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HomeMy WebLinkAboutDECEMBER 6, 2011 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/I,LIAMU. SESSOMS, JR., At-large U/CE MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DAMS, Rose Hal! -District 3 WII LlAM R. DeSTEPH, At-Large HARRY F,. DIEZEL, Kempsvtlle -District 2 ROBERT M DYER, Centerville -District / BARBARA M. HF,NLEY, Princess Anne -District 7 JOHN D.MOSS, At-/,arge JOHN E. UHR/N, Beach -District 6 ROSEMARY W/LSON, At-Large JAMES L. WOOD, /,ynnhaven -District S CITY COUNCIL APPOINTEES C/TYMANAGF.R -- JAMF,S K. SPORE CITY ATTORNEY -MARK D. STI/,ES C/I'Y ASSESSOR - JERALD D. BANAGAN CI'T'Y AUD/TOR - LYNDON S. REMIAS CITY CLERK - RU% F/ HODGES ERASER, MMC CITY COUNCIL•AGENDA 6 December 2011 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGIN/A BEACH, VIRGINIA 23456-9005 PHONE.•(757) 385-4303 FAX (757) 385-5669 E- tiL4lL: Crycncl@vbgov.com I. CITY COUNCIL/SCHOOL BOARD JOINT MEETING -Building 19 - A. FUNDING FORMULA -Discussion II. COUNCIL INFORMATION SESSION -Conference Room - III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL 3:00 PM 4:30 PM 5:00 PM C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Douglas Rosenvinge, Pastor Prince of Peace Lutheran Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA A. CONVENTION CENTER HOTEL PRESENTATION Steve Herbert, Assistant City Manager H. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance re the Employment Contract of the City Manager. November 22, 2011 6:00 PM 2. Resolution COMMENDING Kevin Orth and Atlantic American Partners re rehabilitation of Twin Canal Village Apartments 3. Ordinance re MODIFICATION of a $5 Million interest-free loan to the Virginia Beach Rescue Squad to reduce payments from $500,000 to $250,000 a year for the life of the loan 4. Ordinance to ACCEPT and APPROPRIATE a $427,610 COPS Secure Our Schools (SOS) grant from the U.S. Department of Justice and to TRANSFER $427, 610 in matching funds within the Schools Budget re school security 5. Ordinance to TRANSFER $416,085 within Capital Improvement Program (CIP) Projects re energy conservations features for the proposed Chesapeake Beach Fire and Rescue Station J. PLANNING 1. Application of VILLAGE CHURCH for a Modification of a Conditional Use Permit (approved September 27, 2005) to delete Condition No. 1 re the portable trailer at 4013 Indian River Road (DISTRICT 1 - CENTERVILLE) 2. Application of RANDY TILLMAN for a Conditional Use Permit re at 1646 -1650 Princess Anne Road (DISTRICT 7 -PRINCESS ANNE) 3. Applications of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO): a. §201(e) re fences in side yard setbacks b. §501 re outdoor recreation and amusement facilities in residential districts c. §503 re height regulations for public schools in residential districts 4. Application of CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan re the Virginia Aquarium and Owls Creek Area Master Plan K. APPOINTMENTS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD PARKS and RECREATION COMMISSION PLANNING COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COM~VIENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY COUNCIL SESSION SCHEDULE Date Time Meetin December 13, 2011 TBA Briefings, Informal Session, Formal Session January 3, 2012 TBA Back to the normal schedule If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 I. CITY COUNCIL/SCHOOL BOARD JOINT MEETING -Building 19 - 3:00 PM A. FUNDING FORMULA -Discussion II. COUNCIL INFORMATION SESSION -Conference Room - 4:30 PM III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION -Conference Room - 5:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Douglas Rosenvinge, Pastor Prince of Peace Lutheran Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES I . INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA A. CONVENTION CENTER HOTEL PRESENTATION Steve Herbert, Deputy City Manager November 22, 2011 H. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance re the Employment Contract of the City Manager. 2. Resolution COMMENDING Kevin Orth and Atlantic American Partners re rehabilitation of Twin Canal Village Apartments 3. Ordinance re MODIFICATION of a $5 Million interest-free loan to the Virginia Beach Rescue Squad to reduce payments from $500,000 to $250,000 a year for the life of the loan 4. Ordinance to ACCEPT and APPROPRIATE a $427,610 COPS Secure Our Schools (SOS) grant from the U.S. Department of Justice and to TRANSFER $427, 610 in matching funds within the Schools Budget re school security 5. Ordinance to TRANSFER $416,085 within Capital Improvement Program (CIP) Projects re energy conservations features for the proposed Chesapeake Beach Fire and Rescue Station ~ rGNAO~r~ r~~ 7.i _p CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving an Employment Contract for the City Manager MEETING DATE: December 6, 2011 ^ Background: City Charter § 4.01 provides that City Council shall appoint a City Manager to be the executive and administrative head of the City. The City's practice is to enter into a written agreement to set forth the terms and conditions of the City Manager's employment. The City's original agreement with the current City Manager, James K. Spore, began on November 25, 1991, and was renewed by City Council in 1996, 2001, 2007, and 2009. The current contract expired on November 30, 2011. ^ Considerations: This ordinance approves an employment agreement between the City Manager and the City for two years, beginning on December 1, 2011, and ending on November 30, 2013.; His compensation is not being increased, but the contract has been amended to reflect his current compensation, which was established by City Council in an ordinance adopted on June 14, 2011. ^ Public Information: This item will be advertised in the same manner as all other agenda items. ^ Attachments: Ordinance, Redlined Employment Agreement Requested by Mayor Sessoms and Vice-Mayor Jones 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE APPROVING AN EMPLOYMENT CONTRACT FOR THE CITY MANAGER WHEREAS, the most recent contract between the City and the City Manager regarding his employment expired on November 30, 2011; and WHEREAS, the parties desire to renew that contract, with certain amendments, to November 30, 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA: That the employment contract between the City of Virginia Beach and the City Manager, for the term of December 1, 2011 to November 30, 2013, attached hereto, is approved, and the Mayor is authorized to execute the contract on behalf of the City. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12078 November 16, 2011 R-1 EMPLOYMENT AGREEMENT This Agreement is entered into this day of 201 1 by and. ueleted: 09 between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter referred to as "City" and JAMES K. SPORE, hereinafter referred to as "Employee." WITNESSETH WHEREAS, by agreement dated November 12, 1991, the City of Virginia Beach employed James K. Spore as its City Manager for a term commencing November 25, 1991, and ending November 30, 1996; WHEREAS, by further agreement dated November 12, 1996, the City of Virginia Beach continued the employment of James K. Spore as its City Manager for a term commencing November 25, 1996 and ending November 30, 2001; WHEREAS, by further agreement dated August 28, 2001, the City of Virginia Beach continued the employment of James K. Spore as its City Manager for a term commencing December 1, 2001 and ending November 30, 2006; WHERF.,AS, by further agreement dated June 27, 2007, the City of Virginia Beach continued the employment of James K. Spore as its City Manager for a term commencing on December 1, 2006 and ending November 30, 2009; WHERL:1~ by further ~~t;rcement dated December 8 X009 the City of Vireitlia Beach continual the employment of IameS K S~rc a~ its City Manager for a Corm commencine December 1 X009 end endin~T November 30 2011: WHEREAS, the City wishes to continue the employment of James K. Spore as its City Manager; WHF.,REAS, James K. Spore agrees to accept such continued employment; and WHEREAS, the parties hereto desire to set forth herein the terms and conditions of such continued employment. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein and other good and valuable consideration, the parties hereto agree as follows: Article I -Duties (a) Employee shall perform the functions and duties of the position of City Manager in accordance with the provisions of the Charter of the City of Virginia Beach and all other applicable statutes and ordinances. (b) Employee shall perform such functions and duties in accordance with the policy and direction of the City Council. (c) Employee shall also perform any other legally permissible duties or functions as the City Council may deem appropriate to assign him at any time during the term hereof. Article II -Term of Agreement (a) Except as otherwise provided herein, this Agreement shall commence December 1, 2011„ and end November 30, (,~) I3. Deiecea: 09 Deleted: zot I (b) Except as provided by Article III, below, during the term hereof, Employee agrees ~. to remain in the exclusive employ of the City. (c) Nothing herein shall be deemed to limit in any way the authority of City Council to terminate the Employee at any time; provided, however that such termination shall be in accordance with the provisions of Article III, below. (d) Nothing herein shall be deemed to limit the right of Employee to voluntarily resign; provided, however, that such resignation shall be in accordance with Article III, below. Article III -Termination and ResiEnation: Severance Pay (a) In the event the Employee is terminated by the City before the expiration of the term of this Agreement, he shall receive as severance pay an amount equal to twelve (12) months of his base salary. All other benefits hereunder shall cease as of the date of termination. However, if Employee is terminated for misfeasance, malfeasance, or nonfeasance in office, all compensation by the City shall end as of the date of termination (b) If Employee voluntarily resigns, then all compensation and benefits shall cease as of the effective date of such resignation. Employee shall give the City ninety (90) days written notice of any such resignation; provided, however, it is expressly understood that City Council may, in its sole discretion waive any or all of this ninety (90) day notice requirement. (c) In the event the City, at any time during the employment of Employee, reduces the salary or other fringe benefits of Employee by a percentage greater than the percentage of any across-the-board reduction for all City employees, or refuses to comply with any other provisions of the Agreement benefiting Employee, or in the event Employee resigns following the request of a majority of the members of City Council that he resign; then Employee may, at his option, be deemed to have been "terminated", and shall receive severance pay in accordance with Article III of this Agreement. Article IV -Compensation This Agreement reflects the salary and benefits for Employee that were established by City Council in Ordinance # 1,~ g3Q„ adopted on_June 14, 201E This Agreement contemplates ,._--- Deleted: 3oa9 DCI2tEd: F Del0t2d: September 2, 2008 that the salary and benefits set forth herein may be adjusted by City Council annually, by ordinance. City Council agrees to pay Employee for services rendered pursuant hereto an annual gross salary of Two Hundred T~~ent~-Five.