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HomeMy WebLinkAboutJUNE 12, 2012 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAMS, Rose Hall - District 3 WILLIAM R. DeSTFPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERTM DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHND.MOSS, At -Large JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER JAMES K. SPORE CITY AT IORNF. Y - MARK D. STILES C'ITYASSESSOR JF.RALDD. BANAGAN CITY AUDITOR- LYNDONS.REMIAS C17'Y CLERK RUTH HODGES FRASER, MMC I II. III IV CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL'S BRIEFING CITY COUNCIL AGENDA 12 June 2012 - Conference Room - 1. HUMAN RIGHTS COMMISSION — Annual Report Fay B. Silverman, Chair CITY COUNCIL LIAISON CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E- MAIL: Ctycncl@vbgov. cont 4:OOPM 5:00 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Albert Butzer, III Pastor, First Presbyterian 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 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. EXCHANGE OF EXCESS PROPERTY Emmanuel Episcopal Church — 5221 Princess Anne Road 2. PERSONAL PROPERTY TAX - Exemption Trust for Public Land 3. LEASE OF CITY -OWNED PROPERTY 910 Atlantic Avenue t/a Scrambled 2224 Atlantic Avenue t/a Pier 23 I. ORDINANCES/RESOLUTIONS May 22, 2012 1. Ordinances to AMEND the City Code: a. §2-5 re Virginia Beach Historic Preservation Commission b. §§ 28-70.1 and 28-8.1 re Civil Penalties re Sewer Use and Fats, Oils and Grease (FOG) 2. Ordinance to DECLARE certain parcels on Princess Anne Road as EXCESS property and AUTHORIZE the City Manager to execute all documents with Emmanuel Protestant Episcopal Church of Kempsville Trustees 3. Resolution to ENDORSE the Envision Virginia Beach 2040 Committee Report and DIRECT the City Manager pursue the focus areas in the Report 4. Resolution OPPOSING the Mining of Uranium in the Commonwealth of Virginia 5. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between the City and the Virginia Aquarium and Marine Science Center Foundation, Inc. re documenting the beneficial relationship and clarifying responsibilities of both parties 6. Resolutions re VRS Contributions to provide: a. Certification re member contributions by salary reduction b. City Council's Certification of its Employer Contribution Rate c. City Council's concurrence with the School Board's Election of a Board -Certified Rate 7. Ordinance to DESIGNATE the Trust for Public Land as EXEMPT from local Real and Personal Property Tax 8. Resolution to AUTHORIZE water and sewer service to a Lessee or Tenant without written authorization of the property owner 9. Ordinance to AMEND the FY 2012-2013 School Board Budget request to $847,516,620 with reductions in the following: a. School Technology b. Instruction c. Administration, Attendance and Health d. Transportation e. Operations and Maintenance f. City Manager's adjustment g. School Grants fund h. School Athletic Fund 10. Ordinance to AMEND the FY 2012-2013 Budget of the Department of Housing and Neighborhood Preservation re increases in appropriations: a. $ 1,239 Federal HOME Program b. $790,285 Housing Choice Program c. $324,867 HCV Portability Program 11. Ordinance GRANTING two Franchise Agreements for Open Air Cafes in the Resort Area: a. 910 Atlantic Avenue t/a Scrambled b. 2224 Atlantic Avenue t/a Pier 23 12. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $2,750 donation from Arthur and Janet Bartlett re two (2) AEDs for Police vehicles b. $490,000 from the Reserve for Contingencies within the Telecommunications Internal Service Fund re centralized bill payments J. PLANNING Application of COASTAL ENTERPRISES, LLC for a Floodplain Variance re a storage building at 601 Sandbridge Road (DISTRICT 7 - PRINCESS ANNE) MMENDATION: 2. Application of THALIA AUTOMOTIVE SERVICES, LLC/GEORGE P. CHRISTODAULIES, for a Conditional Use Permit Modification to ADD automotive repair at 4300 Virginia Beach Boulevard (Approved by City Council on January 25, 1994) (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION: APPROVAL 3. Application of KROGER LIMITED PARTNERSHIP I/SUPER HOLLAND ASSOCIATES, LLP, for a Conditional Use Permit re an automobile service (fuel sales) at 3901 Holland Road (DISTRICT 3 - ROSE HALL) RECOMMENDATION: APPROVAL 4. Application of WHEEL AND RIM REPAIR, INC. for a Conditional Use Permit re automobile repair at 3428 Chandler Creek Road (DISTRICT 3 - ROSE HALL) RECOMMENDATION: APPROVAL 5. Application of CALVARY CHAPEL for a Conditional Use Permit Modification re a church at 5230 Indian River Road (Approved by City Council on April 10, 2007) (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: APPROVAL 6. Application of MICHAEL H. NORMENT/JOAN DALIS for a Conditional Use Permit re a commercial parking lot at 3233 Pacific Avenue (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 7. Application of RICHARD DOUMMAR/BALBOA, L.L.C. for a Conditional Use Permit re a commercial parking lot at 291h Street and Pacific Avenue (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL Application of KROLL ENTERPRISES, INC. / N & K PROPERTIES, LLC AND B & W PROPERTY DEVELOPMENT, LLC for a Change of Zoning District Classification, from AG - 2 Agricultural District, AG -1 Agricultural District, R-15 Residential District, and B -1 Neighborhood Business District to Conditional R-7.5 Residential District at Nimmo Parkway and Camino Real Street (DISTRICT 7 - PRINCESS ANNE) Deferrred by City Council April 24, 2012 RECOMMENDATION: APPROVAL 9. Application of CITY OF VIRGINIA BEACH to AMEND Section 1110 of the City Zoning Ordinance (CZO) to allow certain uses as "conditional" in the PD -H1 Planned Unit Development District. RECOMMENDATION: APPROVAL K. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC. TOWING ADVISORY BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. 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 RETREAT Friday, August 3, 2012 Economic Development Conference Room 2012 CITYHOLIDAYS Wednesday, July 4 Independence Day Monday, September 3 Labor Day Monday, November 12 Veteran's Day Thursday, November 22 Thanksgiving Day Friday, November 23 Day After Thanksgiving Monday, December 24 Christmas Eve (half- day) Tuesday, December 25 Christmas Day CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 L CITY COUNCIL'S BRIEFING - Conference Room - 4:OOPM 1. HUMAN RIGHTS COMMISSION — Annual Report Fay B. Silverman, Chair II. CITY COUNCIL LIAISON III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Albert Butzer, III Pastor, First Presbyterian 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 May 22, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS EXCHANGE OF EXCESS PROPERTY Emmanuel Episcopal Church — 5221 Princess Anne Road 2. PERSONAL PROPERTY TAX - Exemption Trust for Public Land 3. LEASE OF CITY -OWNED PROPERTY 910 Atlantic Avenue t/a Scrambled 2224 Atlantic Avenue t/a Pier 23 F� V'jj J k � PUBLIC HEARING EXCHANGE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and exchange of city - owned property, Tuesday, June 12, 2012, at 6:00 P.M., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property consists of 1.53 +/- acres and is described as: (i) the balance of the former Bank of America site located at 5221 Princess Anne Road, GPIN: 1466-68- 7920 after portions are used for road improvements; (ii) adjacent residual property from the Princess Anne Road Project (the "Project") known as 405 Oakmears Crescent, GPIN 1466- 68-7745; (iii) a portion of the former shopping center site located at the SW corner of Princess Anne Road/Kempsville Road intersection, GPIN 1466-78-3815 (405 Kempsville Road), and (iv) an adjacent portion of residual Project property, GPIN 1466-78-3800. The purpose of this Hearing will be to obtain public input to determine whether the property should be declared "excess of the City's needs" and conveyed to Emmanuel Episcopal Church in settlement of litigation. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call 1-800- 828-1120 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757)385- 4161. Ruth Hodges Fraser, MMC City Clerk Beacon June 3, 2012 23068223 NOTICE OF PUBLIC HEARING Proposed Exemption from Personal Property Taxation By Designation On Tuesday, June 12, 2012 at 6:00 pm In the Council Chamber on the second floor of the City Hall building, Municipal Center, Virginia Beach, Virginia, the City Council of the City of Virginia Beach will hold a Public Hearing on an ordinance to exempt the following entity from local real and personal property taxes: The Trust for Public Land (TPL) does not currently own any property within the City of Virginia Beach. However, TPL intends to purchase property for educational and conservation purposes as part of the Pleasure House Point acquisition. The current plan is for TPL to transfer a portion of the property to the City and another portion of the property to the Chesapeake Bay Foundation (CBF). CBF was provided a tax exemption by designation from the General Assembly under prior law. The tax impact of the nine months for the property that will be transferred to CBF is between $11,570 and $21,360. A copy of the proposed ordinance is on file in the office of the City Clerk. All interested persons are welcome to appear at the Hearing and present their views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired, call Virginia Relay at 1-800- 828-1120. % Ruth�B"w"/TMMC City ClerkClerk Beacon: May 20, 2012 PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on June 12, 2012 in the City Council Chamber regarding the proposed cafe franchise leases of City -owned property located at the following locations: 910 Atlantic Avenue to Oshry Clabaugh dba Scrambled 2. 2224 Atlantic Avenue to AHATA, Inc. t/a Pier 23 The purpose of the Hearing will be to obtain public comment on the proposed leases of City property. A copy of the franchise lease agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above - referenced franchises should be directed to Rob Fries, SGA/Resort Management Office, by calling (757) 385-6641. Ruth Hodges Fraser, MMC City Clerk Beacon: June 3 & 10, 2012 1. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §2-5 re Virginia Beach Historic Preservation Commission b. §§ 28-70.1 and 28-8.1 re Civil Penalties re Sewer Use and Fats, Oils and Grease (FOG) 2. Ordinance to DECLARE certain parcels on Princess Anne Road as EXCESS property and AUTHORIZE the City Manager to execute all documents with Emmanuel Protestant Episcopal Church of Kempsville Trustees 3. Resolution to ENDORSE the Envision Virginia Beach 2040 Committee Report and DIRECT the City Manager pursue the focus areas in the Report 4. Resolution OPPOSING the Mining of Uranium in the Commonwealth of Virginia 5. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between the City and the Virginia Aquarium and Marine Science Center Foundation, Inc. re documenting the beneficial relationship and clarifying responsibilities of both parties 6. Resolutions re VRS Contributions to provide: a. Certification re member contributions by salary reduction b. City Council's Certification of its Employer Contribution Rate C. City Council's concurrence with the School Board's Election of a Board -Certified Rate 7. Ordinance to DESIGNATE the Trust for Public Land as EXEMPT from local Real and Personal Property Tax 8. Resolution to AUTHORIZE water and sewer service to a Lessee or Tenant without written authorization of the property owner 9. Ordinance to AMEND the FY 2012-2013 School Board Budget request to $847,516,620 with reductions in the following: a. School Technology b. Instruction C. Administration, Attendance and Health d. Transportation C. Operations and Maintenance f. City Manager's adjustment g. School Grants fund h. School Athletic Fund 10. Ordinance to AMEND the FY 2012-2013 Budget of the Department of Housing and Neighborhood Preservation re increases in appropriations: a. $ 1,239 Federal HOME Program b. $790,285 Housing Choice Program c. $324,867 HCV Portability Program 11. Ordinance GRANTING two Franchise Agreements for Open Air Cafes in the Resort Area: a. 910 Atlantic Avenue t/a Scrambled b. 2224 Atlantic Avenue t/a Pier 23 12. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $2,750 donation from Arthur and Janet Bartlett re two (2) AEDs for Police vehicles b. $490,000 from the Reserve for Contingencies within the Telecommunications Internal Service Fund re centralized bill payments I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ORDINANCE TO AMEND SECTION 2-5 OF THE CITY CODE, PERTAINING TO THE PURPOSE OF THE VIRGINIA BEACH HISTORIC PRESERVATION COMMISSION MEETING DATE: June 12, 2012 ■ Background: The Virginia Beach Historic Preservation Commission was created in 2008 for the purpose of "advising city council and the departments of museums and planning on all issues related to the preservation of historic buildings, structures, and sites located in the City." ■ Considerations: The proposed amendment to City Code Section 2-5 would be more specific as to the functions of the Commission by making it clear that the advice to be given by the Commission includes, but is not limited to: (1) the terms pursuant to which historic properties are acquired, leased, utilized or sold by the City, and (2) the need for, and criteria for designation of, historic and cultural overlay districts in certain areas of the City. The ordinance is being brought forward at the request of Councilmember Rosemary Wilson. ■ Public Information: No special advertising or public notice is required; the ordinance will be advertised as an ordinary agenda item. ■ Recommendations: ■ Attachments: Proposed ordinance Recommended Action: Submitting Department/Agency: Requested by Councilmember Rosemary Wilson City Manager: REQUESTED BY COUNCILMEMBER ROSEMARY WILSON 1 AN ORDINANCE TO AMEND SECTION 2-5 OF THE 2 CITY CODE, PERTAINING TO THE PURPOSE OF 3 THE VIRGINIA BEACH HISTORIC PRESERVATION 4 COMMISSION 5 6 City Code Section Amended: City Code Section 2-5 7 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH: 11 12 That Section 2-5 of the City Code, pertaining to the Virginia Beach Historic 13 Preservation Commission, is hereby amended and reordained, to read as follows: 14 15 Sec. 2-5. Historic preservation commission. 16 17 (a) There is hereby created the Virginia Beach Historic Preservation 18 Commission for the purpose of advising city council and the departments of museums 19 and historic resources and planning on all issues related to the preservation of historic 20 buildings, structures, and sites located in the City of Virginia Beach. Such advice shall 21 include but not be limited to: (1) the terms pursuant to which historic properties are 22 acquired leased utilized or sold by the City, and (2) the need for, and criteria for 23 designation of historic and cultural overlay districts in certain areas of the City. The 24 mission of the commission shall be to preserve, protect and maintain the historic identity 25 of Virginia Beach and the former Princess Anne County through a program of advocacy 26 and increased public awareness and involvement. 27 28 (b) The commission shall consist of at least nine (9), but not more than fifteen 29 (15), members, with expertise in the fields of architecture, archaeology, and history. The 30 commission shall include at least one (1) representative from the Princess Anne 31 County/Virginia Beach Historical Society. The commission also shall include two (2) 32 Virginia Beach high school students who shall be nonvoting members. The commission 33 shall interview candidates for the student membership positions and make 34 recommendations to city council, which shall make the appointments. The voting 35 members of the commission shall be appointed by the city council to serve terms of 36 three (3) years, and the student members shall be appointed to terms of one (1) year. 37 38 39 COMMENT 40 41 The amendments: (1) clarify the type of advice that the Virginia Beach Historic 42 Preservation Commission was created to provide to the City Council, Department of Museums and 43 Historic Resources and Planning Department (Lines 20-23); and (2) update the name of the 44 Department of Museums and Historic Resources (Line 19). 45 46 Adopted by the City Council of the City of Virginia Beach, Virginia on the 47 day of 12012. 48 49 CA-12284 50 R-2 51 June 5, 2012 52 53 54 55 APPROVED AS TO LEGAL SUFFICIENCY: 56 57 58 ' 59 &ak 60 City Attorney's Off1ce 61 E .r''�Nu icy 4L -� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Amending City Code Sections 28-70.1 and 28-81.1 (Civil Penalties for Violations of Sewer Use and Fats, Oils & Grease (FOG) Ordinances) MEETING DATE: June 12, 2012 ■ Background: Virginia Code amendments enacted during the 2010 General Assembly session authorized localities to assess civil penalties for violations of City ordinances concerning use of the public sewer system. That legislation authorized the locality's director of public utilities to designate the specific employees who are authorized to serve civil summons tickets for violators. ■ Considerations: The proposed amendments to Chapter 28 of the City Code authorizes the Director of Public Utilities to designate the employees that will be authorized to serve civil summons tickets for violations of the Sewer Use and Fats, Oils and Grease (FOG) Ordinances. If the proposed ordinance is adopted, the Director would then formally authorize full-time employees of the Regulatory Compliance Bureau of the Engineering Division of Public Utilities, as well as the Water Service Inspectors of the Business Division of Public Utilities, to issue civil summons tickets. A copy of the designation is attached. The proposed ordinance also designates three current violations of the FOG Ordinance to be added to the schedule of offenses that must be addressed by the use of civil penalties. The civil penalties enforcement procedures for the Sewer Use and FOG Ordinances are substantially similar to those used in the enforcement of certain zoning and property maintenance ordinances. Public Information: Public information will be provided through the normal City Council agenda process. ■ Alternatives: The proposed ordinance is necessary to designate the employees who may serve civil penalty summonses for violations of the Sewer Use and FOG Ordinances. ■ Recommendations: Adoption of the proposed ordinance is recommended, as it will allow Public Utilities the ability to enforce the provisions of the Sewer Use and FOG Ordinances through the use of civil penalties. ■ Attachments: Proposed Ordinance, draft designation by Public Utilities Director Recommended Action: Adoption of ordinance Submitting Department/Agency: Department of Public Utilities �k 014 A -J) City Manager: �, 1 AN ORDINANCE AMENDING CITY CODE SECTIONS 28- 2 70.1 AND 28-81.1 BY DESIGNATING CERTAIN 3 EMPLOYEES OF THE DEPARTMENT OF PUBLIC 4 UTILITIES TO ISSUE CIVIL SUMMONS TICKETS FOR 5 VIOLATIONS OF THE SEWER USE ORDINANCE AND 6 FATS, OILS AND GREASE ORDINANCE AND 7 DESIGNATING ADDITIONAL OFFENSES AS SCHEDULED 8 VIOLATIONS 9 Sections Amended: City Code Sections 28-70.1 and 28- 10 81.1 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: 13 14 That Sections 28-70.1 and 28-81.1 of the City Code, pertaining to violations of Article IV 15 of Chapter 28 ("Use of the Public Sewer System"), are hereby amended and reordained, to 16 read as follows: 17 18 CHAPTER 28 - SEWERS AND SEWAGE DISPOSAL 19 .... 20 ARTICLE IV. USE OF THE PUBLIC SEWER SYSTEM 21 Division 1. Sewer Use. 22 .... 23 Sec. 28-70.1. - Civil penalties; scheduled violations. 24 (a) Except for the violations specified in the Schedule of Civil Penalties set forth in 25 subsection (b), and without otherwise limiting the remedies which may be obtained under this 26 division, the si#y director may issue an order assessing a civil penalty or other monetary 27 assessment in accordance with the following provisions: 28 (1) No order assessing a civil penalty for a violation shall be issued until after 29 the alleged violator has been provided an opportunity for a hearing before 30 the director, except with the consent of the alleged violator. The notice of 31 the hearing shall be served personally or by registered or certified mail, 32 return receipt requested, on the alleged violator or his authorized 33 representative at least thirty (30) days prior to the hearing. The notice shall 34 specify the time and place for the hearing, facts and legal requirements 35 related to the alleged violation, and the amount of any proposed civil 36 penalty. At the hearing the alleged violator may present evidence, 37 including witnesses, regarding the occurrence of the alleged violation and 38 the amount of the penalty, and may examine any witnesses for the city. A 39 verbatim record of the hearing shall be made. Within thirty (30) days after 40 the conclusion of the hearing, the director shall make findings of fact and 41 conclusions of law and issue the order. 42 (2) No such order issued by the IgGality shall assess civil penalties in excess 43 of thirty-two thousand five hundred dollars ($32,500.00) per violation, not 44 to exceed one hundred thousand dollars ($100,000.00) per order, or such 45 other amount as may be allowed under Code of Virginia § 62.1-44.15 or 46 any successor statute, except with the consent of the violator. 47 (3) The actual amount of any civil penalty assessed shall be based upon the 48 severity of the violation, the extent of any potential or actual environmental 49 harm or facility damage, the compliance history of the violator, any 50 economic benefit realized from the noncompliance, and the ability of the 51 violator to pay the penalty. In addition to civil penalties, the order may 52 include a monetary assessment for actual damages to sewers, treatment 53 works and appurtenances and for costs, attorney fees and other expenses 54 resulting from the violation. 55 (4) Any civil penalty or other monetary assessment included in any such order 56 shall be payable as set forth in the order. Any unpaid balance at the time 57 payment of the civil penalty or other monetary assessment is due may be 58 collected in an action at law against the violator or included in the violator's 59 bill for sewer services and collected in accordance with sections 28-29 60 and 28-30. 61 (5) Any order issued by the Goy director, whether or not such order assesses 62 a civil penalty, shall inform the alleged violator of his right to judicial review 63 of any final order by appeal to the circuit court on the record of 64 proceedings before the director. To commence an appeal, the alleged 65 violator shall file a petition in circuit court within thirty (30) days of the date 66 of the final order, and failure to do so shall constitute a waiver of the right 67 to appeal. With respect to matters of law, the burden shall be on the party 68 seeking review to designate and demonstrate an error of law subject to 69 review by the court. With respect to issues of fact, the duty of the court 70 shall be limited to ascertaining whether there was substantial evidence in 71 the record to reasonably support such findings. 72 (b) Any violation listed in the following schedule shall subject the violator to a civil 73 penalty in the amount of one hundred dollars ($100.00) for an initial summons and one F 74 hundred fifty dollars ($150.00) for each additional summons in lieu of any other civil penalty 75 authorized by this section; provided, however, that the total amount for a series of specified 76 violations arising from the same operative set of facts shall not exceed three thousand dollars 77 ($3,000.00), as follows: 78 (1) The city director, or any full-time employee of the department of public 79 utilities designated by the director, may issue a civil summons ticket for a 80 violation. Any person summoned or issued a ticket for a violation may 81 make an appearance in person or in writing by mail to the city treasurer 82 prior to the date fixed for trial. Any person so appearing may enter a 83 waiver of trial, admit liability and pay the civil penalty established for the 84 violation. 85 (2) If a person charged with a violation does not elect to enter a waiver of trial 86 and admit liability, the violation shall be tried in the general district court in 87 the same manner and with the same right of appeal as provided for by 88 law. In any such trial, the city shall have the burden of proving by a 89 preponderance of the evidence the liability of the alleged violator. 