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NOVEMBER 27, 2012 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VI('L' MAYOR LOUIS R. JONES, Bayside - District a GLIiNN R. DAVIS, Rase Hall - District 3 WILLIAM R. DeST h'PH, Al -Large HARRY E. DIEZEL, Kempsville -District 2 ROBERT M. DYER, Centerville - District I BARBARA M. HENT EY, 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 ATTORNEY MARK D. STILES CITY ASSESSOR JAWALD D. BANAGAN CITYAUDITOR LYNDONS. REMIAS CITY CLERK RUT H HODGES hRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 27 NOVEMBER 2012 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE. (75 7) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFING - Conference Room - 3:OOPM A. MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAC) ANNUAL REPORT Rear Admiral Richard Dunleavy, Chair I1. CITY MANAGER'S BRIEFINGS A. ELECTRONIC TOWN HALL Catheryn Whitesell, Director — Management Services Kevin Fairly, Information Services Administrator — Communications and Information Technology B. POTENETIAL NEW BUSINESS OPPORTUNITIES RELATED TO THE ARENA Al Hutchinson, Vice President — Convention Sales and Marketing, Convention and Visitors Bureau III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Father James E. Parke Church of the Holy Apostles 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. PUBLIC HEARING 1. Exchange of Excess Property West Neck Road I. PUBLIC COMMENT 1. YMCA at Princess Anne Commons J. ORDINANCES/RESOLUTIONS November 13, 2012 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Modification to the Term Sheet between the City of Virginia Beach and the YMCA of South Hampton Roads 2. Ordinance to AUTHORIZE the use of all reasonable efforts to SUPPORT the financing and development of the Tide Light Rail into Virginia Beach 3. Resolution to SUPPORT the City's application for the FY 2013-14 Virginia Department of Transportation (VDOT) Revenue Sharing Program for Centerville Turnpike — Phase II 4. Resolution to REFER to the Planning Commission an Ordinance to AMEND Sections of the City Zoning Ordinance (CZO), Zoning District Boundaries and Zoning District Classifications of property 5. Ordinances to ACCEPT and APPROPRIATE: a. $1,600,000 from the U.S. Federal Emergency Management Administration (FEMA) to the Operating Budget of the Fire Department re deployment of the Virginia Task Force 2 for Hurricane Sandy b. $935,000 from the Tourism Advertising Program Special Revenue Fund to the Operating Budget of the Convention and Visitors Bureau re advertising and marketing C. $294,192 from the State Compensation Board to the Clerk of the Circuit Court's Technology Trust Fund for technology related expenses d. $19,600 from the Virginia Department of Environmental Quality (DEQ) to Public Works and Parks and Recreation to encourage recycling and litter abatement e. $12,962 from the U.S. Department of Justice to the Operating Budgets of the Police and the Sheriff re bullet proof vests f. $12,024 from the Sheriff's Special Revenue Fund to the Operating Budget of the Sheriff s Office re a contribution to the Supplemental Retirement Plan 6. Ordinance to TRANSFER $162,315 within the School's FY 2012-13 Operating Budget: a. $148,873 from Instruction to Technology 106 b. $ 5,094 from Administration to Operations and Maintenance C. $ 8,348 from Instruction to Operations and Maintenance K. PLANNING Application of MOUNT OLYMPUS FITNESS, LLC/GREAT NECK SQUARE SHOPPING CENTER, LLC for a Conditional Use Permit re indoor commercial recreation / gymnasium at 2116 Great Neck Square Shopping Center DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Applications of the CITY OF VIRGINIA BEACH, DISTRICT 4 - BAYSIDE a. Street Closure for Lake Avenue and Oak Street and portions of Locust Crescent and Ellis Avenue RECOMMENDATION APPROVAL b. Pleasure House Point Conditional Change of Zoning from PDH -1 Planned Unit Development to P-1 Preservation at 3957 Marlin Bay Drive RECOMMENDATION 01111 K. 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 HISTORIC PRESERVATON COMMISSION HISTORICAL REVIEW BOARD PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL SESSIONS December 2012 December 4 Briefing, Informal, Formal 6:00 P.M. Open Dialogue December Il Briefing, Informal, Formal 6:00 P.M. 2012 CITYHOLIDAYS Monday, December 24 Christmas Eve (half-day) Tuesday, December 25 Christmas Day Agenda 11/27/2012/gw I. CITY COUNCIL BRIEFING - Conference Room - 3:OOPM A. MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAL) ANNUAL REPORT Rear Admiral Richard Dunleavy, Chair II. CITY MANAGER'S BRIEFINGS A. ELECTRONIC TOWN HALL Catheryn Whitesell, Director — Management Services Kevin Fairly, Information Services Administrator — Communications and Information Technology B. POTENETIAL NEW BUSINESS OPPORTUNITIES RELATED TO THE ARENA Al Hutchinson, Vice President — Convention Sales and Marketing, Convention and Visitors Bureau III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Father James E. Parke Church of the Holy Apostles 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 November 13, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING Exchange of Excess Property West Neck Road PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday, November 27, 2012, at 6:00 p.m., In the Council Chamber, City Hall - Bldg. 1, Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public input to determine whether the following City property should be declared "Excess of the City's needs" and exchanged or otherwise conveyed: Approximately 4,668 sq. ft. (.075 acre) parcel located along West Neck Road (GPIN 2403-04- 8740) located at the front of 3000 West Neck Road Any questions concerning this matter should be directed to the Public Works Real Estate Office, Municipal Center - Building #2, Room 392, phone number (757) 385-4161. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing Impaired, call TDD 711 (TDD - Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon: Nov 18,2012 PUBLIC COMMENT YMCA at Princess Anne Commons J. ORDINANCES/RESOLUTIONS Ordinance to AUTHORIZE the City Manager to EXECUTE a Modification to the Term Sheet between the City of Virginia Beach and the YMCA of South Hampton Roads 2. Ordinance to AUTHORIZE the use of all reasonable efforts to SUPPORT the financing and development of the Tide Light Rail into Virginia Beach Resolution to SUPPORT the City's application for the FY 2013-14 Virginia Department of Transportation (VDOT) Revenue Sharing Program for Centerville Turnpike — Phase II 4. Resolution to REFER to the Planning Commission an Ordinance to AMEND Sections of the City Zoning Ordinance (CZO), Zoning District Boundaries and Zoning District Classifications of property 5. Ordinances to ACCEPT and APPROPRIATE: a. $1,600,000 from the U.S. Federal Emergency Management Administration (FEMA) to the Operating Budget of the Fire Department re deployment of the Virginia Task Force 2 for Hurricane Sandy b. $935,000 from the Tourism Advertising Program Special Revenue Fund to the Operating Budget of the Convention and Visitors Bureau re advertising and marketing $294,192 from the State Compensation Board to the Clerk of the Circuit Court's Technology Trust Fund for technology related expenses d. $19,600 from the Virginia Department of Environmental Quality (DEQ) to Public Works and Parks and Recreation to encourage recycling and litter abatement e. $12,962 from the U.S. Department of Justice to the Operating Budgets of the Police and the Sheriff re bullet proof vests f. $12,024 from the Sheriff's Special Revenue Fund to the Operating Budget of the Sheriff s Office re a contribution to the Supplemental Retirement Plan 6. Ordinance to TRANSFER $162,315 within the School's FY 2012-13 Operating Budget: a. $148,873 from Instruction to Technology 106 b. $ 5,094 from Administration to Operations and Maintenance C. $ 8,348 from Instruction to Operations and Maintenance CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing Modification to the Term Sheet Between the City of Virginia Beach and YMCA of South Hampton Roads MEETING DATE: November 27, 2012 ■ Background: The City of Virginia Beach (the "City") owns two parcels of land containing approximately 10.35 acres located at the intersection of Dam Neck Road and Landstown Road (the "Property"). The City and the YMCA of South Hampton Roads (the "YMCA") have negotiated terms and conditions for the construction and operation of a community center offering recreational and educational programs to the community on the Property (the "Project"). On June 14, 2011, City Council approved a term sheet setting forth each party's obligations and responsibilities in connection with the Project, which includes constructing a 40,000 - 45,000 sq. ft. facility and a 50 -meter competition pool (the "Term Sheet"). The Term Sheet requires construction of the Project to commence on or before December 1, 2012. Prior to commencement of construction or the transfer of property, a final development agreement based on the Term Sheet will be brought before City Council for approval. ■ Considerations: The YMCA has requested to modify the Term Sheet to extend the deadline for commencement of construction for six months, from December 1, 2012 until June 1, 2013. No other modifications to the Term Sheet have been requested by either party. ■ Public Information: Advertisement of City Council Agenda. ■ Alternatives: Approval of YMCA's request to modify the Term Sheet to extend the construction start date for six months, or deny the request. ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Dept. of Parks & Recreation City Manager: 1 AN ORDINANCE AUTHORIZING MODIFICATION 2 TO THE TERMS SHEET BETWEEN THE CITY OF 3 VIRGINIA BEACH AND YMCA OF SOUTH 4 HAMPTON ROADS 5 6 WHEREAS, the City of Virginia Beach (the "City") owns two parcels of land 7 containing approximately 10.35 acres located at the intersection of Dam Neck Road and 8 Landstown Road (GPIN 1484-79-2434 and 1484-79-2884) (the "Property"), 9 10 WHEREAS, YMCA of South Hampton Roads ("YMCA") desires to construct and 11 operate a community facility offering recreational and educational programs to serve the 12 community, including a 40,000 - 45,000 sq. ft. facility and a 50 -meter competition pool 13 on the Property (the "Project"); 14 15 WHEREAS, the City and the YMCA came to a shared understanding regarding 16 each party's obligations and responsibilities in connection with the Project, which are set 17 forth in a Term Sheet dated June 1, 2011 (the "Term Sheet"); 18 19 WHEREAS, on June 14, 2011, City Council approved the Term Sheet by 20 Ordinance ORD -3183F. The Term Sheet contemplates construction of the Project to 21 start on or before December 1, 2012; 22 23 WHEREAS, the YMCA has requested a 6 -month extension to commence 24 construction of the Project from December 1, 2012 to June 1, 2013; and 25 26 WHEREAS, the City Council is of the opinion that modifying the Term Sheet is 27 not detrimental to the interests of the City of Virginia Beach. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a Modification to the Term 33 Sheet between the City of Virginia Beach and the YMCA of South Hampton Roads 34 extending the deadline to start construction of the Project for six months from December 35 1, 2012 until June 1, 2013, as set forth in the Summary of Terms attached hereto as 36 Exhibit A, and made a part hereof, and such other terms, conditions and modifications 37 deemed necessary and sufficient to the City Manager and in a form deemed satisfactory 38 by the City Attorney. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 41 7 2012. APPROVED AS TO LEGAL SUFFICIENCY City Attorney CA12411 CwbgM com\DFSI\Applications\CityLawProd\cycom32\Wpdocs\D0I3\PO17\00046576. DOC R-1 November 19, 2012 APPROVED AS TO/CONTENT Degtlaf�arks & Recreation FXHIRIT A SUMMARY OF TERMS An Ordinance Authorizing Modification to the Term Sheet Between the City of Virginia Beach and YMCA of South Hampton Roads PROPERTY OWNER: City of Virginia Beach (the "City") DEVELOPER: YMCA of South Hampton Roads ("YMCA") PROPERTY: 10.35 acres of City -owned land located at the intersection of Dam Neck Road and Landstown Road (GPINs: 1484-79-2434 and 1484- 79-2884) EXISTING TERMS: • City to dedicate a portion of the Property to the YMCA "as -is" and subject to certain restrictions. • YMCA to construct and operate a facility for recreational and educational programs and services to the community (the "Project"). • Project to include a 40,000 - 45,000 sq. ft. community, facility, and a 50 -meter outdoor competition pool covered by an architectural membrane. • Project design and construction to be consistent with the Princess Anne commons Design Guidelines. • All Project design and construction plans must be reviewed and approved by the City. • Project construction to start on or before December 1, 2012. TERMS MODIFIED: • Extend start date for construction of the Project to June 1, 2013. • All other terms, conditions and obligations set forth in the Term Sheet dated June 1, 2011 remain unchanged. r ��Q-�••e �Ac.hL� � ti3 u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving the Use of All Reasonable Efforts to Support the Financing and Development of the Tide Light Rail into Virginia Beach MEETING DATE: November 27, 2012 ■ Background: On April 24, 2012, City Council adopted a resolution requesting the circuit court to order that a referendum election be held on November 6, 2012, on the question of whether the City Council should adopt an ordinance approving the use of all reasonable efforts to support the financing and development of The Tide light rail into Virginia Beach. The court subsequently ordered the referendum election, and on November 6, 2012, 62.77% of the votes cast on the referendum question were in favor of City Council adopting the ordinance. ■ Considerations: By adopting this ordinance, City Council would approve the use of all reasonable efforts to support the financing and development of The Tide light rail into Virginia Beach. This ordinance is identical to the one attached to the April 24, 2012 resolution, except that the label "Exhibit A" has been removed. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance. Requested by Mayor Sessoms 1 AN ORDINANCE APPROVING THE USE OF ALL 2 REASONABLE EFFORTS TO SUPPORT THE FINANCING 3 AND DEVELOPMENT OF THE TIDE LIGHT RAIL INTO 4 VIRGINIA BEACH 5 6 WHEREAS, a majority of the qualified voters of the City of Virginia Beach who 7 voted at an advisory referendum held on November 6, 2012, expressed support for City 8 Council's adoption of an ordinance approving the use of all reasonable efforts to support 9 the financing and development of The Tide light rail into Virginia Beach; and 10 11 WHEREAS, further actions required to implement the extension of The Tide light 12 rail system into Virginia Beach will be separately considered by this Council such as the 13 expenditure of City funds or the disposition of City -owned property. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That City Council hereby approves the use of all reasonable efforts to support the 19 financing and development of The Tide light rail into Virginia Beach. 20 21 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 22 of .2012. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12243 R-2 April 5, 2012 tC�` �tiy J 'mow: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's Application for the FY 2013-14 Virginia Department of Transportation (VDOT) Revenue Sharing Program MEETING DATE: November 27, 2012 ■ Background: The General Assembly continued the VDOT Revenue Sharing Program for FY 13-14. The Revenue Sharing Program is intended to provide funding for immediately needed improvements or to supplement funding for existing projects. This program provides VDOT funding for a 50/50 match up to $10 million. The City has identified Centerville Turnpike Phase II (CIP 2-411) as a candidate project for this program and proposes requesting the full $10 million from VDOT for this project. This project is currently in the City's Capital Improvement Program and in VDOT's Six -Year Improvement Program. Centerville Turnpike - Phase II includes construction of a four -lane divided roadway within a 130 foot right-of-way from Indian River Road to Kempsville Road, a distance of 1.85 miles. Improvements will be made at the Indian River Road intersection, including triple left turn lanes onto Indian River Road from Centerville Turnpike. In addition, this project will include sidewalk, on -street bicycle facilities, and landscaping. This project will address congestion in the Centerville area. The existing two lane roadway carries 20,430 vehicles per day (2012) with a capacity of 12,500 vehicles. This roadway has a projected volume of 43,000 vehicles by the year 2034. This corridor is ranked #3 out of 60 in the 2011 Technical Ranking of Congested Roadway Segments list. The Centerville Turnpike - Phase II project is currently scheduled to go to construction in June 2017; however, with the revenue sharing funding, the construction start could be advanced to June 2015. The total project cost estimate is approximately $31 million. ■ Considerations: The Revenue Sharing Program provides that localities which contribute a share equal to the matching requirement be given higher priority over other localities. The City already has sufficient local funds available in the project that can be used to satisfy our required match. With the additional funding, the City would be able to advance construction by two years. ■ Public Information: Public information will be handled through the normal Council Agenda process. ■ Alternatives: Without the revenue sharing funding from VDOT, the project would remain on the current schedule, which initiates construction at the end of FY 2016-17. ■ Recommendations: Adopt the resolution to apply for $10 million of matching funds from VDOT under the Revenue Sharing Program and authorize the City Manager to enter into any necessary agreements for project development and construction. ■ Attachments: Map, Resolution Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manage • L<1)6K-4- *Ml I 1 A RESOLUTION TO SUPPORT THE CITY'S APPLICATION 2 FOR THE FY 2013-14 VIRGINIA DEPARTMENT OF 3 TRANSPORTATION REVENUE SHARING PROGRAM 4 5 WHEREAS, the City of Virginia Beach is eligible to submit applications for up to 6 $10,000,000 through the Virginia Department of Transportation Fiscal Year 2013-14 7 Revenue Sharing Program; and 8 9 WHEREAS, the City's highest priority improvements that meet the eligibility for 10 funding are part of Project # 2-411 — Centerville Turnpike - Phase II. 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That the City of Virginia Beach City Council hereby supports an 16 application for up to $10,000,000 through the Virginia Department of Transportation 17 Revenue Sharing Program for CIP #2-411 — Centerville Turnpike - Phase II; 18 19 2. That the required matching funds will be provided from the allocation of 20 local funding within this project; and 21 22 3. That the City Manager is hereby authorized to execute on behalf of the 23 City of Virginia Beach all necessary project agreements for project development and 24 construction. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services orn s Office CA12477 R-1 November 14, 2012 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Referring to the Planning Commission an Ordinance to Amend Section 107 of the City Zoning Ordinance Pertaining to Amendments to the City Zoning Ordinance, Zoning District Boundaries, and Zoning District Classifications of Property. MEETING DATE: November 27, 2012 ■ Background: The ordinance referred to the Planning Commission by this resolution pertains to the requirements for amending the City Zoning Ordinance including the ability to withdraw a petition, public notice by both Planning Commission and City Council, reconsideration, and the requirements and procedure for proffers. The ordinance clarifies many requirements and procedures. ■ Considerations: The ordinance will clarify the procedures for amendments to the City Zoning Ordinance. This resolution will refer the ordinance to the Planning Commission for its comments and recommendation. ■ Attachments: Resolution, Ordinance Recommended Action: Adopt Resolution Submitting Department/Agency: Planning City Manage • v , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 A RESOLUTION REFERRING TO THE PLANNING COMMISSION AN ORDINANCE TO AMEND SECTION 107 OF THE CITY ZONING ORDINANCE PERTAINING TO AMENDMENTS TO THE CITY ZONING ORDINANCE, ZONING DISTRICT BOUNDARIES, AND ZONING DISTRICT CLASSIFICATIONS OF PROPERTY WHEREAS, the public necessity, convenience, general welfare, and good zoning practice so require; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the above -entitled ordinance, a copy of which is attached, is hereby referred to the Planning Commission for its consideration and recommendation. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of 12012. APPROVED AS TO LEGAL SUFF CIENCY: �&4� lqi City Attorney's Office CA12478 R-2 November 15, 2012 1 2 AN ORDINANCE TO AMEND SECTION 107 OF THE 3 CITY ZONING ORDINANCE, PERTAINING TO 4 AMENDMENTS TO THE CITY ZONING 5 ORDINANCE, ZONING DISTRICT BOUNDARIES, 6 AND ZONING DISTRICT CLASSIFICATIONS OF 7 PROPERTY 8 9 Section Amended: City Zoning Ordinance 107 10 11 WHEREAS, the public necessity, convenience, general welfare, and good zoning 12 practice so require; 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 That Section 107 of the City Zoning Ordinance, pertaining to amendments to the City. 16 Zoning Ordinance, zoning district boundaries, and zoning district classifications of property, is 17 hereby amended and reordained, to read as follows: 18 19 ARTICLE 1. GENERAL PROVISIONS 20 21 Sec. 107. Amendments. 22 (a) Initiation. Whenever the public necessity, convenience, general welfare, or good 23 zoning practice requires, the city council may by ordinance, amend, supplement, or change the 24 regulations, district boundaries, or zoning district classifications of property. Any such 25 amendment action may be initiated by resolution of the city council, or by motion of the 26 planning commission, or, where a change of the zoning district classification of property is 27 sought, by petition of the owner, contract purchaser with the owner's written consent, or the 28 owner's duly authorized agent therefor, of the property which is the subject of the proposed 29 ZE)RiRg-mai ameRdmeRt change of zoning district classification, addressed to the city council. 30 In the latter case, the petition shall be addressed to city council but shall be filed with the 31 director of' planning. The director shall transmit the petition to cause the petition to be placed 32 on the agenda of the planning commission for reGOMmeRdatien. For purposes of this sections 33 a change of zoning district classification shall be deemed to include modifications of the 34 conditions of a conditional change of zoning district classification pursuant to subdivision 35 36 37 COMMENT 38 39 The amendments: (1) clarify that the section applies to modifications of conditional rezoning as well 40 as original rezoning applications; and (2) update the terminology used in the section. The term "petition" 41 (as opposed to the more commonly used term "application") is retained, however, as "petition" is the term 42 utilized in the Virginia Code. 43 44 (b) Withdrawal of petition. Where The city council find that there „„hlin beRefi+ to 45 be gained by rnedifyiRg a petition for amendment URdeF Gon6ideratiGR, and that signifiGan 46 47 petitiGn, i may allow withdrawal of a petition for arneRdrnent during publiG hearing a change of 48 zoning district classification at any time prior to voting on such petition: provided however, that 49 the applicant shall notify the city clerk by letter or electronic mail that it intends to seek to 50 withdraw the petition Such notification shall be received by the city clerk no later than noon on 51 the working day next preceding the public hearing_ In the event such notification is not timely 52 made no withdrawal shall be allowed by the city council. However, if the such petition is 53 denied by city council, substantially the same petition shall not be filed within one (1) year of 54 the date of denial. FoF the puFpo6e Gf this seGtiOR, a zoning petition shall be GensideFed tG be 55 suh tant+a-lIy4he aFP,, petition when the request is for a distriGt classifiGatien that is within - , 56 sane aFtiGle as the GlassifiGation that was previously denied The planning director shall 57 determine whether a new petition is substantially the same as the petition denied by the city 58 council taking into consideration the differences in the zoning district classifications sought, 59 the nature and density or intensity of the proposed use site design site layout, traffic, noise, 60 and other potential impacts measures to mitigate such impacts and such other factors as he 61 determines to be relevant to such determination. These provisions shall net be held to impai 62 63 eFdinanGe at any tirne. 64 65 COMMENT 66 67 The amendments: (1) allow the City Council to allow an application to be withdrawn for any reason 68 deemed suitable by the City Council, but require that the applicant notify the City Clerk of its intent to 69 seek a withdrawal by letter or e-mail received by noon the day before the CC meeting (Lines 47-52); and 70 (2) rewrite the criteria for determining whether a subsequently filed application is "substantially the same" 71 as an application that has previously been denied by the City Council (Lines 57-61). 72 73 Stylistic changes having no substantive effect are also made. 74 75 76 4 77 (c) Planning commission action; notice of public hearing. Before making any 78 recommendation on a proposed amendment, the planning commission shall give notice of a 79 public hearing thereon, as set forth in Section 15.2-2204 of the Code of Virginia, as amended, 80 or any successor statute; provided, however, that written notice as prescribed therein shall be 81 given at least fifteen (15) days prior to the hearing and in the case of a condominium or a 82 cooperative, the written notice may be mailed to the unit owners' association or proprietary 83 lessees' association, respectively, in lieu of each individual owner. In the case of a proposed 84 change of zoning district classification the public notice shall state the general usage and 85 density range of the proposed zoning district classification and the general usage and density 86 range if any, set forth in the applicable part of the comprehensive plan: provided, however, 87 that where a conditional change of zoning is sought the public notice shall state the proposed 88 uses and density sought in the petition. 89 90 COMMENT 91 92 The amendments restate Virginia Code requirements for the descriptive summaries that must be 93 advertised in a local newspaper as part of a rezoning application (Lines 83-88). Technical changes are also 94 added. 95 96 (d) Planning commission hearing; action following hearing. Unless the proposal 97etp ition is withdrawn before the public hearing, the ,public 98 hearing shall be held at the time and place announced; provided, however, that if the public 99 hearing or a decision to approve or deny the petition, is pastPORed deferred indefinitely, new 100 public notice shall be issued as for the original notice. The applicant shall have the right to 101 withdraw any petition -prior to the commencement of the public hearing on the petition, without 102 further action as otherwise would be required by this section. In the event the public hearing is 103 postponed to a date certain announced at the meeting at which the petition was scheduled to 104 be heard the public hearing on such date certain shall not be required to be readvertised, but 105 written notice of the public hearing shall be re -mailed to those persons entitled to such notice. 106 If the PeStPORem deferral is at the request of the applicant or d-ue necessary by reason of to 107 the applicant's failure to properly follow applicable procedures, including the posting of signs as 108 required by Section 108, then the cost of new public notice including the costs of 109 readvertisement and mailing of written notice, shall be at the applicant's expense. Following 110 each the public hearing, the commission shall by motion adopt its recommendation, which may 111 include changes in the original proposal, as allowed by law, and shall transmit such 112 recommendations to city council. 113 114 115 3 116 COMMENT 117 118 The amendments: (1) restate Virginia Code requirements regarding public notice of public 119 hearings on zoning applications (Lines 96-100 and 102-105); (2) make it clear that an application before the 120 Planning Commission may be withdrawn by the applicant as a matter of right before the Commission 121 commences the public hearing on the application (Lines 100-102); (3) require the applicant to pay the costs 122 of providing new public notice when an application is deferred at its request (Lines 106-109). These costs 123 include the cost of the public notice in the local newspaper (which must be published two times before both 124 the Planning Commission and City Council public hearings) and the cost of written notices to the adjacent 125 property owners and others to whom the Virginia Code requires such notice to be given, but do not include 126 the original application fee, which need not be paid again. 127 128 Technical changes having no substantive effect are also made. 129 130 (e) Action by city council; notice ofup blic hearing. Before 131 taking any amendment action pursuant to this section, Gity GeunGil shall give notice of a public 132 hearing thereon, as required by law Virginia Code Section 15.2-2204 or any successor 133 statute shall be given as set forth in subsection (d). 134 135 COMMENT 136 137 The amendments make technical changes having no substantive effect. 138 139 (f) City council heaFipg; action Ag#owing heaFing; reconsideration. 140 141 M The public hearing shall be held at the time and place announced. Following the 142 hearing, c� council may make such changes to the recommendation of the planning 143 commission as it deems appropriate, as allowed by law OF GE)rreGt*OnS on the prOpE)Sed 144 amendments; provided, however, that (i) no additional land may be rezoned to a different 145 classification than was contained in the public notice; and Lji no land may be rezoned to a less 146 restrictive classification without new notice and hearing" and (iii) no amendment to the 147 regulations shall be made unless such amendment was fairly encompassed by the descriptive 148 summary of such amendment contained in the advertisement thereof. PuFthermore, no 149 Ghange te a more FestriGtive diStFiGt GlassifiGatien er tO ORGlude a lesser area than was , 150 advertised may be GensideFed by the Gity GOunGil, 151 152 . Nothing herein shall be 153 construed as prohibiting the city council from referring any petition including a petition that is 154 the subiect of reconsideration pursuant to subdivision (2), back to the planning commission for 155 further study and recommendation whenever it deems any Ghange made in the petitien t 0 156 substantial in the event the city council deems such action necessary or advisable. In 157 GenReGtien with SUGh aGtiGRS, the planRiRg GGmmissien shall held publiG hearings, with RGtiGe 158 . 159 160 COMMENT 161 162 The amendments: (1) incorporate legal requirements that are implicit, although not expressly 163 stated, in the Virginia Code, to the effect that any changes in a proposed Code amendment must be fairly 164 encompassed within the descriptive summary of the proposed amendment (Lines 146-148); (2) allow the 165 City Council greater leeway to act on a rezoning application without having to refer it back to the Planning 166 Commission (Lines 148-152), while preserving its current authority to do so under any circumstances it 167 deems appropriate (Lines 152-156). 