-Five. Thousand T~~°o Hundred ,Seven Dollars and ,i<~htv- - Deleted: Nineteen ,; Deleted: Seven Four Cents ($22~?t)7.8~,), payable in installments at the same time and in the same manner_as De~etea.Fifteen Deleted: Seven other City employees are paid. Such annual gross salary will be increased annually by ordinance \' Deleted: 219,715 07 in an amount no less than the average increase for all other City employees for the corresponding i fiscal year unless Employee has received an unsatisfactory performance evaluation. In addition to the salary described above, the City agrees to contribute Twenty Thousand Five Hundred Dollars ($20,500) per year as deferred compensation, for the benefit of Employee, to the International City Management Retirement Corporation. This amount may be adjusted by City Council annually, by ordinance. Article V -Automobile Allowance In lieu of supplying aCity-owned vehicle for use by Employee in conducting City business, City agrees to pay Employee a car allowance as additional salary in the sum of One Thousand Dollars (1000.00) per month and in addition, Employee shall be reimbursed for business mileage at the same rate at which other City employees are reimbursed. Said sum for car allowance may be increased from time to time by action of the City Council. In consideration thereot; Employee shall provide his own vehicle and shall be solely responsible for all fuel, maintenance, insurance, and other expenses related thereto. This allowance amount may be adjusted by City Council annually, by ordinance. Article VI - Frinee Benefits (a) In addition to the Compensation set forth in Article IV and the Automobile Allowance set forth in Article V, the City agrees to provide the same hospitalization and medical insurance coverage available to all City employees and to pay, on behalf of Employee, the total premium for family hospitalization and medical insurance, including vision and dental coverage as provided all other City employees. (b) Employee shall receive fringe benefits such as annual leave, sick leave, life insurance, hospitalization, Virginia Retirement System, etc. in accordance with existing City policies and ordinance as applicable to all other City employees. Nothing herein shall be constructed to prevent changes in the nature of such benefits to Employee should such benefits be subsequently altered for all other City employees. (c) The City will pay up to Two Thousand Six Hundred Eighty Four ($2,684) annually on behalf of the City Manager in premiums for long term care insurance. This amount may be adjusted by City Council annually, by ordinance. Article VII -Hours of Employment It is recognized that the nature of Employee's position requires flexible hours. Therefore, Employee in consideration of his compensation shall work whatever hours are necessary to satisfactorily perform the functions and duties of City Manager. Article VIII -Dues and Subscriptions City agrees to pay professional dues and subscriptions of Employee necessary for its membership and participation in national, regional, state, and local associations and organizations of ajob-related nature and for travel and associated expenses of Employer to secure his attendance at professional meetings and conferences, as budgeted and approved by the City Council. Article IX -General Business Related Expenses Except as specifically provided in Articles V and VIII, the City agrees to reimburse Employee for job-related expenditures in accordance with existing City policy. Article X -Other Terms and Conditions of Employment (a) The City agrees to evaluate the performance of Employee at least once each year. All aspects of such evaluation shall be treated confidentially by the City and Employee subject to the provisions of the Freedom of Information Act. (b) The City Council may at any time prescribe any other terms and conditions of employment related to Employee's performance as City Manager as it may deem necessary, provided such terms and conditions are not inconsistent with the specific provisions of this Agreement. (c) City agrees to provide self-insurance coverage and legal counsel for Employee in matters relating to his official duties within the scope of his employment, as is provided to all other City employees. (d) All provisions of state or city law or policy relating to terms and conditions of municipal employment generally as they now exist or may hereafter be amended shall apply to Employee; provided however, that should any such law or policy be so changed as to be inconsistent with the terms hereof, this Agreement shall be deemed amended so as to comply with such law or policy. (e) The text herein shall constitute the entire Agreement between the parties and shall only be amended by a writing executed by both parties. (t) If any provision hereof shall be deemed unlawful, invalid, ultra vires, or otherwise unenforceable, the remainder of the Agreement shall be deemed severable and shall remain in full force and effect. (g) This Agreement supersedes any other agreement between the parties. IN WITNESS WHEREOF, the City of Virginia Beach has caused this Agreement to be executed on its behalf by its mayor in accordance with an ordinance of the City Council authorizing such execution, and Employee, James K. Spore, has executed this Agreement, both the day and year first above written. CITY OF VIRGINIA BEACH BY Mayor BY _ James K. Spore -' ~ r'r :.- .. . -; Cis,', _ •~3 i,~ :,. .~.'..~ Vti ~µ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Commending Kevin Orth and Atlantic American Partners for Their Rehabilitation of Twin Canal Village Apartments MEETING DATE: December 6, 2011 ^ Background: Twin Canal Village Apartments on Lynnhaven Parkway near South Independence Boulevard was constructed in 1979. In the years that followed, the property deteriorated, and that deterioration adversely impacted the quality of life for residents and neighbors. Atlantic American Properties, LLC, headed by managing partner Kevin Orth, acquired the property in January 2010 and then invested approximately $11 million to rehabilitate the property. Their comprehensive renovation new roofs, windows, siding, stairways, paving, lighting, fencing, HVAC, appliances, cabinets and flooring- improvements valued at $37,000 per unit. Thirty of the apartments were reconfigured to provide full accessibility for disabled persons with mobility impairments. Other improvements include a new community center with computers for resident use, room for a Head Start program, and a future HUD Neighborhood Network Center that will provide access to computer technology, employment training and other important services. The owner also made significant safety and security upgrades, including a beautifully landscaped guardhouse at the entrance with access restrictions to the property, new lighting throughout, and enhanced screening of potential tenants. ^ Considerations: The property achieved EarthCraft Multifamily certification for its significant energy efficiency improvements and environmentally sustainable practices. The owner worked closely with the Housing and Neighborhood Preservation, Planning, and Police departments to implement these renovations in ways that would most benefit residents and the neighborhood. The dramatic transformation of this property will significantly improve the quality of life for its residents and will provide them greater comfort and safety, as well as access to resources that can enable them to achieve a better life for themselves and their children. This resolution commends Kevin Orth and Atlantic American Partners for their rehabilitation of Twin Canal Village Apartments and the positive contributions they have made for residents of the apartments, the surrounding neighborhood, and our entire City. ^ Public Information: This item will be advertised in the same manner as other agenda items. ^ Attachments: Resolution Requested by Councilmember Davis REQUESTED BY COUNCILMEMBER DAVIS 1 A RESOLUTION COMMENDING KEVIN ORTH AND 2 ATLANTIC AMERICAN PARTNERS FOR THEIR 3 REHABILITATION OF TWIN CANAL VILLAGE 4 APARTMENTS 5 6 WHEREAS, Twin Canal Village Apartments on Lynnhaven Parkway near South 7 Independence Boulevard was constructed in 1979; 8 9 WHEREAS, in the years that followed, the property deteriorated, and that 10 deterioration adversely impacted the quality of life for residents and neighbors; 11 12 WHEREAS, Atlantic American Properties, LLC, headed by managing partner 13 Kevin Orth, acquired the property in January 2010 and then invested approximately $11 14 million to rehabilitate the property; 15 16 WHEREAS, their comprehensive renovation of the property included physical 17 upgrades such as new roofs, windows, siding, stairways, paving, lighting, fencing, 18 HVAC, appliances, cabinets and flooring-improvements valued at $37,000 per unit; 19 20 WHEREAS, thirty of the apartments were reconfigured to provide full accessibility 21 for disabled persons with mobility impairments; 22 23 WHEREAS, additional improvements include a new community center with 24 computers for resident use, room fora Head Start program, and a future HUD 25 Neighborhood Network Center that will provide access to computer technology, 26 employment training and other important services; 27 28 WHEREAS, the owner also made significant safety and security upgrades, 29 including a beautifully landscaped guardhouse at the entrance with access restrictions 30 to the property, new lighting throughout, and enhanced screening of potential tenants; 31 32 WHEREAS, the property achieved EarthCraft Multifamily certification for its 33 significant energy efficiency improvements and environmentally sustainable practices; 34 35 WHEREAS, the owner worked closely with the City's Housing and Neighborhood 36 Preservation, Planning, and Police departments to implement these comprehensive 37 renovations in ways that would most benefit residents and the neighborhood; 38 39 WHEREAS, the dramatic transformation of this property will significantly improve 40 the quality of life for its residents and will provide them greater comfort and safety, as 41 well as access to resources that can enable them to achieve a better life for themselves 42 and their children. 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA: 46 47 That the City Council hereby commends Kevin Orth and Atlantic American 48 Partners for their rehabilitation of Twin Canal Village Apartments and the positive 49 contributions they have made for residents of the apartments, the surrounding 50 neighborhood, and our entire City. 51 52 Adopted by the City Council of the City of Virginia Beach, Virginia, this 53 day of , 2011. APPROVED AS TO LEGAL SUFFICIENCY: %' City Attorney's Office CA12043 R-1 November 9, 2011 `~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Modify the $5,000,000 Interest-free Loan to the Virginia Beach Rescue Squad MEETING DATE: December 6, 2011 Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads receive no direct tax funding for their operating costs to provide these services and do not charge their patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through squad fund drives, conducted annually. In September 2007, the City Council approved a $5 million interest-free loan ("Loan") to the Virginia Beach Rescue Squad, Inc. ("Rescue Squad") for the design and construction of a new building. Council has modified the Loan two previous times. The Loan was modified in December 2010 to provide for one of the annual payments to be reduced from $500,000 to $250,000. In April 2011, the Loan was amended to clarify the payment dates. The Rescue Squad requests the reduction of the annual loan payment amounts from $500,000 to $250,000 for the remaining years of the Loan. If this payment schedule is approved, the Loan would be paid-in-full in fifteen years. The Rescue Squad believes this schedule will allow it to continue to honor its debts and to provide pre-hospital emergency services to the citizens of the City. Considerations: The requested modification of the Loan between the City and the Rescue Squad does not change the amount of the loan. Rather, the modification extends the payment schedule. As set forth in Amendment Three, the Loan will be paid in full January 28, 2026. Public Information: Information will be provided by the regular Council agenda notification process. Recommendations: Approval Attachments: Ordinance; Amendment Three to the Promissory Note Recommended Action: Approval ~11~ Submitting Department/Agency: Finance and EM V City Manager ~, 1 AN ORDINANCE TO MODIFY THE $5,000,000 2 INTEREST-FREE LOAN TO THE VIRGINIA BEACH 3 RESCUE SQUAD 4 5 WHEREAS, the City of Virginia Beach approved a loan of $5,000,000 to the Virginia 6 Beach Rescue Squad, Inc. ("Rescue Squad") on September 4, 2007 for the design and 7 construction of a new building; and 8 9 WHEREAS, the Rescue Squad gave the City a promissory note ("Note"), dated 10 September 5, 2007, in the amount of $5,000,000; and 11 12 WHEREAS, the Rescue Squad and the City amended the Note in December 2010 13 to provide a change in the repayment schedule; 14 15 WHEREAS, the Rescue Squad and the City further amended the Note in April 2011 16 to clarify the payment schedule further in regard to the payment dates; and 17 18 WHEREAS, the Rescue Squad and the City desire to amend the Note to provide for 19 a reduced yearly payment spread over additional years. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That, subsequent to execution of same by the Rescue Squad, the City Manager or 25 his designee is authorized and directed to execute an amendment to the Note to change the 26 payment schedule as set forth in the attached Exhibit, titled "Amendment Three to the 27 Promissory Note." Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. APPROVED AS TO CONTENT mergency Medical Services APPROVED AS TO CONTENT Finance Department APPROVED AS TO CONTENT 7 c.~ i ~ 'N~~~'l Management Services APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office CA12085 / R-1 /November 22, 2011 AMENDMENT THREE TO PROMISSORY NOTE BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA BEACH RESCUE SQUAD, INC. Whereas, the City of Virginia Beach received a promissory note ("Note") from the Virginia Beach Rescue Squad, Inc., dated, September 5, 2007, in the amount of $5,000,000; and Whereas, the City of Virginia Beach and the Virginia Beach Rescue Squad, Inc. desire to modify the Note as provided herein; NOW, THEREFORE, the Note is hereby modified as follows: 1. Payment on principal shall amended to provide: On or before January 28, 2009 - $500,000 On or before January 28, 2010 - $500,000 On or before January 28, 2011 - $250,000 On or before January 28, 2012 - $~A9;999 250,000 On or before January 28, 2013 - $~9~898 250,000 On or before January 28, 2014 - $~A9;898 250,000 On or before January 28, 2015 - $~A9;99~250,000 On or before January 28, 2016 - $000 250,000 On or before January 28, 2017 - $89;899 250,000 On or before January 28, 2018 - $~,~98 250,000 On or before January 28, 2019 - $250,000 On or before January 28, 2020 - $250,000 On or before January 28, 2021 - $250,000 On or before January 28, 2022 - $250,000 On or before January 28, 2023 - $250,000 On or before January 28, 2024 - $250,000 On or before January 28, 2025 - $250,000 On or before January 28, 2026 - $250,000 2. The "Maturity Date" shall be January 28, ~9 2026. 