90 (3) An admission of liability or finding of liability under this section shall not be 91 deemed an admission at a criminal proceeding, and no civil action 92 authorized by this section shall proceed while a criminal action is pending. 93 (4) Any civil penalties imposed pursuant to this subsection shall be paid into 94 the treasury of the city for the purpose of abating, preventing or mitigating 95 environmental pollution. 96 97 SCHEDULE OF CIVIL PENALTIES 98 Violation City Code Section Unauthorized roof leader connected to public sewer system 28-67(a) Unauthorized sump pump connected to public sewer system 28-67(a) Unauthorized connection to sanitary sewer allowing inflow and/or infiltration to enter the sanitary sewer system 28-67(b) Discharges to public sewer system prohibited by Section 28-66 28-66 Willfully causing damage to, obstruction of, or introduction of materials harmful to public 28-68(a) 3 sewer collection system 99 100 COMMENT 101 The amendments of a substantive nature, found in subsection (b)(1), delegate the authority to issue 102 civil summons tickets for violations of the Sewer Use Ordinance to the Director of Public Utilities or full - 103 time employees of the Public Utilities Department assigned such duties by the Director. Such delegation is 104 expressly authorized by Section 15.2-2122 of the Virginia Code. 105 The remaining amendments are stylistic in nature and have no substantive effect. 106 .... 107 Division 2. Fats, Oils and Grease (FOG). 108 .... 109 Sec. 28-81.1. - Civil penalties; scheduled violations. 110 (a) Except for the violations specified in the Schedule of Civil Penalties set forth in 111 subsection (b), and without otherwise limiting the remedies which may be obtained under this 112 division, the city director may issue an order assessing a civil penalty or other monetary 113 assessment in accordance with the following provisions: 114 115 (1) No order assessing a civil penalty for a violation shall be issued until after 116 the alleged violator has been provided an opportunity for a hearing before 117 the director, except with the consent of the alleged violator. The notice of 118 the hearing shall be served personally or by registered or certified mail, 119 return receipt requested, on the alleged violator or his authorized 120 representative at least thirty (30) days prior to the hearing. The notice shall 121 specify the time and place for the hearing, facts and legal requirements 122 related to the alleged violation, and the amount of any proposed civil 123 penalty. At the hearing the alleged violator may present evidence, 124 including witnesses, regarding the occurrence of the alleged violation and 125 the amount of the penalty, and may examine any witnesses for the city. A 126 verbatim record of the hearing shall be made. Within thirty (30) days after 127 the conclusion of the hearing, the director shall make findings of fact and 128 conclusions of law and issue the order. 129 130 (2) No order issued by the IGGality director shall assess civil penalties in 131 excess of thirty-two thousand five hundred dollars ($32,500.00) per 132 violation, not to exceed one hundred thousand dollars ($100,000.00) per 133 order, or such other amount as may be allowed under Code of Virginia § 2 134 62.1-44.15 or any successor statute, except with the consent of the 135 violator. 136 137 (3) The actual amount of any civil penalty assessed shall be based upon the 138 severity of the violation, the extent of any potential or actual environmental 139 harm or facility damage, the compliance history of the violator, any 140 economic benefit realized from the noncompliance, and the ability of the 141 violator to pay the penalty. In addition to civil penalties, the order may 142 include a monetary assessment for actual damages to sewers, treatment 143 works and appurtenances and for costs, attorney fees and other expenses 144 resulting from the violation. 145 146 (4) Any civil penalty or other monetary assessment included in any such order 147 shall be payable as set forth in the order. Any unpaid balance at the time 148 payment of the civil penalty or other monetary assessment is due may be 149 collected in an action at law against the violator or included in the violator's 150 bill for sewer services and collected in accordance with sections 28-29 151 and 28-30. 152 153 (5) Any order issued by the city director, whether or not such order assesses 154 a civil penalty, shall inform the alleged violator of his right to judicial review 155 of any final order by appeal to the circuit court on the record of 156 proceedings before the director. To commence an appeal, the alleged 157 violator shall file a petition in circuit court within thirty (30) days of the date 158 of the final order, and failure to do so shall constitute a waiver of the right 159 to appeal. With respect to matters of law, the burden shall be on the party 160 seeking review to designate and demonstrate an error of law subject to 161 review by the court. With respect to issues of fact, the duty of the court 162 shall be limited to ascertaining whether there was substantial evidence in 163 the record to reasonably support such findings. 164 165 (b) Any violation listed in the following schedule shall subject the violator to a civil 166 penalty in the amount of one hundred dollars ($100.00) for an initial summons and one 167 hundred fifty dollars ($150.00) for each additional summons in lieu of any other civil penalty 168 authorized by this section; provided, however, that the total amount for a series of specified 169 violations arising from the same operative set of facts shall not exceed three thousand dollars 170 ($3,000), as follows: 171 9 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 (1) The city director, or any full-time employee of the department of public utilities designated by the director, may issue a civil summons ticket for a violation. Any person summoned or issued a ticket for a violation may make an appearance in person or in writing by mail to the city treasurer prior to the date fixed for trial. Any person so appearing may enter a waiver of trial, admit liability and pay the civil penalty established for the violation. (2) If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. In any such trial, the city shall have the burden of proving by a preponderance of the evidence the liability of the alleged violator. (3) An admission of liability or finding of liability under this section shall not be deemed an admission at a criminal proceeding, and no civil action authorized by this section shall proceed while a criminal action is pending. (4) Any civil penalties imposed pursuant to this subsection shall be paid into the treasury of the city for the purpose of abating, preventing or mitigating environmental pollution. SCHEDULE OF CIVIL PENALTIES Violation City Code Section Failure to maintain cleaning and maintenance records 28-78(f)(1) Failure to maintain yellow grease disposal records 28-78(f)(2) 196 197 Failure to maintain certified employee with completed grease control device training 28-76(d) LU Failure to register grease control device(s) 28-76 Failure to use certified grease hauler for grease control device over rated over 50 gallons per minute 28-78(c)(6) Failure to properly maintain grease control device 28-78(c) Failure to allow inspection of grease control device 28-78(e) Unauthorized use of additives including but not limited to products that contain solvents 28-78 (c)(5) emulsifiers, surfactants, caustics, acids, enzymes or bacteria Failure to have grease a control device or devices meeting all applicable requirements of the 28-78(a) Virginia Uniform Statewide Building Code Failure to make required modification or repair to grease control device 28-80 COMMENT 199 The amendments of a substantive nature, found in subsection (b)(1), delegate the authority to issue 200 civil summons tickets for violations of the Fats, Oils and Grease (FOG) Ordinance to the Director of 201 Public Utilities or full-time employees of the Public Utilities Department assigned such duties by the 202 Director. Such delegation is expressly authorized by Section 15.2-2122 of the Virginia Code. 203 204 205 206 207 208 209 210 211 In addition, three existing violations were added to the Schedule of Civil Penalties, thereby requiring that they be addressed by means of civil summons tickets. The remaining amendments are stylistic in nature and have no substantive effect. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of .2012. CA -12288 R-2 212 May 30, 2012 213 214 215 Approved as to Legal Sufficiency Approved as to Content To: James K, Spore, City Manager David L. Hansen, Deputy City Manager From: Thomas M. Leahy, Public Utilities Director Re: Enforcement of Sewer Use and Fats, Oils and Grease (FOG) Ordinances (City Code Chapter 28, Article IV) Pursuant to the authority conferred upon the Director of the Department of Public Utilities by City Code Sections 28-70.1 and 28-81.1, 1 hereby designate the full-time employees having the following positions with the Department to issue civil summons tickets for any violation listed in the Schedules Of Civil Penalties set forth in Sections 28-70,1 or 28-81.1 of the City Code, or any successor ordinance, and to undertake all actions necessary or advisable in pursuance of the issuance of such civil summons tickets: Regulatory Compliance Bureau: Engineer V Engineering Aide 11 Engineer III Engineer 11 Engineer I Special Projects Coordinator Engineering Aide I Engineering Tech III Business Division: Water Service Inspector I Water Service Inspector 11 Date cc.- Mark S. Stiles, City Attorney Engineering Aide III Engineering Tech I Engineering Tech 11 Code Inspector I Code Inspector 11 Code Inspector III Director, Department of Public Utilities fS 1� 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring 1.53 +/- Acres of City Property located on Princess Anne Road to be in Excess of the City's Needs and Authorizing the City Manager to Execute all Disposition and Exchange Documents with the Trustees of the Emmanuel Protestant Episcopal Church of Kempsville. MEETING DATE: June 12, 2012 ■ Background: The City of Virginia Beach (the "City") is constructing the Princess Anne Road/Kempsville Road Intersection Improvements Project, CIP 2-048 (the "Project"). The Emmanuel Protestant Episcopal Church of Kempsville (the "Church") is the owner of certain real property and improvements known as 5181 Princess Anne Road, Virginia Beach, Virginia. As a result of the Project, it was necessary for the City to file a Certificate of Take in the Circuit Court of the City of Virginia Beach (the "Court") for the purposes of acquiring 24,664 Sq. Ft. (0.566 Acres) for right-of-way; 1,513 Sq. Ft. (0.035 Acres) for a permanent utility easement for Verizon, Inc.; and 5,802 Sq. Ft. (0.134 Acres) for temporary construction easements from the Church (the "Church Property"). The City deposited funds with the Court in the amount of $852,716, representing the estimated value of just compensation for the Church Property. The City filed a legal action to resolve the just compensation to be paid for the Church Property, which case is styled: City of Virginia Beach v. Trustees of Emmanuel Protestant Episcopal Church of Kempsville Case No.: CL10-2613 (the "Litigation"). The Church opposed the City's efforts to acquire the Church Property and claimed damages related to the acquisition. Further, as a part of the Project, it was necessary for the City to acquire property located on Princess Anne Road from various owners and further shown on the attached map. The City only needed a portion of the originally acquired parcels for the Project, which left approximately 1.53 +/- acres as residual property (the "City Property"). In an effort to resolve the Litigation, the Church and the City propose an exchange. Fulfillment of the following terms will allow a full and final settlement of the condemnation matter: • The Church will convey to the City the Church Property by executing all documents associated with the conclusion of the Litigation • The Church will convey to the City an additional 250 square feet of its property to the City, shown on the attached map as Parcel E • The City will convey to the Church the City Property, annotated as Parcels A, B, and C as shown on the attached map • The City will pay an additional $250,000 to the Church • The City will demolish the commercial building currently situated on Parcel C of the City Property • The City shall retain all necessary easements for the Road Project and its related infrastructure in accordance with the plans for the Project on file in the Public Works Engineering Department. • Upon completion of the Project, the City will petition City Council to close the portion of Old Princess Anne Road along the remainder of the Church Property as shown on the attached map as Parcel D, so the closed area may be added to the Church property. This road closure will require future action by City Council. Staff cannot finalize the proposed settlement unless City Council deems it appropriate to declare the City Property excess and authorizes the exchange of that property to the Church as detailed above. ■ Considerations: The exchange outlined above will resolve the Litigation between the Church and the City. It will also allow the Church to continue its operations after the construction of the Project and alleviate any adverse impacts from the Project. ■ Public Information: Advertisement for public hearing as required by Section 15.2••1800 Code of Virginia and advertisement of City Council Agenda. ■ Alternatives: Approve the request as presented, deny the request, or aaa desired by Council. If City Council chooses not to declare the excess and authorize the exchange, the Litigation must go to trial. conditions as City Property ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the property subject to the terms and conditions in the attached document entitled "Agreed Settlement terms from Mediation on May 7, 2012" and such other terms, conditions or modifications as may be satisfactory to the City Council. ■ Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Approval of the Ordinance Submitting Department/ ency: Public Works/Real Estate a"c` (� City Manage. , \\vbgov.com\dfsl\applica ons\ itylawprod\ com32\4tc!dN06\p014\00019643.doc I AN ORDINANCE DECLARING 1.53 +/- ACRES OF CITY 2 PROPERTY LOCATED ON PRINCESS ANNE ROAD TO BE IN 3 EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE 4 CITY MANAGER TO EXECUTE ALL DISPOSITION AND 5 EXCHANGE DOCUMENTS WITH THE TRUSTEES OF THE 6 EMMANUEL PROTESTANT EPISCOPAL CHURCH OF 7 KEMPSVILLE. 8 9 WHEREAS, the City of Virginia Beach (the "City") is improving the Princess Anne 10 Road and Kempsville Road Intersection (CIP 2-048) (the "Project"); 11 12 WHEREAS, as part of the Project, the City needed property from Emmanuel 13 Protestant Episcopal Church of Kempsville (the "Church") located at 5181 Princess 14 Anne Road; 15 16 WHEREAS, the City acquired 24,664 sq. ft. of the Church's property and 7,315 17 sq. ft. of easements by Certificate of Take filed in the amount of $852,716; 18 19 WHEREAS, the acquisition resulted in litigation with the Church over the value of 20 the acquired property and damages to the remaining lands of the Church (the 21 "Litigation"); 22 23 WHEREAS, in an effort to resolve the Litigation, the Church and the City 24 propose an exchange of property as part of an overall settlement of the condemnation 25 matter; 26 27 WHEREAS, the City is the owner of those certain parcels comprising 1.53+/- 28 acres of land located on Princess Anne Road, and shown on Exhibit A (attached hereto 29 and made a part of this Ordinance) as Parcels A, B, and C (collectively, the "City 30 Property"), which is residual area from property acquired for the Project and is not 31 needed for public purposes; 32 33 WHEREAS, the Church owns an additional 250 sq. ft. of land shown as Parcel E 34 on Exhibit A (the "Additional Church Property"), which the City will acquire in order to 35 provide assemblage with other City property; 36 37 WHEREAS, the City Council finds that it is in the best interests of the City to 1) 38 declare the City Property excess of the City's needs and exchange the City Property for 39 the Additional Church Property; 2) pay the Church an additional $250,000; 3) take other 40 action in accordance with the document entitled "Agreed Settlement Terms from 41 Mediation on May 7, 2012", attached hereto as Exhibit B and incorporated herein; and 42 43 WHEREAS, the City Council is of the opinion that the City Property is in excess 44 of the City's needs. 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 47 VIRGINIA BEACH, VIRGINIA: 48 49 That the 1.53 +/- acres of property located on Princess Anne Road, and shown 50 on Exhibit A as areas marked Parcels A, B, and C, is hereby declared to be in excess of 51 the needs of the City of Virginia Beach and that the City Manager is hereby authorized 52 to execute any documents necessary to convey the City Property to the Trustees of the 53 Emmanuel Protestant Episcopal Church of Kempsville, provided such documents are in 54 substantial conformity to the terms set forth in Exhibit B, and such other terms, 55 conditions or modifications deemed necessary and sufficient by the City Manager and in 56 a form deemed satisfactory by the City Attorney. 57 This Ordinance shall be effective from the date of its adoption. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 60 of , 2012. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT �ublic Works/Real Estate lsz Q CA12165 \\vbgov.com\dfsl \applications\cilylawprod\cycom32\wpdocs\d016\p014\00019646 AM R-1 June 4, 2012 APPROVED AS TO LEGAL SUFFICIENCY City to 's Offi w L) z z w 0 0 pOOpppOpOpO - � ' \\ U vi W a W CL 0 r_ a � a LL � N = O V Ln Z N W a � W a LL �S L M c Q •OD N CM WURT I � \\ U vi W a W CL 0 r_ a � a LL � N = O V Ln Z N W a � W LL LL LL LL LL M N N IA LA O O O O - C 0► tp O� � � r F1 Doc c lul 0 a t L tA O V I � O L UJ N � CJ Q Q C O U L L L a JA t Q Q Q Q Q Ln LL LL LL LL LL M N N IA LA O O O O - C 0► tp O� � � r F1 Doc c lul 0 EXHIBIT B TO ORDINANCE Agreed Settlement Terms from Mediation on May 7 2012 THIS AGREEMENT, made this 7th day of May, 2012, is entered into between the City of Virginia Beach, a municipal corporation of Virginia, (the "City") and EMMANUEL PROTESTANT EPISCOPAL CHURCH OF KEMPSVILLE (the "Church"). Recitals: R-1. The Church is the record owner of certain real property and improvements known as 5181 Princess Anne Road, Virginia Beach, Virginia (GPIN: 1466-78-0837). R-2: The City has filed Certificate No. 1719 in the Circuit Court of the City of Virginia Beach (the "Court") for the purposes of acquiring 24,664 Sq. Ft. (0.566 Acres) for right-of-way; 1,513 Sq. Ft. (0.035 Acres) for a permanent utility easement for Verizon, Inc.; and 5,802 Sq. Ft. (0.134. Acres), for temporary construction easements (the "Property") located on 5181 Princess Anne Road, pursuant'to its power of eminent domain, in connection with the Princess Anne Road / Kempsville Road Intersection Improvements Project, CIP 2-048. R-3. The City deposited funds with the Court in the amount of $852,716.00 ("Deposited Funds"), representing the estimated value of just compensation for the Property to be acquired, and the Church withdrew those funds by Court Order entered August 16, 2010. R-4 The City filed a Complaint: Petition for Condemnation to resolve the just compensation to be paid for the Property, which case is pending and styled: City of Virginia Beach v Trustees of Emmanuel Protestant Episcopal Church of KemFsville, Case No.: CL10- 2613 (the "Litigation") R-5. The Church has opposed the City's efforts to acquire the Property for the amount of the Deposited Funds and has claimed damages related to the City's efforts. R-6. The City and Church met on this day to mediate the resolution of the Litigation with the Honorable Robert L. Harris, Sr. (Retired) serving as mediator, and now desire to resolve all matters in controversy between them as set forth in this Agreement. NOW THEREFORE, the City and Church have reached agreement on the terms of settlement of the Litigation as follows: 1. Property Exchange. The parties agree to an exchange of property as follows: a. From the Church: The Church agrees to i. vest title to the Property in the gly to the extent described in the Certificate No. 1719 (right-of-way to be fee simple, easements to be as described in the Certificate); and ii. convey to the City, in fee simple, approximately 250 square feet of land described as the easternmost point of the Church's parcel (the "Point"), which Point is depicted as "(250 SF)"on the exhibit entitled "Exhibit B Historic Kempsville Northwest Quadrant," dated by hand as May 7, 2012, initialed by representatives of the City and the Church, and attached hereto as Exhibit A and made a part of this Agreement (the "Settlement Exhibit"). b. From the City: In exchange for the property from the Church described in paragraph La, above, the City will convey to the Church certain property that it owns adjacent to the Church, subject to all easements and encroachments of record, as follows: i. Residual parcel ofproperty the Cily acquired from Bank of America, (`Bank of America Site") designated and described as "Residual Property to be Acquired 41,957 Sq. Ft. 0.963 Acres." on that certain plat entitled "014 Plat Showing Property to be Acquired from Virginia National Bank by the City of Virginia Beach for Princess Anne Road / Kempsville Road Intersection Improvements CIP 2-048 Virginia Beach, Virginia," which plat is recorded in the Court as Instrument No. 20100203000113230; ii. Residual parcel of property acquired by the City from Mercer Properties Two, LLC ("Reserved Pump Station Site"), designated and described as "Residual Property to be Acquired Area = 4,428 Sq. Ft. or 0.102 Acres" on that certain plat entitled "016 Plat Showing Property to be Acquired from Mears Oak Plaza LLC & Mercer 2 Properties Two, LLC by the City of Virginia Beach for Princess Anne Road / Kempsville Road Intersection improvements CIP 2-048 Virginia Beach, Virginia," which plat is recorded in the Court as Instrument No. 20091019001219680 (Bank of America Site and Reserved Pump Station Site collectively referred to as "Parcel C" on the Settlement Exhibit); iii. Portion of property the City acquired from The Runnymede Corgaoration (the "Shopping, Center Site"), which property is depicted as the yellow portion of Parcel A on the Settlement Exhibit, and consisting of approximately 19,150 square feet (0.44 Ac.) of vacant land and being a portion of the property identified as "GPIN 1466-78- 4905" on that certain plat entitled `Boundary Survey of Property Owned By The Runnymede Corporation", which plat is recorded in Map Book 292, at page 8; and iv. Portion of -property acquired by the City from Vicente and Conchita Rono, which portion is depicted as the yellow area of "Parcel B" on the Settlement Exhibit, consisting of approximately 1,500 square feet (0.03 Ac.) of vacant land. The property designated as "Parcel B" on the Settlement Exhibit is designated and described as "Residual Property to be Acquired Area 3 = 20,597 Sq. Ft. 0.473 Acres" on that certain plat entitled "018 Plat Showing Property to be Acquired from Vicente N. Rono, Jr. and Conchita N. Rono by the City of Virginia Beach for Princess Anne Road / Kempsville Road Intersection Improvements CIP 2-048 Virginia Beach, Virginia," which plat is recorded in the Court as Instrument No. 20090519000553070. The 1,500 sq. ft. portion to be conveyed will be subdivided from this residual parcel. v. The City will apply to close a portion of Old Princess Anne Road, shown as "E" on the Settlement Exhibit and the property will be conveyed to the Church (subject to necessary approvals referred to in Paragraph 11), so the property can be added to the Church property. No payment will be required for the area of the street to be closed. The street closure shall follow the City's standard street closure process, and shall be subject to any restrictions required of the Planning Commission and the City Council. 