economic benefit even if no
serious harm to people or the environment occurred
The National Academies of Sciences (NAS) Study: This study was commissioned by the
Virginia Coal and Energy Commission, a legislative commission of the General Assembly, for
the purpose of informing the Commonwealth of Virginia with respect to uranium mining in this
state. The NAS study confirmed that there are significant deposits of uranium in the Blue
1 of 5
Legislative Agenda
General Assembly Session 2013 154
Ridge/Piedmont provinces, although the Coles Hill site is the only economically viable site
that has been discovered to date. The study recognized that Virginia experiences extreme
and unpredictable natural events, including catastrophic precipitation events, earthquakes,
tornadoes, and debris flows which must be considered with respect to determining if any
particular site is appropriate for uranium mining.
The NAS study indicated that uranium mining in Virginia has the potential to -significantly
impact air quality, surface and ground water quality, and the environment. The near and
medium-term impacts may be substantially reduced if world-wide best practices are
rigorously and sustainably adhered to with respect to the regulatory framework, the design,
construction, and operation of the facilities, and monitoring and enforcement.
The study indicated that tailings disposal cells represented significant long-term risks for
radiological and other contamination: "Although significant improvements have been made in
recent years to tailings management practices to isolate mine waste from the environment,
limited data exist to confirm the long-term effectiveness of uranium tailings management
facilities , .. Significant potential environmental risks are associated with extreme natural
events and failures in management practices. Extreme natural events ... have the potential
to lead to the release of contaminants if facilities are not designed and constructed to
withstand such an event, or fail to perform as designed." NAS study at page 145.
The NAS study discussed the City's computer model of a hypothetical, above -grade tailings
disposal cell failure at Coles Hill, as well as the .primary criticism of the City's model that the
tailings would be disposed of below grade, thereby eliminating the possibility of large-scale
release downstream. However, the NAS study specifically dismissed this argument noting
that Colorado recently licensed a uranium mine and mill with partially above -grade disposal
cells, even though below -grade disposal was the best option.
The study concluded that "there are gaps in legal and regulatory coverage for activities
involved in uranium mining, processing, reclamation, and long-term stewardship." NAS study
at page 179. It also concluded that Virginia has no experience with uranium mining, and that
the federal government has little or no experience applying existing laws -and regulations to
states with wet climates and extreme precipitation events. The study noted that Colorado
and Canada have developed rigorous and sustainable uranium mining and milling regulatory
programs based upon world-wide best practices. These programs stress fully empowered.
and funded agencies with strong data -gathering, inspection and enforcement powers.
The NAS study was silent on whether Virginia should, or should not lift the existing
moratorium on uranium mining, but it did provide a single overarching conclusion: "if the
Commonwealth of Virginia rescinds the existing moratorium on uranium mining, there are
steep hurdles to be surmounted before mining and/or processing could be established within
a regulatory environment that is appropriately protective of the health and safety of workers,
the public, and the environment. There is only limited experience with modern underground
and open pit uranium mining and processing practices in the wider United States, and no
such experience in Virginia. At the same time, there exist internationally accepted best
practices, founded on principles of openness, transparency, and ublic involvement in
oversight and decision-making, that could provide a starting point for the Commonwealth of
Virginia were it to decide that the moratorium should be lifted. After extensive scientific and
technical briefings, substantial public input, reviewing numerous documents, and extensive
2 of 5
Legislative Agenda
General Assembly Session 2013 155
deliberations, the committee is convinced that the adoption and r orous im lementation of
such practices would be necessary if uranium mining, processing, and reclamation were to
be undertaken in the Commonwealth of Virginia." NAS study at page 223, emphasis added.
The Virginia Beach/Michael Baker Study: The City's study is a computer simulation of
downstream water quality impacts from a hypothetical, catastrophic breach of a single, above
grade, uranium mine tailings disposal cell. It was prepared by Michael Baker Engineers and
the National Center for Computational Hydroscience and Engineering. The model does not
simulate how or why a disposal cell might fail — it simulates the outcome if one did as a result
of a catastrophic precipitation event. it is a worst case simulation for a single, above grade
cell failure in the Banister River watershed. It is a very unlikely event that technology and
regulations should prevent.
VUl and its consultants have questioned certain aspects of the City's study. The only
question with any merit is the argument that the tailings will be stored below grade. The
computer simulation is based upon the breach of an above -grade disposal cell. The threat to
surface water would be dramatically .reduced if the tailings were stored below grade.
However, the NAS study specifically dismissed the automatic presumption of below -grade
disposal noting that the first. mine and mill licensed ve best son more hutionan ree wasdecades below --grade disposal.
llowed
partially above -grade disposal cells, even though
The original Marline -Union Carbide engineering study of the Coles Hill site in. 1983 ruled out
below -grade disposal because of groundwater conditions. There have been no groundwater
studies to support the feasibility of below -grade disposal, and presentations made to the NAS
by the USGS indicated that groundwater in the region was shallow and mobile, although data
was limited. VUl is not bound by any plan or statement of intentions in existence today.
Mining economics, the price of uranium, and what regulations allow at the time of application
will dictate the mining and tailings disposal methods ultimately pursued. It is important to
note that VUI's own consultant put the likelihood of below -grade disposal at only 50%.
The Phase 11 results are similar in scope to the Phase I results, although far more detailed
with ,respect to the theoretical contamination of Kerr Reservoir and Lake Gaston, following an
nt of the radioactivity would remain in the water
assumed catastrophe. Ten to twenty perce
column and flow downstream, passing through Kerr and B Banister River. Gaston.Eight to ninety three percent
would settle in the river and reservoirs, mostly in
thecontaminants modeled, uranium, thorium, and radium, the latter has the most impact in the
water column in terms of compliance with the Safe Drinking Water Act (SDWA) and Clean
Water Act (CWA). Radioactivity in the sediments is a more significant and longer-term
environmental problem than. in the water column.
The,computer simulation indicates that in the aftermath of an assumed catastrophe, radium
radioactivity in the main body of Lake Gaston would remain above the SDWA and CWA
levels for up to two months during wet years and six to sixteen months during dry years. See
attached graph. In the absence of flood control operations, tributaries and coves in both
reservoirs would not experience the contamination that would occur in the main body of the
two reservoirs. However, flood control operations in Kerr Reservoir would cause
contamination to intrude into some of its tributaries and coves. This would not happen in
Lake Gaston because Lake Gaston is not operated for flood control.
3 of 5
Legislative Agenda
General Assembly Session 2013 156
In contrast to the other water supply intakes in Kerr Reservoir and Lake Gaston, the Virginia
Beach and Chesapeake intake is located in Pea Hill Creek, the largest tributary of Lake
Gaston. Under normal conditions, there is a small net flow of water from Pea Hill Creek to
the main body of Lake Gaston. However, operation of the Gaston pump station reverses the
normal flow of Pea Hill Creek and pulls water from the main body of Lake Gaston into the
tributary. At normal operation, the pump station will pull about 5,000 acre-feet of water per
month from the main body of the lake SnaboaP � 15,0001reek. The volume of water between acre-feet, so would take about three
intake and the main body of the lake 1
months for water from the main body of the lake to reach the intake.
Most water treatment plants are capable of removing 50-90% of the three radiological
contaminants in the City's study. However, this may be a moot issue. Significant resistance
to drawing radioactive contaminants into Pea Hill Creek would be expected from the adjacent
homeowners and jurisdictions, if not North Carolina. Also, the pipeline discharges into a
waterway and lake in Isle of Wight and Suffolk. Adjacent property owners, and perhaps Isle
of Wight and Suffolk, would also be expected to object. The City does not have any state
and federal permits required by the Clean Water Act to discharge radioactive pollutants into
these waterways. Furthermore, it is not clear that the citizens of Chesapeake, Norfolk, or
Virginia Beach -- or their respective City Councils -- would support co -mingling contaminated
water with the regional water supplies, even if the directors of utilities recommended it.
For these reasons, it is assumed that the response to a catastrophic release of tailings would
be to discontinue operation of the Lake Gaston project until the contamination dropped well
below state and federal regulatory levels.
Alternatives: The alternatives are to leave the existing moratorium in place, rescind it, or
update and reaffirm it.
Recommendations: The Coles Hill project would have significant benefits to the local
economy unless there was one big accident or several small ones. Uranium mining in
Virginia could possibly be done safely but the necessary regulatory framework is not in place
today and there are steep hurdles" to overcome before it would be. Although unlikely,
extreme natural events combined with human errors could result in a significant tailings
release from above grade tailing disposal cells and this would require the Gaston pipeline to
shut down for a period of months Roads mor ha
greatee than what occurred could
n the 1980 81
shortages in southslde Hampton
drought.
Although the Nuclear Regulatory Commission will be the regulator of tailings disposal, federal
regulators give great weight to the hosting state in all aspects of the regulatory process.
Historically, Virginia has not had the regulatory philosophy identified by the NAS as being
critical to safely mine uranium in Virginia. It is a valid question to ask if it ever would. While
the probability of a major tailings release is small, the consequences are great.
It is recommended that City Council reaffirm its opposition to uranium mining and to the lifting
of the exiting legislative moratorium on uranium mining.
4of5
Prepared By. ���,,,///✓✓✓
Director of Public Utilities
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Reviewed By: ��'�✓�' � �� �-
Deputy c;Ry'Manager
Approved B `
ity M eager
5of5
Legislative Agenda
General Assembly Session 2013 157
t10 -6--1Z
Date
Date
Date
Date
Water Column Radium Concentration (G—Main07) Legislative Agenda
General Assembly Session 2013 158
1000 _ ... pry Year
Wet Ycar
- - Radium MCL
Water Column RadioactivitY (G—MainO7)
0-01
p 100
200
300
400
500
600
700
Days
1000
Water Column Uranium Concentration (G—Main07)
0.01
0
100 200 300 400
nays
Soo 5uu ion
OUR NA'i1i,
November 15, 2011
Legislative Agenda
General Assembly Session 2013 159
City of Vim-girzia Seach
The Honorable Robert F. McDonnell
Office of the Governor
Patrick Henry Building, 3'd Floor
1111 East Broad Street
Richmond, Virginia 23219
Subject: Base Realignment and Closure (BRAC) Compliance Program
Dear Governor McDonnell:
Congratulations on the recent General Assembly elections. A supermajority in the
House of Delegates and a working majority in the Senate will allow you to leave a
lasting impression on the Commonwealth. The City Council of Virginia Beach
respectfully requests that as part of that legacy that you include in your soon to be
revealed budget for the next biennium funding for the Oceana Base Realignment and
Closure (BRAC) compliance program.
Our request would be for $7.5 million a year in both years of the biennium. This funding
will allow the partnership that we have enjoyed, since the BRAC issue came to the
forefront in 2005, to continue to move forward. Previously, we provided you with our
report for the FY 2012 funds. As you can see from that report, we have obligated all of
the funding available through June 30,. 2012. We also have a number of properties
ready to be purchased when, hopefully, new funding becomes available in the next
biennium.
Legislative Agenda
General Assembly Session 2013160
The Honorable Robert F. McDonnell
Subject: Base Realignment and Closure (BRAC) Compliance Program
November 15, 2011
Page 2
Our successful partnership in protecting Naval Air Station (NAS) Oceana has become a
national model. Your leadership on this issue has also been exemplary. We sincerely
hope that even in these resource constricted times that you can fund the full $7.5 million
proposed for each year of the next biennium. We look forward to continue working with
you in making Virginia an even greater Commonwealth.
Respectfully,
William D. Sessoms, Jr.
Mayor
Glenn R. Davis, Jr.
Council Member
Robert M. Dyer
Council Member
Louis R. Jone
Vice -Mayor
Council Member
Cou
l
Barbara M. He ley o n E. Uhrin
Council Member ouncil Member
AR ilson J m s . Wood #nl�!=
oss
CouncilMember o cil Member ember
cc: Virginia Beach General Assembly Delegation
The Honorable Mark Warner, U.S. Senate
The Honorable Jim Webb, U.S. Senate
The Honorable Congressman Scott Rigell, U.S. House of Representatives
The Honorable Terry. Suit, Secretary of Veterans Affairs & Homeland Security
Admiral John C. Harvey, Jr., Commander, U.S. Fleet Forces Command
Ir
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Requesting the Commonwealth of Virginia Department of Game
and Inland Fisheries to Authorize the City of Virginia Beach to Designate, Post
and Enforce the Section of the Lynnhaven River Between Channel Markers
"1 LR" and "KR" as a "No Wake" Zone
MEETING DATE: November 13, 2012
■ Background: The designated channel of the Lynnhaven River, in certain areas,
is in close proximity to the shoreline and residential structures. The wakes created by
powerboats and others in the channel are endangering smaller watercraft and
damaging the shoreline structures and property. In order to reduce this hazard, the
residents have requested the designation, posting and enforcement of a "no wake" zone
between channel markers 1 LR" and "31-R." The Commonwealth of Virginia Department
of Game and Inland Fisheries ("VDGIF") has regulatory jurisdiction over the Lynnhaven
River, and has indicated a willingness to authorize the City to designate, post and
enforce this area as a "no wake" zone.
■ Considerations: To have this area designated, posted, and enforced as a "no
wake" zone the City must submit an application to VDGIF, which includes a Resolution,
after public notice, requesting such authority.
■ Public Information: Public notice will be provided through the normal Council
agenda process, and was advertised twice (October 28 and November 4, 2012) in the
Beacon.
■ Recommendations: Approve the attached resolution and authorize the City
Manager to submit the appropriate application to have the area designated as a "no
wake" zone.
■ Attachments: Map
Application
Resolution
Recommended Action: Approval
Submitting Department/Agency: Public Works
City Manage. k ,
City of Virginia Beach
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5
OUR NA��N
PUBLIC WORKS/OPERATIONS MANAGEMENT
(757)-385-1470
FAX (757)427-0676
November 15, 2012
Commonwealth of Virginia
Department of Game and Inland Fisheries
State Boating Law Administrator
PO Box 11104
Richmond, VA 23230
VBgovcom
3556 DAM NECK ROAD
VIRGINIA BEACH, VA 23453
Re: Application for Establishment of Regulatory Markers on Public Waters of Virginia
Dear Mr. Guess,
We are forwarding for your approval three copies of the permit application, proposed typical
control sign & buoy specifications and a map indicating the proposed location for sign and
buoy installations and modifications.
Public notice was advertised twice in our local newspaper, The Virginia Pilot and several times
on the Community Information Channel (City cable TV Channel 11). In addition, this
information was offered to all local newspapers, television and radio stations. I have attached
the two copies which were published October 28 and November 4, 2012 in the Beacon of The
Virginian Pilot newspaper. Also attached is a copy of the resolution approved by the Virginia
Beach City Council regarding this request.
As mentioned in the attached approved resolution, the intention of the City of Virginia Beach is
to obtain approval by your Department for installation of regulatory markers. This will establish
a "NO WAKE" zone on the Eastern Branch of the Lynnhaven River connecting to existing "NO
WAKE" zones being Long Creek and Keeling Drain to provide for a safer traverse for all
watercraft and to prevent further damage to waterfront properties. Upon your concurrence we
plan to act in a timely manner to complete this project.
Please contact Mark Johnson at (747) 385-1470 at your earliest convenience if any additional
information can be provided or clarified.
Sincerely,
Mark B. Gemender, P.E.
Public Works Operations Engineer
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF GAME AND INLAND FISHERIES
Application for Establishment of Regulatory Markers on Public Waters of Virginia
Date of Application November 2012 Proposed Date of Installation January 2013
A. APPLICANT
1. Name of Political Subdivision or Agency
City of Virginia Beach Dept. of Public Works Telephone Number (757) 385-1470
2. Name and address of individual to be responsible for installation and maintenance
Mark Johnson Daytime Tel. No. (757) 385-1470
3556 Dam Neck Rd. Virginia Beach, VA 23453
B. NECESSITY OF REASON FOR REQUESTED MARKERS
1. Attach a letter, with two signed copies, addressed to Boating Coordinator, Department of Game and Inland
Fisheries, P.O. Box 11104, Richmond, VA 23230, explaining conditions which make such markers
necessary.
2. Political subdivision — attach three copies of public notice and proposed regulation or ordinance, which has
been issued prior to this application.
C. LOCATION OF MARKERS
Body of Water: Lynnhaven River County: Cily of Virginia Beach
1. Attach three copies of a map, chart section, or drawing to a scale which will readily depict the proposed
zoned area to its surroundings showing the location of each marker to be placed in the water and its
relation to nearby channels and water patterns. Have inset or attachment showing type of marker to be
used at each location.
2. Latitude: see attached Longitude: see attached
D. MARKERS
Type and Number of Markers: 4 — NO WAKE signs and I — NO WAKE buoy
1. All markers must conform to specification as listed in Rules of Establishment of Uniform Regulatory
Markers. State below names of manufacturer of commercial markers that will be used, or, if obtained
otherwise, indicate source.
City of Va. Beach Traffic Sign Shop and Smith & Nephew Rolyan, Inc.
E. CERTIFICATION
The applicant hereby agrees and certifies that all markers authorized by the Department will be installed and maintained
at no expense to the Department; that all such markers will conform to the specifications, standards and conditions set
forth in "Rules for Establishment of State Uniform Regulatory Markers on Public Waters of Virginia" and may be
inspected at any time, without prior notice, by authorized personnel. Should markers not be maintained in satisfactory
condition, the Department may order them removed at no expense to the Department. The applicant agrees that the
Department of Game and Inland Fisheries will not be held liable with respect to any and all claims that may result from
the installation and maintenance of such markers and the marking of any waters does not convey any exclusive
privileges.
(Signature)
(Title)
INSTRUCTIONS:
Complete four copies. Mail three copies with supporting documents to:
Law Enforcement Boating Coordinator Department of Game and Inland Fisheries
P.O. Box 11104 Richmond, VA 23230
Updated July 2006
f
CA
1
1 A RESOLUTION REQUESTING THE
2 COMMONWEALTH OF VIRGINIA DEPARTMENT
3 OF GAME AND INLAND FISHERIES TO
4 AUTHORIZE THE CITY OF VIRGINIA BEACH TO
5 DESIGNATE, POST AND ENFORCE THE SECTION
6 OF THE LYNNHAVEN RIVER BETWEEN CHANNEL
7 MARKERS "1 LR" AND "3LR" AS A "NO WAKE"
8 ZONE
9
10 WHEREAS, the marked navigable channels of the Lynnhaven River ("river") are
11 near residential properties; and
12
13 WHEREAS, the use of the river by powerboats in the channel, at times, create
14 dangerous and destructive wakes; and
15
16 WHEREAS, the wake created by these powerboats endangers persons
17 operating smaller watercraft, and causes damage to waterfront properties including
18 private docks, moored watercraft and erosion of real property; and
19
20 WHEREAS, because of these problems various property owners along the river,
21 especially those in the area between channel markers 1 LR" and "3LR", have requested
22 that the area be designated and posted a "NO WAKE" zone; and
23
24 WHEREAS, the river is under the regulatory jurisdiction of the Commonwealth of
25 Virginia Department of Game and Inland Fisheries ("VDGIF"); and
26
27 WHEREAS, the VDGIF has indicated its willingness to authorize the City of
28 Virginia Beach to post and enforce a "NO WAKE" zone in this area of the river upon the
29 completion of public notice, a favorable recommendation by the City Council, and the
30 submission of a completed application; and
31
32 WHEREAS, the Virginia Beach Police Marine Patrol will accept and enforce the
33 new "NO WAKE" zone upon a favorable recommendation by the City Council, and the
34 approval of the application by the VDGIF.
35
36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
37 VIRGINIA BEACH, VIRGINIA:
38
39 1) That City Council hereby recommends that the VDGIF authorize the City
40 of Virginia Beach to designate, post and enforce as a "NO WAKE" zone
41 that section of the Lynnhaven River from channel markers 1 LR" through
42 "3LR" representing a distance of approximately seventeen hundred
43 (1,700) feet; and
44
45 2) That the City Manager (or his designee) is hereby authorized and directed
46 to submit an application to the VDGIF for such authority, and to include
47 therewith such information and documentation as may be required.
Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of
, 2012.
CA12449
R-3
October 30, 2012
APPROVED AS TO LEGAL UFFICI NCY:
City Attorney's Office
k
4 4
Nr +�y nM'dM
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Three (3)
Years with Two (2) One -Year Renewal Options for the Coffee Shop located
within the City -Owned Property known as the Meyera E. Oberndorf Central
Library
MEETING DATE: November 13, 2012
■ Background: In 2006, the Meyera E. Oberndorf Central Library was renovated
to include an area of approximately 593 square feet in the lobby to be used as a
coffee shop (the "Premises"). The initial vendor leased the Premises from 2007
to the present. In September 2012, the City's Facilities Management Office
issued a Request for Proposals soliciting a vendor to lease the Premises and
continue operation of the coffee shop. Staff has found the response received
from AEN, LLC, d/b/a Smart Coffee ("Smart Coffee") to be acceptable, and
recommends the City enter into a lease with this vendor.
■ Considerations: Smart Coffee has agreed to pay the City $500 per month,
which shall escalate by 3% each year. The City has the right to terminate the
lease upon one hundred eighty (180) days' written notice. See attached
Summary of Terms for more specific terms.
■ Public Information: Advertisement of Public Hearing. Advertisement of City
Council Agenda.
■ Recommendations: Approval
■ Attachments: Ordinance
Summary of Terms
Location Map
Recommended Action: Approval
Submitting Department/Agency: Public Works / Facilities Management P4
City Manager. k i
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR THREE (3)
3 YEARS WITH TWO (2) ONE-YEAR RENEWAL
4 OPTIONS FOR THE COFFEE SHOP LOCATED
5 WITHIN THE CITY -OWNED PROPERTY KNOWN
6 AS THE MEYERA E. OBERNDORF CENTRAL
7 LIBRARY
8
9 WHEREAS, The City of Virginia Beach (the "City") owns property located at
10 4100 Virginia Beach Boulevard known as the Meyera E. Oberndorf Central Library,
11 which contains a coffee shop of approximately 593 square feet of floor area ("Coffee
12 Shop").
13
14 WHEREAS, AEN, LLC (d/b/a Smart Coffee) ("Smart Coffee") is a coffee and
15 bakery establishment that desires to enter into a lease agreement with the City for a
16 term of three (3) years with two (2) one-year renewal options, to occupy and operate
17 the Coffee Shop.
18
19 WHEREAS, Smart Coffee has agreed to pay the City $500 per month, which
20 shall escalate by 3% each year.
21
22 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That the City Manager is hereby authorized to execute a lease for the term of
26 three (3) years, with two (2) one-year renewal options, between AEN, LLC d/b/a
27 Smart Coffee and the City for the Coffee Shop in accordance with the Summary of
28 Terms attached hereto, and made a part hereof, and such other terms, conditions or
29 modifications deemed necessary and sufficient by the City Manager and in a form
30 deemed satisfactory by the City Attorney.
31
32 Adopted by the Council of the City of Virginia Beach, Virginia on the
33 day of , 2012.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
City Attorney 9 Public Wo&s / Facilities
Management
CA12182
\\vbgov.com\DFSI Wpplications\CityLawProd\cycom32\Wpdocs\D010\P016\00042218.DOC
R-1
October 31, 2012
SUMMARY OF TERMS
LEASE OF CITY -OWNED PROPERTY LOCATED
AT CENTRAL LIBRARY, 4100 VIRGINIA BEACH BOULEVARD
LESSOR: City of Virginia Beach
LESSEE: AEN, LLC, d/b/a Smart Coffee
PREMISES: Approximately 593 square feet located within the Meyera E. Oberndorf
Central Library, 4100 Virginia Beach Blvd.