3. All other terms and conditions of the Note shall remain as provided in the Note. WITNESS the following signatures. VIRGINIA BEACH RESCUE SQUAD, INC. Title: Date: CITY OF VIRGINIA BEACH, VIRGINIA City Manager or designee Date: APPROVED AS TO CONTENT: Title: Date: APPROVED AS TO LEGAL SUFFICIENCY: Title: Date: ~`~,~xu B;gcy f04~~.. '~)) ~~'_ ~s; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the U.S. Department of Justice and to Transfer Grant Funds and the Local Match to the School Grants Fund MEETING DATE: December 6, 2011 ^ Background: At the request of the Virginia Beach City Public Schools (VBCPS), the Virginia Beach Police Department recently applied for and was awarded a grant under the 2011 COPS Secure Our Schools (SOS) grant program from the US Department of Justice. The amount of new federal funding is $427,610, but the grant requires a local match of the same amount. The VBCPS plan to use these grant funds to purchase new security cameras for enhanced student surveillance, replace existing cameras that are at the end of their life cycle and install an access control system allowing schools to keep their exterior doors locked. At their November 15th meeting, the School Board adopted a resolution requesting that City Council adopt an ordinance transferring the local match of $427,610 from the School Operating Fund, Operations and Maintenance Classification, to the School Grants Fund. ^ Considerations: The VBCPS intends to utilize this grant funding to improve student and school safety. With the required local match, the total amount to be directed to the SOS grant program is $855,220. The VBCPS has agreed to be responsible for all aspects of the administration of this grant program. ^ Public Information: Public information will be provided by the normal Council agenda process. ^ Attachments: Ordinance, School Board Resolution Recommended Action: Approval Submitting Department/Agency: Virginia Beach City Public Schools City Manager: ~Q.~k r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE U.S. DEPARTMENT OF JUSTICE AND TO TRANSFER GRANT FUNDS AND THE LOCAL MATCH TO THE SCHOOL GRANTS FUND WHEREAS, The Virginia Beach Police Department applied fora 2011 COPS grant on behalf of the Virginia Beach City Schools for the purchase of security equipment and systems; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $427,610 is hereby accepted from the U.S. Department of Justice and appropriated, with federal revenue increased accordingly, to the Operating Budget of the Police Department; and 2. $427,610 is hereby transferred from the Operating Budget of the Police Department to the School Grants Fund (Fund 116); and 3. $427,610 is hereby transferred from the Operations and Maintenance Classification of the School Operating Fund to the School Grants Fund for the local match. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: ~ '~ - --' Management Services City Attorney's Office CA12088 R-1 November 21, 2011 .z ~,H ~~±± p A H E A D O F T H E C U R v t SCHOOL BOARD Daniel D. Edwards RESOLUTION REGARDING FY 2411-12 BUDGET AND . Chairman OisVid 1-Centerville REQUEST FOR A CATEGORICAL1FUtVD TRANSFER 9 585 Lake ,lames Drive VA Beach, VA 23464 495-3551 {h) • 797.0259 {c} WHEREAS, the City of Virginia Beach's adapted Budget Ordinance for the current fiscal year appropriated wiBiamJ.°BiEP'Brenke,lV funds t0 the School Board of the City of Virginia Beach by major Category; and Vlce•Chalrman District 7 -Princess Anne 4099FoxwoodDrive,Suite108 WHEREAS, the Gode of Virginia §22.1-115, as amended, requires that grant related expenditures be made Virginia Beach, VA 23462 222-o93d(w~•2es•vn(~> in a separate Fund ar Category; and 7oddC.Davidson WHEREAS the Vir inia Beach Police De artment was awarded a COPS Secure Our Schools Grarit in the g p At-Large 1861 Mayberry Drive amount of $427,610 from the U.S. Department of Justice; an VABeabh,l,'A 23456 427-3330(w}•285.9409 (c) WHEREAS, the School Board has committed matching funds in the amount of $427,610 in its Operating Emma L."Em"Davis District 5 - tynnhaven Bud efi grid g , 1925 AAichaekx~d Drive VA 23452 VA Beach 610 is required to be moved from the Federal Grants Contingency #o the newly create $427 WHEREAS , 3d0-8911 (h) , , COPS Secure Our Schools Grant in the School Board's Grants Fund which action will require School Boar t)orothytA."Dottie°Nottz At-Large approval; and 9304 Downs lane vABeacn,vA 23455 Vyh{ER>=AS, the School Board requests a Categorical(Fund transfer in the amount of $427,610 from the 460.2440 (n) Operating Fund 1'15 to the Grants Fund 116 for the Schval Board's match; and Brent N, Mckenzie Dlslrict3-Rose Hap d Ph se k 0 B the CategoricaUFund transfers must be approved by the School Board and the Cify Council prior WHEREAS a roo woo 140 vABeach,vA 23453 , enditure of such funds by the School Board; and to ex 816.2736 {c) , Ashley It. Mclood p WHEREAS, the School Board wit! be responsible for al! aspects of administering the grant including the At-Large 55CSDeIParkAvenue matching funds; and VA Beach, VA 23455 552-0348 (h} NOWT THEREFORE BE IT Sarnud G, "Sarn° Reid ~isUict6--Beach RESOLVED: That the School Board approves and affirms the transfer and above listed recommended uses o 1533 VA Beach Bh~d. vABea~h,vA z345a these funds; and be it 284.9067 (c) uests that the City Council approve the CategoricallFun tl re l B h S h Patrick S. Salyer At-Large q oar e c oo FURTHER RESOLVED: That t transfer shown above; and be it 4849 Haymarket Drtve VA Beach, VA 23462 FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School 620-2149 (c} and the Clerk of the School Board is directed to definer a copy of this Resolution to the Mayor, each Board Vacant District2-Kempsville , Member of the City Council, the City Manager, and fhe City Clerk, Carolyn D. kyeems District 4 - Bayside 1420 Claudia Drive VA Beach, VA 23455 464-6674{h} SUPERINTENDENT 3ames G- MerrilE. Ed.4. 2512 George Mason Drive VA Beach, VA 2345fi 263-tOD7 Adopted by the School Board of the City of Virginia Beach this 15~ day of November 2011 Attest: Dianne P, Alexander, Clerk of the Board School Administration Building • 2512 George i~4ason Drive • P.O. Box 6038 • Virginia Beach, VA 2345&-0038 Daniel D. Edwards, School Board Chairman ww:vbschools.com ~ ~`~~~+:IA8Fg1~ ti ~ ^, q~ Aii~ M ~C3~ ~-~ ~, ~, -',l ~L~w~~~N CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funding from CIP #3-140, "Energy Performance Contracts (City)" to CIP #3-244, "Fire and Rescue Station -Chesapeake Beach" to Fund the Energy-Saving Features Proposed for the Project MEETING DATE: December 6, 2011 ^ Background: On September 22, 2011, six design-build proposals were received for the Chesapeake Beach Fire & Rescue Station ("Fire and Rescue Station"). As provided in the solicitation, the offerors were required, as a matter of responsiveness, to have a base proposal not-to-exceed $3.2 million. The base proposal would provide the minimum requirements for the design and construction of the Fire and Rescue Station. Offerors were given the opportunity to provide alternatives that are more expensive than the base proposal. Five of the six proposals exceeded the $3.2 million base budget for the contract award. Accordingly, only one proposal was responsive to the solicitation (the "Responsive Proposal"). The Responsive Proposal included sixteen alternatives to the base requirements of the solicitation. The total of all sixteen alternatives is $529,112. The most costly of the alternatives is a geothermal HVAC unit. City staff reviewed the alternatives to determine whether any of the items provide a significant reduction in energy consumption, lower maintenance costs, or an extended useful life when compared to the corresponding base requirement. After review, the City staff recommends including eleven of the alternatives. The cost of these eleven items is valued at $375,383. The base proposal and the alternatives include items that enhance the energy efficiency of the Fire and Rescue Center. The energy saving features include the geothermal heating and cooling system, LED lights, digital controls, energy recovery ventilators, automatic lighting controls, and building overhangs for passive shading. The total of the energy saving features is $375,257. Once the design (5.6%) and contingency (5%) is added to this total, the "fully-loaded" price of the energy efficiency enhancements is $416,085. ^ Considerations: CIP #3-140, "Energy Performance Contracts (City)" was authorized to fund various upgrades and improvements to City facilities for energy consumption savings. Funding is available in CIP #3-140 to cover the cost of energy- savings features for the Fire and Rescue Station. Once this $416,085 is added to the project, there is sufficient funding to add the eleven of the sixteen alternatives, including the geothermal HVAC unit, to the project. Therefore, the attached ordinance would provide a transfer from CIP #3-140 to CIP #3-244 in the amount of the "fully-loaded" price of the energy efficiency enhancements. ^ Public Information: Public information will be coordinated through the normal Council Agenda process. Public meetings have previously been held as part of the design process and a briefing was given to City Council on November 22, 2011 about this project. ^ Alternatives: Without the additional funding, the Fire and Rescue Station would be constructed within the current funding available in the project. However, the existing funding is not sufficient to include the alternative features that City staff believes would enhance the overall quality of the project. Many of these features are desirable because they reduce maintenance or ongoing costs. Other options for funding sources include the General Fund Reserve for Contingencies and/or the use of fund balance of the General Fund to bridge the gap. The Reserve for Contingencies has $1,078,374 remaining to address any issues that arise throughout the balance of the fiscal year. The General Fund has sufficient fund balance to provide the additional funding as well, but that will reduce the availability of funds to address future budget shortfalls. Staff identified the Energy Performance Contracts project as an appropriate source of funding because the project contains energy saving features that will "provide energy consumption savings," which is the stated goal of CIP #3-140. ^ Recommendations: Adopt the ordinance to transfer $416,085 from CIP #3-140, "Energy Performance Contracts (City)" to CIP #3-244, "Fire and Rescue Station - Chesapeake Beach" to fund the energy-savings related features included in the fire- rescue station project. ^ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Public Works/Engineering Q~.~ City Manager: S 1 AN ORDINANCE TO TRANSFER FUNDING FROM CIP #3- 2 140, "ENERGY PERFORMANCE CONTRACTS (CITY)" TO 3 CIP #3-244 "FIRE AND RESCUE STATION - 4 CHESAPEAKE BEACH" TO FUND THE ENERGY-SAVING 5 FEATURES PROPOSED FOR THE PROJECT 6 7 WHEREAS, the Fire and Rescue Station -Chesapeake Beach design-build 8 proposal includes energy saving features including a geothermal heating and cooling 9 system, LED lights, digital controls, energy recovery ventilators, automatic lighting controls, 10 and building overhangs for passive shading, which when design and contingencies are 11 included total $416,085; and 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, THAT: 15 16 $416,085 is hereby transferred from CIP #3-140, "Energy Performance Contracts 17 (City)" to CIP #3-244, "Fire and Rescue Station -Chesapeake Beach" to fund the 18 energy-saving features proposed for the project. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. APPROVED AS TO CONTENT _ ~~~ ~- . l Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~~~~e. c ~ City Attorney's Office CA12090 R-2 November 23, 2011 J. PLANNING 1. Application of VILLAGE CHURCH for a Modification of a Conditional Use Permit (approved September 27, 2005) to delete Condition No. 1 re the portable trailer at 4013 Indian River Road (DISTRICT 1 - CENTERVILLE) 2. Application of RANDY TILLMAN for a Conditional Use Permit re at 1646 -1650 Princess Anne Road (DISTRICT 7 -PRINCESS ANNE) 3. Applications of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO): a. §201(e) re fences in side yard setbacks b. §501 re outdoor recreation and amusement facilities in residential districts c. §503 re height regulations for public schools in residential districts 4. Application of CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan re the Virginia Aquarium and Owls Creek Area Master Plan O~ `NU ~~ ~~ aeA,.: ~l ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VILLAGE CHURCH, Modification of Conditional Use Permit, 4013 Indian River Road (GPIN 1474623633). CENTERVILLE DISTRICT. MEETING DATE: December 6, 2011 ^ Background: The applicant is requesting a modification of a Conditional Use Permit for a church approved on September 23, 2003 then modified on September 27, 2005 due to the accumulation of additional property. The applicant proposes to relocate a portable trailer to their site. The portable trailer is 24 feet in width by 37 feet in length for a total of 888 square feet. The trailer will be located 55 feet back from Indian River Road partially concealed from view and 10 feet from the north property line. The portable trailer location is 15 feet into the 25 feet building setback line as shown on the approved site plan. The trailer would be used to support the Day Watch Program which provides academic support for African American male students suspended from school that may be at risk for poor performance in the Virginia Beach Public School system. The trailer will be occupied by no more than 10 -15 individuals at one time, including teachers. The trailer will be used for the Day Watch program from Monday through Friday from 8:00 a.m. to 3:30 p.m. during the school term. The church intends to use the trailer on Sundays for religious education classes. The church is requesting the trailer to be on site for five years while they begin an endeavor to establish permanent classrooms in their existing building. The applicant is requesting to modify Condition 1 of the Use Permit and to add a condition relating to the time limit for the portable trailer. The applicant depicts on a revised site plan the location for a portable trailer and landscaping. Condition 1 describes the site plan which depicts a 25' building setback line and is to be modified to allow for the portable trailer and landscape screening buffer location. ^ Considerations: The proposed modification of conditions to allow this use is consistent with the land use policies of the Comprehensive Plan's Suburban Area. However, over time, a permanent structure should be pursued for the church's space needs, in order to further the goal of preserving neighborhood quality with all new development or redevelopment either maintaining or enhancing the overall new development of the area. The proposed portable classroom trailer will be close to the residential neighborhood and should be screened from view. This structure is sited appropriately behind the Village Church Page 2 of 2 existing building. Limiting the portable trailer location to the rear of the existing building is recommended as a condition of approval. It is also recommended that either a foundation skirt or landscaping be installed around the base of the mobile structure to provide some aesthetic enhancement. There was no opposition to the request. ^ Recommendations: Staff recommended approval of this requested modification with conditions. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on September 23, 2003 then modified on September 27, 2005 remain in affect. 2. Condition Number 1 of the September 27, 2005 Conditional Use Permit is deleted and replaced with the following: The Site shall be developed and constructed in substantial conformance with the Site Plan entitled "Church Facility for The Village Church, sheet 3 of 13", prepared by Hunt Club Consulting, dated February 13, 2004, revised by hand to depict the location of the portable trailer and landscaping buffer, with the exception of the additions of Conditions 2 through 6 modifications listed in the September 23, 2003 Conditional Use Permit approval. 3. The portable trailer shall be as represented in the photograph entitled "Front Elevation", undated. A foundation skirt or landscaping shall be provided around the perimeter of the portable trailer. The portable trailer shall be limited to five (5) year time frame. After such time, the portable trailer must be removed from the property. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommended approval. Planning Commission recommended approval. Submitting Department/Agency: Planning Department City Manager: ~ ~ -33- Item V-L.1. PLANNING ITEM # 54424 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council MODIFIED CONDITIONS upon application of VILLAGE CHURCH, re Conditional Use Permit (approved by City Council on September 23, 2003) to incorporate additional acreage at 4013 Indian River Road. ORDINANCE UPON APPLICATION OF VILLAGE CHURCH FOR THE MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON SEPTEMBER 23, 2003. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Village Church for the Modification of Conditions for a Conditional Use Permit approved by City Council on September 23, 2003. Property is located at 4013 Indian River Road (GPINs 14746236330000; 14746233120000). DISTRICT 1- CENTERVILLE The following conditions shall be required: 1. All conditions, with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on September 23, 2003, shall remain in affect. Condition Number 1 of the September 23, 2003, Conditional Use Permit is deleted and replaced with the following: The Site shall be developed and constructed in substantial conformance with the Site Plan entitled, "Church Facility for The Village Church, sheet 3 of 13, "prepared by Hunt Club Consulting, dated February 13, 2004, with the exception of the addition of Conditions 2 through 6 listed in the September 23, 2003, Conditional Use Permit approval. 2. The exterior of the building shall be constructed substantially as depicted on the Site Layout Plan entitled, "Church Facility for The Village Church, "prepared by Verebely & Associates, Architects, dated April 18, 2003. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of September, Two Thousand Five September 27, 2005 -34- Item V-L.1. PLANNING ITEM # 54424 (Continued) Voting: 11-0 (By Consent) G y ~_ G O V O W J J W Z rW~ V C w ;~ 'b c Py. N ~ ~ 04 Q N .y. o~ V Q ~ ~.. 0 U ;;, O 3`c ~a N C C~ '.ENTERVILLE ~~:,I~e ~z k Village Church ,_ :. ~R75 ~ R15" ~ ,. ~, T~ ~ ~ ~ ~ ~ ~ R~15" R15 r Ri5' ~ ~' 1 t~~. Rt~o~, .C ,, '~, ~r ~ ,~ ,; T ~~ \\ ~~ ~i~l - ~ ~~~ R15 ~~,,'T ~ I it w r0~'}ty~ R15 ,~' I _}1I p ti ~' ~ , ' , 156 b~ry jr15 15 ~~~ •m ' ,wx c..~..r~ww.,. aq. ModKlcatton of Condlt7ons 8 November 9, 2011 Public Hearing APPLICANT/ PROPERTY OWNER: VILLAGE CHURCH STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Conditional Use Permit for a religious use -approved by the City Council on September 23, 2003 and modified September 27, 2005. ADDRESS /DESCRIPTION: 4013 Indian River Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14746236330000 CENTERVILLE 355,061 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant is requesting a modification of a Conditional Use Permit for a church approved on September 23, 2003 then modified on September 27, 2005 due to the accumulation of additional property. The applicant proposes to relocate a portable trailer to their site. The portable trailer is 24 feet in width by 37 feet in length for a total of 833 square feet. The trailer will be located 55 feet back from Indian River Road partially concealed from view and 10 feet from the north property line. The portable trailer location is 15 feet into the 25 feet building setback line as shown on the approved site plan. The trailer would be used to support the Day Watch Program which provides academic support for African American male students suspended from school that may be at risk for poor performance in the Virginia Beach Public School system. This program services Salem Middle School, Kempsville Middle School, Brandon Middle School and Larkspur Middle School. The trailer will be occupied by no more than 10 -15 individuals atone time, including teachers. The trailer will be used for the Day Watch program from Monday through Friday from 8:00 a.m. to 3:30 p.m. during the school term. The church intends to use the trailer on Sundays for religious education classes. The church is requesting the trailer to be on site for five years while they begin an endeavor to establish permanent classrooms in their existing building. VILLAGE CHURCH Agenda Item 8 Page 1 The applicant is requesting to modify Condition 1 of the Use Permit and to add a condition relating to the time limit for the portable trailer. Condition 1 The Site shall be developed and constructed in substantial conformance with the site plan entitled "Church Facility for The Village Church, sheet 3 of 13", prepared by Hunt Club Consulting, dated February 13, 2004, with the exception of the additions of Conditions 2 through 6 modifications listed in the September 23, 2003 Conditional Use Permit approval. The applicant depicts on the revised site plan a location for the portable trailer and landscaping. Condition 1 describes the site plan which depicts a 25' building setback line and is to be modified to allow for the portable trailer and landscape screening buffer location. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Church and associated parking SURROUNDING LAND North: Indian River Road USE AND ZONING: • Single-family dwellings / R-15 Residential District South: . Wetland ,marsh / / R-15 Residential District East: . Vacant, partially wooded / R-15 Residential District West: Single-family dwellings / R-15 Residential District NATURAL RESOURCE AND The property is within the Southern Watershed Management Area. The CULTURAL FEATURES: rear of the site is encumbered by floodplain, wetlands and the Southeastern Parkway and Greenbelt alignment. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall new development of the area. This is accomplished by having all new development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. (p. 3-1) CITY SERVICES MASTER TRANSPORTATION PLAN (MTPI /CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The. Master VILLAGE CHURCH Agenda Item 8 Page 2 Transportation Plan proposes afour-lane facility within a 150 foot right-of-way. Currently, this segment of roadway is functioning under capacity at a LOS C or better. A roadway Capital Improvement Program project is slated for this area. Indian River Road West -Transition Area Network (GIP 2-506) is for the construction of a four-lane divided roadway from Elbow Road to North Landing Road. It includes landscaping, aesthetic enhancements, multi-use paths, and bike lanes. This project is on the Requested But Not Funded Project Listing and will be funded as development creates the need for additional roadways. TRAFFIC: Street Name present Volume present Capacity Generated Traffic Indian River Road 4,946 ADT 13,600 ADT (Level of Existing Land Use - Service "C") 123 ADT church weekday 15,000 ADT' (Level of 493 ADT church Sunday Service "D") /Capacity Proposed Land Use 3- 16,200 ADT' (Level of 190 ADT church & Day Watch Service "E") 493 ADT church & Sunday classroom Average Daily Trips s as defined by 13,457 SF church s as defined b church and da watch ro ram / Sunda school Since two different uses were specified for the trailer, trip generation numbers were given for both the weekday and Sunday. The addition of a trailer for the Day Watch Program is not expected to have significant impacts to Indian River Road since the use generates a small number of trips and since Indian River Road is well below capacity. The trip generation on Sundays does not change from existing conditions to proposed conditions since the new Sunday School classroom is assumed to comprise of existing church members. WATER: There is an existing 10" city water main along Indian River Road. The existing 1"water meter can be used or upgraded to accommodate this proposal. SEWER: There is existing 10" city sanitary sewer gravity main along Indian River Road. Pump Station #574, the receiving pump station for this site, has capacity issues and may require modification. An engineering hydraulic analysis of Pump station #574 and the sanitary sewer collection system is required to ensure future flows can be accommodated. FIRE: The applicant is required to obtain a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department upon approval of this request. EVALUATION AND RECOMMENDATION The proposed modification of conditions to allow this use is consistent with the land use policies of the Comprehensive Plan's Suburban Area. However, over time, a permanent structure should be pursued for the church's space needs, in order to further the goal of preserving neighborhood quality with all new development or redevelopment either maintaining or enhancing the overall new development of the area. VILLAGE CHURCH. Agenda Item 8 Page 3 The proposed portable classroom trailer will be close to the residential neighborhood and should be screened from view. This structure is sited appropriately behind the existing building. Limiting the portable trailer location to the rear of the existing building is recommended as a condition of approval. It is also recommended that either a foundation skirt or landscaping be installed around the base of the mobile structure to provide some aesthetic enhancement. Staff recommends approval of this requested modification, as conditioned below. CONDITIONS 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on September 23, 2003 then modified on September 27, 2005 remain in affect. Condition Number 1 of the September 27, 2005 Conditional Use Permit is deleted and replaced with the following: The Site shall be developed and constructed in substantial conformance with the Site Plan entitled "Church Facility for The Village Church, sheet 3 of 13", prepared by Hunt Club Consulting, dated February 13, 2004, revised by hand to depict the location of the portable trailer and landscaping buffer, with the exception of the additions of Conditions 2 through 6 modifications listed in the September 23, 2003 Conditional Use Permit approval. 