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HomeMy WebLinkAboutJULY 7, 2009 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" OTY COUNOL MAYOR WILLIAM D, SESSOMS ,JR" At-Large VICE MA YOR LOUIS R, JONES, Bayside - District 4 GLENN R, DA VIS, Rose Hall - District 3 WILLIAM R, DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District I BARBARA M. HENLEY. Princess Anne - District 7 JOHN E, UHRIN, Beach - District 6 RON A, VILLANUEVA, At-Large 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 - JERALD BANA GAN CITY AUDITOR - LYNDON S, REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 7 JULY 2009 1. CITY MANAGER'S BRIEFING - Conference Room - A. HEALTH CARE PLAN and RATES for 2010 Susan Walston, Deputy City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW v. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION II I II CITY HALL BUILDING 2401 COURTHOUSE DRiVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 3:30 PM 5:00 PM V1. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Rabbi Howard Mandell Temple Emanuel C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITEtf'ST A TES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 23, 2009 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTIONS HONORING MEMBERS OF THE MINORITY BUSINESS COUNCIL a. Prescott Sherrod b. Luis A. Rivera 1. PUBLIC HEARING 1. LEASE OF CITY PROPERTY Friends of Ferry Plantation House - 4136 Cheswick Lane J. CONSENT AGENDA II , II K. ORDINANCES/ RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to execute a five (5) year Lease with Friends of the Ferry Plantation House, Inc. at 4136 Cheswick Lane 2. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned rights- of-way for JOHN F. and PAIGE C. FERGUSON re maintenance of an existing front porch and steps, two brick walks and two stone walks at 49th Street and Myrtle Avenue DISTRICT 5-LYNNHAVEN 3. Ordinance to ACCEPT a Cooperative Agreement for legal services between City Council and the School Board and AUTHORIZE Mayor Sessoms to execute said Agreement for FY 2010 4. Ordinance to DONATE a 1986 Bookmobile to the Pasquotank-Camden County Library in Elizabeth City, North Carolina 5. Resolution to AUTHORIZE and DIRECT the City Manager to exec:ute a contract with the Virginia Department of Health re Soil Drainage Management 6. Resolution to RE-ADOPT the procedures for considering unsolicited requests from private entities re qualifying projects under the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) that includes recent legislative updates; and, DIRECT the City's Purchasing Agent to make these procedures available to the public by posting them in the Purchasing office and on the City's website. L. PLANNING 1. Application ofBPMS CASCADES, LLC & BPMS CASCADES 2, LLC for a Modification to delete Proffer No.4 and allow 24-hour operation for retail uses at Centerville Turnpike and Lynnhaven Parkway. (Approved by City Council on February 12, 2008) DISTRICT 1 - CENTERVILLE DISTRICT Recommendation APPROVAL 2. Application of PUNGO AIRFIELD, L.L.C. for a Conditional Use Permit re a recreational facility of an outdoor nature (car racing, paintball) and a mulch facility at 1848 Princess Anne Road (Deferred by City Council June 9, 2009). DISTRICT 7 - PRINCESS ANNE DISTRICT Recommendation APPROVAL 3. Application of RAMON P. and CAROL J. JOYCE for a Conditional Use Permit re a residential kennel for a maximum of five (5) adult dogs at 1064 Salisbury Drive. DISTRICT 6 - BEACH Recommendation APPROV AL 4. Application of EVERETTE LEE BROWN, for a Conditional Use Permit re a bulk storage yard for construction equipment and recreational vehicles at 1333 Dukes Lane near Great Neck Creek. DISTRICT 6 - BEACH Recommendation APPROVAL 5. Application of WILLIAM E. and MICHAEL W. CHAPLAIN, TRUSTEES OF THE CHAPLAIN LAND TRUST for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District at 1073 Princess Anne Road near Mill Landing Road. DISTRICT 7 - PRINCESS ANNE DISTRICT Recommendation APPROVAL 6. Ordinance to REPEAL ~ 1611.1 and AMEND ~ 1618 of the City's Coastal Primary Sand Dune Zoning Ordinance re construction of bulkheads in the Sandbridge Beach Subdivision. DISTRICT 7 - PRINCESS ANNE DISTRICT Recommendation APPROVAL M. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION PARKS and RECREATION COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ********************************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** Agenda 7/7/09st www.ybeoy.com II COUNCIL SCHEDULE FOR JULY AND AUGUST Jul Jul Jul Au Au Au Au Au Virginia Beach City Council Will Host a PUBLIC MEETING 7:00-8:30 PM THURSDA V, AUGUST 13TH Virginia Beach Convention Center Purpose: Discuss 2010 General Assembly Legislative Agenda ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** II 1. CITY MANAGER'S BRIEFING - Conference Room - 3:30 PM A. HEALTH CARE PLAN and RATES for 2010 Susan Walston, Deputy City Manager II. CITY COUNCIL LIAISON REPORTS II1. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW II I II 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 II V1. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Rabbi Howard Mandell Temple Emanuel 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 June 23, 2009 G. FORMAL SESSION AGENDA .tsnlutiutt CERTIFICA TION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. II H. MAYOR'S PRESENTATION 1. RESOLUTIONS HONORING MEMBERS OF THE MINORITY BUSINESS COUNCIL a. Prescott Sherrod b. Luis A. Rivera 1. PUBLIC HEARING I. LEASE OF CITY PROPERTY Friends of Ferry Plantation House - 4136 Cheswick Lane II I II Itsuluttnu A RESOLUTION COMMENDING PRESCOTT SHERROD, FORMER CHAIRPERSON OF THE MINORITY BUSlTVESS COUNCIL WHEREAS: Prescott Sherrod is the President/CEO and Owner of PEMCCO, Inc. a minority- owned systems integration, installation and management services firm with the corporate office located In the City of Virginia Beach; WHEREAS: City Council appointed Mr. Sherrod to the City's Minority Business Council in 1003 and has reappointed him to additional two-year terms in 20U5 and 2007; WHEREAS: the Minority Business Council elected Mr, Sherrod to succeed Founder, Louisa Strayhorn, as Chair in 2006, he served the remaining portion of her term, plus two one-year terms as Chair; WHEREAS: under Mr. Sherrod's leadership. the Mmority Business Council lIndertook a number of successjul initiatives to promote increased. involvement in City contracting by woman-owned and minority-owned businesses, including: . a substantial revision of the City Code requirements regarding minority-owned and wuman-ol1'1le.d busines~' participation efforts by City contractors . il dramatic increase in the amount of statistical data gathered by the City regarding contract awards and City expenditures . a significant Internet presence for the Minority Business Council, including multiple tools to assist City contractors in matching qualified minority-owned and woman-owned subcontractors with the needs o.fprime contractors, and assisting minority-owned and woman-owned prime comractors in identifYing City contracts for which they can compete . appointment of a Minority Business Council Liaison to the City's Development Authority' . implementation o.f an Administrative Directive that promotes accountability jor City department's use ofdelt:gated purchasing authority . adoption o.f a Vision Statement for the Minority Business Council. as well as By-Laws that, among other things, established committees regarding policy. oUlreach. data collection and ana/vsis and minority Gl'....areness . increased outreach efforts to the community through the implementation of an Industry Hour at Minority Business Council meetings, establishment of an Associate program that directly involves minority and women business owners in Minority BusineH Council activities and initiatives, and publication o.f Progress, the Minority Business Council's newsletter; . adoption by City CounCIL of a Resolution that sets a goal o.f 10% for minority participation in City contracts; WHEREAS: Mr, Sherrod's passion for our community and minority business interests is evident in his sen'ice as a Commissioner of the Virginia Beach Development Authority, President of the Hamplon Roads Chapter of the Conference of Minority Transportation Officials. 2nd Vice President of the TransportatIOn Disadvantaged Business Enterprise Advisory Committee and appointment bv Governor Kaine as the 2nd Congressional District representative to the Small Business Advisory Board; and, WHEREAS: Mr. Sherrod's tireless efforts on beha(( of the City of Virginia Beach and the Minority Business Council have opened countless doors for small and disadvantaged businesses throughout the City and has improved the quality o( life for all our residents. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council, on behalf of the citizens of Virginia Beach, hereby commends Prescott Sherrod/or his exemplary service as Chair of the Minority Business Council. 'lman Ronald J. A. .. Ron" Villanueva \ I, Itsolutinu A RESOLUTION COMMENDING LUIS A. RIVERA FOR HIS SERHCE ON THE VIRGINIA BEACH MINORITY BUSINESS COUNCIL WHEREAS: Luis A, Rivera was appointed by the Virginia Beach City Council to the Virginia Beach Minority Business Council on January 11, 2000, and has been reappointed to four additional terms by City Council, in recognition of his strong work ethic and commitment to our City; WHEREAS: Mr, Rivera has drawn on his many talents and experiences as a se(f-employed business leader. as well as his background in broadcast journalism, to actively and enthusiastically support the Minority Business Council in all of its efforts during the past nine-and-a-half years; WHEREAS: Mr, Rivera has served the Minority Business Council in leadership roles-including a term as Vice-Chair-and as an active member on multiple Minority Business Council committees and work groups; WHEREAS: Mr, Rivera '.I' support of the Minority Business Council '.I' annual Expo LInd other public outreach evellls is especially noteworthy and ranged from publicizing Minority Business Council events in the media-including radio spots and bilingual outreach to our Spanish-speaking residents-to serving as Master Of Ceremoniesfor multiple Expos and events; and, WHElU."'AS: Mr, Rivera has tirelessly given of his time and talents to the Minority Business Council fill' near(v " decade. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council, on behalf of all Cil} residents and business owners, hereby commends and thanks Luis A, Rivera for his volunteer service to our City as a member oj the Virginia Beach Minority Business Council. ~7 Vice Mayo/' L R. Jones 62-'~~ Councilman Ronald J. A. .. Ron" Villanueva y ames L. Wood PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council wil! hold a PUBLIC HEARIN( }n the proposed leasing of City-owned property on Tuesday, July 7, 2009, at 6:00 p.m. in the Council Chamber of the Cit~ Hall Building iBuifding #1) at the Virginia Beach Municipa Center, Virginia Beach, Virginia. The purpose of this Hearing NHI be to obtain public comment on the City's proposal tc ,ease the following property: 4136 Cheswick Lane, Virginia Beach, VA 23455 (GP'F\ 1478-92-7014) to the Friends of Ferry Plantation House, Inc. for use as a historic house museum. if you are physically disabled or visually impaired and neBd assistance at this. meeting, please call the CITY' CLERK'S OFFICE at 385-4303; Hearing ;mpaired, call nv Gnly 711. ,\ny questions concerning this matter shouid iJe directed to ,lie Department of Management Ser"ices - Facilities ';lanagement Office, Room .228, Building 18, "t the Virginia Beach Municipal Center. The Facilities Management Office e!ephcne number is (757) 385 5659. Ruth Hodges Fraser, MMC :::ity CINk Beacon June 28, 2009 20214020 II I II J. CONSENT AGENDA K. ORDINANCES/ RESOLUTIONS I. Ordinance to AUTHORIZE the City Manager to execute a five (5) year Lease with Friends of the Ferry Plantation House, Inc. at 4136 Cheswick Lane 2. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned rights- of-way for JOHN F. and PAIGE C. FERGUSON re maintenance of an existing front porch and steps, two brick walks and two stone walks at 49th Street and Myrtle Avenue DISTRICT 5-LYNNHAVEN 3. Ordinance to ACCEPT a Cooperative Agreement for legal services between City Council and the School Board and AUTHORIZE Mayor Sessoms to execute said Agreement for FY 2010 4. Ordinance to DONATE a 1986 Bookmobile to the Pasquotank-Camden County Library in Elizabeth City, North Carolina 5. Resolution to AUTHORIZE and DIRECT the City Manager to execute a contract with the Virginia Department of Health re Soil Drainage Management 6. Resolution to RE-ADOPT the procedures for considering unsolicited requests from private entities re qualifying projects under the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) that includes recent legislative updates; and, DIRECT the City's Purchasing Agent to make these procedures available to the public by posting them in the Purchasing office and on the City's website. II ~.) FJ " ~ .,....~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Five Years with Friends of Ferry Plantation House, Inc. for 4,488 Square Feet of City-Owned Property Located at 4136 Cheswick Lane in the City of Virginia Beach MEETING DATE: July 7,2009 . Background: Friends of Ferry Plantation House, Inc. ("FFPH"), restored and currently operates 4,488 square feet of property, including the historic Ferry Plantation House, located at 4136 Cheswick Lane in the City of Virginia Beach (the "Property"). FFPH operates the Property as a historic house museum for the benefit of the general public. FFPH wishes to lease the Property from the City of Virginia Beach (the "City") for a period of five (5) years. During the term of the lease, FFPH will continue to operate the Property as a historic house museum and will offer historic exhibits and complementary activities designed to preserve the historic nature of a mid-nineteenth- century historic house museum. The Ferry Plantation House will be open to the general public at least 120 days and a total of 1,000 hours per year. . Considerations: This lease would be for a term of five (5) years, and the City has a sixty-day (60) termination option. No repairs, improvements or alterations may be made to the Ferry Plantation House without the prior approval of the City's Historic Resource Coordinator, Building Maintenance Administrator, and when required by City Ordinance, the Historical Review Board. . Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda . Alternatives: Approve terms of the Lease Agreement as presented, alter terms of the proposed Lease Agreement or decline to lease the subject premises. . Recommendations: Approval . Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval Jf!t Submitting Department/Agency: Management Services / ~Iities Management Office City Manage~\ \( . ~ D"W1... II I II 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE 3 YEARS WITH FRIENDS OF FERRY PLANTATION 4 HOUSE, INC. FOR 4,488 SQUARE FEET OF CITY- 5 OWNED PROPERTY LOCATED AT 4136 6 CHESWICK LANE IN THE CITY OF VIRGINIA 7 BEACH 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 10 certain 4,488 square foot parcel located at 4136 Cheswick Lane in the City of 11 Virginia Beach (the "Property"); 12 13 WHEREAS, Friends of Ferry Plantation House, Inc., a Virginia 14 corporation., ("FFPH") desires to lease the Property, including the historic Ferry 15 Plantation House on the Property (collectively, the "Premises"). FFPH has 16 agreed to lease the Premises from the City for five years with a lease payment of 17 One Dollar ($1.00) per year; 18 19 WHEREAS, Under prior agreements with the City, FFPH has been 20 restoring and operating the Premises since 1997; and 21 22 WHEREAS, FFPH and the City have agreed on terms of a lease where 23 FFPH will lease the Premises for use as a museum for the benefit of the general 24 public. 25 26 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for the term 30 of five years between Friends of Ferry Plantation House, Inc. and the City of 31 Virginia Beach, for the 4136 Cheswick Lane, in accordance with the Summary of 32 Terms attached hereto and made a part hereof, and such other terms, conditions 33 or modifications deemed necessary and sufficient by the City Manager and in a 34 form deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the 37 day of ,2009. /-~ APPROVED AS 0 LEGAL SUF.FICI~N~.,::~~~. D.:~O~/ R // .. //, . / /" ,f/ /' ;,V.' ).L. /' _// ~ /'. ~ .,;;':' /" ,/ City Attorney APPROVED AS TO CONTENT '~ /;{ Managem t ~ervices~7 Facilities Management CA11017 \\vbgov,comldfs I lapplications\citylawprod\cycom32\ Wpdocs\DO II IPOO5\OOO 12241 ,DOC R-1 June 26, 2009 2 ,II II I II SUMMARY OF TERMS LEASE FOR THE USE OF 4,488 SQUARE FEET OF CITY-OWNED REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Friends of Ferry Plantation House, Inc. PREMISES: Approximately 4,488 square feet of City-owned property, including the historic Ferry Plantation House, located at 4136 Cheswick Lane in the City of Virginia Beach TERM: July 1, 2009 through June 30, 2014. RENEWAL: None without further Council action. TERMINATION: City may terminate at any time on sixtY (60) days' written notice to Lessee. RENT: Rent shall be one dollar ($1.00) per year. RIGHTS AND RESPONSffiILITIES OF FERRY PLANTATION HOUSE, INC.: . Operate the Ferry Plantation House as a historic house museum, open to the general pubIlc at least 120 days and a total of 1000 hours per year. Will also operate ancillary functions to the museum, including a gift shop. . No repairs, alterations or renovations without the prior approval of the City's Historic Resources Coordinator, Building Maintenance Administrator, and when required by City Ordinance, the Historical Review Board. . Will obtain a Phase I archaeological survey prior to disturbing any earth and shall clean, catalog and mark any excavated materials. . Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. . Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises, RIGHTS AND RESPONSffiILITIES OF THE CITY: · Subject to appropriation by City Council, the City shall be responsible for: (i) design and management of major maintenance projects; (ii) provide for payment of all utilities and fees pertaining to electricity, heating, fuel, water, sewer and solid waste collection; (iii) maintaining the grounds. V:\applications\citylawprod\cycom32\ WpdocsID0271P002\OOO36112,DOC II I II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into portions of City rights of way known as 49th Street and Myrtle Avenue for John F. Ferguson and Paige C. FergusoR MEETING DATE: July 7, 2009 . Background: John F. Ferguson and Paige C. Ferguson have requested permission to maintain an existing wooden front porch and steps, two (2) brick walks and one (1) stone walk into a portion of the City right of way of 49th Street and one (1) existing stone walk into a portion of the City right of way of Myrtle Avenue. . Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the attached Agreement. . . Public Information: Advertisement of City Council Agenda . Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the Agreement. . Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate 91r ~ I1D City Manage~ k . ~~ t,-, 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO PORTIONS OF THE CITY 6 RIGHTS-OF-WAY KNOWN AS 49TH 7 STREET AND MYRTLE AVENUE FOR 8 JOHN F. FERGUSON AND PAIGE C. 9 FERGUSON 10 11 WHEREAS, JOHN F. FERGUSON AND PAIGE C. FERGUSON desire to 12 maintain an existing wooden front porch and steps, two (2) brick walks and one (1) 13 stone walk in a portion of the City right-of-way of 49th Street and one (1) existing stone 14 walk into a portion of the City right-of-way of Myrtle Avenue, all located adjacent to their 15 property located at 300 49th Street, in the City of Virginia Beach, Virginia. 16 1 7 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's right-of-way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in 99 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, JOHN F. FERGUSON and 25 PAIGE C. FERGUSON, their heirs, assigns and successors in title are authorized to 26 maintain temporary encroachments for an existing wooden front porch and steps, two 27 (2) brick walks and one (1) stone walk into a portion of the City right-of-way of 49th 28 Street and one (1) existing stone walk into a portion of the City right-of-way of Myrtle 29 Avenue as shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT 30 EXHIBIT FERGUSON RESIDENCE #300 49TH STREET GPIN: 2418-88-4370 LOT 190, 31 A MAP, OF THE HOLLIES (MB 6, P. 107) VIRGINIA BEACH, VIRGINIA," a copy of 32 which is on file in the DepartmElnt of Public Works and to which reference is made for a 33 more particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and JOHN F. FERGUSON and PAIGE C. FERGUSON (the 38 "Agreement"), which is attached hereto and incorporated by reference; and 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 44 time as JOHN F. FERGUSON and PAIGE C. FERGUSON and the City Manager or his 45 authorized designee execute the Agreement. 46 47 48 of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. CA-11022 X:IOIDIREAL ESTATEIEncroachmenlslPW OrdinanceslCA11022 Ferguson Ordiance,doc V:lapplicationslcilylawprodlcycom32IWpdocs\D012IP005100015623.DOC R-1 PREPARED: 06/15/09 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P o \tll'ij0\ 0t Nell c: Ford, Special Council for the City Attorney II I II day PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811{C) (4) THIS AGREEMENT, made this 13th day of April, 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN F. FERGUSON and PAIGE C. FERGUSON, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 190" as shown on that certain plat entitled: "A MAP OF THE HOLLIES ON THE ATLANTIC OCEAN ADJOININGVIRGINIA BEACH PROPERTY OWNED BY COLLIN'S HEIRS" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 6, at page 107, and being further designated, known, and described as 300 49th Street, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain em existing wooden front porch and steps, two (2) brick walks and two (2) stone walks, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED) 2418-88-4370-0000 II I II WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of the existing City rights of way known as 49th Street and Myrtle Avenue, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT EXHIBIT FERGUSON RESIDENCE # 300 49TH STREET GPIN: 2418-88- 4370 LOT 190, A MAP OF THE HOLLIES (MB 6, P. 107) VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood an d agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall defend, indemnify, and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction" location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agre~s to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, Gombined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material 3 I II change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood a nd agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Ag-reement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JOHN F. FERGUSON and PAIGE C. FERGUSON, husband and wife, collectively, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be 4 executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 I II CIl"Y OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2009, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGiNIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2009, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 S OF VIRGINIA CITY 0 GINIA BEACH, to-wit: instrument was acknowledged before day of CITY OF VIRGINIA BEACH. STATE OF V~/~;~ \ ~ . ~ (( CITY!COU~4TY- OF) v fru~ ~ to-wit: The foregoing instrument was acknowledged before me this ( ~+- day of ,2009, by JOHN F. FERGUSON. Notary Notary Registration Number: If (I 'I,L )".\y?! ) Vtlf f ~PAULiiJKS ------~- NOTARY PUBLIC COMMONWEAl.'TH OF VIRGINIA MYCOMMISSIONEXPlRES... JU. LY31,2011 OOMMI9SION_~_~~~.32 ,,,,,,,',r...,..,,- .,';::>:'<~ My Commission Expires: 7 II I II STATE OF V; (,,(~ \ A ~ 4 CITY/COUNTY OF V I. 'c , to-wit: The foregoing instrument was acknowledged before me this JL day of , 2009, by PAIGE C. FERGU SON. Notary Registration Number: My Commission Expires: J.l'f , Notary 1(0 'I"ll- )} ~t,( I Gi-~."' '- .... PAUL lUI\:8."-' ...-. NOTARYPUBUC. MY ~1lfOFVJRGINIA i ~~se,:':~o~J:" ,'31.2011 .. .......'''.;;',."..,.*'*"....''t~~...:.:. . APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM rc'~~ 5 NATURE Plv ft~A' &Mr DEPARTMENT (\ \ ,\r i..f \ 1 \ \Lt .. .J.,JlA (1\ \:"~('\d.Q (\'A Nell L. Ford Special Counsel for the City Attorney X:\Projects\Encroachments\Applicants\Ferguson, John F., et ux\Agreement Encroachment.doc 8 VIRGINIA POWER OVERHEAD LINES VIRGINIA POWER POLE ~ ~~ ~~ q:: ~::e"::'-. '>.;:..!:::l ~~~ -, '- C> Cl:: t:: l:t ~ ~~ It) II) ~ ~~~ lu~ ~~ ~ ~~ ~ LOT-163 LOT-.164 .::l LOT-191 .. " c ~ Qi ~ tJ~ ~~ ~~ Vi, ~;:-..N ~~ ?i2..... ~ ~Q.: 10' (Q ~ '=- .::l " GRAVEL ROADWAY HVAC PADS " p~( .. 1"0&4'0 BRICK WALK 0.31' " -9-,0 ?'/':. Ou ~ .. ~~ :::t~ u~ Ze.: 80 " MAIL BOX "- EDGE' OF ~;VEMENT STONE WALK ,49TH ~ 10' R/W '" STREET (FORMERLY AVENUE E) (M.8. 62, P. 49) .1. .~ dote: 07/01 /08 re~ised: 02/13/09 file: 20B-0205_Ex.dwg tech: WJW project: ENCROACHMENT EXHIBIT FERGUSON RESIDENCE -300 49th STREET GPIN. 2418-88-4370 LOT 190. A MAP OF THE HOLLIES CM.B. 6. P. 107) VIRGINIA BEACH, VIRGINIA proj, no. 208-0205 Londscape Architects 757.431.1041 L9'1d Su~veyors wplsite.com Civil Engineers 242 Mustang Troil, Suite 8 Vir inio Beech, VA 23452 scale: I drawing title: 19.25' EXHIBIT 'A' Ii I, I II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving a Cooperative Agreement Between the City Council and the School Board of the City of Virginia Beach Pertaining to Legal Services to be Provided to the School Board and School Administration by the Office of the City Attorney in Fiscal Year 2010 MEETING DATE: July 7,2009 . Background: Since 1996, the City Council has entered into a Cooperative Agreement for the City Attorney to provide legal services to the School Board. Each year, the Agreement is presented to the City Council for approval. On June 16, 2009, the attached Cooperative Agreement was approved by majority vote of the School Board. . Considerations: Under the Cooperative Agreement between City Council and the School Board, the City Attorney's Office will continue to provide 4,125 hours of legal service to the School Division and will be reimbursed for the direct cost of those services. One Deputy City Attorney (Kamala H. Lannetti), one Associate City Attorney (LaRana J. Owens), ~nd one legal secretary (Anna Blanton) are located in the School Administration Building, and the Deputy City Attorney coordinates the delivery of additional legal services, as needed, by other attorneys in the City Attorney's Office, as well as outside counsel. . Public Information: The ordinance is to be advertised as a routine agenda item. . Recommendation: It is recommended that the City Council approve the Cooperative Agreement and authorize Mayor Sessoms to execute it on behalf of the City Council. . Attachments: Ordinance Cooperative Agreement Recommended Action: Approval Submitting Department/Agency: City Attorney~ City Manager~ ~,as~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY A TIORNEY IN FISCAL YEAR 2010 WHEREAS, the Office of the City Attorney has, for a number of years, provided legal services to the Virginia Beach School Board and School Administration pursuant to Cooperative Agreements; WHEREAS, the Cooperative Agreement for FY 2009, which expired on June 30, 2009, provides that U[t]his Cooperative Agreement ... may be revised, as necessary, and renewed each fiscal year ...;" and WHEREAS, City Council agrees that it is in the best interests of the City and the School Board for the Office of the City Attorney to continue to provide legal services to the School Board pursuant to the revised Cooperative Agreement for FY 2010. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby approves the Cooperative Agreement for FY 2010, a copy of which is attached hereto. 2. That the Mayor is hereby authorized to execute the Cooperative Agreement on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of ,2009. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ~~,~ City Attorney CA11176 R-1 June 18, 2009 I ,II II I II COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE ,SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2010 Factual Back2round: 1. Citv Charter Authority. Chapter 9 of the Charter ofthe City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authoritv. The School Board is established by the Virginia Constitution, the City Charter, and provision~ of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authoritv to Hire Le2al Counsel. The School Board IS authorized by Section 22.1-82 ofthe Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Reco2nized Reasons to Share Le2al Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to 1 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Jud2ment of City Attornev. The Virginia Rules of Professional Conduct for the Legal Ptofession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Councilor the School Board, and assist the City Attorney in avoiding any violation 'or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City D)r the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Obiectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery 2 , I ill II I II of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. A2Teement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Le2al Staffin2. The Office of the City Attorney will provide the equivalent of two and one half (2 Y2) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2010. The services to be provided as follows: A. The City Attorney will assign two attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time (i.e., approximately 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and LaRana Owens, Associate City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal-needs ofthe School Board and School Administration in accordance paragraph 1D. B. The City Attorney will dedicate one Secretary on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school-related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural Issues, 3 litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions ofthis Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to' represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and Sehool Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of 4 I I' 'II II the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Manaeement of Leeal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concernine Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Leeal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. 5 6. Nature of A2reement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $351,267.90 from its FY 2010 Operating Budget to the FY 2010 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, certain office supplies, and certain administrative costs of two and one half (2.5) attomeys and one (1) Legal Secretary. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and Termination of A2reement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2009, and ends June 30, 2010, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. 6 'I I, I I The parties hereby agree to the terms set for the above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: c.:>,,/ Daniel D. Edwards, Chairm School Board ofthe City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on :r~ 1(.1 ,2009. By:~-P.~ School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: William Sessoms, Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on ,2009. By: City Clerk 7 I i I I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Donate the 1986 Bookmobile to the Pasquotank-Camden County Library in Elizabeth City, N.C, MEETING DATE: July 7,2009 . Background: The City of Virginia acquired a new bookmobile in 2007, replacing a 1986 model bookmobile that had been used previously. The City has not disposed of the 1986 vehicle, but there is no functional need that requires it be kept. The Pasquotank-Camden County Library bookmobile was involved in a traffic accident and is deemed to be a total loss. At the current time, they do not have sufficient funds to replace their bookmobile, and they have requested the City of Virginia Beach donate our 1986 bookmobile so they can continue providing service to their residents. . Considerations: The 1986 bookmobile is functional, but it has minimal asset value. The vehicle does have Virginia Beach markings which will need to be removed by Pasquotank-Camden County Library prior to using. . Public Information: Advertisement will be as part of the City Council agenda. . Alternatives: Donate, loan or rent the 1986 bookmobile to Pasquotank-Camden County Library or continue to maintain the vehicle in the Virginia Beach fleet. . Recommendations: Donate the 1986 bookmobile to Pasquotank-Camden County Library. . Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Public Works City Manage~ \( .~\IY2-L 1 AN ORDINANCE TO DONATE THE 1986 BOOKMOBILE 2 TO THE PASQUOTANK-CAMDEN COUNTY LIBRARY IN 3 ELIZABETH CITY, NC 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 Whereas, pursuant to Virginia Code 9 15.2-953(C), the City may donate personal 9 property to another governmental entity outside of the Commonwealth of Virginia; and 10 11 Whereas, the 1986 Bookmobile no longer serves a useful purpose for the City of 12 Virginia Beach; and 13 14 Whereas, the Pasquotank-Camden County Bookmobile was involved in a traffic 15 accident and has been deemed a total loss by their insurance carrier; and 16 17 Whereas, due to the economic downturn, Pasquotank-Camden County is unable 18 to purchase a replacement at this time; and 19 20 Whereas, the Pasquotank-Camden County Library in Elizabeth City, N.C., 21 requested that the City of Virginia Beach donate the 1986 Bookmobile. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the 1986 Thomas 3185B Bookmobile is hereby donated to Pasquotank- 27 Camden County Library in Elizabeth City, N.C. of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day Approved as to Content: Approved ~s to Legal Sufficiency: ~,~~O, j~ Management Services '~ .,' .-...... ..",...----..' City P\ rney's Office CA11175 R-2 June 26, 2009 II II ,\: <,0 f~ ~ \< J ~"" / --... ~t .". ~~tI~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute on behalf of the City, a Contract between the City of Virginia Beach and the Virginia Department of Health Pertaining to Soil Drainage Management MEETING DATE: July 7,2009 . Background: The City of Virginia Beach and the local Health Department currently review Land Management plans for the disposal of sewer in certain areas of the City where conventional sewer systems are not workable. To continue this practice the City and the State Health Department must enter into a written contract regarding Soil Drainage Management (Land Management). This contract has been negotiated between the two parties and signed by the State Health Department. This Resolution directs and authorizes the City Manager to sign the contract for the City. . Considerations: The provisions of the contract provide for the division of responsibilities between the City and the local Health Department in regard to Land Management. These responsibilities are the ones currently being exercised by both parties. . Public Information: The Resolution will be advertised with the regular agenda items. . Alternatives: To continue the Land Management program the City must sign a contract with the State Health Department. . Recommendations: Approve the Resolution. . Attachments: Resolution, Summary of Terms Recommended Action: Approval Submitting Department/Agency: Planning/ Jack Whitne~ City Manager:~ k ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY, A CONTRACT BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA DEPARTMENT OF HEALTH PERTAINING TO SOIL DRAINAGE MANAGEMENT WHEREAS, the Virginia State Board of Health ("the Board") has supervision and control over the safe and sanitary collection, conveyance, transportation, treatment and disposal of sewage, all sewerage systems and treatment works, and has promulgated regulations reasonably designed to protect the public health and to promote the public welfare, which regulations are administered and enforced locally by the City of Virginia Beach's Health Department ("City Health Department"); and WHEREAS, it .is the policy of the City Health Department to grant sewage disposal system permits for private residential systems utilizing subsurface soil absorption (soil drainage management or land management) whenever such permits can be granted without endangering public health; and- WHEREAS, in parts of Virginia Beach, Virginia, where soils may be limited in their ability to accept sewage due to the high water table but they respond to artificial drainage, that the City may enter into a Soil Drainage Management Contract with the Department, and adopt a local Soil Drainage Management Program ("the Program") for areas like the City of Virginia Beach, in which the soils require artificial drainage to obtain an adequate level of subsurface soil absorption; and WHEREAS, the City desires to enter into a Soil Drainage Management Contract with the Department and operate, maintain and enforce a Soil Drainage Management Program acceptable to the Department, to provide a mechanism for approving the installation of private residential systems, utilizing subsurface soil absorption in soils that are characterized by soils that respond to artificial drainage; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to execute the aforesaid agreement on behalf of the City and to take such measures as are necessary or advisable to implement such agreement according to its terms. Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day of Approved as to Content: CA 11151 R-1 May 27,2009 II I I Approved as to Legal Sufficiency: (;J~fi1.ftkJ . City Attorney's Office 2 MEMORANDUM OF AGREEMENT CITY OF VIRGINIA BEACH AND THE VIRGINIA DEPARTMENT OF HEALTH SUMMARY OF MATERIAL TERMS PARTIES: City of Virginia Beach and the Virginia Department of Health SUBJECT: Soil Drainage Management Program (Land Management) PURPOSE: Sets forth the procedure and process for the review of soil management contracts for sites in the city that require subsurface soil absorption where the seasonal water table can be lowered to an acceptable level using artificial drainage. CITY OBLIGATIONS: 1. To comply with the applicable health department regulations regarding soil drainage management; 2. To adopt policies and procedures to administer the program, including a Land Management agreement between the City and the homeowner; 3. To review all submittals and accept or reject the plan; 4. To obtain easements over all ditches and other devices used to remove surface water from the property; and 5. To inspect the ditches and rough ,grading ofthe property. VDH OBLIGATIONS: I. To adopt policies and procedures for the submittal and review ofSDMP properties; 2. To inspect the proposed sewage disposal site and perform soil borings to determine the depth of the seasonal water table and inspect the installed sewage disposal system; and 3. To accept or reject any SDMP plan. Ii I i 1:1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Re-Adopting the City Procedures for Considering Requests Made Pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 MEETING DATE: July 7,2009 . Background: The Virginia General Assembly adopted the Public-Private Education Facilities and Infrastructure Act of 2002 ("Act" or "PPEA") to enable public- private partnerships to bring the advantages of private sector innovation, creative private financing, and, in certain cases, provide for construction of public facilities more quickly and at a lower cost. In order for the City to utilize the procurement process presented in the Act, the state code requires the City adopt procedures for requesting, accepting and reviewing proposals. On June 24, 2003, the City Council adopted "City of Virginia Beach Procedures Regarding Requests Made Pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002." . Considerations: By re-adopting City procedures, the City's PPEA process will include recent legislative updates to the Act. Most importantly, the legislative updates allow the PPEA process to include an Interim Agreement (a middle ground between bid/proposal response and Comprehensive Agreement that allows the commencement of design and engineering, environmental analysis, survey, and the preliminary financing analyses). The other updates include a clarification of the Fre~dom of Information requirements and a section containing terms and definitions. . Public Information: Public notice is provided through the normal Council agenda process. . Attachments: Resolution; Exhibit A, "City of Virginia Beach Procedures Regarding Requests Made Pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002" RECOMMENDED ACTION: Approval SUBMITTING DEPARTMENT/AGENCY: Finance j1/tfJ CITY MANAGE~/L,~ 1 A RESOLUTION RE-ADOPTING THE CITY 2 PROCEDURES FOR CONSIDERING 3 REQUESTS MADE PURSUANT TO THE 4 PUBLIC-PRIVATE EDUCATION FACILITIES 5 AND INFRASTRUCTURE ACT OF 2002 6 7 8 WHEREAS, the Public-Private Education Facilities and Infrastructure Act of 2002 9 ("Act") has the potential, in certain cases, to provide for the construction of public 10 facilities more quickly and at a lower cost; and 11 12 WHEREAS, for the City Council to be able to consider proposals from private 13 entities for approval of qualifying projects under the Act, procedures must be 14 established that permit the City to comply with the provisions of the Act; and 15 16 WHEREAS, the City Council adopted "City of Virginia Beach Procedures 17 Regarding Requests Made Pursuant to the Public-Private Education Facilities and 18 Infrastructure Act of 2002," on June 24,2003. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. That the City Council hereby re-adopts the "City of Virginia Beach 24 Procedures Regarding Requests Made Pursuant to the Public-Private Education 25 Facilities and Infrastructure Act of 2002," attached as Exhibit A, as the procedures that 26 will be followed in considering all requests from private entities for approval of qualifying 27 projects under the Act. 28 29 2. That the City's Purchasing Agent is hereby directed to make these 30 procedures publicly available, which shall include posting them in Purchasing Division 31 offices and on the City's website. . Adopted by the City Council of the City of Virginia Beach, Virginia, on this_ day of , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Fr~af1~. .f/:!I- ~P>~'CLA,~/y)' CA11178 R-2 June 26, 2009 ~ , /f 121/ ~ e(ty ttorfrey's 0 ice II II EXHIBIT A City of Virginia Beach Procedures Regarding Requests Made Pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 Adopted by the Council of the City of Virginia Beach, Virginia on June 24,2003 Re-AdoDted Julv 7.2009 Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures Table of Contents 1. Introduction .............................................................................................................. p. 3 11. General Provisions ................. .... .......... ..... ....... ... ................. ........ ..... ......... ... ........... p. 4 A. Proposals....................................... ............................................................... p. 4 B. Affected Local Jurisdictions.................................... ............... ...................... p. 4 C. Virginia Freedom ofInformation Act .......................................................... p. 5 D. Use of Public Funds .............................................................."...................... p. 6 E. Applicability of Other Laws......................................................................... p. 6 111. Solicited Bid/Proposals ....................................................................."...................... p. 6 IV. Unsolicited Proposals............ ................... ............... .................... ... .... .... .... ............... p. 7 A. Decision to Accept and Consider Unsolicited Proposal; Notice.................. p. 7 B. Contents of Initial Submission .....................................................:............... p. 8 C. Review Fees ................................................................................................. p. 8 D. Posting Requirements ... ........................ ... ......... ........ ....... ....... p.8 E. Initial Review at the Conceptual Stage ........................................................ p. 9 F. Format for Submissions at the Conceptual Stage......................................... p.9 ~ Format for Submissions at the Detailed Stage ............................................ p. 13 V. Proposal Evaluation and Selection Criteria.............................................................. p;-15 A. Qualifications and Experience ..................................................................... p. 15 B. Project Characteristics.. ....................... ....... ..... .......... .......... ..."............ ......... p. 15 C. Project Financing.......................................................................................... p. 16 D. Project Benefit and Compatibility................................................................ p. 16 E. Other Factors ...... ... ......... ... ... ......... ......... ... ........., ........ ... ... p. 17 V1. Interim and Comprehensive Agreement .................................................................. p. 17 A. Interim Agreement Terms......................................... ................ p. 17 B. Comprehensive Agreement Terms............................................... P. 18 C. Notice and Posting Requirements................................................ p. 19 VI1. Governing Provisions ...... ..... ................. ....................... ........... ..... ...... ......... ............. p. 20 VIII. Investment Partnership Advisory Committee... ......... .... ........ .., ...... ... ... ..... p.20 Terms and Definitions... ... ...... ...... ... ... ......... ... ............ ... ............ ... ... ...... .... P. 21 -2- II I I Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures I. INTRODUCTION The Public-Private Education Facilities and Infrastructure Act of 2002, Va. Code Ann. ~~ 56- 575.1 to -575.16 (LNMB Supp. 2002) (the "PPEA"), grants a public entity the authority to create public-private partnerships for the development of a wide range of projects for public use ("qualifying projects") if the public entity determines that there is a need for a project and that private involvement may provide the project to the public in a timely or cost-effective fashion. The definition of "public entity" in ~ 56-575.1 of the PPEA includes, inter alia, any political subdivision of the Commonwealth. In order for a proiect to come under the PPEA. it must meet the definition of a "qualifying proiect." The PPEA contains a broad definition of qualifying proiect that includes public buildings and facilities of all types; for example: (i) An education facility. including but not limited to a school building (including any stadium or other facility primarily used for school events). any functionally related and subordinate facility and land to a school building and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education; (ii) A building or facility that meets a public purpose and is developed or operated by or for any public entity: (iii) Improvements. together with equipment. necessary to enhance public safety and security ofbuildin~s to be principally used by a public entity; (iv) Utility and telecommunications and other communications infrastructure; (v) A recreational facility; (vi) Technology infrastructure and services. including but not limited to telecommunications. automated data processing. word processing and management information systems. and related information. equipment. goods and services; (vii) Technology. equipment. or infrastructure designed to deploy wireless broadband services to schools. businesses. or residential areas. or (viii) Any improvements necessary or desirable to any unimproved locally- or state- owned real estate. Section 56-575.16 of the PPEA provides that a public entity (a "responsible public entity") having the power to acquire, design, construct, improve, renovate, expand, equip, maintain, or operate a qualifying project may not consider any unsolicited proposal by a private entity for approval of the qualifying project pursuant to the PPEA until the responsible public entity has adopted and made publicly available procedures that are sufficient to enable the responsible public entity to comply with the PPEA. Accordingly, these procedures (the - 3 - Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures "Procedures") have been adopted by the City Council (the "Council") as the governing body of the City of Virginia Beach (the "City"). II. GENERAL PROVISIONS A. ProDosals 1. Pursuant to Section 56-575.4 of the PPEA, a proposal to provide a qualifying project to a responsible public entity may be either solicited from private entities by the public entity (a "Solicited Bid/Proposal") or delivered to the public entity by a private entity on an unsolicited basis (an "Unsolicited Proposal"). In either case, any such proposal shall be clearly identified as a "PPEA Proposal." 2. The requirements for any particular Solicited Bid/Proposal shall be as specified in the solicitation by the City for that particular proposal and shall be consistent with all applicable provisions of the PPEA. 3. Any Unsolicited Proposal shall be submitted to the City by delivering six complete copies, together with the required initial review fee as provided below in S IV(C), to the Purchasing Agent, Department of Finance, Purchasing Division, 2388 Court Plaza Drive, Virginia Beach, V A 23456. Other requirements for an Unsolicited Proposal are as set forth below in S IV. A working group may be designated by the City Manager to review and evaluate all unsolicited proposals. 4. The City may require that any proposal be clarified. Such clarification may include but is not limited to submission of additional documentation, responses to specific questions, and interviews with potential project participants. B. Affected Local Jurisdictions I. The term "affected local jurisdiction" includes any county, city or town in which all or a portion of a qualifying project is located. 2. Any private entity submitting a Solicited Bid/Proposal or an Unsolicited Proposal to the City as the responsible public entity for a qualifying project must provide any other affected local jurisdiction with a copy of the proposal by certified mail, express delivery, or hand delivery within five (5) business days of submission of the proposal to the City. Any such other affected local jurisdiction shall have 60 days from the date it receives its copy of the proposal to submit written comments to the City and to indicate whether the proposed qualifying project is compatible with the affected local jurisdiction's local comprehensive plan, local infrastructure development plans, capital improvements budget, or other government spending plan. The City will consider comments received within the 60-day period prior to entering into a comprehensive agreement pursuant to the PPEA regarding the proposal. However, the City may begin or continue its evaluation of any such proposal during the 60-day period for the receipt of comments from affected local jurisdictions. - 4- ,II II II Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures C. Vinrlnia Freedom of Information Act 1. Any confidential and proprietary information provided to a responsible public entity by a private entity pursuant to the PPEA shall be subject to disclosure under the Virginia Freedom ofInformation Act ("FOIA") except as provided by S 56-575.4(G) of the PPEA. 2. To prevent the release of any confidential and proprietary information that otherwise could be held in confidence pursuant to ~ 56-575.4(G) of the PPEA, the private entity submitting the information must (i) invoke the exclusion from FOIA when the data or materials are submitted to the City or before such submission, (ii) identify the data and materials for which protection from disclosure is sought, and '(iii) state why the exclusion from disclosure is necessary. A private entity may request and receive a determination from the City as to the anticipated scope of protection prior to submitting the proposal. The City is authorized and obligated to protect only confidential proprietary information, and thus will not protect any portion of a proposal from disclosure if the entire proposal has been designated confidential by the private entity without reasonably differentiating between the proprietary and non-proprietary information contained therein. If a private entity fails to designate trade secrets, financial records, or other confidential or proprietary information for protection from disclosure, such information, records or documents may be subiect to disclosure under FOIA. 3. Upon receipt of a request from a private entity that designated portions of a proposal be protected from disclosure as confidential and proprietary, the City will determine whether such protection is appropriate under applicable law and, if appropriate, the scope of such appropriate protection, and shall communicate its determination to the private entity. If the determination regarding protection or the scope thereof differs from the private entity's request, then the City will accord the private entity a reasonably opportunity to clarify and justify its request. Upon a final determination by the City to accord less protection than requested by the private entity, the private entity will be given an opportunity to withdraw its proposal. A proposal so withdrawn will be treated in the same manner as a proposal not accepted for publication and conceptual-phase consideration as provided below in S IV(A)(1). 4. The City may withhold from disclosure memoranda, !Staff evaluations, or other records prepared by the City, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals where (i) if such records were made public prior to or after the execution of an interim or a comprehensive agreement, the financial interest or bargaining position of the City would be adversely affected, and (m the basis for the determination is documented in writing by the City. Cost estimates relating to a proposed procurement transaction prepared by or for the City shall not be open to public inspection. 5. The City may not withhold from public access: (a) procurement records other than those subiect to the written determination ofthe City; (b) information concerning the terms and conditions of any interim or comprehensive agreement, service contract, lease, partnership, or any agreement of any kind entered into by the City and the private entity; - 5 - Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures (c) information concerning the terms and conditions of any financing arrangement that involves the use of any public funds; or (d) information concerning the performance of any private entity developing or operating a qualifying transportation facility or a qualifying proiect. However, to the extent that access to any procurement record or other document or information is compelled or protected as required by law, then the City shall comply with such order. D. Use of Public Funds Virginia constitutional and statutory requirements as they apply to appropriation and expenditure of public funds apply to any interim agreement or comprehensive agreement entered into under the PPEA. Accordingly, the processes and procedural requirements associated with the expenditure or obligation of public funds shall be incorporated into planning for any PPEA project or projects. E. Applicability of Other Laws Nothing in the PPEA shall affect the duty of the City to comply with all other applicable law not in conflict with the PPEA. The applicability of the Virginia Public Procurement Act (the "VPP A") is as set forth in the PPEA. III. SOLICITED BID/PROPOSALS The procedures applicable to any particular Solicited Bid/Proposal shall be specified in the solicitation for that proposal and shall be consistent with the requirements of the PPEA and any other applicable law. All such solicitations shall be by issuance of a written Invitation to Bid ("IFB") or Request for Proposal ("RFP") within the meaning of those terms as used in the City of Virginia Beach Procurement ordinance. Any proposal submitted pursuant to the PPEA that is not received in response to an IFB or RFP shall be an Unsolicited Proposal under these procedures. Such Unsolicited Proposals include but are not limited to (a) proposals received in response to a notice of the prior receipt of another Unsolicited Proposal as required by the PPEA and provided for below in ~ IV(A)(2) and (b) proposals received in response to publicity by the City concerning particular needs when the City has not issued a corresponding IPB or RFP, even if the City otherwise has encouraged the submission of proposals pursuant to the PPEA that address those needs. The RFP or ITB will be posted in such public areas as are normally used for posting of the City's notices. including the City'S website. Notices will also be advertised in Virginia Business Opportunities and posted on the Commonwealth's electronic procurement site as required by Virginia Code ~ 56-575.3: l(B)(1l). In addition, solicited proposals will be posted pursuant to Section IV.A. The RFP or ITB should also contain or incorporate by reference other applicable terms and conditions, including any unique capabilities or qualifications that will be required of the private entities submitting proposals. Pre-proposal conferences may be held as deemed appropriate by the City. - 6 - ,II II I ,I Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures IV. UNSOLICITED PROPOSALS The process for evaluating an Unsolicited Proposal, described in detail below, consists of :fe.lH' five steps. Briefly summarized, upon receipt of an Unsolicited Proposal the City's first step will be to determine whether to accept it for consideration at the conceptual stage. If so, then in step two the City will give public notice of the Unsolicited Proposal, and allow for submission of other competing proposals. In step three the City will post conceptual proposals to provide the public with an opportunity to inspect the proposal. In step four the City will proceed with a review at the conceptual stage of the original Unsolicited Proposal and/or any proposal received in response to the public notice and accepted for consideration at the conceptual stage. Step :fe.lH' five is an in-depth review at the detailed stage of the original Unsolicited Proposal and/or any proposal received in response to the public notice and accepted for consideration at the detailed stage. The City shall be afforded sufficient time as it deems necessary for complete review and evaluation of all proposals submitted; proposals shall remain valid and not revised, other than by the stated procedure, during this period. However, the City may, at its sole discretion, discontinue its evaluation of any proposal at any time. Furt~ermore, if the City determines that it is in the City's interest to do so with respect to any Unsolicited Proposal, the City may eliminate review at the conceptual stage and proceed directly to a review at the detailed stage. A. Decision to Accent and Consider Unsolicited Pronosal: Notice I. Upon receipt from a private entity of any Unsolicited Proposal accompanied by payment of any required fees, the City will determine whether to accept the Unsolicited Proposal for publication and conceptual-phase consideration, as described below. If the City determines not to accept the proposal at this stage, it will return the proposal and the accompanying initial review fee to the private entity. 