TERM: December 1, 2012 through November 30, 2015, with Two (2) One -Year
Renewal Options
RENT: Five hundred dollars ($500) per month for the first year with 3%
escalation, compounded annually
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Operate coffee shop for library patrons and staff, provide catering services for
special events as requested by Library Manager
• Recruit, train, employ, supervise, direct, discipline and if necessary, discharge all
employees of the coffee shop
• Keep, repair, and maintain the coffee shop in a safe, clean and orderly condition
• Maintain Workers' Compensation Insurance as required under Title 65.2 of the
Code of Virginia; maintain comprehensive general liability insurance coverage
with policy limits of not less than one million dollars ($1,000,000) combined single
limits per occurrence
• Lessee shall have the exclusive right to operate a coffee shop within the
Premises
• Tender a security deposit in the amount of $500
RIGHTS AND RESPONSIBILITIES OF LESSOR:
Library Manager/City shall have access to the Premises at any time, without prior
notice, in the event of an emergency
City shall provide electricity, HVAC, water, building maintenance and repairs for
major items, and replacement of light bulbs
City to provide existing chairs, tables, counters, lighting and other decorative
items "as is"
TERMINATION:
• The City may terminate the Lease for any reason upon one hundred eighty (180)
days' written notice
LOCATION MAP
MEYERA E. OBERNDORF CENTRAL LIBRARY- FIRST FLOOR
4100 VIRGINIA BEACH BOULEVARD, VIRGINIA BEACH
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City
property known as Island Lake located at the rear of 2405 Broad Bay Road, for
property owners John F. Davis, II and Myrtle J. Davis
MEETING DATE: November 13, 2012
■ Background:
John F. Davis, II and Myrtle J. Davis have requested permission to remove an
existing pier and mooring piles and to construct and maintain a pier and a boatlift
upon a portion of City property known as Island Lake, located at the rear of 2405
Broad Bay Road.
There are similar encroachments in Island Lake, which is where Mr. and Mrs.
Davis have requested to encroach.
■ Considerations:
City Staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined in the Agreement.
In accordance with the recommendations of City Council to help address water
quality protection in conjunction with temporary encroachments onto City
property, the requested encroachments have been reviewed by the Department
of Planning/Environment and Sustainability Office. Staff is of the professional
opinion that the full 15 -foot -wide vegetated riparian buffer area does not need to
be established on the property because existing mulched beds (approximately
1,100 sq. ft.) and forest canopy (approximately 1,500 sq. ft.) already provide a
portion of the required vegetated riparian buffer. Accordingly, the applicant shall
make a SEVEN HUNDRED FIFTY TWO DOLLAR ($752.00) payment, payable
to the City Treasurer, to the Department of Planning as compensation for the
remainder of the riparian buffer area (580 sq, ft.) that cannot be established on
the applicant's property. This payment will be used to restore buffer areas on
other City -owned property.
■ Public Information:
Advertisement of City Council Agenda
■ Alternatives:
Approve the encroachments as presented, deny the encroachments, or add
conditions as desired by Council.
■ Recommendations:
Approve the request subject to the terms and conditions of the Agreement.
■ Attachments:
Ordinance, Agreement, Exhibit, Picture and Location Map
Recommended Action: Approval of the ordinance.
Submitting Department/Agency: Public Works/Real Estate
City Manage . k 0
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46
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS
INTO A PORTION OF CITY
PROPERTY KNOWN AS ISLAND LAKE
LOCATED AT THE REAR OF 2405
BROAD BAY ROAD, FOR PROPERTY
OWNERS JOHN F. DAVIS, II AND
MYRTLE J. DAVIS
WHEREAS, John F. Davis, II and Myrtle J. Davis desire to remove an existing
pier and mooring piles and to construct and maintain a pier and a boatlift upon a portion
of City property known as Island Lake located at the rear of 2405 Broad Bay Road, in
the City of Virginia Beach, Virginia; and
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
City's property subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, John F. Davis, II and Myrtle
J. Davis, their heirs, assigns and successors in title are authorized to construct and
maintain temporary encroachments for a proposed pier and a boatlift, to remove an
existing pier and mooring piles, upon a portion of City property known as Island Lake as
shown on the map marked Exhibit "A" and entitled: "EXHIBIT A PROPOSED
ENCROACHMENT OF PIER & BOATLIFT IN ISLAND LAKE GPIN: 1499-98-3784
SHEET 1 OF 1 DATE: OCTOBER 10, 2012 SCALE: 1" = 30'," a copy of which is on file
in the Department of Public Works and to which reference is made for a more particular
description; and
BE IT FURTHER ORDAINED that the temporary encroachments are expressly
subject to those terms, conditions and criteria contained in the Agreement between the
City of Virginia Beach and John F. Davis, II and Myrtle J. Davis (the "Agreement"),
which is attached hereto and incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
hereby authorized to execute the Agreement; and
BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
time as John F. Davis, II and Myrtle J. Davis and the City Manager or his authorized
designee execute the Agreement.
47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
48 of , 2012.
CA-12171
R-1
PREPARED: 10/18/2012
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENC AND FORM
P LIC R S, REAL ESTATE D ME ER,
ASSI ANT CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 16th day of October, 2012, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and JOHN F. DAVIS, II and MYRTLE J.
DAVIS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 72, Section 1", as shown on that certain plat
entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA.
LYNNHAVEN MAGISTERIAL DISTRICT Scale 1" = 100' FEBRUARY, 1958, prepared
by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS
NORFOLK, VA — VIRGINIA BEACH, VA. — PRINCESS ANNE COURTHOUSE, VA.,"
and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and
described as 2405 Broad Bay Road, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to remove an existing pier and
mooring piles and to construct and maintain a pier and a boatlift, collectively, the
"Temporary Encroachments", in the City of Virginia Beach; and
GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS
ISLAND LAKE)
1499-98-3784-0000; (2405 Broad Bay Road)
WHEREAS, in constructing and maintaining the Temporary
Encroachments, it is necessary that the Grantee encroach into a portion of an existing
City property known as Island Lake located at the rear of 2405 Broad Bay Road,
Virginia Beach, Virginia, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachments within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachments.
It is expressly understood and agreed that the Temporary Encroachments
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
Temporary Encroachments into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
PROPOSED ENCROACHMENT OF PIER & BOATLIFT IN
ISLAND LAKE, GPIN: 1499-98-3784, SHEET 1 OF 1, DATE:
OCTOBER 10, 2012, SCALE: 1" = 30'," a copy of which is
attached hereto as Exhibit "A" and to which reference is
made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachments from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
2
It is further expressly understood and agreed that the Temporary
Encroachments herein authorized terminate upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachments must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachments.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a building permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee shall make
a SEVEN HUNDRED FIFTY TWO DOLLAR ($752.00) payment, payable to the City
Treasurer, to the Department of Planning/Environment and Sustainability Office as
compensation for the typically required 15 -foot -wide riparian buffer area that cannot be
3
established on the property of the Grantee; said buffers are a standard condition of the
City for shoreline encroachments. Said payment is equal to partial cost of plant material
which will be used to restore buffer areas on other City -owned property.
It is further expressly understood and agreed that the Grantee shall
maintain an existing mulched bed (approximately 1,100 sq. ft.) and forest canopy
(approximately 1,500 sq. ft.). The Grantee will install a meandering buffer to include
knock -out roses (the "Buffer") of a size and species of the Grantee's choice, to be
planted landward of the bulkhead near the South property line.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachments.
It is further expressly understood and agreed that the Temporary
Encroachments must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area,- certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
11
the Temporary Encroachments sealed by a registered professional engineer, if required
by either the Department of Public Works City Engineer's Office or the Engineering
Division of the Department of Public Utilities.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachments and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachments; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachments are
allowed to continue thereafter, and may collect such compensation and penalties in any
manner provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, John F. Davis, II and Myrtle J. Davis, the said
Grantees, have caused this Agreement to be executed by their signatures. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
2012, by , CITY
MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
20121 by , CITY
CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, on its behalf. She is personally known to me.
Notary Registration Number:
My Commission Expires:
0
Notary Public
(SEAL)
By
John,t. Davis, II, Owner
Y�
Myrtle J. Dav' , Owner
STATE OF
CITY/C'Y OF , to -wit:
The foregoing instrument was acknowledged before me this & day of
d ` , 2012, by John F. Davis, II
(SEAL)
Not Public
Notary Registration Number: EDWARD W BRITT
NOTARY PUBLIC
My Commission Expires: %��/!%,O i Commonwealth of Virginia
My Co.
Reg. A' ''?3246
_flay 31, 2016
STATE OF �/ 1
CITY/GeUN:H1 OF to -wit:
The foregoing instrument was acknowledged before me this %0/ /-'`7/day of
zt 2012, by Myrtle J. Davis.
(SEAL)
No ary Public
Notary Registration Number: 193 L Lf(o
My Commission Expires: 111119 V 33 20 /(0
7
EDWARD W BRITT
NOTARY PUBLIC
Commonwealth of Virginia
Reg. t• ; 932,,6
My t.lay 31, 2016
APPROVED AS TO CONTENTS
S I G, N 4AT
zj. L
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
ISLAND LAKE
VIRGINIA BEACH CITY PROPERTY
0' 10' 20' 3D'- — - — -
68' -
SCALE: 1" = 30' MLW SPAN
PROPOSED PIER CENTER LINE
AND BOATLIFT OF CANAL
///
- / 12.5
0
PROPERTY LINE
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5 58 08 03
1�
PINE TREE
1 16
A
4'
4240' S 68'55'03" W
O O O O 0 0 00 0 O
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AZALEA _1-1O
SHRUBS
SECTION I _OT 71
N/F BILL BACHSMITH
2401 BROAD BAY ROAD HEDGE
GPIN #1499 98 5801 SHRUBS
DOC #20100203000110940
MB45 P37 & 37A
CLIPPER LANE
125'
APPLICATION FOR ENCROACHMENT
F. DAVIS, II & MYRTLE J. DAVIS
BROAD BAY RD
IA BEACH, VA 23451
EDGE OF MEAN HIGH WATER
EDGE OF MEAN LOW WATER
INSTALL MEANDERING BUFFER ABOVE
7' CONTOUR LINE
PIER TIEDOWN
1 2
A 110.6' 90.0
B 129.9' 87.1
#2405
32.0
27.5o, I
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(TO BE REMOVED)
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SECTION I LOT 72
N/F JOHN F. DAVIS, II & MY TSE Jp DAVI',
2405 BROAD BAY ROAD
GPIN #1499 98 3784
DOC #20120912001047230 a a
MB45 P37 & 37A
O
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E BROAD BAY ROAD
PROPERTY LINE
EXISTING
HAZELNUT TREE
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Lie. No. 034674
0 10/10/2012
`S- ONAL
EXHIBIT A rrcr_rnr,cv Dr:
MARINE ENGINEERING & TECHNOLOGY
PROPOSED ENCROACHMENT 1297 BRADDOCK AVE
OF VIRGINIA BEACH, VA 23455
PIER & BOATLIFT SHEET 1 OF 1
IN
ISLANDK DATE: OCTOBER 10, 2012
3'-4'
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N/F BILL BACHSMITH
2401 BROAD BAY ROAD HEDGE
GPIN #1499 98 5801 SHRUBS
DOC #20100203000110940
MB45 P37 & 37A
CLIPPER LANE
125'
APPLICATION FOR ENCROACHMENT
F. DAVIS, II & MYRTLE J. DAVIS
BROAD BAY RD
IA BEACH, VA 23451
EDGE OF MEAN HIGH WATER
EDGE OF MEAN LOW WATER
INSTALL MEANDERING BUFFER ABOVE
7' CONTOUR LINE
PIER TIEDOWN
1 2
A 110.6' 90.0
B 129.9' 87.1
#2405
32.0
27.5o, I
S 8>.48
.32 w
EXIST PIER & MOORING PILES
(TO BE REMOVED)
r7' CONTOUR
O O O O O O O
XO/ O
O
INSTALL KNOCK -OUT ROSES _/
3'-4' 0. C.
EXISTING
OAK TREE
0 HEDGE
SHRUBS
2
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7=4 0
0
v
SECTION I LOT 72
N/F JOHN F. DAVIS, II & MY TSE Jp DAVI',
2405 BROAD BAY ROAD
GPIN #1499 98 3784
DOC #20120912001047230 a a
MB45 P37 & 37A
O
L=
R=120.00
E BROAD BAY ROAD
PROPERTY LINE
EXISTING
HAZELNUT TREE
2 PL
` SECTION I LOT 73
J(
IS BRIAN JONES
2409 BROAD BAY ROAD
u GRIN #1499 98 2733
DOC #200411180183248
MB45 P37 & 37A
0
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C' DAVID KLED23K y
Lie. No. 034674
0 10/10/2012
`S- ONAL
EXHIBIT A rrcr_rnr,cv Dr:
MARINE ENGINEERING & TECHNOLOGY
PROPOSED ENCROACHMENT 1297 BRADDOCK AVE
OF VIRGINIA BEACH, VA 23455
PIER & BOATLIFT SHEET 1 OF 1
IN
ISLANDK DATE: OCTOBER 10, 2012
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance (1) Approving Phase V of the Town Center Project, (2)
Recommending Approval and Execution by the City of Virginia Beach
Development Authority of the Phase V Documents, and (3) Authorizing
the City Manager to Execute an Agreement Supporting the Authority
Obligations Under the Phase V Documents
MEETING DATE: November 13, 2012
Background: The Town Center Project (the "Project") has been a long-term
priority for the City. The City Council first recognized the importance of the Project in
the Central Business District of the City when it adopted the Comprehensive Plan on
November 4, 1997. On November 23, 1999, the City Council adopted the Central
Business District — South Tax Increment Financing District (the "TIF") with the intent of
entering into an agreement with a developer and using the funds to help pay for the
City's participation in the Project. At its February 8, 2000 meeting, the City Council
approved a Development Agreement for Phase I of the Project containing the rights and
obligations of the Virginia Beach Development Authority (the "Authority") and Town
Center Associates, L.L.C. (the "Developer"). Phase I of the Project, comprised of a
272,000 square foot office tower, 109,000 square feet of commercial space, a 176 -room
hotel, an 18,000 square foot bank headquarters building, a 1,284 -car public parking
garage, and public streets, sidewalks and utilities, has been completed.
On June 3, 2003, the City Council approved the Phase II Development
Agreement containing the rights and obligations of the Authority and the Developer with
respect to Phase II of the Project. One of the blocks associated with the second phase
of the Project, the Galyan's Sports and Outdoor Adventure Store (now Dick's Sporting
Goods), opened in April of 2004 with an adjoining 574 -space public parking facility, and
18,000 square feet of retail space. Other development includes a 14 -story 341 -unit
luxury apartment complex with an 851 -space public parking facility, a public plaza and
194,000 square feet of office/retail/entertainment space. Phase II of the Project is
complete.
On September 5, 2005, the City Council approved the Phase III Development
Agreement containing the rights and obligations of the Authority and the Developer with
respect to Phase III of the Project. Phase III of Town Center is a multi -block, multi-
facility mixed-use development. Phase III includes (i) on Block 6, approximately 14,000
square feet of retail and 56 loft condominiums adjacent to the Sandler Center for the
Performing Arts; (ii) on Block 7, a 37 -story high-rise, including approximately 36,500
square feet of retail space and the 236 room Westin Hotel, 25,000 square feet of
meeting and pre -function space, 119 luxury residential condominiums, and 947 -space
parking garage, with 720 public spaces; and (iii) on Block 5, an approximately 116,000
square foot office building.
Phase III was also amended to authorize the acquisition of Block 2 of the Town
Center Project (the "Beacon Building"). As authorized by the Second Modification to the
Phase III Development Agreement, the Authority negotiated the acquisition of the Block
2 Property in exchange for 15,000 square feet of improved office space in the Block 7
West Retail Space, a $1,635,000 cash payment, five parking spaces in the Block 7
Parking Garage and a $300,000 EDIP award to cover moving expenses. This
transaction is referred to as the "Beacon Exchange". The Authority acquired title to
Block 2 in May of 2009. Phase III of the Project is complete.
On January 13, 2009, City Council approved the Phase IV Development
Agreement. Due to changes in the economy, Phase IV was not started and the Phase
IV Development Agreement has expired.
Considerations: The Developer is now proposing to begin Phase V of Town
Center which will be a single -block, multi -facility mixed-use development consisting of
the following elements:
• Single Block, Multi -facility, Mixed-use Development
• First Floor — Office & Apartment Lobbies and Retail (Approx. 18,000 sq. ft.)
• Parking Garage, Approx. 850-875 Spaces (6 levels)
• Office Space (8 floors — Approx. 174,000 sq. ft.)
• Apartment Units (4 floors — Approx. 267 residential units)
Costs:
• Public cost not to exceed $19 million ($18 million for garage / $1 million for
streetscapes)
• Annual lease payment for full floor of new tower starting at $28.25 p.s.f
• Private investment expected to be $70.4 million
Funding: Total public cost for Phase V will not exceed $.19 million. These costs
shall be funded with a combination of $1 million from the Authority's Economic
Development Incentive Program and $18 million in revenue bonds.
To service the revenue bonds, the following sources will be utilized`
(i) Funds generated by the TIF
(ii) $2,500,000 in EDIP Funds previously appropriated by City Council
to the Authority for Phase IV will be transferred to the TIF
(iii) Hotel taxes collected from the hotels in Town Center (excluding
taxes earmarked for TAP and TGIF)
Public Information: Public Information for this item will be handled through the
normal Council agenda process. A public briefing on Phase V was conducted at the
September 11, 2012 City Council meeting, and public comment was heard at the
September 18, 2012 City Council meeting. City Council approved the Term Sheet for
Phase V at the October 9, 2012 City Council meeting.
Alternatives: The Phase V Documents reflect the City's on-going commitment to
the long-term priority of developing a Town Center for the City. There are certainly
other alternatives to development of the Central Business District. However, few if
any alternatives accomplish Council's stated goals for the area or provide the level
of quality proposed.
Recommendations: Approve the Documents relating to Phase V of the Town
Center (Central Business District), request approval and execution by the Virginia
Beach Development Authority, and authorize the City Manager to execute a Phase
V Support Agreement.
0 Attachments: Ordinance
Summary of Terms
Recommended Action: Approval
Submitting Department/Agency: Economic Development
City Manage $.
V
1 ORDINANCE (1) APPROVING DOCUMENTS FOR
2 PHASE V OF THE TOWN CENTER PROJECT, (2)
3 RECOMMENDING APPROVAL AND EXECUTION
4 BY THE CITY OF VIRGINIA BEACH
5 DEVELOPMENT AUTHORITY OF THE PHASE V
6 DOCUMENTS, AND (3) AUTHORIZING THE CITY
7 MANAGER TO EXECUTE AN AGREEMENT
8 SUPPORTING THE AUTHORITY OBLIGATIONS
9 UNDER THE PHASE V DOCUMENTS
10
11 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of
12 Virginia Beach Development Authority (the "Authority"), the City Manager and City
13 staff have engaged in extensive negotiations with representatives of Armada/Hoffler
14 Development Company, L.L.C. and its affiliates, regarding the continued
15 development of the Central Business District Project known as "The Town Center of
16 Virginia Beach" (the "Project");
17
18 WHEREAS, the Project is a development arrangement between the Authority
19 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial
20 development utilizing the structure of an economic development park in the B -3A
21 Pembroke Central Business Core District, an area of the City that is zoned to
22 optimize development potential for a mixed-use, pedestrian -oriented, urban activity
23 center with mid -to -high-rise structures that contain numerous types of uses,
24 including business, retail, residential, cultural, educational and other public and
25 private uses;
26
27 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No.
28 99-2567B establishing the Central Business District —South Tax Increment Financing
29 Fund (the "TIF");
30
31 WHEREAS, Phases I, II and III of the Project have been completed and
32 Phase IV of the Project has expired;
33
34 WHEREAS, the Developer has worked with the City Manager and City staff
35 and has proposed a comprehensive development plan for Phase V of the Project;
36
37 WHEREAS, the City Manager and City Attorney, on behalf of the City and the
38 Authority, have pursued the negotiation of a Phase V Development Agreement and
39 other related Phase V documents (collectively, the "Phase V Documents") in
40 substantial conformity with the terms outlined on the Summary of Terms, attached
41 hereto as. Exhibit A. A copy of the proposed Phase V Development Agreement has
42 been provided to City Council;
43
44 WHEREAS, included as one of the Phase V Documents is a support
45 agreement between the City and the Authority (the "Phase V Support Agreement")
46 pursuant to which the obligations of the Authority contained in the Phase V
47 Documents are supported by the City, (a) with the traditional public infrastructure
48 costs of the Project to be funded, in part, through the City's CIP and, in part, through
49 the Authority's Economic Development Investment Program monies and (b) with the
50 other obligations of the Authority structured to be paid, subject to annual
51 appropriation, by (i) the available revenue from the TIF, including $2,500,000 in
52 EDIP Funds transferred from the Authority back to the TIF, and (ii) by available
53 revenue generated from the hotel taxes collected in Town Center (excluding those
54 taxes earmarked for the TGIF and TAP funds);
55
56 WHEREAS the City Council finds that Phase V of the Project will stimulate
57 the City's economy, increase public revenues, enhance public amenities and further
58 the City's development objectives for the Central Business District and provide
59 necessary components to further the goals contained in the City's Guidelines for
60 Evaluation of Investment Partnerships for Economic Development; and
61
62 WHEREAS, the City Council hereby approves the Phase V Documents and
63 desires that the Authority approve and execute the Phase V Documents.
64
65 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
66 OF VIRGINIA BEACH, VIRGINIA;
67
68 1. The City Council approves the execution of the Phase V Development
69 Agreement, which implements a development arrangement between the City of
70 Virginia Beach Development Authority (the "Authority") and Town Center Associates,
7.1 L.L.C. (the "Developer") for the development of Phase V of the mixed-use
72 commercial development project in the Central Business District utilizing the
73 structure of an economic development park known as the "Town Center of Virginia
74 Beach" (the "Project"), so long as such agreement is consistent with the Summary of
75 Terms attached hereto as Exhibit A, and such other terms, conditions or
76 modifications as may be acceptable to the City Manager and deemed legally
77 sufficient by the City Attorney.
78
79 2. The City Council requests and recommends that the Authority adopt a
80 Resolution consistent with this Ordinance (a) approving the Phase V Development
81 Agreement and all other documents required to implement the provisions of the
82 Phase V Development Agreement (collectively, the "Phase V Documents"), (b)
83 authorizing the execution of Phase V Documents, and (c) authorizing the City
84 Manager and the City Attorney, on behalf of the Authority, to proceed with the
85 development of any additional Phase V Documents necessary and appropriate or
86 contemplated by the Phase V Development Agreement to implement Phase V of the
87 Project consistent with the terms outlined in the Phase V Development Agreement.
88
89 3. On behalf of the City of Virginia Beach, the City Manager and the City
90 Attorney are hereby authorized and directed to proceed with the development of any
91 additional Phase V Documents necessary and appropriate or contemplated by the
92 Phase V Development Agreement to implement Phase V of the Project, with the
93 Phase V Documents to contain such terms as are consistent with the terms outlined
94 in the Phase V Development Agreement.
95 4. The Authority is hereby authorized to utilize $1,000,000 from its
96 Economic Development Investment Program ("EDIP") to partially fund the public
97 obligations as set forth in the Phase V Documents.
98
99 5. The Authority is requested to return $2,500,000 in EDIP Funds
100 previously provided by the City.
101
102 6. Upon receipt of the funds described in paragraph 5, supra, such
103 $2,500,000 are hereby accepted and appropriated, with estimated local revenues
104 increased accordingly, to the Central Business District — South Tax Increment
105 Financing Fund (Fund 169) to partially fund the public obligations as set forth in the
106 Phase V Documents.
107
108 7. The City Manager, or his designee, is authorized to execute and
109 deliver (a) the Support Agreement between the City and the Authority supporting the
110 Authority's obligations contained in the Phase V Documents and (b) such other
111 Phase V Documents to which the City is a necessary party to enable the Authority to
112 proceed with its obligations in Phase V of the Project.
113
114 8. The City Manager is authorized to modify the Phase V Documents to
115 which the City is a party to the extent such modifications may be technical in nature,
116 provided that after such modifications, the Phase V Documents shall remain in
117 substantial conformity with the Phase V Development Agreement and such
118 modifications are in a form deemed legally sufficient and satisfactory by the City
119 Attorney.
120
121 Adopted by the Council of the City of Virginia Beach, Virginia, on the
122 day of 12012.
REQUIRES AN AFFIRMATIVE VOTE BY A MAJORITY OF ALL THE MEMBERS
OF CITY COUNCIL
APPROVED -TOLE L
SUFFICIE Y AND M
City Attorney
-. VED AS TO FUNDS
CA12406
V:vapplications\citylawprodAcycom32\WpdocsVD006T004,00000226. DOC
R-3
November 6, 2012
APPROVED AS TO CONTENT
Economic Development
APPROVED AS TO CONTENT
`✓�-14
anage nt Jervices
EXHIBIT A
SUMMARY OF TERMS- PHASE V TOWN CENTER
Phase V of the Town Center Project will consist of a single -block mixed use
development on Block 11 of Town Center (presently surface parking)
1. Scope of Proposed Improvements
Single Block, Multi -facility, Mixed-use Development / Main Building: 14 Stories
• Parking Garage, Approx. 850-875 Spaces (6 levels)
• Office Tower (8 levels above garage)
• Apartments above ground -level parking (4 floors- approximately
267 units)
• Retail, Main Lobby and Apartment Lobby (approximately 18,000
sq. ft.)