2. Payment by City. The Church shall retain the Deposited Funds, and the City shall pay to Church the additional sum of $250,000 (the "Additional Settlement Funds"). 3. Release by the Church. The Church will execute a comprehensive release, releasing the City from all claims and liabilities arising from the City's filing of Certificate No. 1719 and the filing of the Litigation. 4. Notice of Environmental Contamination. The property to be conveyed by the City may contain environmental contamination. The City has provided to representatives of the Church a report entitled "Risk Assessment for the Kempsville Shoppes Site, dated December 13, 2007 by SCS Engineers, and a report entitled "Limited Phase II and Environmental Site Assessment Addendum #2, dated April 17, 2009 relating to said contamination. The City does not promise to remediate the contamination on any lands to be conveyed, and the property will be conveyed subject to notice of contamination, without warranty. All property is to be conveyed "AS IS, WHERE IS." The City will reserve from the conveyance of the properties described in paragraph l.b. the right to monitor the lands to be conveyed, in locations to be determined before closing, for the purpose of voluntary monitoring the contamination at its sole option. The City assumes no responsibility for restrictions that may be imposed by DEQ or other state or federal environmental regulatory agency due to said contamination. 5. Subdivision. To the extent that the City property or the Church property need to be resubdivided to facilitate the conveyances described herein and to incorporate the respective properties to be exchanged into other properties owned by the parties, the City will prepare and submit one resubdivision plat, the cost of which will be paid by the City. If the Church engages any consultants to review the plat, such engagement shall be at the Church's sole cost and expense. The Church agrees to promptly review, sign and seek the signatures of any lenders and to otherwise cooperate with the City in order to facilitate such resubdivision; provided, however, that nothing herein shall require the City to include in the resubdivision any portion of the former E Bank of America site or the reserved Pump Station Site. Any resubdivision of the former Bank of America site or the reserved Pump Station Site sites shall be at the Church's sole cost and expense, unless these areas are included in the one subdivision plat the City will prepare as stated above. In the event such resubdivision has not occurred by the date the City commits to sell the balance of the Shopping Center Site to a third party, the City may at its sole option take any necessary and appropriate action to either resubdivide only the Shopping Center site and reserve the lands to be conveyed for itself, convey the entire site and assign its obligations and rights in this Agreement pertaining to the Shopping Center Site or take any other appropriate action that allows for the sale of the property and conveyance of the portions of such site described in this Agreement but requires the City to ensure the obligations herein are met. b. Conclusion of Litigation. The Church and the City agree to cooperate with each other to take all actions necessary to conclude the Litigation and to convey the lands to be exchanged and to fulfill the other obligations of this Agreement. The Church agrees that its counsel shall endorse for entry in the Litigation an order vesting title in the City ("the Final Order Vesting Title"). The Additional Settlement Funds shall be paid into Court or to counsel for the Church upon entry of the Final Order Vesting Title. The City will notify the Court as soon as possible that the matter should be removed from the trial docket, pending consummation of the settlement. 7. Entrances. Nothing in this Agreement shall require the closure of any of the following entrances: two (2) existing entrances on the Church property to Old Princess Anne Road and one (1) existing entrance on the Bank of America site to Old Princess Anne Road. 5 8. Buffer between Church Prope and the Balance of the Shopping Center Site. The City shall, to the extent practicable, install a landscaping buffer in the westernmost portion of the blue areas of Parcels A, B, and the Point, as shown on the Settlement Exhibit to visually separate the Church property from any future development on Parcels A, B, D and the Point. 9. Bank of America Building to be Demolished. The City will demolish and remove the building and drive-thru structure on the Bank of America site prior to conveyance to the Church, at the City's own cost and expense. Existing curbs and asphalt will remain. 10. BMP. The Church's stormwater drainage pond was acquired for the Project, and it had additional capacity at the time the Certificate was filed. The City agrees that the Church shall have a credit for any excess capacity it had to use toward any future development on the Church property. 11. Further Approvals. Notwithstanding any other provision herein, the parties acknowledge and agree that their respective governing bodies must approve the terms of this Agreement and undertake formal action to convey the lands to be exchanged. The conveyance of any public property is subject to procedures required by state law, including acquiescence by the Commonwealth or any of its departments, agencies or political subdivisions to the conveyances by the City described herein, and the Church must follow its required procedures for the conveyance of Church land. Nothing herein shall dictate how any elected official or Church member votes in any vote regarding the approval of this Agreement. This Agreement represents the agreement in principle resulting from mediation, but does not constitute an agreement to convey land, which shall proceed by a future formal written Exchange Agreement R and future plats to depict the lands to be conveyed, which shall not be executed until after the respective bodies have voted. Signed this ( day of 2012. EMMANUEL PROTESTANT EPI p�--OF E PSVILLE �'r a By Name: Title: Title: e��� CITY OF VIRGINIA BEACH 7 �h CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Endorse the Envision Virginia Beach 2040 Committee Report MEETING DATE: June 12, 2012 ■ Background: In January 2011, the Envision Virginia Beach 2040 Committee was appointed to study and analyze current trends and forces affecting the City. By reviewing community factors and considerations, such as the military presence, safe and stable neighborhoods, transportation corridors, quality of education, employment for future generations, agricultural reserve, cultural opportunities, recreational opportunities, and technological changes, the committee developed a Vision for Virginia Beach in 2040. The Envision Virginia Beach 2040 Committee spent over 700 volunteer hours developing a compelling, challenging, yet realistic vision of the future of Virginia Beach. This vision looks at what a "day in the life" would be like for a citizen, family or visitor to the City. This report is dated May 15, 2012, which was the date that the Committee presented it to City Council. ■ Considerations: The attached resolution provides City Council's endorsement of the vision provided by the Envision Virginia Beach 2040 Committee. In addition to its endorsement, the Council would authorize the City Manager or designee to continue the pursuit of the vision and return to Council before the end of the calendar year with a Council -appointed body to monitor the focus areas. These areas include: Connected Community; Learning Community; Diverse Community; Unique Environment; Active Lifestyle; and Thriving Economy. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution; Envision 2040 Report Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area Office * — - ---- I City Manage . `� t� 1 A RESOLUTION TO ENDORSE THE ENVISION VIRGINIA 2 BEACH 2040 COMMITTEE REPORT AND DIRECT THE 3 CITY MANAGER TO PURSUE THE FOCUS AREAS IN 4 THE REPORT 5 6 WHEREAS, in January 2011, the Envision Virginia Beach 2040 Committee (the 7 "Committee") was appointed to study and analyze current trends and forces affecting 8 our community to determine the future of Virginia Beach in 2040; and 9 10 WHEREAS, the Committee reviewed community factors and considerations, 11 such as the military presence, safe and stable neighborhoods, transportation corridors, 12 quality of education, employment for future generations, agricultural reserve, cultural 13 opportunities, recreational opportunities, and technological changes; and 14 15 WHEREAS, the Envision Virginia Beach 2040 Committee spent over 700 16 volunteer hours developing a compelling, challenging, yet realistic vision of the future of 17 Virginia Beach using an approach that looked at a "day in the life" for a citizen, family or 18 visitor; and 19 20 WHEREAS, the Envision Virginia Beach 2040 Committee report dated May 15, 21 2012, includes broad areas of focus and provides an expanded description of the 22 desired future; and 23 24 WHEREAS, the Report provides key trends shaping Virginia Beach that will need 25 to be monitored; 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA, THAT: 29 30 The City Council endorses the report dated May 15, 2012 by the Envision 31 Virginia Beach 2040 Committee as a positive and inclusive vision of the future. 32 33 BE IT FURTHER RESOLVED, THAT: 34 35 The City Manager or his designee shall return to the City Council before the end 36 of the calendar year with details for the formation of a continuing body, appointed by 37 City Council, to monitor and pursue the report's vision of the future, to communicate 38 with regional bodies, delegations, and community groups, and to pursue the report's 39 bold steps for Regionalism, Early Childhood Education, Transportation, and the Vision 40 to Action Community Coalition. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 43 , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: R-2 May 30, 2012 F • - ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT CIO O light-railRegional Alttive FarrnlyTourism V clean Technology paths S cleanobs Technologyg 0A- mal Heakiy-Wew.lkways Strong�f esa �5"Memo;able Or is Learning.OLife"longf YHi�gh-skill �region gar►� acter�takhn9 Diverse Commune facil*s in Healthy food CCS tourism .°' airport V., Multie�enera a amlyChiWen� He. succeed Re nalismAccess Wand edracatiorr leafier Efficientt O High Tech options Aftft effort Bike suceed pAsBeaches 3 co L� Committee Mission To provide a thoughtful vision for Virginia Beach in the Region to achieve by 2040 May 15, 2012 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT ENVISION VIRGINIA BEACH 2040 REPORT OUTLINE Letterfrom Co-Chairs............................................................................................. 2 Introduction........................................................................................................... 4 — Mayor's Appointment and Commission to Committee — Visioning — How to Read this document Vision— Virginia Beach in 2040............................................................................... 7 — The Committee's description of the desired future state for the City Lifein Virginia Beach in 2040................................................................................. 8 — Connected Community — Learning Community — Diversity Community — Unique Environment — Active Lifestyle — Thriving Economy Visionto Reality..................................................................................................... 21 — Bold Steps Key Trends Shaping Virginia Beach in 2040............................................................. 23 — Demographic — Technology — Environmental — Economic Appendix................................................................................................................ 29 — Current Reality ■ Summary Trends and Issues Impacting the Future ■ Opportunities/Assets ■ Challenges — Committee Process ■ Meeting/Presentation Schedule ■ Visioning Context Map 1 May 15, 2012 The Honorable William D. Sessoms, Jr., Mayor Members of the City Council Dear Honorable Mayor William Sessoms and City Councilmembers: Over the last 16 months, we have had the privilege of leading the City's visioning initiatives. We arrived in these roles with vastly different backgrounds, experiences and perspectives. Interestingly, those differences proved to be advantageous in our visioning efforts. While our backgrounds differed, we were unified in our belief that the future of Virginia Beach and the region is bright. We would be remiss if we did not thank you and the council for this opportunity. Your charge was simple yet profound: "Assemble a talented and diverse group of thoughtful leaders, seek input from the community and come up with a compelling vision of what our city should be 28 years from now." In other words, what would a "day in the life" be like for a citizen, family or visitor in our city in the year 2040. First, the assembled group was first rate. Collectively and individually they were committed to creating a vision where citizens and visitors alike, could thrive, prosper and enjoy a vibrant abundant life. For their efforts, we thank each of them for their selfless service and commitment to the city and region. Second, the group went to great lengths to gather facts from various segments within the community. Not only were our bi-monthly meetings open to the public, but we also held an open forum where we engaged the community on major trends and issues affecting us over the next 30 years. Throughout this process, various City departments proved invaluable in assisting the committee with critical insights, statistics and trending data. Third, and most importantly, the group completed the task of offering a compelling, challenging, yet realistic vision of the future of Virginia Beach. And while our focus was not on how we would achieve this vision, we felt it was imperative that we highlight a series of bold steps that have to be accomplished if we are to realize the vision. Lastly, we would be remiss if we did not especially thank the City Manager Jim Spore, Steve Herbert, Barry Frankenfield, Kathy Hevey, Charleen Cooper, Linda Stephenson, and Ron Berkebile for the superb administrative and logistical support they provided to the committee. Without their professionalism and expertise, our efforts would not have been successful. In closing, it is our hope and desire that the city council share our excitement about how this vision will transform our city. We believe the council's adoption and imJon tion of this VISION will create one of the greatest cities in the world. Sincerely, �` /171 Gary McCollum, Co -Chair albon, Co -Chair Senior Vice President and General Manager President and CEO COX Communications PAPCO, Inc. ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Report Respectfully Submitted by the Envision Virginia Beach 2040 Committee Gary McCollum, Co -Chair Senior Vice President and General Manager COX Communications Georgia Allen, President NAACP, Virginia Beach Branch Naomi Estaris, Co -Owner and COO The Travel Outlet Tim Stiffler, President Afton Hospitality Management Aubrey Layne, President Great Atlantic Real Estate Rob Goodman, Attorney Kaufman and Canoles Ed Hamm, President E. L. Hamm and Associates, Inc. John Malbon, Co -Chair President and CEO PAPCO, Inc. Dr. Deborah DiCroce, President and CEO Hampton Roads Community Foundation Paul Hirschbiel, President Eden Capital, LLC Don Horsley, Farmer Land of Promise Farms Bert Reese, Senior Vice Present and CIO Sentara Healthcare Daniel Edwards Virginia Beach School Board Megan Paraiso ODU Graduate City Staff Support Barry Frankenfield, SGA Department Charleen Cooper, SGA Department Linda Stephenson, SGA Department Ron Berkebile, SGA Department Kathy Hevey, Organization Development Office Technical Support Jeff Barba, Communications and Information Technology Corey Sullivan, Communications and Information Technology Central Library Research Staff Media and Communications Staff 3 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT INTRODUCTION Mayor's Appointment January 11, 2011, the Mayor appointed a 13 -member citizen visioning group to study and analyze current trends to determine the future of Virginia Beach in 2040. Where are we now, where will we be, where do we want to be? Driving factors encompassed economic development, military presence, modes of transportation, safe and stable neighborhoods, transportation corridors, quality of education, employment for future generations, agriculture reserve, urban and cultural opportunities, recreation, environmental preservation, etc. The first phase of the Committee's work was understanding the forces affecting our community and the future. The Committee received presentations by experts and leaders on finance, comprehensive planning, cultural resources, economic development, education, housing, military presence, parks and recreation, travel and tourism, transportation, demographics, etc. Simultaneously, the group conducted several Committee workshops, building a context map used for launching their visioning process. This work populated the assumptions and trends that will most impact the City's future. The goal of the Committee was to create a compelling vision for the future that people will support and embrace. 4 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Visioning Visioning is a process of determining a preferred future that draws on the values of the community and hopes for the future. It provides a shared image of life 15 to 25 years forward. "It comes from the future and informs and energizes the present."1 A community vision focuses on people and their quality of life. It creates a mental picture that inspires and challenges by describing real results and reflecting the highest standards for the community. A vision emphasizes the community's unique qualities and provides a direction and motivation for change. A vision is necessary to navigate through a rapidly changing world. It focuses on long term outcomes versus fixing a current issue/problem and surfaces the most significant trends that will impact the future. It provides a context for strategic planning, policy development, resource allocation, decision-making, and marketing. A community vision does not articulate specific steps or goals on how to achieve it. It provides the focus on the shared destination and serves as a guide for creating plans and establishing goals and objectives. Goals are specific, targeted things you want to achieve. They are the bridge from where we are today and the vision becoming reality. Goals and objectives are the incremental steps and may change based on current trends, however, the vision remains constant. Leadership for developing plans and strategies to achieve a community vision begins with City Council. How we get there is also the responsibility of the entire community. It means citizens, local government, educational institutions, businesses, neighborhoods, churches, non- profits, and the military work to make the vision a reality. 1 "The Importance of Vision #5", John Graham ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT How To Read This Document The first part of the document includes the Vision Statement and describes the Quality of Life in the Community in 2040. This sets the framework for how the community will look and what people will experience in 2040. Life in Virginia Beach in 2040... includes broad areas of focus that emerged during the visioning process. These Vision Elements provide an expanded description of the desired future. In 2040... these are statements of what we have achieved; what people might experience; and what the region, nation and world will say about us. These statements do not provide specific direction on how to achieve the Vision. That level of detail is the work of community, business, educational, and government leaders as they plan for the future and adapt to changing trends and issues. A Day in the Life of... is a story describing a day in the life of someone visiting or living in the community in 2040. Vision to Reality... identifies Bold Steps that will move the Vision forward. These are high level strategies and priorities that need to be implemented to realize the Vision, why these are critical to the Vision's success, and specific actions for Council to take. Key Trends Shaping Virginia Beach in 2040... are external trends that have implications for the Vision. These need to be monitored so decision makers, strategic plans, policies, and regulations adapt to changing needs and issues as we move toward the Vision for 2040. In the Appendix of the document the following information is provided: • Opportunities and Assets o Current opportunities that may be significant • Challenges o Current challenges to monitor and/or address • An outline of the Committee's process 0 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT VISION — VIRGINIA BEACH IN 2040 Virginia Beach is the most livable coastal community in the world located within the southern Chesapeake Bay region. It is defined by its rich natural resources and exciting, diverse, and interconnected neighborhoods. We are united by our broad social, cultural and recreational offerings, a thriving regional economy, and life-long learning opportunities that create a synergy where all citizens can live healthy lives, grow daily, continually reinvent, and prosper. Quality of life in 2040 Virginia Beach is a dynamic place to live, work, raise a family and grow older. We are friendly, caring, connected to one another, and we welcome visitors. Our neighborhoods provide a variety of affordable housing alternatives that meet the needs of all people including young professionals, families, and senior citizens. All citizens have access to affordable, high quality health care and life-long learning opportunities. We are environmentally conscious and a "green", healthy and safe community. Individuals, families, and visitors value the wide diversity of cultural, recreational, entertainment, and natural resources that stimulate, strengthen, and revive the mind, body and spirit. We have a culture of volunteerism and civic engagement. Our network of faith -based, civic, and non-profit organizations is engaged and enriches our community. We support initiatives that strengthen our region. 7 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT LIFE IN VIRGINIA BEACH IN 2040 The vision describes how the community will look and what people will experience as residents and visitors. There are some compelling images that broaden and reveal more of life in Virginia Beach in 2040. These elements are central and create focus in planning for the future, moving us closer to the Vision for 2040. The Vision cannot be achieved without success in all of the elements. They are organized in the report but not ranked. Connected Community Learning Community Diverse Community Unique Environment Active Lifestyle Thriving Economy H ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Connected Community Virginia Beach is a well-planned community of exciting, diverse neighborhoods, each offering unique opportunities to live, work, play, and grow in a culturally rich and safe environment. Our neighborhoods and residents find interconnectivity through our award-winning multi- modal transportation system, the ubiquitous presence of broadband communication technologies, and most importantly by building a deep sense of community. I n 2040 What we have achieved, what people might experience and what the region, nation and world will say about us. • For the fifth year in a row, Virginia Beach is named "The Most Livable City in the United States." • Each neighborhood provides an array of recreational and cultural activities to strengthen the body and excite the mind. • The diversity of our residents is seamlessly infused and celebrated throughout our neighborhoods. • Neighborhoods and business districts are free of blight and are aesthetically pleasing to the eye, built with a focus on conservation, easy to get around, and safe for citizens to explore. • Mixed-use communities provide residents with opportunities to live, work, learn and play. • Residents take pride in their neighborhoods. • A well-planned light rail system and a network of bike paths and pedestrian walkways interconnect our neighborhoods and provide access for all citizens to all parts of the City. • Citizens, businesses, and visitors have access to advanced broadband technologies that efficiently and effectively support regional interconnectivity as well as global commerce. 