168 169 170 An affirmative vote of a majority of the members of the city council present and 171 voting shall be required to amend the zoning ordinance or to grant any change of zoning 172 district classification. A tie vote shall be deemed a denial of the proposed amendment; 173 provided, however, that in the event of a tie vote on a petition for a change of zoning district 174 classification due to the absence of one or more members of the city council, any member of 175 s+ty-SetnE;*l may, by motion, initiate reconsideration of the petition within 176 tweRty ene 24) thirty 30 days theFeef of such tie vote. A motion to rer.-o.nsideration of 177 reconsider a vote resulting in approval or denial of a petition other than by reason of a tie vote, 178 may be iRit+afed made within thirty (30) days t-heree# of the date of approval or denial by any 179 cci council member on the prevailing side of said such vote. If city council determines, by an 180 affirmative vote of its members present and voting to grant reconsideration of a petition, a new 181 public hearing shall be advertised in accordance with subsection (e) and a sign shall be posted 182 as required by section 108 No petition that has been denied shall be granted upon 183 reconsideration thereof where the proposed uses density, intensity, site layout building design 184 or any other significant characteristics of the petition are substantially changed after the denial 185 that is the subject of such reconsideration unless the petition is referred back to the planning 186 commission for its review and recommendation prior to final action by the city council. A 187 FeGGRsideFation Gf GORditions attaGhed to approval of any ameRdment may be initiated by the 188 filing E)f an appliGation With the planning d*reGtE)F in aGGGFdanGe with the preGedures set forth40 189 190 magRitude of the proposed FeGonsideFatieR, may send the app"Gation. to the pla 191 ty 192 GeunGil. A sign shall be posted on the site aGGGFdanGe with the - I . ts ef seE;t*c)n 108 193 194 195 )f seGtion 107(h)(9) with regaFd to Genditional 5 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 COMMENT The amendments: (1) increase the time within which the City Council may initiate reconsideration of a denial of an application by reason of a tie vote from 21 to 30 days (Line 176); (2) provide that if an application is denied by the City Council and is thereafter substantially changed, the application must be referred back to the Planning Commission prior to final action by the City Council (Lines 182-186); and (3) eliminate the rules set forth in this subsection regarding modifications of previously approved conditions in light of the fact that subsection (a) provides that applications for modification of conditions are to be treated the same as original applications (Lines 186-195). Other changes are stylistic in nature and do not have substantive effect. (g) Fee. A petition of any property ownef to amend, supplement or change the district boundaries; or classification of property shall be accompanied by a fee in the amount of nine hundred dollars ($900.00), plus ten dollars ($10.00) per acre for each acre or part thereof over one hundred (100) acres. A petition of any property owner for a reconsideration of proffered conditions shall be accompanied by a fee. in the amount of two hundred dollars ($200.00). (h) Conditional zoning. COMMENT The amendments delete unnecessary language regarding the purpose of conditional zoning that was first adopted when conditional zoning was first authorized by the Virginia Code and was used infrequently. 235 Since then, it has become the predominant form of rezoning and is well -understood by Staff, the City 236 Council, the Planning Commission and applicants 237 238 (4M Criteria for proffers. Proffers Proffered conditions shall erg fie- aGG-epted 239 as GeRd+tien attached -to the rezoning Of they meet the following criteria: 240 (1) the rezoning itself must give rise for the need for the condition; (2) such 241 conditions shall have a reasonable relation to the rezoning; (3) atl such 242 conditions shall be in conformity with the comprehensive plan: and 4 243 such conditions shall not be prohibited by the provisions of Virginia Code 244 Section 15.2-2298 or any successor statute or other applicable law. Sesh 245 246 247 248 ass ssment for the maintennnr-tz Pf YbliG faGilitie6 owned in fee by the 249 Gity, 250 publiG faGilities; however, SUGh faGilities shall not inGlude side ' walks, 251 252 way 253 shall purport te waive futuFe legal rights again6t the Gity or its agentsi (4) 254 s 255the Gity of Virginia E3eaGh at the time of development of the pFo - 256 257 258 259 �R.7L�� • ,7.�T.TIL:TT.TS,:LIIt'TZ�PrT.�7IR:F7ri� - - 262 e66 further Genditien that members of a pFE),.,,, aSSE)GiatieR-f�� • a6se66rnent • • ssigns E)F peGial 6tFeet markers, 267 way not maintained by the depaFtment of tFaRSpertatiGR, and RG Gondition • 6hall purport to waive future legal Fights agaiRst th Gity E)F its agents. 269 270 COMMENT 271 272 The amendments streamline this section by eliminating language that is rarely used; the deletion of 273 this language has no substantive effect in light of the fact that it is contained in the Virginia Code; other 274 changes are technical in nature. 7 275 276 (3)Q Proffers which include the dedication of real property or payment of cash. 277 In the event proffered conditions include the dedication of real property or 278 payment of cash, such property shall not transfer and such payment of 279 cash shall not be made until the facilities for which such property is 280 dedicated or cash is tendered are included in the capital improvement 281 program, provided that nothing herein shall prevent the city from accepting 282 proffered conditions which are not normally included in such capital 283 improvement program. If proffered conditions include the dedication of 284 real property or the payment of cash, the proffered conditions shall provide 285 for the disposition of such property or cash payment in the event the 286 property or cash payment is not used for the purpose for which proffered. 287 Nothing in this section shall be construed to affect or impair the authority 288 of the city council to accept proffered conditions which include provisions 289 for timing or phasing of dedications, payments or improvements or to 290 impose or accept conditions of conditional use permits. In the event 291 proffered conditions include the dedication of real property or payment of 292 cash which is not to be made until the facilities for which such property is 293 dedicated or cash is tendered are included in the capital improvement 294 program, the city attorney shall advise the planning commission, and the 295 city council of the adequacy of provisions securing to the city the timely 296 performance of such conditions. 297 298 COMMENT 299 300 Although this language is also in the Va. Code, and therefore could be deleted without substantively 301 changing the section, it is retained in this subsection because, it is so fundamental a rule as to merit keeping 302 it in the City Zoning Ordinance. 303 304 305 (4)Qj Legal form of pre##e proffered conditions. All proffers shall be On wFiting set 306 forth in a conditional zoning agreement, prepared by an attorney licensed 307 to practice law in the Commonwealth of Virginia, and shall be in a form 308 'suitable for recordation in the deed books maintained by the clerk of the 309 circuit court of the City of Virginia Beach. No pFGffer shall be aGGept 310 conditional zoning 311 agreement shall be considered by the planning commission or city council 312 unless and until such agreement has been approved by the city attorney E: 313 as to legal form and sufficiency, including suitability for recordation by the 314 clerk of the circuit court. 315 316 COMMENT 317 318 The amendments are technical in nature; in particular, they distinguish between "proffers," which 319 are individual conditions of rezoning, and "conditional zoning agreements," which are the documents that 320 contain the proffers. 321 322 323 (5)J4� Title certificate. Each conditional zoning petition shall be accompanied by 324 a certificate of title, prepared and signed by an attorney licensed to 325 practice law in the Commonwealth of Virginia. The title certificate shall 326 describe the property that is the subject of the petition and shall identify all 327 parties having a recorded interest in the property, including legal and 328 equitable owners, and shall state the source of title or interest for each 329 party. The certificate of title shall state the date through which the attorney 330 examined the title to the property, which date shall not be more than six 331 (6) months prior to the date of the filing of the petition. The city attorney 332 shall reject any certificate of title which, in his opinion, is incomplete or is 333 otherwise insufficient. 334 335 {6)�Q Parties to s the preffe conditional zoning agreement. The written 336 proffer conditional zoning agreement shall name, as grantors, all owners 337 of the property and shall be signed by all such parties. In the event that 338 the applicant for the rezoning is a contract purchaser, such purchaser 339 shall also be made a party to the prefer agreement, as a grantor-and-sbafl 340 The foregoing provisions shall net be GORstrued as limeting t 341 city attorney to may require that any additional person, 342 or business entity be made a party ar+d 343 the preffor to the agreement, when, in his opinion, the inclusion of 344 such person, or entity is necessary or 345 appropriate in order to protect the city's interest, and may .PJB t#e 346 347 require that the pfeffer agreement be approved by a court of competent 348 jurisdiction in when 349 the such approval of the court is, in his opinion, necessary. 350 351 9 352 COMMENT 353 354 The amendments are technical in nature; in particular, they distinguish between "proffers," which 355 are individual conditions of rezoning, and "conditional zoning agreements," which are the documents that 356 contain the proffers. 357 358 (7)LQ Procedure feF preffering (planning commission) 359 360 (a) Any rezeniRg applicant for a change of zoning district classification 361 may at his eptsubmit a 362 conditional zoning agreement containing 363 proffered conditions of such change of zoning district classification 364 Via. Such ,shitten prr+fforo agreement, together with the title 365 certificate �'�ibc-d iR subsection (4), shall be submitted to the 366 planning director as part e with the appf+satiGR petition for change 367 of zoning district classification. in GOMplying with the netiGe 368 requlFemeRtr-, set forth in seGt*en 107(G) and 107(e) of th�s 369 370 be 371 made available for publiG review by the plaRniRg diFeCtE)F as paFt-Of 372 the pubk dGGLIrnents on the Gase. No later thaR thirty (30) days 373 after reoeipt of the prefferc the The planning director shall include, 374 in his report to the planning commission such commentary on the 375 individual or collective proffers contained in the agreement as will 376 assist the planning commission and city council in determining the 377 appropriate action to take on the petition 378 379 380 (a) A li6t of identified problems OF FeaSGRG, if aRY, where the PFGPE)sed 381 . - may be deerned to fall short of GapnpliaRGe with the 382 various goals or FeGE)Mmended land uses of the GempreheRS 383 384 , 385 r 386 (b) The degree to whiGh the proffered GonditiORG respORd to the 387 ; 388 10 11 • GeunGil in the manneF- • PFOP06a' may aGGept all, aGGept- and rejeGtsome,••- - -• afterly A-31 with the GonGUrrenGe of all paFties to the pFoffer, and only 433 pro#eF bei - ... d in writing to the planning diFeGtGr at least ten (10) 11 may rejeGt aRypreffer feF failure to P, -hm*t it On form aGGeptable to 435 GGunG 436 - Gity attGrney, and the Gity GGunGil shall aGGept added438 modified oF exGept in aGGOrdanrae with these pmvisions. AfteF- • e#eGtwve dateGf this subseGtion,- „0 to noF aGGept- - -_XGept 441 seGtien. Nothing heFein shall be deemed to supersede any provisions --of . , - a:r�� 444 COMMENT 445 446 The amendments eliminate language that is either unnecessarily specific or pertains to matters that 447 are covered elsewhere in this subsection in a more readable form. 448 449 (b) In the event the applicant submits a modified conditional zoning 450 agreement after the filing of the petition but prior to the public 451 hearing before the planning commission such petition shall not be 452 considered by the planning commission except to allow its deferral, 453 unless such modified conditional zoning agreement meets the 454 requirements of this section and has been been received by the 455 planning director no later than the close of business twenty-one 456 (21) days prior to but not including the date of the public hearing 457 before the planning commission. ME 459 COMMENT 460 461 The amendments change the date by which the applicant must submit a conditional zoning 462 agreement that he or she has modified after initially submitting it from fifteen to twenty-one days prior to, 463 but not including, the Planning Commission meeting. 464 465 (c) The planning_ commission shall recommend to the city council 466 approval or denial of the petition and may in addition recommend 12 467 that one or more of the proffers contained in the conditional zoning 468 agreement be rejected or modified or that new proffers be added. 469 470 COMMENT 471 472 The amendments restate current law, and make it clear that the Planning Commission may 473 recommend that proffers be modified, as well as added or deleted 474 475 (-8} (7) Procedure (city council). 476 477 (a) Unless the application is deferred or withdrawn, the city council 478 shall approve or deny the petition and may, in approving the 479 petition accept all the proffers contained in the agreement or 480 accept some and refect the remainder of such proffers. No proffer 481 shall be modified or added by the city council unless such modified 482 or added proffer is contained in a conditional zoning agreement 483 meeting the requirements of this section that was received by the 484 planning director no later than the close of business ten (10) days 485 prior to but not including the date of the public hearing before the 486 city council at which the conditional zoning agreement containing 487 such proffer is considered._ 488 489 COMMENT 490 491 The amendments restate current provisions in this section in a more readable form. 492 493 (b) The procedure for the consideration of petitions for conditional 494 change of zoning district classification shall in all other respects be 495 the as set forth in subsections (a) through (g). 496 497 COMMENT 498 499 The amendments make it clear that the procedure for hearing conditional zoning applications is 500 covered by the provisions relating to other types of application, except to the extent they are treated 501 differently by this subsection (subsection (h)). 502 503 (8) Recordation. 504 505 . If the city 506 council approves the rezening petition and aGrepts the writt 13 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 pre#er, the city attorney shall, within ten (10) days of the city council's action, examine the appropriate records so as to determine whether any material change in the in+„-,�T^ ownership of the property has occurred since the date of the title certificate deSGFibod in s,ubsoct;on (4). In the event that the city attorney determines that no such material change in.,, -R teres has occurred, he shall, , present the preffer conditional zoning agreement to the clerk of the circuit court for recordation. If the city attorney determines that a material change in i^+, est in of ownership of the property has taken place, and that, in his opinion, such change may adversely affect the city's interest, he shall so notify the appliGant in WFitiRg that the proffer will no will be reSGiRded and ve'd unless a., a! is filed for a heaF before the rity GGURGOI within sixty (60) days of the date ef the G4 herein to the appliGant at the addFess giveR by the appliGaRt OR the . - Petition. IR the event that the appliGant files an appealw4thin sixty (60) day6 of the date of the Gity attorney's letter, he shallg be given the oppeFtunity for a hearing before the City GGunGil. At t its loniola4ivo GE)FFeGt the objeGtOGR raised by the Gity attGFney or may reGG Rd its earlier aGtoen in appFeving the rezoning. if either the appliGant f to file his appeal withiR the said sixty day peFiod OF upon heaFiAg appreval of the FeZE)Ring aPPIiGatiE)R shall be void. in no event s r city council by letter. Any member of the city council may thereafter move to reconsider the petition in accordance with the provisions of subsection (f); provided, however, that any such motion may be made within thirty (30) days after the date of the notice from the city attorney. 