2. Developer Obligations
A. Developer owns all of the land except for a 30' Strip along the western
edge of the block. Developer to purchase the 30' Strip from Authority (at
Authority's cost of acquisition and cost of carry).
B. Construct all improvements:
• Office Tower
• Main Lobby
• First Floor Retail
• Parking Garage
• Apartments
• Streetscapes
C. Estimated Private Investment: $70.4 million
3. Authority Obligations
A. Pay for Infrastructure Improvements:
• Estimated Cost: $1,000,000
• To include streetscapes, utilities, traffic signals
B. Lease 1 floor in new 14 -story Office Tower.
• Leased Area: — 20,000 square feet
• VBDA's rent— Starting at $28.25 per square foot
• Rate not to be higher than anchor tenant
C. Extend term of current lease in Armada/Hoffler Tower by two years
(11/1/12 through 10/31/14).
• Developer has right to move Authority to alternate location in
Town Center during term if 10"' floor is needed for Hampton
University.
• Developer bears all costs of move.
D. Purchase Parking Garage:
• Estimated Cost: not to exceed $18 million
• Exact price to be determined based on construction costs
4. Other Terms:
A. New office tower to be anchored by Clark Nexsen.
• Leasing 4 full floors
• Anticipate approx. 350 employees to relocate to Virginia Beach
B. Developer to construct temporary parking lot on Block 9 to partially
replace spaces lost during construction. Cost to be split between
Developer and Authority (Authority's share, estimated at $75,000, to
come from $1 million infrastructure budget).
r�iynaGcti.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Confirming the Declaration of a Local Emergency Due to
Hurricane Sandy
MEETING DATE: November 13, 2012
■ Background: Virginia Code § 44-146.21 authorizes the local director of
emergency services to declare the existence of a local emergency. City Code § 2-411
provides that the City Manager is the City's Director of Emergency Management. On
Saturday, October 27, 2012, the City Manager issued a declaration of local emergency
in light of the imminent threat of Hurricane Sandy. The declaration was effective at 5:00
p.m. on October 27, 2012, and concluded at 6:00 p.m. on October 29, 2012. The City
Manager's declaration authorized City agencies to take all reasonable actions
necessary to protect the health and safety of Virginia Beach citizens from the damaging
effects of Hurricane Sandy.
■ Considerations: Virginia Code § 44-146.21 requires that the City Council
confirm the declaration of local emergency within 14 days of the declaration. When the
14'" day falls on a weekend that is followed by a legal holiday, as it does here, Code of
Virginia § 1-210 allows this confirmation to occur on the first business day after such
weekend and holiday, is November 13, 2012.
■ Public Information: This ordinance will be advertised in the same manner as
other Council agenda items.
■ Attachments: Ordinance and Declaration of Local Emergency
Recommended Action: Approval
City Manager:
1 AN ORDINANCE CONFIRMING THE DECLARATION OF A
2 LOCAL EMERGENCY DUE TO HURRICANE SANDY
3
4 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of
5 emergency management to declare the existence of a local emergency, subject to
6 confirmation by the governing body;
7
8 WHEREAS, in conformity with the Commonwealth of Virginia Emergency
9 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by
10 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency
11 Management and appointed the City Manager as the Director of Emergency
12 Management; and
13
14 WHEREAS, in response to the imminent threat of damage posed by Hurricane
15 Sandy, the City Manager, as the Director of Emergency Management, issued a
16 Declaration of Local Emergency on Saturday, October 27, 2012, effective at 5:00 p.m.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20
21 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms
22 the Declaration of Local Emergency issued by the City Manager on October 27, 2012, a
23 copy of which is attached hereto and incorporated by reference, and hereby ends the
24 declared emergency, effective Monday, October 29, 2012, at 6:00 p.m.
Adopted by the Council of the City of Virginia Beach on the day of
, 2012.
APPROVED AS TO CONTENT:
City/M4nager's
CA 12462
R-2
October 30, 2012
APPROVED AS TO LEGAL
SUFFICIENCY:
r
City At ne sic
�4
4'S OF OUR RA���S
Cid of Vim- ire i a F3�ac1-i
VBgov.com
OFFICE OF THE CITY MANAGER MUNICIPAL CENTER
(757) 385A242 BUILDING 1, ROOM 234
FAX (785A24-5626 2401 COURTHOUSE DRIVE
TDD (757) 57) 27-56 6 VIRGINIA BEACH, VIRGINIA 234569001
DECLARATION OF LOCAL EMERGENCY
1, the undersigned, as City Manager and Director of Emergency Management for the City
of Virginia Beach, find the imminent threat of hurricane generated winds, forecasted to cause
coastal flooding and the very real possibility of tornadoes and power outages, along with the loss
or interruption of vital City services posed by Hurricane Sandy to be of sufficient severity and
magnitude to warrant coordinated local government action to prevent or alleviate any potential
damage, loss, hardship or suffering. Therefore, pursuant to Code of Virginia § 44-146,21, as
amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach
beginning October 2 7_, 2012 at Y,-0 0 w, ,
In accordance with this Declaration, the Office of Emergency Management and all other
appropriate City agencies are hereby vested with, and authorized to carry out, all powers, duties
and functions prescribed by State a local laws, rules, regulations and plans as may be necessary
to adequately and appropriately respond to said Local Emergency.
1 es Spore, City Ma er &
D c r of Emergency Management
(Date)
B CA
T
�4yY;�v
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to Approve Establishment of Med 1 Inter -Facility Care, LLC in
Virginia Beach and to Approve an Annual EMS Permit for Providing Private
Ambulance Services
MEETING DATE: November 13, 2012
■ Background: Code of Virginia Section 15.2-955 requires City Council to
approve, by resolution, the establishment of any emergency medical service
organization wishing to operate in the City of Virginia Beach. Further, Code of Virginia
Section 32.1-111.14 and City Code Section 10.5-2 require such an organization to
obtain an annual permit authorizing its operation. The required annual permit must be
granted by City Council.
■ Considerations: The required application has been processed by the
Department of Emergency Medical Services for the operation of a private permitted
EMS agency. The Department of Emergency Medical Services is recommending
approval of both the establishment and operation of Med 1 Inter -Facility Care, LLC in
Virginia Beach as necessary to assure the provision of adequate and continuing
emergency services and to preserve, protect and promote the public health, safety and
general welfare. This permit will be effective immediately and until June 30, 2013.
■ Public Information: Public information will be handled through the normal
agenda process.
■ Recommendations: Approve Resolution.
■ Attachments: Resolution.
Recommended Action: Approval
Submitting Department/Age cy: Department of Emergency Medical S is
City Manager S ,
1 A RESOLUTION TO APPROVE ESTABLISHMENT OF MED 1
2 INTER -FACILITY CARE, LLC IN VIRGINIA BEACH AND TO
3 APPROVE AN ANNUAL EMS PERMIT FOR PROVIDING
4 PRIVATE AMBULANCE SERVICES
5
6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must
7 approve the establishment of an emergency medical service organization in the City of
8 Virginia Beach; and
9
10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code §
11 10.5-2 , any individual or organization that desires to operate an emergency medical
12 services agency or emergency medical services vehicles in Virginia Beach for emergency
13 transport or non -emergency transport purposes must apply for a permit; and
14
15 WHEREAS, a request for establishment and an application for a permit has been
16 received from Med 1 Inter -Facility Care, LLC; and
17
18 WHEREAS, this request and application has been recommended for approval by
19 the Virginia Beach Department of Emergency Medical Services; and
20
21 WHEREAS, City Council finds the approval of this request and application is in the
22 best interests of the citizens of Virginia Beach as it will assure continued and adequate
23 emergency services and will preserve, protect and promote the public health, safety and
24 general welfare of the citizens.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 That the request of Med 1 Inter -Facility Care, LLC for the establishment of its
30 emergency medical service in the City of Virginia Beach, and its application for an annual
31 EMS permit for providing private EMS ambulance services in the City of Virginia Beach is
32 hereby approved and granted, effective immediately and until June 30, 2013.
33
34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
35 , 2012.
APPROVED AS TO CONTENT:
Errierdency Medical Services
7
CA 12456
R-1
October 22, 2012
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
�'�Y„�„'.6N%T
J D)
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate and Transfer a Donation from Miyazaki City,
Japan, One of the City's Three Sister Cities, to Offset a Portion of the
Construction Costs of the Azumaya Located in the Japanese Garden at Red
Wing Park
MEETING DATE: November 13, 2012
■ Background: On April 4, 2012, Miyazaki City, Japan, Sister City to the City
of Virginia Beach, donated thirty thousand U.S. dollars ($30,000) to offset a portion of
the construction costs of the Azumaya and expansion of the Japanese Garden at Red
Wing Park. The Department of Parks and Recreation completed the construction of the
Azumaya, and the Dedication Ceremony was held July 25, 2012.
In FY 2011-12, this donation was deposited but not appropriated to the FY 2011-12
Operating Budget of the Office of the City Clerk under the Sister Cities program. At the
close of FY 2011-12, the funds fell to the fund balance of the General Fund.
■ Considerations: The generous donation allowed the City of Virginia Beach to
construct the Azumaya, a traditional Japanese Structure, to enhance the peaceful
surroundings and provide a "place of rest" for citizens and tourists alike. To expedite
the project, Parks and Recreation charged the cost of construction of the Azumaya and
expansion of the Japanese Garden to the City Beautification Fund and other Landscape
Management Operating Budget accounts, and is requesting reimbursement be made to
the City Beautification Fund. To ensure proper tracking of this donation as part of the
Sister Cities Program, the City Clerk's Office recommends appropriating these funds to
the FY 2012-13 Operating Budget of the Office of the City Clerk, and then transferring
them to the City Beautification Fund. Funds are available in the Fund Balance of the
General Fund for this purpose.
■ Public Information: Public information will be provided through the normal
Council agenda process.
■ Recommendations: Approval of the attached ordinance.
■ Attachments: Ordinance; Program from Azumaya Dedication
Recommended Action: Approval
Submitting Department/Agency: Office of the City Clerk tobjsp
City Manager: " V I
"
1 AN ORDINANCE TO APPROPRIATE AND
2 TRANSFER A DONATION FROM MIYAZAKI CITY,
3 JAPAN, ONE OF THE CITY'S THREE SISTER
4 CITIES, TO OFFSET A PORTION OF THE
5 CONSTRUCTION COSTS OF THE AZUMAYA
6 LOCATED IN THE JAPANESE GARDEN AT RED
7 WING PARK
8
9 WHEREAS, On April 4, 2012, Miyazaki City, Japan, one of three Sister Cities to
10 the City of Virginia Beach, donated thirty thousand U. S. dollars ($30,000) to offset a
11 portion of the construction costs of the Azumaya and expansion of the Japanese
12 Garden at Red Wing Park; and
13
14 WHEREAS, to expedite the project the Department of Parks and Recreation
15 charged the construction costs to the City Beautification Fund and other Landscape
16 Maintenance accounts, completed the construction of the Azumaya, and the Dedication
17 Ceremony was held July 25, 2012.
18
19 WHEREAS, the donation from Miyazaki was not appropriated in FY 2011-12, so
20 these funds remain available for appropriation in the fund balance of the General Fund.
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA THAT:
24
25 1) $30,000 is hereby appropriated from the fund balance of the General Fund,
26 with estimated revenues increased accordingly, to the FY 2012-13 Operating Budget of
27 the Office of the City Clerk in the Sister Cities Program; and
28
29 2) $30,000 is hereby transferred from the FY 2012-13 Operating Budget of the
30 Office of the City Clerk to the City Beautification Fund (Fund 908) for reimbursement of
31 the construction costs of the Azumaya and expansion of the Japanese Garden at Red
32 Wing Park.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 12012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Management Services y Att s Office
CA12461
R-1
October 22, 2012
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K. PLANNING
1. Application of BRAVA L.L.C., for Modification of Conditions Nos. 1, 2 and 12 re a parking
lot at 2002 Pacific Avenue (approved August 23, 2011) and ALLOW enlargement of the
parking area (DISTRICT 6 — BEACH)
RECOMMENDATION
APPROVAL
2. Application of COLONIAL COLLISION CENTER, LLC, DBA Rick Hendrick Collision
Center for a Conditional Use Permit re automobile repair facility/garage at 2700 International
Parkway (DISTRICT 6 — BEACH)
RECOMMENDATION
' ' 01%lll
3. Application of ROBERT and RAMONA CASTNER for a Conditional Use Permit re home
daycare at 5236 Windsor Lane (DISTRICT 2 — KEMPSVILLE)
RECOMMENDATION APPROVAL
4. Applications of ARCHANGEL ENTERPRISES, INC., at Maxey Drive and Virginia Beach
Boulevard (DISTRICT 6 — BEACH):
a. Change of Zoning from A-12 Apartment to B-2 Community Business
b. Conditional Use Permit re motor vehicle sales/service
RECOMMENDATION
APPROVAL
5. Application of MPB, INC. fora Conditional Change of Zoning from AG -1 and AG -2
Agricultural to Conditional 0-2 Office at Princess Anne Road and Elson Green Avenue
(DISTRICT 7- PRINCESS ANNE)
RECOMMENDATION
APPROVAL
6. Application of CITY OF VIRGINIA BEACH for a Floodplain Variance re parking lot
improvements at Little Island Park 3820 Sandpiper Road (DISTRICT 7 — PRINCESS ANNE)
RECOMMENDATION
APPROVAL
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, November 13, 2012, at
6:00 p.m., at which time the
following applications will be heard:
PRINCESS ANNE DISTRICT.
MPB, INC., Application: Conditional
Change of Zonine, AG -1 & AG -2
Agricultural to Conditional 0-2 Office,
southwest corner of Princess Anne
Road and Elson Green Avenue (GPIN
2414137942). Comprehensive Plan:
Transition Area. Proposal: Medical
Offices.
City Of Virginia Beach (Little Island
Park) Application: Floodolain
Variance, 3820 Sandpiper Road
(GPIN 2432811856).
BEACH DISTRICT.
Archangel Enterprises, Inc. A Virginia
Corporation, Application: Chanae of
Zonin , A-12 Apartment to B-2
Community Business, and
Conditional Use Permit (motor
vehicle sales and service), East side
of Maxey Drive and North of Virginia
Beach Blvd (GPIN 2407469603).
Comprehensive Plan: Hilltop
Strategic Growth Area. Proposed Use:
Motor Vehicle Sales.
Colonial Collission Center, Llc Dba
Rick Hendrick Collision Center /
2700 International Parkway
Corporation, Application: Conditional
Use Permit (automobile repair
facility/garage), 2700 International
Parkway (GPIN 1496566384).
Brava L.L.C., Application:
Modification of Conditions of a Use
P rmi , parking lot, 2002 Pacific
Avenue (GPIN 242 7 1812 64). BEACH
DISTRICT.
KEMPSVILLE DISTRICT.
Ramona & Robert Castner,
Application: Conditional Use Permit
(Home Daycare), 5236 Windsor Lane
(GPIN 1466444717).
All interested parties 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
htti)://www.vDgov.com/pc For
information call 385-4621.
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 Oct. 28 & Nov. 4, 2012
23283426
-67 -
Item
67 -
Item V.L.3
PLANNING ITEM # 61195 (Continued)
9. Trash receptacles shall be installed and maintained at the locations determined during site
plan review.
10. One (1) sign shall be permitted to idents the parking lot. Said sign shall comply with all
requirements for commercial parking lot signs as outlined in Section 23.58 of the City Code.
11. Provide at Site Plan review a Stormwater Management Plan for water quantity conveyance
and storage and water quality treatment in accordance with the City Site Plan and
Stormwater Ordinances and Public Works Specifications and Standards.
12. The Conditional Use Permit is approved for three (3) years from the date of City Council
approval with an annual review by the Zoning Administrator or her designee to insure
compliance with the conditions of this use permit.
This Ordinance shall be effective in accordance with Section 107 (fi of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-third day of August,
Two Thousand Eleven
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 23, 2011
Item V L3
PLANNING
9002
ITEM # 61195
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance upon application of BRAVA, LLC for a Conditional Use Permit re a
Commercial Parking Lot, 301 and 303 20th Street (GPIN 2427182128, 2427181177).
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA
Ordinance upon application of BRAVA,
Permit re a Commercial Parking Lot,
(GPIN 2427182128, 2427181177).
DISTRICT 6 — BEACH
The following conditions shall be required.•
LLC for a Conditional Use
301 and 303 20th Street
RO81137437
1. When the property is developed, the improvements shall be in substantial conformance with
the plan entitled "Conceptual Parking Lot Site Plan 201h Street & Pacific Avenue Virginia
Beach, Virginia " prepared by WPL Landscape Architects Land Surveyors Civil Engineers,
dated April 5, 2011, which has been exhibited to the City Council and is on file in the
Department of Planning.
2. The site shall adhere to the requirements of City Code Section 23-58 re Commercial Parking
Lots.
3. If fence is installed, provide a non-opaque fence no taller than four (4) feet, constructed of
maintenance -free materials around the perimeter of the parking lot, with the exception of the
gated ingress -egress. Landscaping, as required in the City's Parking Lot Landscaping
Specifications and Standards, shall be installed outside the fence. Said fence and gate shall
not be chain-link or wood split -rail. Detail of the fence shall be submitted with the final Site
Plan for approval.
4. The attendant Kiosk shall be similar in design to the building elevations of the 4'-10" x 6'-7"
hardi panel siding with vinyl corner trim as shown within the staff report. The attendant
Kiosk shall be located no closer than eight (8) feet from the 20th Street property line.
5. The gate shall consist of materials that are generally recognized as maintenance free. A
detail of the gate shall be submitted with the final Site Plan for approval.
6. The parking lot shall be developed and operated in accordance with the provisions of Section
23-58 of the City Code, which regulates Commercial Parking Lots. Moreover, the hours of
operation for the parking lot shall be identical to the hours of the City's parking lots as
established by City Council, for publicly owned parking lots within the Resort Area.
7. The vehicular access point for the parking lot shall meet the requirements set forth in the
Public Works Standards and Specifications Manual.
8. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said
lighting and glare shall be deflected, shaded and focused away from adjoining property.
Photometric Plan shall be submitted during Site Plan review.
August 23, 2011
,
_
NOT
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(J S)
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: BRAVA, L.L.C., Modification of Conditions of a Use Permit (commercial
parking lot), 2002 Pacific Avenue (GPIN 2427181264). BEACH DISTRICT.
MEETING DATE: November 13, 2012
■ Background:
On August 23, 2011, City Council approved a Conditional Use Permit for a
commercial parking lot on a 9,000 square foot site located on the northwestern
corner of the intersection of Pacific Avenue and 20th Street. During the 2012
Resort Season, the applicant operated as a temporary commercial parking lot,
installing improvements as required for temporary commercial parking lots, which
included crush and run as well as landscape shrubbery along the street frontage.
The applicant has since purchased the adjoining 5,000 square foot lot to the
north, and now desires to incorporate that lot into the commercial parking lot
approved in 2011. To combine that new lot with the site of the existing
commercial parking lot, a Modification to the Use Permit is required. As part of
the Modification, the applicant is also seeking approval of revisions to the site
plan that was a condition of the August 23, 2011 Conditional Use Permit.
■ Considerations:
A temporary commercial parking lot can only be approved for a one year period,
and thus, the applicant must now move forward with permanent improvements as
required for a commercial parking lot, such as paving the lot. Due to the expense
of paving the lot and the permanent nature of that improvement, the applicant is
also requesting that the three-year time limit that was attached as a condition of
the 2011 approval be removed. The applicant recognizes that this surface
parking lot is not the ultimate best use of the property, but desires removal of the
time limit, allowing the market to determine when the lot will be redeveloped.
Section 5.3.6 of the Oceanfront Resort District Form -Based Code indicates that
commercial parking lots "shall conform to the provisions of Section 23-58 of the
City Code, unless otherwise specified in the conditional use permit." The
applicant is asking to vary from the standard commercial parking lot requirements
in the following ways:
a) An unstripped parking lot is proposed, as the applicant intends to
operate the lot with valet parking. Valet parking will allow more cars to
be accommodated on the lot as compared to a standard self -park lot.
b) Standard requirements call for a 10 -foot wide landscape bed along all
public roads, to be improved with perimeter landscaping, consisting of
Brava, LLC
Page 2of4
a combination of trees and shrubs. In the Resort Area, this landscape
bed can be reduced to a width of five feet. The applicant's revised site
plan shows a three-foot wide landscape area along Pacific Avenue
with an evergreen hedge. The three-foot wide landscape strip
continues along 20th Street, and then widens to 12 feet for the western
14 feet of the site.
To allow the changes above, Conditions 1 and 2 of the 2011 Use Permit must be
modified. Currently, those two conditions read as follows:
When the property is developed, the improvements shall be in
substantial conformance with the plan entitled, "Conceptual Parking
Lot Site Plan 20th Street & Pacific Avenue Virginia Beach, Virginia"
prepared by WPL Landscape Architects Land Surveyors Civil
Engineers, dated April 5, 2011, which has been exhibited to the City
Council and is on file in the Department of Planning.
2. The site shall adhere to the requirements of the City Code Section 23-
58 Commercial Parking Lots.
Condition 12 of the 2011 Use Permit sets the duration of the Conditional Use
Permit at three years. The applicant is requesting that Condition 12 be deleted.
The condition currently reads as follows:
The Conditional Use Permit is approved for three years from the date
of City Council approval, with an annual review by the Zoning
Administrator or her designee to insure compliance with the conditions
of this use permit.
A variance was granted by the Board of Zoning Appeals (BZA) on August 1,
2012 to allow the freestanding sign located on the site to have a zero setback
from 20th Street, rather than seven feet as required. The BZA found the variance
to be appropriate since the required setback would have placed the sign in the
actual parking lot. The sign has been erected in keeping with conditions attached
to the variance.
In sum, the applicant is requesting changes to the plan that (a) reduce most of
the required perimeter landscaping to a three-foot wide landscape bed and (b)
eliminate the required stripping of the parking spaces. Staff, however, is only
amenable to the requested elimination of the stripping of the parking lot. Staff
cannot recommend a deviation to the perimeter landscape requirement. Staff
recommends that the standard five-foot wide planting area be provided to consist
of a mix of trees and evergreen shrubs. With the elimination of the parking lot
stripping and the increase in the number of vehicles that can be parked on the
site, there is a corresponding need for increased adequate perimeter
landscaping.
Brava, LLC
Page 3 of 4
There was no opposition to the request.
■ Recommendations:
The Planning Commission, passing a motion by a recorded vote of 11-0,
recommends approval of this request to the City Council with the following
conditions:
Except as required by Condition 2, improvements shall be in substantial
conformance with the plan entitled, "Parking Lot Site Plan Ocean
Horizons Properties, LC Virginia Beach Development Co. Virginia
Beach, Virginia" prepared by WPL Landscape Architects Land Surveyors
Civil Engineers, dated October 11, 2011 and revised April 24, 2012,
which has been exhibited to the City Council and is on file in the
Department of Planning.
2. Standard perimeter parking lot landscaping shall be required along Pacific
Avenue and 20th Street to include a minimum five-foot (5') wide planting
bed with a combination of trees and evergreen shrubs.
3. The attendant kiosk shall be similar in design to the building elevations of
the 4'-10" x 6'-7" Hardi-panel siding with vinyl corner trim submitted with
the 2011 conditional use permit.
4. The gate shall consist of materials that are generally recognized as
maintenance -free. A detail of the gate shall be submitted with the final
site plan for approval.
5. The hours of operation for the parking lot shall be identical to the hours of
the City's parking lots, as established by City Council, for publicly owned
parking lots with the Resort Area.
6. The vehicular access point for the parking lot shall meet the requirements
set forth in the Public Works Standards and Specifications Manual.
7. All outdoor lighting shall be shielded to direct light and glare onto the
premises; said lighting and glare shall be deflected, shaded and focused
away from adjoining property. A photometric plan shall be submitted
during site plan review.
8. Trash receptacles shall be installed and maintained at the locations
determined during site plan review.
9. Provide, at site plan review, a stormwater management plan for water
quantity conveyance and storage and water quality treatment in
Brava, LLC
Page 4 of 4
accordance with the City Site Plan and Stormwater Management
Ordinances and Public Works Specifications and Standards.
10. Since this commercial parking lot will not be stripped, the lot shall be
operated only when an attendant is stationed on the site to valet park
vehicles.