0 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Connected Community A Day in the Life ... of George George King gets up early to jog before starting his workday. Leaving his condo, he waves to several neighbors running or walking their dogs and goes about a mile before turning toward the Thalia neighborhood, where he meets his jogging partner, Judy. As they continue their run, they laugh about the "old days in 2012" when they would have to jump in their cars and meet at a park or gym if they wanted to run together. They complete their morning trip around the neighborhood trail and agree to meet around 4:30 before heading up to Richmond for the opening of the New Multi -Media Art Exhibit. George is working from home this morning, consulting with colleagues in Finland and Japan via a conference cloud, sharing designs, solutions and new ideas. He is the lead engineer for an experimental transportation district in the City designing a multi -modal system that meets the unique needs of a retirement community. After the conference call he catches the light rail on the corner and heads out to have lunch with his parents and talk with the neighbors about how the new system is working. George's parents, George Senior and Ellen, have been living in the community for several years. The neighborhood is small with a landscaped courtyard and common walkways and backyards that make it easy for residents to get to know each other. The energy efficient homes are also designed to recognize when temperatures need to be adjusted and provide residents with tele -medic access to their doctor's office to make appointments, do med checks and have follow-up visits from home. George's newly -designed pavement system accommodates turbo wheelchairs making it much safer and easier for many of George's and Ellen's neighbors to get to the stores and restaurants in the area. While walking around with the neighbors, he gains more insight about what is going well and where he needs to adjust plans. He makes changes to the design as they go, simultaneously alerting his colleagues overseas of the adjustments. The changes will help the community, but also the next neighborhood. Since he's running a little late he takes advantage of the car -share system. He steps into the car, gives his code, and the car scans the city grid for the most efficient trip to his condo. Arriving home around 4:30, he prepares for the evening and joins Judy and friends at the light rail station and high speed connection to Richmond. 10 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Learning Community We have a comprehensive approach to formal education and broader learning opportunities for citizens at all stages of life that supports their ability to learn, grow and prosper. We believe in and support an educational continuum that begins at birth and lasts a lifetime. Individuals, families, government, and businesses know and accept their roles preparing citizens to be successful throughout their lives. I n 2040 What we have achieved, what people might experience and what the region, nation and world will say about us. • All students entering kindergarten are ready to succeed academically in K-12 because of prenatal care and early childhood initiatives. • High school graduation rates approach 100% and the majority of graduates are enrolled in college or apprentice programs. • Higher education, apprentice programs, and skill certification efforts are aligned with the talent needs of business and industry within the region. • We are recognized for the number of residents over the age of 50 pursuing continuous learning opportunities and seeking intellectual stimulation. • Students are prepared for success at every stage of their educational journey. • Educators fully employ state of the art technology that provides greater accessibility to resources and teachers thereby maximizing the efficiency of our investment in education. • Teachers are valued and well compensated. There is zero tolerance for continuous and uncorrected underperforming educators in the classroom. • Older citizens and younger generations interact so that both may share knowledge and experiences. • Partnerships and collaboration among the region's higher education institutions create nationally recognized centers of excellence. • The region is known for the intellectual curiosity of its citizenry and the opportunities available to pursue knowledge and life-long learning. • Virginia Beach as a model for successful education. 11 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Learning Community A Day in the Life ... of Ruth Ruth, Assistant Superintendent of Students, is reviewing the most recent student reports and once again she is excited by the results. Children at every age and education level are excelling in core content, expanding their individual learning goals, and taking advantage of the diverse learning opportunities available. The reports also clearly demonstrate how the influence of a collaborative educational systems, businesses, informal learning communities and global content scholars has impacted students. She pours a cup of tea and retrieves two student profiles to review. Tristen is 15 and has just completed his formal course work. He has been accepted into an apprentice program with a high tech renewable resources company here in the City. In looking over his Annual Learning Strategy, it is clear Tristen understands and can analyze the core concepts. For each area of study he recorded innovative learning goals, encapsulated uncertainties and listed new things he'd like to explore. His Learning Strategy helped his learning coaches relate and refine core content and identify virtual learning opportunities focused on his key interests, technology and the environment. Through a partnership with local businesses they also found a mentor in the company where he will begin his career. Tristen is on his way! Kaylee is another success story. She is just beginning her third year of formal learning and has surpassed everyone's expectations. Ruth was her learning coach when Kaylee was two years old and enrolled in an early learning development program. This Quarterly Learning Strategy reinforces the impact of early instructional programs and authenticates the impact of global learning resources and opportunities for inclusion students. Smiling, Ruth quickly cybernetics a message of congratulations to Kaylee, then stores Kaylee's file. Ruth has one more thing to do before she ends her workday; she needs to do more work on her recertification as a learning coach. She's completed the required segments but a new dialog has launched across the country on reassessing gamification. After an hour of virtual simulated listening and reviewing content, she joins the discussion and poses a new hypothesis taking the dialog in a new direction. Now it's time to relax. Leaving her office she heads over to the Learning Center hoping she can pull her mother away for dinner and a stroll on the beach. She knows it won't be easy; her mom loves the hours she spends at the Center. Ruth's mother brings students throughout the City together with older residents, creating opportunities to enrich their understanding of the community's diverse history and population. This work is in addition to her regular work; Mom is back in school for an art degree. 12 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Diverse Community Our community -wide culture embraces and values all citizens and visitors with regard to ethnicity, national origin, gender, sexual orientation, age, socioeconomic standing, physical abilities, or religious beliefs. We address the processes and norms that ensure engagement, collaboration, fairness, respect, understanding, and trust exists between all populations within the community. In 2040 What we have achieved, what people might experience and what the region, nation and world will say about us. • The community is a recognized international leader for being inclusive and celebrating diversity in all of its forms. • We have the largest number of successful minority and women owned businesses in the State and in the Region. • City policies, procedures, and results reflect a zero tolerance approach to actions or efforts that stereotype, profile or denigrate any particular segment of the community. • Minority student performance leads the nation. • Business, civic, and educational leadership reflects the diversity of the community. • The City has negligible gaps in earning potential, unemployment, and overall economic vitality. • Face to face and electronic forums are prevalent throughout the City where citizens from various backgrounds meet and have courageous conversations. 13 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Diverse Community A Day in the Life ... of Federico Ortiz It's early afternoon and has already been a busy day for second -term Mayor Federico Ortiz. This afternoon he is hosting a panel discussion and an open dialog with the Urban League, an international business delegation, and a global audience to discuss how the community has come together over the last 25 years to ensure engagement and build understanding and respect within and among the many diverse groups in the City. He is particularly proud of the panel that has been assembled to talk about the journey, Virginia Beach native and U.S. Senator Brenna Harold will be joining him, as well as business, educational, civic, and church leaders. Mayor Ortiz knows the real stories and lessons will come from the citizens who are joining the discussion from home or the many Learning Centers throughout the City. Knowing his neighbors and constituents, he's confident there will be broad representation and views from the diverse community. The heart of the message will come from them as they talk about successes, challenges, and what we still have to learn. As he waits for his Smart Car, he reflects some of the impacts that have influenced the kind of relationships and community we enjoy today. He remembers the first time his parents went to something called a "living room conversation" and hearing about something called a "civil conversation." This seemed so odd to a 16 year old. Around that time, there was a lot of discussion about the diversity of the neighborhoods and how communities began to have annual celebrations to highlight their heritage. Looking back, so much focused on making connections, establishing relationships, and learning how to find common ground for constructive conversations. When he moved back to the City after graduate school, one of the first things he noticed was the emphasis placed on building cultural competencies and how it made sense for a global municipality. Every employee from leadership to entry level had learning tracks and annual reviews that focused on generational and cultural awareness, consequences of assumptions, and understanding cultural attitudes toward hierarchy, punctuality, relationships, and risk taking. The municipality took this a step further by asking employees from diverse backgrounds to serve as cultural coaches. The robotic voice from his Smart Car states, "Mayor, your transportation is ready." As he heads outside, he records a few quick notes for himself: students of all ages from diverse family backgrounds are performing at the same level - the superintendent should cover that; highlight the influence of church and non-profit leaders; address diverse housing and childcare needs; be sure the seniors at the Cultural Learning Center show off the art section; cover the impact of transparency in government. And the day continues........ 14 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Unique Environment We value and enhance our greatest natural assets: a broad array of coastal resources that includes beaches, waterways, farmlands and wetlands. We are a model community for clean air and water, and our commitment to environmental sustainability. Local foods, open space and parks contribute to the overall quality of life and healthy living. In 2040 What we have achieved, what people might experience and what the region, nation and world will say about us. • We are defined by our interconnected parks, waterways and bike paths throughout the entire City. • The ocean and abundant waterways provide opportunities for all people to experience a variety of recreational and learning experiences associated with healthy coastal living. • Our beaches are international destinations. • We are a community known for our healthy style of living. • Our farmland and sustainable farming practices are key drivers in our community and produce a safe, abundant, and sustainable food supply. • Quality local seafood attracts and delights residents and visitors. • Parks and outdoor recreation amenities are key elements of the community's healthy lifestyle. • Tree canopy is 50% of our landmass. • We have achieved net -zero pollution. • We are a fun place to paddle, walk, bike, and recreate year-round. 15 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Unique Environment A Day in the Life ... of Sam Sam (Samantha) is an environmental specialist in one of the City's highly respected life-long learning centers located along Nawney's Creek. As she waits for several of her volunteers to check-in, she thinks about things they might include in their eco -tours, the virtual learning communities they manage, and how the information might be pushed to the school system's learning coaches as they design modules for students who have an interest in the environment, geology, and botany. As Sam waits at the bicycle parking and shuttle stop, she appreciates how it has reduced the need for a large parking lot. Virginia Beach is really a unique place, the miles of beach shoreline, navigable waterways, wetlands, farmland, and open space make is a truly unique place to live. From the early 2000's the City, community and businesses have worked hard to improve the quality of the overall environment, working to increase the tree canopy and exceeding air and water quality standards. Sam thinks about how thankful she is to live in Virginia Beach, a city that has taken important steps to protect and improve the natural environment. Years of implementing environmental initiatives for the city's waterways have created clean water which allows for fishing, swimming, and shellfish harvesting. The bass have returned to Back Bay, oysters are thriving in the Lynnhaven River, and the Chesapeake Bay has met mandated water quality standards with tremendous improvement in underwater grasses. The tree canopy has been improved to exceed the 50% canopy goal established about 20 years before. All these efforts attract residents globally and continue to make Virginia Beach a highly desired destination for tourism. The tour starts with a brief presentation on the unique geography of the City and everyone takes the opportunity to visit a small museum that illustrates our conservation efforts. The group then launches kayaks into the tree -lined Nawney's Creek and paddle their way to Back Bay. They have the opportunity to spend several hours at the refuge and enjoy a picnic lunch before heading back. They arrive mid-afternoon and have an opportunity to stop at an organic farm for an introduction and taste testing. Sam talks about the Buy Local Eat Fresh movement that started 25 years ago and how it's now standard operating procedure for large and small restaurants in Virginia Beach. Sam provides information on local dining experiences and outlines the next day's adventure, exploring the Lynnhaven and its tributaries. Sam found the day exhilarating! As she travels home to the Kempsville area utilizing the bike lanes and shuttle service, she appreciates and enjoys experiencing Virginia Beach without a vehicle. 16 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Active lifestyle Cultural and recreational opportunities enhance the regional economy and provide emotional and intellectual opportunities for expression, education and entertainment. Citizens of all ages, individually and as families, experience the natural resources, restaurants, museums, aquarium, recreation centers, and entertainment venues in the region to stimulate, strengthen, and revive the mind, body and spirit. I n 2040 What we have achieved, what people might experience and what the region, nation and world will say about us. • The region's diverse performing and cultural arts offerings provide distinctive elements that appeal to all ages and parts of the community and "events" that generate interest, excitement, entertainment and support tourism. • Fifth year in a row recognized by Cyber Medic magazine as a "Fit" community • Public art is displayed throughout the City. • Local festivals reflect the diverse backgrounds and cultures of our citizens. • Students are exposed to the arts through a variety of opportunities, both instructional and in their daily lives. • We are known for our amateur athletic events and draw national and international competitions. • Our natural environment and conservation efforts are celebrated in our museums and cultural offerings and attract regional residents and national visitors. • Citizens and visitors enjoy professional sports. • The Virginia Aquarium is the benchmark for US aquariums. • Residents and visitors of all ages take advantage of our beaches, parks, bikeways, athletic venues, recreation facilities, and neighborhood trails to sustain a healthy lifestyle. 17 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Active Lifestyle A Day in the Life ... of the Morris Family The Morris household is up early on most Saturdays and breakfast is an important time to "check in" before they all begin their busy day. "Where's Mom?" asks Joann. "You know your mother," says her dad, "set in her ways, at 74 years old she has to have fresh strawberries from her garden for breakfast." Looking out the window Joann watches her mother picking berries in the shared garden between the main house and her parent's modular apartment. She's happy that both her parents are still healthy and active and more than relieved that they are close by should they ever need assistance. "What are your plans for today, Dad?" "Your mom and I are going to take the shuttle and meet Sam at the "Pleasure House Point Environmental Station. There is an eco -tour senior group from Europe coming in on Tuesday and we are guides for the walking tour. It's been awhile since we've volunteered there so we want to walk the trails. Then we are going to meet the Kings for lunch at the Oceanfront." Riley slips into her seat and joins the conversation. "That sounds like fun, gramps." "Mom, afterwards maybe you and I can check out the park for next weekend's Art in the Park Show. Then I'll take the bike trail to Nala's house so we can finish our sketches. We need to go to the Learning Center and fire her last earthenware pieces. Everything has to be finished for the show. I promise I'll be here in time for tonight's big game." "That's fine dear, just let me know if anything changes. I'll leave from the park and ride to the soccer fields. Michael, what time is the game?" "We play the British team at 10:00, and if we win, we play the winner of the Italy and Spain game. The championship is tomorrow. Wouldn't it be great to win the Junior World Soccer Championship?" "Hey Dad, where have you been?" "I wanted to get a run in before we head to the field. Have you all seen the new trail connecting to the Salazar's neighborhood? It's great! I'm going to shower and then look over the game plan before we head to the field. By the way, your mother and I invited the coach from the British team and his family to join us tonight for the game." Joann's mom finally walks in and Riley greets her. "Good morning Grandma! Are you and gramps going to the game tonight?" "Wouldn't miss it Riley! I can see the headlines... Tridents - 2040 NBA International Champions!" 18 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Thriving Economy We have a thriving regional economy that leverages our assets with high employment and dynamic business growth. We educate, attract, and retain a talented and diverse workforce and provide a broad base of employment with an emphasis on high paying jobs. I n 2040 What we have achieved, what people might experience and what the region, nation and world will say about us. • The region is the premier East Coast destination for domestic and international tourists. • Agriculture presence remains significant due to proactive strategies and initiatives. • Business, academic institutions and governments collaborate to develop and align the skills of the workforce to meet business needs. • We are renowned for medical science research. • Military presence remains significant due to proactive strategies and initiatives that support the changing needs of military. • Businesses are innovative and create partnerships and entrepreneurial opportunities that sustain the economy. • Wind and alternative energy industries help drive our economy. • Businesses select Virginia Beach as a premier location due to its qualified workforce, business friendly climate, and community assets that support business growth and success. • International trade has grown and diversified because of our strong economy and international ports. • The synergy from the academic centers coordinating research results in a culture of entrepreneurship and a continuous flow of successful start-up companies. • Travelers are connected to national and international destinations through the ease of high speed rail and an international airport. 19 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Thriving Economy A Day in the Life ... of Renia Renia Kuroki is excited about today's business meeting. She will be hosting an international delegation of business leaders who are interested in expanding their companies or looking for a headquarters location. She wants to be sure to emphasize to the executives the diversity and quality of the workforce as well as the unique qualities of the community that make not only a great place for their business but also their families. Reina Kuroki first fell in love with Virginia Beach 30 years ago when she was part of the Sister City delegation from Miyazaki, Japan. Today, she's the chief executive officer of Global Recycling & Packaging, Inc., a Fortune 500 company located in the Entrepreneurial Academic Research District. Her business is one of several large companies on the Fortune list, Second Wind Power Industries, Carlton Genetics Lab and RCG Simulation Systems are three companies that began as small businesses in the City. She greets the delegation at her headquarters and after a tour she shares her story about moving her business to Virginia Beach. Renia provides them with a virtual tour of the Southern Chesapeake Bay region, highlighting the unique assets that contribute to the globally interconnected economy particularly the region's international airport, high speed rail system, and the communications network. Renia then begins what she considers to be the most important part of the day, providing them with the opportunity to experience the local community. They head down the main route toward two of the neighborhood hubs that truly represent the cultural diversity of the City and local businesses. They dine in a small Nigerian restaurant that is noted for its traditional dishes and use of local seafood and vegetables. They visit several local shops, a small art gallery and have an opportunity to mingle with the neighbors. The day ends at the Oceanfront where they watch the preparations for the 67th Annual Boardwalk Art Festival that begins the next day. As they head back to their hotels, Renia talks about her decision to move here. "I moved my company from Tokyo to Virginia Beach because this city really knows how to support fast-growing businesses," says Reina. "The key to our continuing growth has been the collaboration between the business community, academic research centers and local government." "My entire staff — from the executive suites to the manufacturing center — has come to call the City home. We love our safe neighborhoods; great schools; skilled workforce; the beautiful, green environment; and healthy life style. The cultural and recreational facilities are world-class, and the transportation systems here keep our business moving forward." 