3. The portable trailer shall be as represented in the photograph entitled "Front Elevation", undated. A foundation skirt or landscaping shall be provided around the perimeter of the portable trailer. The portable trailer shall be limited to five (5) year time frame. After such time, the portable trailer must be removed from the property. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. VILLAGE CHURCH Agenda Item 8 Page 4 AERIAL OF SITE LOCATION VILLAGE CHURCH ~ Agenda Item 8 } Page 5 -~ ..~ {n4/a ~ieviavn~ ~ .o~) ovoa a3niaJNViaHi''~ = ~ ~i ~,., ,. ~s~ ,~wa _ _ ~ ~= t • _ __ t- --- _- ~,~__ ,J;,. ~{ ,., ~ - - i ~" ea, 1 I~ I 1, ' ~ ~ ~. _ _ F. fmla .~i1 - --- 1 ~ 1 1 i iM/a .os.) ovoa a3!va r~vraNi 3av ru ~ __ _ "" ~ ov a3Na vvloNi ,a-~n~ $ ~, ._.__ a ,, a -~~ t~ ~ :.rw?I ~~ ~~~ e_ ~- ~ ~~ ~ ~ f ~ 1 ~ 1 ~ ~ - [fi ~ 1 t t ~ ~ °~~~~ ~E ~ ~ m , - ~ 1 ~ r ~ ~ ; ~ ~ 1 ' t~ ' ~ ~ ° t ~~ ~~ I ~ ~ ~° .~1 ~ ~~ ~~ ~ r, ' ; - Location of trailer and ~~ ~ ~ ~ ~ ~ ,~~ ~~o/ Iii 4 r ~~~~~ i landscape screening ~. ,~.{ x,1;1 _ ~~a~ ~ ~ / ..+ R F _ G Q~J ~ P ~~' ~ ~ iiII V~ ~ ^~°f ~ ~ ~ 4 ~ 1 iffi •w+ b ~ ~-# ~ ~i ~~ j a ~a a + 1 ' 1 ~ ~ i ~~ 1 ~ E i F~~_ F 4 18 i ~ ~. } ' 1 1 ; ' i ' ; 1 ~; n 1 : ~ 1', 1 J ~ ~ S~t, 1 ~ 1 1 Iii 1! W `0.(Y"-./ X ' ~ ~~ + ~ i 1 ( PROPOSED SITE PLAN .,~~ VILLAGE CHURCH ; Agenda Item 8 Page 6 t ~~ C - ICI i ~, PHOTO GRAPH OF TRAILER VILLAGE CHURCH ~'` Agenda Item 8 ;> Page 7 ~ ;~ ~,~,: `~ ~.: ` . ..i .~ ;~ ~Ilrr... PHOTOGRAPH OF POTENTIAL TRAILER LOCATION VILLAGE CHURCH +~ Agenda Item 8 Page 8 ; y ~~ r t ~~_ - ,~ .s CENTERVILLE ~1~~ ~ E-1? Village Church Na-~ ~'o; to cafe ~. ~ ~ •,. ~, ' ~ _'~~, > ~ 't i a ~ ~ r ~ v~ ~ i~ :~' ;~ sV I ,~_ ,~ ~` ~ ~ ti~ ~ ,~, r~ ~ ~, y ~ , ; r ., ~ ~Ati ~ ~ R1 s 1 ~ ~ ,~ ~ i ~ ~ ~~ ~' ~_- - ` //~ / %, ',. ~, .. R15 ~~' " ~. '~~. ;~/' ,~ ~ - ~' ~ ~ r Syr R1 /; \` ~'~ =~ ~1S ~r ~,~ ~_ ~ Zoning with Condirions:Protlers. Open Modification of Conditions Space Promotion or PDH•2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 09/27/2005 Modification of Conditional Use Permit (Religious Facilit Granted 09/23/2003 Conditional Use Permit Reli ious Facili Granted 2 12/08/1998 Conditional Rezonin R-15 to R-10 Granted 12/08/1998 Conditional Use Permit church & da care Granted 08/14/1990 Conditional Use Permit o en s ace Granted 06/11/1990 Conditional Use Permit o en s ace Denied 12/12/1988 Conditional Use Permit o en s ace Granted 02/23/1987 Conditional Use Permit borrow it Withdrawn VILLAGE CHURCH ~~ Agenda Item 8 ~ ,~ Page 9 *. } ~L ~ ~.~ DISCLOSURE STATEMENT mil, ~y 1~1 rO `~ w O 1~~ 1~~T~1~ 1~ M~1 A O O APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach tilt if necessary) 1/i/f`ufC f+NNrcrt. Wayne Mdrews, Ralph Wormley, Valerie Matthews, Joyce Leach, Frenlcie Copeland, Samuel Simmons, Ronda Jorclan,and laurice Yam ~,q~ 7rus~ O 2. List all businesses that have aparent-subsidiary' or affiliated business entity' relationship with the applicant: (Attach list if necessary) a Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is difl`erent from applicant. If the property owner is a corporation, partnership, fine, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List aH businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list hnecessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next paw for footnotes Does an official ore oyee of the City of Virginia Beach have an interest in the subject land? Yes ~ No ~/ If yes, what is the name of the offical or employee and the nature of their interest? Moaec.uon or COntlelone app+ication Page 10 d 71 Fa~16W 7/,!107 DISCLOSURE STATEMENT VILLAGE CHURCH Agenda Item 8 Page 10 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, inducting but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Virginia Power ' 'Parent-subsidiary relationstp' means 'a relationship that exists when one corporation direly or indirectly owns shares possessing more then 50 percent of the voting power of another corporation ' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 'Affiliated business entity relationship' rrx~ns "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a conVOlling ownersMp interest in the other business entity, {ii) a controlling owner in one entity is also a controlling owner in the other entity, or (Ni) there is shared management or control between the business entities. Factors that stwuld be considered In detemdning the existence of an affiliated business entity relationship irxdude that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share ~tivifies, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities' Sae State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 cortity that the information contained herein is true and accurate. 1 understand that. upon receipt of notification tpostcard) Crat the application has bean scheduled for public trearfng, 1 am respwrslble for obtaiNng and posting the required sign on the subjeq ProP~Y ~ least 30 days pdw fo the scheduled public hearing accor~ng to the irudructions in tt»s padrage. The undersigned also corxerrts to entry upon the subject property by emPbY~ of the Department or Planning to photograph and view the alts for purposes d processing arrd evaluating tltis application. Applicants Signature ' tint me Property Owners Signabxe (H diftereM then applic~q Print Name I++oenfnnon d conailaxi ~pp~ti«i Pape 71 or 7 7 Revised 713!2007 /~i _~ ~~ rO V w O ~~~ ~~ ~~ A DISCLOSURE STATEMENT VILLAGE CHUf~CH Agenda Item 8 Page 11 Item #8 Village Church Modification of a Conditional Use Permit 4013 Indian River Road District 1 Centerville November 9, 201 i CONSENT An application of Village Church for a Modification of a Conditional Use Permit for a religious use approved by City Council on September 23, 2003 and modified September 27, 2005 on property located at 4013 Indian River Road, District 1, Centerville. GPIN: 1474-62-3633-0000. CONDITIONS 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on September 23, 2003 then modified on September 27, 2005 remain in affect. 2. Condition Number 1 of the September 27, 2005 Conditional Use Permit is deleted and replaced with the following: The Site shall be developed and constructed in substantial conformance with the Site Plan entitled ``Church Facility for The Village Church, sheet 3 of 13", prepared by Hunt Club Consulting, dated February 13, 2004, revised by hand to depict the location of the portable trailer and landscaping buffer, with the exception of the additions of Conditions 2 through 6 modifications listed in the September 23, 2003 Conditional Use Permit approval. 3. The portable trailer shall be as represented in the photograph entitled "Front Elevation", undated. A foundation skirt or landscaping shall be provided around the perimeter of the portable trailer. The portable trailer shall be limited to five (5) year time frame. After such time, the portable trailer must be removed from the property. Item ;#8 Village Church Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards..Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Pnspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (Cl'TED) concepts and .strategies as they pertain to this site. AYE 11 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMUDN AYE RIPLEY AYE RUSSO AYE STRANGF, A~'E THORNTON AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Cemmission approved item 8 by consent. The applicant Ralph Wormley appeared before the Commission. .,, Nu ~~ .~ri:`~~ ~~ tt a..,...,..-~. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RANDY TILLMAN, Conditional Use Permit, 1646 &1650 Princess Anne Road (GPINs 2402979733, 2412077207). PRINCESS ANNE DISTRICT. MEETING DATE: December 6, 2011 ^ Background: It is the intent of the applicants to create four new residential lots, to be distributed among family members, under a conditional use permit for alternative residential development. This application consists of two parcels; an existing 1.033 acre parcel and an existing 29.87 acre parcel for a total of 30.90 acres. The 1.033 acre parcel contains an existing single family home. The 29.87 acre parcel contains an existing single family home and several outbuildings. These parcels were created prior to June 28, 1994, when the current ordinance concerning residential density in the Agricultural Districts was adopted. The portion of the parcels being utilized for this request contains 26.45 acres of class I soils and 3.21 acres of class II soils. Based on one dwelling unit per every five acres of class I soils, as permitted under alternative residential development, a total of five new residential lots could be requested. Health Department approval has been obtained for the proposed lots. ^ Considerations: The proposed Conditional Use Permit for alternative residential development is acceptable. The four new lots are below the five lots permitted by the class of the soils. The Comprehensive Plan's Rural Development Guidelines for residential development call for residential lots to be subdivided on soils that possess the best drainage and water table characteristics. In this case the subject parcels contain class I (State loam) soils. The proposed dwellings have been setback a minimum of 450-feet from Princess Anne Road and have been staggered. This layout will provide a sufficient green area and/or area of cultivation along this roadway to retain the rural character of the area which is in keeping with the Comprehensive Plan's Rural Development Guidelines for residential development. Randy Tillman Page2of2 The lots have also been arranged so existing curb cuts can be utilized and shared between lots with only one addition shared curb cut proposed. There was no opposition to the request. ^ Recommendations: Staff recommended approval of this request subject to the conditions. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Subdivision of Property of Laura Frances Tillman, Trustee Under the Laura Frances Tillman Declaration of Trust and 1.033 Acre Parcel, Subdivision of Property for Laura Frances Tillman," dated June 8, 2010, prepared by Gallup Surveyors & Engineers, Ltd. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The property owner shall maintain the on-site gravel driveway sufficient to support emergency vehicles at all times. 3. Private access easements shall be place over the shared access points. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommended approval. Planning Commission recommended approval. Submitting Department/Agency: Planning Department ~; '~ City Manager: ~, ~'L'~ z ~r1 1^ 1 Vj~ j N w. .7 ti L A ti P/UNCFSS ,11VN1:' n lnn l:_Yi r . ..~ „ 9 November 9, 2011 Public Hearing APPLICANT: RANDY TI LLMAN PROPERTY OWNERS: RANDY TI LLMAN AND REQUEST: Conditional Use Permit (alternative residential development). LAURA FRANCES TILLMAN,TRUSTEE STAFF PLANNER: Ray Odom ADDRESS /DESCRIPTION: 1646 and 1650 Princess Anne Road. GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 2412-07-7207 Princess Anne 30.90 Acres Less than 65 dB DNL 2402-97-9733 SUMMARY OF REQUEST It is the intent of the applicants to create four new residential lots, to be distributed among family members, under a conditional use permit for alternative residential development. This application consists of two parcels; an existing 1.033 acre parcel and an existing 29.87 acre parcel for a total of 30.90 acres. The 1.033 acre parcel contains an existing single family home. The 29.87 acre parcel contains an existing single family home and several outbuildings. These parcels were created prior to June 28, 1994, when the current ordinance concerning residential density in the Agricultural Districts was adopted. The portion of the parcels being utilized for this request contains 26.45 acres of class I soils and 3.21 acres of class II soils. Based on one dwelling unit per every five acres of class I soils, as permitted under alternative residential development, a total of five new residential lots could be requested. The existing house and outbuildings on the 29.87 parcel will be located within proposed Lot 2C. Lot 2C will total 1.01 acres and access will be provided via the existing circular driveway. The existing 1.033 acre parcel is being resubdivided and will become Lot 2A. This parcel has an existing driveway. The driveway and a portion of the lot will be incorporated into proposed Lot 2B. Lot 2B will be a flag lot, as permitted under alternative residential development, and will total 1.10 acres. A portion of the 29.87 acre RANDY TILLMAN Agenda Item 9 Page 1 •z°n+°y Wah co.axa..r,°n..