The Planning Commission added the following two conditions to those
recommended by staff (listed above).
11. If a fence is installed, provide a non-opaque fence no taller than four (4)
feet, constructed of maintenance -free materials along the perimeter of
the parking lot, with the exception of the gated ingress, egress.
Landscaping shall be installed outside the fence. Said fence shall not be
chain link or wood split rail.
12. This modification of the Conditional Use Permit is approved for five years
from the date of City Council approval, with an annual review by the
Zoning Administrator or her designee to insure compliance with the
conditions.
■ 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: �
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13
October 10, 2012 Public Hearing
APPLICANT/ PROPERTY OWNER:
BRAVA, LLC
STAFF PLANNER: Karen Prochilo
REQUEST:
Modification of a Conditional Use Permit for a commercial parking lot approved by the City Council on August
23, 2011.
ADDRESS / DESCRIPTION: 2002 Pacific Avenue
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24271812640000 BEACH 5,011 square feet of 65 dB — 70 dB DNL
new area Sub -Area 1
14,000 square feet
total
SUMMARY OF REQUEST
On August 23, 2011, City Council approved a Conditional Use Permit for a commercial parking lot on a
9,000 square foot site located on the northwestern corner of the intersection of Pacific Avenue and 20`h
Street. During the 2012 Resort Season, the applicant operated as a temporary commercial parking lot,
installing improvements in accordance with temporary commercial parking lot standards, which included a
crush and run as well as landscape shrubbery along the street frontage. The applicant has purchased the
adjoining 5,000 square foot lot to the north, and now desires to incorporate that lot into the commercial
parking lot approved in 2011. To combine that new lot with the site of the existing commercial parking lot,
a Modification to the Use Permit is required. As part of the Modification, the applicant is also seeking
approval of revisions to the site plan that was approved with the August 23, 2011 Conditional Use Permit.
A temporary commercial parking lot can only be approved for a one year period, and thus, the applicant is
now ready to move forward with improvements that are more -permanent in nature, such as paving the lot.
Due to the expense of paving the lot and the permanent nature of that improvement, the applicant is also
requesting that the three year time limit attached as a condition to the 2011 approval be removed. -The
BRAVA, LLC
Agenda Item 13
Page 1
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13
October 10, 2012 Public Hearing
APPLICANT/ PROPERTY OWNER:
BRAVA, LLC
STAFF PLANNER: Karen Prochilo
REQUEST:
Modification of a Conditional Use Permit for a commercial parking lot approved by the City Council on August
23, 2011.
ADDRESS / DESCRIPTION: 2002 Pacific Avenue
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24271812640000 BEACH 5,011 square feet of 65 dB — 70 dB DNL
new area Sub -Area 1
14,000 square feet
total
SUMMARY OF REQUEST
On August 23, 2011, City Council approved a Conditional Use Permit for a commercial parking lot on a
9,000 square foot site located on the northwestern corner of the intersection of Pacific Avenue and 20`h
Street. During the 2012 Resort Season, the applicant operated as a temporary commercial parking lot,
installing improvements in accordance with temporary commercial parking lot standards, which included a
crush and run as well as landscape shrubbery along the street frontage. The applicant has purchased the
adjoining 5,000 square foot lot to the north, and now desires to incorporate that lot into the commercial
parking lot approved in 2011. To combine that new lot with the site of the existing commercial parking lot,
a Modification to the Use Permit is required. As part of the Modification, the applicant is also seeking
approval of revisions to the site plan that was approved with the August 23, 2011 Conditional Use Permit.
A temporary commercial parking lot can only be approved for a one year period, and thus, the applicant is
now ready to move forward with improvements that are more -permanent in nature, such as paving the lot.
Due to the expense of paving the lot and the permanent nature of that improvement, the applicant is also
requesting that the three year time limit attached as a condition to the 2011 approval be removed. -The
BRAVA, LLC
Agenda Item 13
Page 1
applicant recognizes that this surface parking lot is not the ultimate best use of the property, but desires
removal of the time limit, allowing the market to determine when the lot will be redeveloped.
Section 5.3.6 of the Oceanfront Resort District Form -Based Code indicates that commercial parking lots
"shall conform to the provisions of Section 23-58 of the City Code, unless otherwise specified in the
conditional use permit." The applicant is asking to vary from the standard commercial parking lot
requirements in the following ways:
a) An unstripped parking lot is proposed, as the applicant intends to operate the lot with valet
parking. Valet parking will allow more cars to be accommodated on the lot as compared to a
standard self -park lot.
b) Standard requirements call for a 10 -foot wide landscape bed along all public roads, to be
improved with perimeter landscaping, consisting of a combination of trees and shrubs. In the
Resort Area, this landscape bed can be reduced to a width of five feet. The applicant's revised
site plan shows a three-foot wide landscape area along Pacific Avenue with an evergreen hedge.
The three-foot wide landscape strip continues along 20th Street, and then widens to 12 feet for the
western 14 feet of the site.
To allow the changes above, Conditions 1 and 2 of the 2011 Use Permit must be modified. Currently,
those two conditions read as follows:
1. When the property is developed, the improvements shall be in substantial conformance with the
plan entitled, "Conceptual Parking Lot Site Plan 20th Street & Pacific Avenue Virginia Beach,
Virginia" prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated April 5,
2011, which has been exhibited to the City Council and is on file in the Department of Planning.
2. The site shall adhere to the requirements of the City Code Section 23-58 Commercial Parking
Lots.
Condition 12 of the 2011 Use Permit sets the duration of the Conditional Use Permit at three years. The
applicant is requesting that Condition 12 be deleted. The condition currently reads as follows:
The Conditional Use Permit is approved for three years from the date of City Council approval,
with an annual review by the Zoning Administrator or her designee to insure compliance with the
conditions of this use permit.
A variance was granted by the Board of Zoning Appeals (BZA) on August 1, 2012 to allow the
freestanding sign located on the site to have a zero setback from 20th Street, rather than seven feet as
required. The BZA found the variance to be appropriate since the required setback would have placed the
sign in the actual parking lot. The sign has been erected in keeping with conditions attached to the
variance.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: This parcel being added to the parking lot area was formerly occupied by a barber
shop, which has been demolished.
SURROUNDING LAND North: Restaurant with drive-through & parking / RT -3 Resort Tourist
USE AND ZONING: District
BRAVA, LLC
Agenda Item 13
Page 2
South: ' 20th Street
• Municipal parking lot / RT -3 Resort Tourist District
East: • Pacific Avenue
• Restaurant with parking / RT -2 Resort Tourist District
West: • Restaurant with parking / RT -3 Resort Tourist District
NATURAL RESOURCE AND The majority of the site is impervious with an old building footprint. There
CULTURAL FEATURES: are no natural resources or cultural features associated with this site.
COMPREHENSIVE PLAN: This property is located in the Urban Area - Resort Strategic Growth Area
(SGA) as identified by the Comprehensive Plan and the Resort Area Strategic Action Plan (RASAP), which
was adopted as a Comprehensive Plan amendment in 2008. The Resort Area is recognized as an area where
revitalization efforts continue to transform the Resort Area into a major activity center, strengthen
neighborhoods and increase economic growth (p. 2-28). The Comprehensive Plan calls for a centralized and
shared parking strategy for the resort area to reduce surface parking, concentrate traffic flow and maximize
traffic management (p. 2-30). More specifically, the site is located within the Central Beach District of the
Resort SGA. Plans for this area call for a pedestrian -scale, mixed use entertainment district connecting the
convention center with the heart of the beach (p. 2-19). The Comprehensive Plan also identifies the need for
streetscape improvements in the Central Beach area and transit use promotion (p. 2-30).
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This site
borders both 20`" Street and Pacific Avenue, but access is proposed only from 20"' Street. In the vicinity of this
application, 20th Street is a two-lane local street with on -street parking and an eighty -foot (80') right-of-way
width. No CIP projects are planned for this portion of 20th Street. Also in the vicinity of this site, Pacific
Avenue is a four -lane, divided minor urban arterial with a sixty -foot (60) right-of-way width. The City's Master
Transportation Plan indicates an ultimate right-of-way width of seventy feet (70'), but no CIP projects are
currently planned for this portion of Pacific Avenue.
TRAFFIC:
Street Name
Present
Present Capacity
Generated Traffic
Volume
20 Street
No data
6,200 ADT (Level of Service
Potential Land Use
available
°C")
—
9,900 ADT' (Level of Service
338 ADT
"D"/Capacity)
Proposed Land Use 3
11,100 ADT' (Level of
—
Service "E")
No increase beyond
the 'Potential' above.
Pacific Avenue
20,290 ADT
14,800 ADT (Level of
(2010)
Service "C")
22,800 ADT' (Level of
Service "D"/Capacity)
27,400 ADT 1 (Level of
Service "E"
Average Daily Trips
Y as defined by RT -3 zoning
' as defined by RT -3 zoning
There are no Institute of Transportation Engineers (ITE) Trip Generation data for a commercial parking lot, as
BRAVA,''�LC
Agenda Item 13
Page 3
the parking lot itself does not generate trips. Trips are actually generated by the nearby land uses, and
concentrated at the parking lot.
The additional vehicular traffic allowed by the expanded parking lot area should not generate a significant
number of additional trips to this location or present any traffic -related concerns on the surrounding roadway
network. Additionally, the existing site plan appears to meet City of Virginia Beach Public Works Standards
with regards to Traffic Engineering issues.
STORMWATER: This site must comply with City stormwater quality and quantity standards.
WATER: This site connects to City water. There is a 12 -inch City water line in Pacific Avenue. There is a 16 -
inch City water line and a 6 -inch City water line in 20th Street.
SEWER: This site connects to City sanitary sewer. Analysis of Pump Station #003 and the sanitary sewer
collection system is required to ensure future flows can be accommodated. There is a 6 -inch City gravity
sanitary sewer in 201h Street.
FIRE: No Fire Department comments at this time.
EVALUATION AND RECOMMENDATION
The applicant is asking to expand a commercial parking lot located within the Central Beach District of the
Resort SGA and to modify the 2011 Conditional Use Permit approval. Staff recommends approval of the
expansion and modifications, subject to the revised conditions listed below which will supersede the 2011
conditions and apply to the entire commercial parking lot. As detailed on page 2 of this report, the
applicant is seeking two deviations from the requirements of Section 23-58 of the City Code. The
applicant has requested (1) to reduce most of the required perimeter landscaping to a three-foot wide
landscape bed and (2) to eliminate the required stripping of the parking spaces. Staff, however, is only
amenable to the requested elimination of the stripping or the parking lot. Staff cannot recommend a
deviation to the perimeter landscape requirement. Staff recommends that the standard five-foot wide
planting area be provided to consist of a mix of trees and evergreen shrubs. With the elimination of the
parking lot stripping and the increase in the number of vehicles that can be parked on the site, there is a
corresponding need for increased adequate perimeter landscaping.
Although commercial surface parking lots are generally inconsistent with the long term vision for the
Resort Area, they are acceptable as an interim use while the real estate market rebounds from the
Recession. The Comprehensive Plan's Special Area Development Guidelines for Urban Areas does
provide some recommendations for parking areas. These guidelines encourage, wherever possible,
joining parking areas to create an internal circulation network and minimizing or eliminating curb cuts by
sharing vehicular access with adjacent properties. The revised site plan does minimize the number of
curb cuts for this entire 14,000 square foot parking lot to one on 20th Street.
CONDITIONS
Except as required by Condition 2, improvements shall be in substantial conformance with the plan
entitled, "Parking Lot Site Plan Ocean Horizons Properties, LC Virginia Beach Development Co.
Virginia Beach, Virginia" prepared by WPL Landscape Architects Land Surveyors Civil Engineers,
dated October 11, 2011 and revised April 24, 2012, which has been exhibited to the City Council and
BRAVA, `' LLC:
Agenda Item 13
Page 4
is on file in the Department of Planning.
2. Standard perimeter parking lot landscaping shall be required along Pacific Avenue and 20th Street to
include a minimum five-foot (5) wide planting bed with a combination of trees and evergreen shrubs.
3. The attendant kiosk shall be similar in design to the building elevations of the 4'-10" x 6-7" Hardi-panel
siding with vinyl corner trim submitted with the 2011 conditional use permit.
4. The gate shall consist of materials that are generally recognized as maintenance -free. A detail of the
gate shall be submitted with the final site plan for approval.
5. The hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as
established by City Council, for publicly owned parking lots with the Resort Area.
6. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works
Standards and Specifications Manual.
7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare
shall be deflected, shaded and focused away from adjoining property. A photometric plan shall be
submitted during site plan review.
8. Trash receptacles shall be installed and maintained at the locations determined during site plan
review.
9. Provide, at site plan review, a stormwater management plan for water quantity conveyance and
storage and water quality treatment in accordance with the City Site Plan and Stormwater
Management Ordinances and Public Works Specifications and Standards.
10. Since this commercial parking lot will not be stripped, the lot shall be operated only when an attendant
is stationed on the site to valet park vehicles.
11. If a fence is installed, provide a non-opaque fence no taller than four (4) feet, constructed of
maintenance -free materials along the perimeter of the parking lot, with the exception of the gated
ingress, egress. Landscaping shall be installed outside the fence. Said fence shall not be chain link or
wood split rail.
12. This modification of the Conditional Use Permit is approved for five years from the date of City Council
approval, with an annual review by the Zoning Administrator or her designee to insure compliance with
the conditions.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
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BRAVA, LLC
Agenda Item 13
Page 7 }
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Agenda Item 13
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Agenda Item 13
Page 9
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ZONING HISTORY
#
DATE
REQUEST
ACTION
1
08/23/2011
Conditional Use Permit Commercial parking lot
Approved
2
06/08/2004
Conditional Use Permit Indoor recreational facility)
Approved
3
03/13/2002
Conditional Use Permit (Religious facility
commercial parking lot
Approved
4
1 03/10/1998
Non -conforming
Approved
BRAVA, LLC
Agenda Item 13
Page 10
11 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)
See attached list
2. List all businesses that have a parent -subsidiary' or affiliated business entityz
relationship with the applicant: (Attach list if necessary)
See attached list
Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entityz
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.
& See nett page for footnotes
Does an official ore�j loyee of the City of Virginia Beach have an interest in the
subject land? Yes _L_.L No�✓
If yes, what is the name of the official or employee and the nature of their interest?
Modification of Conditions APOication
Page 10 of 11
Revised 713!07
DISCLOSURE STATEMENT
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
See attached list
I "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the some offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate,
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and vi ,the site for purposes of processing and evaluating this application.
Nabil D. Kassir for Brava, LLC
Appfi nt's Sign re Print Name
Property Owner's Signature (if different than applicant) Print Name
Modification of Condibons Application
Page t t of t t
Revised 713/2007
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE ATTACHMENT:
1. LIST THE APPLICANT NAME FOLLOWED BY THE NAMES OF ALL MEMBERS
• Nabil D. Kassir
• Deborah M. Kassir
2. LIST ALL BUSINESSES THAT HAVE A PARENT -SUBSIDIARY OR AFFILIATED BUSINESS
ENTITY RELATIONSHIP WITH THE APPLICANT:
• Brava, LLC
• Ocean Horizon Properties of Florida
• Kassir Investment Company, Inc.
• Menu & Management Consultants
• Aldo's Inc.
Birdneck Associates
• 620 19" Street Associates
• 333 Granby Street Associates
• 21 Fun, LLC
• We're Glad you're Here, LLC
• Laramie, LC
ADDITIONAL DISCLOSURES ATTACHMENT:
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:
• Site Improvement Associates, Inc.
DISCLOSURE STATEMENT
Item #13
Brava, L.L.C.
Modification of a Conditional Use Permit
2002 Pacific Avenue
District 6
Beach
October 10, 2012
REGULAR
An application of Brava, L.L.C. for a Modification of a Conditional Use Permit for a
commercial parking lot approved by City Council on August 23, 2011 on property located
at 2002 Pacific Avenue, District 6, Beach. GPIN: 24271812640000.
CONDITIONS
1. Except as required by Condition 2, improvements shall be in substantial conformance with
the plan entitled, "Parking Lot Site Plan Ocean Horizons Properties, LC Virginia Beach
Development Co. Virginia Beach, Virginia"
prepared by WPL Landscape Architects Land
Surveyors Civil Engineers, dated October 11, 2011 and revised April 24, 2012, which has
been exhibited to the City Council and is on file in the Department of Planning.
2. Standard perimeter parking lot landscaping shall be required along Pacific Avenue and 20th
Street to include a minimum five-foot (5') wide planting bed with a combination of trees
and evergreen shrubs.
3. The attendant kiosk shall be similar in design to the building elevations of the 4'-10" x 6'-7"
Hardi-panel siding with vinyl corner trim submitted with the 2011 conditional use permit.
4. The gate shall consist of materials that are generally recognized as maintenance -free. A
detail of the gate shall be submitted with the final site plan for approval.
5. The hours of operation for the parking lot shall be identical to the hours of the City's parking
lots, as established by City Council, for publicly owned parking lots with the Resort Area.
6. The vehicular access point for the parking lot shall meet the requirements set forth in the
Public Works Standards and Specifications Manual.
7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said
lighting and glare shall be deflected, shaded and focused away from adjoining property. A
photometric plan shall be submitted during site plan review.
8. Trash receptacles shall be installed and maintained at the locations determined during site
plan review.
9. Provide, at site plan review, a stormwater management plan for water quantity conveyance
and storage and water quality treatment in accordance with the City Site Plan and
Item #13
Brava, L.L.C.
Page 2
Stormwater Management Ordinances and Public Works Specifications and Standards.
10. Since this commercial parking lot will not be stripped, the lot shall be operated only when
an attendant is stationed on the site to valet park vehicles.
11. If a fence is installed, provide a non-opaque fence no taller than four (4) feet, constructed of
maintenance free materials along the perimeter of the parking lot with the exception of the
gated ingress egress Landscaping shall be installed outside the fence. Said fence shall not
be chain link or wood split rail.
12. This modification of the Conditional Use Permit is approved for five years from the date of
City Council approval with an annual review by the Zoning Administrator or her designee
to insure compliance with the conditions.
NOTE. Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require
revision during detailed site plan review to meet all applicable City Codes and Standards.
All applicable permits required by the City Code, including those administered by the
Department of Planning / Development Services Center and Department of Planning /
Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are
required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within
the Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
AYE 11 NAY 0 ABS 0 ABSENT 0
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUCINSKI
AYE
RUSSO
AYE
THORNTON
AYE
By a vote of 11-0, the Commission approved item 13.
Deborah Kassir, the applicant, appeared before the Commission.
0
!i fJl
11
0
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: COLONIAL COLLISION CENTER, LLC DBA RICK HENDRICK COLLISION
CENTER / 2700 INTERNATIONAL PARKWAY CORPORATION, Conditional Use
Permit (automobile repair facility/garage), 2700 International Parkway (GPIN
1496566384). BEACH DISTRICT.
MEETING DATE: November 13, 2012
■ Background:
The applicant requests a Conditional Use Permit to allow an automobile repair facility to
occupy two sections of an existing building. The existing building runs perpendicular to
International Parkway, with a 100 -foot side wall facing the roadway. The building then
stretches 535 feet to the north. The site is zoned 1-1 Industrial. In the past, the building
has been primarily used for offices as well as office -warehouses, some of which will
remain in the portions of the building that the applicant will not be using.
The site is located within the Special Economic Growth Area (SEGA) 2, West Oceana,
as designated by the Comprehensive Plan. Much of SEGA 2 is subject to Navy
restrictive easements and all of this area is inside the highest AICUZs. The majority of
this area has been subdivided and is zoned for commercial and industrial uses.
■ Considerations:
The south section of the building (closest to International Parkway) will be a customer
reception and vehicle evaluation area. The larger section of this facility will be the
primary repair area, which will be located at the northern end of the building to the rear
of the site. All repair work will be done inside the building. The hours of operation are
proposed as 7:30 a.m. to 6:00 p.m., Monday through Saturday. The projected number of
employees at this facility will be approximately 25 individuals. Access to the repair area
for vehicle drop-off / repair will be on the east side of the building. Employee and
customer access as well as parking will be solely on the west side of the building.
Staff finds that the proposed vehicle repair facility, within the existing building, is
consistent with the land use policies of the Comprehensive Plan for Special Economic
Growth Areas. The existing site is well landscaped. The proposed drive-thru blends in
with the exterior of the building by utilizing similar materials and colors. The proposed
fence and signs are consistent with the design guidelines of the Comprehensive Plan.
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 11-0, to recommend approval of this request to the City Council with
the following conditions:
Colonial Collision Center, LLC dba/Rick Hendrick Collision Center
Page 2 of 2
1. The site shall be developed in substantial accordance with the submitted
"Conditional Use Permit Exhibit 2700 International", dated 09/11/12, and prepared by
Martin Engineering. Said "preliminary plan" has been exhibited to the Virginia Beach
City Council and is on file in the Planning Department.
2. The building shall be developed in substantial accordance with the submitted
"Conceptual Perspective 1 2700 International", dated September 10, 2012, and
prepared by Finley Design. Said perspective has been exhibited to the Virginia
Beach City Council and is on file in the Planning Department.
3. The fence shall be developed in substantial accordance with the submitted "Fence
Exhibit 2700 Building" and dated July 30, 2012,. Said fence exhibit has been
exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
4. Building and monument signs shall be designed in substantial accordance with the
submitted "Sign Elevations 2700 International Pkwy" ,dated July 26, 12 and prepared
by Cardinal Sign Corporation. Said sign exhibits must meet zoning ordinance
requirements. Said sign exhibits have been exhibited to the Virginia Beach City
Council and are on file in the Planning Department.
5. All motor vehicle repairs shall take place inside the building. No inoperable vehicles
shall be located in the parking area outside of the vehicle storage area.
6. There shall be no outside display or storage of equipment, parts or materials.
7. There shall be no storage containers outside the building or parking spaces.
8. No outdoor speakers or public address system shall be permitted.
9. All outdoor lights shall be shielded to direct light and glare onto the premises; said
lighting and glare shall be deflected, shaded and focused away from all adjoining
properties.
10. A Certificate of Occupancy shall be obtained from the Building Official for the
appropriate use group.
■ 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,/
C
City Manag
BEACH Colonial Collision Center, LLC
'z«r�mrn ce.ew'oe.v..n.... oPs. CUP for Automobile Repair Faculty/Garage
Sps.. Prowwion w PWt Owrl.y.
REQUEST:
Conditional Use Permit (Automobile Repair Facility / Garage)
ADDRESS / DESCRIPTION: 2700 International Parkway
6
October 10, 2012 Public Hearing
APPLICANT:
COLONIAL
COLLISION CENTER,
LLC DBA / RICK
HENDRICK
COLLISION CENTER
PROPERTY OWNER:
2700
INTERNATIONAL
PARKWAY
CORPORATION
STAFF PLANNER: Karen Prochilo
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14965663840000 BEACH 160,000 square feet Greater than 75 dB DNL
BUILDING SIZE: APZ - 2
52,500 square feet
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow an automobile repair facility to occupy two
sections of an existing building.
The south section of the building (closest to International Parkway) will be a customer reception and
vehicle evaluation area. The larger section of this facility will be the primary repair area, which will be
located at the northern end of the building to the rear of the site. All repair work will be done inside the
building. The hours of operation are anticipated to be from 7:30 a.m. to 6:00 p.m., Monday through
Saturday. The projected number of employees at this facility will be approximately 25 individuals. Access
COLONIAL COLLISION CENTER, .LLC
dba/ RICK HENDRICK COLLISION CENTER
Agenda Item 6
Page 1
dba/Rick Hendrick Collision Center
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'z«r�mrn ce.ew'oe.v..n.... oPs. CUP for Automobile Repair Faculty/Garage
Sps.. Prowwion w PWt Owrl.y.
REQUEST:
Conditional Use Permit (Automobile Repair Facility / Garage)
ADDRESS / DESCRIPTION: 2700 International Parkway
6
October 10, 2012 Public Hearing
APPLICANT:
COLONIAL
COLLISION CENTER,
LLC DBA / RICK
HENDRICK
COLLISION CENTER
PROPERTY OWNER:
2700
INTERNATIONAL
PARKWAY
CORPORATION
STAFF PLANNER: Karen Prochilo
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14965663840000 BEACH 160,000 square feet Greater than 75 dB DNL
BUILDING SIZE: APZ - 2
52,500 square feet
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow an automobile repair facility to occupy two
sections of an existing building.