2. If the City chooses to accept an Unsolicited Proposal for publication and conceptual- phase consideration, it shall give public notice of the proposal in accordance with the PPEA and shall speCify a period of time not less than 60 days during which it will receive competing lHlsolicited proposals pursuant to ~ 56-575.4(A) of the PPEA. Although not required by the PPEA, at the discretion of the City such notice may be given consistent with the requirements for public notice as set forth in the Virginia Beach City Procurement ordinance. During the 60-day period for receiving competing Unsolicited Proposals, the City may continue to evaluate the original Unsolicited Proposal. 3. To ensure that sufficient information is available upon which to base the development of a serious competing proposal. representatives of the City familiar with the unsolicited proposal and the guidelines established by the City shall be made available to respond to inquiries and meet with private entities that are considering the submission of a competing proposal. The City shall conduct an analysis of the information pertaining to the proposal included in the notice to ensure that such information sufficiently encourages competing proposals. Further, the City shall establish criteria, including key decision points and ap?rovals, to ensure proper consideration of the extent of com?etition from available private entities prior to selection. -7 - Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures B. Contents of Initial Submission 1. An Unsolicited Proposal must contain information on the private entity's qualifications and experience, project characteristics, project financing, anticipated public reaction, and project benefit and compatibility. The information should be adequate to enable the City to evaluate the practicality and sufficiency of the proposal. The private entity may request that the City consider a two-step proposal process, consisting of an initial conceptual submission to be followed by a more detailed submission. 2. Unsolicited Proposals should provide a concise description of the private entity's capability to complete the proposed qualifying project and the benefits to be derived from the project by the City. Project benefits to be considered may occur during the construction, renovation, expansion or improvement phase and during the life cycle of the project. Proposals also should include a comprehensive scope of work and a financial plan for the project, containing enough detail to allow an analysis by the City of the financial feasibility of the proposed project, including but not limited to (a) the identity of any parties expected to provide financing for the project and (b) a statement indicating whether the private entity intends to request the City to provide resources for financing the project and the nature and extent of any such resources. The scope of work shall be of sufficient detail to identify the level of quality of the project commensurate with recognized design standards or by project qualities established or prescribed by the City of Virginia Beach for a given project. 3. The City may require additional submissions to clarify information previously provided or to address other areas of concern to the City. C. Review Fees A review fee will not be charged of a private entity submitting an Unsolicited Proposal to the City. D. Postin!! Reouirements 1. Conceptual proposals. whether solicited or unsolicited. will be posted by the City within 10 working days after acceptance of such proposals in the following manner: the posting will be on the City's website or by publication. in a newspaper of general circulation in the City. of a summary of the proposals and the location where copies of the proposals are available for public inspection. Posting may also be on the Commonwealth's Department of General Service's web-based electronic procurement program commonly known as "eV A. II 2. Nothing shall be construed to prohibit the posting of the conceptual proposals by additional means deemed appropriate by the City so as to provide maximum notice to the public of the opportunity to inspect the proposals. 3. In addition to the posting requirements. at least one COpy of the proposals shall be made available for public inspection. Trade secrets. financial records. or other records of the - 8 - II I 'I Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures private entity excluded from disclosure under the provisions of subdivision 11 of & 2.2-3705.6 shall not be required to be posted, except as otherwise agreed to by the City and the private entity. Any inspection of procurement transaction records shall be subiect to reasonable restrictions to ensure the security and integrity of the records. E. Initial Review at the Conceptual Stae:e I. Only proposals complying with the requirements of the PPEA and these Procedures that contain sufficient information for a meaningful evaluation and that are provided in an appropriate format, as described below, will be considered by the City for further review at the conceptual stage. 2. The City will determine at this initial stage of review whether it will proceed using procurement through competitive sealed bidding as defined in the VPP A or procedures developed by the City that are consistent with procurement of other than professional services through competitive negotiation as defined in the VPP A. 3. After reviewing an unsolicited proposal and any competing unsolieited proposals submitted during the notice period, the City may determine: (a) not to proceed further with any proposal, (b) to proceed to the detailed phase of review with the original proposal, (c) to proceed to the detailed phase with a competing proposal, ef (d) to proceed to the detailed phase with multiple proposals, or (e) to request modifications or amendments to any proposals. 4. Discussions between the City and private entities about the need for infrastructure. improvements shall not limit the ability of the City to later determine to use standard procurement procedures to meet its infrastructure needs. At all times the City retains the right to reject any proposal at any time for any reason whatsoever. F. Format for Submissions at the Conceptual Sta2e Unsolicited Proposals at the conceptual stage shall contain the following information in the following format, plus such additional information as the City may request: 1. Qualification and Experience - 9 - Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures a. Identify the legal structure of the firm or consortium of firms making the proposal. Identify the organizational structure for the project, the management approach and how each partner and major subcontractor in the structure fits into the overall team. b. Describe the experience of the firm or consortium of firms making the proposal and the key principals involved in the proposed project including experience with projects of comparable size, value, quality and complexity. Describe the length of time in business, business experience, public sector experience and other engagements of the firm or consortium of firms. Include the identity of any firms that will provide design, construction and completion guarantees and warranties and a description of such guarantees and warranties. Provide resumes of the key individuals who will be involved in the project. c. Provide the names, addresses, and telephone numbers of persons within the firm or consortium of firms who may be contacted for further information. d. Provide a current or most recently audited financial statement of the firm or firms and each partner with an equity interest of twenty percent or greater. e. Identify the officers and directors of the firm or firms submitting the proposal. f. Identify all businesses that have a parent-subsidiary or affiliated business entity relationship with the firm or firms submitting the proposal. The State and Local Government Conflict of Interests Act, at Virginia Code ~ 2.2-310 I, defines "parent-subsidiary relationship" as "a relationship that 'exists when one corporation directly or indirectly owns sh~es possessing more than 50 percent of the voting power of another corporation." In the same Code section, the Act defines "affiliated business entity relationship" as "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." g. Identify all known contractors or service providers, including ,but not limited to the providers of architectural services, real estate services, financial services, and legal services. 2. Project Characteristics a. Provide a description of the project, including the conceptual design. Describe the proposed project in sufficient detail so that type, quality, value and intent of the project, the location, preliminary value of the land necessary to be acquired, and the (:ommunities that may be affected are clearly identified. - 10 - ,Ii II I ,I Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures b. Identify and fully describe any work to be performed by the City or any other public entity. c. Include a list of all federal, state and local permits and approvals required for the project and a schedule for obtaining such permits and approvals. d. Identify any anticipated adverse social, economic and environmental impacts of the project. Specify the strategies or actions to mitigate known impacts of the project. e. Identify the projected positive social, economic and environmental impacts of the project. f. Identify the proposed schedule for the work on the project, including the estimated time for completion. g. Propose allocation of risk and liability for work completed beyond the agreement's completion date, and assurances for timely completion of the project. h. State assumptions related to ownership, legal liability, law' enforcement and operation of the project and the existence of any restrictions on the public entity's use of the project. i. Provide information relative to phased or partial openings of the proposed project prior to completion of the entire work. j. Describe any architectural, building, engineering, or other applicable standards that the proposed project will meet. Defme applicable quality standards to be adhered to for achieving the desired product outcome(s). 3. Project Financing a. Provide a preliminary estimate and estimating methodology of the cost of the work by phase, segment, or both. b. Submit a plan for the development, financing and operation of the project showing the anticipated schedule on which funds will be required. Describe the anticipated costs of and proposed sources and uses for such funds. c. Include a list and discussion of assumptions underlying all major elements of the plan. d. Identify all anticipated risk factors and methods for dealing with these factors. - 11 - Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures e. Identify any local, state or federal resources that the private entity contemplates requesting for the project. Describe the total commitment, if any, expected from governmental sources (and identify each such source) and the timing of any anticipated commitment. f. Identify any third parties that the private entity contemplates will provide financing for the project and describe the nature and timing of each such commitment. 4. Project Benefit and Compatibility a. Describe the anticipated benefits to the community, region or state, including anticipated benefits to the economic condition ofthe City, and identify who will benefit from the project and how they will benefit. b. Identify any anticipated public support or opposition, as well as any anticipated government support or opposition, for the project. c. Explain the strategy and plans that will be carried out to involve and inform the general public, business community, and governmental agencies in areas affected by the project. d. Explain whether and, if so, how the project is critical to attracting or maintaining competitive industries and businesses to the City or the surrounding region. e. Explain whether and, if so, how the project is compatible with the City's comprehensive plan, infrastructure development plans, capital improvements budget, or other. government spending plan. f. Explain how quality standards of the project will be satisfied in comparison with the qualities anticipated or proposed by the City of Virginia Beach for the project. g. Provide a statement setting forth participation efforts that are intended to be undertaJ<:en in connection with this project with regard to th~ following types of businesses: (i) minority-owned businesses; (ii) woman-owned businesses; and (iii) small businesses. For the purposes of these guidelines these terms shall be defined as follows: "minority-owned business" shall mean a business or other entity that is at least fifty-one (51) percent owned and controlled by one or more socially and economically disadvantaged person(s). Such disadvantage may arise from cultural, racial, chronic economic circumstance or background, or other similar cause. Such persons include, but are not limited to, African Americans, Hispanic Americans, Asian Americans, Eskimos, and Aleuts; - 12 - ,II II 1;1 Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures "woman-owned business" shall mean a business or other entity that is at least fifty-one (51) percent owned or controlled by one or more women; "small business" shall mean a business or other entity that (i) has received $10 million or less in annual gross income under generally accepted accounting principles for each of its last three fiscal years or lesser time period if it has been in existence less than three years, (ii) has fewer than 100 employees, and (iii) has a net worth of $2 million or less. As used in these definitions, the term "control" shall mean exercising the power to make policy decisions and being actively involved in day-to-day management. Prior to final payment, the private entity must provide documentation regarding the actual minority-owned, small woman-owned, and small- business participation efforts undertaken in connection with the contract, as well as documentation demonstrating that such businesses were minority or women-owned or small businesses. G. Format for Submissions at the Detailed Sta2e If the City decides to proceed to the detailed phase of review with one or more Unsolicited Proposals, then the following information must be provided by the private entity unless waived by the City: 1. A topographical map (1 :2,000 or other appropriate scale) depicting the location of the proposed project. 2. A list of public utility facilities, if any, that will be crossed by the qualifying project and a statement of the plans of the private entity to accommodate such crossings. 3. A statement and strategy setting out the plans for securing all necessary property. The statement must include the names and addresses, if known, of the current owners of the subject property as well as a list of any property the private entity intends to request the public entity to condemn. 4. A detailed listing of all firms that will provide specific design, construction and completion guarantees and warranties, and a brief description of such guarantees and warranties. 5. A total life-cycle cost specifying methodology and assumptions of the project or projects and the proposed project start date. Include anticipated commitment of all parties; equity, debt, and other financing mechanisms; and a schedule of project revenues and project costs. The life-cycle cost analysis should include, but not be limited to, a detailed analysis of the projected return, rate of return, or both, expected useful life of facility and estimated annual operating expenses. - 13 - Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures 6. A detailed discussion of assumptions about user fees or rates, and usage of the projects. 7. Identification of any known government support or opposition, or general public support or opposition for the project. Government or public support should be demonstrated through resolution of official bodies, minutes of meetings, letters, or other official communications. 8. Demonstration of consistency with appropriate local comprehensive or infrastructure development plans or indication of the steps required for acceptance into such plans. 9. Sufficient design and engineering detail to establish floor plans, elevations, and site characteristics. 10. Explanation of how the proposed project would impact local development plans of each affected local jurisdiction. II. Identify the officers and directors of the firm or firms submitting the proposal. 12. Identify all businesses that have a parent-subsidiary or affiliated business entity relationship with the firm or firms submitting the proposal. The State and Local Government Conflict of Interests Act, at Virginia Code ~ 2.2-3101, defines "parent-subsidiary relationship" as "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." In the same Code section, the Act defines "affiliated business entity relationship" as "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." 13. Identify all known contractors or service providers, including but not limited to the providers of architectural services, real estate services, financial services, and legal services. 14. Detailed analysis of the financial feasibility of the proposed project, including its impact on similar facilities operated or planned by the City. Include a detailed description of any financing plan proposed for the project, a comparison of that plan with financing alternatives that may be available to the City, and all underlying data supporting any conclusions reached in the analysis or the selection by the private entity of the financing plan proposed for the project. 15. Additional material and information as the City may request. - 14- II I ,I Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures v. PROPOSAL EVALUATION AND SELECTION CRITERIA Some or all of the following matters may be considered in the evaluation and selection of PPEA proposals. However, the City retains the right at all times to reject any proposal at any time for any reason whatsoever. A. Qualifications and Experience Factors to be considered in either phase of the City's review to determine whether the private entity possesses the requisite qualifications and experience may include but are not necessarily limited to: 1. Experience with similar projects of comparable scope and value; 2. Demonstration of ability to perform work at the appropriate level of quality standards; 3. Leadership structure; 4. Project manager's experience; 5. Management approach; 6. Financial condition; and 7. Project ownership. B. Proiect Characteristics Factors- to be considered in determining the project characteristics may include but are not necessarily limited to: 1. Project definition; 2. Proposed project schedule; 3. Operation of the project; 4. Technology; technical feasibility; 5. Conformity to laws, regulations, and standards; 6. Environmental impacts; 7. Condemnation impacts; - 15 - I , Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures 8. State and local permits; and 9. Maintenance of the project. 10. Quality standards to meet proposed project quality. C. Proiect Financin2 Factors to be considered in determining whether the proposed project financing allows adequate access to the necessary capital to fmance the project may include but are not necessarily limited to: 1. Cost and cost benefit to the City; 2. Financing and the impact on the debt or debt burden of the City; 3. Financial plan, including the degree to which the proposer has conducted due diligence investigation and analysis of the proposed financial plan and the results of any such inquiries or studies; 4. Estimated cost; 5. Life-cycle cost analysis; 6. The identity. credit history. and past performance of any third party that will provide financing for the project and the nature and timing of their commitment; aaa 7. Comparable costs of other project delivery methods; and 8. Opportunity costs assessment. D. Proiect Benefit and Comvatibility Factors to be considered in determining the proposed project's compatibility with the appropriate local or regional comprehensive or development plans may include but are not necessarily limited to: 1. Community benefits; 2. Community support or opposition, or both; 3. Public involvement strategy; 4. Compatibility with existing and planned facilities; and - 16- II ,I Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures 5. Compatibility with local, regional, and state economic development efforts. 6. Fiscal impact to the City of Virginia Beach in terms of revenues and expenditures. 7. Economic output of the project in terms of jobs and total economic impact on the local economy. 8. Submission of required statement regarding participation efforts that are to be undertaken with regard to minority-owned businesses, woman-owned businesses, and small businesses. Failure to submit this statement shall constitute grounds to reject any proposal. E. Other Factors Other factors that may be considered bv the City in the evaluation and selection of PPEA proposals include: 1. The proposed cost of the qualifying project: 2. The general reputation. industry experience. and [mandai capacity of the private entity: 3. The proposed design of the Qualifying project: 4. The eligibility of the project for accelerated documentation. review. and selection: 5. Local citizen and government comments: 6. Benefits to the public. including financial and nonfinancial: and 7. Other criteria that the City deems appropriate. VI. INTERIM AND COMPREHENSIVE AGREEMENT Prior to acquiring, designing, constructing, improving, renovating, expanding, equipping, maintaining, or operating any qualifying project, a selected private entity shall enter into a comprehensive agreement with the City as provided by the PPEA. Any such comprehensive agreement, and any amendment thereto, must be approved by the City Council before it is entered into on behalf of the City. Prior to entering a comprehensive agreement, an interim agreement may be entered into that permits a private entity to perform compensable activities related to the proiect. The City may designate a working group to be responsible for negotiating any interim or comprehensive agreement. Any interim or comprehensive agreement shall define the rights and obligations of the City and the selected proposer with regard to the project. A. Interim A{!reement Terms - 17 - I I Public-Private Educational Facilities and Infrastructures Act of2002 Procedures The scope of an interim agreement may include but is not limited to: 1. Proiect planning and development: 2. Design and engineering: 3. Environmental analysis and mitigation: 4. Survey: 5. Ascertaining the availability of financing for the proposed facility through financial and revenue analysis: 6. Establishing a process and timing of the neg.otiation of the comprehensive agreement; and 7. Any other provisions related to any aspect of the development or operation of a qualifying proiect that the parties may deem appropriate prior to the execution of a comprehensive agreement. B. Comnrehensive A2:reement Terms As provided by the PPEA, the terms of the comprehensive agreement shall include but not be limited to: 1. Delivery of maintenance, performance and payment bonds or letters of credit in connection with any acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project, in the forms and amounts satisfactory to the City; 2. Review and approval of plans and specifications for the qualifying project by the City; 3. The right of the City to inspect the qualifying project; 4. Maintenance of a policy or policies of liability insurance or self-insurance in from and amount satisfactory to the City and reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project; 5. Monitoring of the practices of the operator by the City to ensure proper maintenance; 6. Reimbursement to be paid to the City for services provided by the City; 7. Filing by the operator of appropriate financial statements on a peri.odic basis; 8. Policies and procedures governing the rights and responsibilities of the City and the operator in the event that the comprehensive agreement is terminated or there is a material - 18- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures default by the operator, including the conditions governing assumption of the duties and responsibilities of the operator by the City and the transfer or purchase of property or other interests of the operator by the City; 9. Providing for such user fees, lease payments, or service payments, if any, as may be established from time to time by agreement of the parties, which shall be the same for persons using the facilities under like conditions and shall not materially discourage use of the qualifying project. Classifications according to reasonable categories for assessment of user fees may be made. 10. Requiring a copy of any service contract to be filed with the City and providing that a schedule of the current user fees or lease payments shall be made available by the operator to any member of the public upon request. II. The terms and conditions under which the responsible public entity may contribute financial resources, if any, for the qualifying project; B:fiEl 12. Any other provisions required by applicable law:; 13. The terms and conditions under which existing site conditions will be assessed and addressed. including identification of the responsible party for conducting the assessment and taking necessary remedial action; 14. The terms and conditions under which the City will be required to pay money to the private entity and the amount of any such payments for the proiect; 15. Such other terms and conditions as the City may deem appropriate. Any changes in the terms of the comprehensive agreement as may be agreed upon by the parties from time to time shall be added to the comprehensive agreement only by written amendment. The comprehensive agreement may provide for the development or operation of phases or segments of a qualifying proiect. c. Notice and Postin!! Reouirements 1. In addition to the posting requirements of Section VI. D. 30 days prior to entering into an interim or comprehensive agreement. the City shall provide an opportunity for public comment on the proposals. Such public comment period shall include a public hearing in the sole discretion of the City. After the end of the public comment period. no additional posting shall be required. 2. Once the negotiation phase for the development of an interim or a comprehensive agreement is complete and a decision to award has been made by the City. the City shall post the proposed agreement or a summary of the proposed agreement on the City's web site or by publication. in a newspaper of general circulation in the area in which the contract work is to be performed. and the location where a copy of the agreement is available for public inspection. - 19- I I Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures Posting may also be on the Department of General Service's web-based electronic procurement program commonly known as "eVA," in the discretion of the City. In addition to the posting requirements, at least one copy of the proposed agreement shall be made available for public inspection. Trade secrets, financial records, or other records of the private entity excluded from disclosure under the provisions of subdivision 11 of S 2.2-3705.6 shall not be required to be posted, except as otherwise agreed to by the City and the private entity. 