20 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT VISION TO REALITY The Community Vision creates a mental picture that inspires and challenges by describing real results and reflecting the highest standards for our community. To achieve the Vision, it must be grounded in specific strategies to move toward the desired future. Bold Steps provide focus and direction to begin the work. Bold Steps demonstrate our commitment to the Vision and communicate the serious intent of leadership. These are high level strategies or actions that stimulate other activities and move the community, government, business, education and non -profits toward that Vision. Bold Step: Regionalism City Council leads the effort to build a strong, effective regional coalition to leverage the region's assets and creates a culture of collaboration for the success of the Southern Chesapeake Bay Region. Why: • We can only succeed as a region • Leverages each community's strengths, reduces competition, generates savings • As the largest City in the Commonwealth, we need to take a leadership role • Reduces the cost of local services through sharing resources • Everyone in the region wins • Capitalizes on the interconnectivity of the region • Allows us to market the region • Region speaks with one political voice/clout Bold Step: Invest in Early Childhood Education Increase the level of commitment and investment in early childhood education in order to ensure children are successful in K-12 and in life. Why: • Students with greater potential • Successful adults • Increases earning potential that supports the economic growth or individuals and the community • Safer community 21 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT • Reduction in the cost of the criminal justice system • Reduces human service needs and subsidies • Workforce that is prepared for the future • Reduce the overall cost of education Bold Step: Transportation City Council makes transportation a key priority, focusing on multi -modal means of connecting within our neighborhoods, across the City, region and beyond. Why: • Vibrant, successful communities rely on mobility through transportation connectivity • Neighborhoods, learning, leisure and economic success all rely on a successful transportation network • Enhances the overall citizen and visitor experience • Citizen safety • Reduces automobile traffic • Clean air — healthy environment Bold Step: Vision Into Action Establish an ongoing Vision to Action Citizen Coalition to monitor and measure alignment of Council's planning and implementation of the Community Vision Why: • The community owns the Vision • Broad representation to ensure community input and buy -in • Ensures current council and future councils sustain a consistent focus on implementing the Vision • Alignment with vision — strategic planning, decision making, policies and procedures at the Council and government levels 22 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT KEY TRENDS SHAPING VIRGINIA BEACH IN 2040 We know that there will be many changes over the next 28 years that will impact our ability to create the kind of community we desire. These Key Trends will change the community and have implications for the future. These are trends that need to be monitored so decisions, strategic plans, policies, and regulations adapt to changing needs and issues as we move toward the Vision for 2040. While the City of Virginia Beach embraces and recognizes its unique qualities and characteristics, many of the City's future challenges will have common trending dynamics with Hampton Roads, the Commonwealth of Virginia, and the United States. In preparation for 2040, four sociological factors will likely influence the nature of the City's composition. The factors are demography, technological advancements, environmental sustainability, and the economic landscape. Demographically, as Virginia Beach's population reshapes the community, most residents and workers will notice a progression toward the graying of their neighborhoods (the Silver Tsunami), a shift toward a larger minority presence, and a change of housing desirability standards. Led by Millennial generation research and development professionals, technological advancements will enable household and workplace efficiencies and productivity; they will facilitate highly complex and streamlined social, information, and workplace networks; and they will empower private enterprises to customize specific human health products, minimally invasive microbiological exploratory devices, and tourism augmented realities. Environmentally, for many, their lifetime endeavor will be to develop a sustainable community, alleviate rising sea levels, mitigate coastal erosion, discover alternative fossil fuel energy options, and feed a growing local and global population. state, and local government activities have potential to shape the local marketplace. Military sustainability or growth uncertainty will be an ongoing contemporaneous challenge; moreover all government funding sources for core services and infrastructure will determine long-term transportation options, educational breadth, and social intervention. 23 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Demographic Trends Demographically, the three key trends shaping Virginia Beach's future are an aging community (perceived by current residents as more important than population growth), a growing minority population, and changes in household composition. Aging Trends Shaping Virginia Beach Between 1946 and 1965, a prolific Baby Boom generation represented 76 million children. During this period, on average, 3.8 million children were born annually. With new medical technology prolonging life and health awareness supplementing longevity decisions, U.S. life expectancy has increased to an average age of 78 (males 76 and females 81). According to the Boomer Project, due to life expectancy increases, the percentage of Virginia Beach residents 65 and older will increase from a ratio of 10.6% (2010 census) to 22% in 2040 (the Age Wave); moreover the Caucasian senior population of 20% will equal the youth minority population. With life expectancy increasing and Baby Boomers working longer, lifestyle expectations and dynamics will be the top tier core value prompting change. According to the Virginia Department of Aging (VDA), residents exceeding 85 years in age (5,630 in 2010) will also likely increase dramatically. This age group will create economic opportunities for the community; their health will likely be less than optimal; additional demand for nursing home care will be required; and more medical services will be necessary. Innovative caregiving support networks will evolve, whereupon credit is given in exchange for caregiver services rendered (Transition Networks), and elderly self-supporting communities will evolve (Naturally Occurring Retirement Communities). In 1990, women aged 65 years and older exceeded men by 42%. In 2010, this ratio declined to 37%, and according to the VDA, by 2025, the ratio could be as low as 18%. This implies couples will remain together longer and will likely age in place. Minoritv Trends Shaping Virginia Beach According to the 2010 census, Virginia Beach's non -Caucasian population was 32.3%. �4 4African Americans comprised the largest minority group representing 20.7% of the community. According to the Bureau, by 2042, the sum of all minority groups will exceed the Caucasian race. As time progresses, new generations will likely identity 01 less with historical racial and cultural struggles and will become ambassadors for diversity acceptance. 24 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Demographic Trends (con't) According to the Southeastern Institute of Research (SIR), by 2030, the City of Virginia Beach's population is projected to reach 530,000. In 2010, 4.0% of Virginia Beach residents claimed more than one race. By 2040, as interracial relationships become more commonplace, those claiming more than one race will likely increase. Household Trends Shaping Virginia Beach As Virginia Beach Baby Boomer residents age, there will be greater demand for senior housing options. Dependent upon each individual's healthcare need, age, family structure, cultural inclinations, and financial circumstance, options will range from multigenerational households to nursing homes. With people living longer, more four to five multigenerational households will emerge. According to the Pew Research Center, 49 million Americans (16.1%) currently live in multigenerational households. yam, In 2010, Virginia Beach single parent families represented dill Mk , 'aa M.g 10.3% of all households. Nationally, 33% of all households are single parented, and 67% of these have a female head of household. This trend has been supported by a consistently high U.S. divorce rate of 5 per 1,000 people (highest among all nations); moreover the Millennial generation is tending more toward single member parenthood rather than marriage. Generation X, Millennial families, and professionals are gravitating to urban areas. Desiring multi -modal transportation options, efficient travel times, and minimal vehicle maintenance costs, they desire urban hubs connected by rail systems and the opportunity to live, work, and play centrally. This will likely result in less demand for suburban home ownership. 25 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Technological Trends Technologically, the three key trends shaping Virginia Beach's future include the rapid transformation of household and office functionality, facilitation of revolutionary communication interactivity, and discovery and manufacture of lifestyle enabling devices. Functionality Trends Shaping Virginia Beach With personal computer ownership commonplace, information gathering and hyper - connecting will thrive as routine household, workplace, and recreational necessities employing ample access capabilities, robust search engines, instantaneous processing speed, and device miniaturization. Low cost computer chips will be embedded within building infrastructure enabling intelligent walls throughout. Clothing, jewelry, and eyewear will serve dual purposes: fashion and information gathering. Red laser applications will place knowledge at users' fingertips. As artificial intelligence becomes more sophisticated and begins improving itself (technology singularity), stationary and mobile robotics will be able to perform a number of complex humanistic tasks. Communication Trends Shaping Virginia Beach As electronic processing times diminish and devices become more efficient, voice, video and data traffic will be able to travel seamlessly between individuals, homes, and businesses. Social networks will accommodate massive content sharing needs. Lifestyle Device Trends Shaping Virginia Beach To facilitate device miniaturization, tactile functionality will become almost obsolete with voice recognition augmenting electronic virtual realities and device activation. Where miniaturization is unimportant, keyboards and mice will be replaced with touch screens. News will attain real-time status and newspapers, magazines, books, credit cards, and other disposable commodities will fade in importance. Nanotechnology will empower the medical profession to observe and repair the human body utilizing minimally invasive body -bots. Genome scans and DNA testing will become an ordinary and affordable method for creating pharmacokinetic medicines. FM ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Environmental Trends Environmentally, the three key trends shaping Virginia Beach's future include potential damage to the City's delicate coastal and inland ecosystem, natural resource preservation efforts, and economic stimulation associated with the City's oceanfront tourism industry. Ecosystem Trends Shaping Virginia Beach While the City's inland waterways and oceanfront are treasured amenities, land mass sustains residential, business, and government activities. As sea levels subtly rise and encroach upon valuable waterfront properties - (possibly 27 cm), long-term strategies will be necessary to minimize the change in existing wetlands, manage the creation of new ecosystems, mitigate the loss of farm and homeowner acreage, and maintain beach fronts. Virginia Beach is the second most threatened American city. Because the magnitude of the sea level problem is global, higher education will gravitate toward synergistic multi -institutional research and hyper -sharing for deriving long-term solutions. Natural Resource Trends Shaping Virginia Beach As the global population approaches 8 billion people, natural resources will become scarcer. Of particular concern will be fossil fuels and their impact on the environment. Along with ecological research, higher education will seek alternative energy sources and will develop methods for mitigating past emission damage and future carbon output. Emphasis will be upon halophyte algae biofuels, methanogen produced methane, Luna Ring solar energy, harnessing vertical -axis wind turbine power, capturing oceanic kinetic energy, and compressing natural gas. To support the growing global population and our local community, food production methodologies (i.e. Community Supported Agriculture) and technological advances (i.e. indoor vertical farms) will be introduced to maximize greater supply to accommodate future demand of 70%. Tourism Trends Shaping Virginia Beach Virginia Beach's resort area has natural beauty, aesthetically pleasing facilities, and the lure of recreation; however, at times, capacity issues limit tourism potential. With limited access, the public and private sectors will seek new (but similar) venues to attract tourism. The Back Bay and local riverfronts will offer alternative vacation spots with short commutes to the Oceanfront. 27 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Economic Trends Economically, the three key trends shaping Virginia Beach's future include the long-term effects of short-term military decisions, the local government funding structure, and the effects of automation upon the local workforce. Military Trends Shaping Virginia Beach Since 1775, excluding minor altercations, the United States has been involved in 13 wars. On average, the introduction of war occurred every 17 years, and the longest period of peace occurred between the Civil War and the Spanish American War 137 years). These irregular cycles and downsizing periods are endemic; furthermore, future troop efficiency reductions will be achieved by technological advances. With a significant reliance upon military installations, cyclical periods of growth/downsizing will occur, and sustainability will remain a key economic objective. The economy will continue to thrive on three factors: military personnel and program spending, a highly sophisticated military force commanding higher wages, and specialized private sector job creation opportunities. Government Funding Trends Shaping Virginia Beach Currently, in the Commonwealth of Virginia, localities are subject to restrictive Dillon Rule governance. Under the Rule, the Commonwealth must permissively legislate and enable locality tax levies. Enabling laws have placed a large burden upon property owners; moreover the Dillon Rule has created taxation inequities. For instance, the largest revenue source for sustaining core services is the real estate tax. In the future, State legislators will reconsider, modify, or eliminate the Rule. Like the military, the local and national economy is cyclical. Contemporaneously, on average, a recession occurs every ten years, and dependent upon the magnitude, recovers within two to ten years. Reliant upon local and national economic fervor, government funding will remain dependent upon private sector activity. Proactively researching and planning for transportation infrastructure demand, educational trend necessities, and social assistance programs will create the foundation for cyclically robust periods (when funding will be available). Workforce Trends Shaping Virginia Beach While the trend toward increased technology will create occupations. employment, progressive changes will have a negative impact upon some basic job. Automation, robotics, and artificial intelligence will curb demand for administrative staffing and other mid-level 28 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT APPENDIX Current Reality • Opportunities ■ Assets ■ Challenges Committee's Process ■ Process Summary ■ Presentation Schedule ■ Visioning Context Map 29 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT APPENDIX Current Reality- Opportunities/Assests Over the course of the last year, the Committee heard many presentations and discussed the implications for the future. The following is a list of items that the Committee identified as potential opportunities that should be studied, monitored and perhaps incorporated in strategic planning and policy decisions. Assets also present opportunities for future growth and development. Opportunities • Changing needs of the military • Tapping talent from military reductions • Alternative energy and fuels • Medical and scientific research • Organic foods and farming • High speed rail and light rail • Strategic Growth Areas • Tourism • Leverage Non -profits • Changes in education K-12 Assets • Natural Environment • Proximity to port • Level of volunteerism • Contemporary leadership • Uniqueness of the resort • Level of amateur athletics • Good neighborhoods • Tree canopy and open space • Parks • Well planned community • Clean air, water quality, neighborhoods • Giving community — walks for charity, etc. • Civic engagement • Church and religious leadership • High level of religious affiliation in the community • Good education system • Diversity of the community 30 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT • Best Managed City; talented city staff • Recreation Centers, Libraries, Aquarium • Safe community • Regional cultural opportunities Current Reality - Challenges These are key issues that will impact our future. These items should be monitored, studied and possibly addressed through strategic planning and policy development. Key trends will also significantly impact these challenges. • Lack of economic diversity • Over reliance on the military and changing needs of the military • Lack of focus on young adults 20 years of age - attracting and retaining young professionals; opportunities for jobs, housing and the life style they desire • Current financial stress on individuals and families • Health care costs for all citizens • Housing — affordable housing and aging housing stock • Aging City infrastructure • Sustainability for the quality of life we have and desire for the future • Diversity - our ability to be an inclusive community, open to new people, new ideas, etc. • Changing demographics — the aging population and changes in life expectancy; changing households, multi -generational and single heads of households • Managing technology — impact on jobs, the workforce, service delivery • Higher education institutions taking a collaborative approach vs. competitive approach to education • Sustainability of revenue resources to fund government services • Outdated local government funding structure; reliance on real estate • Dillon Rule • Inability to fund transportation needs as a region • Regional competition — we don't think as a region and don't have political influence as a region. • Municipal and State legislative agendas are not aligned • Politics vs. Leadership - short term decisions vs. long term 31 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT APPENDIX The Committee's Process January 11, 2011, the Mayor appointed a 13 -member citizen visioning group to study and analyze current trends to determine the future of Virginia Beach in 2040. The Committee developed their Mission Statement, committed to a meeting schedule, and immediately began populating trends impacting the City's future. The Committee's ground work was understanding the forces affecting our community and the future. The Committee aggressively met bi-monthly over a course of 16 months receiving presentations by experts and leaders. Simultaneously, the group conducted several Committee workshops, building a context map used for launching their visioning process. This work populated the assumptions and trends that will most impact the City's future. Meetings were open to the public, but we also held an open forum where we engaged the community on major trends and issues affecting us over the next 30 years. Throughout this process, various City departments proved invaluable in assisting the committee with critical insights, statistics and trending data. In March 2012, an ambitious writing sub -group began meeting and populated a well thought out document that respected the work of the entire Committee and that everyone supported. Meeting/Presentation Schedule Date Presenter(s) Topic 2/4/11 Barry Frankenfield, SGA Manager Strategic Growth Areas Strategic Growth Area Office 2/18/11 Dr. Koch, Professor "What's in Store for Our Region and Old Dominion University Virginia Beach, 2011-2040" 3/4/11 Patti Phillips, Finance Director Finance Financial Update 3/17/11 Susie Walston, Deputy City Manager City Council's Vision 2024, City Council's Goals 2011, Governance Model and the City Businesses Areas 4/1/11 Warren Harris, Economic Development Director The business of Economic Development Cynthia Whitbred-Spanoulis, Economic Development 4/15/11 Warren Harris, Economic Development Director "Jobs, Growth, Employment and Trends" Jerry Stewart, Economic Development 5/6/11 Dr. James Merrill, Superintendent Future of Education in Virginia Beach K-12 Dan Edwards, School Board Chairman and Compass to 2015 — a Strategic Plan for Virginia Beach Public Schools student success 5/20/11 Committee Workshop 32 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT 6/3/11 Lt. Col Thomas D. Netzel, Deputy Commander Military - current assets Joint Expeditionary Base Little Creek -Fort Story Brian Ballard, AICP, Community Planner Liaison Officer Joint Expeditionary Base Little Creek -Fort Story Scott Mohr, Public Affairs Officer Joint Expeditionary Base Little Creek -Fort Story Commander Robert Lee Rountree, Jr. (Retired) NAS Oceana Plans and Policy Department Craig Quigley, Executive Director of the Hampton Roads Military and Federal Facilities Alliance 6/17/11 RADM Dick Dunleavy, USN (Retired) Military - future visioning Military Economic Development Advisory Committee RADM Phil Olson, USN (Retired) Military Economic Development Advisory Committee Dr. Roger Whiteway, Ph. D (SES -6) Military Economic Development Advisory Committee Spencer Layne, Joint Expeditionary Base Little Creek -Fort Story 7/8/11 Cindy Curtis, Parks and Recreation Director Participation and utilization trends, Mary Cole, Recreation Virginia Beach Outdoors Plan, Bikeways Brian Solis, Planning, Design and Development and Trails Plan, Urban Forest Wayne Wilcox, Planning, Design and Development Management Plan and Urban Tree Frank Fentress, Landscape Management Canopy Analysis Steve Wright, Administration 7/22/11 John W. Martin, CEO Communities of the Future: Major Southern Institute of Research and the Boomer Project Trends and Key Drivers Shaping How Public Forum and Where We will Live, Play and Work 8/5/11 Lynn Clements, Virginia Aquarium Director Arts, Culture and Historic Preservation Emily Labow, Office of Cultural Affairs Director Mark Reed, Historic Resources Coordinator 8/19/11 Jeryl Phillips, Comprehensive Planning Coordinator "It's Our Future" 2009 Comprehensive Andrew Friedman, Housing & Neighborhood Preservation Plan; "The Future of Housing and Director, Neighborhood