The south section of the building (closest to International Parkway) will be a customer reception and
vehicle evaluation area. The larger section of this facility will be the primary repair area, which will be
located at the northern end of the building to the rear of the site. All repair work will be done inside the
building. The hours of operation are anticipated to be from 7:30 a.m. to 6:00 p.m., Monday through
Saturday. The projected number of employees at this facility will be approximately 25 individuals. Access
COLONIAL COLLISION CENTER, .LLC
dba/ RICK HENDRICK COLLISION CENTER
Agenda Item 6
Page 1
to the repair area for vehicle drop-off/repair will be on the east side of the building. Employee and
customer access as well as parking will be solely on the west side of the building.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Commercially developed site with a building and associated parking
SURROUNDING LAND North: . Offices & manufacturing / 1-1 Light Industrial District
USE AND ZONING: South: . International Parkway
Office, manufacturing & warehouses / 1-1 Light Industrial District
East: . Manufacturing / 1-1 Light Industrial District
West: . Offices / 1-1 Light Industrial District
NATURAL RESOURCE AND The majority of the site is impervious. There are no known significant
CULTURAL FEATURES: natural resources or cultural features associated with this site
COMPREHENSIVE PLAN: This area is designated as Special Economic Growth Area (SEGA) 2, West
Oceana. The SEGAs are located adjacent to NAS Oceana and have been defined as "Special Economic
Growth Areas" to target land uses compatible with the military uses (p. 3-5). SEGA 2 is generally bound by
London Bridge Road, Lynnhaven Creek, South Lynnhaven Road, and Potter's Road. Much of this area is
subject to Navy restrictive easements and all of this area is inside the AICUZ high noise zone. The majority of
this area has been subdivided and is zoned for commercial and industrial uses. All new or improved
development proposals must adhere to the City's AICUZ provisions and ensure high quality site, landscape
and building designs (p. 3-30).
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site
includes an existing 52,500 SF light industrial building on the north side of International Parkway. It has a full
unsignalized access to International Parkway served by a left -turn lane and a second one-way entrance east
of that main access. International Parkway is a divided four lane minor urban arterial that connects Lynnhaven
Parkway to London Bridge Road; it is at its built -out condition. The site is within the project limits of CIP
project #2.018.001, Lynnhaven Pkwy/International Pkwy Intersections Improvements, which is currently in the
design stage.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
International Parkway
11,200 ADT
Up to 22,800 ADT
Existing Land Use —
(Level of Service "D") -
366 ADT (49 AM Peak
Capacity
Hour & 51 PM Peak Hour)
Proposed Land Use 3-
606 ADT (104 AM Peak
Hour & 117 PM Peak Hour
COLONIAL COLLISION, CENTER,41-C
dba/ RICK HENDRICK COLLISION CENTER
Agenda ltern 6
Page 2
Average Daily Trips
las defined by 52,500 SF light industrial building
Sas defined by 25,500 SF light industrial & 27,000 SF auto care center
WATER and SEWER : This site is already connected to City water and sewer.
FIRE: No Fire Department comments.
EVALUATION AND RECOMMENDATION
The proposed Conditional Use Permit for a vehicle repair facility, within an existing building, is consistent
with the land use policies of the Comprehensive Plan's Special Economic Growth Areas. The existing site
is well landscaped. The proposed drive-thru blends in with the exterior of the building by utilizing similar
materials and colors. The proposed fence and signs are consistent with the design guidelines of the
Comprehensive Plan.
Staff recommends approval of this request with the conditions below.
CONDITIONS
1. The site shall be developed in substantial accordance with the submitted "Conditional Use Permit
Exhibit 2700 International", dated 09/11/12, and prepared by Martin Engineering. Said "preliminary
plan" has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.
2. The building shall be developed in substantial accordance with the submitted "Conceptual Perspective
1 2700 International", dated September 10, 2012, and prepared by Finley Design. Said perspective
has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.
3. The fence shall be developed in substantial accordance with the submitted "Fence Exhibit 2700
Building" and dated July 30, 2012,. Said fence exhibit has been exhibited to the Virginia Beach City
Council and is on file in the Planning Department.
4. Building and monument signs shall be designed in substantial accordance with the submitted "Sign
Elevations 2700 International Pkwy" ,dated July 26, 12 and prepared by Cardinal Sign Corporation.
Said sign exhibits must meet zoning ordinance requirements. Said sign exhibits have been exhibited
to the Virginia Beach City Council and are on file in the Planning Department.
5. All motor vehicle repairs shall take place inside the building. No inoperable vehicles shall be located in
the parking area outside of the vehicle storage area.
6. There shall be no outside display or storage of equipment, parts or materials.
7. There shall be no storage containers outside the building or parking spaces.
8. No outdoor speakers or public address system shall be permitted.
COLONIAL COLLISION CENTER,,LLC
dba/ RICK HENDRICK COLbSION CENTER
Agenda l#em 6
9. All outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare
shall be deflected, shaded and focused away from all adjoining properties.
10. A Certificate of Occupancy shall be obtained from the Building Official for the appropriate use group.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning / Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
COLONIAL COLLISION CENTER, ILC
dba/ RICK HENDRICK COLLISION CENTER
Agenda ROM 6
AERIAL OF SITE LOCATION
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COLONIAL COLLISION CENTER, LLC
dba/ RICK HENDRICK COLLISION CENTER
Agenda Item 6
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INTERNAT10NAL PARKWAY
PROPOSED SITE LAYOUT
COLONIAL COLLISION CENTER, LLC
dba/ RICK HENDRICK COLLISION CENTER
Agenda Item 6
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dba/ RICK HENDRICK COLLISION CENTER
=Agenda Item 6
Page 7
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PROPOSED FENCE EXHIBIT
COLONIAL COLLISION CENTER, LLC
dba/ RICK HENDRICK COLLISION CENTER
Agenda Item 6
Page 8
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COLONIAL COLLISION CENTER, LLC
dba/ RICK HENDRICK COLLISION CENTER
Agenda Item 6
Page 9
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BEACH Colonial Collision Centel; LLC
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Space Promotion or PDH -2 Overlays
ZONING HISTORY
# DATE REQUEST ACTION
1 06/26/2012 Conditional Use Permit (Wind Energy System) Approved
07/30/1998 Street closure Annrnvpri
P^t " tABE r
COLONIAL COLLISION CENTER, LLC
dba/ RICK HENDRICK COLLISION CENTER
Agenda Item 6
Page 10,"c'
tt^ s s
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
[1.
f the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Colonial Collision Center, LLC: Edward J. Brown, III, President; Gary Davis, Vice
President; Alan Rice, Vice President; Veronica Zayatz, Secretary
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
❑ Check here if the 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)
2700 International Parkway Corporation: Michael D. Sifen,
Preside nt/Secreta ry/Treasu rer
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
& See next page for footnotes
Conditional Use Permit Application
Page 9 of 10
Revised 9/1/2004
DISCLOSURE STATEMENT
COLONIAL COLLISION ,CENTER,
dba/ RICK HENDRICK COLLUSION CEN
Agenda It
.LLC
TER
�M 6
ell
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)
Sykes, Bourdon, Ahem & Levy, P.C.
Mart�'n En inepnng
Cardina� Signs Corporation
1 "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearin I am responsible for obtaining and posting the required
sign on the s ect prop t least 30 days prior to the scheduled public hearing
according t e Inst io in this package.
C010 ' ision C LLC �^ /
By. �Pi✓e C vcc h ,
AP a Signature Print Name
27 )0 In ernatlo al Pa ay Co fa ' n ✓/c e Pre - Re'l L I Y4 Aa
Michael D. Sifen, President
Property Owner's Signature (ff differenVfian applicant) Print Name
Conditional Use Permit Application
Page 10 of 10
Revised 911 /2004
DISCLOSURE STATEMENT
COLONIAL COLLISION CENTER, .LLC
dba/ RICK HENDRICK COLLISION CENTER
Agenda,j Item, 6
Page 12
Item #6
Colonial Collision Center, L.L.C. d/b/a Rick Hendrick Collision Center
Conditional Use Permit
2700 International Parkway
District 6
Beach
October 10, 2012
CONSENT
An application of Colonial Collision Center, L.L.C. for a Conditional Use Permit for an
automobile repair facility/garage on property located at 2700 International Parkway,
District 6, Beach. GPIN: 14965663840000.
CONDITIONS
1. The site shall be developed in substantial accordance with the submitted "Conditional Use
Permit Exhibit 2700 International", dated 09/11/12, and prepared by Martin Engineering.
Said "preliminary plan" has been exhibited to the Virginia Beach City Council and is on file in
the Planning Department.
2. The building shall be developed in substantial accordance with the submitted "Conceptual
Perspective 12700 International', dated September 10, 2012, and prepared by Finley
Design. Said perspective has been exhibited to the Virginia Beach City Council and is on file
in the Planning Department.
3. The fence shall be developed in substantial accordance with the submitted "Fence Exhibit
2700 Building" and dated July 30, 2012,. Said fence exhibit has been exhibited to the
Virginia Beach City Council and is on file in the Planning Department.
4. Building and monument signs shall be designed in substantial accordance with the
submitted "Sign Elevations 2700 International Pkwy" ,dated July 26,12 and prepared by
Cardinal Sign Corporation. Said sign exhibits must meet zoning ordinance requirements.
Said sign exhibits have been exhibited to the Virginia Beach City Council and are on file in
the Planning Department.
5. All motor vehicle repairs shall take place inside the building. No inoperable vehicles shall be
located in the parking area outside of the vehicle storage area.
6. There shall be no outside display or storage of equipment, parts or materials.
7. There shall be no storage containers outside the building or parking spaces.
8. No outdoor speakers or public address system shall be permitted.
9. All outdoor lights shall be shielded to direct light and glare onto the premises; said lighting
and glare shall be deflected, shaded and focused away from all adjoining properties.
Item #6
Colonial Collision Center, L.L.C. d/b/a Rick Hendrick Collision Center
Page 2
10. A Certificate of Occupancy shall be obtained from the Building Official for the appropriate
use group.
NOTE. Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require
revision during detailed site plan review to meet all applicable City Codes and Standards.
All applicable permits required by the City Code, including those administered by the
Department of Planning / Development Services Center and Department of Planning /
Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are
required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within
the Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
AYE 11 NAY 0
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUCINSKI
AYE
RUSSO
AYE
THORNTON
AYE
ABS 0 ABSENT 0
By a vote of 11-0, the Commission approved item 6 by consent.
Eddie Bourdon appeared before the Commission on behalf of the applicant.
J
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: RAMONA & ROBERT CASTNER, Conditional Use Permit (Family Day -Care
Home), 5236 Windsor Lane (GPIN 1466444717). KEMPSVILLE DISTRICT.
MEETING DATE: November 13, 2012
■ Background:
The applicant requests a Conditional Use Permit to allow use of the site for an in-home
daycare facility. Currently, the applicant is caring for nine children and is licensed by the
Virginia Department of Social Services to care for twelve. The applicant has been
operating at this location since 2004; however, there is no record of a Use Permit for a
daycare facility being granted for this property. The applicant, therefore, is requesting
this Use Permit for a Family Day -Care Home, and moreover, since the applicant is
licensed for up to twelve children, the applicant's Use Permit request is for twelve
children.
■ Considerations:
The applicant and one full-time assistant care for the children. The applicant proposes to
continue with the same hours of service, which are 8:00 a.m. to 5:30 p.m., Monday
through Friday. Children are typically dropped off between 8:00 a.m. and 9:00 a.m. and
picked up between 12 noon and 5:30 p.m. The home daycare year corresponds to the
schedule of Virginia Beach Public Schools, opening around August 20th for orientation
and closing during summer break. The home daycare is also closed for all holidays
recognized by Virginia Beach Public Schools, including Christmas and Spring Break.
There are no physical alterations proposed for the home or yard. Currently, there is a
six-foot tall wooden fence bordering the backyard. A 26'x 32' indoor classroom area
opens directly onto the backyard. The classroom area was at one time a porch and has
been converted into a permanent enclosed space which is heated and air conditioned,
has a bathroom, and two points of exit/entrance. In addition to a playground there is
plenty of outdoor space for children to play safely. In the rear corner of the lot, there is a
shed at the end of the driveway.
Department of Social Services (DSS) is responsible for ensuring the quality of the care
provided to the children. DSS defines the applicant's facility as a 'family day home,'
subject to licensure when nine to twelve children, exclusive of the provider's own
children and any children who reside in the home, are provided care at any one time.
There was one person in opposition to this request.
■ Recommendations:
The Planning Commission, passing a motion by a recorded vote of 11-0, recommends
approval of this request to the City Council with the following conditions:
Ramona G. & Robert G. Castner
Page 2of2
The Family Day -Care Home shall be limited to a total of twelve (12) children, other
than children living in the home.
2. Hours of operation shall be limited to Monday through Friday, 8:00 a.m. to 5:30 p.m.
3. No more than one (1) person, other than the applicant, shall be employed by the
home daycare.
4. A fence, to be maintained in good condition at all times, shall enclose the outdoor
play area. The fence shall meet the requirements of the Virginia Department of
Social Services.
5. No signs advertising the home daycare shall be permitted on the lot or any structure
on the lot at any time.
6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to
maintain said license in good standing shall result in revocation of this Use Permit.
7. The applicant shall obtain all necessary permits and inspections from the Planning
Department / Permits and Inspections Division. The applicant shall secure a
Certificate of Occupancy from the Building Official for home daycare use.
■ 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. rS
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REQUEST:
Conditional Use Permit (Child Daycare)
ADDRESS / DESCRIPTION: 5236 Windsor Lane
7
October 10, 2012 Public Hearing
APPLICANTAND
PROPERTY OWNER:
RAMONA G. &
ROBERT G.
CASTNER
STAFF PLANNER: Kristine Gay
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14664447170000 KEMPSVILLE 16332.31 square feet Less than 65 dB DNL
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow use
of the site for an in-home daycare facility. Currently, the applicant is caring for nine children and is
licensed by the Virginia Department of Social Services to care for twelve. There is, however, no record of
a Use Permit for home daycare being granted for this property. Mrs. Castner and one full-time assistant
care for the children. They have been operating as a daycare at 5236 Windsor Lane since 2004. They
would like to continue with the same hours of service which are 8:00 a.m. to 5:30 p.m., Monday through
Friday. Children are typically dropped off between 8:00 a.m. and 9:00 a.m. and picked up between 12
noon and 5:30 p.m. The home daycare year corresponds to the schedule of Virginia Beach Public
Schools, opening around August 20th for orientation and closing during summer break. The home
daycare is also closed for all holidays recognized by Virginia Beach Public Schools, including Christmas
and Spring Break.
There are no physical alterations proposed for the home or yard. Currently, there is a six-foot tall wooden
fence bordering the backyard. A 26'x32' indoor classroom area opens directly onto the backyard. The
classroom area was at one time a porch and has been converted into a permanent enclosed space which
is heated and air conditioned, has a bathroom, and two points of exit/entrance. In addition to a playground
there is plenty of outdoor space for children to play safely. In the rear corner of the lot, there is a shed at
the end of the driveway.
RAMONA G. & ROBERT G. CASTNER
Agenda Item 7
Page 1
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Single-family home / R-10 Residential District
SURROUNDING LAND North: . Single-family homes / R-10 Residential District
USE AND ZONING: South: . Bank and Office Strip / B-2 Community Business District
East: . Single-family homes / R-10 Residential District
West: . Single-family homes / R-10 Residential District
NATURAL RESOURCE AND The site is a relatively flat and grassy area. Deciduous trees are located
CULTURAL FEATURES: along the east and south lot line.
COMPREHENSIVE PLAN: Suburban Area
The subject site is located within the Suburban Area, as designated by the Comprehensive Plan. The guiding
principles of Suburban Areas are to preserve neighborhood quality; create and protect open spaces; and
connect suburban mobility
CITY SERVICES
There are no significant impacts to City services anticipated from this proposal.
This site is connected to both City water and sewer.
EVALUATION AND RECOMMENDATION
The Department of Social Services is responsible for ensuring the quality of the care provided to the
children. A 'family day home' is subject to licensure when nine to twelve children, exclusive of the
provider's own children and any children who reside in the home, are provided care at any one time.
Staff finds that the existing single-family dwelling, consisting of approximately 2,200 square feet, with 832
square feet solely devoted to child care and development, and the fenced rear yard are of ample size to
accommodate the children. There is, however, no specific floor area requirement for the number of
children permitted in a home at any one time. DSS determines the capacity of a family day home based
on various factors provided in the State Board of Social Services' Standards for Licensed Family Day
Homes (adopted July 2010). Additionally, the ages of the children to be cared for is determined by a
point system developed by DSS.
RAMONA G. & ROBERT G. CASTNER
Agenda Item 7
Page 2
Staff concludes that the applicant's request will not adversely impact any surrounding properties and is
consistent with the recommendations of the Comprehensive Plan for the Suburban Area.
Approval of the application is recommended subject to the following conditions.
CONDITIONS
1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the
home.
2. Hours of operation shall be limited to Monday through Friday, 8:00 a.m. to 5:30 p.m.
3. No more than one (1) person, other than the applicant, shall be employed by the home daycare.
4. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area. The fence
shall meet the requirements of the Virginia Department of Social Services.
5. No signs advertising the home daycare shall be permitted on the lot or any structure on the lot at any
time.
6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in
good standing shall result in revocation of this Use Permit.
7. The applicant shall obtain all necessary permits and inspections from the Planning Department /
Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the
Building Official for home daycare use.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
RAMONA G. & ROBERT G.
T
STNER
Agenda Item 7
Page 3
AERIAL OF SITE LOCATION
.�I I
RAMONA G. & ROBERT G. CASTNER
Agenda Item 7
Page 4
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FLOOD DATA T'' ---7—
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THIS PROPERTY APPEARS TO FALL INSIDE FLOOD ZONE
AS SHOWN ON F.E.M.A. FLOOD MAP COMMUNITY NUMBER 515531
PANEL NUMBER 0028D , DATED 12-5-90
NO\J OF FOR ME. RLCORpORAT 1014
FAIRFIEID DEVELOPMENT
�iIEs ANO DRAINAGE EASEMENT
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WINDSOR LANE(50')
PHYSICAL SURVEY
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SUBDIVISION
OF
FAIRFIELD,
SECTION NINE
KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA
FOR
ROY R. MILLER AND PHO-THI MILLER
PROPOSED SITE PLAN
-B c
RAMONA G. & ROBERT G. CASTNER
Agenda Item 7
Page 5
KEMPSVILLE
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CUP for Daycare
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
03/22/1994
Conditional Use Permit (Church Addition)
Approved
2
07/02/2002
Conditional Use Permit (Car Wash)
Approved
RAMONA G. & ROBERT G. CASTNER
Agenda Item 7
Page 6
' OF OUR
ESCL62- URE 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. beiow; (Attach list if necessary)
2. List all businesses that have aparent-subsidiarYt or affiliated business entity
relationship whit the applicant: (Attach list iffnoce�w y)
Chock here 0 the applicant is NOTa corporation, partnership, firm. business, or
other wtinoorpoFated organization.
PROPERTY OWNER DISCLOSURE
Complete this suction only if properfyowner is different from applicant.
If the property owner is a corporation, partnership. firm, business, or other
unincorporated organization, complete the following:
1. Lkt the property owner name followed by the names of all officers, members,
trustees, partners, oto. below: (Attach fiat Ynecessary)
2. List all businesses that hove a parent -subsidiary' or afflllated business entity
relafionship with the applicant: (Attach fist if necessary)
ZrCheck here I the property owner is NOTa corporation, partnership, fimt,
business, or other unincorporated organization.
A Sep next page for toninotes
0
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co:)
Does an official or emobyee of WILy of Virginia Beach have an interest in the
subject land? Yea. X7 No
if yes. what is the name of the official or employee arW the nature of their interest?
C Olfflns7ll:.t'Fr.rtrtFsgi�:atv�
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DISCLOSURE STATEMENT
RAMONA G. & ROBERT G. CASTNER
Agenda Item 7
Page 7
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, includirrg but riot limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
Services: (Attach list if necessary)
Parent-sutnWisfy islailonship" means "a relationship that exists when one
corporation directly or indirectly awns shares possessing more ilia r. 56 oeroent of the votimp
lw,wer of another corporation." sec,S18t$ and Local Government Conflict of Interests Acl. Va.
Cods § 2.2-3101.
z "Affiliated business entity relationship' means `a relationship, other than parent-
sut:sldtery ra latlonshlp. that exists when (i) one businass entity has a controlling ownership
interport in the uther business entity. (ii) 13 controlling owner in ale entity is also a controlling
owne.r in the other entity, or(iii) there is shared rnansgerrionl or control bntwson the husinosr
entities. Factors that should bo considered in determining She axister>rx of an affiliated
buslnoss entity rolationship inrh,dp that the same person or substantiallylhe sarne person
own or manage the two entitles; there Fre common or cummingled funds or assets; the
bm,inmr entities share the use of the same offices or employocs or otherwise share activities.
resources or personnel on a regular basis; or there is otherwise a clow working rMationship
b-amftn the entities.' See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION; I certify that ttw inrorrnevon contaned herein is true and accurate.
I understand chat upon reaaipi of rxltMcation (pwtcard) that the aWlicetion oras tmri srtteduled fw
public heer;ng, I am responsible for obtaining and pcsting the raquiretr sign orb 019 subject propotty at
leest ao days prior to the scheduicd public hearing according to the instruct ons in this padtago. The
uncera'tgned also consents to anfry tfion the suLlert property by employees of the Department of
Pier nino to photograph anal view the site to purposes of p"ocesaing and evatusling 1hir. application.
Applicarft Signal a' ' A. i s- PrintNartne r
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RAMONA G. & ROBERT G. CASTIJER
Agenda Ittn 7
Page 8
Item #7
Ramona G. & Robert G. Castner
Conditional Use Permit
5236 Windsor Lane
District 2
Kempsville
October 10, 2012
REGULAR
An application of Ramona G. & Robert G. Castner for a Conditional Use Permit for a child
daycare on property located at 5236 Windsor Laen, District 2, Kempsville. GPIN:
14664447170000.
CONDITIONS
1. The home daycare shall be limited to a total of twelve (12) children, other than children
living in the home.
2. Hours of operation shall be limited to Monday through Friday, 8:00 a.m. to 5:30 p.m.
3. No more than one (1) person, other than the applicant, shall be employed by the home
daycare.
4. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area.
The fence shall meet the requirements of the Virginia Department of Social Services.
5. No signs advertising the home daycare shall be permitted on the lot or any structure on the
lot at any time.
6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said
license in good standing shall result in revocation of this Use Permit.
7. The applicant shall obtain all necessary permits and inspections from the Planning
Department / Permits and Inspections Division. The applicant shall secure a Certificate of
Occupancy from the Building Official for home daycare use.
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 # 7
Ramona G. & Robert G. Castner
Page 2
The applicant is encouraged to contact and work with the Crime Prevention Office within
the Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
AYE 11 NAY 0 ABS 0 ABSENT 0
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUCINSKI
AYE
RUSSO
AYE
THORNTON
AYE
By a vote of 11-0, the Commission approved item 7.
Ramona Castner, the applicant appeared before the Commission.
Lois Kessmann appeared in opposition.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: ARCHANGEL ENTERPRISES, INC., A VIRGINIA CORPORATION, Chancre of
Zoning, A-12 Apartment to B-2 Community Business, and Conditional Use Permit
(motor vehicle sales and service), East side of Maxey Drive and North of Virginia
Beach Blvd (GPIN 2407469603). BEACH DISTRICT.
MEETING DATE: November 13, 2012
■ Background:
The property was acquired as part of the City's APZ-1 program to prevent further
development of incompatible uses in the APZ-1 Accident Potential Zone
surrounding NAS Oceana. The applicant is seeking a rezoning of the northern
portion of the site from A-12 Apartment District to B-2 Community Business
District. The southern portion of the site is already zoned B-2 Business. If the
rezoning is approved, the total area of the subject site will be zoned B-2, which
will allow the applicant to use the entire site for motor vehicle sales and service
should the Use Permit be approved.
■ Considerations:
The submitted site development plan depicts a rectangular piece of property of
1.4 acres. A sales building with 2,838 square feet of floor area is proposed at the
southeastern portion of the site, 57 feet from Virginia Beach Boulevard and 60
feet from Maxey Drive. Six vehicle display areas are dispersed throughout the
site. Parking for customers and employees is shown in the middle of the site. A
stormwater management facility and a 3,400 square foot motor vehicle repair
building are depicted at the rear of the site. There are two access points to the
site located on Maxey Drive. Street frontage, interior parking lot, and landscape
buffers are also shown on the plan.