3. Once an interim agreement or a comprehensive agreement has been entered into, the City shall make procurement records available for public inspection, upon request. a. Such procurement records shall include documents protected from disclosure during the negotiation phase on the basis that the release of such documents would have adverse affect on the financial interest or bargaining position of the City or private entity in accordance with Section II.C. b. Confidential and proprietary material shall continue to be protected as set out in Section II. C. c. Pursuant to Virginia Code ~ 56-575.17(D), such procurement records shall not be interpreted to include (i) trade secrets of the private entity as defined in the Uniform Trade Secrets Act (9 59.1-336 et seq.) or (ii) financial records, including balance sheets or financial statements of the private entity that are not generally available to the public through regulatory disclosure or otherwise. VII. GOVERNING PROVISIONS In the event of any conflict between these provisions and the PPEA, the terms of the PPEA shall control. VIII. INVESTMENT PARTNERSHIP ADVISORY COMMITTEE On March 8, 2001, City Council adopted a City Council Policy, "Guidelines for Evaluation of Investment Partnerships for Economic Development." These Guidelines include the appointment by City Council of an Investment Partnership Advisory Committee. Any comprehensive agreements entered into by the City under PPEA shall also be included in the annual assessment of the partnership results contained in the annual report issued by the Investment Partnership Advisory Committee. - 20- II Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures Terms and Definitions "Comprehensive ae:reement" means the comprehensive agreement between the private entity and the responsible public entity that is required prior to the development or operation of a qualifying proiect. "Conceptual stae:e" means the initial phase of proiect evaluation when the public entity makes a determination whether the proposed proiect serves a public purpose, meets the criteria for a qualifying project, assesses the qualifications and experience of a private entity proposer, reviews the proiect for financial feasibility, and warrants further pursuit. "Cost-benefit analysis" means an analysis that weighs expected costs agaiIiSt~pected benefits in order to choose the best option. For example, a city manager may compare the costs and benefits of constructing a new office building to those of renovating and maintaining an existing structure in order to select the most fmancial1y advantageous option. "Detailed stae:e" means the second phase of proiect evaluation where the public entity has completed the conceptual stage and accepted the proposal and may request additional information regarding a proposed proiect prior to entering into competitive negotiations with one or more private entities to develop an interim or comprehensive agreement. "Develop" or "development" means to plan, design, develop, finance, lease, acquire, install. constrUct or expand. . "Interim ae:reement" means an agreement between a private entity and a responsible public entity that provides for phasing of the development or operation, or both, of a qualifying proiect. Such phases may include, but are not limited to, design, planning, engineering, environmental analysis and mitigation, financial and revenue analysis, or any other phase of the proiect that constitutes activity on any part of the qualifying proiect. "Lease pavment" means any form of payment. including a land lease, by a public entity to the private entity for the use of a qualifying proiect. "Lifecvcle cost analvsis" means an analysis that calculates cost of an asset over its entire life span and includes the cost of planning, constructing, operating, maintaining, replacing, and when applicable, salvaging the asset. Althou~h one proposal may have a lower initial construction cost it may not have the lowest lifecvcle cost once maintenance, replacement, and salvage value is considered. "Material default" means any default bv the private entity in the performance of its duties that ieopardizes adequate service to the public from a qualifying proiect. "Operate" means to finance, maintain, improve, equip, modify, repair, or operate. "Opportunity cost" means the cost of passing up another choice when making a decision or the increase in costs due to delays in making a decision. - 21 - I I Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures "Private entity" means any natural person, corporation, general partnership, limited liability company, limited partnership, ioint venture, business trust, public benefit corporation, nonprofit entity, or other business entity. "Public entity" means the Commonwealth and any agency or authority thereof, any county, city or town and any other political subdivision of the Commonwealth, any public body politic and corporate or any regional entity that serves a public purpose. "Qualifvine: oroiect" means (i) any education facility, including, but not limited to a school building, any functionally related and subordinate facility and land of a school building (including any stadium or other facility primarily used for school events), and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education: (ii) any building or facility that meets a public purpose and is developed or operated by or for any public entity~ (iii) any improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity: (iv) utility and telecommunications and other communications infrastructure: (v) a recreational facility: (vi) technology infrastructure and services, including, but not limited to, telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods and services: (vii) any technology, equipment, or infrastructure designed to deploy wireless broadband services to schools, businesses, or residential areas: or (viii) any improvements necessary or desirable to any unimproved locally- or state-owned real estate. "Responsible oublic entity" means a public entity that has the power to develop or operate the applicable qualifying proiect. "Revenues" means all revenues, income, earnings, user fees, lease payments. or other service payments arising out of or in connection with supporting the development or operation of a qualifying proiect, including without limitation, money received as grants or otherwise from the United States of America, from any public entity, or from any agency or instrumentality of the foregoing ,in aid of such facility. "Service contract" means a contract entered into between a public entity and the private entity pursuant to Virginia Code ~ 56-575.5. "Service payments" means payments to the private entity of a qualifying project pursuant to a service contract. "State" means the Commonwealth of Virginia. "User fees" mean the rates, fees, or other charges imposed by the private entity of a Qualifying project for use of all or a portion of such qualifying project pursuant to the comprehensive agreement pursuant to Virginia Code ~ 56-575.9. - 22- II I 'I L. PLANNING 1. Application of BPMS CASCADES, LLC & BPMS CASCADES 2, LLC for a Modification to delete Proffer No.4 and allow 24-hour operation for retail uses at Centerville Turnpike and Lynnhaven Parkway. (Approved by City Council on February 12, 2008) DISTRICT 1 - CENTERVILLE DISTRICT Recommendation APPROVAL 2. Application of PUNGO AIRFIELD, L.L.C. for a Conditional Use Permit re a recreational facility of an outdoor nature (car racing, paintball) and a mulch faci1ity-at 1848 Princess Anne Road (Deferred by City Council June 9, 2009). DISTRICT 7 - PRINCESS ANNE DISTRICT Recommendation APPROVAL 3. Application of RAMON P. and CAROL J. JOYCE for a Conditional Use Permit re a residential kennel for a maximum of five (5) adult dogs at 1064 Salisbury Drive. DISTRICT 6 - BEACH Recommendation APPROVAL 4. Application of EVERETTE LEE BROWN, for a Conditional Use Permit re a bulk storage yard for construction equipment and recreational vehicles at 1333 Dukes Lane near Gn~at Neck Creek. DISTRICT 6 - BEACH Recommendation APPROV AL 5. Application of WILLIAM E. and MICHAEL W. CHAPLAIN, TRUSTEES OF THE CHAPLAIN LAND TRUST for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District at 1073 Princess Anne Road near Mill Landing Road. DISTRICT 7 - PRINCESS ANNE DISTRICT Recommendation APPROV AL 6. Ordinance to REPEAL ~1611.1 and AMEND g1618 of the City's Coastal Primary Sand Dune Zoning Ordinance re construction of bulkheads in the Sandbridge Beach Subdivision. DISTRICT 7 - PRINCESS ANNE DISTRICT Recommendation APPROV AL PUBLIC HEARING ~. ~.~- Virginia Beach City Council will meet in the Chamber at Citr'~ Hall. Municipal Center, 2401 Courthouse Dnve, Tuesday, July 7, 2009, at 6:00 p,m. The following applications will be Ileard: PRINCESS ANNE DISTRICT Pungo Airfield, L.L.C. Application: Conditionai Use Permit for a recreational ~acLity of an outdoor nature (Caf racing, paintbalf) and a mulch facility at 1848 Princess Anne Road. AICUZ is 65-70 (ITA). William E. Chaplain and Michael W. Chaplain, Trustees of the Chaplain Land Trust ApplicatIOn: Change of Zoning Distril{t C'la~s;fj('ation from I~G-2 Agricultural to Conditional B-2 Community Business at 1073 Princess Anne Road. Comprehensil/e Plan: Rural Area. P'Jrpose: restaurant. CENTERVILlE DISTRICT 6PMS Cascades, LLC & BPMS Cascades 2, LLC Application: Modificatio{1 of Conditions, approved by City Council on Ff!bruary 12, 2008. at Centerville Turnpike and Lynnha\len Parkway (GPINs 1454981390; 1454985427).. BEACH DISTRICT Carol J. Joyce, Ramon P. and Carol J. Joyce Application: i.:;ondltlonal Use P~rmit for a reSidential }<ennel at 1064 Salisbury Drive. Everette Lee Brown Apptic<ltion: Conditional Use Permi1 ',APZ-l) for a bulk storage yard at 1333 Dukes Lane. CITY OF VIRGINIA BEACH Ordinance to repeal Section 1611.1 and amend Section 1618 of the Coastal Primary Sana Dune Zoning Ordinance pertaining to the construction of bulkheads in the Sandbridge Beach Subdil/ision. All interested citizens are invited to attend, Ruth Hodges Fraser. MMC ': Ity Clerk Copies of tire proposed ordinances, resolutions and amendments are on file and may be examined ;n the ,Jepartment of Planning or online at t1ttD:/ /www.vbgov.com/oc For information call 385-4621. If you are physically disabled or visually impaIred and need assistance at this meeting, please r.a(! the CITY CLERK'S OFFICE at 385-4303. \tP JLme 21 & 28. :;'OC9 20307167 I I i I - 48- ItemL.5. ITEM # 57330 (Continued) PLANNING Voting: 7-3 Council Members Voting Aye: Harry E. Diezel, William R. "Bill" DeSteph, Robert M Dyer, Vice Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M Henley, Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Absent: Ron A. Villanueva February 12, 2008 II II I I - 47- Item L.5. ITEM # 57330 PLANNING Attorney R. E. Bourdon, Pembroke Ojjice Park - Building One, 281 Independence Boulevard. Phone: 499-8971, represented the applicant, Bonaventure, to develop "Cascades at Woods Corner ". This application is a modification of a request approved by City Council on December 12, 2006 (Ocean Properties, LLC), That rezoning allowsfor the development of 192 multi-family dwellings and 67,000 square feet of commercial space to be dispersed within fourteen (14) buildings, The submitted site plan depicts seven (7) buildings, an area designatedfor future development, a small central park, associated parking, a stormwater management pond and a fountain with landscaping. Six (6) of the buildings will be devoted exclusively to residential dwellings and the remaining building will be a mix of residential and commercial. 226 multi1amily dwellings and 25, 000 square feet of commercial floor area is proposed The proposed structures are semi-urban in design with composite shingle roofs, brick and or cultured stone on the first level and handi-plank siding on the second and third levels, This plan is a reduction in density. Pedestrian connections will be provided to the sidewalks on the roads. Council Lady Henley advised she could not support this application. The other plan. Ocean Properties, LLC, was an ambitious plan and a true mixed use. However, the application has now changed to "token" mixed use and no longer equates to Conditional B-4 Mixed Use District. Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council ADOPTED Ordinance upon application of BONA VENTURE INVESTMENTS, LLC re Modification of a Conditional Change of Zoning (approved by City Council on December 12, 2006 for Ocean Properties, LLC) ORDINANCE UPON APPLICATION OF BONAVENTURE INVESTMENTS, L.L. C. FOR THE MODIFICATION OF A REQUEST APPROVED BY CITY COUNCIL ON DECEMBER 12, 2006 (OCEAN PROPERTIES, L.L.C.). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Bonaventure Investments, L.L. C. for the modification of a request approved by City Council on December 12, 2006, (Ocean Properties: L.L. c.). Property is located at the northwest intersection of Centervi/le Turnpike and Lynnhaven Parkway (GPINs 1454980202; 1454983391). DISTRICT 1 - CENTERVILLE. The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. February 12, 2008 BPMS CASCADES Relevant Information: · Centerville District · Applicant requests modification of Proffer 4 of the Conditional Zoning Agreement to allow 4,000 retail square feet of the mixed-use building to remain open 24 hours. Proffer 4 currently requires stores to close between midnight and 6:00 a.m. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0) · There was no opposition. · Consent agenda. II I 'I ,.}.:;~'6t1~~ "\\~",,, -I/:'l #... -"":'~" ~, tJ -...'.....:...;..~...,. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BPMS CASCADES, LLC & BPMS CASCADES 2, LLC, Modification of Proffers, northwest corner of Centerville Turnpike and Lynnhaven Parkway (GPINs 1454981390; 1454985427). CE~TERVILLE DISTRICT. MEETING DATE: July 7,2009 . Background: The City Council approved a Conditional Rezoning from B-2 Community Business District to Conditional B-4 Mixed Use District on December 12, 2006, and modified the proffers of that Conditional Rezoning on February 12, 2008. The applicant now requests modification of Proffer 4 of the Conditional Zoning Agreement with respect to the permitted operating hours for retail uses in the proposed mixed use building. Proffer 4 currently reads as follows: No commercial business establishment shall be operated on the Property, which excludes persons on the basis of age during any part of the day, provides live musical entertainment, requires payment of an entry or cover charge from any patrons, or fails to close for business between the hours of 12:00 am to 6:00 am. . Considerations: The applicant is in negotiatio,:! with a convenience store (no fuel pumps) to locate within the "mixed use building" at the intersection of Centerville Turnpike and Lynnhaven Parkway. As noted above, under the provisions of Proffer 4 of the Conditional Zoning Agreement, no retail uses can be open for business between the hours of 12:00 a.m. (midnight) and 6:00 a.m. The requested modification to the proffer is to allow the store to operate 24 hours a day. The store may currently operate in the mixed-use building by-right; however, Proffer 4 requires that the store close at midnight and allows it to reopen six hours later. The requested modification deletes that restriction. Staff finds that such a change is in keeping with the urban mixed-use character of the proposed building. It is not unusual in urban settings to find convenience stores, drug stores, or diners within mixed-use buildings operating 24 hours a day for the convenience of the residents and any surrounding residential uses. BPMS CASCADES, L.L.C. & BPMS CASCADES II, L.L.C. Page 2 of 2 There was no opposition to this 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 to the City Council, as proffered. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department CityManage~~ l .~~ II 1;1 #9 June 10,2009 Public Hearing APPLICANT AND PROPERTY OWNER: BPMS CASCADES, L.L.C & BPMS CASCADES II, L.L.C. STAFF PLANNER: Faith Christie REQUEST: Modification of Conditional Chanqe of Zoninq approved by the City Council on February 12, 2008 ADDRESS I DESCRIPTION: Property located on the northwest corner of Centerville Turnpike and Lynnhaven Parkway GPIN: 14549813900000; 14549854270000 ELECTION DISTRICT: CENTERVILLE SITE SIZE: 12.757 acres AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The Conditional Rezoning from B-2 Community Business District to Conditional B-4 Mixed Use District was approved by the City Council on December 12,2006, and modified by City Council on February 12, 2008. The applicant now requests modification of Proffer 4 of the agreement with respect to the permitted operating hours for retail uses in the proposed mixed use building. Proffer 4 specifies that no retail uses are to be open for business between the hours of Midnight and 6:00 a.m. The requested modification to the proffer agreement is to allow a specified retail space within the mixed-use building to operate 24-hours a day. The Modification of the Conditional Change of Zoning Proffers approved on February 12, 2008 has seven proffers: PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Site Layout Plan of The Cascades at Woods Corner Centerville Tnpk. I Lynnhaven Pkwy. Virginia Beach, VA", dated October 29,2007, prepared by Humphreys & Partners Architects, L.P., BPMS CASCADES, L.L.C. & BPMS CASCADES II, L.I.C. Agenda It~rn 9 Rage 1 which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Concept Plan"). PROFFER 2: When the mixed use building and the residential buildings depicted on the Concept Plan are developed, the exterior of the buildings shall be substantially similar in architectural features, details and appearance to the exhibits entitled, "MIXED USE BUILDING ELEVATIONS" and "MULlTFAMIL Y BUILDING ELEVATIONS", dated October 29,2007, prepared by Humphreys & Partners, L.P., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Building Elevations"). PROFFER 3: Prior to the issuance of a building permit for construction of a structure on the portion of the Property designated "FUTURE DEVELOPMENT" on the Concept Plan, a set of building elevations depicting a- building with substantially similar and complimentary architectural features, Elxterior building materials and colors to those found on the Mixed Use Building shall be submitted to the Director of the Virginia Beach Department of Planning for review and approval. PROFFER 4: No commercial business establishment shall be operated on the Property, which excludes persons on the basis of age during any part of the day, provides live musical entertainment, requires payment of an entry or cover charge from any patrons, or fails to close for business between the hours of 12:00 am to 6:00 am. PROFFER 5: None of the residential dwelling units depicted on the Concept Plan shall be reserved or set aside for lease or sale only to tenants or purchasers with incomes below the Area Median Income for the Virginia Beach-Norfolk-Newport News, Virginia Metropolitan Statistical Area (MSA) published by the U.S. Department of Housing and Urban Development (HUD). None of the units will be rented to tenants using "Project Based Section 8 Certificates". PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 7: The Covenants, Restrictions and Conqitions set forth herein replace and supersede the 2006 covenants, restrictions, and conditions. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is currently being developed as specified in the 2008 proffered plans. SURROUNDING LAND North: . Single-family dwellings J R-5D Residential BPMS CASCADES, L.L.C. & BPMS CASCADES II, Lt.C. Agenda 1tern 9 Page 2 II USE AND ZONING: South: . Lynnhaven Parkway · Across Lynnhaven Parkway is Centerville Elementary School / R-5D Residential · Centerville Turnpike · Across Centerville Turnpike is currently vacant site / B-2 Business (part of a recent development proposal for retail and other commercial uses and a multi-family project on the portion zoned A-24 Apartment) . Monument Drive · Across Monument Drive is Magnolia Chase Apartments / A-12 Apartment East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is currently under clWStruction. There are no known natural resources or cultural features 'ef significance. IMPACT ON CITY SERVICES There are no direct impacts to City services with regard to the request. Recommendation: Staff recommends approval of this request with the sub.mitted proffers. The proffers are provided below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan identifies this area a Primary Residential Area. The overriding objective of the Plan's policies for the Primary Residential Areas is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the area. In general terms, this means fhat the established type, size and relationship of land uses, both residential and non-residential, in and around neighborhood areas should serve as the guide when considering future development proposals. Developing a mix of compatible uses either within well-designed structures or well-designed tracts of land should also be considered in this area, provided such action contributes to the quality, attractiveness and livability of.the neighborhood. Evaluation: The applicant is in negotiation with a convenience store to locate within the "mixed use building" at the intersection of Centerville Turnpike and Lynnhaven Parkway. The applicant had previously proffered that no retail uses would be open for business between the hours of Midnight and 6:00 a.m. The modification to the proffer agreement is to allow the store to operate 24 hours a day. Such a change is in keeping with the urban mixed-use character of the proposed building. It is not unusual in urban settings to find convenience stores, drug stores, or diners within mixed-use buildings operating 24 hours a day for the convenience of the residents and any surrounding residential uses. Staff, therefore, finds the request acceptable as proffered. BPMS CASCADES, L.L.C. & BPMS CASCADES II, L.l.C. Agenda Item 9 Page 3 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (~107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Proffer number 4 in the 2007 Proffers is amended to read: Other than a convenience store occupying no more than 4,000 square feet of the Building numbered 1 (the Mixed Use Building) on the Concept Plan, the commercial business establishments on the Property shall be closed for business between the hours of 12:00 AM and 6:00 AM. No commercial business establishment shall be operated on the Property which excludes persons on the basis of age during any part of the day, provides live musical entertainment, requires payment of an entry or cover charg~ from any patrons. PROFFER 2: All the terms, conditions, covenants, servitudes and agreements set forth in the 2007 First Amendment to the Proffered Covenants, Restrictions and Conditions recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #20080219000174230, save and except, Proffer numbered 4, as specifically amended and modified herein, shall remain in full force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantors, their heirs, personal representatives, assigns, tenants, and other successors in interest or title. ST AFF COMMENTS: The proffers listed above are acceptable as they ensure the proposed hours are specific to the 4,000 square foot convenience store and that all other aspects of the 2008 rezoning will remain in place. The City Attorney's Office has reviewed the proffer agreement dated February 27,2009, and found it to be legally sufficient and in acceptable legal form. 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 a/1 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. BPMS CASCADES, L.L.C. & BPMS CASCADES II, L.t..C. Agenda It~m 9 Page 4 II II AERIAL OF SITE LOCATION BPMS CASCADES, L.L.C. & BPMS CASCADES II, L.l.C. Agenda Item 9 Page 5 z 0 I- en en i= z w UJ u w U u en en w :::a ...J .... ~ if UJ w <( (J) a- u ~ i= <i J U en cj 0 en rfJ ~ I- ~ ...J ~ 8 tE ~ ~ en z w en en ...J GJ "" q- Cl ~ Z ::l <0 <0 1i5 w w ~ M Q 0 ...J ~Cl Cl @ .- UJ ~ :x: ..:( ...JUJ 0 W ex: (j) 1 U ~ i= -0::: Z 0::: Cl 0 Cl w iX (J) Z ~::':l 52 5 :;:; UJ UJ ~ 0::: .~ :E UJ wI- ex: 0 0 0::: Cl f2 >- 0 0::: :::l Cl o:::::':l ~ UJ 0::: 5 g 0::: ~ U5 w co u.u.. 0::: a.. 0 en ~ 3 ~ UJ rfJ~ ...J -$ UJ 0::: tfJ .- t- o::: (J) ~~ $ a:: a.. 00:: \0 !Z !Z ...J ...J 0::: ~ N ~ ~ :x: ~~ ~f N ~~ ;> ~ ~ I- <!) W Z ~ U5 (j) 0::: a:: II .. :2 w ~ +1 0:: ~ W cr PROPOSED SITE PLAN BPMS CASCADES, L.L.C. & BPMS CASCADES II, L.l.C. Agenda It~rn 9 Page 6 II II 1. 2/12/08 Modification of Proffers Approved 12/12/06 Rezoning (B-2 Business to Conditional B-4 Mixed Use) Approved 5/22/01 Conditional Use Permit Automotive Service Station Withdrawn 2. 3/10/09 Rezoning (B-2 Business to Conditional A-24 Apartment) Approved and a Conditional Use Permit (Automobile Service Station) 1/25/94 Condtional Use Permit (Driving Range and Mini-Golf) Approved 11/10/75 Rezonin R-6 Residential to B-2 Business A roved 3. 1/12/99 Conditional Use Permit Borrow Pit Approved ZONING HISTORY BPMS CASCADES, L.L.C. & BPMS CASCADES II, Ll.C. Agenda Item 9 Page 7 z c=~ I I I · r;<5 l I J , r-. ~ CI':) ~ J I I · I ( Q Z c:=~ c ~ r-r 1 C> Z C~~~ t ( I · ~ . ( r~ t I I Q C> =e ~ ~ DISCLOSURE ST A TEME APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm business, or other unincorporated organization. complete the following: 1 Ust the applicant name followed by the names of aU officers, members, trustees, partners. etc, below: (Attach/ist if necessary) BPMS Cascades, LLC - See Attached BPMS Cascades 2, LlC - See Attached 2, Ust an businesses that have a parent-subsidiaryl or affiliated business entityL relationship with the applicant: (Attach list if necessafY) '''..,,,>--,.._~--~-_._..~-_._''''.''.~<<~ o Check here if the applicant is NOT a corporation, partnership firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation. partnership, firm. busines.s. or other unincorporated organization, complete the following. 1. List the property owner name followed by the names of at! officers, members, trustees, partners etc. below: (Attach list if necessary) 2, List all businesses that have a parent-subsidiari Of affiliated business entityl relationship With ~he applicant: (Attach list if necessary) o Check here If the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization, r-,;;t &. . See next page for footnotes Modificaticr: of Conditionsi\,p;:ttlcalklr: Pllgtl t()of~t RevlsOO !Iii 11004 DISCLOSURE STATEMENT BPMS CASCADES, 1.1.C. & BPMS CASCADES II, l.LC. Agenda It., 9 Page 8 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide serviceS with respect to the requested property use, including but not limited to the providers of architectural services real estate services. financial services, accounting services, and legal services' (Attach list If necessary) Sykes, Bourdon, Ahem & levy, P,C, MSA PC Humphreys & Partners Architects. L.P. 1 "Parent-subsidiary relationship. means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101 ? "AffiUated 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(ili) 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 busmess 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 S 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. [ understand that, upon receipt of notification (postcard) that the application has been scheduled for pUblic hearing, I am responsible for obtaining and posting lhe required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package, BPN~) Ca,cadest LLP By: ,t; "y" " Dwight D Dunton, III Mg Member AppJlcartfs Signalure Print Name Pnnt Name Property Owner's Signature (if different than applicant) tkxjlt,C1ll;M 01 COMitlons AppJicatlOrl Pa~ 11 0'11 Re~d 9/112004 II z <=> t I ~ .