14 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 COMMENT The amendments: (1) require City Attorney to determine whether any change in ownership of the property between the City Council approval and recordation of the conditional zoning agreement in the Circuit Court Clerk's Office is material; and (2) specify that the City Attorney must simply notify the City Council if he determines that any change in ownership of the subject property may be detrimental to the City, rather than set in motion a lengthy and complicated process that is highly unlikely to be needed in light of the fact that conditions of a rezoning (i.e., proffers) run with the land so as to bind all subsequent owners of the property that was rezoned. Once notified, any member of the City Council may, by motion, initiate a reconsideration of the application within thirty days (Lines 537-541). b) The failure to record any conditional zoning agreement shall not relieve the applicant or any other person or entity who is bound by the provisions of such agreement including any successor in interest to an original party to the agreement from performance of the covenants or conditions contained in the agreement according to their terms nor shall the failure to record any such agreement affect the validity or enforceability of the action of the city council. COMMENT The amendments provide that the failure to record an approved conditional zoning agreement with the Clerk of the Circuit Court does not affect the validity or enforceability of the City Council's approval. This provisions restates existing law, which does not require that conditional zoning agreements be recorded with the Clerk of the Circuit Court in order to be effective. (9) Effect of FeseFded proffers. Once preffered-arid accepted as paFt of amendment to—the zoning ordiRanGe by the city council, &uGh the conditions shall 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 if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance. The adoption of codes or amendments applicable to all or a substantial portion of any Strategic Growth Area designated in the Comprehensive Plan shall not be deemed to be part of a comprehensive implementation of a new or substantially revised zoning ordinance. The zoning administration officer is hereby vested with all necessary authority to enforce such conditions. 15 583 584 585 586 587 588 589 590 (10) Amendments to accepted proffers. No amendment shall be made to any accepted proffer except in the manner of a new rezoning app+isafiea petition as set forth herein. COMMENT The amendments make technical changes not having any substantive effect. 591 (i) Petitions not meeting minimum requirements. Any petition for which the 592 parcel involved or structure on the parcel does not meet the minimum area—er 593 dimensional rec+,� is requirements of the proposed zoning district shall be processed 594 nevertheless, but shall not be approved by the city council unless it finds that either 595 special circumstances pertinent to the site or 596 the proposed conditions of rezoning sateSfaGtOFily 597 adequately offset the negative effects O.nherent OR the area or dimensional of the 598 deficiency. In addition the city council may, for good cause shown and upon a finding 599 that there will be no significant detrimental effects on surrounding properties, accept 600 proffered conditions reasonably deviating from the setback landscaping and minimum 601 lot area requirements and height restrictions except as provided in Section 202(b) 602 otherwise applicable to the proposed development. No such deviation shall be in 603 conflict with the applicable provisions of the comprehensive plan. 604 605 COMMENT 606 607 The amendments allow the City Council to accept proffered conditions reasonably deviating 608 from the setback, landscaping and minimum lot area requirements and height restrictions of the 609 CZO (except as to navigation hazards) upon a finding that there will be no significant detrimental 610 effects on surrounding properties. Such deviations may not conflict with the Comprehensive Plan 611 (Lines 597-603). The added language is substantially the same as the language giving the City 612 similar authority in the context of conditional use permit applications. 613 614 Adopted by the City Council of the City of Virginia Beach on the day 615 of 2013. 616 , 617 618 CA -12382 619 November 8, 2012 620 R-2 621 622 16 623 APPROVED AS TO CONTENT: 624 625 626 627 Planning)Department APPROVED AS TO LEGAL SUFFIC NCY: , City Attorney's Office 17 Wu BEtc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds for the Virginia Task Force 2 Urban Search and Rescue Team Deployment Related to Hurricane Sandy MEETING DATE: November 27, 2012 ■ Background: The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2, Federal Emergency Management Agency (FEMA) Urban Search and Rescue Team. The team was placed on alert status on October 28, 2012 and activated on October 29, 2012 to assist in the Hurricane Sandy rescue efforts. There were 80 members of Virginia Task Force 2 that were deployed to assist with search missions in flooded areas in the Northeast. ■ Considerations: Upon alert and activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred to support this event. As the sponsoring agency, the City of Virginia Beach Fire Department is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, FEMA authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment, and demobilization of Virginia Task Force 2. Based on the size and type of deployment, the estimated expenses are $1.6 million; however the actual amount will be better known once the reimbursement request documentation is complete. ■ Public Information: Public information will be coordinated through the normal Council agenda process. ■ Recommendation: Approve the attached budget amendment. ■ Attachments: Ordinance; Activation Order #2012-0032; and Activation Order #2012- 0033 Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager. 1L. WAL (')6 10/29/2012 10:07 FAX DHS -FEMA USM -) VA-TF2 Q 001/002 U.S. Department of Homeland Security a FEMA Urban Search & Rescue ?; Action Order Form ' #: 2012-0036 ACTIVATION ORDER FEM14 A Task Force Representative must reply with the Sponsoring Agency's acceptance or refusal of this Order, within one hour of its distribution, to the National Response Coordination Center NRCC ESF #9 (SAR) Desk by email or phone contact info provided in Section V). 1. Event Information: t) Event name: Hurricane Sand 2) Event description: Hurricane Sandy is a large storm bearing down on the eastern U.S. seaboard. The storm has the potential for Widespread damage from storm surge, inland flooding and high winds. 3) Action requestor: ✓ NRCC D RRCC HQ 1 4) ARF It requesting this action: N/A 5) Other US&R resources Red IST & FSARCG (both deploying to the US&R warehouse - Herndon, VA), MD -TF1 (activated in place) and VA -TF1 Involved In this event (activated in place). Further information can be obtained from the US&R Branch or from NRCC ESF #9 Desk. U. Resource information: 1) USM resource requested: VA-TF2, Virginia Urban Search & Rescue Task Force Two 2) US&R resource type: US&R TASK FORCE - TYPE I 3) # of personnel approved: 70 4) #of Ground Support 10 Personnel GS a roved 5) Order effective date &time 1012911210:00 AM 6) Time Zone: EDT Ensure compliance with US&R Program Directive 2005-017 No additional positions, personnel or equipment are to be included in this response without written approval from the US&R Branch. 111, Destination Infonnation: 1) method of travel: HOLD IN PLACE 2) Arrival date & time no tater than (NLT):l 10129/12 2:00 PM 3) Time zone: EDT 4) Destination name: n/a 5) Address. City. State: Zip: 6) Destination POC: n/a 7) POC Phone: n/a Task Force vehicles utilized for this response must comply with USM Program Directive 2011-014 - Revised Convoy Standard. IV. Instructions / Authbrirations: 1) Order instructions: Per the Action Requestor your Task Force is being ACTIVATED to support FEMA ESF #9 (US&R) activities. Staffing of the task force will be as indicated above using the FEMA US&R organizational chart. With Task Force acceptance of this Order, in addition to the cost of pharmaceuticals identified on the current US&R Task Force Equipment Cache List, authorization is provided for emergency procurement of equipment and supplies identified on the equipment cache list not to exceed the amount specified below. UNLESS DIRECTED TO HOLD IN PLACE, UPON RECEIVING THIS ORDER YOU ARE REQUIRED TO DEPART WITHIN 4 HOURS IF TRAVELING BY GROUND OR 6 HOURS IF TRAVELING BY AIR, any departure delay must be reported immediately to the NRCC ESF #9 Desk. Your travel progress should be reported every two hours to the NRCC ESF #9 Desk by email or phone (contact info provided in Section V). Prior to departure you must provide your Task Force roster (FEMA US&R Form 18-001) and a Deployment Vehicle & Contact List (FEMA US&R Form 18-004) to to the NRCC ESF #9 Desk by email (contact info provided in Section V) or fax at (202) 646-2484. Contact the NRCC ESF 09 Desk to verify that all paperwork requirements have been completed. 2) Specific authorizations: Spending Limits: $p Personnel Rehab hours: Q Cache Rehab hours: 0 The authorizations above are not to be exceeded without written approval from the USM Branch. Reimbursement of salaries, benefits, backfill and other related costs for this mission will be in accordance with 44 CFR 208, the Response Cooperative Agreement and the Memorandum of Agreement between FEMA and the Sponsoring Agency for your task force. V. Contact Infdrmation: NRCC ESF #9 Desk - Email: fem2-nrcc-Saru tema.dhs cLQv- Phone: (202) 646-2449 IST ESF-9 Leader Name: Dianne Wilson Phone: (816) 718-8697 IST ESF-9 Dep. Leader Name: Joe Hiponia Phone: (202) 498-9093 IST Leader Name: Dave Lesh Phone: (951) 990-2300 IST Dep. Leader Name: Dave Fiero Phone: (512) 350-3261 VI. Special Instructions I Amendments: A•TF2 is authorized to deploy with the existing non -Federal water operations equipment package on a reimburseabte basis, as discussed with the US&R Operations Section Chief on this date. Additionally, VA-TF2 is requested to deploy with personnel appropriatedly trained in water operations, embedded within the 70 rostered task force personnel. Further, VA-TF2 is authorized to rent two additional vehicles to facilitate movement of the water operations equipment if required. 11. FEMA roval: Vill. Task orgikSponsoringAgency App roval: 1) Signature: 1) Signature:` The Task Force: �� — -- k M accepts this Order. Title: 0 declines this Order. _TtIIe&TF:4440, Any questions concerning this Order should be addressed to the NRCC #SF #9 Desk orfhe US&R Branch at (202) 646-3498 . FEMA US&R Form 18-002 -Action Order (Sep11) 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO APPROPRIATE FUNDS FOR THE VIRGINIA TASK FORCE 2 URBAN SEARCH AND RESCUE TEAM DEPLOYMENT RELATED TO HURRICANE SANDY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $1,600,000 in funding from the United States Federal Emergency Management Administration is hereby appropriated, with estimated federal revenue increased accordingly, to FY 2012-13 Operating Budget of the Fire Department for the deployment of the Virginia Task Force 2 to assist in the Hurricane Sandy search and rescue efforts. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2012. Requires an, affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Management Services CA12472 R-1 November 9, 2012 APPROVED AS TO LEGAL SUFFICIENCY: C Cit 's Office y 2 C5 S, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $935,000 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund to the Operating Budget of the Convention and Visitors Bureau for Advertising and Marketing Efforts MEETING DATE: November 27, 2012 ■ Background: In August 1995, the City Council of Virginia Beach established the Tourism Advertising Program (TAP) Special Revenue Fund. The purpose of this fund is to hold revenues dedicated from one cent of the percentage -based portion of the transient lodging tax, one-half cent of the restaurant meal tax, and a flat lodging tax of one dollar per night. The Council has continued its support by appropriating these revenues to the TAP Fund in the Operating Budget for "the City's advertising and marketing program to promote and increase tourist and convention visitation to the City, including financing the Visitor Information Center and additional national and regional advertising for the City with increased emphasis on marketing through the City's website, www.visitvirginiabeach.com." (FY13 Operating Budget, at 11-37) ■ Considerations: At the close of FY 2011-12, the TAP Fund had an un- appropriated fund balance of $1,541,761. The fund balance results from previously appropriated funds that lapsed at the end of the fiscal period and accumulated interest. Additionally, revenues from the previous fiscal year that exceeded estimates are available for appropriation by Council. After review of the available fund balance, the CVB seeks the appropriation of $935,000 from fund balance for the following marketing purposes: 1. Increase investment in domestic leisure, international leisure, participatory sports events, convention marketing and advertising programs, which will take advantage of new opportunities and to counter more aggressive programming by the City's competitors ($505,000); 2. Improve the information technology infrastructure of the three main Visitor Information Centers and the equipment used for marketing purposes by the CVB's sales representatives and management ($150,000); 3. Complete the evolution of the visitor profile research program to a citywide, full - year format to assist in developing effective and efficient marketing programs to achieve City Council's related objective ($80,000); 4. Increase functionality of the customized, web -based mobile phone and tablet informational and promotional solution — the WebApp — for leisure transient and group, convention sales, convention center and sports marketing ($70,000); 5. Enhance and formalize CVB-specific social media marketing programs ($80,000); and 6. Continue to enhance the new Live the Life/Love the Moment advertising creative evolution to further support the City's leisure brand in the domestic marketplace ($50,000). If these funds are appropriated, the TAP Fund will have a fund balance of $606,761 to allow for an emergency reserve for unforeseen opportunities and issues that may arise in the hospitality industry or to provide for annual capital funding for the Visitor Information Centers as needed. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendation: Approve the attached budget amendment ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manage • r�'-� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO APPROPRIATE $935,000 FROM THE FUND BALANCE OF THE TOURISM ADVERTISING PROGRAM SPECIAL REVENUE FUND TO THE OPERATING BUDGET OF THE CONVENTION AND VISITORS BUREAU FOR ADVERTISING AND MARKETING EFFORTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $935,000 from the fund balance of the Tourism Advertising Program Special Revenue Fund is hereby appropriated, with estimated revenue increased accordingly, to the FY 2012-13 Operating Budget of the Convention and Visitors Bureau for advertising and marketing efforts. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: -�9 a J- 0 P),,k Management Services CA12470 R-1 November 7, 2012 APPROVED AS TO LEGAL SUFFICIENCY: J �i Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Revenues to the Clerk of the Circuit Court's FY 2012-13 Technology Trust Fund MEETING DATE: November 27, 2012 ■ Background: The Clerk of the Circuit Court assesses court technology fees in the manner provided by law. The technology fees assessed by the Clerk are paid to the state. The State Compensation Board provides these funds to the City to reimburse the City for purchases and/or ongoing system maintenance fees made for technology purposes. For FY 2012-13, the Clerk's Office has been approved for $294,192 in funding from the Technology Trust Fund. This funding will support the Clerk's Office annual software maintenance for the AUS (Land Records system), for the software maintenance for the AiCMS (Case Management system), and computer equipment, installation, and software change orders. ■ Considerations: This appropriation will not require any additional funding from the City. The appropriation gives the Clerk's Office the ability to spend the funds with state revenue offsetting the appropriation. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendation: Accept and appropriate State revenues. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Clerk of the Circuit Court City Manager. �` 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 REVENUES TO THE CLERK OF THE CIRCUIT COURT'S FY 3 2012-13 TECHNOLOGY TRUST FUND 4 WHEREAS, the Clerk of the Circuit Court has been approved for $294,192 of 5 reimbursements from the Virginia Compensation Board for technology purposes. 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 That $294,192 is hereby accepted from the State Compensation Board and 10 appropriated, with estimated state revenues increased accordingly, to the Clerk of the 11 Circuit Court's FY 2012-13 Technology Trust Fund for technology related expenses. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: aILA - Management Services C' o s Office CA12467 R-1 November 7, 2012 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Department of Environmental Quality Clean Community Recycling and Litter Abatement Grant Program MEETING DATE: November 27, 2012 ■ Background: The Virginia Department of Environmental Quality's Recycling and Litter Grant Program provides state funding to support local community efforts to encourage recycling and for litter abatement. The State distributes funding based on a formula. The City of Virginia Beach uses these grant funds to support a variety of initiatives, primarily through the Virginia Beach Clean Community Commission. The Commission's activities are supported by both the Department of Public Works and the Department of Parks and Recreation with activities and grant funding being distributed on an 80%/20% split. ■ Considerations: This grant is included as part of the City's annual budget since it is received annually. The estimated grant revenue for FY 2012-13 was $44,238; however, the actual amount of the grant is $63,838 which exceeds the appropriated amount by $19,600. Therefore, $15,680 needs to be appropriated to the Public Works Department and $3,920 needs to be appropriated to Parks and Recreation. ■ Public Information: Information will be provided through the normal Council agenda process. ■ Recommendation: Approve the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works & Parks and Recreation City Manage . �,7)6 W -11L 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDING FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN COMMUNITY RECYCLING AND LITTER ABATEMENT GRANT PROGRAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $19,600 is hereby accepted from the Virginia Department of Environmental Quality and appropriated, with state revenues increased accordingly, to the Department of Public Works ($15,680) and to the Department of Parks and Recreation ($3,920) for efforts to encourage recycling and litter abatement. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Management Services CA 12476 R-1 November 14, 2012 APPROVED AS TO LEGAL SUFFICIENCY: Cit r y' ffice S��Nu etc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Purchase Bullet Proof Vests MEETING DATE: November 27, 2012 ■ Background: The U.S. Department of Justice, Bureau of Justice Assistance/Office of Justice Programs has awarded the Virginia Beach Police Department and Sheriff's Office grant funds as part of the 2012 Bulletproof Vest Partnership. The purpose of the grant is to improve officer safety and reduce fatalities in the line of duty. Specifically, this grant will fund armored vests that are compliant with the current National Institute of Justice standards. Funding will provide vests for approximately 15 Police Officers and 8 Sheriff's Deputies. ■ Considerations: The grant funds are to provide up to 50% of the cost of the vests. The Police Department and Sheriff's Office are required to provide the remaining costs using existing funds identified for that purpose. The grant will be allocated to the FY 2012-13 Operating Budget as follows: $8,425 to the Police Department and $4,537 to the Sheriff's Office. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendation: Adopt the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager. �'L 1 2 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS TO PURCHASE BULLET PROOF VESTS 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That $12,962 is hereby accepted from the U.S. Department of Justice and 6 appropriated, with estimated federal revenues increased accordingly, to the FY 2012-13 7 Operating Budgets of the Police Department in the amount of $8,425 and Sheriff's Office in 8 the amount of $4,537 to purchase bullet proof vests. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services CA12469 R-1 November 7, 2012 APPROVED AS TO LEGAL SUFFICIENCY: -1 �, D//t - �' � � Cit or y' ffice (r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $12,024 from the Fund Balance of the Sheriff's Department Special Revenue Fund to the FY 2012-13 Operating Budget of the Sheriff's Office for a Contribution to the Supplemental Retirement Plan MEETING DATE: November 27, 2012 ■ Background: On July 12, 2011, the City Council approved a request by the Sheriff to make a one-time contribution equal to 2.5% of the salaries of deputy sheriffs to the accounts in the Sheriff's supplemental retirement plan. This action was part of an agenda item that included the retirement contribution and a general pay increase for various Sheriff's Office personnel. All deputies, at that time, received the general pay increase. However, the supplemental retirement contributions were implemented through an enrollment program that includes eligibility requirements. To be eligible, the deputies had to have been hired prior to July 1, 2011 and must have had 1000 hours of service or a year or more of service at the time of open enrollment for the program (September). Most deputies were eligible and received this retirement supplement in FY 2011-12, but some deputies were not yet eligible to enroll and did not receive the retirement supplement. ■ Considerations: The Sheriff's Office requests that City Council appropriate $12,024 from the fund balance of the Sheriff's Special Revenue Fund to the FY 2012-13 Operating Budget of the Sheriff's Office for the purpose of providing the 2.5% contribution to the Sheriff's Supplemental Retirement Plan account for deputies who were not eligible or did not meet the requirements at the time of the previous contribution and meet the requirements today. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Attachment: Ordinance Submitting Department/Agency: Sheriff's Office City Manage • k% d`�'� 1 AN ORDINANCE TO APPROPRIATE $12,024 FROM 2 THE FUND BALANCE OF THE SHERIFF'S 3 DEPARTMENT SPECIAL REVENUE FUND TO THE 4 FY 2012-13 OPERATING BUDGET OF THE 5 SHERIFF'S OFFICE FOR A CONTRIBUTION TO THE 6 SUPPLEMENTAL RETIREMENT PLAN 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $12,024 is hereby appropriated, with revenues increased accordingly, from 12 the fund balance of the Sheriff's Department Special Revenue Fund to the FY 2012-13 13 Operating Budget of the Sheriff's Office to provide contributions to the Supplemental 14 Retirement Plan in the amount of 2.5% (of salary) for eligible deputy sheriffs that were 15 excluded in the previous enrollment period and are now eligible. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT / a;/. �z a 4 anage e- ni Services CA12471 R-2 November 14, 2012 APPROVED AS TO LEGAL SUFFICIENCY: J C, n Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funding within the FY 2012-13 Schools Operating Budget MEETING DATE: November 27, 2012 ■ Background: At its November 7t" meeting, the School Board adopted a resolution requesting that City Council adopt an ordinance transferring appropriations. The Schools Operating Fund (Fund 115) contains four major classifications: Administration, Attendance, and Health; Instruction; Operations and Maintenance; and Pupil Transportation. The Schools Technology Fund (Fund 106) was formerly part of the Schools Operating Fund, but it currently is a separate fund in the Budget. Because the requested transfers are between the major classifications, City Council approval is required. ■ Considerations: The School Board's resolution requests a transfer of $148,873 from the Instruction Classification to the Technology Fund, a transfer of $5,094 from the Administration Classification to the Operations and Maintenance Classification, and $8,348 from the Instruction Classification to the Operations and Maintenance Classification. The School Board's total budget remains balanced, and this transfer will not change total appropriations in the FY 2012-13 School Operating Budget. The School intends to use the funds for the purchase laptop carts, computers, monitors, printers, iPads and covers, computers supplies, and contractual services. Also, funding will be used for maintenance and upgrades for the planetarium renovation project. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Attachments: Ordinance, School Board Resolution Submitting Department/Agency: Virginia Beach City Public Schools City Manage . F—, ARGINIA BEACH CITY Pt A H E A D O F T H E School Board of the City of Virginia Beach 2512 George Mason Drive P.O. Box 6038 Virginia Beach, VA 23456-0038 (757) 263-1016 www.vbschools.com/schoolboard James G. Merrill, Ed.D., Superintendent LIC SCHOOLS C u R v E Daniel D. Edwards, Chairman District 1- Centerville William J. "Bill' Brunke, IV, Vice -Chairman District 7 - Princess Anne Emma L. "Em" Davis, District 5 - Lynnhaven Hubert L. "Hugh" Greene, At -Large Dorothy M. "Dottie" Holtz, At -Large Brent N. Mckenzie, District 3 - Rose Hall Ashley K. McLeod, At -Large Samuel G. "Sam" Reid, District 6 - Beach Patrick S. Salyer, District 2 - Kempsville D. Scott Seery, At -Large Carolyn D. Weems, District 4 - Bayside RESOLUTION REGARDING FY 2011-12 BUDGET AND REQUEST FOR CATEGORICAL/FUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and WHEREAS, the Code of Virginia §22.1-115, as amended, requires that technology -related expenditures be made in a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schools and departments have technology -related and operating -related spending needs that require categorical/fund transfers to enable such purchases such as: laptop carts, computers, monitors, printers, iPads, and cover, computer supplies, contractual services, maintenance and upgrades for the planetarium renovation project; and WHEREAS, the following budget transfers are recommended by the School Administration: • Total of $148,873 from Operating Fund 115 - Instruction to Technology Fund 106 • Total of $5,094 from Operating Fund 115 -Administration to Operations and Maintenance • Total of $8,348 from Operating Fund 115 - Instruction to Operations and Maintenance; and WHEREAS, these transfers are also necessary to appropriately expense and account for technology -related expenses; and WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. NOW, THEREFORE, BE IT RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categorical/funds transfers shown above; and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach November 7, 2012 Daniel D. Edwards, Chairman SEAL ATTEST: Dianne P. Alexander, Clerk of the Board 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE FY 2012-13 SCHOOLS OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $162,315 is hereby transferred within the FY 2012-13 Schools Budget in the amounts set forth below: 1. $148,873 from the Instruction Classification to the Schools Technology Fund (106); 2. $5,094 from the Administration Classification to the Operations and Maintenance Classification; and 3. $8,348 from the Instruction Classification to the Operations and Maintenance Classification. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT: Management Services CA12474 R-1 November 9, 2012 APPROVED AS TO LEGAL SUFFICIENCY: f Ci r ffice 0 K. PLANNING Application of MOUNT OLYMPUS FITNESS, LLC/GREAT NECK SQUARE SHOPPING CENTER, LLC for a Conditional Use Permit re indoor commercial recreation / gymnasium at 2116 Great Neck Square Shopping Center DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Applications of the CITY OF VIRGINIA BEACH, DISTRICT 4 - BAYSIDE a. Street Closure for Lake Avenue and Oak Street and portions of Locust Crescent and Ellis Avenue RECOMMENDATION b. Pleasure House Point Conditional Change of Zoning from PDH -1 Planned Unit Development to P-1 Preservation at 3957 Marlin Bay Drive RECOMMENDATION APPROVAL NU �Hl 7 p'' 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MOUNT OLYMPUS FITNESS, LLC / GREAT NECK SQUARE SHOPPING CENTER, LLC, Conditional Use Permit (indoor commercial recreation facility / gymnasium), 2116 Great Neck Square Shopping Center, Store # 109 (GPIN 2408279527). LYNNHAVEN DISTRICT. MEETING DATE: November 27, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow an indoor recreational facility (gymnasium/fitness center) within a 9,193 square foot unit located in the Great Neck Square Shopping Center. ■ Considerations: The unit is located in the northeastern portion of the center and was once occupied by a physical therapy/fitness center. On April 26, 2011, the Zoning Ordinance was amended to allow recreational facilities with a floor area under 7,500 square feet as a permitted use in the Business Districts. Since the floor area of the subject unit is over 7,500 square feet, the Zoning Ordinance requires a Conditional Use Permit. The applicant plans to provide private and small group classes. Hours of operation will be 6:00 a.m. to 10:00 p.m. Five to ten employees will be at the facility daily. The applicant also plans to provide child care for members and participants of the facility. The combined uses in the shopping center require a minimum of 342 parking spaces. There are 477 parking spaces on the site; therefore, parking is not an issue. The proposed use of a unit within this shopping center for an Indoor Recreation Facility, as well as the associated child care and retail uses, is consistent with the land use policies of the Comprehensive Plan for the Suburban 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 condition: The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and Fire Mount Olympus Fitness, LLC/Great Neck Square Shopping Center, LLC Page 2 of 2 Department, as well as a Certificate of Occupancy from the Building Official before issuance of a business license. ■ 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 r: �`-� City Manage 1Nq-i' LYNNNAVEN 111vlvo, .14t ? M1� . to Scare y aB2 M C iR1� p� 74 E E3 � � R491 e = 82 J A18 Indoor Recreation Facility/Gymnasium �R10 REQUEST: Conditional Use Permit (Indoor Recreation Facility / Gymnasium) 2 October 10, 2012 Public Hearing APPLICANT: MOUNT OLYMPUS FITNESS, LLC PROPERTY OWNER: GREAT NECK SQUARE SHOPPING CENTER, LLC STAFF PLANNER: Faith Christie ADDRESS / DESCRIPTION: 2116 Great Neck Square Shopping Center, Suite 109 GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24082795270000 LYNNHAVEN 8.824 acres Less than 65 dB DNL UNITSIZE: 9,193 square feet The applicant requests a Conditional Use Permit to allow an SUMMARY OF REQUEST indoor recreational facility (gymnasium/fitness center) to occupy a 9,193 square feet unit in the center. The unit is located in the northeastern portion of the center, and was once occupied by a physical therapy/fitness center. On April 26, 2011, the Zoning Ordinance was amended to allow recreational facilities with a floor area under 7,500 square feet as a permitted use in the Business Districts. Since the floor area of the subject unit is over 7,500 square feet, the Zoning Ordinance requires a Conditional Use Permit. The applicant plans to provide private and small group classes. Hours of operation will be 6:00 a.m. to 10:00 p.m. Five to ten employees will be at the facility daily. The applicant also plans to provide child care for members and participants of the facility. The combined uses in the shopping center require a minimum of 342 parking spaces. There are 477 parking spaces on the site; therefore' parking is not an issue. MOUNT OLYMPUS FITNESS, LLC Agenda Item 2 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is developed with a shopping center, associated parking, and landscaping. SURROUNDING LAND North: . Retail shops and Self -storage facility / B-2 Community Business USE AND ZONING: District South: 0 First Colonial Road East: . Multi -family dwelling units / A-18 Apartment West: 0 North Great Neck Road NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with the site. COMPREHENSIVE PLAN: Suburban Area The Comprehensive Plan designates this area of the city as Suburban Area. The Plan contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan also reinforces suburban characteristics of commercial centers and other non- residential areas that make up part of the Suburban Area. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The applicant proposes a fitness facility as a tenant inside a shopping center in the northeast quadrant of the signalized intersection of North Great Neck Road and First Colonial Road. The shopping center has full access to both roads. Both roads are listed in the Master Transportation Plan Major Street Network Ultimate Rights -of -Way document as six -lane arterials when built out to their ultimate condition. There are no Capital Improvement Program Projects in the area. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume North Great Neck Existing Land Use — 6,156 Road 43,600 ADT' 52,600 ADT' ADT (141 a.m. Peak Hour Trips/ 575 p.m. Peak Hour Trips) First Colonial Road 19,300 ADT' 27,300 ADT' Proposed Land Use 3— No Change Average Daily Trips 2 as defined by an 86,000 square feet shopping center 3 The ITE shopping center land use category includes fitness facilities as possible tenants within a shopping center; therefore, no change in the site's trip generation is anticipated. WATER and SEWER: This site is connected to City water and sewer. MOUNT OLYMPUS FITNESS, LLC Agenda Item 2 Page 2 EVALUATION AND RECOMMENDATION The proposed use of a unit of this shopping center for an Indoor Recreation Facility, with associated child care and retail uses, is consistent with the land use policies of the Comprehensive Plan's Suburban Area. Staff recommends approval of this request with the condition below. CONDITION The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and Fire Department, as well as a Certificate of Occupancy from the Building Official before issuance of a business license. 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. MOUNT OLYMPUS FITNESS, LLC Agenda Item 2 Page 3 ,•N LAKESIDE DR E� y: 4 � LAUREL COVE RD ,° T'IR'ST CO, ONIA - t r RO'g 0 163LLf P1W1 yy yy C Y 4 i t,t 4 SITE LAYOUT SHOWING LOCATION OF UNIT MOUNT OLYMPUS FITNESS, LLC .Agenda Item 2 Page 5 t e 11 oP 1 jP,P' P R �i1t 3 PiSIIc3 SITE LAYOUT SHOWING LOCATION OF UNIT MOUNT OLYMPUS FITNESS, LLC .Agenda Item 2 Page 5 VIEW OF UNIT MOUNT OLYMPUS FITNESS, LLC, Agenda Item 2 ; Page 6 1� � OWR r, The area is stable and there have been no recent actions in the area. MOUNT OLYMPUS FITNESS, LLC Agenda Item 2 Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Mount Olympus Fitness, LLC; Members are Tammy O'Rourke and Antwain Britt. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None. 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) Great Neck Square Shopping Center, L.L.C.; owners are Ramon W. Breeden, Jr., who owns 99%, and Breeden Development Corporation (Manager), which owns 1 %. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None. 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 eoyee ofItle City of Virginia Beach have an interest in the subject land? Yes No ✓ If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT MOUNT OLYMPUS FITNESS, LLC Agenda Item 2 Page 8 O a COMODw w z 0 0 V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) s,� o+io0, tj�rct�,a fma,_", VA SeM��<=es �,,-+�In r2:�oe1:� t� W� ,re�uz�^ct P��(�2'vl-�-� �=�. 1 rtiv� v�v{• i�;v� "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. rint Name Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT MOUNT OLYMPUS FITNESS, LLC Agenda Item 2 Page 9 Item #2 Mount Olympus Fitness, L.L.C. Conditional Use Permit 1060 First Colonial Road District 5 Lynnhaven October 10, 2012 CONSENT An application of Mount Olympus Fitness, L.L.C. for a Conditional Use Permit for an indoor recreation facility / gymnasium on property located at 2116 Great Neck Square Shopping Center, Suite 109, District 5, Lynnhaven. GPIN: 24082795270000. CONDITION The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and Fire Department, as well as a Certificate of Occupancy from the Building Official before issuance of a business license. 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 Item #2 Mount Olympus Fitness, L.L.C. Page 2 By a vote of 11-0, the Commission approved item 2 by consent. Gabriel McCoy appeared before the Commission on behalf of the applicant. C) 10`10 '000 + r 0. o� m r v f a. r 0. �c c� s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of the City of Virginia Beach for the Closure of Lake Avenue, Oak Street, and Portions of Locust Crescent and Ellis Avenue (BAYSIDE - DISTRICT 4) MEETING DATE: November 27, 2012 ■ Background: The City of Virginia Beach (the "Applicant" and "City") requests the closure of Lake Avenue, Oak Street, and portions of Locust Crescent (formerly Elm Street) and Ellis Avenue. These unimproved rights-of-way are located adjacent to property Applicant acquired from the City of Norfolk, and others, using funding from the Open Space Acquisition Program. In the deed to the Applicant, the City of Norfolk reserved access easements for the care and maintenance of Lake Lawson and Lake Smith. ■ Considerations: A plan to transform the property into the Lake Lawson and Lake Smith Natural Area was completed in 2012. Detailed site plans are now being prepared for the first phase of park improvements. Those plans include the area contained within the rights-of-way requested for closure. The closure of the rights-of-way will provide the Applicant with approximately 55,500 square feet of additional land to be incorporated into the development of the Lake Lawson and Lake Smith Natural Area. Based on a review of the application and the reasons for the request, the Viewers found that closure of these rights-of-way will present no inconvenience to the public. The use of this land as a `Natural Area' will provide a recreational benefit to the immediate area, as well as serve as a natural amenity to the entire City. 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: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's City of Virginia Beach (Lake Lawson and Lake Smith Natural Area) Page 2 of 2 Interest in Streets Pursuant to Street Closures" approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in these street closures, however, because the City is both the owner of the underlying fee and the Applicant. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed areas into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall provide the City of Norfolk with the access easements reserved in the deed from the City of Norfolk to the City of Virginia Beach 4. The Applicant shall verify that no private utilities exist within the rights-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the rights-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. ■ Attachments: Ordinance 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: L -7W14k- 1 ORDINANCE APPROVING APPLICATION 2 OF THE CITY OF VIRGINIA BEACH FOR 3 THE CLOSURE OF LAKE AVENUE, OAK 4 STREET, AND PORTIONS OF LOCUST 5 CRESCENT AND ELLIS AVENUE 6 7 WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council 8 of the City of Virginia Beach, Virginia, to have the hereinafter described rights-of-way 9 discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said portions of rights -of - 12 way be discontinued, closed, and vacated, subject to certain conditions having been 13 met on or before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 16 Virginia Beach, Virginia: 17 18 SECTION 1 19 20 That the hereinafter described street be discontinued, closed and vacated, 21 subject to certain conditions being met on or before one (1) year from City Council's 22 adoption of this ordinance: 23 24 ALL THAT certain lot, tract, or parcel of land, together with 25 the improvements thereon belonging, lying, situate and 26 being in the City of Virginia Beach, Virginia and shown as 27 the hatched area designated as "AREA OF STREET 28 CLOSURE 55,214 SF 1.2675 AC.", as shown on that certain 29 plat entitled: "EXHIBIT SHOWING A CLOSURE OF A 30 PORTION OF LOCUST CRESCENT (FORMERLY ELM 31 STREET — M.B. 3, PG. 171) & A PORTION OF ELLIS 32 AVENUE (FORMERLY PINE STREET — M.B. 3, PG. 171) 33 AND A CLOSURE OF LAKE AVENUE AND OAK STREET 34 (M.B. 3, PG. 171)", dated November 7, 2011, prepared by 35 Patten Harris Rust & Associates, attached hereto as Exhibit 36 A. 37 38 39 40 GPIN: City right-of-way no GPIN assigned (Adjacent to 1469-52-7035, 1469-52-3280, 41 1469-52-5130, 1469-52-4277, 1469-52-4476, 1469-52-5403, 1469-52-6306, 1469-52- 42 7336, 1469-52-7421, 1469-52-9638 and 1469-62-7175) 1 43 SECTION II 44 45 The following conditions must be met on or before one (1) year from City 46 Council's adoption of this ordinance: 47 48 1. The City Attorney's Office will make the final determination 49 regarding ownership of the underlying fee. The purchase price to be paid to the City is 50 normally determined according to the "Policy Regarding Purchase of City's Interest in 51 Streets Pursuant to Street Closures" approved by City Council. Copies of the policy are 52 available in the Planning Department. No purchase price shall be charged in this street 53 closure, however, because the City is both the owner of the underlying fee and the 54 Applicant seeking this street closure. 55 56 2. The Applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed areas into the adjoining parcels. The plat must be 58 submitted and approved for recordation prior to final street closure approval. 59 60 3. The Applicant shall provide the City of Norfolk with the access 61 easements reserved in the deed from the City of Norfolk to the City of Virginia Beach. 62 63 4. The Applicant shall verify that no private utilities exist within the 64 right-of-way proposed for closure. Preliminary comments from the utility companies 65 indicate that there are no private utilities within the right-of-way proposed for closure. If 66 private utilities do exist, the applicant shall provide easements satisfactory to the utility 67 companies. 68 69 5. Closure of the right-of-way shall be contingent upon compliance 70 with the above stated conditions within one (1) year of approval by City Council. If all 71 conditions noted above are not in compliance within one (1) year of the City Council 72 vote to close the street, this approval will be considered null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before November 77 26, 2013, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before November 26, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. The City Manager or his designee is authorized to execute 84 whatever documents, if any, that may be required to comply with the preceeding 85 conditions, provided said documents are approved by the City Attorney's Office. E SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and "Grantee". Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2012. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA12391 \\vbgov.com\DFS 1Wpplications\CityLawProd\cycom32\W pdocs\D013\P015\00033361.DOC R-1 November 16, 2012 3 APPROVED AS TO CONTENT: Planning FOR LOT OWNER INFORMA ON FOR PARCELS IDENTIFIED AS A�THROUGH ®, a N/F SEE SHEET 2 OF 2. CITY OF LOCUST CRESCENT (VAR. R/W) VIRGINIA BEACH (D.B. 2397, PG. 126) I PARCEL A (FORMERLY ELM ST.-M.B.3, PG.171-40' R/W) 0 M I h_ a M 0 `p6o a. ri orz N O —i U m W V) a as BLOCK 2-LAKESIDI (M.S. 3, PG. 171) mice 0 N/F CITY OF VIRGINIA BEACH '' Q N/F CITY OF NORFOLK "LAKE SMITH" GPIN 1469-62-7175 S38'20'11 "W 9.81' 7////,S51'40'11'E 299.61 /� AVENUE // N s ECUS (50' R/W) BEARING M W w r, U no "n o FORMERLY PINE T. -M.8.3 PG.171 49.95' L2 m*r N51'39'20"W 299.69' L3 z m .� No s 0 N36'48'1 7"W 136.86' GO0801 BLOCK 3- LAKESIDE $i z c� 0 z ao o (M.B. 3, PG. 171) a �0- W � Qar 0 N N O PROPERTY LINE M Y m o g Z3''` BY CITY DEED 618 D . 51, PG. 10 z z OAK STREET L4 (40' R/W) N 3491991.9219 (M.B. 3, PG. 171)) J N 1' 3'13"W E 12165498.3107 192.17 '' r124.17' ' j' 115.27 N51'37'16"W 316.34' OA. "1 10 STREET LINE AS SHOWN IN M.B.3, PG. 171 c (0�� N C 11J AREA OF STREET CLOSURE N � 55,214 SF 1.2675 AC. rn CITY OF VIRGINIA BEACH M C-4 PARCEL B INST. #20060706001024770(DEED) z W INST. #20060522000771350(PLAT) GPIN 1469-52-7035 MERIDIAN REFERENCE. VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE, NORTH AMERICAN DATUM 198JI1993 (HARN) (U.S. SURVEY FOOT) GRAPHIC SCALE EXHIBIT SHOWING A CLOSURE OF 00 0 50 100 200 A PORTION OF LOCUST CRESCENT �� _ (FORMERLY ELM STREET — M.B. 3, PG. 171; i t ? & A PORTION OF ELLIS AVENUE 1 tach - 100 1t. (FORMERLY FINE STREET — M.B. 3, PG. 171) ePMRANorfolk, Lf� A CLOSRE OF LAKE AVENUE AND OAK STREET -(M.B. 3, PG. 171) HER �" VIRGINIA BEACH, VIRGINIA 10 Patton Harris Rust �& Associates Engineers. Surveyors. Planners. Landscape Architects. 4 y 410 NORTH CENTER DRIVE, SUITE 100 MR i Norfolk, VA 23502 :uccr nc a i 1 T 757.497.7472 F 757.497.0250 ►1 EXHIBIT A (Paee 1 of 21 LINE TABLE LINE BEARING DISTANCE L1 N38'20'40"E 49.95' L2 N51'37'16"W 75.00' L3 N38'23'54"E 39.96' L4 N36'48'1 7"W 136.86' L5 I S25'16'43"W I 35.93' GRAPHIC SCALE EXHIBIT SHOWING A CLOSURE OF 00 0 50 100 200 A PORTION OF LOCUST CRESCENT �� _ (FORMERLY ELM STREET — M.B. 3, PG. 171; i t ? & A PORTION OF ELLIS AVENUE 1 tach - 100 1t. (FORMERLY FINE STREET — M.B. 3, PG. 171) ePMRANorfolk, Lf� A CLOSRE OF LAKE AVENUE AND OAK STREET -(M.B. 3, PG. 171) HER �" VIRGINIA BEACH, VIRGINIA 10 Patton Harris Rust �& Associates Engineers. Surveyors. Planners. Landscape Architects. 4 y 410 NORTH CENTER DRIVE, SUITE 100 MR i Norfolk, VA 23502 :uccr nc a i 1 T 757.497.7472 F 757.497.0250 ►1 EXHIBIT A (Paee 1 of 21 IDENTIFIER PARCEL & OWNER IDENTIFIER PARCEL & OWNER LOTS 9,10 — BLOCK 2 LAKE SMITH N/F CITY OF VIRGINIA BEACH N/F CITY OF NORFOLK ��'� °� INST.#20060706001024770 (DEED) INST.#20060522000771350 (PLAT) INST.#20060522000771380 (PLAT) o .. D.B. 51, PG. 10 s...`�. TIM( tial i- f'JUTCHER x' GPIN 1469-52-4486 Lic.No. 2516 GPIN 1469-62-7175 t 7*7.` tgNp LOT 11 — BLOCK 2 `J LOTS 21-32 — BLOCK 3 SHEET 2 OF 2 N/F CITY OF VIRGINIA BEACH ID--: TFF ° •' NOVEMBER 7, N/F CITY OF VIRGINIA BEACH INST.#20081120001335970 INST.#20060706001024770 (DEED) M.B. 3, PG. 171 INST.#20060522000771390 (PLAT) GPIN 1469-52-5403 GPIN 1469-52-4277 C LOTS 12-20 — BLOCK 2 © A PORTION OF LOTS 1-8, AND N/F CITY OF VIRGINIA BEACH ALL OF LOTS 9-19 — BLOCK 3 INST.#20060706001024770 (DEED) N/F CITY OF VIRGINIA BEACH INST.#20060522000771420 (PLAT) INST.#20060706001024770 (DEED) GPIN 1469-52-6306 INST.#20060522000771390 (PLAT) GPIN 1469-52-3280 D@ A PORTION OF LOTS 23, 24, 25 & 26 — BLOCK 2 QM LOT 20 — BLOCK 3 N/F CITY OF VIRGINIA BEACH N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060706001024770 (DEED) INST.#20060522000771400 (PLAT) INST.