The proposed sales building is modern in design, and will be constructed using
high quality materials such as HardiplanV panels, stone veneer, and storefront
windows.
The request to change the zoning for the northern portion of the site to B-2
Business and the concurrent request for a Conditional Use Permit for motor
vehicle sales and repair is consistent with the land use policies of the
Comprehensive Plan. The rezoning of the A-12 Apartment District to B-2
Community Business District will prevent residential and other uses deemed not
compatible within this AICUZ and APZ from being developed on that area of the
site. The motor vehicle sales and service use will provide a compatible use with
the air operations at Naval Air Station Oceana. The City, as the property owner
Archangel Enterprises, Inc.
Page 2 of 3
conveying this site to the applicant through the City's APZ-1 Program, developed
deed restrictions that will accompany the sale of the property. The deed
restrictions will control the general use, appearance, and site design to ensure a
high level of quality development and compatibility with the surrounding 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 11-0, to recommend approval of this request to the
City Council with the following conditions:
The site shall be developed substantially in accordance with the submitted
"Site Development Plan of Virginia Beach Autoplex Virginia Beach Boulevard
and Maxey Drive", prepared by NDI Engineering Company Basgier and
Associates Division. Said plan has been exhibited to the Virginia Beach City
Council and is on file in the Planning Department.
2. The proposed buildings shall substantially adhere to the submitted
"Lynnhaven Motor Company Presentation Package", prepared by Ionic
Dezign Studios, and dated July 20, 2012. Said rendering package has been
exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
3. A Lighting Plan and / or Photometric Diagram Plan shall be submitted during
detailed site plan review. Said plan shall include the location of all pole
mounted and building mounted lighting fixtures, and the listing of lamp type,
wattage, and type of fixture. Lighting shall overlap and be uniform throughout
the parking area. All lighting on the site shall be consistent with those
standards recommended by the Illumination Engineering Society of North
America. The plan shall include provisions for implementing low-level security
lighting for non -business hours.
4. Parking spaces and display area spaces shall be clearly delineated in the
parking lot in accordance with the approved plan. Vehicles shall to be parked
in the designated areas, and no vehicles shall be parked within any portion of
the public right-of-way. Vehicles shall not be displayed on raised platforms.
Vehicles shall not be displayed or parked within any landscaped areas on the
site. Vehicles shall not be displayed with the hood of the vehicle open.
5. There shall be no electronic display signs, neon signs or neon accents
installed on any wall area of the exterior of the building, windows, and doors.
There shall be no pennants, streamers, balloons, portable signs, strings of
lights, or banners displayed on the site or the vehicles.
6. No outdoor speakers or public address system shall be permitted.
Archangel Enterprises, Inc.
Page 3 of 3
■ 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 • � V- • 2j(3 V�4L
BEACH Archangel Enterprise, Inc.
NJ. t '`.aF A Vir inia Cor )oration3
r
U ! October 10, 2012 Public Hearing
4�L],liD -J - APPLICANT:
AM
ng ARCHANGEL
_ ENTERPRISE, INC.
t i...,
�� ' � � A VIRGINIA
CORPORATION
-MG1- A
B2 i��?i�i +� PROPERTY OWNER:
J
._-. CaPzany Change from Al2 to 82 CITY O F VIRGINIA
vo�.o.rara�� n9 9
Conditional Use Permit (motor vehicle sales d service)
BEACH
STAFF PLANNER: Faith Christie
REQUEST:
Change of Zoning (A-12 Apartment to B-2 Business)
Conditional Use Permit (motor vehicle sales and service)
ADDRESS / DESCRIPTION: 1888 Virginia Beach Boulevard and east side of Maxey Drive
GPIN: ELECTION SITE SIZE: AICUZ:
24074696030000; DISTRICT: Total (and Use Permit Area): 1.4 acres Greater than 75 dB DNL
24074684830000 BEACH (60,984 square feet) Accident Potential Zone 1
Portion of Site Proposed for Rezoning:
0.51 acres (22,275 square feet)
SUMMARY OF REQUEST
The property was acquired as part of the City's APZ-1 program to prevent further development of
incompatible uses in the APZ-1 Accident Potential Zone surrounding NAS Oceana. The applicant is
seeking a rezoning of the northern portion of the site from A-12 Apartment District to B-2 Community
Business District. The southern portion of the site is already zoned B-2 Business. If the rezoning is
approved, the total area of the subject site will be zoned B-2, which will allow the applicant to use the
entire site for motor vehicle sales and service for should the Use Permit be approved.
The rezoning of the A-12 Apartment District to B-2 Community Business District will also prevent
residential and other uses deemed not compatible within this AICUZ and APZ from being developed on
that area of the site. The motor vehicle sales and service use will provide a compatible use with the air
operations at Naval Air Station Oceana. The City, as the property owner conveying this site to the
applicant through the City's APZ-1 Program, developed deed restrictions that will accompany the sale of
ARCHANGEL ENTERPRISES, INC. ,
Agenda Item 3
Page 1
the property. The deed restrictions will control the general use, appearance, and site design to ensure a
high level of quality development and compatibility with the surrounding area.
The submitted site development plan depicts a rectangular piece of property of 1.4 acres. A 2,838 square
feet sales building is proposed at the southeastern portion of the site, 57 feet from Virginia Beach
Boulevard and 60 feet from Maxey Drive. Six vehicle display areas are dispersed throughout the site.
Parking for customers and employees is shown in the middle of the site. A stormwater management
facility and 3,400 square feet motor vehicle repair building are depicted at the rear of the site. There are
two entrances / exits to the site from Maxey Drive. Street frontage, interior parking lot, and landscape
buffers are also shown on the plan.
The proposed building is modern in design, and will be constructed using high quality materials such as
Hardiplank® panels, stone veneer, and storefront windows.
EXISTING LAND USE: Vacant property
SURROUNDING LAND North:
USE AND ZONING: South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
LAND USE AND PLAN INFORMATION
• Multi -family dwellings / A-18 Apartment
• Virginia Beach Boulevard
• Automotive Repair / B-2 Business
• Maxey Drive
• Across Maxey Drive are service repair uses / B-2 Business
There are no known significant natural resources or cultural features
associated with the site.
COMPREHENSIVE PLAN: Urban Area - Hilltop Strategic Growth Area (SGA 7)
This property is located in the Urban Area - Hilltop Strategic Growth Area (SGA 7) as identified by the
Comprehensive Plan and the Hilltop Strategic Growth Area Master Plan, which was adopted as a
Comprehensive Plan amendment on August 28, 2012. The Hilltop SGA is recognized as an area primed for
redevelopment and reinvestment because of its existing commercial strength and its proximity to the
Oceanfront Resort SGA, NAS Oceana, and the First Colonial Road / 1-264 interchange. The Comprehensive
Plan calls for redevelopment of obsolete commercial structures with new buildings placed according to new
urban planning standards for the district.
More specifically, the Hilltop SGA Master Plan's Land Use Plan identifies this site as non-residential mixed-
use. The plan acknowledges that the Hilltop area is home to a wealth of local businesses with a variety of
retail, restaurant, office, health, and recreational uses. The plan encourages building on these unique uses
while reinforcing land uses compatible with AICUZ restrictions.
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This site borders
ARCHANGEL ENTERPRISES, iNC.
Agenda Item 3
Page 2
Maxey Drive and Virginia Beach Boulevard. Maxey Drive is a two-lane, two-way local street with a 30' right-of-
way width. Virginia Beach Boulevard is a four -lane divided minor urban arterial, with a 100' right-of-way width.
There is also an existing median break at the intersection with Maxey Drive. There are no Capital
Improvement Program projects currently planned for either roadway in this location.
Public Works / Traffic Engineering:
• There is no land use associated with Used Car Sales in the ITE Trip Generation Manual; however, the
trip rate for "New Car Sales" is commonly accepted as representative of appropriate rates for used car
dealerships as well. Additionally, many new car dealerships also contain service areas, and so the trip
generation for the proposed Motor Vehicle Sales and Service Future Building #2 can be reasonably
assumed to be included in the calculation encompassing the total building area.
• The proposed use for this site does not appear to create any traffic safety or delay issues within the
surrounding roadway network, and the proposed improvements shown on the submitted Site
Development Plan appear to satisfy the majority of Traffic Engineering concerns associated with this
site.
TRAFFIC:
Street Name
Present
Present Capacity
Generated Traffic
Volume
_
Virginia Beach
,
30,800 ADT
22,800 ADT
Potential Land Use per
Existing Zoning 2— 516
Boulevard
ADT
No data
9,900 ADT'
Proposed Land Use 3— 211
Maxey Drive
available
ADT 17 PM Peak Houk
Average Daily Trips
2 as defined by 0.51 acres of A-12 Apartment and 0.87 acres of B-2 Business
3 as defined by 6,238 square feet motor vehicle sales and service
WATER: This site shall connect to City water. There is an 8 -inch City water line on Maxey Drive and two 12 -
inch City water lines Virginia Beach Boulevard.
SEWER: This site must connect to City sanitary sewer. The applicant must provide an analysis of Pump
Station #287 and the sanitary sewer collection system to ensure future flows can be accommodated. There is
an eight -inch City gravity sanitary sewer main on Maxey Drive and an eight -inch City gravity sanitary sewer
main on Virginia Beach Boulevard.
FIRE: Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. Vehicles shall
not be used as barriers to prevent ingress and egress of the site. Security for ingress and egress must be
approved by the Fire Marshall to insure that fire department access is not obstructed. Gated sites must provide
for fire department access using the Knox or Supra key system. Electrically operated gates must have a
failsafe operation in the event of a power failure.
DEVELOPMENT SERVICES CENTER: Stormwater quality and quantity shall be addressed in accordance
with the Virginia Stormwater Management Handbook. In accordance with the Stormwater Management
Ordinance, the best management facility for the site must meet a minimum 15 -foot setback from any right-of-
way and/or adjacent property.
ARCHANGEL ENTERPRISES, INC.
Agenda Item 3
Page 3
EVALUATION AND RECOMMENDATION
The request to change the zoning for the northern portion of the site to B-2 Business and for a Conditional
Use Permit for motor vehicle sales and repair is generally consistent with the land use policies of the
Comprehensive Plan. The proposed redevelopment of this property will provide a use that is compatible
to the AICUZ and APZ for this area of the city. The deed restrictions that the City will attach to the sale of
the property will ensure the site is compatible with the permitted uses for the area and will control the
appearance and design of the site and building when developed. In sum, staff recommends approval of
this request with the submitted proffers of the rezoning, provided below, and with the conditions of the
Use Permit, provide directly below.
CONDITIONS
1. The site shall be developed substantially in accordance with the submitted "Site Development Plan of
Virginia Beach Autoplex Virginia Beach Boulevard and Maxey Drive", prepared by NDI Engineering
Company Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach City
Council and is on file in the Planning Department.
2. The proposed buildings shall substantially adhere to the submitted "Lynnhaven Motor Company
Presentation Package", prepared by Ionic Dezign Studios, and dated July 20, 2012. Said rendering
package has been exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
A Lighting Plan and / or Photometric Diagram Plan shall be submitted during detailed site plan review.
Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the
listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the
parking area. All lighting on the site shall be consistent with those standards recommended by the
Illumination Engineering Society of North America. The plan shall include provisions for implementing
low-level security lighting for non -business hours.
4. Parking spaces and display area spaces shall be clearly delineated in the parking lot in accordance
with the approved plan. Vehicles shall to be parked in the designated areas, and no vehicles shall be
parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised
platforms. Vehicles shall not be displayed or parked within any landscaped areas on the site. Vehicles
shall not be displayed with the hood of the vehicle open.
5. There shall be no electronic display signs, neon signs or neon accents installed on any wall area of the
exterior of the building, windows, and doors. There shall be no pennants, streamers, balloons, portable
signs, strings of lights, or banners displayed on the site or the vehicles.
6. No outdoor speakers or public address system shall be permitted.
ARCHANGEL ENTERPRISES, INC.
Agenda Item 3
Page 4
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
ARCHANGEL ENTERPRISES, SNC.
Agenda Item 3
Page 5
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Agenda Item 3
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Agenda Item 3
Page 8
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Agenda Item 3
Page 8
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Agenda Item 3
Page 9
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ARCHANGEL ENTERPRISES, INC.
Agenda Item 3
Page 10
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
3/14/06
Conditional Rezoning (B-2 Business to 1-1 Light
Industrial
Approved
2
8/25/09
Conditional Use Permit Bulk Storage)
Approved
3
2/22/00
Conditional Use Permit Automotive Repair)
Approved
4
4/30/09
4/1/10
6/1/12
APZ — Conditional Use Permit (Automotive Repair)
APZ — Conditional Use Permit (Automotive Repair)
APZ — Conditional Use Permit Automotive Repair
Deferred
Withdrawn
Pending
5
10/8/96
Conditional Use Permit Automotive Sales and Repair
Approved
6
1/25/94
Enlargement of Nonconforming Use
Approved
ARCHANGEL ENTERPRISES, INC.
Agenda Item 3
Page 11
kc
DISCLOSURE STATEMENT 11
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)
Archangel Enterprises, Inc.: John Gabriel, President/Secretary
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
❑ Check here if the 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)
The City of Virginia Beach, a municipal corporation: Mayor William D. Sessoms, Jr.;
Vice Mayor Louis R. Jones; Councilman Bill DeSteph; Councilman Bob Dyer,
Councilman Glenn Davis; Councilman Harry Diezel; Councilman Jim Wood;
Councilman John Uhrin; Councilwoman Rosemary Wilson; Councilman John Moss;
Councilwoman Barbara Henley
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
Rezoning Application
Page 9 of 10
Revised 9/1/2004
0
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DISCLOSURE STATEMENT
ARCHANGEL ENTERPRISES; INC.
.Agenda Item 3
Page 12
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)
Sykes, Bourdon, Ahern & Levy, P.C.
NDI Basgier & Associates
Ionic Design
"Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according tQ thf, instructions in this package.
Archangel
By;John Gabriel, President
Appli s ture Print Name
CityI Beach L J AMPS k S poRE
By:
Property O n s Signature (if differerikkan applicant) Print Name
Rezoning Application
DISCLOSURE STATEMENT
ARCHANGEL ENTERPRISES; INC.
Agenda Item 3
Page 13
Item #3
Archangel Enterprises, Inc.
Change of Zoning
Conditional Use Permit
East side of Maxey Drive and north of Virginia Beach Boulevard
District 6
Beach
October 10, 2012
CONSENT
An application of Archangel Enterprises, Inc. for a Change of Zoning from A-12 Apartment
to B-2 Business and a Conditional Use Permit for motor vehicle sales and service on
property located at 1888 Virginia Beach Boulevard and east side of Maxey Drive, District 6,
Beach. GPIN: 24074696030000; 24074684830000.
CONDITIONS
1. The site shall be developed substantially in accordance with the submitted "Site
Development Plan of Virginia Beach Autoplex Virginia Beach Boulevard and Maxey Drive",
prepared by NDI Engineering Company Basgier and Associates Division. Said plan has been
exhibited to the Virginia Beach City Council and is on file in the Planning Department.
2. The proposed buildings shall substantially adhere to the submitted "Lynnhaven Motor
Company Presentation Package", prepared by Ionic Dezign Studios, and dated July 20, 2012.
Said rendering package has been exhibited to the Virginia Beach City Council and is on file in
the Planning Department.
A Lighting Plan and / or Photometric Diagram Plan shall be submitted during detailed site
plan review. Said plan shall include the location of all pole mounted and building mounted
lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall
overlap and be uniform throughout the parking area. All lighting on the site shall be
consistent with those standards recommended by the Illumination Engineering Society of
North America. The plan shall include provisions for implementing low-level security
lighting for non -business hours.
4. Parking spaces and display area spaces shall be clearly delineated in the parking lot in
accordance with the approved plan. Vehicles shall to be parked in the designated areas, and
no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not
be displayed on raised platforms. Vehicles shall not be displayed or parked within any
landscaped areas on the site. Vehicles shall not be displayed with the hood of the vehicle
open.
5. There shall be no electronic display signs, neon signs or neon accents installed on any wall
area of the exterior of the building, windows, and doors. There shall be no pennants,
streamers, balloons, portable signs, strings of lights, or banners displayed on the site or the
Item #3
Archangel Enterprises, Inc.
Page 2
vehicles.
6. No outdoor speakers or public address system shall be permitted.
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 or Change of Zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within
the Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
By a vote of 11-0, the Commission approved item 3 by consent.
Eddie Bourdon appeared before the Commission on behalf of the applicant.
AYE 11 NAY 0 ABS 0 ABSENT 0
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUCINSKI
AYE
RUSSO
AYE
THORNTON
AYE
By a vote of 11-0, the Commission approved item 3 by consent.
Eddie Bourdon appeared before the Commission on behalf of the applicant.
NU'dtiF�j�.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: MPB, INC., Conditional Change of Zoning, AG -1 & AG -2 Agricultural
Districts to Conditional 0-2 Office District, southwest corner of Princess Anne
Road and Elson Green Avenue (GPIN 2414137942). PRINCESS ANNE DISTRICT.
MEETING DATE: November 13, 2012
■ Background:
The applicant requests a Change of Zoning for a 6.5 -acre site from AG -1 & AG -2
Agricultural Districts to Conditional 0-2 Office District for the purpose of
constructing a three-story medical office building. The proposed building will
contain approximately 75,000 square feet of leasable space intended for
physician groups. The applicant anticipates that the medical groups will include
general family practice, internal medicine, as well as an advanced imaging center
and/or urgent care unit.
■ Considerations:
The proposed building is located close to the right-of-way of Princess Anne
Road. Due, however, to the acquisition of right-of-way in 2009 for Princess Anne
Road, Phase VII (CIP Project 2-195), there is currently a gap between the right-
of-way line for Princess Anne Road and the existing pavement of Princess Anne
Road. The gap ranges between 85 feet at the northern end of the site to 260 feet
at the southern end of the site.
There is no parking is placed between the side of the building facing Princess
Anne Road and the right-of-way. Parking areas are grouped around the three
remaining sides of the building. Bicycle and motorcycle parking are also
provided. A stormwater management facility with an aerator is located in the
southernmost corner of the site. The stormwater facility is designed not only for
management of the stormwater, but as an attractive feature for the site in
combination with surrounding landscaping, a bench, and multipurpose path.
Accenting the main entrance of the building is a large landscaped island with a
drop-off area consisting of colored stamped concrete. A portion of the drop-off
area is covered by a modern awning that extends to the front entry. The building
is contemporary in design. The exterior building materials are predominately
brick veneer, composite metal panel, and glass.
The number of monument and building signs exceeds the number of signs
allowed under the zoning. The applicant intends to either reduce the number
signs or submit a variance for the signs.
MPB, Inc.
Page 2 of 3
The proposed rezoning of the subject property is consistent with the
Comprehensive Plan's land use policies for the Transition 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 11-0, to recommend approval of this request to the
City Council with the following proffers:
PROFFER 1:
When developed, Grantor shall develop the property including the building and
landscaping thereon, in substantial conformity with the Preliminary Site Plan
prepared by VHB, Inc. dated May 17, 2012, and titled "Munden Property, Residual
Parcel B, Virginia Beach, Virginia", (the "Plan"), a copy of which has been is on file
with the Department of Planning and has been exhibited to the City Council.
PROFFER 2:
When developed, the building shown on the Plan shall be developed using
architectural designs and building materials shown on the six renderings by
Innovate Architecture — Interiors dated May 7, 2012, grouped together and titled
"Nimmo Medical Center, Virginia Beach, Virginia, "the "Renderings"), copies of
which are on file with the Department of Planning and have been exhibited to the
City Council.
PROFFER 3:
The signs on the buildings shown on the Plan shall be in substantial conformity with
the building signs shown in the Renderings.
PROFFER 4:
The monument signs shown on the Plan shall be in substantial conformity with the
sign plan by Artlite Signs and Awnings titled "Sentara Nimmo Medical Center,
Virginia Beach, VA.," (Drawing #052112 -AM -1 and #052112 -AM -2), a copy of which
sign plan is on file with the Department of Planning and has been exhibited to the
City Council.
PROFFER 5:
Further conditions lawfully imposed by applicable development ordinances may be
required by the Grantee during detailed site plan review and/or 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
Minutes of Planning Commission Hearing
Location Map
MPB, Inc.
Page 3 of 3
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department Ir
City Manager: .'ZY
IRMCESS ANNE
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14
October 10, 2012 Public Hearing
APPLICANT:
MPB, INC
PROPERTY OWNER:
MUNDEN &
ASSOCIATES, LP
STAFF PLANNER: Karen Prochilo
REQUEST: Conditional Change of Zoning (AG -1 & AG -2 to Conditional 0-2)
ADDRESS / DESCRIPTION: Southwest Corner of Princess Anne Rd and Elson Green Ave
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24141379420000 PRINCESS ANNE 6.5 acres Less than 65 dB DNL
SUMMARY OF REQUEST
The applicant proposes to rezone the existing agricultural property in order to construct a three-story
medical office building. This proposed building will contain approximately 75,000 square feet of rental
space aimed at physician groups. The applicant anticipates that the medical groups will include general
family practice and internal medicine as well as an advanced imaging center and/or urgent care unit.
The building is located close to Princess Anne Road and centered along this front. No parking is placed
between this side of the building and Princess Anne Road. Parking is divided around the three remaining
sides of the building. Bicycle and motorcycle parking are also provided. A stormwater management facility
with an aerator is located in the southernmost corner of the site. This facility is designed not only for
management of the stormwater but as an attractive feature to the site with surrounding landscaping, a
bench and multipurpose path.
Accenting the main entrance of the building is a large landscaped island with a drop off area in stamped
concrete. A portion of the drop off is covered by a modern awning that extends to the front entry. The
building is contemporary in design. The exterior building materials are predominately brick veneer,
composite metal panel and glass.
MPB, SNC..
Agenda Item 14
Page 1
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Undeveloped wooded site
SURROUNDING LAND North: . Elson Green Avenue
USE AND ZONING: • Undeveloped wooded site / AG -1 & AG -2 Agricultural Districts
South: . Elementary school / AG -1 & AG -2 Agricultural Districts
East: • Princess Anne Road
Retail center / B-2 Community Business District
West: . Elson Green Avenue
• Single-family dwellings / R-20 Residential District
NATURAL RESOURCE AND The majority of the site is wooded. There are no known significant
CULTURAL FEATURES: cultural features associated with this site.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Transition Area.
The Transition Area is strategically located between the more urbanized region of the City to the north and the
rural area to the south. Development proposals should strive to achieve the goal of attaining 50% open space
including berms, trees, buffers and trails to create safe, accessible and attractive roadway corridors and
internal green space. Moreover, design with nature by creating site plans that respect and showcase valued
natural resources. (pp. 4-1, 4-3)
The planning principles for the Transition Area are reinforced by the Transition Area Design Guidelines
(TADG, 2003). The guidelines emphasize larger open spaces, connected corridors, natural areas, and a
noticeable transition between the suburban north and rural south. Good design within the Transition Area will
protect natural resources, provides amenities, considers views and integrates quality design in a creative
manner. When planning a development in the Transition Area, the guidelines encourage consideration of
three themes: natural resources, amenities, and design. Preserve and integrate into the overall project the
natural resources located on the site. An amenity within the Transition Area is a feature that increases the
attractiveness or value of the site consistent with the goals and objectives of the Comprehensive Plan.
Commercial development within the Transition Area should be thought of as neighborhood serving centers; big
box commercial establishments are discouraged. Office development should be thought of as anchors that
provide significant presence to a defined area. Office space combined with a commercial node assists in
reducing the number of noontime automobile trips and can encourage a pedestrian experience.
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this
site is proposed to be from Elson Green Avenue, west of its intersection with Princess Anne Road. Elson
Green Avenue is a two-lane collector roadway with a variable (70 -ft to 80 -ft) right-of-way width with sidewalk.
It is not included on the City's MTP map. Princess Anne Road is a 2 -lane minor suburban arterial with a
variable -width right of way in this location. The City's Master Transportation Plan (MTP) Map indicates an
ultimate right-of-way width of 135 feet for a four -lane parkway for this section of Princess Anne Road. The CIP
project for this section of Princess Anne Road (CIP 2-195), which will realign and widen Princess Anne Road
and includes intersection improvements at Elson Green Avenue, is currently in the final stages of design, and
real estate acquisition is underway.
MPB, INC.
Agenda Item 14
Page 2
TRAFFIC:
Street Name
Present
Present Capacity
Generated Traffic
Volume
Elson Green
No recent
6,200 ADT (Level of
Existing Land Use — 10 ADT
Avenue
count data
Service "C")
3—
available.