` CUA-Alternative Resldentfa/ DevNopment parcel will be incorporated into the existing 1.033 acre parcel to compensate for the area being provided to proposed Lot 2B. Lots 2A and 26 will share the existing driveway. The remaining portion of the existing 29.87 parcel will become Lots 2D and 2E. Lot 2D will total 13.14 acres and Lot 2E will total 14.27 acres. Lots 2D and 2E will be accessed by a new shared driveway. The applicant has indicated that Lots 2D and 2E will remain in cultivation. Health Department approval has been obtained for the proposed lots. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The subject parcels are developed with single family homes and are zoned AG-1 and AG-2 Agricultural Districts. SURROUNDING LAND North: Cultivated field / AG-1 and AG-2 Agricultural Districts USE AND ZONING: South: Cultivated field / AG-1 and AG-2 Agricultural Districts East: . Forested / AG-1 Agricultural District West: . Princess Anne Road /Single-family homes / AG-2 Agricultural District COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the southern half of the Ciry south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth. Rural Development Guidelines for residential development call for residential lots to be subdivided on soils that possess the best drainage and water table characteristics. The guidelines also call for the rural residential character of the area to be protected and not be dominated by new development. Successful rural residential developments should not dominate, but complement the pastoral setting and showcase the attractiveness of the natural surrounding countryside. Homes should to be arranged in ways that adapt to the natural rural setting and not follow a typical suburban pattern of regimentation. CITY SERVICES TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 8,900 ADT 12,000 ADT (Level of Existing Land Use - Road Service "D") 20 ADT Proposed Land Use 3- 50 ADT Average Daily Trips z as defined by s as defined b RANDY TILLMAN Agenda Item 9 Page 2 EVALUATION AND RECOMMENDATION The proposed Conditional Use Permit for alternative residential development is acceptable. The four news lots is below the five lots permitted by the class of the soils. The Comprehensive Plan's Rural Development Guidelines for residential development call for residential lots to be subdivided on soils that possess the best drainage and water table characteristics. In this case the subject parcels contain class I (State loam) soils. State loam soils are well drained and are generally suitable for conventional septic systems on one acre lots. The proposed dwellings have been setback a minimum of 450-feet from Princess Anne Road and have been staggered. This layout will provide a sufficient green area and/or area of cultivation along this roadway to retain the rural character of the area which is in keeping with the Comprehensive Plan's Rural Development Guidelines for residential development. The lots have also been arranged so existing curb cuts can be utilized and shared between lots with only one addition shared curb cut proposed. Therefore, staff recommends approval of this request subject to the conditions listed 1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Subdivision of Property of Laura Frances Tillman, Trustee Under the Laura Frances Tillman Declaration of Trust and 1.033 Acre Parcel, Subdivision of Property for Laura Frances Tillman," dated June 8, 2010, prepared by Gallup Surveyors & Engineers, Ltd. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The property owner shall maintain the on-site gravel driveway sufficient to support emergency vehicles at all times. 3. Private access easements shall be place over the shared access points. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. RANDY TILLIVIAN Agenda Item 9 Page 3 b (~. l~ ~ ' ~ , ~ 1 ~: ~,y~. .~ y ~' ~ , ~ ~ ~k .. ; ~ ~ ~ ~ " ~ ~ ~. +~ _ -b~ a ~~ y ~ y "r T1 << ~~' ~s4 S`~.: l~ f .A. j ~I;; 'V1, ` i rgii I . ~ g Pictometry 9 s ~' .~ r.'~ .t .. ,{~.r' e Q { 6~ ~~ 3= ~~ fq ~ f I ~~~ >a ;; e ~ ~~ 6 ~ i ~ s Z ~ € 3 ~ ~ ~ E 8 ' `= a~~~3 li R € ans e ~~w C~~~& id 2ti6~yi ~ ~ ~~n ~Y b ~~.~ PROPOSED SUBDIVISION/LAYOUT PLAN RANDY TILLMAN Agenda Item 9 Page 5 I d 33 ~ ~ Ft~~5 Ka ~ ~ a ~~°~~ x }yyr~~~ QQ s ~ aapi k~7 ~agA ~ ~6;" gg..~. • ^ a 9 ~~ ~ , ~ 1 ~ ~ 3 ` Y PRINCESS ANNE T 7 T~71 nne Noy ro s~~e~ 65.7 Db do ~ F~' A ~ , ,~ - ° S~ .r .,r., -~r ar, F~ -,rr~ ar;v ~. ..., ~ .•.F,E -C -.,F _~~F F~ ~F~ F~ '- F ~,FP FF -` GCS (~ FF H p" H:f .;FF .. nF[ AFP if .FF ,.-:F FRF ?.F'F --fiF ~ - i -RF .-RP I.Rf~ ~ - !~~ OFF F~ >FF _ r ~-_ c ,-F, ` - .s , AG1 liZlllU ~' 1 llllil "till „ ,F {FP sfiF OFF ~.F~ ~,, ,~ o ~ ,° A 2 ~ _ i ~7q ~~ AG1 i /i . ~+ i .'l//,/.' i / fem. // j~ ~(R; ~ ;A ~;;~~ AG1 ~`` G 1 / AG2 ~~` J AG2 ...._.....,.~ ..~: ~~ ~~ .'' a ~ a , ~'s 1 g with Conditions,~Proflers CUP-Alternative Residential Development ZONING HISTORY # DATE REQUEST ACTION 1 02/25/1992 Subdivision Variance lot width A roved 2 02/25/1992 Condition Use Permit (single family home & shelter for farm em to ee Approved 3 08/31/1991 Subdivision Variance (lot width) & Condition Use Permit sin le famil homes Approved 4 08/13/2002 Subdivision Variance lot width A roved 5 04/08/1985 Subdivision Variance lot width A roved RANDY TILLMAN Agenda Item 9 Page 6 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. bebw: (Attach list if necessary) N/A 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list ifnecessary) N/A L~1 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. ff die property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) N/A 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A ~ Check here if the property owner is NOT a cerporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No ,~ If yes, what is the name of the official or employee and the nature of their interest? Corgilional use Permit nppAca,ion Page9M1D f2avised 7/372007 O c~ a~.~ w z 0 0 V DISCLOSURE STATEMENT RANDY TILLMAN Agenda Item 9 Page 7 DISCLOSURE STATEMENT N~ ~~- ~+ W cn ~~- z 0 I-..+ .--. O V ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Gallup Surveyors & Engineers Ltd ' °Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3109. ~ "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a contrdling owner in the other entity, or (iii} there is shared management or control between the business entities. Factors that should be considered in determining the existence of an afrlliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understarld that, upon receipt of notification {postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according tb the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ,.,.1 Randy Tillman Apprican ' ignature Print Name ~~-~-~ ~""~ " ~-~-~ ! ~~ ..~,~,,~,,,,i Laura Frances Tillman, Property Owner's Signature ("rf different than applicant) Print Name rUStee Corgitional use PemYt Apgication Page 100110 Revised 7/!!2007 DISCLOSURE STATEMENT RANDY TILLMAN Agenda Item 9 Page. 8 Item #9 Randy Tillman Conditional Use Permit 1646 & 1650 Princess Anne Road District 7 Princess Anne November 9, 2011 CONSENT An application of Randy Tillman for a Conditional Use Permit for alternative residential development on property located at i646 & 160 Princess Anne Road, District 7, Princess Anne: GPIN: 2412-07-7207- 0000;2402-97-9733-0000. CONDTIONS 1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Subdivision of Property of Laura Frances Tillman, Trustee Under the Laura Frances Tillman Ceclaration of Trust and 1.033 Acre Parcel, Subdivision of Property for Laura Frances Tillman," dated June 8, 2010, prepared by Gallup Surveyors & Engineers, Ltd. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The property owner shall maintain the on-site gravel driveway sufficient to support emergency vehicles a± all times. 3. Private access easements shall be place over the shared access points. Item #9 Randy Tillman Page 2 NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 11 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approve d item 9 by consent. The applicant Randy Tillman appeared before the Commission. .,, Nu eel a~ ~ s, ~i`,~' Fj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -ORDINANCE TO AMEND SECTION 201 - An Ordinance to amend Section 201(e) of the City Zoning Ordinance pertaining to fences in the side yard setbacks. MEETING DATE: December 6, 2011 ^ Background: This amendment will allow citizens with dwellings that have a nonconforming side yard setback adjacent to a street, to place six foot tall fences in the required side yard, as long as they are in line with the corner of the dwelling and parallel to the street. The fence must be at least 5 feet from the right-of-way. ^ Considerations: This amendment will allow older dwellings which are located in the side yard setback to fence their back yard, beginning at the side of the dwelling. There was no opposition to the request. ^ Recommendations: Staff recommended approval of the proposed amendment. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. ^ Attachments: Staff Review Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommended approval. Planning Commission recommended approval. Submitting Department/Agency: City Manager: S J~ Planning Department 10 November 9, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND SECTION 201 OF THE CITY ZONING ORDINANCE REQUEST: An Ordinance to amend Section 201 of the City Zoning Ordinance (CZO) pertaining to fences in the side yard setback. SUMMARY OF AMENDMENT This amendment will allow citizens with dwellings that have a nonconforming side yard setback adjacent to a street, to place six foot tall fences in the required side yard, as long as they are in line with the corner of the dwelling and parallel to the street. The fence must be at least 5 feet from the right-of-way. This will allow older dwellings which are located in the side yard setback to fence their back yard, beginning at the side of the dwelling. RECOMMENDATION Staff recommends approval of the proposed amendment. CITY OF VIRGINIA BEACH=Section 201 :Agenda Item 10 Page. 1 AN ORDINANCE TO AMEND 201 (e) OF THE CITY 2 ZONING ORDINANCE PERTAINING TO FENCES IN 3 SIDE YARD SETBACKS 4 5 Section Amended: § 201(e) 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 201(e) of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 17 ALL DISTRICTS 18 19 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 20 PARKING AND OFF-STREET LOADING 21 22 .... 23 24 Sec. 201. Yards. 25 26 .... 27 28 (e) Requirements for Fences and Walls. 29 30 (1) Fences and walls shall not exceed a height of eight (8) feet. Walls and 31 fences may project into or enclose any part of any yard; provided, 32 however, that any fence or wall which projects into or encloses a required 33 front or side yard adjacent to a street shall not exceed a height of four (4) 34 feet except in the case of a through lot when a required front yard setback 35 is clearly and physically the rear of the dwelling, an eight-foot fence will be 36 allowed, and provided further that no fence or wall may be erected closer 37 than five (5) feet to any right-of-way line, and where it is closer than ten 38 (10) feet to any right-of--way line, it shall have installed between it and the 39 right-of-way line Category I landscaping. 40 41 (1a) Fences constructed of materials generally recognized on an industry-wide 42 basis as maintenance-free, such as vinyl, may be located on a right-of- 43 way line, provided that (i) Category I landscaping shall be installed 44 immediately inside the entire length of any such fence; (ii) the height of 45 any such fence shall not exceed the limits set forkh in subsection (e)(1) 46 above; and (iii) any such fence shall be no greater than fifty (50} percent 47 opaque. 48 49 ~ Fences or walls six feet or less in height, located on corner lots may be 50 erected in the required side yard setback, substantially parallel to the right- 51 of-way line located adjacent to the side yard in line with the closest 52 corner of any nonconforming dwelling. The closest corner of the 53 nonconformin dwellin shall not include fire laces ba windows or 54 similar amenities. No such fence or wall may be erected closer than five 55 (5) feet to any right-of-way line, and where it is closer than ten (10) feet to 56 any right-of--way line, Category I landscaping shall be installed between 57 the right-of-way line and the fence. 58 59 .... 60 61 COMMENT 62 63 This amendment will allow citizens with dwellings that have a nonconforming side yard 64 setback adjacent to a street to place six foot tall fences in required side yards, as long as they are in 65 line with the corner of the dwelling and parallel to the street. The fence must be at least 5 feet from 66 the right-of-way. This will allow older dwellings which are located in the side yard setback to fence 67 their back yard, beginning at the side of the dwelling. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~,~.