Preservation" Bill Dore, Housing and Neighborhood Preservation 9/2/11 Aubrey Layne, Commonwealth Transportation Board Transportation Dwight Farmer, Executive Director Hampton Road Transportation Planning Organization Mark Schnaufer, Transportation Planning Coordinator City of Virginia Beach 9/16/11 Committee Workshop 9/20/11 Progress report briefing to City Council 9/23/11 Jim Ricketts, Convention and Visitors Bureau Director Tourism Al Hutchinson, Convention and Visitors Bureau 10/7/11 Committee Workshop 10/21/11 Clay Bernick, Environment and Sustainability Environment and Sustainability 11/4/11 James K. Spore, City Manager Governance; Challenges for the Future 11/17/11 Dr. Gary Yates, MD Technology and Medical Trends Senior Vice President and Chief Medical Officer, Sentara 33 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT 12/2/11 Marcy Sims, Virginia Beach Libraries Virginia Beach Public Libraries Kevin Carobine, Virginia Beach Libraries Early Childhood Development Riley Kehoe, Grow Smart, Economic Development Jerry Stewart, Economic Development Lisa Howard, Smart Beginnings South Hampton Roads 12/16/11 Dr. Tony Atwater, President, Norfolk State University Higher Education Dr. Sandra J. DeLoatch, Interim Provost & Vice President for University Research and Development Academic Affairs, Norfolk State University Harry Lester, President, Eastern Virginia Medical School David Harnage, COO, Old Dominion University Renee Olander, Assistant Vice President, Regional Higher Education Centers, Old Dominion University Dr. Deborah DiCroce, President, TCC Dr. Michael Summers, Provost Va. Beach Campus, TCC 1/6/12 Robert Morin, Human Services Director Human Services Kathleen Drumwright, Deputy Director Randall Thompson, Central Administration Director 1/20/12 David Trimmer, Agriculture Director Rural and Agriculture Dr. Terance Rephann, Weldon Cooper Center, UVA January - March 2012 Committee Workshops developing report March — May 2012 Writing Sub -group drafted a document that respected the work of the entire Committee. May 2012 Document finalized by Committee and presented to City Council 34 ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT Visioning Context Map Diverse Community rLearning Unique Environment Vision Into Action VIES Transportation RTUN Early Childhood Education CPPD Regionalism ASSETS Active Lifestyle Thriving Economy cA644ZfA.jq fs The Vision must be setup, natured, and generationally sustainable This Vision's structure will drive: Strategic Planning, Action Plans, Policies, Marketing, and Decision -Making for Council, Government, Citizens, Educational Institutions, Businesses, Military, Non -Profits, Neighborhoods Citizens should be able to find "themselves" in the Vision and take responsibly for "their" Vision realization. It will take courage and commitment to execute and must supersede politics 35 Community Connected The Most Livable l Community Coastal Community _ in the world....... _ w Vision Into Action VIES Transportation RTUN Early Childhood Education CPPD Regionalism ASSETS Active Lifestyle Thriving Economy cA644ZfA.jq fs The Vision must be setup, natured, and generationally sustainable This Vision's structure will drive: Strategic Planning, Action Plans, Policies, Marketing, and Decision -Making for Council, Government, Citizens, Educational Institutions, Businesses, Military, Non -Profits, Neighborhoods Citizens should be able to find "themselves" in the Vision and take responsibly for "their" Vision realization. It will take courage and commitment to execute and must supersede politics 35 �HIA BCH L J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Opposing the Mining of Uranium in the Commonwealth Of Virginia MEETING DATE: June 12, 2012 Background: In December 2008, City Council adopted a resolution stating that unless it could be demonstrated to a reasonable degree of certainty that there would be no significant release of radioactive sediments downstream, the City of Virginia Beach was opposed to uranium mining in Virginia and the elimination of the existing legislative moratorium on uranium mining. In the 3.5 years since Council's resolution, there have been numerous studies relating to uranium mining in Virginia, several of which deal specifically with the proposed Virginia Uranium Inc. mine and milling facility at Coles Hill, upstream of Kerr Reservoir and Lake Gaston. Considerations: The National Academies of Sciences (NAS) study indicates that uranium tailings disposal cells represent long-term risks for contamination, that limited data exist to confirm the long-term effectiveness of those disposal cells, and that extreme natural events combined with human errors have the potential to lead to the release of contaminants. The NAS study concludes that Virginia has no experience with uranium mining, that the federal government has little or no experience with wet climates and extreme precipitation events, and that there are gaps in legal and regulatory coverage for uranium mining and steep hurdles to be overcome before mining could be established in Virginia within a regulatory framework that is protective of health, safety, and the environment. The City contracted with nationally prominent experts to prepare a study of the downstream water quality impacts that would occur from a hypothetical, catastrophic breach of an above - grade, uranium mine tailings disposal cell. The study indicates that in the aftermath of an assumed catastrophe, radioactivity in the main body of Lake Gaston would remain above state and federal regulatory levels for up to two months during wet years and six to sixteen months during dry years. The only practical response during this time would be to shut down the Lake Gaston project. Depending upon the weather, this could have significant consequences to all of southside Hampton Roads, but particularly, Chesapeake, Norfolk, and Virginia Beach. Public Information: This issue was the subject of a Council briefing on June 5, 2012 and it has been advertised in the same manner as other items on City Council's agenda. Recommendations: For the reasons discussed in the attached policy report, it is recommended that City Council reaffirm its opposition to uranium mining and to the lifting of the exiting legislative moratorium on uranium mining. Attachments: Policy Report, Resolution Recommended Action: Approval of Attached Resolution Submitting Department/Agency:c Utilities �%� a4,ubli City Manager: v_ t 1 A RESOLUTION REAFFIRMING THE CITY OF 2 VIRGINIA BEACH'S OPPOSITION TO THE MINING 3 OF URANIUM IN THE COMMONWEALTH OF 4 VIRGINIA 5 6 7 WHEREAS, in December 2008, the Council of the City of Virginia Beach adopted 8 a Resolution stating its opposition to uranium mining in Virginia and to lifting the existing 9 legislative moratorium on uranium mining unless it could be demonstrated, to a 10 reasonable degree of certainty, that there would be no significant release of radioactive 11 sediments downstream of the site under any circumstances; and 12 13 WHEREAS, in the three and one-half years since the adoption of that Resolution, 14 there have been a number of studies relating to uranium mining in Virginia, several of 15 which have dealt specifically with the proposed Virginia Uranium, Inc. mine and milling 16 facility at Coles Hill in Pittsylvania County, upstream of the John H. Kerr Reservoir and 17 Lake Gaston; and 18 19 WHEREAS, two of the studies consisted of economic assessments of the 20 proposed Coles Hill project, and both such studies found that one large, or several 21 small, accidents or releases would significantly reverse the economic benefit of the 22 project, even if no serious harm to people or the environment occurred; and 23 24 WHEREAS, at the request of the Virginia Coal and Energy Commission, the 25 National Academies of Sciences (NAS) has completed a study entitled "Uranium Mining 26 in Virginia: Scientific, Technical, Environmental, Human Health and Safety, and 27 Regulatory Aspects of Uranium Mining and Processing in Virginia" (the "NAS Study"), 28 the purpose of which was to address a series of detailed questions about uranium 29 mining, processing, and reclamation in order to assist the Commonwealth of Virginia in 30 making decisions concerning the proposed uranium mining project; and 31 32 WHEREAS, the NAS study indicates that: (1) disposal cells in which radioactive 33 tailings are stored represent significant long-term risks for radiological and other 34 contamination; (2) limited data exist to confirm the long-term effectiveness of uranium 35 tailings disposal cells; and (3) extreme natural events combined with human error have 36 the potential to result in the release of contaminants if disposal cells are not designed, 37 constructed or maintained properly, or if such cells fail to perform as envisioned; and 38 39 WHEREAS, the NAS study concluded that the Commonwealth of Virginia has no 40 experience with uranium mining, that the federal government has little or no experience 41 applying existing laws and regulations to states with wet climates and extreme 42 precipitation events, and that "there are gaps in legal and regulatory coverage for 43 activities involved in uranium mining, processing, reclamation, and long-term 44 stewardship . . . [and] . . . steep hurdles to be surmounted before mining and/or 45 processing could be established within a regulatory environment that is appropriately 46 protective of the health and safety of workers, the public, and the environment"; and 47 48 WHEREAS, Michael Baker Engineers and the National Center for Computational 49 Hydroscience and Engineering, under contract to the City of Virginia Beach, have 50 completed a study (the "Michael Baker Study") of the downstream water quality impacts 51 that would occur from a hypothetical, catastrophic breach of a single, above -grade 52 uranium mine tailings disposal cell located near Coles Hill; and 53 54 WHEREAS, it is acknowledged that if all of the tailings are secured in properly 55 designed, constructed, and maintained below -grade disposal cells, the likelihood of a 56 major release of tailings to surface water is significantly reduced; and 57 58 WHEREAS, although existing regulations indicate that below -grade disposal of 59 uranium tailings is preferable to above -grade disposal, exceptions have been made for 60 environmental reasons, such as conflict with groundwater conditions, or for reasons of 61 economic feasibility, both of which may exist at the Coles Hill site or at heretofore 62 undiscovered uranium mining sites; and 63 64 WHEREAS, the NAS Study specifically dismissed the notion that below -grade 65 disposal of tailings would automatically be required, noting that the first mine and mill 66 permit to be issued in more than three decades allowed partially above -grade disposal 67 cells, notwithstanding the fact that the safest and most environmentally sound solution 68 was below -grade disposal; and 69 70 WHEREAS, the Michael Baker Study indicates that in the aftermath of an 71 assumed catastrophe, radioactivity in the main body of Lake Gaston would remain 72 above state and federal regulatory levels for up to two months during wet years and six 73 to sixteen months during dry years; and 74 75 WHEREAS, for a number of legal, regulatory, political, institutional and technical 76 reasons, it is highly likely that a major release of tailings downstream from the Coles Hill 77 site would force the City of Virginia Beach to discontinue pumping of the Lake Gaston 78 Water Supply Project, at least until contaminant levels had dropped well below state and 79 federal regulatory levels; and 80 2 81 WHEREAS, during droughts, the Lake Gaston Project provides up to one-third of 82 the water in the Norfolk, Virginia Beach and Chesapeake water systems, and the loss of 83 the Lake Gaston project for an extended period of time could result in water shortages 84 far greater than those occurring in the 1980-81 drought; and 85 86 WHEREAS, a release of radioactive tailings such as that modeled in the Michael 87 Baker Study would have devastating adverse economic and other effects upon the City 88 of Virginia Beach, the Hampton Roads Region, and the localities near to and 89 downstream of the Coles Hill site; and 90 91 WHEREAS, operations vital to maintaining the nation's defense readiness at the 92 various military installations located in Hampton Roads could be adversely impacted by 93 water shortages that could result from a significant release of tailings, especially during a 94 dry period; and 95 96 WHEREAS, even a release of radioactive tailings of lesser proportions than the 97 worst case scenario modeled in the Michael Baker Study would result in serious 98 economic impacts to those areas even after radioactivity levels declined to levels within 99 legal limits because of the inevitability of negative public perceptions and the resultant 100 damage to the regions' images and reputations as attractive business and vacation 101 destinations; and 102 103 WHEREAS, it is absolutely clear, based upon the National Academy of Sciences 104 and other studies, that it cannot be demonstrated to a reasonable degree of certainty 105 that there would be no significant release of radioactive sediments downstream of the 106 Coles Hill site under any circumstances, and therefore that the criteria in the Resolution 107 adopted by City Council in December 2008 have clearly not been satisfied; and 108 109 WHEREAS, while the probability of a major tailings release is small, the adverse 110 consequences of such a release would be enormous and unacceptable; 111 112 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 113 VIRGINIA BEACH, VIRGINIA: 114 115 That the City Council of the City of Virginia Beach hereby reaffirms its opposition 116 to uranium mining in Virginia, including the proposed Virginia Uranium, Inc. project at 117 Coles Hill, and to the elimination of the existing legislative moratorium on uranium 118 mining in Virginia. 119 3 120 The City Clerk is hereby directed to transmit a certified copy of this Resolution to 121 each member of the City's Congressional and General Assembly Delegations. 122 Adopted by the City Council of the City of Virginia Beach on the .2012. CA -12301 June 6, 2012 R-1 APPROVED AS TO CONTENT: 4 Department of Public Utilities day of APPROVED AS TO LEGAL SUFFICIENCY: f � AA f City Attorney's Office 4 Gl�IA-$E�C` O O U a F'� Z OF OUR NPS'ONS ■ Polk Report y Uranium Mining in Virginia Background: In December 2008, City Council enacted a resolution stating that unless it could be demonstrated to a reasonable degree of scientific certainty that there would be no significant release of radioactive sediments downstream under any circumstances, including, but not limited to, a direct hit on the mining facilities by a Probable Maximum Precipitation (PMP) storm event, the City of Virginia Beach was opposed to 1) uranium mining in Virginia, 2) the elimination of the existing legislative moratorium on uranium mining, and 3) any attempt to develop a regulatory framework for uranium mining. Although the General Assembly has not considered any legislation that would alter the existing moratorium on uranium mining, the Governor has appointed a taskforce to develop the regulatory framework for uranium mining with instructions that they complete that work by 2013. In the three and one-half years since City Council's resolution, there have been a number of studies relating to uranium mining in Virginia, several of which dealt specifically with the proposed Virginia Uranium Inc. mine and milling facility at Coles Hill, upstream of the John H. Kerr Reservoir and Lake Gaston. Four studies of particular relevance are: • The Socioeconomic Impact of Uranium Mining and Milling — Chmura, November 2011 • Proposed Coles Hill Uranium Mine and Mill — RTI, International, March 2012 • Uranium Mining In Virginia — National Academies of Sciences (NAS), December 2011 • Potential Impacts of Uranium Mining in Virginia on Drinking Water Sources — Michael Baker Engineers (under contract to Virginia Beach), February 2012 (Phase II) Considerations: The two economic studies indicate that if the Coles Hill mine and mill were to go forward as currently proposed by Virginia Uranium, the net economic impact in and around Pittsylvania County would be about $150 million per year and 1,000 jobs (direct and indirect) for 20 to 35 years. They also indicate that even if the project is compliant with all environmental regulations, there will be moderate and measurable air, water and soil contamination and impacts close to the facility. Finally, they conclude that one large, or several small accidents/spills would significantly reverse the economic benefit even if no serious harm to people or the environment occurred The National Academies of Sciences (NAS) Study: This study was commissioned by the Virginia Coal and Energy Commission, a legislative commission of the General Assembly, for the purpose of informing the Commonwealth of Virginia with respect to uranium mining in this state. The NAS study confirmed that there are significant deposits of uranium in the Blue 1 of 5 Ridge/Piedmont provinces, although the Coles Hill site is the only economically viable site that has been discovered to date. The study recognized that Virginia experiences extreme and unpredictable natural events, including catastrophic precipitation events, earthquakes, tornadoes, and debris flows which must be considered with respect to determining if any particular site is appropriate for uranium mining. The NAS study indicated that uranium mining in Virginia has the potential to significantly impact air quality, surface and ground water quality, and the environment. The near and medium-term impacts may be substantially reduced if world-wide best practices are rigorously and sustainably adhered to with respect to the regulatory framework, the design, construction, and operation of the facilities, and monitoring and enforcement. The study indicated that tailings disposal cells represented significant long-term risks for radiological and other contamination: "Although significant improvements have been made in recent years to tailings management practices to isolate mine waste from the environment, limited data exist to confirm the long-term effectiveness of uranium tailings management facilities ... Significant potential environmental risks are associated with extreme natural events and failures in management practices. Extreme natural events ... have the potential to lead to the release of contaminants if facilities are not designed and constructed to withstand such an event, or fail to perform as designed." NAS study at page 145. The NAS study discussed the City's computer model of a hypothetical, above -grade tailings disposal cell failure at Coles Hill, as well as the primary criticism of the City's model that the tailings would be disposed of below grade, thereby eliminating the possibility of large-scale release downstream. However, the NAS study specifically dismissed this argument noting that Colorado recently licensed a uranium mine and mill with partially above -grade disposal cells, even though below -grade disposal was the best option. The study concluded that "there are gaps in legal and regulatory coverage for activities involved in uranium mining, processing, reclamation, and long-term stewardship." NAS study at page 179. It also concluded that Virginia has no experience with uranium mining, and that the federal government has little or no experience applying existing laws and regulations to states with wet climates and extreme precipitation events. The study noted that Colorado and Canada have developed rigorous and sustainable uranium mining and milling regulatory programs based upon world-wide best practices. These programs stress fully empowered and funded agencies with strong data -gathering, inspection and enforcement powers. The NAS study was silent on whether Virginia should, or should not lift the existing moratorium on uranium mining, but it did provide a single overarching conclusion: "If the Commonwealth of Virginia rescinds the existing moratorium on uranium mining, there are steep hurdles to be surmounted before mining and/or processing could be established within a regulatory environment that is appropriately protective of the health and safety of workers, the public, and the environment. There is only limited experience with modern underground and open pit uranium mining and processing practices in the wider United States, and no such experience in Virginia. At the same time, there exist internationally accepted best practices, founded on principles of openness transparency, and public involvement in oversight and decision-making, that could provide a starting point for the Commonwealth of Virginia were it to decide that the moratorium should be lifted. After extensive scientific and technical briefings, substantial public input, reviewing numerous documents, and extensive 2 of 5 deliberations, the committee is convinced that the adoption and rigorous implementation of such practices would be necessary if uranium mining, processing, and reclamation were to be undertaken in the Commonwealth of Virginia." NAS study at page 223, emphasis added. The Virginia Beach/Michael Baker Study: The City's study is a computer simulation of downstream water quality impacts from a hypothetical, catastrophic breach of a single, above grade, uranium mine tailings disposal cell. It was prepared by Michael Baker Engineers and the National Center for Computational Hydroscience and Engineering. The model does not simulate how or why a disposal cell might fail — it simulates the outcome if one did as a result of a catastrophic precipitation event. It is a worst case simulation for a single, above grade cell failure in the Banister River watershed. It is a very unlikely event that technology and regulations should prevent. VUI and its consultants have questioned certain aspects of the City's study. The only question with any merit is the argument that the tailings will be stored below grade. The computer simulation is based upon the breach of an above -grade disposal cell. The threat to surface water would be dramatically reduced if the tailings were stored below grade. However, the NAS study specifically dismissed the automatic presumption of below -grade disposal noting that the first mine and mill licensed in more than three decades allowed partially above -grade disposal cells, even though the best solution was below -grade disposal. The original Marline -Union Carbide engineering study of the Coles Hill site in 1983 ruled out below -grade disposal because of groundwater conditions. There have been no groundwater studies to support the feasibility of below -grade disposal, and presentations made to the NAS by the USGS indicated that groundwater in the region was shallow and mobile, although data was limited. VUI is not bound by any plan or statement of intentions in existence today. Mining economics, the price of uranium, and what regulations allow at the time of application will dictate the mining and tailings disposal methods ultimately pursued. It is important to note that VUI's own consultant put the likelihood of below -grade disposal at only 50%. The Phase II results are similar in scope to the Phase I results, although far more detailed with respect to the theoretical contamination of Kerr Reservoir and Lake Gaston, following an assumed catastrophe. Ten to twenty percent of the radioactivity would remain in the water column and flow downstream, passing through Kerr and Gaston. Eighty to ninety percent would settle in the river and reservoirs, mostly in the Banister River. Of the three contaminants modeled, uranium, thorium, and radium, the latter has the most impact in the water column in terms of compliance with the Safe Drinking Water Act (SDWA) and Clean Water Act (CWA). Radioactivity in the sediments is a more significant and longer-term environmental problem than in the water column. The computer simulation indicates that in the aftermath of an assumed catastrophe, radium radioactivity in the main body of Lake Gaston would remain above the SDWA and CWA levels for up to two months during wet years and six to sixteen months during dry years. See attached graph. In the absence of flood control operations, tributaries and coves in both reservoirs would not experience the contamination that would occur in the main body of the two reservoirs. However, flood control operations in Kerr Reservoir would cause contamination to intrude into some of its tributaries and coves. This would not happen in Lake Gaston because Lake Gaston is not operated for flood control. 