9,900 ADT' (Level of
Proposed Land Use 2,710
Service "D") - Capacity
ADT (260 PM Peak Hour)
11,100 ADT' (Level of
Service "E"
Princess Anne
15,950 ADT
13,600 ADT T (Level of
Road
Service "C")
15,000 ADT' (Level of
Service "D") - Capacity
16,200 ADT' (Level of
Service "E"
Average Daily Trips
las defined by 6.5 acres of agricultural zoning
3 as defined by 75,000 SF medical office building
The calculated trip generation for the proposed use of this site as a Medical Office building exceeds the trigger
for a traffic impact study to be required. As such, Traffic Engineering required a minimal Traffic Impact Study
(TIS) to examine:
o The impacts to the existing signalized intersection at Princess Anne Road, as well as to the
proposed improved intersection,
o Queue lengths at the intersection of Elson Green Avenue and Princess Anne Road in relation
to the proposed exit -only driveway nearest the intersection.
The TIS submitted September 25, 2012, concluded that the proposed development does not significantly
impact the traffic operations at the existing or future signalized intersection, and that queue lengths will not
impact the operation of the proposed exit -only driveway. Traffic Engineering reviewed this study, and agrees
substantially with the conclusions and does not foresee the need for significant right-of-way improvements as
a result of the proposed rezoning.
All entrances will be required to comply with City of Virginia Beach Public Works Standards for width, radii,
throat length, sight distance, etc.
WATER: This site must connect to City water. There is a 10 -inch City water line in Princess Anne Road and a
10 -inch City water line in Elson Green Avenue.
SEWER: City sanitary sewer does not front on this site and this site is not within any pump station service
area. Pump Station service areas 615 and 626 are adjacent to this site; plans and bonds are required for
extension of sanitary sewer system. An engineering hydraulic analysis of selected pump station to serve this
site and the sanitary sewer collection system is required to ensure future flows can be accommodated and to
determine any required system modifications.
STORMWATER: The applicant will coordinate all drainage and stormwater management design and
construction with adjacent City and other public projects. The east edge of the subject property is adjacent to
the Princess Anne Road Phase VII (CIP 2-195) project. A permanent utility easement is shown along the east
edge of the subject property, which is indicative of future proposed utility work
Department of Public Health: Any food service operations will require obtaining Food Service Operations
MPB,INC.
Agenda Item 14
Page 3
Permits.
EVALUATION AND RECOMMENDATION
This proposed medical office is in close proximity to the Red Mill Commons area commercial node. Thus,
this proposal has an opportunity to reduce the number of noontime automobile trips by encouraging
pedestrian activity.
The conceptual plan depicts internal pathways connecting the parking areas to the entrance and around
the stormwater BMP. There is a gap in the connection of the internal path with the existing sidewalk on
Elson Green Avenue between the elementary school to the south and Red Mill Commons retail center to
the north across Princess Anne Road. The applicant has agreed to tie their internal path into this sidewalk
The rear of the building is oriented to Princess Anne Road and does not have a deep setback. However,
the loading areas at the rear of the building are exposed to Princess Anne Road with minimal landscape
buffering. The applicant intends to install additional landscaping around the loading area for better
screening along Princess Anne Road. In addition the number of parking spaces exceeds the amount
required. The applicant has indicated the need for the additional spaces due to the medical use within the
building.
The number of monument and building signs exceeds the number of signs allowed under the zoning. The
applicant intends to either reduce the number signs or submit a variance for the signs. The proposed
rezoning of the subject property from agricultural to office use is compatible with the Comprehensive
Plan's land use policies for the Transition Area.
Staff recommends approval with the above revisions to the final site plan and the following proffers.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When developed, Grantor shall develop the property including the building and landscaping thereon, in
substantial conformity with the Preliminary Site Plan prepared by VHB, Inc. dated May 17, 2012, and titled
"Munden Property, Residual Parcel B, Virginia Beach, Virginia", (the "Plan"), a copy of which has been is on
file with the Department of Planning and has been exhibited to the City Council.
PROFFER 2:
When developed, the building shown on the Plan shall be developed using architectural designs and
building materials shown on the six renderings by Innovate Architecture — Interiors dated May 7, 2012,
grouped together and titled "Nimmo Medical Center, Virginia Beach, Virginia, "the "Renderings"), copies of
which are on file with the Department of Planning and have been exhibited to the City Council.
PROFFER 3:
MPBONC.
Agenda Item 14
Page 4
The signs on the buildings shown on the Plan shall be in substantial conformity with the building signs
shown in the Renderings.
PROFFER 4:
The monument signs shown on the Plan shall be in substantial conformity with the sign plan by Artlite
Signs and Awnings titled "Sentara Nimmo Medical Center, Virginia Beach, VA.," (Drawing #052112 -AM -1
and #052112 -AM -2), a copy of which sign plan is on file with the Department of Planning and has been
exhibited to the City Council.
PROFFER 5:
Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee
during detailed site plan review and/or subdivision review and administration of applicable City Codes by all
cognizant City Agencies and departments to meet all applicable City Code requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the
project.
The City Attorney's Office has reviewed the proffer agreement dated May 31, 2012, and found it to be legally
sufficient and in acceptable legal form.
MPB, INC.
Agenda Item 14
Page 5
AERIAL OF SITE LOCATION
MPB, INC.
Agenda Item 14
Page 6
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Agenda Item 14
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Zoning with Conditions Proffers. Open Conditional Zoning cnange U0171 H L7.1 d r v-[ w a U11 W11oi ..-�
Space Promotion or POH•2 Overiays Property is located in A1CUZ Noise Zone
65.70 dB Ldn and Snb Area 2
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
07/03/2012
Modification of Conditions
Approved
12/14/2010
Conditional Use Permit (Fitness Facility)
Approved
04/27/2010
Modification of Conditions
Approved
05/26/2009
Conditional Use Permit (Flea Market)
Approved
08/05/2003
Conditional Use Permit (Bulk Storage)
Approved
12/11/2001
Conditional Use Permit (Automobile Repair)
Approved
01/09/1964
Conditional Use Permit (Raceway)
Approved
11/07/1963
Rezoning (R -S 1 Residence Suburban to C -L 1 Limited
Approved
Commercial
2
06/28/2011
Street Closure
Approved
3
10/09/2007
Rezoning (R-20 Residential w/ PD -H2 to P-1 Preservation)
Approved
08/22/2006
Street closure
Approved
08/22/2006
Conditional Rezoning (AG -1 & AG -2 to R-20 Residential w/
Approved
PD -1-12 overlay)
4
03/25/2003
Rezoning (B-2 Business to Conditional B-2 Business and
Approved
Conditional A-18 Apartment)
5
12/11/2001
Rezoning (B-2 Business to Conditional A-12 Apartment)
Approved
6
11/14/1995
Conditional Use Permit (Automobile Service Station
Approved
MPB, INC.
Agenda Item 14
Page 14
fP _
•t
11 DISCLOSURE STATEMENT 11
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)
SEE ATTACHED
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
SEE ATTACHED
❑ 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)
SEE ATTACHED
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
SEEATTACHED
❑ 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 the City of Virginia Beach have an interest in the
subject land? Yes El No 0
If yes, what is the name of the official or employee and the nature of their interest?
Conditional Rezoning Application
Page 11 of 12
Revised 11/16/2006
DISCLOSURE STATEMENT
MPB, 'NC.
Agenda Item 14
Page 15
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)
SEE ATTACHED
' "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
' MPB, Inc.
By:RobertA. Broermann, President
Applica 's Signature Print Name
Property Owner's Signature (if different than applicant) Print Name
Conditional Rezoning Application
Page 12 of 12
Revised 7/,VM07
DISCLOSURE STATEMENT
MPB, INC.
Agenda Item 14
Page 16
DISCLOSURE STATEMENT
0
pn
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)
SEE ATTACHED
' "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.
s "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2 -3101 -
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions In this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
licant's Signature ^ Print Name
Munden and Associates, L.P.
By: William C. Munden
Property Owner's Signature (if different than applicant) Print Name
Conditional Rezoning Application
Page 12 of 12
Revised 7/312007
DISCLOSURE STATEMENT
MPB, INC.
Agenda Item 14
Page 17
DISCLOSURE STATEMENT
O
6
z
O
P--04
Flassaill
in -4
AM
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)
SEE ATTACHED
1 "Parent -subsidiary relationship" mews 'a relationship dud exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2'Affiliated business entity relationship' means "a relationship, other than parent -
subsidiary relationship, that exists when () one business entity has a controlling ownership
Interest in the other business entity, (r') a controlling owner in one entity is also a controlling
owner in the other entity, or (un) there is shared management or control between the business
entities. Fedora that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entitles; there are common or oomn filed funds or assets; the
business entities share the use of the some offices or employees or otherwise share activiitiees,
resources or personnel on a regular basis; or there is otherwise a dose woridng relationship
between the entities.' See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the Information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this padcage. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Applicant's Signature
PrIsperty OwWs Sign rent than
Print Name
Martha Susan Williamson Cruz
Print Name
CorAdOW RazWAV APWWon
Page 12 of 12
RexfteO 7!3/2007
DISCLOSURE STATEMENT
MPB, INC.
Agenda Item 14
Page 18
DISCLOSURE STATEMENT
O
z
0
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)
SEE ATTACHED
f 'Parent -subsidiary relationship" means 'a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2'Afflliated 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, (it) 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 some offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a dose working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein Is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the Instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Signature Print Name
�a& Nancy Ellen Williamson
Pr perty is Signature (if different than applicant) Print Name
CondlfiwW Rezoning AppllcaWn
Page 12 of 12
ReWeatl 7/3x2007
DISCLOSURE STATEMENT
MP6, INC.
Agenda Item 14
Page 19
Owner Disclosures
1. Owner name: Munden and Associates, L.P., a Virginia limited partnership (1/2 undivided
interest)
General Partner: Wayne F. Munden (25% partnership interest)
Limited Partners: William C. Munden (25% partnership interest)
Thomas A. Munden (25% partnership interest)
Richard L. Munden (25% partnership interest)
2. Parent -subsidiary and affiliated business entities:
Affiliates:
The four (4) partners are also co-owners of the following entities:
Four Sons Development, LLC
Munden Land, LLC
Wayne F. Munden owns controlling interests in the following entities:
Meadow Lake MHP, LLC
Mineral Springs MHP, LLC
NOTE: Property owners Martha Susan Williamson Cruz and Nancy Ellen Williamson are
individual owners and not legal entities.
ADDITIONAL DISCLOSURE ATTACHMENT
The following is a list of known contractors and businesses that have or will provide services
with respect to the requested property use:
Willcox & Savage, P.C.
Vanasse Hangen Brustlin, Inc.
Innovate Architecture & Interiors, Inc.
Artlite Sign Company, Inc.
DISCLOSURE STATEMENT
Applicant Disclosures
Applicant name: MPB, Inc., a Virginia corporation
Officers: Robert A. Broermann — President and Treasurer
Jeffrey P. King — Secretary
Directors: David L. Bernd - Chairman
Robert A. Broermann
Howard P. Kern
2. Parent -subsidiary and affiliated business entities:
Parent — Sentara Enterprises, which is itself wholly-owned by Sentara Healthcare
Affiliated business entities:
Sentara Medical Group
Sentara Hospitals
Sentara Life Care Corp.
Tidewater Health Care, Inc. (formerly Sentara Princess Anne Hospital)
MPB; INC..
Agenda Item 14
Page 20
Item #14
MPB, Inc.
Conditional Change of Zoning
Southwest corner of Princess Anne Road and Elson Green Road
District 7
Princess Anne
October 10, 2012
CONSENT
An application of MPB, Inc. for a Conditional Change of Zoning from AG -1 & AG -2 to
Conditional 0-2 on property located on the southwest corner of Princess Anne Road and
Elson Green Avenue, District 7, Princess Anne: GPIN: 24141379420000.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning
Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance,
has voluntarily submitted these proffers in an attempt to offset identified problems to the
extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be
approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting
the use of the property as proposed with this change of zoning.
PROFFER 1:
When developed, Grantor shall develop the property including the building and landscaping
thereon, in substantial conformity with the Preliminary Site Plan prepared by VHB, Inc. dated
May 17, 2012, and titled "Munden Property, Residual Parcel B, Virginia Beach, Virginia", (the
"Plan"), a copy of which has been is on file with the Department of Planning and has been
exhibited to the City Council.
PROFFER 2:
When developed, the building shown on the Plan shall be developed using architectural
designs and building materials shown on the six renderings by Innovate Architecture -
Interiors dated May 7, 2012, grouped together and titled "Nimmo Medical Center, Virginia
Beach, Virginia, "the "Renderings"), copies of which are on file with the Department of
Planning and have been exhibited to the City Council.
PROFFER 3:
The signs on the buildings shown on the Plan shall be in substantial conformity with the
building signs shown in the Renderings.
PROFFER 4:
The monument signs shown on the Plan shall be in substantial conformity with the sign plan
by Artlite Signs and Awnings titled "Sentara Nimmo Medical Center, Virginia Beach, VA.,"
(Drawing #052112 -AM -1 and #052112 -AM -2), a copy of which sign plan is on file with the
Department of Planning and has been exhibited to the City Council.
Item #14
MPB, Inc.
Page 2
PROFFER 5:
Further conditions lawfully imposed by applicable development ordinances may be required
by the Grantee during detailed site plan review and/or subdivision review and administration
of applicable City Codes by all cognizant City Agencies and departments to meet all applicable
City Code requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality
of the project.
The City Attorney's Office has reviewed the proffer agreement dated May 31, 2012, and found
it to be legally sufficient and in acceptable legal form.
By a vote of 11-0, the Commission approved item 14 by consent.
Stephen Davis appeared before the Commission on behalf of the applicant.
AYE 11 NAY 0 ABS 0 ABSENT 0
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUCINSKI
AYE
RUSSO
AYE
THORNTON
AYE
By a vote of 11-0, the Commission approved item 14 by consent.
Stephen Davis appeared before the Commission on behalf of the applicant.
In Reply Refer To Our File No. DF -8348
TO: Mark D. Stiles
FROM: B. Kay Wilson
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: November 1, 2012
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; MP13, Inc:
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on November 13, 2012. 1 have reviewed the subject proffer agreement, dated
May 31, 2012 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/ka
Enclosure
cc: Kathleen Hassen
Prepared by Warren L. Tisdale
Willcox & Savage, P.C.
440 Monticello Avenue, Suite 2200
Norfolk, VA 23510-2243
AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of this 30r
day of May, 2012, by and
between MUNDEN AND ASSOCIATES, L.P., a Virginia limited partnership, NANCY ELLEN
WILLIAMSON and MARTHA SUSAN WILLIAMSON CRUZ, collectively the current owner
("Owner") of that certain property located at the intersection of Princess Anne Road and Elson Green
Road, in Virginia Beach, Virginia, which property is more particularly described in Exhibit A
attached hereto and incorporated herein by reference (the "Property"), MPB, INC., a Virginia
corporation, the proposed developer of the Property (the Owner and MPB, INC. are hereinafter referred
to collectively as the "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of
the Commonwealth of Virginia (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of
the property from AG -1 and AG -2 to Conditional 0-2; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land for
various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same
time to recognize the effects of the 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 0-2 are needed to cope with the situation to which the Grantor's
rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the
public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map,
in addition to the regulations provided for in the existing 0-2 zoning district by the existing City's
Zoning Ordinance ("CZO"), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the
rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
GPIN NO.: 2414-13-7942
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section
15.2-2204, which said ordinance or resolution shall be recorded along with said instrument
as conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion of quid pro quo for
zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following
declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these proffers
(collectively, the "Proffers") shall constitute covenants running with the said Property, which
shall be binding upon the Property and upon all parties and persons claiming under or through
the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or
title, namely:
1. When developed, Grantor shall develop the Property, including the building
and landscaping thereon, in substantial conformity with the Preliminary Site Plan prepared by
VHB, Inc., dated May 17, 2012, and titled "Munden Property, Residual Parcel B, Virginia Beach,
Virginia" (the "Plan"), a copy of which is on file with the Department of Planning and has been
exhibited to the City Council.
2. When developed, the building shown on the Plan shall be developed using architectural
designs and building materials shown on the six renderings by Innovate Architecture - Interiors dated
May 7, 2012, grouped together and titled "Nimmo Medical Center, Virginia Beach, Virginia," (the
"Renderings"), copies of which are on file with the Department of Planning and have been exhibited
to the City Council.
01
I-1065854.5
3. The signs on the building shown on the Plan shall be in substantial conformity with
the building signs shown in the Renderings.
4. The monument signs shown on the Plan shall be in substantial conformity with the
sign plan by Artlite Signs and Awnings titled "Sentara Nimmo Medical Center, Virginia Beach,
VA," (Drawing #052112 -AM -1 and 4052112 -AM -2), a copy of which sign plan is on file with the
Department of Planning and has been exhibited to City Council.
5. Further conditions lawfully imposed by applicable development ordinances may be
required by the Grantee during detailed site plan and/or subdivision review and administration of
applicable City Codes by all cognizant City agencies and departments to meet all applicable City
Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer to
the CZO, in force as of the date the conditional zoning amendment is approved by the Grantee.
The Grantor covenants and agrees that (a) 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, including
(i) the ordering in writing of the remedying of any noncompliance with such conditions, and
(ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory
or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (b) the
failure to meet all conditions shall constitute cause to deny the issuance of any of the required
building or occupancy permits as may be appropriate; (c) if aggrieved by any decision of the
Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this
Agreement, the Grantor shall petition the governing body for review thereof prior to instituting
proceedings in court; and (d) the Zoning Map shall show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the subject Property on the map and that the
ordinance and the conditions may be made readily available and accessible for public inspection in
the office of the Zoning_ Administrator and in the Department of Planning and that 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 Grantor and Grantee.
[SIGNATURE PAGE FOLLOWS]
3
I-1065854.5
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR: MUNDEN AND ASSOCIATES, L.P.,
a Vir ' limited partnership
By: .
Title:
COMMONWEALTH OF VIRGINIA
CITY OF ^qir a� , to -wit:
�sr
The foregoing instrument was sworn to and acknowledged before me this W day of
�`1��'1--, 2012, by \o M 1 Dnn� n ci X1 , who is personally known to me
or has produced. identification, and who signed in his capacity as'of Munden
and Associates, L.P., a Virginia limited partnership.
190,11 �``
0 1,
My Commission Expires: \` c( f 61 �� +7'�` ALISON REHPELZ KEEFE
Notary Public
Registration Number: Q a Q Commonwealth of Virginia
7020777
My Commission Expires Mar 31, 2014
4
1-1065854.2
AA, --t, Edg,,,, zj-&���
Nancy filen Williamson
STATE OF r UAA
CITY OF A, to -wit:
The foregoing instrument was sworn to and acknowledged before me this 17 -day of
< < 2012, by Nancy Ellen Williamson who is personally known to me or has
produced identification.
My Commission Expires:
NOTARY PUBW STATE OF MARYLAND
Registration Number: MY Commisslm Expires May 17, 2014
5
I-1065854.2
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was sworn to and acknowledged before me this c� day of
6A, 2012, by Martha Susan Williamson Cruz who is personally known to me or has
produced identification.
otary Public
My Commission Expires:��/OL-) Z
Registration Number: �1' �d 77,�3
6
1-1065854.2
JUDITH M.SNELLINGER
Notary Public
Commonwealth of Virginia
270773
Commission Expires Sep 30, 2013
MPB, INC.,
a Virginia corporation
BY:
Robert A. Broermann, President
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
b
The foregoing instrument was sworn to and acknowledged before me this 2 ^day of
2012, by Robert A. Broermann, who is personally known to me or has produced
identification, and who signed in his capacity as Pr ent of MPB, Inc.
Not y Public
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My Commission Expires: Aph 1 33t 2014
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Registration Number: �C�; .oCo.' RFGWPAD0t4
No. O
3062
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1-1065854.5
EXHIBIT A
LEGAL DESCRIPTION
ALL OF THAT CERTAIN tract, piece or parcel of land, with the improvements thereon, and the
appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach,
Virginia, being known, numbered and designated as "Now or Formerly Munden and Associates,
L.P., Martha Susan Williamson Cruz, Nancy Ellen Williamson (GPIN: 2414-14-4323) (D.B.
4336, PG. 1446)(M.B. 8, PG. 55) Residual Parcel B (GPIN: 2414-13-7942)", as shown on that
certain plat entitled "AMENDED PLAT OF RIGHT-OF-WAY AND EASEMENTS FOR CIP 2-
179, ACCESS ROAD FOR ELEMENTARY SCHOOL 2005 TO BE ACQUIRED BY THE
CITY OF VIRGINIA BEACH FROM MUNDEN AND ASSOCIATES, L.P., MARTHA
SUSAN WILLIAMSON CRUZ, NANCY ELLEN WILLIAMSON, VIRGINIA BEACH,
VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia as Instrument No. 200403300049414.
IT BEING a portion of the same property conveyed to Lucy W. Land by deed dated April 8,
1950 from Phyllis L. Munden and Cameron A. Munden, her husband, and Louise Land Halstead,
divorced, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in
Deed Book 273 at page 9. The said Lucy W. Land died testate July 2, 1977 and pursuant to the
terms of her Will recorded in Will Book 50 at page 738, devised the property to Phyllis Land
Munden and Louise Land Williamson.
The said Louise Land Williamson died testate January 8, 1996 and pursuant to the terms of her
Will recorded in Will Book 90 at page 2417, devised her one-half interest in the property to
Nancy Ellen Williamson and Martha Susan Williamson Cruz.
Phyllis L. Munden conveyed her one-half interest in the property to Munden and Associates,
L.P., a Virginia limited partnership by deed dated December 5, 2000 recorded in the aforesaid
Clerk's Office in Deed Book 4336 at page 1446.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH (LITTLE ISLAND PARK), Floodplain Variance,
3820 Sandpiper Road (GPIN 2432811856). PRINCESS ANNE DISTRICT.
MEETING DATE: November 13, 2012
■ Background:
The Virginia Beach Department of Parks and Recreation, in coordination with the
Department of Public Works, is proposing a three-phase Capital Improvement Program
(CIP) project intended to increase parking capacity of the existing 600 -space parking lot,
while also enhancing safety, connectivity, and accessibility for pedestrians.
Phase 1 A of this project, the addition of a third lane along a portion of Sandpiper Road,
was completed in May 2012. Phases 1 B, 2, 3A, and 3B consist of improvements to the
parking lot. During construction plan review, it was determined that a Floodplain
Variance is required, as the entire site is within the Floodplain Subject to Special
Restrictions (Section 5B.5(c)). The applicant, therefore, is requesting a variance to
Section 5B.5(c) of the Site Plan Ordinance for Phases 1 B, 2, and 3B. Phase 3A is not
included with the variance request, as a portion of Phase 3A is currently owned by the
Commonwealth of Virginia, and at this time, conveyance of the parcel from the
Commonwealth to the City has not occurred.
■ Considerations:
Phase 1 B consists of a new site entrance and attendant booth and 133 new parking
spaces. These new spaces will add to the existing 600 parking spaces at the site. All
new parking spaces, along with the existing 600 -space parking lot that requires
replacement, are proposed to be constructed with a pervious paving system.
Phase 2 consists of a new bathhouse, renovation of a portion of the existing parking lot
(resulting in 288 parking spaces), and the replacement of the existing Public Works
maintenance area lot located at the south end of the park. The maintenance area will
have a separate access point on Sandpiper Road, which will reduce conflicts between
park users and the large equipment associated with the maintenance facility. Public
Works and Public Utilities use this lot as a staging area for sand and debris that is
removed from rights-of-way and other public spaces throughout the Sandbridge
community after a storm event.
Phase 3B consists of the renovation of the portion of the existing parking lot remaining
from Phase 2, resulting in 264 parking spaces.