~. ~" Plan ing City Attorne Office CA11860 R-4 November 1, 2011 Item # 10 City of Virginia Beach An Ordinance to Amend Section 201 of the City Zoning Ordinance November 9, 2011 CONSENT An ordinance to amend Section 201 of the City Zoning Ordinance (CZO) pertaining to fences in the side yard setback. SUMMARY OF AMENDMENT This amendment will allow citizens with dwellings that have a nonconforming side yard setback adjacent to a street, to place six foot tall fences in the required side yard, as long as they are in line with the corner of the dwelling and parallel to the street. The fence must be at least 5 feet from the right-of--way. This will allow older dwellings which are located in the side yard setback to fence their back yard, beginning at the side of the dwelling. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Commission approved item 10 by consent. Karen Lasley appeared before the Commission. ~p 1 i1 ;~ <~~' t ~~ 4Vy"•". CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -ORDINANCE TO AMEND SECTION 501 - An Ordinance to amend Section 501 of the City Zoning Ordinance pertaining to recreation and amusement facilities of an outdoor nature in residential zoning district. MEETING DATE: December 6, 2011 ^ Background: The Zoning Ordinance currently allows outdoor recreation facilities in Residential Districts to have permanently enclosed components. These enclosed recreation buildings, however, cannot exceed 20% of the site and can be used only for the same recreational use that takes place outdoors. For example, an outdoor soccer complex can build an indoor field house, but it can only be used for soccer related activities. The proposed amendment will expand the uses that can be placed within the enclosed facility and allows City Council, through the conditional use process, to permit indoor activities that are not identical to those conducted outdoors. ^ Considerations: An enclosed recreation building, such as a field house, is suitable for multiple recreation uses and the impact of adding a variety of uses can be evaluated and controlled through the conditional use permit process. There was no opposition to the request. ^ Recommendations: Staff recommended approval of the proposed amendment. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. ^ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommended approval. Planning Commission recommended approval. Submitting Department/Agency: Planning Department Requested by: Councilmember Bill DeSteph 11 November 9, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND SECTION 501 OF THE CITY ZONING ORDINANCE REQUEST: An Ordinance to amend Section 501 of the City Zoning Ordinance (CZO) pertaining to recreation and amusement facilities of an outdoor nature in residential zoning districts. SUMMARY OF AMENDMENT The Zoning Ordinance currently allows outdoor recreation facilities in Residential Districts to have permanently enclosed components. These enclosed recreation buildings, however, cannot exceed 20% of the site and can be used only for the same recreational use that takes place outdoors. For example, an outdoor soccer complex can build an indoor field house, but it can only be used for soccer related activities. The proposed amendment will expand the uses that can be placed within the enclosed facility and allows City Council, through the conditional use process, to permit indoor activities that are not identical to those conducted outdoors. RECOMMENDATION Staff recommends approval of the proposed amendment. An enclosed recreation building, such as a field house, is suitable for multiple recreation uses and the impact of adding a variety of uses can be evaluated and controlled through the conditional use permit process. CITY OF VIRGINIA BEACH-.Section 501 Agenda Item 11 Page 1 REQUESTED BY COUNCILMEMBER WILLIAM R. DESTEPH 1 AN ORDINANCE TO AMEND SECTION 501 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO RECREATION AND 4 AMUSEMENT FACILITIES OF AN OUTDOOR 5 NATURE IN RESIDENTIAL ZONING 6 DISTRICTS 7 8 Section Amended: § 501 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 501 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 ARTICLE 5. -RESIDENTIAL DISTRICTS 20 21 .... 22 Sec. 501. -Use regulations. 23 (a) Principal and conditional uses. The following chart lists those uses permitted within 24 the R-40 through R-2.5 Residential Districts. Those uses and structures in the 25 respective residential districts shall be permitted as either principal uses indicated 26 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by 27 an "X" shall be prohibited in the respective districts. No uses or structures other 28 than as specified shall be permitted. 29 Uses Residential Districts R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S Recreation and C C C C C C C C C amusement facilities of an outdoor nature other than those specified as principal uses, which may be partially or temporarily enclosed on a seasonal basis, with the approval of city council, except that riding academies and recreational campgrounds shall not be allowed. Such facilities may include permanently enclosed components, provided such components do not exceed a total of twenty (20) percent of the area encompassed by the conditional use permit and the activities conducted therein are identical to those conducted outdoors or specifically permitted by the conditional use ep rmit 30 COMMENT 31 This amendment will expand the uses that can be placed at a recreation or amusement 32 facility of an outdoor nature which are enclosed. It will allow City Council, through the conditional 33 use process, to permit indoor activities that are not identical to those conducted outdoors. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 36 of , 2011. APPROVED AS TQ CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /t ,,~. !. 1 .~~ . ,/. Planning City Attorney's Office CA12047/R-1 September 28, 2011 Item # I I City of Virginia Beach An Ordinance to Amend Section 501 of the City Zoning Ordinance November 9, 2011 CONSENT An ordinance to amend Section 501 of the City Zoning Ordinance (CZO) pertaining to recreation and amusement facilities of an outdoor nature in residential zoning districts. SUMMARY OF AMENDMENT The Zoning Ordinance currently allows outdoor recreation facilities in Residential Districts to have permanently enclosed components. These enclosed recreation buildings, however, cannot exceed 20% of the site and can be used only for the same recreational use that takes place outdoors. For example, an outdoor soccer complex can build an indoor field house, but it can only be used for soccer related activities. The proposed amendment will expand the uses that can be placed within the enclosed facility and allows City Council, through the conditional use process, to permit indoor activities that are not identical to those conducted outdoors. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYF, RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Commission approved item l 1 by consent. Karen Lasley appeared before the Commission. ~~ ~~~ ~~"~~: ;~ s~l~ ~ 5j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -ORDINANCE TO AMEND SECTION 503 - An Ordinance to amend Section 503 of the City Zoning Ordinance pertaining to height regulations for public schools in residential districts. MEETING DATE: December 6, 2011 ^ Background: Currently, Virginia Beach Public Schools is building multi-story school buildings as older public schools are demolished and new schools are rebuilt on the same sites. These multi-story schools are more efficient and allow for larger square footage on a smaller footprint, leaving more space for outdoor activities. Because public schools are frequently located in Residential Districts where the maximum height is 35', height variances are required. The proposed amendment raises the maximum height for public schools in the Residential Districts from 35' to 70'. ^ Considerations: More multi-storied public schools are being constructed in Residential Districts and height variances to accommodate them are needed. When a certain type of variance starts to become recurring in nature, an amendment to the zoning ordinance should be considered. There was no opposition to the request. ^ Recommendations: Staff recommended approval of the proposed amendment. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. ^ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommended approval. Planning Commission recommended approval. Councilmember DeSteph has asked that this item be deferred indefinitely. Submitting DepartmentlAgency: Planning Department Requested by: Councilmember Bill DeSteph 12 November 9, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND SECTION 503 OF THE CITY ZONING ORDINANCE REQUEST: An Ordinance to amend Section 503 of the City Zoning Ordinance (CZO) pertaining to height regulations for public schools in residential districts. SUMMARY OF AMENDMENT Currently, Virginia Beach Public Schools is building multi-story school buildings as older public schools are demolished and new schools are rebuilt on the same sites. These multi-story schools are more efficient and allow for larger square footage on a smaller footprint, leaving more space for outdoor activities. Because public schools are frequently located in Residential Districts where the maximum height is 35', height variances are required. The proposed amendment raises the maximum height for public schools in the Residential Districts from 35' to 70'. RECOMMENDATION Staff recommends approval of the proposed amendment. More multi-storied public schools are being constructed in Residential Districts and height variances to accommodate them are needed. When a certain type of variance starts to become recurring in nature, an amendment to the zoning ordinance should be considered. CITY OF VIRGINIA BEACH -Section 503 Agenda Item 12 Page 1 REQUESTED BY COUNCiLMEMBER WILLIAM R. DESTEPH '! AN ORDINANCE TO AMEND SECTION 503 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO HEIGHT REGULATIONS 4 FOR PUBLIC SCHOOLS IN RESIDENTIAL 5 DISTRICTS 6 7 Section Amended: § 503 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 503 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 5. -RESIDENTIAL DISTRICTS 19 20 .... 21 Sec. 503. -Height regulations. 22 The following shall constitute the maximum height requirements for all structures 23 within all Residential Districts. 24 25 (a) Except as provided in subsection {b), the maximum height for all buildings and 26 structures shall be thirty-five (35) feet. 27 28 (b) The maximum height for single-family dwellings within the R-40, R-30, R-20 or 29 R-15 Residential District in subdivisions of ten {10) or more lots created after 30 the date of adoption of this subsection shall be forty-two (42) feet. 31 32 (c) The maximum height for public schools within all Residential Zoning Districts 33 shall be seventy (70) feet. . 34 35 4s} Notwithstanding the above, no building or other structure shall exceed the 36 height limit established by section 202(b) regarding air navigation. 37 38 COMMENT 39 40 Public schools are frequently required to fit on smaller parcels as they are updated by 41 the School Board. As such, they are forced to become higher, rather than to be single story as they 42 were previously. This requires greater heights for such uses in the Residential Zoning Districts, 43 where they are frequently located. This amendment is at the request of Councilmember William R. 44 DeSteph. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 of , 2011. APPROVE AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIEN Y: t anni City Attorney's Office CA12048 R-1 September 28, 2011 N~' ~c S .~ "~~,~ ((}COQ fU ri! ~~ ~f L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -VIRGINIA AQUARIUM & OWLS CREEK AREA MASTER PLAN- An Ordinance to amend the Comprehensive Plan by Adopting the Virginia Aquarium & Owls Creek Area Master Plan, November, 2011, and revise the Policy Document. MEETING DATE: December 6, 2011 ^ Background: The City began a ten month planning process to prepare a master plan for the Aquarium and Owls Creek Area. The study defines a twenty year plan for the Virginia Aquarium and Owls Creek Area connecting the site as it relates to the theme of marine science in Virginia Beach. The elements of this master plan incorporate the following six main focus areas: Recreation, Research and Technology, Education, Entertainment, Economic Development and Exhibits. These focus areas have been integrated into the plan to create a place that embodies the charm of Virginia Beach and leaves a legacy of preservation that can be embraced by future generations. ^ Considerations: The Virginia Aquarium & Owls Creek Area Master Plan is the result of an extensive public participation process involving residents in the area, property owners, the business community, environmentalists, City and other stakeholders. The document is intended to encourage development or redevelopment of regional significance by preserving existing community and heritage, protecting the natural environment, facilitating a mix of land uses, encouraging transportation connectivity, enhancing the character, providing incentives for quality development and giving definition to the Aquarium and Owls Creek Area. There was no opposition to the request. ^ Recommendations: Staff recommended adoption of this master plan. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. City of Virginia Beach -Aquarium & Owls Creek Area Master Plan Page 2 of 2 ^ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommended approval. Planning Commission recommended approval. Submitting Department/Agency: Planning Department / City Manager: ~ ~ • ~~~ 14 November 9, 2011 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO THE COMPREHENSIVE PLAN -VIRGINIA AQUARIUM & OWLS CREEK AREA MASTER PLAN REQUEST: An Ordinance to amend the Comprehensive Plan by Adopting the Virginia Aquarium & Owls Creek area Master Plan, November, 2011, and revise the Policy Document. SUMMARY OF AMENDMENT The City began a ten month planning process to prepare a master plan for the Aquarium and Owls Creek Area. The process involved extensive public participation and was guided by committees comprised of stakeholders, representatives of the community and staff. The study defines a twenty year plan for the Virginia Aquarium and Owls Creek Area connecting the site as it relates to the theme of marine science in Virginia Beach. The elements of this master plan incorporate the following six main focus areas: Recreation, Research and Technology, Education, Entertainment, Economic Development and Exhibits. These focus areas have been integrated into the plan to create a place that embodies the charm of Virginia Beach and leaves a legacy of preservation that can be embraced by future generations. The attached amendments revise the Comprehensive Plan accordingly and direct the reader to the Comprehensive Plan's online Document Library for a full copy of the Virginia Aquarium & Owls Creek Area Master Plan. RECOMMENDATION The Virginia Aquarium & Owls Creek Area Master Plan is the result of an extensive public participation process involving residents in the area, property owners, the business community, environmentalists, City and other stakeholders. The document is intended to encourage development or redevelopment of regional significance by preserving existing community and heritage, protecting the natural environment, facilitating a mix of land uses, encouraging transportation connectivity, enhancing the character, providing incentives for quality development and giving definition to the Aquarium and Owls Creek Area. Staff recommends adoption of this master plan. CITY OF VIRGINIA BEACH -AQUARIUM & OWLS CREEK AREA MASTER PLAN Agenda Item 14 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY ADOPTING THE VIRGINIA AQUARIUM AND OWLS CREEK AREA MASTER PLAN, NOVEMBER 2011 AND REVISE THE POLICY DOCUMENT WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; WHEREAS, the Virginia Aquarium and Owls Creek Area Master Plan, November 2011, has been developed with extensive input from the community and all stakeholders; WHEREAS, there are several revisions that are necessary to bring the adopted Comprehensive Plan into conformity with the Virginia Aquarium and Owls Creek Area Master Plan, November 2011; and WHEREAS, the Virginia Aquarium and Owls Creek Area Master Plan, November 2011, and the attached revisions to the Policy Document should be adopted as part of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, amended and reordained by: 1. The adoption of the Virginia Aquarium and Owls Creek Area Master Plan, November 2011. Such document is made a part hereof, having been exhibited to the City Council and is on file in the Department of Planning; and 2 The revision of the Policy Document, pertaining to the Virginia Aquarium and Owls Creek Area Master Plan, November 2011, as shown on the attached document entitled "Comprehensive Plan Policy Document Revisions, Chapter 1: Introduction-Comprehensive Plan Map, Chapter 3: Suburban Area-Suburban Focus Area 4--Virginia Aquarium & Owls Creek Master Plan, November 2011." Such document is made a part hereof, having been exhibited to the City Council and is on file in the Department of Planning. COMMENT The ordinance amends the Comprehensive Plan by the adoption of the Virginia Aquarium and Owls Creek Area Master Plan, November 2011. The current provisions of the Comprehensive Plan pertaining to this area are revised to reflect the adoption and relevant provisions of the Master Plan. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2011. APPROVED AS TO CONTENT Plannin apartment CA12045 R-4 October 25, 2011 APPROVED AS TO LEGAL SUFFICI NCY: ~. City A orney's Once DRAFT -Comprehensive Plan Policy Document Revisions Chapter 1: Introduction -Comprehensive Plan Map Chapter 3: Suburban Area -Suburban Focus Area 4 -Virginia Aquarium & Owls Creek Master Plan, November 2011 (Page 1-10, Comprehensive Plan Map revised) u Clly d VfrpinW Beach ce.p.~.~.N.rr~ n»~.o~ak eai v„~~ .., .. ~~ _~l-.:d, L i, , ~ 2 . e , 1 ` ,~ , ,. ~~~ J ~! ,. , 4M'ux h h ~ ~ ''~ t ' .`-~ - - -. , ~ ~, 1, 1 ~ ati.v.-_~.. w.. ~x... - .:. ~ i e • i. e..+~. rug.. r~d~.. ~rr Fo..., ~... iao.v .~ ~ ~'~~ p r+.... .... ~ ww~. O~- -..N..... ..r... ~a, r .._.._.. ~ a+ iC a ~~~ Nart~ CaroNna Comprehensive Plan Map 1 (New Map) (Pages 3-14 through 3-18, Policy Document: Text to be deleted is shown as °~~~~~.. Text to be added is underlined.) 2 SFA 4 ntnaTU rGniGani RnnTU Rni n Gvnan VIRGINIA AQUARIUM ANA OWLS CREEK AREA (New Map) DESCRIPTION The Virginia Aquarium and Owls Creek area is generally bound by Norfolk Avenue. General Booth Boulevard and South Birdneck Road. This area has great potential to be a national example of sustainable growth and economic development feared towards environmental preservation. 3 With a vision s>~ported by the com munity The Virg inia Aquarium a nd Owls Creek Area Mast er Plan available at www ourfu turevb com enc ourages develop ment or redevelopment of re gional significance b~preservin g existing community and herita ee, protecting the natu ral environment facilitating a m ix of connectivi ty enhancing the character. and prov iding incentives for quality deve lopment The d evelopment is c oncentrated in four . area s• The Virginia Aquarium and R esearch Area M arina District. Re search Center at Owls Cree Dev k Point and Marshview Propert elopment proposals resulting fro y and the Entert m the plan are ainment and Education Area. to be compliant with Citv regulations and policies regarding AICUZ and APZ impacted develop ment. nT?Pn~nnnr oni ~rTGc AT.,. 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The master plan for the aquarium area includes: - New aquarium exhibit building linked to the existing aquarium to provide additional space for exhibits, banquet facilities, and meeting rooms to position the Virginia Aquarium alongside the top tier aquariums in the world. - A research aquarium serving multiple functions diversifying the base of economic activity in the aquarium area, creating a hub of marine science and "green" research and innovation. Y The existing boat ramp will remain serving the public, the aquarium, and the green research building. A green research building will provide space for environmental and energy related research. RECOMMENDATIONS FOR THE MARINA DISTRICT The Marina District adds new residential condominium units, additional retail and restaurant space, and structured parking to replace lost surface parking and to support new infill development. A Marina Park will create a new promenade that connects into the existing trail system at Rudee Loop and creates continuous waterfront access for the general public. Aquarium Expansion - Residential towers located on top of the parking garages with impressive views of Owls Creek and the Ocean with shops and restaurants are proposed at the eastern and western ends to enhance the already successful area. - Existing restaurants and residential buildings will be maintained and enhanced with the waterfront promenade and plazas for residents and patrons. Marina Perspective ]2ECOMMENDATIONS FOR THE ]2ESEARCH CENTER AT OWLS CREEK POINT AND MARSHVIEW PROPERTY The Research Center at Owls Creek Point and Marshview Property is aloes-impact development that is a supportive extension of the research complex located primarily in the Aquarium area. This development includes additional research space and research- oriented conferencing and symposia space. - A natural setting for research, learning laboratories, and small research-oriented meetings and events to attract a niche audience. - The trail system links to the overall trail system throughout the nature park on the Marshview property. - The property will offer nearby residents amenities including open nature trails, lookout-towers, boardwalks, open play recreational fields, and possibly a dog park. 10 RECOMMENDATIONS FOR THE ~NTERTAINMENTAND EDUCATION CENTER The Entertainment and Education Center includes expansion space for existing attractions, creates new indoor and outdoor attractions, and introduces retail, restaurant and entertainment space to comprise amixed-use leisure and entertainment destination. - The Entertainment Village expands the existing Motor World and Ocean Breeze areas to offer additional rides and one continuous entertainment village at the core of the area with retail and restaurants. ~ The prominent corner of General Booth Boulevard and South Birdneck Road will be a continuation of the retail, restaurant and entertainment with high exposure. - An outdoor adventure park geared toward the adrenalin seeking visitors with a zip line and high ropes course, will create a unique opportunity through the Aquarium to get visitors immersed in the natural beauty of the area. ~ The Coastal Pavilion expansion offers more exhibits relating to the coastal environment. Y Seatack Elementary will remain with an increased natural buffer and a dedicated pathway connecting the school to the Coastal Pavilion for possible joint learning programs. 11 Owls Creek Point Research Center ~ rX s ~ - ~ p ,.,-~ T~ i 1 .~ m , .. ~ w .- - . rt• ~~w ~ ~ . ~ ~.~ , ;s~ i a # „' s Owls Creek Entertainment Village SFA4.~4_1 GENERAL BOOTH CAMPGROUNDS ~ - ~~ 5 ~- f-. ~ R~RpNECI( RP ==~d .. • ~ RI.'/ t lE y 4 ~ ~ + ~ ~~ ~ ;' a f d r 6 ,. y f ~ 4 u., ~~# ~q , yyS~i ; i :, ;.. r fe; . ..,{ i ~. ` ` , t~ 4 ~ .r~ ~r ~ ,_ ~ ~„ ~ ~> ~ ~~ . ~ ~~ ~ , ~. ~ ~~ ~ ~ . o ,,,~ x o, ~ o.. A ,~:,,_ ,~~.. fis,A (New Map) DESCRIPTION The Holiday Trav-L Park is located on the west side of General Booth Boulevard and the KOA Campground on the east side. Both offer outdoor recreational activities for citizens and visitors of Virginia Beach and complement our City's recreational programs and the resort hospitality industry. 12 RECOMMENDATIONS FOR THE GENERAL BOOTH CAMPGROUNDS - The existing campgrounds offer outdoor recreational activities for both citizens and visitors of Virginia Beach and are appropriate uses for these sites. - Where consistent with AICUZ policy, alternate uses may include attractive, high quality, and low intensity: - Offices; - Resort oriented retail; - Resort oriented recreational; or - Other AICUZ compatible uses. Residential or hotel uses are not recommended for either campground site. KOA Campground 13 Item # 14 City of Virginia Beach Amendment to the Comprehensive Plan -Virginia Aquarium & Owls Creek Area Master Plan November 9, 2011 CONSENT An Ordinance to amend the Comprehensive Plan by Adopting the V irginia Aquarium & Owls Creek Area Master Plan, November, 2011, and revise the Policy Document. SUMMARY OF AMENDMENT The City began a ten month planning process to prepare a master plan for the Aquarium and Owls Creek Area. The process involved extensive public participation and was guided by committees comprised of stakeholders, representatives of the community and staff. The study defines a twenty year plan for the Virginia Aquarium and Owls Creek Area connecting the site as it relates to the theme of marine science in Virginia Beach. The elements of this master plan incorporate the following six main focus areas: Recreation, Research and Technology, Education, Entertainment, Economic Development and Exhibits. These focus areas have been integrated into the plan to create a place that embodies the charm of Virginia Beach and leaves a legacy of preservation that can be embraced by future generations. The amendments revise the Comprehensive Plan accordingly and direct the reader to the Comprehensive Plan's online Document Library for a full copy of the Virginia Aquarium & Owls Creek Area Master Plan. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THUR1\TTON AYE By a vote of 11-0, the Commission approved item 14 by consent. Lynn Clement appeared before the Commission. K. APPOINTMENTS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD PARKS and RECREATION COMMISSION PLANNING COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY COUNCIL SESSION SCHEDULE Date Time Meetin December 13, 2011 TBA Briefings, Informal Session, Formal Session January 3, 2012 TBA Back to the normal schedule