3of5 In contrast to the other water supply intakes in Kerr Reservoir and Lake Gaston, the Virginia Beach and Chesapeake intake is located in Pea Hill Creek, the largest tributary of Lake Gaston. Under normal conditions, there is a small net flow of water from Pea Hill Creek to the main body of Lake Gaston. However, operation of the Gaston pump station reverses the normal flow of Pea Hill Creek and pulls water from the main body of Lake Gaston into the tributary. At normal operation, the pump station will pull about 5,000 acre-feet of water per month from the main body of the lake into Pea Hill Creek. The volume of water between the intake and the main body of the lake is about 15,000 acre-feet, so it would take about three months for water from the main body of the lake to reach the intake. Most water treatment plants are capable of removing 50-90% of the three radiological contaminants in the City's study. However, this may be a moot issue. Significant resistance to drawing radioactive contaminants into Pea Hill Creek would be expected from the adjacent homeowners and jurisdictions, if not North Carolina. Also, the pipeline discharges into a waterway and lake in Isle of Wight and Suffolk. Adjacent property owners, and perhaps Isle of Wight and Suffolk, would also be expected to object. The City does not have any state and federal permits required by the Clean Water Act to discharge radioactive pollutants into these waterways. Furthermore, it is not clear that the citizens of Chesapeake, Norfolk, or Virginia Beach — or their respective City Councils — would support co -mingling contaminated water with the regional water supplies, even if the directors of utilities recommended it. For these reasons, it is assumed that the response to a catastrophic release of tailings would be to discontinue operation of the Lake Gaston project until the contamination dropped well below state and federal regulatory levels. Alternatives: The alternatives are to leave the existing moratorium in place, rescind it, or update and reaffirm it. Recommendations: The Coles Hill project would have significant benefits to the local economy unless there was one big accident or several small ones. Uranium mining in Virginia could possibly be done safely but the necessary regulatory framework is not in place today and there are "steep hurdles" to overcome before it would be. Although unlikely, extreme natural events combined with human errors could result in a significant tailings release from above grade tailing disposal cells and this would require the Gaston pipeline to shut down for a period of months to more than one year. The latter could cause water shortages in southside Hampton Roads far greater than what occurred in the 1980-81 drought. Although the Nuclear Regulatory Commission will be the regulator of tailings disposal, federal regulators give great weight to the hosting state in all aspects of the regulatory process. Historically, Virginia has not had the regulatory philosophy identified by the NAS as being critical to safely mine uranium in Virginia. It is a valid question to ask if it ever would. While the probability of a major tailings release is small, the consequences are great. It is recommended that City Council reaffirm its opposition to uranium mining and to the lifting of the exiting legislative moratorium on uranium mining. 4 of 5 Prepared By: O , Director of Public Utilities Reviewed By: ' V A -- Deputy City -Man a ger Approved B f�-- ity M nager 5of5 6 _ �► "%z. Date (-(a-► Date (A•U•ka Date Date 1000 100 a Water Column Radium Concentration (G—Main07) 0.1 0.01 0 100 200 300 400 500 600 7( Days Water Column Radioactivity (G—Main07) 1000 0.01 0 100 200 300 400 500 600 70 Days Water Column Uranium Concentration (G—Main07) 1000 a too a e 0 ]0 L C u u C O U ] E 0 R L U 0.1 0.01 0 100 200 300 400 500 600 7C O 'Pn1 �4w•f�J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Agreement Between the City and the Virginia Aquarium & Marine Science Center Foundation, Inc. MEETING DATE: June 12, 2012 ■ Background: The Virginia Aquarium & Marine Science Center Foundation, Inc. ("Foundation"), originally the Virginia Museum of Marine Science Foundation, was organized and chartered as a private non -stock corporation on October 29, 1981, with a tax exempt status under section 501 (c)(3) of the Internal Revenue Code. The Foundation was formed, and has functioned for many years, for the purpose of supporting the Virginia Aquarium & Marine Science Center ("Aquarium") and its programs, assisting in the identification, acquisition and construction of exhibits for the Aquarium, providing financial support for the Aquarium, and inspiring conservation of the marine environment through education, research and sustainable practices. On November 20, 2002, the City and the Foundation entered into an Operating Agreement and a Memorandum of Understanding for the purpose of memorializing the relationship between the parties. The Operating Agreement and the Memorandum of Understanding have since expired. ■ Considerations: The City and the Foundation desire to enter into an Agreement for the purpose of documenting the ongoing, beneficial relationship between the parties. Specifically, the Agreement clarifies the responsibilities of the parties, including insurance requirements, operating procedures, and fleet asset maintenance requirements. A summary of the terms of the Agreement is attached to the Ordinance. ■ Public Information: The public will be informed through the normal agenda process. ■ Attachments: Ordinance, Summary of Terms Recommended Action: Adopt Ordinance Submitting Department/Agency: Department of Museums and Historic Resourcesv City Manager • k SUMMARY OF TERMS Agreement Between the City of Virginia Beach and The Virginia Aquarium and Marine Science Center Foundation, Inc. ("Agreement") Parties: City of Virginia Beach ("City") Virginia Aquarium and Marine Science Center Foundation, Inc. ("Foundation") Purpose: To memorialize the rights and responsibilities of each parry Term: Agreement commences in May 2012 and continues until May 2017; absent termination, after expiration of initial term, Agreement automatically renews for five year terms City's Responsibilities: • Owner and operator of buildings, grounds, and facilities known as Virginia Aquarium & Marine Science Center ("Aquarium"). • Operate and maintain the Aquarium. • Repair Aquarium building. • Pay for routine maintenance and repair of Aquarium exhibits up to $2,500/single repair. • May engage in joint promotional efforts with Foundation. • Provide Foundation with office space and supplies in Aquarium building. • Provide insurance coverage for: (1) liability arising from, and physical damage to, exhibits owned by Foundation; (2) liability arising from ownership or use of motor vehicles, watercraft, and trailers owned by Foundation; and (3) loss, injury or death of live animals, to extent cumulative value of loss exceeds $10,000. • Operate and maintain Aquarium stores and admission facilities. • Sell admission tickets and IMAX tickets. Foundation's Responsibilities: • Own all animals and permanent exhibits. • Pay for repair and maintenance to exhibits to extent cost exceeds $2,500. • Fund upgrading of exhibits, acquisition of new animals, and new exhibits. • Provide insurance coverage for Doucette research vessel. • Acquire, maintain, repair, replace and fuel Foundation -owned motor vehicle, watercraft, and trailers. • Perform maintenance on Foundation -owned motor vehicle, watercraft, and trailers. • Provide quarterly documentation to City confirming required maintenance. • Pay City 25% of gross revenues received by Foundation from use of Aquarium for private functions. • Operate restaurant for provision of food service in Aquarium through subcontract with Sodexo or other operator acceptable to City Manager. • Operate Aquarium Stranding Program. Other Terms: • Modification: Agreement may only be modified by writing, executed by both parties. 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE AN AGREEMENT BETWEEN THE CITY AND 3 THE VIRGINIA AQUARIUM & MARINE SCIENCE CENTER 4 FOUNDATION, INC. 5 6 WHEREAS, the City of Virginia Beach (the "City") is owner and operator of the 7 buildings, grounds and related facilities located in the City of Virginia Beach, known as 8 the Virginia Aquarium & Marine Science Center (the "Aquarium"); and 9 10 WHEREAS, on October 29, 1981, prior to the construction of the Aquarium, the 11 Virginia Aquarium & Marine Science Center Foundation, Inc. (the "Foundation") was 12 organized and chartered as a private, non -stock, corporation under the provisions of 13 Chapter 2, Title 13.1 of the Code of Virginia (1950), as amended, with a tax exempt 14 status under section 501(c)(3) of the Internal Revenue Code; and 15 16 WHEREAS, the Foundation was formed and has functioned for many years for 17 the purpose of: (i) supporting the Aquarium and its programs; (ii) acquiring, leasing or 18 holding real estate necessary for the purposes of the Aquarium; (iii) assisting in the 19 identification, acquisition and construction of exhibits; (iv) providing financial support; (v) 20 receiving gifts, bequests, monies, bonds, grants, scientific equipment and objects of art 21 in support of the Aquarium; and (vi) inspiring conservation of the marine environment 22 through education, research, and sustainable practices; and 23 24 WHEREAS, the Foundation and the City wish to assure the continued success 25 and prosperous growth of the Aquarium in the future by memorializing their long - 26 standing relationship and their respective responsibilities in an Agreement. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute the Agreement between 32 the City and the Virginia Aquarium & Marine Science Center Foundation, Inc., provided 33 the terms of the Agreement are in substantial conformity with the summary attached 34 hereto and in a form deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 37 of 2012. APPROVED AS TO CONTENT: Deplartment of Museums & Historic Resources CA1 2267/R-1 /June 4, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City Attorn s Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Providing Certification to the Virginia Retirement System Regarding Member Contributions by Salary Reduction (2) A Resolution Providing the City Council's Certification of its Employer Contribution Rate (3) A Resolution Providing the City Council's Concurrence with the School Board's Election of VRS Board -Certified Rate MEETING DATE: June 12, 2012 ■ Background: In its 2010 session, the General Assembly amended the relevant sections of the Virginia Code to provide two classes of employees, "Plan 1" and "Plan 2," for purposes of VRS. Plan 1 employees were members of VRS prior to June 30, 2010. Plan 2 employees were those that became members of VRS after July 1, 2010. Chapter 737 of the 2010 Acts of Assembly provided localities the option of requiring Plan 2 employees pay the five percent employee contribution to VRS. The City, by resolution, elected to have its Plan 2 employees pay the employee contribution to VRS. In its 2011 session, the General Assembly required Commonwealth employees pay the five percent employee contribution to VRS. At the same time, the General Assembly provided a five percent increase in total compensation to Commonwealth employees to offset the employee contribution to VRS requirement. In its 2012 session, the General Assembly changed the manner in which localities provide the employee contribution to VRS. Chapter 822 of the 2012 Acts of Assembly requires employees of localities to contribute five percent of their creditable compensation to VRS by July 1, 2016. The employee's payment of the five percent contribution could be accomplished in one year or phased, by whole number percentage, each July 1 from 2012 to 2016. The second enactment of Chapter 822 of the 2012 Acts of Assembly requires localities provide an increase in employee compensation to offset the amount the employee is required to contribute to VRS, which would be in one amount or phased depending on the manner in which the employee is required to contribute to VRS. To comply with this legislation, the City Council, in its recently adopted FY 2013 Operating Budget, provided that the City Manager was to provide a one percent increase in total compensation for Plan 1 employees on July 1, 2012, to offset the requirement that the employee contribute one percent to VRS. In Item 468(H) of its 2012 Appropriation Act, the General Assembly provided an option to localities to choose the employer contribution rate for VRS effective July 1, 2012. This legislation required VRS to disseminate information regarding the fiscal impacts of the choice, and it required all participating employers certify that they reviewed and VRS Certifications Page 2 of 2 understand the information from VRS. This information was provided to City Council by the City Manager in its Friday packet on June 8th. In addition to certifying the employer contribution rate and its understanding of the materials, the City Council is required to certify that it concurs with the School Board's employer contribution rate if the School Board elects the VRS Board rate for the 2012-14 biennium. Both the City and the School Board rates were part of the adopted FY 2013 Operating Budget on May 8, 2012. ■ Considerations: The three attached resolutions are required by the General Assembly, VRS, or both. With the exception of the certification regarding review and understanding of the information provided by VRS, the other certifications are affirmations of previous Council actions that were the subject of the recent budget process or previous budgets. In that respect, many of the items are properly characterized as affirmations of previous Council decisions. The School Board elected by resolution the VRS Board rate for School Board Non -Professional Employees on June 5, 2012. A copy of that resolution is part of this package. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolutions (3); VRS Materials provided to the City; School Board Resolution adopted June 5, 2012 Recommended Action: Approval Submitting Department/Agency: Finance 1(,(_Q' City Manager: , `L ► - 1 A RESOLUTION PROVIDING CERTIFICATION TO THE 2 VIRGINIA RETIREMENT SYSTEM REGARDING MEMBER 3 CONTRIBUTIONS BY SALARY REDUCTION 4 5 WHEREAS, the City of Virginia Beach (VRS #55234) (the "City") employees who 6 are Virginia Retirement System members who commence or recommence employment 7 on or after July 1, 2012 ("FY2013 Employees" for purposes of this resolution), shall be 8 required to contribute five percent of their creditable compensation by salary reduction 9 pursuant to Internal Revenue Code § 414(h) on a pre-tax basis upon commencing or 10 recommencing employment; and 11 12 WHEREAS, the City employees who are Virginia Retirement System members 13 and in service on June 30, 2012, shall be required to contribute five percent of their 14 creditable compensation by salary reduction pursuant to Internal Revenue Code § 15 414(h) on a pre-tax basis no later than July 1, 2016; and 16 17 WHEREAS, such employees in service on June 30, 2012, shall contribute a 18 minimum of an additional one percent of their creditable compensation beginning on 19 each July 1 of 2012, 2013, 2014, 2015, and 2016, or until the employees' contributions 20 equal five percent of creditable compensation; and 21 22 WHEREAS, the City may elect to require such employees in service on June 30, 23 2012, to contribute more than an additional one percent each year, in whole 24 percentages, until the employees' contributions equal five percent of creditable 25 compensation; and 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 WHEREAS, the second enactment clause of Chapter 822 of the 2012 Acts of Assembly (SB497) requires an increase in total creditable compensation, effective July 1, 2012, to each such employee in service on June 30, 2012, to offset the cost of the member contributions, such increase in total creditable compensation to be equal to the difference between five percent of the employee's total creditable compensation and the percentage of the member contribution paid by such employee on January 1, 2012. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: The City of Virginia Beach (VRS #55234) does hereby does hereby certify to the Virginia Retirement System Board of Trustees that it shall effect the implementation of the member contribution requirements of Chapter 822 of the 2012 Acts of Assembly (SB497) according to the following schedule for the fiscal year beginning July 1, 2012 (i.e., FY2013): Type of Employee Employer Paid Member Contribution Employee Paid Member Contribution Plan 1 4% 1 % Plan 0% 5% FY2013 Employees 0 % 15% 43 44 BE IT FURTHER RESOLVED, that such contributions ("Employer Paid Member 45 Contribution" in the chart, supra), although designated as member contributions, are to 46 be made by the City in lieu of member contributions; and 47 48 BE IT FURTHER RESOLVED, that pick up member contributions shall be paid 49 from the same source of funds as used in paying the wages to affected employees; and 50 51 BE IT FURTHER RESOLVED, that member contributions made by the City 52 under the pick up arrangement shall be treated for all purposes other than income 53 taxation, including but not limited to VRS benefits, in the same manner and to the same 54 extent as member contributions made prior to the pick up arrangement; and 55 56 BE IT FURTHER RESOLVED, that nothing herein shall be construed so as to 57 permit or extend an option to VRS members to receive pick up contributions made by 58 the City directly instead of having them paid to VRS; and 59 60 BE IT FURTHER RESOLVED, that notwithstanding any contractual or other 61 provisions, the wages of each member of VRS who is an employee of the City shall be 62 reduced by the amount of member contributions picked up by the City on behalf of such 63 employee pursuant to the forgoing resolutions. 64 65 NOW, THEREFORE, the City Manager or designee is hereby authorized and 66 directed to carry out the provisions of this resolution, and the City Manager or designee 67 is authorized and directed to pay over to the Treasurer of Virginia from time to time such 68 sums as are due and to be paid by the City for this purpose. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L-11 :,VD21 MI! _ � CA12292 R-1 May 30, 2012 `y 1 y s ffice 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 A RESOLUTION PROVIDING THE CITY COUNCIL'S CERTIFICATION OF ITS EMPLOYER CONTRIBUTION RATE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: The City of Virginia Beach (VRS #55234) does hereby acknowledge that its contribution rates effective July 1, 2012 shall be based on the higher of a) the contribution rate in effect for FY 2012, or b) seventy percent of the results of the June 30, 2011 actuarial valuation of assets and liabilities as approved by the Virginia Retirement System Board of Trustees for the 2012-14 biennium (the "Alternate Rate") provided that, at its option, the contribution rate may be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(1) resulting from the June 30, 2011 actuarial value of assets and liabilities (the "Certified Rate"); and BE IT ALSO RESOLVED, THAT The City of Virginia Beach does hereby certify to the Virginia Retirement System Board of Trustees that it elects to pay the following contribution rate effective July 1, 2012: 15.68% BE IT ALSO RESOLVED, THAT: The City of Virginia Beach does hereby certify to the Virginia Retirement System Board of Trustees that it has reviewed and understands the information provided by the Virginia Retirement System outlining the potential future fiscal implications of any election made under the provisions of this resolution; and NOW, THEREFORE, the City Manager or designee is hereby authorized and directed to carry out the provisions of this resolution, and the City Manager or designee is authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due and to be paid by the City for this purpose. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2012. APPROVED AS TO CONTENT I APPROVED AS TO LEGAL SUFFICIENCY: Finance CA12297 / R-1 / May 30, 2012 1 A RESOLUTION PROVIDING THE CITY COUNCIL'S 2 CONCURRENCE WITH THE SCHOOL BOARD'S 3 ELECTION OF VRS BOARD-CERTIFIED RATE 4 5 6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 The City of Virginia Beach (VRS #55234) does hereby acknowledge that the School 10 Board of the Virginia Beach City Public Schools has made the election for its 11 contribution rate to be based on the employer contribution rate certified by the Virginia 12 Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(1) resulting 13 from the June 30, 2011 actuarial value of assets and liabilities(the "Certified Rate"); and 14 affirms its intent to have Plan 1 employees contribute one percent of their compensation 15 by salary reduction to VRS with the City providing a one percent increase in total 16 compensation; and 17 18 BE IT ALSO RESOLVED, THAT: 19 20 The City of Virginia Beach does hereby certify to the Virginia Retirement System Board 21 of Trustees that it concurs with the election of the School Board of the Virginia Beach 22 City Public Schools to pay the Certified Rate, as required by Item 468(H) of the 2012 23 Appropriation Act; and 24 25 NOW, THEREFORE, the City Manager or designee is hereby authorized and 26 directed to execute any required contract to carry out the provisions of this resolution. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: � dl CA12298 R-1 May 30, 2012 Virginia Retirement System Upcoming Changes to VRS Contribution Rates Webinar Questions 5/2/12 Presentation 1. After the presentation, will you email the PowerPoint that was shared? The Upcoming Changes to VRS Contribution Rates webinar was recorded and is currently available on the VRS website. This Q&A document that includes questions from the webinar is also posted on the website as a .pdf file. 2. Will you provide a link to the 2011-12 and 2012-13 VRS Board Certified Rates on the Q & A document? Employer contribution rates are specific to individual employers and are included in the resolution packet that was mailed to your Primary Administrative Authority on Wednesday, May 2. If you have questions about your rates, contact your employer representative. httP://www.va retire.org/Em plovers/Support/Em plover -Representative -Tea m.asp 3. Do you have an information sheet for employees explaining why they will be paying the 5% cont. rate and the salary increase? This information is included in the resolution packet that was mailed to your Primary Administrative Authority on Wednesday, May 2. In addition, Senate Bill 497 addressed the payment of member contributions. Resolution Packets 4. Have the resolution packets been mailed yet? Who are the packets addressed to? Resolution packets were mailed out on Wednesday, May 2 and addressed to the Primary Administrative Authority. 5. If your agency did not get a link to the rates spreadsheet by email, how do you get it? Emails were sent on April 16 with information regarding employer contribution rates. If you have not received an email, you may contact your Employer Representative for information. The resolution packet with your agency's customized choices was mailed on May 2. 6. Do the new rates include Group Life Insurance and Health Insurance Credit? Q&A Contribution Rates Webinar 5/2/2012 The resolution packets will contain the new group life rate and the health insurance credit if applicable. 7. Since July 1st is a Sunday, do we have until July 2nd to get the resolution passed? No. All resolutions must be passed by July 1, so you will need to plan ahead to ensure it is passed by your governing body or bodies in time to accommodate this legislatively required deadline. 