The concept plan depicts drive aisles and the parking spaces constructed with a
pervious paving system, such as TurfstoneTM. These pavers are blocks that allow turf to
grow in the voids and permit rainwater to be filtered back into the soil naturally and
gradually. Through the design of the parking lot, stormwater will be infiltrated as much
City of Virginia Beach (Little Island Park)
Page 2 of 2
as possible; however, no stormwater management is required as the site's total
imperviousness is below the 16 percent threshold. As the parking lot will be almost
entirely pervious, any stormwater carrying toxins and sediment from the parking lot will
be infiltrated and filtered through the sandy soil. In addition, stormwater would have to
travel approximately 600 feet before it would ever enter either the Atlantic Ocean or
Back Bay. The park property across Sandpiper Road exists at elevation six feet, higher
than the parking lot by two feet. The parking lot actually sits in a hole, in a floodplain,
and is surrounded by higher elevations to the west (Sandpiper Road and Back Bay
marsh) and to the east (sand dunes, the beach and the Atlantic Ocean). Also,
according to the site engineer, water from Back Bay has never crossed Sandpiper Road
and flooded this site. Based on this fact and the elevations of the site, the parking lot
would likely only be impacted by floodwaters during an extreme storm event where the
Atlantic Ocean breaches the dune line. Finally, the Comprehensive Plan identifies Little
Island Park as a great amenity in need of updating and expansion and states that
improvements should be made using "sustainable solutions."
Due to the fact that the entire site is within the 100 -year floodplain, no on-site mitigation
is possible. Mitigation, however, is only necessary when flood storage is lost; the
proposed site improvements in this case will not result in the loss of flood storage. In
fact, the calculations indicate that the amount of "cut" to construct the improvements is
greater than the amount of "fill." In terms of the floodplain, this equates to no net loss of
floodplain storage as a result of the improvements.
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 11-0, to recommend approval of this request to the City Council with
the following condition:
When Phases 1 B, 2 and 3B are constructed, the parking lot shall be in substantial
conformance with the exhibit entitled "Little Island Parking Lot Improvements,
Proposed Conditions," prepared by LandStudio, PC, dated 8/1/12. A separate
Floodplain Variance will be required for the Phase 3A improvements, if a variance is
determined to be necessary prior to construction.
■ 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 N�4
City Manag V1, ,
PRINCESS ANNE City of Vii-ginia Bench
Little Island Park
$hlpps Bal+ 's .
A
Pi
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'Zwin9 CSWif.vMMMa. OJ:.n Flood Plain Variance
Sr.�.Prommb. er PUIIt Ov.rYYs
5
October 10, 2012 Public Hearing
APPLICANT & PROPERTY OWNER:
CITY OF VIRGINIA
BEACH /
DEPARTMENT OF
PARKS &
RECREATION
STAFF PLANNER: Carolyn A.K. Smith
REQUEST:
Floodplain Variance to renovate and expand the existing public parking lot at Little Island Park.
ADDRESS / DESCRIPTION: 3820 Sandpiper Road
GPIN:
ELECTION DISTRICT:
SITE SIZE:
AICUZ:
24328118560000
PRINCESS ANNE
122.05 acres
Less than 65 dB DNL
The Virginia Beach Department of Parks and Recreation, in SUMMARY OF REQUEST
coordination with the Department of Public Works, is proposing
a three-phase Capital Improvement Program (CIP) project to: increase parking capacity of a 600 -space
parking lot, pedestrian safety, connectivity and accessibility; and, to install a pervious paving system.
Phase 1A of this project, the addition of a third lane along a portion of Sandpiper Road, was completed in
May 2012. As Phases 1 B, 2 and 3A and 3B propose improvements outside of the right-of-way, it was
determined during construction plan review that a Floodplain Variance is required, as the entire site is
within the Floodplain Subject to Special Restrictions (Section 5B.5(c)). The current variance request
applies to Phases 1 B, 2, and 3B only.
Specifically, Phase 1 B consists of a new entrance and attendant booth and 133 new parking spaces.
These new spaces will add to the existing 600 parking spaces at the site. All new parking spaces, along
with the existing 600 -space parking lot that requires replacement, are proposed to be constructed with a
pervious paving system.
Phase 2 consists of a new bathhouse, a 288 -space renovated parking lot and the replacement of the
existing Public Works maintenance area lot located at the south end of the park. The maintenance area
is proposed with a separate entrance off of Sandpiper Road to reduce conflicts between park users and
large equipment. Public Works and Public Utilities use this lot as a staging area for sand and debris that
CITY OF VIRGINIA BEACH/PARKS & RECREATION
Agenda Item 5
Page 1
is removed from rights-of-way and other public spaces throughout the Sandbridge community after a
storm event.
Phase 3A consists of a renovated 344 -space parking lot. A portion of Phase 3A is currently owned by the
Commonwealth of Virginia, and at this time, the Commonwealth is not a party to this request.
Phase 3B consists of a renovated 264 -space parking lot.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Public parking lot for beach access to Sandbridge beach
SURROUNDING LAND North: . Multifamily dwellings / B-4 Business District
USE AND ZONING: South: . Back Bay National Wildlife Refuge / District
East: . Atlantic Ocean
West: • Sandpiper Road
Little Island Park
Back Bay National Wildlife Refuge
NATURAL RESOURCE AND The site is located within the Southern Watersheds Management Area
CULTURAL FEATURES: and within the 100 year floodplain. The existing improvements are
landward of the primary coastal sand dunes and no disturbance of these
regulated dunes is proposed. Across Sandpiper Road is Back Bay.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area —
Suburban Focus Area 6 — Sandbridge Community and contains policies to guide and protect the overall
character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area as well as
SFA 6. The Sandbridge community is a stable, low-density, single-family community. It is located on a barrier
island and sandbar between the Atlantic Ocean and Back Bay that extends from the Navy's Dam Neck Fleet
Combat Training Base on the north to False Cape State Park to the south. One of the recommendations for
SFA6 relevant to this request is "additional public parking and day use facilities should be provided to serve
day visitors."
The Virginia Beach Outdoors Plan, adopted November 18, 2008, and adopted by reference as part of the 2009
Comprehensive Plan, contains recommendations for the Courthouse Planning Area portion of the plan's
Central Section. Included is the Little Island Signature Park improvements with the recommendation to update
and implement the master plan for this park and provide low -impact and sustainable solutions to renovations
of its supporting infrastructure.
No impact to City services is anticipated.
IMPACT ON CITY SERVICES
CITY OF VIRGINIA BEACH/PARKS &,RECREATION
Agenda Item 5
Page 2
Section 5.13.8 of the Site Plan Ordinance states:
"No floodplain variance shall be granted by the Council unless it finds that:
1. Such variance will not create or result in unacceptable or prohibited increases in flood heights,
additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization
of the public.
2. The granting of such variance will not be detrimental to other property in the vicinity.
3. The circumstances giving rise to the variance application are not of a general or recurring nature.
4. Such circumstances arise from the physical character of the property or from the use or
development of adjacent property and not from the personal situation of the applicant.
5. The granting of such variance will not be in conflict with any ordinance or regulation of the city."
Section 513.8 (f) provides additional guidance in the evaluation of floodplain variance applications. The
Section notes, "No variance shall be granted by the Council unless the following performance standards
are met:
1. Filling shall be limited to the smallest volume and area possible.
2. Floodplain storage capacity shall be mitigated at a one-to-one ratio of storage capacity created
for area filled to ensure no net loss of storage occurs as result of filling.
3. All floodplain mitigation shall be located on the project site and shall be located contiguous to the
existing floodplain.
4. The general characteristics and functions of the floodplain shall not be adversely affected.
5. Wetlands protection and buffer area requirements set forth in section 7 of the Southern
Watersheds Management Ordinance (Appendix G) are met or a variance there from is granted."
EVALUATION AND RECOMMENDATION
As the entire site is within the 100 -year floodplain, no on-site mitigation is possible. However, mitigation is
only necessary when flood storage is lost and no reduction in storage is expected with this request. In
fact, the figures show that the amount of "cut" to construct the improvements is greater than the amount
of "fill." In terms of the floodplain, this equates to no net loss of floodplain storage as a result of the
improvements. The concept plan depicts drive aisles and the parking spaces constructed with a pervious
paving system, such as TurfstoneTM. These pavers are blocks that allow turf to grow in the voids and
permit rainwater to be filtered back into the soil naturally and gradually. Through the design of the parking
lot, stormwater will be infiltrated as much as possible; however, no stormwater management is required
as the site's total imperviousness is below the 16 percent threshold. As the parking lot will be almost
entirely pervious, any stormwater carrying toxins and sediment from the parking lot will be infiltrated and
filtered through the sandy soil. In addition, stormwater would have to travel approximately 600 feet before
it would ever enter either the Atlantic Ocean or Back Bay. The park property across Sandpiper Road
exists at elevation six feet, higher than the parking lot by two feet. The parking lot actually sits in a hole, in
a floodplain, and is surrounded by higher elevations to the west (Sandpiper Road and Back Bay marsh)
and to the east (sand dunes, the beach and the Atlantic Ocean). Also, according to the site engineer,
water from Back Bay has never crossed Sandpiper Road and flooded this site. Based on this fact and the
elevations of the site, the parking lot would likely only be impacted by floodwaters during an extreme
storm event where the Atlantic Ocean breaches the dune line. Finally, the Comprehensive Plan identifies
Little Island Park as a great amenity in need of updating and expansion and states that improvements
should be made using "sustainable solutions."
CITY OF VIRGINIA BEACH/PARKS & RECREATION
Agenda Item 5
Page 3
Due to the design of the parking lot, the surrounding elevations and topography, the soil composition of
the site, and the distant possibility of floodwaters reaching the parking lot, staff recommends approval of
this variance request with the condition below.
CONDITIONS
When Phases 1 B, 2 and 313 are constructed, the parking lot shall be in substantial conformance with
the exhibit entitled "Little Island Parking Lot Improvements, Proposed Conditions," prepared by
LandStudio, PC, dated 8/1/12. A separate Floodplain Variance will be required for the Phase 3A
improvements, if a variance is determined to be necessary prior to construction.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
CITY OF VIRGINIA BEACH/PARKS &;RECREATION
Agenda Item 5
Page 4
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CITY OF VIRGINIA BEACH/PARKS & RECREATION
Agenda Item 5
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CITY OF VIRGINIA BEACH/PARKS & RECREATION
Agenda Item 5
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PRINCESS ANNE
City of Virainia�Beeach
i%iap v,r - r.,lv Llllll 171011/11 1 "A 11
Shipps Bay
0
'Zoning with Conditions:Profters. Open
Space Promotion or POH•2 Overlays
P1
P1
Flood Plain Variance
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
05/11/04
MOD
Granted
11/28/00
CUP (community boat dock)
Granted
07/09/96
CUP (community boat dock)
Granted
05/07/66
CUP (motel, restaurant, camp, marina, boat
Granted
facility)
2
04/08/85
CUP recreational boating facility)
Granted
CITY OF VIRGINIA BEACH/PARKS & RECREATION
Agenda Item 5
Page 10
-4—
I
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
Ftheapplicant is a corporation, partnership, firm, business, or other unincorporated
complete the following:
plicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
City of Virginia Beach City Council
Commonwealth of Virginia
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' 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
Does an official or em Ioyee of the City of Virginia Beach have an interest in the
subject land? Yes No 0
If yes, what is the name of the official or employee and the nature of their interest?
Floodplain Variance Application
Page 10 of 12
DISCLOSURE STATEMENT
CITY OF VIRGINIA BEACH/PARKS & RECREATION
Agenda Item 5
Page 11
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
' "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation_" See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certi that the information contained herein is true and accurate.
I understand that, upon recot of notification (postcard) that the application has been scheduled for
public hearing, I am respo sible for obtaining and posting the required sign on the subject property at
least 30 days prior to thfiKscheduled public hearing according to the instructions in this package. The
undersigned also con nts to entry upon the subject property by employees of the Department of
Planning to photogr and view the site for purposes of processing and evaluating this application.
Property Qwn�r's Signature (if diffemht than applicant)
Michael J. Kalvort
Name
James A• 5f oQF
Print Name
Floodplain Variance Application
Page 11 of 12
DISCLOSURE STATEMENT
CITY OF VIRGINIA BEACH/PARKS & RECREAT-ON
Agenda Item 5
Page 12
Item #5
City of Virginia Beach
(Little Island Park)
Floodplain Variance
3820 Sandpiper Road
District 7
Princess Anne
October 10, 2012
CONSENT
An application of the City of Virginia Beach (Little Island Park) for a floodplain variance to
renovate and expand the existing public parking lot at Little Island Park on property
located at 3820 Sandpiper Road, District 7, Princess Anne. GPIN: 24328118560000.
The Virginia Beach Department of Parks and Recreation, in coordination with the
Department of Public Works, is proposing a three-phase Capital Improvement Program
(CIP) project to: increase parking capacity of a 600 -space parking lot, pedestrian safety,
connectivity and accessibility; and, to install a pervious paving system. Phase 1A of this
project, the addition of a third lane along a portion of Sandpiper Road, was completed in
May 2012. As Phases 113, 2 and 3A and 3B propose improvements outside of the right-of-
way, it was determined during construction plan review that a Floodplain Variance is
required, as the entire site is within the Floodplain Subject to Special Restrictions (Section
513.5(c)). The current variance request applies to Phases 113, 2, and 3B only.
Specifically, Phase 1B consists of a new entrance and attendant booth and 133 new parking
spaces. These new spaces will add to the existing 600 parking spaces at the site. All new
parking spaces, along with the existing 600 -space parking lot that requires replacement,
are proposed to be constructed with a pervious paving system.
Phase 2 consists of a new bathhouse, a 288 -space renovated parking lot and the
replacement of the existing Public Works maintenance area lot located at the south end of
the park. The maintenance area is proposed with a separate entrance off of Sandpiper
Road to reduce conflicts between park users and large equipment. Public Works and
Public Utilities use this lot as a staging area for sand and debris that is removed from
rights-of-way and other public spaces throughout the Sandbridge community after a storm
event.
Phase 3A consists of a renovated 344 -space parking lot. A portion of Phase 3A is currently
owned by the Commonwealth of Virginia, and at this time, the Commonwealth is not a
party to this request.
Phase 3B consists of a renovated 264 -space parking lot.
NOTE. Further conditions may be required during the administration of applicable City
Ordinances. Plans submitted with this rezoning application may require revision during
detailed site plan review to meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within
the Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
Item #5
City of Virginia Beach
(Little Island Park)
Page 2
AYE 11
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUCINSKI
AYE
RUSSO
AYE
THORNTON
AYE
NAY 0 ABS 0 ABSENT 0
By a vote of 11-0, the Commission approved item 5.
Brian Solis appeared before the Commission on behalf of the applicant.
L. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY POLICY AND MANAGEMENT TEAM (CSA)
COMMUNITY SERVICES BOARD - CSB
EASTERN VIRGINIA HEALTH SYSTEMS AGENCY
GREEN RIBBON COMMITTEE
HISTORIC PRESERVATON COMMISSION
HISTORICAL REVIEW BOARD
RESORT ADVISORY COMMISSION
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
PUBLIC COMMENT
Non -Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
******************************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 3854303
2012 CITY HOLIDAYS
Thursday, November 22
Friday, November 23
Monday, December 24
day)
Tuesday, December 25
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (half -
Christmas Day
CITY OF VIRGINIA BEACH
CITY COUNCIL BRIEFINGS
Dr, Asad Khattack,
SUMMARY OF COUNCIL ACTIONS
Director
DATE: 10/23/2012 PAGE: 1
A.
ODU CENTER FOR INNOVATIVE
Dr. Mike Robinson,
D
S
TRANSPORTATION SOLUTIONS
Associate Director
Dr. Mecit Cetin,
AGENDA
E
D
H
E
W
ITEM # SUBJECT MOTION VOTE
D
S
I
E
J
S
U
I
A
T
E
D
N
O
M
S
H
L
W
V
E
Z
Y
L
N
O
O
R
S
O
1
P
E
E
E
E
S
M
I
O
O
S
H
L
R
Y
S
S
S
N
N
D
I.
CITY COUNCIL BRIEFINGS
Dr, Asad Khattack,
Director
A.
ODU CENTER FOR INNOVATIVE
Dr. Mike Robinson,
TRANSPORTATION SOLUTIONS
Associate Director
Dr. Mecit Cetin,
Associate Director
B.
CHMURA ECONOMICS/ANALYTICS
Warren Harris,
REPORT/NBA FRANCHISE
Director Economic
Development
Xiaobing Shuai,
Senior Economist,
Chmura Economics
and Analytics
C.
MINORITY BUSINESS COUNCIL ANNUAL
Patricia A.
REPORT
Phillips, Finance
Director
Wanda Cooper,
Chair, MBC
I1111VIVI
CERTIFICATION OF CLOSED SESSION
CERTIFIED
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
V -E.
F.
MINUTES — October 9, 2012
APPROVED
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
G/H-1
MAYOR'S PRESENTATION:
I. VETERANS DAY NATIONAL
Priscilla Beede,
COMMITTEE — VIRGINIA BEACH
Parade
REGIONAL SITE FOR VETERANS DAY 2012
Coordinator
1/1
PUBLIC COMMENTS
Two (2) Speakers
1. 2013 LEGISLATIVE PACKAGE
J/1
PUBLIC HEARINGS:
1. SALE OF EXCESS CITY -OWNED
No Speakers
PROPERTY/405 Fountain Drive
2.
2. EMERGENCY MEDICAL RESPONSE
No speakers
AMBULANCE SERVICE
CITY OF VIRGINIA BEACH
ORDINANCES/RESOLUTIONS
SUMMARY OF COUNCIL ACTIONS
Ordinances to AMEND City Code:
DATE: 10/23/2012 PAGE: 2
a. §§16-44/§16-54 net appreciation/re-sale of
ADOPTED BY
8-2
Y
N
Y
Y
D
Y
N
Y
Y
A
S
Workforce Housing units
CONSENT
AGENDA
E
D
H
E
W
ITEM # SUBJECT MOTION VOTE
D
S
I
Y
E
J
Y
S
U
I
Y
Y
A
T
E
D
N
O
M
S
H
L
W
V
E
Z
Y
L
N
O
O
R
S
O
Y
I
P
E
E
E
E
S
M
I
O
O
S
H
L
R
Y
S
S
S
N
N
D
K/ 1
ORDINANCES/RESOLUTIONS
Ordinances to AMEND City Code:
a. §§16-44/§16-54 net appreciation/re-sale of
ADOPTED BY
8-2
Y
N
Y
Y
Y
Y
N
Y
Y
A
Y
Workforce Housing units
CONSENT
b. §4-1 re special event permits for horseback
ADOPTED BY
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
riding
CONSENT
c. REPEAL §§7-21, 7-22,7-24,7-25,7-29,7-30/
ADOPTED BY
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
7-31 re wheeled devices/AMEND §7-59.5 re
CONSENT
various devices at Resort Area/Boardwalk/Town
Center
2.
CITY/SCHOOL REVENUE SHARING
ADOPTED
7-2
Y
N
Y
Y
Y
Y
N
A
Y
A
Y
FORMULA:
a. RESOLUTION to AUTHORIZE re Revenue
Sharing Formula Policy
b. ORDINANCE to AMEND FY 2013 Real
Estate Tax Levy
3.
ORDINANCE to AUTHORIZE
ADOPTED BY
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
TERMINATION of Purchase Agreement with
CONSENT
Tailwind Develop, L.L.C/ SOLICIT
proposals re hotel development at Princess
Anne Road/South Independence Boulevard
4.
ORDINANCE TO DECLARE/property at 405
ADOPTED BY
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
Fountain Drive/2 adjoining lots EXCESS of the
CONSENT
City's needs/ AUTHORIZE Sale of properties
to Nicholson Properties, LLC (DISTRICT 6 —
BEACH)
5.
RESOLUTIONS to ESTABLISH:
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
a. 2040 Vision to Action Community Coalition
ADOPTED BY
CONSENT
Commission
b. Emergency Medical Response, LLC/
ADOPTED BY
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
AUTHORIZE annual EMS permit for private
CONSENT
services
CITY OF VIRGINIA BEACH
ORDINANCES to APPROPRIATE and
SUMMARY OF COUNCIL ACTIONS
TRANSFER:
DATE: 10/23/2012 PAGE: 3
a. Burton SGA Funds
ADOPTED BY
10-0
Y
Y
Y
Y
D
Y
Y
Y
Y
A
S
CONSENT
AGENDA
E
D
H
E
W
ITEM # SUBJECT MOTION VOTE
D
S
I
E
J
S
U
I
A
T
E
D
N
O
M
S
H
L
W
V
E
Z
Y
L
N
O
O
R
S
O
I
P
E
E
E
E
S
M
1
O
O
S
H
L
R
Y
S
S
S
N
N
D
6.
ORDINANCES to APPROPRIATE and
TRANSFER:
a. Burton SGA Funds
ADOPTED BY
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
CONSENT
1. 330,000 — Newtown SGA
2. 335,000— Pembroke SGA
3. 335,000 — Rosemont SGA
4. 366,628 — Miscellaneous Revenues
5. 1,133,372 — Various Closed Capital Projects
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
b. $287,000 DEA Shared Asset to purchase
ADOPTED BY
equipment/services
CONSENT
c. $ 95,000 to Human Services re Community
ADOPTED BY
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
Trust Grant re a Supportive Living residence at
CONSENT
10-0
Y
3705 Gresham Court (DISTRICT 3 — ROSE
HALL)
L/I.
RANDEE MARIE HOLMES/THOMAS/
MODIFIED BY
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
RANDEE HOLMES for Modification of
CONSENT
Condition I (approved 8/13/12) re child day
care at 1952 Blue Knob Road
DISTRICT 1-CENTERVILLE
2.
DIANE L. McEWEN CUP re child day care at
APPROVED/
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
616 Connie Way
CONDITIONED
BY CONSENT
DISTRICT 2 — KEMPSVILLE
3.
AMANDA JEANS/THOMAS J./ AMANDA I.
DENIED
9-0
Y
Y
Y
Y
Y
Y
Y
A
Y
A
Y
JEANS CUP re residential kennel at 4677
Ardmore Lane
DISTRICT 1 - CENTERVILLE
M.
APPOINTMENTS
ppointed:2yr
9-0
Y
Y
Y
Y
Y
Y
Y
A
Y
A
Y
term
BOARD OF BUILDING CODE APPEALS
11/1/12-12/31/14
Griffith Ian
rinkley,
lumbing/
echanical
ivision
COMMUNITY SERVICES BOARD — CSB
SCHEDULED
9-0
B
Y
C
O
N
S
E
N
S
U
S
HUMAN RIGHTS COMMISSION
Appointed: 3
9-0
Y
Y
Y
Y
Y
Y
Y
A
Y
A
Y
year term
4/1/12-3/31/15
Sylvia Nery-
Strtckland
Zachery Nissen
CITY OF VIRGINIA BEACH
PUBLIC LIBRARY BOARD
Appointed: 3 yr
9-0
Y
Y
Y
Y
Y
Y
Y
A
SUMMARY OF COUNCIL ACTIONS
A
Y
term
DATE: 10/23/2012 PAGE: 4
Unexpired term
D
S
thru 8/31/13
AGENDA
E
D
H
E
W
ITEM # SUBJECT MOTION VOTE
D
S
I
E
J
S
U
I
A
T
E
D
N
O
M
S
H
L
W
V
E
Z
Y
L
N
O
O
R
S
O
I
P
E
E
E
E
S
M
1
O
O
S
H
L
R
Y
S
S
S
N
N
D
2012 CITY HOLIDAYS
Monday, November 12
Thursday, November 22
Friday, November 23
Monday, December 24
Tuesday, December 25
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (half-day)
Christmas Day
PUBLIC LIBRARY BOARD
Appointed: 3 yr
9-0
Y
Y
Y
Y
Y
Y
Y
A
Y
A
Y
term
Unexpired term
thru 8/31/13
plus 3 years
9/1/13-8/31/16
Kelly Miller,
School Library
Coordinator
WORKHOUSE HOUSING ADVISORY BOARD
Reappointed: 4
9-0
Y
Y
Y
Y
Y
Y
Y
A
Y
A
Y
yr term
1/31/12-9/30/16
Gary F. Arnold
Robert S.Miller
Ronald Ripley
KimberleA.Rtzzo
2040 VISION TO ACTION COMMUNITY
Appointed:NoTerm
9-0
Y
Y
Y
Y
Y
Y
Y
A
Y
A
Y
OALITION
Effective 10-23-12
George Allen
Jason Bamey
Edwina Bergano
Daniel Edwards
Naomi Estaris
Andres Fine
Ed Hamm
Donald Horsey
Aubrey Layne
Peggy Layne
Martha McClees
Gary McCollum,
Co -Chair
John Malon,
Co -Chair
Bert Reese
Candace Slade
Tim Stiffler
Joe Voorhees
LNIO/PADJOURNMENT
7:10 P.M.
2012 CITY HOLIDAYS
Monday, November 12
Thursday, November 22
Friday, November 23
Monday, December 24
Tuesday, December 25
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (half-day)
Christmas Day