#20060522000771390 (PLAT) GPIN 1469-52-5486 GPIN 1469-52-5130 E@ A PORTION OF LOT 27 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771400 (PLAT) GPIN 1469-52-6433 ® LOTS 28, 29 — BLOCK 2 N/F AUGUSTUS COSTON D.B. 96, PG. 79 M.B. 3, PG. 171 GPIN 1469-52-6482 @G LOTS 30, 31 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771410 (PLAT) GPIN 1469-52-7421 H� LOT 32 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20080619000727770 M.B. 3, PG. 171 GPIN 1469-52-7336 PARCEL A N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771350 (PLAT) GPIN 1469-52-9638 EXHIBIT A (Pace 2 of 2) EXHIBIT SHOWING A CLOSURE OF A PORTION OF LOCUST CRESCENT (FORMERLY ELM STREET — M.B. 3, PG. 171) & A PORTION OF ELLIS AVENUE (FORMERLY PINE STREET — M.B. 3, PG. 171) ��'� °� AND A CLOSURE OF LAKE AVENUE AND OAK STREET o .. (M.B. 3, PG. 171) s...`�. TIM( tial i- f'JUTCHER x' VIRGINIA BEACH, VIRGINIA Lic.No. 2516 Patton Harris Rust & Associates t 7*7.` tgNp Engineers. Surveyors. Planners, Landscape Architects. NORTH CENTER DRIVE, SUITE 100 sUt�V�o� ��" 410 1 HR 1. Norfolk, VA 23502 SHEET 2 OF 2 1 1 T 757.497.7472 F 757.497.0250 ID--: TFF ° •' NOVEMBER 7, 2011 • N/A ' TIFF m ` 1 6700-1-1 4 EXHIBIT A (Pace 2 of 2) Street Closure -Portion of locust Crescent and Ellis Ave; Lake Avenue and Oak Street 8 October 10, 2012 Public Hearing APPLICANT: CITY OF VIRGINIA BEACH/PARKS AND RECREATION STAFF PLANNER: Kristine Gay REQUEST: Discontinuance, closure and abandonment of a portion of Locust Crescent and Ellis Avenue, Lake Avenue and Oak Street GPIN: ELECTION SITE SIZE: AICUZ: Adjacent to GPINs 1469524486, 1469525403, DISTRICT: 55,534 square Less than 65 dB 1469526306, 1469525486, 1469526433, 1469527421, BAYSIDE feet DNL 1469527336, 1469529638, 1469524277, 1469523280, 1469525130,1469627175 SUMMARY OF REQUEST The applicant, the City of Virginia Beach (Parks and Recreation Department), requests closure of a portion of Locust Crescent and Ellis Avenue, Lake Avenue and Oak Street. The right-of-way proposed for closure is located adjacent to property owned by the City of Virginia Beach. The City acquired 40 acres of property surrounding and nearby these unimproved streets from the City of Norfolk in four different transactions between 2005 and 2009, using funding from the Open Space Acquisition Program. A master park plan for the property was completed in 2012. Detailed site plans are now being prepared for the first phase of park improvements, which include the area of these paper streets. The streets are no longer necessary, as they provide access and service to no property owners. The closed street areas will be incorporated into the park. The City of Norfolk requires continued maintenance vehicle access to the south edge of Parcel B (GPIN 1469-52-7035). It is the intent of the City to provide a 20 -foot wide ingress/egress easement over the proposed reinforced mulch path system that will be accessed from the new southernmost parking area. CITY OF VIRGINIA BEACH PARKS AND RECREATION Agenda Item 8 Page 1 The City will record this easement at the time of resubdivison, once the street closure is approved by City Council. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped SURROUNDING LAND North: Undeveloped / P-1 Preservation USE AND ZONING: Residential / R-20 Residential Shell Road South: Undeveloped / P-1 Preservation East: . Undeveloped / P-1 Preservation Lake Lawson West: • Undeveloped / P-1 Preservation Shell Road NATURAL RESOURCE AND The space occupied by the right-of-way consists of tall deciduous trees. CULTURAL FEATURES: COMPREHENSIVE PLAN: The proposed street closure request directly implements the recommendation contained in the City's Outdoors Plan to create the Lake Lawson and Lake Smith Natural Area, and is, therefore, consistent with the Comprehensive Plan. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Since the parcels affected by the street closures are all either City of Virginia Beach or City of Norfolk owned with access easement per the Site Plan, the street closures will not cause landlocked parcels or problems with access. Therefore, Traffic Engineering has no issues with the street closures. WATER: There are no water lines in the area proposed for closure. SEWER: There are no sewer lines in the area proposed for closure. EVALUATION AND RECOMMENDATION Upon review of the application and the reasons for the request, the Viewers found that this application for a street closure presents no inconvenience to the public. The closure of a portion of Locust Crescent and CITY OF VIRGINIA BEACH PARKS AND RECREATION Agenda Item 8 Page 2 Ellis Avenue, Lake Avenue, and Oak Street, will provide the applicant with approximately 55,500 additional square feet of land to be incorporated into the development of the Lake Lawson and Lake Smith Natural Area. The use of this land as a Natural Area will benefit the immediate area, as well as serve as a natural amenity to the city. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 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 AND RECREATION Agenda Item 8 Page 3 �lyplie t rw p loft m F .� P a.. -Not thm{ton C, top NP lidi"I:iASV(' � W Ci�y�t+•`��J�� Qi t:� t �.. CID z L Y-,. Ell LAKE LAWSON / LAKE SMITH PLAN CITY OF VIRGINIA BEACH PARKS AND RECREATION Agenda Item 8 Page 5 FOR L07 OWNER INFORMA ON FOR PARCELS IDENTIFIED AS At )THROUGH@.!t D N/F N/F SF.F SHFFT 7 OF 7. CITY OF CITY OF NORVOLK LOCUST CRESCENT (VAR. R W) VIRGINIA BEACH "LAKE SMITH" / PARCEL A GPIN 1489--02- 7175 s (O.B. 2397, PC, 128) I ;r (FORMERLY ELM ST.-M.B.3, PG.171- 40' R/W) S30'20'11'W r, L_ 9.01' 317.21' E 70 P.I. 7 ;' 1 - —. - -- - -\\\-- - - 2 Ti '3 © of BLOCK LAKE41 IQ 4, _(M.S. 3,, P0, 171) l A NL//F c i -- CITY (9 VIRGINIA BEACH1.4 i b� r�xi VENUE 50' R/W) v N51'J9 20 W 299.09 m BLOCK J — LAKESIDE � (M.S. 3, P0. 171) • ' j 1H. O PROPERIY LINE m oil BY CITY DEED 10 _ NEI 124.170 1 N51:17'10`W 110,34' OA. --SIREEI UNE AS SHOWN IN M.13.3, PG. 171 AREA OF STREET CLOSURE m CITY r OF VIRGRG INIA BFA(II 55,214 SF 1.2075 AC. ry rARCEL B — — — --- INST. j200t1U7U0001024770(OEED)LINE TABLE, z w INST. 020000522000771350(PLAt) UNE — BEARING DISTANCE GPIN 1409--52-7035 MERIDIAN REFERENCE: N 1 7 "W 15,99' NRGINIA STATE PLANE COORDINATE SPSIEM _-39 p6' SOUTH ZONE, NORTH AMERICAN DATUM L4N '3 '017"W 140.08' 19831199) (HARN) (U.S. SURVEY 1`001) 1 '4 " _ 35,93' GRAPHIC SCALE EXHIBIT SHOWING A CLOSURE OF ICO So f 2 O A PORTION OF LOCUST CRESCENT (FORMERLY ELM STREET - M.B. 3, PG, 171; ( 91 nn) do A PORTION OF ELLIS AVENUE mob - 100 re. (FORMERLY PINE STREET - M.B. 3, PG. 171) A CLOSURE OF Fc� LAKE AVENUE AND OAK STREET `. �_. (M.S. 3, PG. 171) Tltl IR VIRGINIA BEACH, VIRGINIA LIe.No.751A Patton Harris Rust d Associates P ` Engineers. Surveynrs, Planners, Londscape Architects <. •ho R1tRe44o y` ��*� A 410 NORTH CENTER URNSUITE S. 100 t " Norfolk, VA 23502 nasr , ,v e T 707.407.7472 F 151.491,0250 AREAS PROPOSED FOR CLOSURE CITY OF VIRGINIA BEACH PARKS AND RECREATION Agenda Item 8 Page 6 ZONING HISTORY # DATE REQUEST ACTION 1 11/14/2006 Conditional Use Permit Church — self standing) Approved 2 05/09/2006 Change of Zoning R-20 to P-1 Approved CITY OF VIRGINIA BEACH PARKS AND RECREATION Agenda Item 8 Page 7 CONTACT INFORMATION Applicant's Name: City of Virginia Beach Parks and Recreation Department Street Address: 2405 Courthouse Drive Bldg 21 Munictpel Center CltyiStateiZlp: Virginia Beach, VA 23456 Telephone: 757-385-4310 Fax: E-mail: bdukee0gov.com Applicant's Representative: Barbera Duke, Senior Open Space Planner Street Address: sera as above CitytStatealp: Telephone: "ma as above E-mail; same as above Fax: ICATION o DESCRIPTION OF PROPERTY Street Name S Location of Closure Request (include description If part of street); sea names and locations of streets under Description of Request Map Book & Page #; M8 3 Page 171 (If created by deed prior to adoption of Subdivision Regulations, enter Deed Book, Page # and date recorded) City Council Land Area (in acres or sq. ft.): 58,382 0, Election District: Bayside DESCRIPTION OF ADJACENT PROPERTIES List'GPIN Number, towner Name, Address, and Existing Zoning of all Adjacent Properties below: (continue on next page of attach pages if necessary) 'GPIN's are available at the City's Public Works File Room or by calling 365-1819 A 1489-624486; 1469.62-6403; 1469.52-8306; 1460.52.548e; 1469.52.6433; 1469-62-7421; . 1460.62.7336; 1469.52.9638; 1469.52.4277; 1469-S2-3280; 1469-52.5130 (City of Ve Beach) 13 1469-62-7175 (Norfolk) C WeetClosureAp W&W Pape N of 19 nwleed 311 Ws CITY OF VIRGINIA BEACH PARKS AND RECREATION Agenda Item 8 Page 8 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) City of Virginia Beach 2. List all businesses that have a parent subsidiary' or .affiliated business entity, relationship with the applicant: (A(tach list /f necessary) ® Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only ff property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other uninoorporated 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) City of Virginia Beach 2. List all businesses that have a parent -subsidiary' or affiliated business entity` relationship with the applicant: (Attach list if necessary) ® Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` Sao next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yas r77 No [::� If yes, what is the name of the official or employee and the nature of their interest? James K Spore, City Manager Svw Ckosurs AppllosMn Pays 10 of 11 CITY OF VIRGINIA BEACH PARKS AND RECREATION Agenda Item 8 Page 9 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) Parsons-Bnnkerhoff WPI. a Clark Nexsen InSites Landscape Architecture ' 'Parent -subsidiary relatlonship" 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, Z 'Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (II) a controlling owner In one entity is also a controlling owner in the other entity, or (ill) 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 some 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, resouroes 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 § 2,23101. 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 responslbl r obtaining and posting the required sign on the subject property at least 3t] days prior to the uted public hearing according to the instructions in this package. The undersigned also consents entry upon the subject property by employees of the Department of Planning to photograph view the %M for purposes of processing and evaluating this application. $beet Qmro Application Page 11 of 11� Michael J. Kalvort, P&R Director Pnnt Name James K. Spore, City Manager Print Name Emmq PQ F r9n CITY OF VIRGINIA BEACH PARKS AND RECREATION Agenda Item 8 Page 10 Item #8 City of Virginia Beach Discontinuance, closure and abandonment of a portion of Locust Crescent, portion of Ellis Avenue, Lake Avenue and Oak Street District 4 Bayside October 10, 2012 CONSENT An application of the City of Virginia Beach for a discontinuance, closure and abandonment of a portion of Locust Crescent and Ellis Avenue, Lake Avenue and Oak Street, District 4, Bayside. Adjacent to GPINs 1469524486, 1469525403, 1469526306, 1469525486, 1469526433, 1469527421, 1469527336, 1469529638, 1469524277, 1469523280, 1469525130, 1469627175. CONDITIONS The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 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 #8 City of Virginia Beach 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 8 by consent. Robert McPherson, the applicant, appeared before Commission Nu �yi t� t M VYi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH (PLEASURE HOUSE POINT), Change of Zoning, PDH -1 Planned Unit Development to P-1 Preservation, Marlin Bay Drive (GPINS1489279736; 1489475533; 1489573361; 1489576761; 1489579049). BAYSIDE DISTRICT. MEETING DATE: November 27, 2012 ■ Background: The City of Virginia Beach requests a Change of Zoning for the property known as "Pleasure House Point" from the existing PD -H1 Planned Unit Development zoning to P- 1 Preservation District. Identified as a top priority for open space acquisition for the past decade, the approximately 118 -acre tract (including water and wetlands) was acquired in July 2012 by the City of Virginia Beach and the Trust for Public Land (TPL) in collaboration with the Chesapeake Bay Foundation (CBF). Considerations: Simultaneous with the closing and conveyance of the property, the land was re - subdivided to create a total of 5 parcels. Parcels 1, 2, 4 and 5 are now owned by the City of Virginia Beach. A conservation easement was recorded on Parcel 1, comprising 84 acres. Uses permitted under the easement must promote the "long term conservation of the site's land, water and hydrology, water quality and fish and wildlife" on the property. Examples include non -motorized trails, low impact water access and recreational uses consistent with those allowed in the P-1 Preservation District. A term of the conservation easement is that the City of Virginia Beach and the Virginia Department Game and Inland Fisheries collaborate to develop a long range management plan for Parcel 1. The draft master plan for this parcel depicts a passive recreational park with potential amenities such as overlooks, benches, picnic tables, shelters, pier, maritime forest restoration, wetland creation, walking trails and water access for kayak launches. The Parks and Recreation Department, along with other City personnel, and CBF worked with a citizen stakeholder committee over the past summer to develop a vision and conceptual master plan for the property. City staff will continue to work on refining the master plan concepts and develop a management plan for the property over the next year, with the help of the Virginia Department of Game and Inland Fisheries, CBF staff and representative citizen groups. The goal is to create a plan that follows the vision of the stakeholder committee that states: "Pleasure House Point Natural Area is a unique landmark on the Lynnhaven River that balances preservation and restoration of the existing natural features with low -impact public access opportunities that incorporate environmental education and stewardship in tune with the natural features of the property and adjoining waters." Parcel 3 is currently owned by TPL, and it is anticipated that Parcel 3, with 9.259 acres, will be sold to CBF in early 2013. That parcel is proposed for use as an environmental education center. City of Virginia Beach — Pleasure House Point Page 2of2 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. ■ 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 • �--�!yQ 6C;It u.