~ : ; r--. ea CI":J z <=> . I F--t t c ~ <=> c: ~ ~ <=> Z <=> . I ~ ~ C ;J J .. r--r I . . ~ <=> ~ DISCLOSURE STATEMENT BPMS CASCADES. L.L.C. & BPMS CASCADES II. L.t.C. Agenda Item 9 Page 9 MEMW:.RSHIP: ~!Jw:mlnJJ'&; fume I). Wood Revocable Trust Estate ofWiiliam Bn'ckinridgc \VOOG W. Vincent Wood Sara Wood Hewitt William Breekinridge \VooJ Il Anne Freeman Wood Gavin Edward Hewitt Will. E. Wood }larital Trust Olle \\1m, E. Wood Marital Trust Two Wm, E. Wood.k Family Trust Anne D Wood Ros,' Ann Coker D\\1l!:ht D, Punton, tl1 Da\'id T(,l'l;. David Jester MI~l\:tBERSIl1~< JU~M~laules 2. U.c: Anne D. Wood Re\Ocablc Trust Estate ofWiUiam Breckiuridge ""ooci \V. Vincent WO(J{! Sara Wood Hewitt William Bre.::kinridgc Wood H Anile Freeman Wood GaYin Edward H"."itt Wm, E. Wood Marital Trust One Wol. E, Wood Marital Trust Two Wm, E. Wood .Jr. Familv Trust Anne D Wood . Ro:,;c Arm Coker D'\111,ht D. Dunton, m David T,'rJ;.' DISCLOSURE STATEMENT BPMS CASCADES, L.L.C. & BPMS CASCADES II, Ll.C. Agenda Itern 9 Page 10 II Item #9 BPMS Cascades, L.L.c. & BPMS Cascades II, L.L.C. Modification of Conditions Northwest corner of Centerville Turnpike and Lynnhaven Parkway District 1 Centerville June 10, 2009 CONSENT Joseph Strange: The next application is item 9. An application ofBPMS Cascades, L.L.c. and BPMS Cascades 2, L.L.c. for a Modification of Conditions approved by City Council on February 12, 2008 on property located at northwest corner of Centerville Turnpike and Lynnhaven Parkway, District 1, Centerville, with two (2) proffers. Eddie Bourdon: Thank you Mr. Strange. Madame Chairman, once again for the record, Eddie Bourdon, a Virginia Beach attorney representing BPMS Cascades. We appreciate being placed on the consent agenda for this modification of proffers to accommodate the one convenience store in the mixed use building. Joseph Strange: Thank you Eddie. Is there any opposition to this matter being placed on the consent agenda? Ifnot, the Chairman has asked Phil Russo to review this item. Phil Russo: Thank you Mr. Strange. This is a Modification request for a Conditional Change of Zoning, which was previously approved by City Council in February 2008. The applicant is requesting a modification of a proff~ to the agreement concerning operating hours for retail uscs in the proposed mixed used building. Specifically Proffer 4, states that no retail uses are to be opened for business between the hours of midnight to 6:00 am. And the requested modification to the proffers is to allow a specified retail space within the mixed used building to operate 24 hours a day. The Planning staffhas found that such change is in keeping with the Urban Mixed Use character of the proposed building. Essentially, this is a convenience store use for residents in the surrounding area, and since it is such, Planning has detennined that it is acceptable. And as such, the Commission has decided to put this on the consent agenda. Joseph Strange: Thank you Phil. Madame Chairman, I make a motion to approve agenda item 9. Janice Anderson: A motion by Joe Strange. Eugene Crabtree: I'll second it. Janice Anderson: A second by Gene Crabtree. David Redmond: Madame Chairman? Janice Anderson: Yes. ,I , Item #9 BMPS Cascades, L.L.C. and BPMS Cascades II, L.L.C. Page 2 David Redmond: As a point of disclosure, on item 9, a colleague of mine and my place of business represents the tenant in this transaction action for the convenience store, who is the subject of this application. I don't have any participation in it at all. I wanted to disclose that because it relates to my company. I will therefore, be voting for the application. Janice Anderson: Thank you Dave. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 9 for consent. II II Faith Christie 1+LtY\ L1 From: Sent: To: Cc: Subject: cgeiger7@cox.net Thursday, June 04,20095:13 PM Faith Christie cdaniels@roseandwomble.com The Cascades Hi Faith, I understand that this project is scheduled for a hearing on June 10, 2009. I would like to reiterate the Charlestowne Area Civic League's position. The League is opposed to approving a convenience store in this complex. The 1250 project has already been approved for this type of store. We don't need two convenience stores across the street from one another. Plus, we already have two convenience stores on the corner of Centerville and Kempsville. There is another one at the corner of Kempsville and Volvo. Centerville Elementary is airectly across the street from this project. Why put a convenience store so close to a school? In addition, the original plans stated that the retail would not operate between the hours of Midnight and 6 am. That was why the Civic League did not object to the proposed retail. Now, they are trying to change the plans and have a 24/7 operation. The Charlestowne Area Civic League is opposed to this proposed change in the plans. We voted on this position at our regular meeting in May. Please let me know if you have any further questions concerning our position. Please also let me know if we should be represented at this meeting. Thank you, Charlene Geiger, President Charlestowne Area Civic League 5328 Beaufain Boulevard Virginia Beach, VA 23464 479-2038 ---- Faith Christie <FChristi~vbgov.com> wrote: ------------- ------------- Good Morning Ms. Geiger, I've just received a call from the applicant's attorney that they are requesting a 30-day deferral to give them additional time to work with civic leagues in the area and Mr. Dyer. The request will not be heard on the May 13th Planning Commission agenda. It is now scheduled for the June 10th agenda. Let me know if you need any further information. Faith Christie, CZA, CBO Planner, City of Virginia Beach 2405 Courthouse Drive, Room 115 Virginia Beach, VA 23456 757-385-6379 -----Original Message----- 1 From: cgeiger7@cox.net [mailto:cgeiger7@cox.net] Sent: Sunday, April 19, 2009 9:33 AM To: Faith Christie Subject: The Cascades Please be advised that the Charlestowne Area Civic League has several concerns regarding the proposed 7-11 on the corner of Centerville and Lynnhaven in The Cascades. I recently received a call from J.P.Hyland, Bonaventure, who advised that the 7-11 would be -a 24/7 operation. This is a concern to us. We are also concerned with the proximity to the elementary school. The Board of Directors have been notified of this proposed change and we will also be notifying the members of the Civic League. I will send you our position on this matter within the next week after we have notified the members. Thank you for your assistance. Charlene Geiger, President Charlestowne Area Civic League 5328 Beaufain Boulevard Virginia Beach, VA 23464 479-2e38 2 II I I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7390 DATE: June 29, 2009 FROM: Mark D. Stiles B. Kay WiISO~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; BPMS Cascades, LLC and BPMS Cascades 2, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 7, 2009. I have reviewed the subject proffer agreement, dated February 27,2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Ika Enclosure cc: Kathleen Hassen .../ I , PREPARED BY, mB SY~IS. ROURDON, _ AHmN & LM. P.c. SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS BPMS CASCADES, LLC, a Virginia limited liability company BPMS CASCADES 2, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation ofthe Commonwealth of Virginia THIS AGREEMENT, made this 27th day of February, 2009, by and between BPMS CASCADES, LLC, a Virginia limited liability company, party of the first part, Grantor; BPMS CASCADES 2, LLC, a Virginia limited liability company, party of the second part, Grantor; and. THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of that certain parcel of property located in the Centerville District of the City of Virginia Beach, containing approximately 11.653 acres designated as Parcel I in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the second part is the owner of that certain parcel of property located in the Centerville District of the City of Virginia Beach, containing approximately 1.104 acres designated as Parcel II in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantors have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify previously proffered conditions to the Zoning Classification of the Property; and GPIN: 1454-98-1390 1454-98-5427 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 PREPARED BY: lIB SYns. ROURDON, _tWRN & LID. P.c. II WHEREAS, the Grantors have requested the Grantee to permit this modification of the previously proffered "FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS" dated October 30, 2007 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument #20080219000174230 (hereinafter "2007 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the ~roperty, the following reasonable conditions rela~ed to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest,. voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 2 I , PREPARED BY: ~m SYKfS, ROURDON. m AAfRN & LM. P.c. 1. Proffer number 4 in the 2007 Proffers is amended to read: Other than a convenience storage occupying no more than 4,000 square feet of Building numbered 1 (the Mixed Use Building) on the Concept Plan, the commercial business establishments operated on the Property shall be closed for business between the hours of 12:00 AM and 6:00 AM. No commercial business establishment shall be operated on the Property which excludes persons on the basis of age during any part of the day, provides live musical entertainment, requires payment of an entry or cover charge from any patrons. 2. All of the terms, conditions, covenants, servitudes and agreements set forth In the 2007 First Amendment to Proffered Covenants, Restrictions and Conditions recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #20080219000174230, save and except, Proffer numbered 4, as specifically amended and modified herein, shall remain in full force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantors, their heirs, personal representatives, assigns, tenants, and other successors in interest or title. The Grantors further covenant and agree that: All references hereinabove to the B-4 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a 3 PREPARED BY: lIB SYKIS. ROURDON. m AIIrRN & im. P.c. II resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and '(4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, ap,d the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 I , WITNESS the following signature and seal: Grantor: BPMS Cascades, LLC, a Virginia limited liability company By:' L,~ r) lA~i~~~~ (SEAL) 'ght D. Dunton, III, Managing Member STATE OF VIRGIt,lIA, . CITY /COUNTI ,fb tll':Stov'\... , to-wit: The foregoing instrument was acknowledged before me this '1...--7 day of f7ib(U"LV~ ' 2009, by Dwight D. Dunton, III, Managing Member of BPMS Cascades, tLC, _ a Virginia limited liability company, Grantor. He is personally know to me or has provided")'":>rl ",\os Ll ~;(.~;j.>~ as identification. :;J:V-YlJ)(/lR-f-k-<A/\rC~ Notary Public My Commission EXPire;'~n{tt-f" _ -:s 'i :2-0 t "2- Notary Registration No.: "] '2 Oel (.., TAMARA HARRIS NOTARY PUBLIC REGISTRATION" 7222096 COMMONWEALTH OF VIRGINIA MV COMMISSION EXPIRES MAY31, 2012 . 5 II WITNESS the following signature and seal: Grantor: BPMS Cascades 2, LLC, a Virginia limited liability company By: ~J t () ()H~ (SEAL) D~ht D. Dunton, III, Managing Member STATE OFVIRGIN..M L... CITY/COUNlY ,f\1I /\X f UY\ , to-wit: ) ''-" The foregoing instrument was acknowledged before me this :2-7 day of r-T!.brUlLI ~' , 2009, by Dwight D. Dunton, III, Managing Member of BPMS Cascades, L C, a Virginia limited liability company, Grantor. He is personally know to me or has provided D( \ Wv) 1-' .)(;(AI\.C~ as identification. Jcm~~ +Lu~ Notary Public My Commi~sion .Expires~ IY'WJ~ 311 :;l.D I rL Notary RegIstration No.: }a~ )<OT (p TAMARA HARRIS NOTARY PUBLIC REGISTRATION.7222096 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MAY31.2012 6 PREPARED BY: 1mB SYKIS, IWURDON. m'll Am:RN & llVY. P.c. EXHIBIT "A" Parcel I: ALL THAT certain parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "Parcel A" as shown on that certain plat entitled "RESUBDIVISION OF REMAINING PORTIONS OF PARCEL 4 AND PARCEL 5 'SUBDIVISION OF PROPERlY OF ALEX C. AND VIRGINIA S. BROWN' (MB 2433, PG 260) VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #20081222001437960 on December 22, 2008, a more particular description below as: Beginning at a monument set at the northeastern intersection of Lynnhaven Parkway and Monument Drive; thence along the eastern right-of-way of said Monument Drive a curve to the right with a radius of 40.00', an arc length of 64.33', a chord bearing ofN 64014' 27" W, a chord length of 57.62' and a delta of 920 09' 02" to a monument set; thence N 180 09' 56" W, a distance of 204.08' to a monument set; thence along a curve to the right with a radius of 536.29', an arc length of 187-41, a chord bearing of N 080 09' 05" W, a chord length of 186.52' and a delta of 200 01' 44" to a monument found; thence N 010 51' 49" E, a distance of 100.10' to a monument set; thence along a curve to the left with a radius of 595.44', an arc length of 208.31', a chord bearing of N 080 09' 32" W, a chord length of 207.25' and a delta of 200 02' 41" to a pin found; thence departing Monument Drive N 710 49' 16" E, a distance 736.01 to a pin found on the western right-of-way of Centerville Turnpike; thence along said Centerville Turnpike S 150 11' 39" E, a distance of 206.81' to a point; thence departing said Centerville Turnpike S 710 49' 32" W, a distance of 69.36' to a point; thence along a curve to the left with a radius of 222.00', an arc length of 270.79', a chord bearing of S 360 52' 52" W, a chord length of 254.32' and a delta of 690 53' 20" to a point; thence SOlo 56' 12" W, a distance of 51.79' to a point; thence along a curve to the right with a radius of 48.00', an arc length of 17.93', a chord bearing of S 410 40' 31" E, a chord length of 17.83' and a delta of 210 24' 20" to a point; thence N 710 49' 32" E, a distance of 257-,18' to a point on the western right-of-way of Centerville Turnpike; thence along said Centerville Turnpike S 080 07' 49" E, a distance of 68.91' to a pin found; thence S 14042' 14" E, a distance of 185.98' to a pin found at the northwestern intersection of Centerville Turnpike and Lynnhaven Parkway; thence along said Lynnhaven Parkway S 260 05' 52" W, a distance of 63.73' to a monument set; thence S 750 05' 14" W, a distance of 63.21' to a monument set; thence along a curve to the left with a radius of 800.00', an arc length of 97.98', a chord bearing of S 710 34' 43" W, a chord length of 97.92' and a delta of 070 01' 03" to a monument set; thence S 680 04' 11" W, a distance of 144.03' to a monument set; thence S 280 26' 13" W, a distance of 17.39' to a monument set; thence S 700 51 07" W, a distance of 8.85' to a pin found; thence S 700 11' 08" W, a distance of 52.10' to a monument set; thence S 750 58' 08" W, a distance of 160.13' to a monument set; thence along a curve to the left with a radius of 60.00', an arc length of 4-40', a chord bearing of S 730 52' 03" W, a chord length of 4-40' and a delta of 040 12' 10" to a monument set; thence S 71045' 58" W, a distance of 70.64' to a monument set; thence along a curve to the left with a radius of 2050.00', an arc length of 74.50', a chord bearing of S 700 43' 30" W, a chord length of 74-49' and a delta of 020 04' !56" to a monument set, said monument set being the Point of Beginning and containing S07,591 square feet or 11.653 acres. GPIN: 1454-98-1390 7 PREPARED BY: au Syn:s. ROURDON, 1\11 AlIrnN & LM. P.c. II Parcel II: ALL THAT certain parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "Parcel B" as shown on that certain plat entitled "RESUBDMSION OF REMAINING PORTIONS OF PARCEL 4 AND PARCEL 5 'SUBDMSION OF PROPER1Y OF ALEX C. AND VIRGINIA S. BROWN' (MB 2433, PG 260) VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #20081222001437960 on December 22, 2008, a more particular description below as: Commencing at a pin found on the northwest intersection of Centerville Turnpike and Lynnhaven Parkway; thence along said Centerville Turnpike N 140 42' 14" W, a distance of 185.98' to a pin found; thence N 080 07' 49" W, a distance of 68.91' to a point, said point being the Point of Beginning; thence departing Centerville Turnpike S 710 49' 32" W, a distance of 257.18' to a point; thence a curve to the left with a radius of 48.00', a curve length of 17.93', a chord bearing of N 410 40' 31" W, a chord length of 17.83' and a delta of 21024' 20" to a point; thence N 010 56' 12" E, a distance of 51.79' to a point; thence a curve to the right with a radius of 222.00', curve length of 270.79', a chord bearing of N 360 52' 52" E, a chord length of 254.32' and a delta of 69053' 20" to a point; thence N 710 49' 32" E, a distance of 69.36' to a point on the western right-of-way of Centerville Turnpike; thence S 150 11' 39" E, a distance of 47.80' to a monument found; thence S 080 07' 49" E, a distance of 165.46' to a point, said point being the Point of Beginning and containing 48,101 SF or 1.104 AC. GPIN: 1454-98-5427 ModificationofProffers/BPMS_ Cascades-BPMS_ Cascades2/Proffer 8 II II I ~ - 37 - Item v'X.7. PLANNING ITEM # 58921 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of July 7, 2009, an Ordinance upon application of PUNGO AIRFIELD, LLC for a Conditional Use Permit, re a recreational facility of an outdoor nature (car racing, paintball) and a mulchfacility at 1848 Princess Anne Road ORDINANCE UPON APPLICATION OF PUNGO AIRFIELD, LLe FOR A CONDITIONAL USE PERMIT. RE A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (CAR RACING, PAINTBALL) AND A MULCH FACILITY AT 1848 PRINCESS ANNE ROAD Ordinance upon application of PUNGO AIRFIELD, LLe for a Conditional Use Permit, re a recreational facility of an outdoor nature (car racing, paintba/l) and a mulch facility at 1848 Princess Anne Road (GP IN: 24131421160000;24131540580000) DISTRICT 7 - PRINCESS ANNE Voting: J J -0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel. Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones. Mayor William D. Sessoms, Jr., John E, Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 9, 2009 I I PUNGO AIRFIELD -'.1 Relevant Information: · Princess Anne District · Conditional Use Permit request for outdoor recreation (car racing and paintball) and wood mulch facility Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (9-0-1) · There was no opposition. · Consent agenda. II r.~>>~"iA'~?);:'l /~-' l~:'''''!?;' ::C:', ~.) .c~ " ,,>. .. ,,,,,,,,,,,,"",,... "",& ,. .~ ." ..'.,'" ,." \~:~"";<":.~};> -................ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PUNGO AIRFIELD, L.L.C., Conditional Use Permit, recreational facility of an outdoor nature (car racing, paintball) and a mulch facility, 1848 Princess Anne Road. PRINCESS ANNE DISTRICT MEETING DATE: July 7,2009 . Background: The applicant requests Conditional Use Permits to allow (1) development of the site for a Recreational Facility of an Outdoor Nature (motor vehicle racing and paintball) and (2) a mulching facility. According to the applicant, the site has been used for the motor vehicle racing and 'time trials' since the early-1960s. , This item was deferred on June 9 to allow staff and the applicant time to discuss revisions to the conditions of the Use Permit necessary to address concerns raised by City Council. . Considerations: . The site is used for a 'gymcanna' rally course, which is a timed solo car event on a course laid out with traffic cones. The length of time to travel the course is one to two minutes. Typically, 20 to 40 vehicles participate in the time trials. The hours of operation are dawn to dusk, and there are approximately 50 events a year. A staff, consisting of 6 to 8 people, controls the event, and there are no concessions available at the site. The western portion of the site is used for paintball games. A mulching facility is located on the eastern portion of the site, adjacent to the Coast Guard station. Trees are brought to the site, converted to mulch, and shipped off the site to commercial and residential sites. Research by staff indicates that the activities occurring on the site are operating illegally since there is no evidence of Use Permits or other land use approvals. There was a 1993 Use Permit granted for firewood preparation; however, the current activity does not fall under that category. The property owner was issued a Notice of Violation for the activities occurring on the site. The submitted exhibit plan depicts two entrances to the site, one from Princess Anne Road and one from Cayman Lane. A commercial entrance will be installed at the entrance to the site from Princess Anne Road. The exhibit plan also depicts a 7.S-foot right-of-way reservation along Princess Anne Road, and a 10- foot wide multi-use trail east of the reservation. The exhibit plan depicts the multi- I , PUNGO AIRFIELD, LLC Page 2 of 4 use trail as asphalt but staff is agreeable to mulch as it is expected that the trail will be mainly used by the equestrian community. A staff visit to the site revealed that the entrance from Princess Anne Road serves the motor vehicle racing and paintball operations. Upon entering the site from Princess Anne Road, one travels 430 feet on a gravel roadway to the hard surface of the old airfield runway delineated on the plan for the parking area and restrooms. The applicant will re- grade and resurface the gravel road. The gymcanna and solo track are north of the parking area, located on a portion of the runway. The paintball area is slightly west of the hard surface runway in an area that once housed an airplane hangar. Entrance to the mulching facility is via an old runway area off of Cayman Lane (formerly Flanagan's Lane). The mulching facility occupies approximately 10 acres of the site. The various uses are separated by fencing., There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 with 1 abstention to recommend approval to the City Council with the following conditions. 1. The motor vehicle events and the paintball operation are limited to operating hours of 8:00 a.m. to dusk. The applicant shall provide to the Zoning Administrator a monthly schedule of events before the events occur. Motor vehicle events are limited to autocross I Solo (SCCA) I gymcanna that are designed to test car handling and driver skill rather than vehicle horsepower. There shall be no drag racing, drifting (sliding), or any other similar braking technique, particularly when such technique encourages the sound of 'squealing' tires on pavement. Events shall occur only within the area designated for Solo events on the submitted site plan, which is further described in Condition 2, below. 2. The applicant shall install a commercial entrance meeting Public Works Specifications and 'Standards at the entrance to the site on Princess Anne Road as depicted on the revised exhibit plan entitled "EXHIBIT OF PUNGO AIRFIELD PROPERTY, PRINCESS ANNE ROAD", dated April 29,2009, and prepared by MSA, PC. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall re-grade and resurface the approximately 430-feet long gravel roadway to the hard surface runway delineated on the submitted exhibit entitled EXHIBIT OF PUNGO AIRFIELD PROPERTY, PRINCESS ANNE ROAD", dated April 29, 2009, and prepared by MSA, PC. The applicant may use gravel from the commercial entrance to the runway. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. II PUNGO AIRFIELD, LLC Page 3 of 4 4. The applicant shall reserve 7.5 feet along the Princess Anne Road frontage such that the ultimate right-of-way of 110 feet, in accordance with the Master Transportation Plan amended 10/12/04, is achieved. 5. The applicant shall install a 1 O-foot wide multi-use trail east of the 7.5 reservation along the Princess Anne Road frontage, in accordance with the City of Virginia Beach Bikeways and Trails Plan. 6. The applicant shall repair or replace fencing surrounding the property. Category I -shrubs shall be supplemented where needed~long the fence running parallel to Princess Anne Road. The applicant shall work with the Current Planning staff to determine the appropriate placement of the supplemental landscaping. 7. The applicant shall obtain approval from the Virginia Department of Health for the well and septic systems. 8. The proposed restroom building shall substantially comply with the submitted elevation entitled "Pungo Restroom Facility", dated February 23, 2009, which is contained in the staff report. Said elevation has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. . 9. The applicant shall delineate a minimum of 50 parking spaces on the hard . surface runway to accomm~date staff, spectators, and participants. 10. The applicant shall delineate pedestrian pathways from the restrooms to the parking area and from the restrooms and parking area to the spectator seating and motor vehicle staging areas. The applicant shall install protection for the sp.ectators and participants along the pathways and in front of the spectator area. 11 . The applicant shall remove all inoperative vehicles and equipment, tires, trash, and unusable mulch debris from the site. 12. The site is limited to one non-illuminated monument style sign not to exceed 8 feet in height and not to exceed 16 square feet per face. 13. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy within 6-months of City Council approval of this request. 14. This Use Permit is valid for one (1) year, but it may be administratively renewed. The Zoning Administrator shall review the conditions of this Use Permit on an annual basis to determine if there have been any complaints I I PUNGO AIRFIELD, LLC Page 4 of 4 pertaining to the events. If so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the City Council. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager~ 1<.. , ~~ II II #20 May 13, 2009 Public Hearing APPLICANT AND PROPERTY OWNER: PUNGO AIRFIELD, llC STAFF PLANNER: Faith Christie REQUEST: Conditional Use Permit (Recreational Facility of an Outdoor Nature and Mulch Facility) ADDRESS I DESCRIPTION: 1848 Princess Anne Road GPIN: 24131421160000; 24131540580000 ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 51.1 acres AICUZ: 65 to 70 dB DNL; Sub-Area 2 APPLICATION HISTORY: This item was deferred by the Planning Commission on March 11 to provide time for the applicant to meet with staff to further discuss the issues related to this request. SUMMARY OF REQUEST The applicant requests Conditional Use Permits to allow (1) development of the site for a Recreational Facility of an Outdoor Nature (motor vehicle racing and paintball) and (2) a mulching facility. The application notes that the site has been used for the motor vehicle racing and 'time trials' since the early-1960s. Currently, the site is used for a 'gymcanna' rally course, which is a timed solo car event on a course laid out with traffic cones. The length of time to travel the course is one to two minutes. Typically, 20 to 40 vehicles participate in the time trials. The hours of operation are dawn to dusk, and there are approximately 50 events a year. A staff, consisting of 6 to 8 people, controls the event, and there are no concessions available at the site. The western portion of the site is used for paintball games. The mulching facility is located on the eastern portion of the site, adjacent to the Coast Guard station. Trees are brought to the site, converted to mulch, and shipped off the site to commercial and residential sites. Research by staff indicates that the activities occurring on the site are operating illegally since there is no evidence of Use Permits or other land use approvals. There was a 1993 Use Permit granted for firewood preparation; however, the current activity does not fall under that category. The property owner was issued a Notice of Violation for the activities occurring on the site. The revised exhibit plan depicts two entrances to the site, one from Princess Anne Road and one from Cayman Lane. A commercial entrance will be installed at the entrance to the site from Princess Anne PUNGO AIRFIELD, LLC Agenda Item 20 Page 1 Road. The exhibit plan also depicts a 7.S-foot right-of-way reservation along Princess Anne Road, and a 10-foot wide multi-use trail east of the reservation. The exhibit plan depicts the multi-use trail as asphalt but staff is agreeable to mulch as it is expected that the trail will be mainly used by the equestrian community. A staff visit to the site revealed that the entrance from Princess Anne Road serves the motor vehicle racing and paintball operations. Upon entering the site from Princess Anne Road, one travels 430 feet on a gravel roadway to the hard surface of the old airfield runway delineated on the plan for the parking area and restrooms. The applicant will re-grade and resurface the gravel road. The gymcanna and solo track are north of the parking area, located on a portion of the runway. The paintball area is slightly west of the hard surface runway in an area that once housed an airplane hangar. Entrance to the mulching facility is via an old runway area off of Cayman Lane (formerly Flanagan's Lane). The mulching facility occupies approximately 10 acres of the site. The various uses are separated by fencing. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Abandoned military airfield, currently being used for a mulching facility on the northern portion of the site, and a recreational and amusement facility of an outdoor nature, specifically paintball and motor vehicle racing, on the remainder of the site. SURROUNDING LAND USE AND ZONING: North: . Cayman Lane (formerly Flanagan's Lane) · Across Cayman Lane are single-family dwellings and Ashville Park / AG-2 Agricultural and PD-H2 (R-30) Planned Unit Development . A restaurant / AG-2 Agricultural . Coast Guard Station / AG-1 'A~~ricultural . Princess Anne Road · Across Princess Anne Road are single-family dwellings.! AG-2 Agricultural South: - East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is an abandoned military airfield. Much of the site is covered with impervious runway areas. The perimeter of the site is wooded. There do not seem to be any significant natural resources or cultural features associated with the site. As the site is a former military airfield, there may be hazardous materials in the soil. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN lMTP) I CAPITAL IMPROVEMENT PROGRAM lCIP): Cayman Lane (formerly Flanagan's Lane) north of this request is a two-lane undivided local street. This roadway is not included in the Master Transportation Plan. Princess Anne Road in this vicinity is a two-lane undivided minor suburban arterial. The Master Transportation Plan proposes an undivided roadway with a bikeway within a 100-foot wide right-of-way. This section of roadway is also classified as a buffered roadway within the Transition Area. A Capital Improvement Program project is programmed for this area. Princess Anne Road (Transition Area Network) - CIP 2.S00 is for the PUNGO AIRFIELD, LLC Agenda Item 20 Page 2 II II reconstruction of a two-lane undivided roadway from Sandbridge Road to Indian River Road. This project includes landscaping, aesthetic enhancements, multi-use paths, and bike lanes. Currently, this project is on the "Requested But Not Funded" project list. Comments - Public Works I Traffic Trip generation could not be calculated for this site. Most of the uses proposed for this site are primarily special event type uses where traffic associated with the site would vary dependent on the event and time of day. In most cases, events such as these do not occur during the peak hour of travel and, therefore, have less of an impact to the surrounding roadways. The mulching facility is not considered a special event use, but there is no professional engineering study data available to calculate a trip generation for this use. Barring trip generation information, Traffic Engineering has not received any complaints on the existing site. Comments - Public Works I Engineering A dedication of 7.5 feet is required such that the ultimate right-of-way of 110 feet, in accordance with the Master Transportation Plan amended 10/12/04, is achieved. Comments - Parks and Recreation A 10-foot wide asphalt multi-use trail shall be developed along the Princess Anne Road frontage of the site. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Cayman Lane 396 ADT 1 9,900 ADT Existing Land Use <! - 513 (Flanagan's Lane) ADT Proposed Land Use 3 - see Princess Anne 8,359 ADT 1 5,000 ADT comments above Road , Average Daily Trips 2 as defined by 51.1 acres of agricultural property WATER and SEWER: City water and sewer are not available to the site. The applicant shall obtain the approval of the Virginia Department of Health for well and septic systems. PUBLIC WORKS I STORMWATER: The entire operation should be assessed and brought up to standards to meet current Storm water Management Criteria. PERMITS AND INSPECTIONS: Construction details for the restroom building, indicating compliance with the Americans with Disabilities Act (ADA) and the AICUZ of 65 dB DNL sound attenuation, are required. Virginia Department of Health approval for the septic and well systems is required. A commercial entrance onto the property meeting Public Works Standards is required. Recommendation: Staff recommends approval of this request with the conditions below, EVALUATION AND RECOMMENDATION PUNGO AIRFIELD, LLC Agenda Item 20 Page 3 Comprehensive Plan: The Comprehensive Plan map designates this area as Princess Anne / Transition Area. The site is just north of the Pungo Center destination center as depicted in the Comprehensive Plan (p. 143). This area offers unique and valuable outdoor recreational and open-space opportunities. The site is also a valuable part of the greenway system that will link all parts of the City, as depicted in the City's Bikeways and Trails Plan. The Pungo Crossing Plan, prepared by the Urban Land Institute, but not adopted or approved by City Council, depicts this site as suitable for an outdoor arena "that could host festivals, equestrian events, perhaps a rodeo, carnivals, and auto and truck events" (p. 11). Evaluation: The requests for Conditional Use Permits for a Recreational Facility of an Outdoor Nature and Mulch Facility are appropriate subject to the conditions listed below. The site is an abandoned military airfield, which was purchased from the United States Government by a previous property owner on February 3, 1960. The site was zoned R-M Multiple-Family Residence at that time. Much of the site consists of the impervious cover of old airplane runways. Environmental concerns would have to be addressed if the site is developed with any agricultural or residential uses. The applicant states motor vehicle racing has occurred on the site since the early 1960s. The site was reclassified from R-M Multiple-Family Residence to AG-1 and AG-2 Agricultural in August, 1986. The site was approved for Conditional Use Permits on April 22, 1968, for a fairground, and on August 10,1993, for a firewood preparation facility. The Conditional Use Permit for the firewood preparation facility was limited to a 2-year period, The applicant desires to continue using the runways for the motor vehicle racing and mulching operation, and the area of the old hanger, now demolished, for the paintball facility. The applicant proposes to install restroom facilities for the uses. Staff recommends approval of the request subject to the conditions listed below. CONDITIONS 1. The motor vehicle racing and the paintball operation are limited to operating hours of dawn to dusk. The applicant shall provide to the Zoning Administrator a monthly schedule of events before the events occur. 2. The applicant shall install a commercial entrance meeting Public Works Specifications and Standards at the entrance to the site on Princess Anne Road as depicted on the revised exhibit plan entitled "EXHIBIT OF PUNGO AIRFIELD PROPERTY, PRINCESS ANNE ROAD", dated April 29, 2009, and prepared by MSA, PC. Said plan has been exhibited to the City of Vir~1inia Beach City Council and is on file in the Planning Department. 3, The applicant shall re-grade and resurface the approximately 430-feet long gravel roadway to the hard surface runway delineated on the submitted exhibit entitled EXHIBIT OF PUNGO AIRFIELD PROPERTY, PRINCESS ANNE ROAD", dated April 29, 2009, and prepared by MSA, PC. The applicant may use gravel from the commercial entrance to the runway. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 4. The applicant shall reserve 7.5 feet along the Princess Anne Road frontage such that the ultimate right-of-way of 110 feet, in accordance with the Master Transportation Plan amended 10/12/04, is PUNGO AIRFIELD, LLC Agenda Item 20 Page 4 II II achieved. 5. The applicant shall install a 10-foot wide multi-use trail east of the 7.5 reservation along the Princess Anne Road frontage, in accordance with the City of Virginia Beach Bikeways and Trails Plan. 6. The applicant shall repair or replace fencing surrounding the property. Category I shrubs shall be supplemented where needed along the fence running parallel to Princess Anne Road. The applicant shall work with the Current Planning staff to determine the appropriate placement of the supplemental landscaping. 7. The applicant shall obtain approval from the Virginia Department of Health for the well and septic systems. 8, The proposed restroom building shall substantially comply with the submitted elevation entitled "Pungo Restroom Facility", dated February 23,2009, which is contained in the staff report. Said elevation has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 9. The applicant shall delineate a minimum of 50 parking spaces on the hard surface runway to accommodate staff, spectators, and participants. 10. The applicant shall delineate pedestrian pathways from the restrooms to the parking area and from the restrooms and parking area to the spectator seating and motor vehicle staging areas. The applicant shall install protection for the spectators and participants along the pathways and in front of the spectator area. 11. The applicant shall remove all inoperative vehicles and equipment, tires, trash, and unusable mulch debris from the site. 12. The site is limited to one non-illuminated monument style sign not to exceed 8 feet in height and not to exceed 16 square feet per face. 13. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy within 6-months of City Council approval of this request. 14. The site shall be inspected for compliance with the conditions listed above annually. Failure to comply with the conditions shall result in revocation of the Conditional Use Permit. 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. PUNGO AIRFIELD, LLC Agenda Item 20 Page 5 AERIAL OF SITE LOCATION PUNGO AIRFIELD, LLC Agenda Item 20 Page 6 ~ ~ f Q) 0- o L- 0.. "'C - Q) tt <] < ~ ::: 041':: l: ~ ~OO~~ ~ C :: .!! ;e ::::J ~ .i ~o...f- .... a. ;> <: l: .g ~:: ~ Q- oc ~~~ ~ oo:"'.....J ~~~ ~o , ^ :+ ~ '1 ..,..;... -. II I II it" m. U ; .. ~1:J Q ~ .. ..... e BI~~. ~ __i_a. "... II), iiiiJ ...'" ~-- -... I ....~, '"',- ~ ..1 i -""^ _""'N ~ f "I' , .' :; .1' " It " j Ii .' - I II d U ,,/..- I'! Ii t I i :.~!..'.. .',,',~.'.:. ' , ~j ~ * : . I!! r It t - W ~..~~. ~ , -- , I it - l~, I . · . I .1 .In .ill ~ it 1 ~l I,UI S2J tljf ~l lidS ~J It II' < ....~ IJ11'" c. v ~ ,Il .. J (Itl ,I n PROPOSED SITE PLAN PUNGO AIRFIELD, lLC Agenda Item 20 Page 7 -~ '. ( ""-~> " " 'J" ,1:1 \ i~, ~' t 1 ~" :': yl , 171 -i / i.' t (: ! ~ ! ,~4 " :! ~11 J ".. i '...,.~,n j' ~ f~. ,) , , I "i ,) !~1 t1: \, 'I, f,,~ l' , 1. 'i : ; 1 ; . ~ \ I I j ,~ , ,I, ~ ,. , ' 'J 1, , . '\$ ,: f { , i: ,~, ~ ;\; !<. "l t.;, !~:f:':\'~ "t ' ,: \' , I " _ j' ' , i~ \ ,:' "I:I ; I j'" \ .\' \~ I , . ,h \'; \!, . . DRAWING OF PROPOSED BUILDING PUNGO AIRFIELD, LLC Agenda Item 20 Page 8 , II I II AC;.1 1. 8/10/93 Conditional Use Permit (firewood prep facility) Approved 8/86 Re-classified (A-1 Apartment to AG1 & AG-2 Agricultural) Approved 4/22/68 Conditional Use Permit fair round A roved 2. 2/24/03 Street Closures; Subdivision Variances; Rezoning (AG1 & Approved AG-2 Agricultural to PD-H2 Planned Unit Development (R- 30 Residential 3. 3/28/95 Street Closure roved 4. 7/3/89 Conditional Use Permit roved 5. 12/9/97 Conditional Use Permit roved ZONING HISTORY PUNGO AIRFIELD, LLC Agenda Item 20 Page 9 OSURE STATEMENT APPLICANT DISCLOSURE If the applicant IS a corporation, partnership firm bus mess or ather un:nemporated orgamzation, complete the following 1 List the applIcant name followed by the names of ali officers rnembers trustees, ertners ete below (Attach list if necessary) ~;\\;~~~~.Ji-C-Di~==~~ 2 List all busrnesses that have a parent-subsidiary 1 or affiliated bUSiness enmy" relationship with the applicant: (Attach list if necessary! o Check here If the appltcant IS NOT a corporation partnership firm bUSiness or other unincorporated organizatlon. PROPERTY OWNER DISCLOSURE Complete this section only If property owner IS different frOfTJ applicant. If the property owner IS a corporation, partnership, firm, business or other unincorporated organization complete the followu1g 1 list the property owner name followed by the names of all officers. members trustees partners, ete below. (Attach fist if necessarj) 2 List all businesses that have a parent-subsidIary 1 or affiliated bUSiness entity" relationship With the applicant (Attach list If necessary) o Check here !f the property owner IS NOT a corporation pa.rtnershlp firm. bUSiness. or other unincorporated orgamlatfofl, next page ler fcct'1otes Does an offiCial or empioyee 0 subject land? Yes __.. No 1f yes, what IS the name of the City of VirginIa Beach have an interest In the ffioal or employee and the nature of their interest? '-':ont'NiUHAf t)s.t~ Po!'ytml1 ApptlG.'tlli); P3;le 9 of 111 Re..,~ ',?''V200r z C> I f ~ U I . I l r::a..c ~ 'f ! ',', ~ ~ r"'. . ~ CI':) t::::) ~ o I t f--t . I c:::::a Z C> u PUNGO AIRFIELD, lLC Agenda Item 20 Page 10 z o I t ~ c..;> I . . , J'. ~ f ~ ~ o. ~ cr:J ::::> ~ o I f f--4 I f ~ Z o c..;> II I II ADDITIONAL DISCLOSURES Ust all known contractors or businesses that have or WI!! provide serw;es wIth respect to the requested property use, Includmg but not hm;ted to the prOViders of archltectural services real estate services finanCial services servlC(tS and legal serVlces (Attach list If necessary) ---..-~ U~ .-------~=--=~-=~=--~---- 'Parent-subSidiary relationshIp" means "a relationship that e XIS!S when one corporallon directly or tnClHectly owns shares possessmg more than 50 percent of the votlog power of another corporation." See State and Local Government Conflict of Interests Act Ja Cooe S 22-3101 Afflhated business entity relationship' means "a r~JlallOnshlp other lhan parent, subsidmry relationship. that eXIsts when hi one nusiness entity has a contro!!mg ownership rnter8st In the other bUSiness entity \ii) a controlling owner in one entity IS also a controlling owner In the other entity or (ltI) there is shared management or control between the bllSlness entities Factors that should be conSIdered In determming the eXistence of an affiliated business entity relationship include that the same person or substantially the same person 0\'111 or manage the two entities: there are common or commingled funds or assets. the busmess entftles share the use of the same offices or employees or otherwise share actl\fihes resources or personnel on a regular baSIS; or there is otherwise a close working relationship between the entities ' State and Local Government Conflict of Interests Act Va Cooe ~ 22-3101 CERTIFICA TION: I certIfy that the mformation contained herem IS true and accurate I understand that Jpon receipt of notification {postcard! that the apptlcatlon has been scheduled for pubhc heanng. j air respons;!)le for obtaining and posting the reqlllred sign on the subie,,1 property at least 30 days pnor to the SCheduled public heanngascordmg to the Instruclions ;n thiS package The underSigned a1so consents to entry upon t~~fproperty by emplOyees of ine Department of P1armrng to photograph anq.vrew tl)e si.~for pUrpO~8 of procesSing and evaluating thiS appliCation "....-/,<<.. /' i '\ \\~-.~' \)} ~l\\Q;~_n_1J!~_~4L Pnnt Name I "'"""', j an!'s Signature --.~.'J~----~.-._-_.. i ~ ~ ..,-~~~-,..'-- Property Owner s $1gnature (if cllfferent than applicant) ~:-f.Mv:M K>>lai Use Pt~TfHt Ari>! !cahOfl 10uff() hV2U117 PUNGO AIRFIELD, LLC Agenda Item 20 Page 11 Item #20 Pungo Airfield, L.L.C. Conditional Use Permit 1848 Princess Anne Road District 7 Princess Anne May 13, 2009 CONSENT Joseph Strange: The next matter is agenda item 20. An application Pungo Airfield, L.L.C. for a Conditional Use Permit for a recreational facility of an outdoor nature (car racing, paintball) and a mulch facility on property located at 1848 Princess Anne Road, District 7" Princess Anne, with fourteen conditions. Billy Garrington: Thank 'you Madame Chairwoman. Ladies and gentlemen ofthe Planning Commission, for the record, Billy Garrington, here on behalf of the applicant Mr. William Thummel. Mr. Thummel is also in attendance. Members o(the Planning Commission, Mr. Thummel and I were in the informal session. We have been given a copy of the fourteen (14) revised conditions. I would like first of all, to personally thank Faith Christie and your Planning Director, Mr. Jack Whitney, for giving us a lot oftheir time and a lot of their efforts to come up with these fourteen revised conditions that we have in front of you today. We're in total agreement with those 14 conditions. I would like to point out to the Commission members that Mr. Thummel also has a written agreement with every person who participates on this property. There is a section in that written agreement that prohibits the use and possession of alcoholic beverages. I know that is hard to enforce, but Mr. Thummel is doing everything he can to make sure that is not an issue, mostly for his own liability purposes. We heard you discussing that in the informal session, and although that is not a condition that is in this Planning Commission agenda, he has taken the step and that is part of the written agreement with all of his participants. We thank you very much for putting us on consent agenda, and again we can't thank Ms. Christie and Mr. Whitney enough for their help in getting it this point. We thank you very much. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Al Henley to review this item. Al Henley: Thank you Mr. Strange. The address is 1848 Princess Anne Road, downtown Pungo. The applicant requests Conditional Use Permit to allow development of the site for a recreational facility of an outdoor nature (motor vehicle racing and paintball), and a mulching facility. Currently, the site is used for "gymkhana" rally course, which is a timed solo car event on a course laid out with traffic cones. The length of time to travel the course is one to two minutes. Typically, 20 to 40 vehicles participate in the time trials. The hours of operation are dawn to dusk, and there are approximately 50 events per year. A staff, consisting of 6 to 8 people, controls the event, and there are no concessions available at the site. The western portion of the site is used for paintball games. The mulching facility is located on the eastern portion of the site adjacent to the Coast Guard Station. Trees are brought to the site, converted to mulch and shipped off the site to commercial and residential uses. The revised exhibit plan depicts two II I II Item #20 Pungo Airfield, L.L.c. Page 2 entrances to the site, one on Princess Anne Road and one from Cayman Lane. A commercial entrance will be installed at the entrance on Princess Anne Road. Entrance to the mulching facility is via an old runway area off of Cayman Lane, formerly Flanagan's Lane. The mulching facility occupies approximately 10 acres. Staff recommends approval of this application, and therefore the Planning Commission has placed this on the consent agenda noting the fourteen conditions. Thank you. Joseph Strange: Thank you AI. Madame Chair, I have a motion to approve item 20. Janice Anderson: I have a motion by Joe Strange. Do I have a second? We have a second by Don Horsley. I'm going to abstain from item 20. My firm represents the applicant on that matter and on several other matters. AYE 9 NAY 0 ABS 1 ANDERSON ABS BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 9-0, with the abstention so noted, the Board has approved item 20 for consent. CAROL JOYCE i if';"":"'\."- I,~ -~ 1(; , -.---.., '" / -. / l" ;' ':t ','~"..,' Q,' /~'V'Y'DI ,//~~ Relevant Information: · Beach District . The applicant requests a Conditional Use Permit for a residential kennel to keep five dogs. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0) · There was no opposition. · Consent agenda. II III '!F;q}~?~~ r.... ~, r[ <%.) }: ,. ~~ ~~.:., ~ ;;.", ~<" ".' ,,;'.~ '\:~ . -", ' <.i' ......:..;:.;.::_.:.-4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CAROL J. JOYCE, Conditional Use Permit, residential kennel, 1064 Salisbury Drive. BEACH DISTRICT. MEETING DATE: July 7,2009 . Background: The applicant requests a Conditional Use Permit to allow a residential kennel of up to five adult dogs. The City Zoning Ordinance allows four adult dogs without a residential kennel permit. The applicant owns a single-family dwelling on an 8,073 square foot lot located within the Magic Hollow neighborhood. The site is zoned R-7.5 Residential District. . Considerations: The applicant currently has five dogs including a Labrador/Shepherd mix, a Miniature Shepherd/ Chow mix, a Beagle/Labrador mix, a Papillion, and a Newfoundland/Flat Coated Retriever mix. Three of the dogs are 14 years old. The applicant has stated that when one of the dogs dies, she will not acquire any further dogs. The dogs live inside the dwelling and are generally walked once a day. The rear yard is enclosed by a six-foot privacy fence. The dogs are let out into the back yard as necessary. There was no opposition to this 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 to the City Council, with the following conditions: 1. No more than five dogs (over six months of age) shall be kept on the property any time. 2. Dog litter shall be collected and disposed of daily. 3. The applicant shall maintain all required vaccinations and shall properly license the dogs through the City of Virginia Beach. CAROL J. JOYCE Page 2 of 2 4. Upon the death of anyone of the five dogs, the site shall be limited to no more than four dogs. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department CityManage~ k . ~ REQUEST: Conditional Use Permit (Residential Kennel) ADDRESS / DESCRIPTION: 1064 Salisbury Drive II III #5 June 10,2009 Public Hearing APPLICANT I PROPERTY OWNER: CAROL J. JOYCE STAFF PLANNER: Leslie Bonilla GPIN: 14962189190000 ELECTION DISTRICT: BEACH SITE SIZE: 8,073 square feet AICUZ: Greater than 75 dB DNL APZ - 2 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a residential kennel of up to five (5) adult dogs. The City Zoning Ordinance allows four (4) adult dogs without a residential kennel permit. The applicant currently has five dogs including a Labrador/Shepherd mix, a Miniature Shepherd/ Chow mix, a Beagle/Labrador mix, a Papillion, and a Newfoundland/Flat Coated Retriever mix. Three (3) of the dogs are 14 years old. The applicant states she will not acquire any further dogs, even when a dog is deceased. The dogs live inside the single-family dwelling on-site and are generally walked once a day. The rear yard is enclosed by a six-foot privacy fence. The dogs are let out into the back yard as necessary. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND USE AND ZONING: North: South: . Single-family dwellings / R-7.5 Residential District . Single-family dwellings / R-7.5 Residential District CAROL J. JOYCE Agenda Item 5 Page 1 East: · Multi-family dwellings / PD-H1 Planned Unit Development District · Single-family dwellings / R-7.5 Residential District West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant naturall~esources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Salisbury Drive in front of this site is a two-lane street. TRAFFIC: Street Name Present I Present Capacity Generated Traffic Volume Salisbury Drive No Traffic Counts Available Existing land Use ~ - 10 ADT Proposed land Use 3 - 10 ADT; 1 Peak Hour Average Daily Trips 2 as defined by one single-family home 3 as defined by one sinqle,.family home/residential kennel for 5 docs WATER: This site is currently connected to City water. SEWER: This site is currently connected to City sanitary sewer. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this area as part of the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Evaluation: The request is acceptable to Staff subject to the conditions listed below. The applicant's dogs remain indoors much of the time. Staff is recommending a condition that all dog waste be disposed of daily. Section 223 of the Zoning Ordinance, which regulates this type of activity, requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot, CAROL J. JOYCE Agenda Itaf;n 5 Page 2 II except where the animals are kept in soundproof, air-conditioned buildings. As the dogs are primarily indoors, the need for the kennel to be 100 feet from the property line is not necessary, CONDITIONS 1, No more than five (5) dogs (over six months of age) shall be kept on the property any time. 2. Dog litter shall be collected and disposed of daily. 3. The applicant shall maintain all required vaccinations and shall properly license the dogs through the City of Virginia Beach. 4. Uoon the death of any one (1) of the five (5) dOQs. the site shall be limited to no more than four (4) dOQs, 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. CAROL J. JOYCE Agenda Itet']1 5 Page 3 AERIAL OF SITE LOCATION CAROL J. JOlCE Agenda Itepl 5 page 4 . " ,~ -i . ,'J .l~ .'t~ ri- 4 ~'J' ,~. (g ..,,\ ~ ". ft ,.'r \ I CJ' _' h.... ,~J' ~f ~ .r- {" b~~.,1 I ~. to. "'Q ~z... II a t~" a:.i. v~. .. ~ q'>> ,.. I ~ ,"as. D ~ l~ 6\1;' .....' .. ~ I--~ fit t ...~tO.... l-~ a S .,.,__.-_ ~... u_...____ ,~ Ol~ (.) ,- ~>> "- ~.... ',. j, II no~ r; JNO.LS"'V', ; !;~, i 1 '" .....,,.+~- ,fit ---..-.-....... -, ;,: "- II II" . ~ a N S~ii ' V ~ l' Mf1 G"- , -! ...,.. .=It tti.. ...... ' .f a _ al. ~ ~ o..,._t. " ~...> }_I... ... ... ' ! eel ... I' .J01 ,"':.. l I ~ . t I . :a ' .---..-----!..t~.~ l !"\ ~ I . , .. . ~ f,.' J.~no' Zll,1S . . v;.; a! - . , II.' I ". S .. .-t!! ._-';-:'0;-11 :.;: Ii ~ V . I r. {iii " Il~ _I . lO'iI'N...1II ~~:- --.- - .,. ~. II '......1 :...' I Q-i--~-.~JI~'~ ~ 1: ... It' ^ \. ~ . . . 0' · .. l! t II I ~ \. .;~T!;. .. I . SUBDIVISION PLAT CAROL J. JOYCE Agenda Item 5 Page 5 PHOTOGRAPH OF BtJlLDING CAROL J. JOYCE Agenda Item 5 Page 6 II "I I PHOTOGRAPH OF BACKYARD CAROL J. JOYCE Agenda It~ 5 Page 7 # DATE DESCR\PT\ON ACT\ON 1 5_14-02 conditional Use pennit (self-storage) Granted 5_'14-02 zonlna Chanae (R-7.5 to condiflona\ B-2) Granted 2 3_10-92 Modification of tha l.and Use Plan Granted ZON\NG ,""STORY - - CAROL J. JO'lCE. Agenda item 5 page 8 ISCLOSURE STATEMENT APPLICANT DISCLOSURE If the apphcalit IS a corporation, partnership firm business or other unincorporated orgarllzation complete the following. , Ust the applICant name followed by the names of al! officers. members trustees, partners etc. below' (Attach list if necessary; Carol Joyce 2, Ust all bUSinesses that have a parent-subsidiary j or affiliated bustness entityi relationship with the applicant (Attach list if necessary) 1. V Check here if the applicant is NOT a corporatJon, 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 ~lOtncorporated organization, complete the tolJowlng 1, list the property owner name followed by the names of all officers, members, trustees, partners ete below (Attach list If necessary} 2. Ust all bus~nesses that have a parent-subslcharyl or affiliated busmess entity' relationship with the applicant (Attach list If necessary) B Check here If the property owner is NOT a corporation partnership firm, busmess, or other unincorporated orgarllzat!on ~ for footnotes Does an offiCial or employee of the City of Virgmia 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 II'lterest? Condrto<Yl!M US\! P>J>Hftlf Appl",..WQn q c' 10 7r",2Xli z o I I !< u t I b~ ~ h ~ b3 ~ C'I:J 't:::;) ~ o . I f--4 J I ~ Z o u DISCLOSURE STATEMENT CAROL J. JOYCE Agenda Item 5 Page 9 z o I I ~ U I I ......:I =-- ~ E-c ~ ~ =-- BJ ~ ~ o I I E-c J . Q Z o u CIS ADDITIONAL DISCLOSURES Ust all known contractors or bUSinesses that have or will provIde ser/ices with respect to the requested property use includIng but not limited to the provide:fs of architectural services, real estate services. financial services, accounting sEHvices and legal services (Attach Hst if necessary) -"..j,....:,"',,:cc'~..~.,.,,'''-,- "Parent"subsldiary relatlODship" means "(I relabonstHp that e )(ists when one corporation dlfectly or indirectly owns shares possessing mOle than 50 percElnt of the voting power of another corporation See Stale and local Government Conflict of Interests Act Va, Code S 22-3101 Affiliated business entity relationship" means "8 relationshIp" other than parent- subsidiary relatlonslnp, that exists when (I) one bUSIness entity has a contro!lingownershlp interest in the other busmess entrty Hi) a controlling owner m one entity is also a controlling owner in the other !?ntily or (hi) there is Shared management or control beh'leen the business entities, Factors that should be considered In determining the e"jstence'of an affihated business entity relationship mclude that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds 01 assets, the business entitles share the use of the same offices or employees or othElrWISe share activitIes" resources or personnel on ill regular baStS or there is otherwise a close worKmg relationshIp between the entIties" See State and {.ocal Government Conflict of Interests Act Va Code ~ 2 2-3101 CERTIF1CA TION: I certtfy that the Intormahon contamed here!!'lIS lrue and accurate I understand that upon receipt of notmcal:ton (postcard) that tM applicatlOfl has been scheduled for publiC hearing, ! am responSible for obtaIning aoo posting the reqUited sign on the !>ubJect property at least 30 days prior to the scheduled publiC heanng accordIng to the Instruclions In thiS package The underSigned alSO consents to entry upon the subject property by emplOyees of the Department of Planning 10 photograph 900 vi&w the SIte for purposes of processing and eval~tatlnH this appllcahon Property Owner's SIgnature lrt different than app!;cant\---~- ~":.{~nd~H\Ylat use PennA P~e R~"",oo DISCLOSURE STATEMENT CAROL J. JOYCE Agenda Itefin 5 Page 10 II Item #5 Carol J. Joyce Conditional Use Permit 1064 Salisbury Drive District 6 Beach June 10, 2009 CONSENT Joseph Strange: The next matter is agenda item 5. An application of Carol J. Joyce and Ramon P. and Carol J. Joyce for a Conditional Use Permit for a residential kennel on property located at 1064 Salisbury Drive, District 6, Beach, with three (3) conditions. Carol Joyce: I'm Carol Joyce. I thank you all for hearing me today. I've read and understand all the conditions and I'll be in full compliance with them. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? Ifnot, the Chairman has asked Jay Bernas to review this item. Jay Bernas: Thank you Vice Chairman. The applicant requests a Conditional Use Permit to allow a residential kennel for up to five (5) adult dogs. The current ordinance only allows four (4) adult dogs without a residential kennel permit. The applicant currently has five dogs, which are family pets and she states that she will not acquire any further dogs even if the dog is deceased. There is no opposition to this applicant, and therefore, the Planning Commission felt it should be placed 011 the consent agenda for approval. Joseph Strange: Thank you Jay. Madame Chairman, I make a motion to approve agenda item 5. Janice Anderson: A motion by Joe Strange. Eugene Crabtree: I'll second it. Janice Anderson: A second by Gene Crabtree. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE Item #5 Carol J. Joyce Page 2 RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 5 for consent. EVERETTE LEE BROWN Map K-L 7 Map Not to Scale ~ .~ln~~ ~fll B(-~UD II ~\\ 8-2 v. BEACH BLvu mJ L~~t ~. a-i ." ~~ n.". 010 r1 '- - ~ OE} U O. a'~ ~ 007 "J _ 1"\ ~9 1~3~ ~~~o :: {in OCEANI"" GARDEN~ . u - - ]40 ~g 1...]14 [;J t/b Aft I.::l---- f( " 1...-1 \"""'l 1J.9'l4 't(1ll ~ 2 r:.. ~ - rtf -~... llJ) / ., J ..., we 017 Il2 I _- Ulc 25 0 ~ LL " dfl C5c Q LJ U [j .~ Everette Lee Brown -- ~ 1-1 00 00 020 00 003 1-1 /, ( ) ~~ 029 001 CUP - Bulk Storage Relevant Information: · Beach District . The applicant requests a Conditional Use Permit for a bulk storage yar:d to be located behind an existing building on the site. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0) · There was no opposition. · Consent agenda. "I r-...."1A'.s...,... "-~(,\".,, t"(Cij,,, /,.;"", '[; '.>1 ~~tJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EVERETTE LEE BROWN, Conditional Use Permit (APZ-1), bulk storage yard, 1333 Dukes Lane. BEACH DISTRICT. MEETING DATE: July 7,2009 . Background: . The applicant requests a Conditional Use Permit to allow development of a portion of the site for a bulk storage yard. The applicant will be storing construction equipment and recreational vehicles. The site is located directly behind an existing office-warehouse and bulk storage yard owned by the applicant. The entire site is within the highest of the Air Installations Compatible Use Zones (AICUZ) and Accident Potential Zone 1 (APZ-1). Low intensity uses that conform to AICUZ and APZ-1 provisions are suitable for the area. The request complies with the recommendations of the Comprehensive Plan for the area, and also with the permitted uses defined in the City Zoning Ordinance, Article 18, Special Regulations in Air Installations Compatible Use Zones. . Considerations: Access to the site is through the applicant's property, which fronts on Virginia Beach Boulevard. The surface of the site is currently graveled up to a tidal fringe marsh on Great Neck Creek. The applicant constructed a berm around the perimeter of the site to contain the gravel. There are a storage shed and a shipping container on the site. There will be no additional land disturbance within the landward and seaward portions of the 100 foot buffer adjacent to Great Neck Creek. No trees were removed to accommodate any development of the site. The applicant appeared before the Chesapeake Bay Preservation Board in May 2009 for approval of the encroachments of the storage yard into the Chesapeake Bay Preservation Area. The Board approved that request with 13 conditions. There was no opposition to this 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 to the City Council with the following conditions: EVERETTE LEE BROWN Page 2 of 2 1. The applicant shall meet all of the conditions attached to the Chesapeake Bay Preservation Area Board variance approval dated May 21, ~~009. 2. The development of the site shall conform to the submitted site plan entitled "Site Plan of Dukes Lane Open Storage", prepared by Mel Smith and Associates, and dated 8/15/08. Said plan has been exhibited to the Virginia Beach City Council and is on file at the Virginia Beach Planning Department. 3. The applicant shall submit a site plan depicting the location of the bulk storage area for review and approval. Bulk storage shall be limited to recreational vehicles (campers, boats, boat trailers, jet skis and trailers), containers, and construction equipment and vehicles. Vehicles, trailers, containers, and construction equipment shall be stored within the designated areas. There shall be no storage of inoperative, junked, and or wrecked vehicles, and no storage of construction materials and or debris. 4. Storage of any hazardous, flammable and combustible materials used, stored or sold on site shall comply with the Virginia Statewide Fire Prevention Code and NFPA requirements. 5. The Fire Marshall must approve security for ingress and egress such that Fire Department access is not obstructed. Gated sites must provide for Fire Department access by using the Knox or Supra key system. Electrically operated gates must have a failsafe operation in the event of a power failure. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: .. Ii.., ~ # 10 June 10,2009 Public Hearing APPLICANT AND PROPERTY OWNER: EVERETTE LEE BROWN 1-1 '- "-, " 1 -1 ''-, \ CUP - Bulk Storage STAFF PLANNER: Faith Christie REQUEST: Conditional Use Permit (bulk storage) ADDRESS I DESCRIPTION: 1333 Dukes Lane GPIN: 2417351239;24173~1296; 2417352351 ELECTION DISTRICT: BEACH SITE SIZE: 1 .244 acres AICUZ: Greater than 75dBLdn and Accident Potential Zone 1 (APZ-1 ). SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for a bulk storage yard. The applicant will be storing construction equipment and recreational vehicles. The site is located directly behind an existing office-warehouse and bulk storage yard owned by the applicant. Access to the site is through the applicant's property, which fronts on Virginia Beach Boulevard. The surface of the site is currently graveled up to a tidal fringe marsh on Great Neck Creek. The applicant constructed a berm around the perimeter of the site to contain the gravel. There are a storage shed and a shipping container on the site. There will be no additional land disturbance within the landward and seaward portions of the 100 foot buffer adjacent to Great Neck Creek. No trees were removed to accommodate any development of the site. The applicant appeared before the Chesapeake Bay Preservation Board in May 2009 for approval of the bulk storage yard. The following conditions are attached to the approval: 1, A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. EVERETTE L. BROWN Agenda Item 10 Page 1 2. Orange 36" reinforced silt fence, for erosion and sedimentation control measures, shall be installed along the seaward limits of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed 10ft. from proposed improvements. 3. Permanent and / or temporary soil stabilization measures shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. 4. Construction limits shall lay a maximum of 10' outboard of improvements. 5. The construction access way shall be noted on the site plan, as well as the stockpile staging area. 6. Stormwater runoff from existing impervious cover shall be conveyed to storm water management facilities. Storm water facilities shall be installed prior to the certificate of occupancy or release of the building permit. 7. As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $2,521.00 and is based on 25% of the proposed impervious cover within the RPA, inclusive of the variable width portion of the buffer. Said payment shall provide for the equivalent of an approximate 2,750 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 8. Areas that are currently in a natural state, shall remain in a natural state to include the forest floor (leaf litter) left intact. 9. The berm shall be relocated to lie midway of the 50 ft. portion of the 100' buffer. All disturbed area seaward of said realignment shall be restored consistent with the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The area shall not be mown and shall not be allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. 10. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan , detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized area (forest floor), planting beds, and turf zones. 11. The proposed gravel storage yard shall be constructed of #57 washed aggregate at a minimum depth of 6 inches. 12. The conditions and approval associated with this variance are based on the site plan dated August 15, 2008, with a revision date of 4/15/09, prepared by Mel Smith & Associates. 13. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. EVERETTE L. BROWN Agenda lte'11 0 Page 2 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Being used for storage of equipment SURROUNDING LAND USE AND ZONING: North: South: East: West: · Office -Warehouse and Bulk Storage 11-1 Light Industrial · Undeveloped 1 Conditional 1-2 Heavy Industrial · Undeveloped 11-1 Light Industrial · Undeveloped I R-5S Residential NATURAL RESOURCE AND CULTURAL FEATURES: The site is located within the Resource Protection Area of the Chesapeake Bay Preservation Ordinance area. The applicant received approval for the bulk storage lot from the Chesapeake Bay Preservation Board in May 2009. There are no known cultural features associated with the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in front of this site is classified as a minor urban arterial. There are currently no Capital Improvement Program (CIP) projects scheduled for this section of Virginia Beach Boulevard. The Master Transportation Plan includes improvements to Virginia Beach Boulevard in the vicinity of this application. Improvements include a divided highway with a bike path and a future right-of-way width of 100 feet. . TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Virginia Beach 13,310 ADT 22,800 ADT 1 Existing Land Use 2 - 50 Boulevard (572 Peak Hour) (1,190 Peak Hour) ADT (10 PM Peak Hour) Proposed Land Use 3 - 121 ADT (10 PM Peak Hour) . Average- Daily Trips 2 as defined by 10,000 sQ. ft. warehousing and 3.000 sq. ft. automotive care center 3 as defined bv 10,000 sn, ft. warehousina, 3,000 sa. ft. automotive care center, and 1.244 acres of storaae WATER: There are two 12-inch water mains in Virginia Beach Boulevard fronting the site. and a four-inch water main is located in a public utility easement running along the southern boundary of the site. SEWER: There is an 8-inch sanitary sewer main and a 20-inch sewer force main in Virginia Beach Boulevard fronting the site. There is an 8-inch sanitary sewer main in a public utility easement running along the southern boundary of the site. There is a 42-inch HRSD force main south of the property extending north through the center of the site crossing Virginia Beach Boulevard. EVERETTE L. BROWN Agenda Item 10 Page 3 EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The site is located within the Primary Residential Area; however, the site is slightly north of Strategic Growth Area 8, East Oceana Area, and slightly west of the entrance to the southern portion of the Resort Area. Much of this site is constrained by floodplain, high noise, and accident potential zones. Given the site's characteristics it is suitable for low-intensity industrial uses. Evaluation: The entire site is within the highest of the Air Installations Compatible Use Zones (AICUZ) and Accident Potential Zone 1 (APZ-1). Low intensity uses that conform to AICUZ and APZ-1 provisions are suitable for the area, The request complies with the recommendations of the Comprehensive Plan for the area, and also with the permitted uses defined in the City Zoning Ordinance, Article 18, Special Regulations in Air Installations Compatible Use Zones. Staff finds the request acceptable subjeet to the conditions listed below. CONDITIONS 1. The applicant shall meet all of the conditions attached to the Chesapeake Bay Preservation Area Board variance approval dated May 21, 2009. 2. The development of the site shall conform to the submitted site plan entitled "Site Plan of Dukes Lane Open Storage", prepared by Mel Smith and Associates, and dated 8/15/08. Said plan has been exhibited to the Virginia Beach City Council and is on file at the Virginia Beach Planning Department. 3. The applicant shall submit a site plan depicting the location of the bulk storage area for review and approval. Bulk storage shall be limited to recreational vehicles (campers, boats, boat trailers; jet skis and trailers), containers, and construction equipment and vehicles. Vehicles, trailers, containers, and construction equipment shall be stored within the designated areas. There shall be no storage of inoperative, junked, and or wrecked vehicles, and no storage of construction materials and or debris. 4. Storage of any hazardous, flammable and combustible materials used, stored or sold on site shall comply with the Virginia Statewide Fire Prevention. Code and NFPA requirements. 5. The Fire Marshall must approve security for ingress and egress such that Fire Department access is not obstructed. Gated sites must provide for Fire Department access by using the Knox or Supra key system. Electrically operated gates must have a failsafe operation in the event of a power failure. 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. EVERETTE L. BROWN Agenda Item 10 Page 4 AERIAL OF SITE LOCATION EVERETTE L. BROWN Agenda Item 10 Page 5 '~ _i _"'~ " ~ .."ll'_~1-;t !!!!55i ~ S:iJ.VlJOSS~ i.LiW au !~i ,.,,,--- :n:, ~= ,/1:1, I,~~; I'll I \)/.~,;I,!1 :'-/i ! ! O! ! ~!- 11,1 -- 'I fi Ii I! ! ii!L I Ii " i J ~ijj :!. ~2 _Jl ~l r. ."1 ,rIU]; I ll.:m,' [till j . 'Ii I . ; .~~ f +';>,)'h v.b ~4 .(".Jt~o . ... Ii ij ~ · = il! fl~ ; tJ!111i . Ii... .. iI .; q. rl'g . fi I ... !. '19 ~ II1' ~ h '~5S I It. 'f t ., ( ce I ~ s . .~ . f ~ ''', Ij~ Ie! I ,mi ., _,lad ~ Illli'11jl ! I ,hi .1'1 . H!I!~!!!i I :: 'f'tl11' .~. ~ ~- ./ , j i i 1 I D , ! II ! Ii ! ~ ~ .: I~; . i ~ 1 I · ~III!'~ I l .~. ~ I II I~.' ,~,. 11.1 Liti, 11 el ~z ~ II PROPOSED SITE PLAN EVERETTE L BROWN Agenda Item 10 Page 6 PHOtOGRAPH OF SitE - - EVERE11E L. BROWN Agenda \tem ~ 0 Page 7 Everette Lee Brown o B-2 I-I 029 001 003 2 I-I 1-1 cUP - Bulk Storage 1. 7/18/06 Conditional Use Permit (Bulk Storage Approved and Automobile Re air Gara e 2. 12/12/00 Rezoning (1-1 Light Industrial to Approved Conditional 1-2 Heavy Industrial) and Conditional Use Permit (Storage and Processing of salvage, scrap and junk automobiles 3. 8/8/00 Conditional Use Permit (Fiber optics Approved transmission facilit 4. 12/10/02 Conditional Use Permit ZONING HISTORY EVERETTE L. BROWN Agenda Item 10 Page 8 II DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnershIp, finn, business, or other unincorporated orgamzation, 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 entlti relationship with the applicant (Attach list if necessary) o Check here jf the apphcant is NOT a corporation. partnership, firm, bUSiness. or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant If the property owner IS a corporation, partnership. firm, bUSiness, or other unincorporated organization, complete the following: 1. list the property owner name followed by the names of all officers. members. trustees. partners. etc below: (Attach list if necessary) 2. Ust all businesses that have a parent-subSidiaryl or affiliated business entity"' relationship with the applicant: (Attach list if necessary) o Check here if the property owner IS NOT a corporation. partnershIp. firm, business, or other unincorporated organization. ".--"'.' _'-w_ 1 .& L See next page for foolr1otes Does an official or employee of the ,~~of Virginia Beach have an interest in the subject land? Yes '__"'_ No r"', If yes, what IS the Ilame of the official or employee and the nature of their Interest? AP2~.1 C;~A.~(Ht00ftJ Use PHffinf Ap}Y~~~Hon Fa!le :rot.'I Re'i"~t'#~;J 4;2'6: .JuC? EVERETTE L. BROWN Agenda Itel1'l1 0 Page 9 DISCLO ADDITIONAL DISCLOSURES Ust all known contractors or businesses that have or wiH provide services with respect to the requested property use, mcluding but not limited to the providers of architectural serVices, rea~ estate services. financial services, accounting services, and legal servIces (Attach Itst If necessary) ] ',('" .,j ?' ..IJ1tJ1-...,.;:tL~^,- < ./"q L? dr', e r- ,..-. - ',iI'!' W. w/.,;tf ~, .",.._____,.....,,~__.^,,' ....h.~~~'..>._...,_.__.__...m......_~~~..._~~._''''''''"'~,.~--''"-______,,~ ..,~,~~"---..-..._,,._____.__.___m_.".~,..__...~.....~.____~~_""_ ~..,.,"_,.~""'~""._._,..,..."._,,~<<M....---._=_'_..._....__~ -""'--~,-_.~...------~_.~.__._..." ...-,...~..__.-,~_.~.._-,',.-......""'"--~_.....-.~.._.,~--- "Parent-subsidiary relationship means a relationShip that exists when one corporation directiy or indirectly owns shares possessing more than 50 percent of the voHng power of another corporation' See State and Loca! Government Conflict o'f Interests Act Va Code ~ 2.2-3101 ; "Affiliated business entity relationship' means 'a relationship, other than parent- subsidiary relationship that exists when (i) one business entity has a controlling ownership Interest mlhe other bUSIness entity, (il) a controlling owner In one entity is also a controlling OWMr tn the other entity, or Oii) there is shared rnanagement or control betweefl the business entitle!,:L Factors lhat should be consHlered in delermining the existence of an affiliated busll1E!sS entity relatfonship include that the same person or sll!JslantiaHy 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 entitles,' See Slate and Local Govermnent Conflict of Interests Act Va, Code S :2 2,,3101, CERTIFICATION: I certify that the ,nlOmlllt;On contained herem is In;!>: aM ,iccurale, I understand that upon rece'pl of notification {postcard) that the applicahon has OeE.n scheduled for public hearing, I am responsit>le for obtall1JnQ and posting the reqlJ1red s.gn on the subject property at least 30 days pnor to the scheduled public heanng according to the !f1structiCms in tillS pacllage, The underSIgned also consents to entry upon the subJe<;t properly by employees oltne Department of planPl\19 to photograph and view the 51!e for purposes of process,ng and evaluating llvs application t" " .J ,) r:."':tJ~t: A"tJ{ I:t? Applicant's Signature s than Name APZ,.! Condihvn:a'i u.'1.t~ P'Bfn'ti1 vie EVERETTE L. BROWN Agenda Item 10 Page 10 Item # 10 Everette Lee Brown Conditional Use Permit 1333 Dukes Lane District 6 Beach June 10, 2009 CONSENT Joseph Strange: The next matter is item 10. An application of Everette Lee Brown for a Conditional Use Permit for bulk storage on property located at 1333 Dukes Lane, District 6, Beach, with five (5) conditions. Everette Brown: Good afternoon. My name is Everette Brown. I consent with everything that is on the agenda. Joseph Strange: And you agree with the conditions? Everette Brown: Yes. Joseph Strange: Fine. Thank you very much. Is there any opposition to this matter being placed on the consent agenda? Ifnot, the Chairman has asked Jay Bernas to review this item. Jay Bernas: Thank you Vice Chariman. The applicant requests a Conditional Use Permit to allow development of the site fur a bulk storage yard where he would be storing construction equipment and recreational vehicles. The site is located directly behind an existing warehouse and bulk storage yard owned by the applicant. The applicant appeared the Chesapeake Bay Preservation Board in May 2009 for approval, and there are a number of conditions that he must comply with. There is no opposition. Therefore, the Planning Commission felt that this should be placed on the consent agenda for approval. Joseph Strange: Okay. Thank you Jay. Madame Chairman, I make a motion to approve agenda item 10. Janice Anderson: A motion by Joe Strange. Eugene Crabtree: I'll second it. Janice Anderson: A second by Gene Crabtree. AYE 11 NAY 0 .ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE Item #10 Everette Lee Brown Page 2 HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 10 for consent. WILLIAM AND MICHAEL CHAPLAIN Map J-18 Ma Not to Scale William E_ Chaplain & Michael W. Cha lain N "".2 j AG-2 "'. D. '" AG-2 ... -I "'0 Conditional Zoning Cflange {rom AG-2 lD Condilionaf B-2 Relevant Information: · Princess Anne District . Conditional Change of Zoning (AG-2 to B-2) for the purpose of renovating the existing building and site for a restaurant. Evaluation and Recommendation: . Planning Staff recommended approval . Planning Commission recommends approval (11-0) . There was no opposition. · Consent agenda. r.r;~~t~c:"\.. ~"..:;~ ." I~t'''! i'C , ...~ ' \t::o"~, .}) ...............:..::.....4.... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WILLIAM E. CHAPLAIN & MICHAEL W. CHAPLAIN, TRUSTEES OF THE CHAPLAIN LAND TRUST, Chanae of Zonina District Classification, AG-2 Agricultural District to Conditional B-2 Community Business District, 1073 Princess Anne Road. PRINCESS ANNE DISTRICT. MEETING DATE: July 7,2009 . Background: The applicant proposes to rezone the subject site, zoned Agriculture, to Conditional B-2 in order to renovate a building that was previously a small grocery store and restaurant. That former business operated on the site as a legal nonconforming use for many years. As the grocery store and restaurant use has not been active for over two years, the nonconformity was lost; therefore, a rezoning of the property is now required in order to operate the proposed business. . Considerations: The site plan depicts a single ingress-egress point instead of the continuous stretch of asphalt along Princess Anne Road that provides the current access to the site. The ingress/egress to the site will be vastly improved with the removal of much of the asphalt and loose gravel fronting Princess Anne Road. The site plan depicts a single ingress/egress aligned with Mill Landing Road. A controlled access to the right-of-way, as proposed by the applicant, presents a far safer means for entering and exiting the site than the existing continuous opening along the length of Princess Anne Road. A building overhang, a dumpster, streetscape landscaping, and an organized layout of the parking lot with 32 spaces are depicted on the proposed plan. The proffered building elevation depicts the existing building with the following upgrades: the addition of a dark green, standing seam, metal awning across the front fac;ade and wrapping around the corners; a new six-foot wide porch along the front fac;ade and northern fac;ade for rocking chairs and a ten-foot wide porch on the southern fac;ade to accommodate seating; white, all-weather railings and pillars; and, white painted brick to update the existing brick fac;ade facing the right-ot-way. WILLIAM E. CHAPLAIN & MICHAEL W. CHAPLAIN, TRUSTEES OF THE CHAPLAIN LAND TRUST Page 2 of 2 There was no opposition to this 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 to the City Council, as proffered. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage. S k . ~~ Mop J-18 M Not. "to <:'cale AG-Z .1 Coodiliona! Zoning Change irom AC-2w Condilirmal B-2 II #3 June 10,2009 Public Hearing APPLICANT & PROPERTY OWNER: WilliAM E. CHAPLAIN & MICHAEL W. CHAPLAIN, TRUSTEES OF THE CHAPLAIN lAND TRUST STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional ChanQe of Zoning (AG-2 Agricultural District to Conditional B-2 Community Business District) ADDRESS J DESCRIPTION: 1073 Princess Anne Road GPIN: 24006687850000 ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 1.01 acre AICUZ: Less than 65 dB DNL The applicant proposes to rezone existing property, zoned SUMMARY OF REQUEST Agriculture, to Conditional B-2 in order to renovate a building that was previously a small grocery store and restaurant. The former business operated on the site as a legal nonconforming use for many years. As the grocery store and restaurant use has not been active for over two (2) years, the nonconformity was lost; therefore, a rezoning of the property is now required in order to operate the proposed business. The site plan depicts a single ingress-egress point instead of the continuous stretch of asphalt along Princess Anne Road that provides the current access to the site. The ingress-egress in its current layout is a traffic safety concern. A building overhang, a dumpster, streetscape landscaping, and an organized layout of the parking lot with 32 spaces are depicted on the proposed plan. WILLIAM AND MICHAEL CHAPLAIN, AND TRUSTEES Agenda Item 3 Page 1 The proffered elevation depicts the existing building with the following upgrades: the addition of a dark green, standing seam, metal awning across the front fa9ade and around the corners; a new six-foot wide porch along the front fa9ade and northern fa9ade for rocking chairs and a ten-foot wide porch on the southern fa9ade to accommodate seating; white, all weather railings and pillars; and, white painted brick to update the existing brick fa9ade facing the right-of-way. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant building formerly known as "Ansell's Market." SURROUNDING LAND USE AND ZONING: North: South: East: . Cultivated field / AG-2 Agricultural District . Cultivated field / AG-2 Agricultural District . Princess Anne Road . Cultivated field / AG-2 Agricultural District . Auto repair / B-2 Community Business District . Cultivated field I AG-2 Agricultural District West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is located in the Southern Watersheds Management Area. There do not appear to be any significant environmental or cultural features on the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP\ I CAPITAL IMPROVEMENT PROGRAM (CIP\: Princess Anne Road in the vicinity of this site is a rural, two-lane highway. Princess Anne Road is a 50-foot wide right-of-way. The MTP shows an undivided roadway with ~ bikeway and an ultimate right-of-way width of 100 feet. Toere are no CIP projects for Princess Anne Road in the vicinity of this site. Mill landing Road in the vicinity of this site is a rural, two-lane highway. Mill landing Road is a 50-foot wide right-of-way, and there are no changes shown in the MTP. There are no CIP roadway projects on Mill landing Road. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Princess Anne 5,700 ADT 1 7,400 ADT (Level of Existing Land Use ~ - 10 Road Service "C") - 12,000 ADT ADT 1 (Level of Service Proposed land Use 3 - 381 "D") ADT Mill Landing Road 1,300 ADT 7,400 ADT (Level of Service "C") - 12,000 ADT 1 (level of Service "D") 'Average Daily Trips 2 as defined by one acre of agricultural land 3 as defined by restaurant WATER & SEWER: City water and City sewer service are not available to this site. Approval for the water supply and wastewater disposal and a permit to operate a food establishment from the Virginia Department of WILLIAM AND MICHAEL CHAPLAIN, AND TRUSTiES Agenda Item 3 Page 2 II Health will all be required. Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the Rural Area, an agricultural and rural area with land uses related to farming, forestry, rural residential and other compatible uses. The Comprehensive Plan states that commercial retail development should be located in existing and defined rural commercial centers, such as Creeds and Blackwater, for supporting the local rural community in lieu ot strip shopping center development (page 170). Evaluation: The applicant proposes to rezone agriculturally zoned property to Conditional B-2 in order to renovate an existing building that was previously a small grocery store and restaurant. The proffered elevation represents significant upgrades to the existing building with the following improvements: the addition ot a dark green, standing seam, metal awning across the front fa<;:ade and around the corners; a new six-foot wide porch along the front fa<;:ade and northern fa<;:ade for rocking chairs and a ten-foot wide porch on the southern fa<;:ade to accommodate seating; white, all weather railings and pillars; and, white painted brick to update the existing brick ta<;:ade tacing the right-at-way. The ingress/egress to the site will be vastly improved with the removal of much of the asphalt and loose gravel fronting Princess Anne Road. The site plan depicts a single ingress/egress aligned with Mill Landing Road. A controlled access to the right-of-way, as proposed by the applicant, presents a far safer means for entering and exiting the site than the existing continuous opening along the length of Princess Anne Road. Upgrades to the existing building, the addition of streetscape landscaping along Princess Anne Road and interior parking lot landscaping on the site, an organized layout of the parking lot with 32 spaces, and proffered signage all represent significant aesthetic and safety upgrades to the site. Based on this, Staff recommends approval of the request as proffered. PROFFERS The following are proffers submitted by the applicant as part ot a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (9107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is redeveloped, it shall be redeveloped substantially as shown on the exhibit entitled WILLIAM AND MICHAEL CHAPLAIN, AND TRUSTiES Agenda Item 3 Page 3 "CONDITIONAL REZONING EXHIBIT 1073 PRINCESS ANNE ROAD, dated 3/31/09, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"), PROFFER 2: When the property is redeveloped, the building depicted on the Site Plan will have the architectural design and will utilize building materials substantially as depicted on the photographic exhibit designated "BUILDING ELEVATIONS 1073 PRINCESS ANNE RD.," dated March 31,2009, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Rendering"). PROFFER 3: The freestanding sign shall be an externally illuminated monument style sign no greater than eight feet (8) in height in the area designated on the Site Plan. All building mounted signage shall be channel letters on a raceway (i.e. no block signs) and only the lettering may be illuminated. PROFFER 4: All outdoor lighting shall be shielded, deflected, shaded and focused to direGt light down onto the premises and away from adjoining property. PROFFER 5: The only uses which will be permitted are: a. Eating and drinking establishments without drive-through windows; b. Business studios, office and clinics; c. Retail establishments; and d. Repair and sales for radio and television and other household appliances and small business machines. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project, its consistency with City plans and ordinances, and compatibility with the surrounding area. The City Attorney's Office has reviewed the proffer agreement dated March ;31, 2009, and found it to be legally sufficient and in acceptable legal form. 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. WILLIAM AND MICHAEL CHAPLAIN, AND TRUSTEES Agenda Item 3 Page 4 II AERIAL OF SITE LOCATION WILLIAM AND MICHAEL CHAPLAIN, AND TRUSTIES Agenda Item 3 Page 5 ~ ..... fNIIODII ~ -~=- - "L-...I-. .,....,.."w... -----..-. _ aeIC7ZIlI '1VNllWlINOO ..- U~~. ~ Ii I; , ~ I it i i t - 0 JlIi 111 t I I .. .. .. .. .. .. ... ... 'Ji d .. .. t~~ .. "'-, , "" , ! l!!~ II~ !! I !afll I.... II ~ Ii I I III I, . II I ! I "'11 I. pi I , ~ d~ l-tH: I -I, III:!: iiHli!l!t1iiii!!1 ~I Hir.liul!i!l!id:~tI:P! C I id I .. I · III 1'1!iI!1 '11111 ! I~! i !!! ! ! Hun h ;01. ! : ~' PROPOSED SITE PLAN WILLIAM AND MICHAEL CHAPl.AIN, AND TRUSTEES Agenda Item 3 Page 6 b o ... b to .... i ;t'!% \;i~'" 2_i ~~~ 9't:l '5Z\I;\ i~~ \\ ';.'t \~ ~ ~~ 'ic ~~~ ~~~ \ !/Ji; ~~ ~.~ ~, 7:.'* ,..~, t.j~ >t:..~ ~; .J~, .-.:<; ~~ U"; ~. !/J' et: 01 ~S, ~, . ~..~ ~ ~\ Q~ 7:. ~. r~' <.1 ~ ,.;\ Z !/J\ ~ ~i <~ ut ~~. ,..1. rJ1 ~~ !/J rJ1 0\ 7:. ~ " ~.~ ~ ~\~\ " ~... <.t .~ ~" U'.... ~ ~t~l ,,~1~\ '!l (f"l · ,.; ~ Q ... ^ ..JI:'- !,";1. .... ~ e:-~ . i~$~~ . .. .... ... ... ~ ~ PROPOSEO 6u\\..oUolG E\..E'J ~ 1\C ~\N AND lR\JS1EE.~ WILU...M "'NO MICI-I...e.L CI-I...PL ' p.,geode l~ patlE '" g N I I rIl, ~<< fJ,l' fJ,l~ Zj ~.~ .2;f IIll ~~ _if ~;! -m U~ W ~7 O' ;;..! Ill;; ...' ~~ Q ;Jf · rIl I' N ~e ~ Zffi ~ j, Z.. ~I U2 -< ~r "'" 00 _f rIl 00 =i z ~ ~t 2 U ~ <J !- 'Q;;,;j} :< Z ,!: Q.,;! ~ ,..;;.. <i ~ ~ .J:~( ~ =- : ~, 7. == <~ - tf') ~ ..H 9 ..... :s ..Ji -- ~..... ;J '-" .!: - ~ = ''''''''' ;;.. :.* - rr. :c \..I :( -< ~ PROPOSED BUILDING ELEVATION WILLIAM AND MICHAEL CHAPLAIN, AND TRUSTEES Agenda Item 3 Page B II 1 AG.2 William E. Chaplain & Michael w:. Cha lain Map J-18 Ma Not to Scale AG.2 AG.l N AG- 2 j 00 0 D. ." AC.2 AG-2 .sa .1 "'0 Conditional Zoning Change (rom AG-2 ID Conditional B-2 . . 1 06/14/05 CUP (alternative residential development) Granted 2 08/22/00 CUP (residential kennel) Granted 3 11/28/95 CUP (private lodge) Granted 11/28/95 CHANGE OF ZONING (AG-1 & 2 to 0-2) Granted 08/28/89 CUP (nursery) Granted ZONING HISTORY WILLIAM AND MICHAEL CHAPLAIN, AND TRUSTEES Agenda Item 3 Page 9 TATEMENT APPLICANT DISCLOSURE If the appHcant \s 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) The Chaplain Land Trust: William E Chaplain: Michael W. Chaplain; & Bill', w. Chaplain, beneficiaries 2. List all businesses that have a parent-subsidiary1 or affiliated business Emtitl relationship with the applicant: (Attach list jf necessary) X Check here if the applicant is NOT a corporation, partnership, firm, business or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers. members. trustees, partners, etc. below: (Attach list if necessary) 2 Ust all bUSInesses that have a parent-subsidiary; or affiliated business entitY' relationship with the appllcant: (Attach Jist if necessary) o Check here if the property owner is NOT a corporation, partnership, firm business, or other unincorporated organization 1&'2 See next page for fo;tnotes Condihcna1 !<atonm; AppkcatH,n Page 11 of 12 Rev1s~d 9/112004 ~ I f ~ U I I I ......:J r"l ea t..:) z I . ~ N ga ~ o . I F-c t ( c::::a z o u WILLIAM AND MICHAEL CHAPLAIN, AND TRUSTiES Agenda Ite~ 3 Page 10 z o . I ~ U I I ~ r". ~ c;.:, ?1 z o N ga ~ <:> I I :E-4 I I c:::l Z o u II I II ADDITIONAL DISCLOSURES list aH known contractors or businesses that have or w!!1 provide services with respect to the requested property use, includmg but not limited to the provIders of architectural services, real estate services, financial servIces, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon. Ahem & Levy, P.C. WPL 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va, Code S 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, (ll) a controlling owner in one entity is also a controlling owner in the other entity, or (iil) there is shared management or.control between the business entities. Facto~ 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 instructj.0ms in this package, Th~C.5:' haplain La.,Ad Tn,s,t.. ' B (. -"._-_.~. , t . Y i "~.. ---" Applicant SfPrope:tY Owner~ .. nat;;~" { Y' William E. Chaplam. Trustee Pnnt Name Michael W. Chaplain, Trustee Print Name Cord1il)na, Rezomr,g Appialion Page 12 of 12 ReVised 9/112004 WILLIAM AND MICHAEL CHAPLAIN, AND TRUSTEES Agenda Item 3 Page 11 Item #3 William E. Chaplain & Michael W. Chaplain Change of Zoning District Classification 1073 Princess Anne Road District 7 Princess Anne June 10,2009 CONSENT Joseph Strange: The next matter is agenda item 3. An application of William E. Chaplain & Michael W. Chaplain, Trustees of the Chaplain Land Trust for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Business District on property located at 1073 Princess Anne Road, District 7, Princess Anne, with six (6) proffers). Eddie Bourdon: Thank you Mr. Strange. Madame Chair and members of the Commission, for the record, Eddie Bourdon, a Virginia beach Attorney representing the applicants. Mr. William Chaplain is here this afternoon. We greatly appreciate this Conditional Rezoning being placed on the consent agenda so the old Ansel's Market property at Back Bay can be reused. I think it will be a good addition to the community. Thank you very much. Joseph Strange: Okay. Thank you Eddie. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Dave Redmond to review this item. David Redmond: Thank you Mr. Strange. The applicant proposed'to rezones existing property, zoned Agriculture, to Conditional B-2 in urder to renovate a building that was previously a smal~ grocery store and restaurant called Ansel's, as Mr. Bourdon mentioned. The former business operated on the site as a legal but nonconforming use for many years. As the grocery store and restaurant use has not been active for over two years however, the nonconformity was lost; by code, therefore, a rezoning of the property is now required in order to operate the proposed business. The.proffered elevation depicts a number of upgrades and improvements to the property. Staff is unaware of any opposition and recommends approval. The Planning Commission concurs and approves by consent. Thank you. Joseph Strange: Thank you Dave. Madame Chairman, I make a motion to approve agenda item 3. Janice Anderson: A motion by Joe Strange. Eugene Crabtree: I'll second it. Janice Anderson: A second by Gene Crabtree. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE II I II Item #3 William E. Chaplain & Michael W. Chaplain Page 2 BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 3 for consent. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7405 DATE: June 29, 2009 TO: FROM: Mark D. Stiles B. Kay Wilson~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; William E. & Michael W. Chaplain, Trustees of the Chaplain Land Trust The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 7,2009. I have reviewed the subject proffer agreement, dated March' 31,2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. . Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen /' I PREPARED BY: 19m SillS. ROURDON, m AlIffiN & 1M, P.c. II I II WILLIAM E. CHAPLAIN and MICHAEL W. CHAPLAIN, TRUSTEES OF THE CHAPLAIN LAND TRUST TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 31st day of March, 2009, by and between WILLIAM E. CHAPLAIN and MICHAEL W. CHAPLAIN, TRUSTEES, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantors are the owners of a certain parcel of land located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.01 acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultur.al District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and GPIN: 2400-66-8785 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahem & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 PREPARED BY: ~ SYl(IS. BOURDON, ~1I AlIrnN & LM. P.c. WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped, it shall be redeveloped substantially as shown on the exhibit entitled "CONDITIONAL REZONING EXHIBIT 1073 PRINCESS ANNE ROAD", dated 3/31/09, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. When the Property is developed, the building depicted on the Site Plan will have the architectural design and will utilize building materials substantially as depicted on the photographic exhibit designated "BUILDING ELEVATIONS 1073 PRINCESS ANNE RD.", dated March 31, 2009, prepared by WPL, whieh has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Rendering"). 3. The freestanding sign shall be an externally :illuminated monument style sign no greater than eight feet (8') in height in the area designated on the Site Plan. All building mounted signage shall be channel letters on a raceway (i.e. no block signs) and only the lettering may be illuminated. 2 PREPARED BY: m SYKIS. ROURDON. !DO MIIRN & LM. P.c. II 4. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 5. The only uses which will be permitted are: a. Eating and drinking establishments without drive-through windows; b. Business studios, offices and clinics; c. Retail establishments; and d. Repair and sales for radio and television and other household appliances and small business machines. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia 3 PREPARED BY: mIB SYKfS. ROURDON. mil AIlillN & iM. P.c. Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or oceupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 PREPARED BY: ~ SYKIS. ROURDON. 51 AHrnN & LIVY. P.c. II WITNESS the following signatures and seals: Grantor: (SEAL) William E. Chapla , By: ~~;{T~d (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 31st day of March, 2009, by William E. Chaplain and Michael W. Chaplain, Trustees of The Chaplain Land Trust, Grantor. My Commission Expires: Notary Registration No:: August 31, 2010 192628 5 PREPARED BY: 13m SVKfS. ROURDON. WI AlIfRN & LM. P.c. EXHIBIT "A" All that certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, being and situate in the Borough of Pungo, City of Virginia Beach, Virginia, situated on the West side of Princess Anne Road, opposite the point where the same is intersected by Mill Landing Road, said property being known, numbered and designated as Parcel NO.2 on a certain plat entitled, "Property of A.E. Williams, Bay Back, Pungo Borough, Virginia Beach, Virginia", dated June 12, 1963, and made by W. B. Gallup, Surveyor, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 58, at page 40; said property containing one (1) acre, more or less, and being of the dimensions shown on said plat. GPIN: 2400-66-8785 ConditionalRezone/ChaplainLandTrust/Proffer 6 II l~~~f~~0;,~,. ~t:~ ); .... ,,:;,.... .......................... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, An Ordinance to repeal Section 1611.1 and amend Section 1618 of the Coastal Primary Sand Dune Ordinance pertaining to the construction of bulkheads in the Sand bridge Beach Subdivision MEETING DATE: July 7,2009 . Background: . In the recent past, the Coastal Primary Sand Dune Ordinance had a provision requiring the Wetlands Board to make an ongoing determination of which properties in Sandbridge were in clear and eminent danger of damage from storm surge or wave action. Those properties that were determined to be in clear and eminent danger had the right to build bulkheads according to certain specifications that the Board had developed. In 2006, however, the statute expired due to a 'sunset provision' contained within it. In the 2009 General Assembly, the statute was reenacted through action of Delegate Barry Knight. . Considerations: The attached amendments will reinstate the process described above, which expired in 2006. The amendments are proposed pursuant to the provisions of House Bill 2586, which will become effective on July 1,2009. There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 to recommend approval to the City Council . Attachments: Staff Review and Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manag : l,~~ # 11 June 10, 2009 Public Hearing CITY OF VIRGINIA BEACH AMENDMENTS TO THE COASTAL PRIMARY SAND DUNE ORDINANCE REQUEST: An Ordinance to repeal Section 1611.1 and amend Section 1618 of the Coastal Primary Sand Dune Ordinance pertaining to the construction of bulkheads in the Sand bridge Beach Subdivision. SUMMARY OF AMENDMENT The attached amendments will reinstate the process, which expired in 2006, for the installation of bulkheads at Sand bridge. The amendments require the Virginia Beach Wetlands Board to make a determination of which structures on the Sand bridge oceanfront are in clear and imminent danger from erosion of storm damage and to allow those properties to erect bulkheads. The amendments are proposed pursuant to the provisions of House Bill 2586, which will become effective on July 1, 2009. . RECOMMENDATION Staff recommends approval of the amendments. CITY OF VIRGINIA BEACH - SAND DUNE ORDINANCE Agenda Item 11 Page 1 II I II 1 AN ORDINANCE TO REPEAL SECTION 2 1611.1 AND AMEND SECTION 1618 OF THE 3 COASTAL PRIMARY SAND DUNE ZONING 4 ORDINANCE PERTAINING TO THE 5 CONSTRUCTION OF BULKHEADS IN THE 6 SANDBRIDGE BEACH SUBDIVISION 7 8 Section Repealed: 91611.1 9 Section Amended: 9 1618 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Section 1611.1 is repealed and Section 1618 of the City Zoning Ordinance 18 is hereby amended and reordained to read as follows: 19 20 ARTICLE 16. COASTAL PRIMARY SAND DUNE ZONING ORDINANCE 21 22 23 24 Sec. 1 &11.1. 8ulkheads, etc. in the Sand bridge 8each Subdi\'ision. 25 26 The Board shall m3ke an ongoing determination in the Sandbridge Beaqh 27 Subdivision to determine ':ihich structur:es or properties are in clear and imminent 28 d3nger from erosion and storm d3mage eue to se'.'ere waye action or storm surge, and 29 the o'....ners of such structures or properties shall not be prohibited from erecting and 30 m3int3ining protecti'.'e bulkheads or other equivalent structural improvements of the 31 type, size and configuration as approyed by the Board. The Board shall not impose 32 arbitral)' or unreasonable conditions upon its approval of any such bulkhead or other 33 structural improvement. The Board shall maintain a oontinuing responsibility to ensure 34 that each bulkhead or structural improyement constructed under the authority of this 35 section is maintained in 3 condition that is safe, structur311y sound, and other'lNise in 36 conformity 'lJith the conditions imposed by the Board. Upon submission of 3n 3pplication 37 to the Board pursuant to this section, as a requirement for approval, the applicant must 38 consent in writing to 3ny subsequent construction approved by the Board whereby an 39 adjacent property owner desires to tie in a bulkhead at no addition31 cost ':.'ith the 40 bulkhe3d proposed by the applicant. Such consent shall constitute a waiver of property 41 line defenses relating to the bulkhead line. 42 43 As used in this section, the "Sandbridge Be3ch Subdi'/ision" means the area 44 bounded on the north by Dam Neck Naval Base, on the 'Nest by Sandpiper Road, 3nd 45 on the south by Little Island P3rk. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Sec. 1618. Exemptions. (a) Nothing in article shall affect any project or development (i) for which a valid building permit or final site plan approval was issued prior to July 1, 1980; (ii) which, if no building permit is required for such project, including a locally approved mining operation, was commenced prior to July 1, 1980, and certified as exempt by the commission or the Wetlands Board; or (ii) approved by the city council pursuant to Ordinance No. 931, which was the coastline management ordinance in effect from March 26, 1979, to July 1, 1980. Nothing in this section excludes from regulation any activity which expands or enlarges a project already in existence or under construction. (b) The Board shall make an ongoing determination in the Sandbridge Beach subdivision of the area bounded on the north by Dam Neck Naval Base, on the west by Sandfiddler Sandpiper Road, and on the south by \^Jhite Cap Lane Little Island Park, to determine which structures or properties are in clear and imminent danger from erosion and storm damage due to severe wave action or storm surge. The owners of structures or properties so defined shall not be prohibited from erecting and maintaining protective bulkheads or other equivalent structural improvements of a type, size and configuration approved by the Board. The Board shall not impose arbitrary or unreasonable conditions upon its approval of any such bulkhead or other structural improvement but shall maintain a continuing responsibility to ensure that each bulkhead or structural improvement constructed under the authority of this section is maintained in a condition which is safe, structurally sound, and otherwise in conformity with the reasonable conditions imposed by the Wetlands Board. At the time the application is submitted, the applicant shall consent in writing to any subsequent construction which may occur whereby an adjacent property owner desires to tie in a bulkhead at no additional cost with that bulkhead proposed by the applicant. Such consent shall be considered a waiver of property line defenses relating to the bulkhead line. COMMENT These amendments will reinstate the process for the installation of bulkheads at Sand bridge that expired in 2006. The amendments require the Virginia Beach Wetlands Board to make a determination which structures on the Sand bridge oceanfront are in clear and imminent danger from erosion or storm damage and to allow those properties to erect bulkheads. These amendments are pursuant to HB 2586 and become effective on July 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day of APPROVED AS TO CONTENT: I ' J\})) , Plannin Department CA 11133 R-2 May 12, 2009 II APPROVED AS TO LEGAL SUFFIQIENCY: 1 !. ...! JtJd)jJ#( I ~ /~attVL- City Attorney's Office Item #11 City of Virginia Beach An Ordinance to Repeal Section 1611.1 and Amend Section 1618 Of the Coastal Primary Sand Dune Zoning Ordinance pertaining To the construction of Bulkheads in the Sandbridge Beach Subdivision June 10, 2009 CONSENT Joseph Strange: The matter is agenda item 11. An Ordinance to repeal Section 1611.1 and amend Section 1618 of the Coastal Primary Sand Dune Zoning Ordinance pertaining to the construction of bulkheads in the Sandbridge Beach Subdivision. Bill Macali: Mr. Vice Chair, Madame Chair and members of the Commission. This ordinance arises as a result of an action by the General Assembly this past session. The General Assembly had passed a statute many years ago, which required the Wetlands Board to make an ongoing determination of which properties in Sandbridge were in clear an eminent danger of damage from storm surge or wave action. Those properties that were determined to be in clear and eminent danger had the right to build bulkheads according to certain specifications that the Board had developed. The statute, however, sunset several years ago; so, in other words, it expired. In the 2009 General Assembly, however, that statute was reenacted. Now, there is no sunset on it. So, what we're doing is merely reinstating the old "status quo". This ordinance had been on books for many years, and it is really nothing any different from what's been on the books for quite a while. The only difference is, and I'm not sure how significant it is, it just changed the boundaries of what it defined to Sandbridge subdivision to be. In any event, the General Assembly has made it Ipandatory for the Wetlands Board to do this, and accordingly, we do have to have it in our ordinance. Again, I stress that it is nothing different from what has been in the ordinance for many years. Joseph Strange: Thank you Bill. Is there any opposition to this matter being placed on the consent agenda? Madame Chairman, I make a motion to approve agenda item 11. Janice Anderson: A motion by Joe Strange. Eugene Crabtree: I'll second it. Janice Anderson: A second by Gene Crabtree. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE i i Item #11 City of Virginia Beach Page 2 Ed Weeden: By a vote of 11-0, the Board has approved item 11 for consent. Janice Anderson: Thank you all for coming down who had a matter on the consent agenda. Thank you very much. II I II M. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION P ARKS and RECREATION COMMISSION "N. UJ'lFINlS lIED BllS1!'lt'-SS O. NEW BUSINESS II I I P. ADJOURNMENT ********************************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** COUNCIL SCHEDULE FOR JULY AND AUGUST Jul Jul Jul Au Au Au Au Au Virginia Beach City Council Will Host a PUBLIC MEETING 7:00-8:30 PM THURSDA V, AUGUST 13TH Virginia Beach Convention Center Purpose: Discuss 2010 General Assembly Legislative Agenda ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 7/7/095t www.vbgov.com II I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 06/23/2009 L PAGE: 1 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D VA CITY COUNCIL BRIEFING: COMPENSATION BOARD POSITION John T. Atkinson, REDUCTIONS Treasurer IlIA CITY MANAGER'S BRIEFINGS: ADOPTION-FRIENDLY ANIMAL David Hansen, SHELTER - UNSOUCITED PROPOSAL Deputy City Manager B INTERIM FINANCIAL STATEMENT Patricia Phillips - Director, Finance IlI/IVNNI CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y -E SESSION F MINUTES - June 9, 2009 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H MAYOR'S PRESENTATION RESCHEDULED BY C 0 N S E N S U S TO 7/7/09 RESOLUTIONS HONORING MEMBERS OF THE MINORITY BUSINESS COUNCIL a. ' Prescott Sherrod b, Luis A Rivera I-I PUBLIC HEARINGS: SALE OF EXCESS PROPERTY - London No Speakers Bridge Road 2 LEASE OF CITY -OWNED Farmers Market No Speakers a. Chapman's Flowers, Inc. b, Creekmore's Place c, Country Butcher, Ine, d, Virginia Garden CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 06/23/2009 L PAGE: 2 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R y S S N A N D K-I Ordinances to AMEND the City Code: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a, 99 16-47/16-54 re Workforce Housing b, 9 37-2 I re public water supply c, 921-240 re expenses incurred from emergency responses d, 9 23-7 re obstruction of justice e, 9 35-182 re admissions taxes f. Chapter 2 re service disabled veteran- owned businesses 2 Ordinance DECLARING land on London ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Bridge Road EXCESS/AUTHORIZING CONSENT sale of property to Parrott Prope~ies, LLC 3 Ordinance AUTHORIZING Leases at ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Farmers Market for 3 years: CONSENT a, Michele p, Shean # 23, 24, 27 Virginia Garden b. Country Butcher, Inc, # 12 c, Elsie V. Creekmore # 7,8 Creekmore's Place d, Kenneth A Chapman #3,4 Chapman's Flowers, Inc, 4 Ordinance AUTHORIZING Housing / ADOPTED, BY 11-0 y. Y Y Y y Y Y Y Y Y Y Neighborhood Preservation reimburse CONSENT employee $1,500 in defense of performance of his official duties 5 Ordinances AUTHORIZING ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into portions of City-owned CONSENT property for: a, Gary Robinson rip rap/walkway at Lake Rudee at 606 Goldsboro Avenue b, Charles Dale Everhart Treasure Canal ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y at 2213 Leeward Shore Drive CONSENT 6 Ordinance PROVIDING bids for Lease of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y portion of City-owned property at 320 CONSENT Sandbridge Road (Sandbridge water tank site) re telecommunications 7 Ordinance to APPOINT Viewers re closure ADOPTED, BY 11-0 Y Y Y Y y Y Y Y Y Y Y of streets/alleys: CONSENT a. Director of Planning b. Director of Public Works c. Director of Parks and Recreation II CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 06/23/2009 L PAGE: 3 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D 8 Resolution re application of SCHOOL ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y BOARD to Va Bd of Ed for Literary Fund CONSENT loan of $4,768,954 re school construction 9 Resolution EXTENDING tenn of Green ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Ribbon Implementation Committee to CONSENT 2010 10 Resolution SUPPORTING VBCDC ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y application for Block Grant Stabilization CONSENT Program of$I,500,000 re VBCDC Homeownershin 11 Ordinances to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ACCEPT/APPROPRIA TEl CONSENT TRANSFER: a. $750,000 Fire Training Center Imnrovements. Phase III b, $188,950 interest free loan to Ocean ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Park Volunteer FireIRescue, Inc, re CONSENT ambulance c, $83,200 to CIT -Police TelestaffT &M ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Module!repwpose $539,760 Police CONSENT DEA Seized Assets d. $28,290 Cost Recovery Revenue Fire! ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $1,781to Gift Fund CONSENT e, $10,000 from GolfClassic/Networking ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Reception to Health Department's CONSENT Healthy Families Prol!ram f. $6,512 from FEMA to Fire re ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y deployment of V A- TF2 CONSENT L-l KATHY MAALOUF Expansion of APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y Nonconforminl! Structure at 1365 Goose CONDITIONED, Landing re front patiolhome office. BY CONSENT DISTRICT 6 - BEACH 2 JACK FEREBEE, ET AL requesting APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y extension to comply to conditions for EXTENSION closure of portion of alley between 55th I FOR SIX 56th Streets from Holly Road to Myrtle MONTHS, Avenue, Ubermeer re combining alley BY CONSENT with adjoining lots. DISTRICT 5 - LYNNHAVEN 3 5073 Va BEACH Blvd, L.L.C. for APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y Closure of portion of Euclid Road adjacent CONDITIONED, to 5073 Va Beach Blvd, BY CONSENT DISTRICT 2 - KEMPSVILLE . CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V DATE: 06/23/2009 I PAGE: 4 L D S L AGENDA E D H E A W ITEM # D S I E J S U N I SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D 4 MISSIONARY TO HELP OTHERS APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y FELLOWSHIP CENTER CUP re CONDITIONED, church at 46 I A-B South Lynnhaven BY CONSENT Road, DISTRICT 3 - ROSE HALL 5 BLESSED HOPE CHRISTIAN APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y CENTER CUP re church at 5691 WebIin CONDITIONED, Drive, DISTRICT 2 - KEMPSVILLE BY CONSENT 6 SOUTH UNIVERSITY BY APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y EDUCATION MANAGEMENT CORP BY CONSENT CUP re college/university at 30 I Bendix Road, DISTRICT 5 - L YNNHA VEN 7 JIM WOOTTON CUP re boat dock at APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y 1732 Lovetts Pond Lane. DISTRICT 5 - CONDITIONED, L YNNHA VEN DISTRICT BY CONSENT 8 INDOOR KARTING CENTERS OF APPROVEDI 10-0 Y Y Y Y Y Y Y Y Y Y A AMERICA, LLC/JLB PROPERTY CONDITIONED, B ASSOC, LLC CUP re indoor Go-Karats BY CONSENT S at 2736 North Mall Drive, DISTRICT 3 - T ROSE HALL A I N E D 9 HOPE LUTHERAN CHURCH MODIFIED TO 11-0 Y Y Y Y Y Y Y Y Y 'Y Y Modification of Conditions approved DELETE/ (1978/19911 1994/2003/2008) to expand REPLACE sanctuary/child care/youth education/ADD CONDITION #1 picnic sheltered area at 5350 Providence WITH #3 (a thru Road, DISTRICT 2 - KEMPSVILLE e) 10 Ordinances to AMEND the City Code re: a, Subdivision Regulations/Appendix B/g APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y 6.3 to final plats/data BY CONSENT b, Site Plan Ordinance/Appendix Clg APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y 4, lire site development plans BY CONSENT c, g4,IIAppendix B/Subdivision APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y Regulationlre minimum r/w/paved width BY CONSENT for minor subdivision streets II I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V I DATE: 06/23/2009 L PAGE: 5 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D M APPOINTMENTS RESCHEDULED BY C 0 N S E N S U S BEACHES and WATERWAYS COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION PARKS and RECREATION COMMISSION BIKEWAYS and TRAILS Appointed: 3 year 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION term 7/01109 - 6/30/12 Dennis Polli DEVELOPMENT AUTHORITY Appointed: 4 year 11-0 Y Y Y Y Y Y Y Y Y Y Y term 9/01109- 8/311 13 Shew ling Moy Wong and Luke Hillard Reappointed: 4 year term 9/01109 - 8/31113 Elizabeth A. Twohy MINORITY BUSINESS COUNCIL Appointed: 2 year 11-0 Y Y Y Y Y Y Y Y Y Y Y term 6/01/09 - 5/31111 John J. Hawlev PUBUCLffiRARYBOARD Appointed: 2 year 11-0 Y Y Y Y Y Y Y Y Y Y Y term 9/01109 - 6/30/11 Morgan Garber (Junior - First Colonial High School) N/O-l ABSTRACT OF VOTES - Democratic City Clerk will BY C 0 N S E N S U S Primary Election, JWle 9, 2009 record P ADJOURNMENT 6:12 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 06/23/2009 L PAGE: 6 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D COUNCIL SCHEDULE FOR JULY AND AUGUST Virginia Beach City Council Will Host a PUBLIC MEETING 7:00-8:30 PM THURSDAY, AUGUST 13TH Virginia Beach Convention Center Purpose: Discuss 2010 General Assembly Legislative Agenda