-seo.. P— —Y 4 October 10, 2012 Public Hearing APPLICANT CITY OF VIRGINIA BEACH PROPERTY OWNER: CITY OF VIRGINIA BEACH, THE TRUST FOR PUBLIC LAND STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Change of Zoning (PD -H1 Planned Unit Development to P-1 Preservation District) ADDRESS / DESCRIPTION GPIN: 14892797360000 14894755330000 14895733610000 14895767610000 14895790490000 3957 Marlin Bay Drive ELECTION DISTRICT: BAYSIDE SITE SIZE: 117.796 total acres (53.194 upland developable acres) AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The City of Virginia Beach is requesting the property known as "Pleasure House Point" be rezoned from the existing PD -H1 Planned Unit Development zoning to P-1 Preservation District. Identified as a top priority for open space acquisition for the past decade, the approximately 118 -acre tract (including water and wetlands) was acquired in July 2012 by the City of Virginia Beach and the Trust for Public Land (TPL) in collaboration with the Chesapeake Bay Foundation (CBF). Simultaneous with the property closing, the land was re -subdivided to create a total of 5 parcels. A conservation easement was recorded on Parcel 1, comprising 84 acres. Uses permitted under the easement must promote the "long term conservation of the site's land, water and hydrology, water quality and fish and wildlife" on the property. Examples include non motorized trails, low impact water access and recreational uses consistent with those allowed in the P-1 Preservation District. A term of the conservation easement is that the City work with the Virginia Department Game and Inland Fisheries to develop a long range management plan for Parcel 1. CITY OF VIRGINIA BEACH — PLEASURE HOUSE POINT Agenda Item 4 Page Parcels 1, 2, 4 and 5 are now owned by the City of Virginia Beach. Parcel 3 is currently owned by TPL and it is anticipated that Parcel 3, with 9.259 acres, will be sold to CBF in early 2013; that parcel is proposed for use as an environmental education center. The draft master plan for this passive recreational park depicts potential amenities such as overlooks, benches, picnic tables, shelters, pier, maritime forest restoration, wetland creation, walking trails and water access for kayak launches. The Parks and Recreation Department, along with other City personnel, and CBF worked with a citizen stakeholder committee over the past summer to develop a vision and conceptual master plan for the property. City staff will continue to work on refining the master plan concepts and develop a management plan for the property over the next year, with the help of the Virginia Department of Game and Inland Fisheries, CBF staff and representative citizen groups. The goal is to create a plan that follows the vision of the stakeholder committee that states: "Pleasure House Point Natural Area is a unique landmark on the Lynnhaven River that balances preservation and restoration of the existing natural features with low -impact public access opportunities that incorporate environmental education and stewardship in tune with the natural features of the property and adjoining waters." LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: . Marlin Bay Drive USE AND ZONING: . City park / P-1 Preservation District • Single-family & duplex dwellings, vacant lots / PD -H1 Planned Unit Development District South: . Pleasure House Creek • Bayville Golf Club / R-40 Residential District East: . Crab Creek / R -5D Duplex District West: . Shore Drive • Vacant / PD -H1 Planned Unit Development District NATURAL RESOURCE AND Located within the Chesapeake Bay watershed, this site is 118 acres of CULTURAL FEATURES: water, tidal marsh, sandy shores and maritime forest. The shallow water estuarine environment of the property provides habitat for the iconic Chesapeake Bay blue crab and the Lynnhaven oyster. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Suburban Area and, more specifically, within the Suburban Focus Area 1 (SFA 1) — Shore Drive Corridor. The Comprehensive Plan states that Shore Drive Corridor is an integral part of the Bayfront Community, extending from North Independence Boulevard to First Landing State Park. While primarily a residential community, the corridor shares the responsibility of being one of Virginia Beach's primary east -west connectors. This area is considered a resort neighborhood and not a resort destination. The Shore Drive Corridor was designated as a Suburban Focus Area because of its unique characteristics. The area has an abundance of natural resources and passive recreational amenities, mostly due to its proximity to the Chesapeake Bay and Lynnhaven River. These amenities have attracted residential uses, including well- established neighborhoods as well as newer high density development, making the Shore Drive area the most densely populated area of the City. The Shore Drive Corridor Plan (SDCP, 2000) was adopted by reference as part of the Comprehensive Plan. The plan states that development strategies for the area should involve several major initiatives, including creating a sense of arrival at key gateways to the area, targeting opportunity sites for development, focusing on better site plan review and design quality, and promoting the area more effectively to the City and the region. (SDCP, p. 3) The plan's goal is to protect, restore and enhance the corridor to reflect the area's unique character as a residential community, and to establish a functional and CITY OF VIRGINIA BEACH — PLEASURE HOUSE POINT Agenda Item 4 Page 2 attractive scenic gateway to the Resort Oceanfront (SDCP, p. 15). One of the major vision points for the plan is "Pedestrian Access and Recreational Amenities." In this regard, the plan states that "future planning efforts following the adoption of this plan should focus on providing safe and convenient access to the area's waterways and beaches; its unique recreational assets. In particular, ...the Pleasure House Creek shoreline along Marlin Bay Drive to the site of the proposed Lynnhaven Inlet Boat Ramp facility should be preserved. " (SDCP, p. 9). More specifically, the SFA has recommendations for SFA 1.1 — Pleasure House point, "stating that if the property is developed, the following should apply (p. 3-9): Support a well planned and well-designed project that could include residential, retail, office, institutional, environmental research, or educational components or other public uses that complement the sensitive site. Include a significant open space component in any potential use, including publicly accessible waterfront open space and multipurpose trails, while adhering to all environmental regulations and minimizing social and environmental impacts. The Virginia Beach Outdoors Plan, adopted November 18, 2008 and adopted by reference as part of the 2009 Comprehensive Plan, contains recommendations for the Bayfront Planning Area portion of the plan's Northern Section. Included in the Outdoors Plan is Pleasure House Point with the recommendation to acquire a portion of the site for preservation and enhanced visual as well as physical public access to the Lynnhaven River shoreline beach and Chesapeake Bay. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Marlin Bay Drive in the vicinity of this application is considered a two-lane divided local street. It is not included on the MTP and there are no roadway CIP projects slated for this roadway. Shore Drive in the vicinity of this application is considered a four -lane divided major urban arterial. The Master Transportation Plan proposes a six -lane facility within a 150 foot right-of-way. A roadway Capital Improvement Program project is slated for this area. Shore Drive Corridor Improvements — Phase IV (CIP 2-118) will improve vehicular and pedestrian traffic flow and safety in the roadway and intersections from Marlin Bay Drive to the west end of the Lesner Bridge. It will also improve storm drainage; include a multi -use trail, a five foot sidewalk, and on -street bike lanes; and enhance the corridor with aesthetic elements such as landscaping and lighting. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Marlin Bay Drive No Data Available No Data Available2 _ Existing Zoning 5,480 ADT 17,300 ADT' (Level of Proposed Zoning 3- 0 Shore Drive 37,220 ADT' Service "C") — 31,700 ADT' (Level of Service «E", Average Daily Trips las defined by PD -H1 zoning Sas defined by P-1 zoning CITY OF VIRGINIA BEACH — PLEASURE HOUSE POINT Agenda Item 4 Page 3 EVALUATION AND RECOMMENDATION The request to change the zoning from the existing PD -H1 Planned Unit Development District to P-1 Preservation District on these five parcels is recommended for approval. Although identified in the Outdoors Plan as a high priority for City acquisition, this property was recently being considered for a large waterfront development. The Outdoors Plan recognized this site's ability to enhance preservation of our natural resources while providing opportunities for public access to the Lynnhaven River. The City, with the help of the Trust for Public Land, and in coordination with the Chesapeake Bay Foundation, the surrounding community, and local conservation groups, purchased the property in July 2012. Now, these almost 118 acres can be preserved for passive recreation and environmental educational opportunities. With 53.194 acres of upland area, this acquisition represents one of the largest undeveloped parcels of land on the Lynnhaven River. The property was recently re - subdivided to create a total of 5 parcels and it is anticipated that Parcel 3, with 9.259 acres, will be sold to the Chesapeake Bay Foundation for the establishment of an environmental education center. A conservation easement was recorded on Parcel 1, comprising 84 acres. Uses permitted under the easement are limited to non motorized trails, low impact water access and recreational uses consistent with those allowed in the P-1 Preservation District. The acquisition of Pleasure House Point will preserve wetlands and maritime forest; provide opportunities for passive recreation and nature observation; create on-site, non -motorized water access; offer interpretive education on various coastal wetland and maritime forest habitats and wildlife; present the environmental significance of the Lynnhaven estuary and the Chesapeake Bay to citizens and visitor; and, foster additional growth in community awareness and support for ongoing ecosystem understanding. CITY OF VIRGINIA BEACH — PLEASURE HOUSE POINT Agenda Item 4 Page 4 . d. , r ak ,.. f ��`";s t' ■ act r Chesapeake Say • �A. A e � w * Imo;. � � t w�Y SHORE DRIVE 0 n c'� n W N D /0 V V � 4-J v) �X W EXISTING LAND USE t CITY OF VIRGINIA BEACH — PLEASURE HOUSE POINT Agenda Item 4 Page 6 w a o a T 3 T � L v va 3S v a u � o n W N D /0 V V � 4-J v) �X W EXISTING LAND USE t CITY OF VIRGINIA BEACH — PLEASURE HOUSE POINT Agenda Item 4 Page 6 7 to 6qp� ; Agenda Item 4 Page 7 8 Mies 4 I � � 4 hpS. t �� •. 44. 8tia� Jlrfi l J •. a �zr ,r i s 7 to 6qp� ; Agenda Item 4 Page 7 8 Mies ou � I ��YYu hpS. 8tia� Jlrfi SUBDIVISION PLAT tr t1A-MP 1-4 CITY OF VIRGINIA BEACH — PLEASURE HOUSE POINT ; Agenda Item 4 Page 7 v ZONING HISTORY # DATE REQUEST ACTION 1 07/13/12 CUP (single family dwellings) Granted 2 10/28/03 10/24/00 MOD CUP (community boat dock) Granted Granted 3 06/23/98 SVR Granted 4 09/08/92 04/18/83 CUP (golf course) SVR Granted Granted 5 12/12/88 REZ (R -5D to P-1) Granted 6 11/23/87 REZ (PD -H1 to B-2) Granted CITY OF VIRGINIA BEACH — PLEASURE HOUSE POINT Agenda Item 4 Page 8 Y IL DISCLOSURE STATEMENT APPLICANT DISCLOSURE : C V6 If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business ental/ 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 DISCLOSUREVj 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) I 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if thero p pe rty owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official ora loyee oft City of Virginia Beach have an interest in the subject land? Yes _�1 No If yes, what is the name of the official or employee and the nature of their interest? James K. Spore, City Manager. Parcels 1,2,4 and 5 are operated as a public park and natural area. Rezoning Appficanon Page 9 o110 Revised 11/11,2006 DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH — PLEASURE HOUSE POINT Agenda Item 4 Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) WPL Landscape Architecture, Land Surveying, Civil Engineering Kimley-Hom Associates '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 sch5odied public hearing according to the instructions in this package. The undersigned also consents entry upon the subject property by employees of the Department of Planning to photograph d view the site for purposes of processing and evaluating this application. than Michael J. Kalvort, P&R Director Print Name James K. Spore, City Manager Print Name Rezoning Application Page 10 of 16 Revised 11111/06 DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH — PLEASURE HOUSE POINT Agenda Item 4 Page 10 0 U a a L 0 z z 0 N 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) WPL ' "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 re sible for obtaining and posting the required sign on the subject property at least 30 days prior to scheduled public hearing according to the instructions in this package. The undersigned also sents to entry upon the subject property by employees of the Department of Planning to photo ph and view the site for purposes of processing and evaluating this application. f�� Michael J. Kalvort, P&R Director AppIi ° n lgnature Print Name r� Lynda Frost, Trust for Public Land Property Owner' Sin re (if different than applicant) Print Name Rezoning Application Page 10 of 10 DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH — PLEASURE HOUSE POINT Agenda Item 4 Page 11 Trust for Public Lend Officers: Raymond Christman, Senior Vice President, Mid South Division Director, Sean Connolly, Senior Vice President and Chief Markcting Officer, Ernest Cook, Senior Vice President, Conservation Director, Jeff banter, Senior Vice President, Atlantic Seaboard Division Director, Kathy DeCoster, Vice President and Director of Federal Affairs, M. Holly Haugh, Senior Vice President and General Counsel, Roger Hoesterey, Senior Vice President and Division Director West, Christopher Kay, Executive Vice President, Chief Operating Officer, Margie Kim Bermeo, Senior Vice President and Chief Philanthropy Officer, William B. Rogers, President and Chief Executive Officer, Cindy Scherer, Senior Vice President and Chief Financial Officer, Brenda Schick, Vice President and Director of Conservation Transactions, Barbara Smith, Vice President and Senior Director of Human Resources DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH — PLEASURE HOUSE POINT Agenda Item 4 Page 12 Item #4 City of Virginia Beach (Pleasure House Point) Change of Zoning Marlin Bay Drive District 4 Bayside October 10, 2012 CONSENT An application of the City of Virginia Beach (Pleasure House Point) for a Conditional Change of Zoning from PD -H1 Planned Unit Development to P-1 Preservation District on property located at 3957 Marlin Bay, District 4, Bayside. GPIN: 14892797360000 14894755330000;14895733610000;14895767610000;14895790490000. The request to change the zoning from the existing PD -H1 Planned Unit Development District to P-1 Preservation District on these five parcels is recommended for approval. Although identified in the Outdoors Plan as a high priority for City acquisition, this property was recently being considered for a large waterfront development. The Outdoors Plan recognized this site's ability to enhance preservation of our natural resources while providing opportunities for public access to the Lynnhaven River. The City, with the help of the Trust for Public Land, and in coordination with the Chesapeake Bay Foundation, the surrounding community, and local conservation groups, purchased the property in July 2012. Now, these almost 118 acres can be preserved for passive recreation and environmental educational opportunities. With 53.194 acres of upland area, this acquisition represents one of the largest undeveloped parcels of land on the Lynnhaven River. The property was recently re -subdivided to create a total of 5 parcels and it is anticipated that Parcel 3, with 9.259 acres, will be sold to the Chesapeake Bay Foundation for the establishment of an environmental education center. A conservation easement was recorded on Parcel 1, comprising 84 acres. Uses permitted under the easement are limited to non motorized trails, low impact water access and recreational uses consistent with those allowed in the P-1 Preservation District. The acquisition of Pleasure House Point will preserve wetlands and maritime forest; provide opportunities for passive recreation and nature observation; create on-site, non -motorized water access; offer interpretive education on various coastal wetland and maritime forest habitats and wildlife; present the environmental significance of the Lynnhaven estuary and the Chesapeake Bay to citizens and visitor; and, foster additional growth in community awareness and support for ongoing ecosystem understanding. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE Item #4 City of Virginia Beach (Pleasure House Point) Page 2 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 4 by consent. Carolyn Smith appeared before the Commission on behalf of the applicant. K. 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 HISTORIC PRESERVATON COMMISSION HISTORICAL REVIEW BOARD PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL SESSIONS December 2012 December 4 Briefing, Informal, Formal 6:00 P.M. Open Dialogue December ll Briefing, Informal, Formal 6:00 P.M. 2012 CITY HOLIDAYS Monday, December 24 Christmas Eve (half-day) Tuesday, December 25 Christmas Day Agenda 11/27/2012/gw