8. The requirement is that the resolution must be approved by July 1, 2012. What if my governing body does not approve it? Every employer is required to pay contributions to VRS. If the budget were based on the VRS Board certified rates they can choose that rate. The default rate is the higher of the current (FY 2012) Board certified rates or 70% of the FY 2013 Board certified rates. Opting for the FY 2013 Board certified rate requires an election by your governing body. All governing bodies are required by the Appropriation Act language to certify via a resolution that they have reviewed and understand the information provided by VRS on the potential future fiscal implications of electing or not electing to use the FY 2013 Board certified rates. 9. The approvals are required by the school board for schools, local governing body for localities, but what about other non -state employers? All non -state VRS employers must decide on the member contribution and the employer contribution by no later than July 1, 2012. 10. Would we need two resolutions: one designating the employer contribution rate and one designating the member contribution rate? Yes; that is correct. 11. Will we need to prepare two separate resolutions for 10 month and 12 month employees? No; your 12 month employees will pay the selected rate beginning in July. Your 10 month employees would begin paying that same rate in September. 12. Is the resolution only needed for the non-professional group, and a school division is not required to have the Board of supervisors approve the resolution, because the school board is the governing body? The school board must also have the concurrence of the locality's governing body if it opts for the FY 2013 Board certified contribution rates for its non-professional employees. If selecting the Board Certified rate, both the school board and the governing body must sign. 13. Are both the school board and the board of supervisors or city council required to sign the resolution if we use the alternate rate? Q&A Contribution Rates Webinar 5/2/2012 No; the school board and the board of supervisors are only required to sign the resolution if the VRS Board certified rate (FY 2013 rate) is selected. 14. Would a resolution be required for the School Division if the alternate rate is selected? The school division must make a decision about member contributions for both the teacher and non-professional employer codes. The school division must make a decision regarding the employer contribution rate for the non-professional employer code as well. The concurrence of the locality's governing body is only required if the school board chooses to pay the FY 2013 VRS Board certified employer contribution rates for its non-professional employees. No concurrence from the locality's governing body is required for the school board's decisions related to how they are going to implement the member contributions and salary increases required by SB497 (Chapter 822 of the 2012 Acts of Assembly). 15. If we signed a resolution last year that stated we would pay the employees' contribution, is that now null & void? Your current resolution is not null and void, but you will have to reverse that decision by at least 1% this July. The bill requires all members to pay at least 1% beginning July 1, 2012, and to be paying the entire 5% by July 1, 2016. 16. Would we need to rescind our existing VRS resolution from July 2011 if we required VRS Plan 2 employees to begin paying 1% on 7/1/11 and now plan to require ALL employees (VRS Plans 1 & 2) to pay 5% effective 7/1/12? Signing a new resolution that requires employees to pay the full 5% would override the prior resolution in existence. 17. Is it too late for VRS to set a default for each resolution so that based on the employer's choice, the employer may not have to do a resolution at all? There is no way to set a default so that an employer will not have to do a resolution. The language in the Appropriation Act requires all employers to pass a resolution certifying that they have reviewed and understand the information provided by VRS outlining the potential future fiscal implications of electing or not electing to utilize the employer contribution rates certified by the VRS Board (FY 2013 certified rates). So even if an employer does not opt for the Board certified rate, it must still pass a resolution. 18. At what point will each individual school division receive the long-term effect of the choice as stated in the legislation? The intent of the budget bill is to offer localities and schools some budget relief for the coming fiscal year with respect to the amount of their retirement contributions. However, the budget bill does not change the Board-certified rate or the Annual Required Contribution (ARC). Therefore, if you are considering paying less than the certified rate for 2012-2014, please be aware that using an optional rate will: Q&A Contribution Rates Webinar 5/2/2012 • Reduce contributions to your employer account and the investment earnings they would have generated, which will mean there will be fewer assets available for benefits. • Result in a lower funded ratio when the next Actuarial Valuation is performed and, thus, a higher calculated rate at that time. • Require that you include the Net Pension Obligation (NPO) under GASB Standards in the notes to your financial statements. 19. Is there a resolution related to group life insurance? This legislation does not require a resolution for group life insurance. However, if you do not currently offer group life insurance, but want to begin to do so, a resolution would be required. Employer Rates 20. Are the FY 2011-12 and FY 2012-13 VRS Board Certified Rates for school division non-professional employees publicly available? Will you provide a link to the FY 2011-12 and 2012-13 VRS Board Certified Rates on the Q & A document? While these rates are not published, they were provided to you in the email sent on April 16, 2012. If you did not receive this email or have further questions, please contact the VRS Employer Representative team. 21. Please review the increases in the percentage of the employer contribution rates? The minimum contribution rates are as follows: Effective July 1, 2012, the employer rate is the higher of a) the contribution rate in effect for FY 2012, or b) 70% of the results of the June 30, 2011 actuarial valuation of assets and liabilities as approved by the Virginia Retirement System Board of Trustees for the 2012-14 biennium, 80% of the results of the June 30, 2013 actuarial valuation of assets and liabilities as approved by the Virginia Retirement System Board of Trustees for the 2014-16 biennium, 90% of the results of the June 30, 2015 actuarial valuation of assets and liabilities as approved by the Virginia Retirement System Board of Trustees for the 2016-18 biennium, 100% of the results of the June 30, 2017 actuarial valuation of assets and liabilities as approved by the Virginia Retirement System Board of Trustees for the 2018-20 biennium. Localities may elect the actual (FY 2013) Board certified rates instead. 22. What is the potential "downside" to electing the alternate funding rate? In most cases, selecting the alternate rate results in a lower contribution rate than the VRS FY 2013 Board certified rate. The FY 2013 VRS Board certified rate is the actuarially determined appropriate rate to properly fund the benefits promised. If you are considering using the Alternate Rate, please be aware that doing so will: Q&A Contribution Rates Webinar 5/2/2012 • Reduce contributions to your employer account and the investment earnings they would have generated, which will mean there will be fewer assets available for benefits. • Result in a lower funded ratio when the next Actuarial Valuation is performed and, thus, a higher calculated contribution rate at that time. • Require that you include the Net Pension Obligation (NPO) under GASB Standards in the notes to your financial statements. 23. Are school boards also afforded the option to pay 70% of the 11.66% teacher rate for the coming two-year period? No; the 11.66% employer contribution rate has already been adjusted accordingly. 24. Is the employer contribution rate for the teachers going to be 11.66% for the 2013-14 year also? Yes; the 11.66% contribution rate for school boards will remain the same. 25. Will the employer rate continue to go up each year? The employer contribution rate is evaluated every year with biennial rate setting. 26. Will the rates for group life insurance and retiree health insurance credit be as quoted in the December memo? The group life insurance is 1.19%. The HIC in your rate letter in the December memo remains the same. Member Contributions 27. Is there still some discussion about member contributions increasing to 6%, and if so, when will we have a final answer? The current statute requires a member contribution of 5%. There were no changes to this statute during the 2012 General Assembly session. 28. How much of the member contribution do our existing employees have to pay? Existing employees must commence paying their 5% member contribution on July 1, 2012. Employers have the option to require their employees to pay the full 5% or phase it in, as long as the employee is paying the full 5% by July 1, 2016. 29. Will the employee contribution be calculated and sent to VRS with the same process as the employer contribution (i.e. 1/12 of the annual salary x 5% at the end of the reported month)? Yes. Q&A Contribution Rates Webinar 5/2/2012 30. Will new hires after July 2012 need to be reported separately from Plan 2 employees? No. 31. Are nonprofessionals required to pay their employee contribution? Yes; all VRS-covered employees in school divisions and political subdivisions must begin paying a member contribution, beginning July 1, 2012, with an offsetting salary increase for members in service on June 30, 2012. 32. For the teachers only group, do we have the option to phase in percentage for current teachers? Yes; you may elect to phase in the 5% member contributions for teachers. 33. Has a decision been made regarding how to handle employees on 10 month contracts who will not receive their pay increase until September, but are required to pay their 5% starting July? Employees on 10 month contracts will pay the 5% contribution when creditable compensation is reported to VRS. 34. How will this affect payroll reporting for members that are reported 12 times a fiscal year? The creditable compensation increases by the amount of the phased in member contribution. 35. Is the member contribution portion withheld from paychecks and remitted by employer the same as the employer contribution? No; each employer has a unique employer contribution rate. 36. Will there be any paperwork required for employees to sign/submit in order to deduct the 5% from their pay? No; not for VRS purposes. 37. How does the offsetting pay increase work? Employers are required to provide an offsetting pay increase for every percentage of the member contribution that they are requiring the employee to pay. For example, if an employer chooses to phase in the contributions and requires employees to pay 3% the first year, the employer is required to pay the remaining 2% contributions and provide a 3% offsetting pay increase to employees. Keep in mind that this is only for existing employees. Employers are not required to provide an offsetting pay increase for any employees hired or re -hired after July 1, 2012. 38. If the employee pays the full 5% member contribution beginning in July, will the employer need to offset the 5% each year? If you give an offsetting pay raise immediately and go to the full 5%, the 5% member contribution would already be fully offset. Q&A Contribution Rates Webinar 5/2/2012 39. Is the offsetting salary increase part of an employee's base salary reported to VRS? Yes; the offsetting salary increase is considered as part of an employee's base salary. 40. Does the pay increase have to be in the form of credible compensation or can it be a 'supplement' or'benefit' pay that is non-VRS eligible? The offsetting pay increase must be an increase to the creditable compensation. 41. In the case of existing employees, as the contribution percent increases from 1 to 5 percent, is the employer required to provide offsetting salary increases up to the entire 5 percent, or does the employee pay for the contribution increases from 2 to 5 percent? If you are phasing in the member contribution rate, an offsetting salary increase is required for each increase in the member contribution. 42. Who would be considered a new employee and have to pay the full 5% contribution immediately? A new employee is any employee who has been hired or re -hired on or after July 1, 2012. To clarify, this means that any employee who is new on your payroll for July 2012 will be required to pay the full 5% member contribution with no offsetting pay increase. This includes employees who have been reported by you in the past and then return to your payroll after a break in service and employees who come to you with previous VRS service in their record. In addition, teachers who complete a contract with one school district and sign a contract with a new school district would be required to pay the full 5% member contribution with the new school district with no offsetting pay increase. 43. If a person is rehired and in Plan 1, will they pay the same rate (say 1%) that the current Plan 1 employees are paying? All new hires will pay the full 5% member contribution, regardless of whether they are in Plan 1 or Plan 2. 44. We have a new hire who was approved and accepted for a start date of August 2012 during a March board meeting before legislation was finalized. Does this employee have to pay the 5% contribution? Yes; there is no provision in the law to exempt the new employee from the requirements. 45. Do you have to give an offsetting pay increase to new employees after July 1, 2012 who are required to pay the full 5% member contribution? While it is required for all new employees as of July 1, 2012, to pay the full 5% member contribution, employers are not required by the legislation to provide an offsetting salary increase. 46. When phasing in the 5% member contributions, is the subsequent year % phase-in increase based on the base year salary or prior year salary? Q&A Contribution Rates Webinar 5/2/2012 The subsequent phase in rate would be a percentage of the creditable compensation reported for July of the subsequent year. 47. Are new employees coming in July 1, 2013, required to pay full 5% contribution, or would they pay whatever the phase in amount is at that time as determined by the school division? All new or rehired employees who are added to the payroll after July 1, 2012, are required to pay the full 5% contribution, even if existing employees are phasing in contributions. 48. If an employee is currently in a part time position (non-VRS covered position), is he required to start paying the full 5% contribution if he is transferred to a full time position on or after July 1st? Yes; if a member is not in service in a VRS-covered position on June 30, 2012, he or she would be considered a new or rehired employee as of July 1, 2012, and would be required to begin paying the full 5% member contribution immediately. The employer would not be required to provide an offsetting pay increase. 49. What if an employee is docked (or on LWOP) and doesn't have the salary to pay their 5% member contribution? You would not report the employee for retirement for that month, and he would not earn a month of service. Upon returning to your payroll, the employee would be subject to the 5% contribution. 50. If part-time employees are not required to pay VRS contributions, do you recommend that these part-time employees receive the same pay increase that VRS-eligible employees will receive? While the legislation requires a salary increase to offset the increase in the member contributions the employee will be paying, part time employees are not VRS members; therefore, this would be a personnel decision unique to each employer. 51. If new employees are required to pay the 5% member contribution starting July 1, 2012, was it taken into consideration that net pay for new hires will be less unless separate pay scales are created for new employees with a higher base pay? Do you recommend this? VRS' role is limited to administering the benefits in Title 51.1 of the Code of Virginia, which are passed by the General Assembly. VRS is not in the position to make recommendations concerning pay scales. 52. We are a brand new facility and most of our employees will be hired 7/1/12. Can we give them the 5% raise to cover the member contribution so all of our officers will be in line with the ones who came on 4/1/12? The only required pay increases are for employees in service as of June 30, 2012; however, you may choose to provide offsetting pay increases to new employees in order have parity at your facility. The choice to provide new employees with pay increases is at the sole discretion of the employer. Keep in mind that all new hires must pay the full 5% member contribution. See question 42. Q&A Contribution Rates Webinar 5/2/2012 53. Could you explain how the member contribution will be taxed? The new legislation requires that a member receive a 5% salary increase to offset the 5% contribution. This salary increase will result in an increase to the member's gross wage. Each month, the 5% is deducted from a member's paycheck. Medicare, Social Security and FICA taxes are now based on the member's new gross wage. These deductions will increase because the member's gross wage has increased. The 5% contribution is pre-tax, so the member will not pay federal or state taxes on this amount. Because the contribution is pre-tax, the IRS doesn't require it to be reported. To help clarify, let's look at an example. A member who is currently receiving a salary of $40,000 gets an offsetting 5% salary increase. His new gross wage is $42,000. He will now pay Medicare, Social Security and FICA taxes based on the $42,000. Then the 5% contribution is deducted. The remaining amount becomes his taxable wages. Note: SB497 language requires that the 5% member contribution must be made through salary reduction according to the IRC 414(h). The VRS member contributions paid by the employee on a pre-tax basis or paid by the employer for the employee are covered under IRC Section 414(h)(2). This is the case for both Plan 1 and Plan 2 employees. On page 9 of the Instructions for forms W-2 and W-3 (2011), the IRS provides the instructions for reporting items in Box 12. In the instructions for Box 12 is the following, ".... Do not report in box 12 section 414(h)(2) contributions (relating to certain state or local government plans). Instead, use box 14 for these items and any other information that you wish to give your employee...... Most employers, including the state, do not report the member contributions on the form W-2 since the reporting is not required by IRS. 54. Using an example where salary is $30,000: The increase would be $1500. When this is added to the $30,000, the employee's salary is now $31,500. So when you take 5% of $31500, the contribution is $1575. This means the employee is paying out of pocket an additional $75. Is this correct? Yes; this is correct. 55. Would new employees hired after July 1, 2012, have the option of opting out of the employer sponsored VRS retirement plan? No; VRS membership is a condition of employment 56. What if an employee retirement package has been sent off with an August 1st date with the current salary (not the July 1st increased salary); will this salary change delay the retiree receiving their first retirement check? You should notify VRS and amend the member's final creditable compensation. Q&A Contribution Rates Webinar 5/2/2012 57. Once an employee retires, would that reduce the amount of taxable distributions? No; since taxes are not being paid now, they would be taxable in the distribution. 58. If we are a locality where employees already pay the 5% member contribution, are there any changes that have to be made? No; there were 37 localities whose employees already pay the 5% member contribution. They were notified in their resolution packet that they only had to choose between the Board certified FY 2013 employer contribution rate and the alternate rate. 59. This change is not helping to reduce the deficit, but rather we are shifting who is making the payment. What is the justification for this change? This change will align VRS with the majority of public retirement plans whose employees make contributions. 60. What would be the advantage to phasing in the member contribution if the employer is going to have to provide an offsetting pay increase? The phase in schedule allows some flexibility to those whose budgets would be stressed to provide the full 5% member contribution increase immediately. 61. What are the disadvantages of requiring employees to pay the full 5% member contributions immediately? Requiring employees to commence paying the full 5% would have an immediate effect on your payroll, particularly with respect to the offsetting salary increases, as well as any increases in costs for all salary -based benefits. 62. If an agency decides to phase in the member contribution rates, will the monthly reports need to differentiate the full contribution rates for the employees hired on or after July 1, 2012? No, VRS will programmatically recognize the new hires by the first reporting date. 63. What affect will this legislation have on current buy back contracts? Will that rate remain the same? The creditable compensation will increase with the offsetting pay increase, and this will affect the cost for purchase of prior service. When the annual salary increases, the buy back amount will increase based on the rate of eligibility for which the member is under contract. 64. Are you willing to conduct a survey to determine what school divisions plan to phase in the new legislation and by how much and what divisions plan to implement the 5% requirement the first year? Q&A Contribution Rates Webinar 5/2/2012 VRS does not plan to conduct a survey regarding contribution rates. We will record the decision of each locality after receiving resolutions from our employers. Other Issues 65. Since VRS salaries are increasing, will optional life premiums increase on the common date or July 1, 2012? Any optional life insurance premium updates will take place on the common date. 66. What is the impact on the VRS Modernization project with these changes? VRS has considered legislation in the Modernization project plan. We are not anticipating any significant impact at this time. 67. Will online reporting be ready for use in time for the August reporting of July payroll? No, we are looking at an October conversion for VNAV. *Please note - questions regarding additional legislative changes are not addressed in this Q&A. Please visit the 2012 Legislative Summary on the VRS website for more information on 2012 legislation. Q&A Contribution Rates Webinar 5/2/2012 Employer Contribution Rates for Counties, Cities, Towns, School Divisions and Other Political Subdivisions (In accordance with the 2012 Appropriation Act Item 468(H)) Resolution BE IT RESOLVED, that the City of Virginia Beach School Board, employer code 55534, does hereby acknowledge that its contribution rates effective July 1, 2012 shall be based on the higher of a) the contribution rate in effect for FY 2012, or b) seventy percent of the results of the June 30, 2011 actuarial valuation of assets and liabilities as approved by the Virginia Retirement System Board of Trustees for the 2012-14 biennium (the "Alternate Rate") provided that, at its option, the contribution rate may be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(I) resulting from the June 30, 2011 actuarial value of assets and liabilities (the "Certified Rate"); and BE IT ALSO RESOLVED, that the City of Virginia Beach School Board, employer code 55534, does hereby certify to the Virginia Retirement System Board of Trustees that it elects to pay the following contribution rate effective July 1, 2012: (Check only one box) X The Certified Rate of 9.11% ❑ The Alternate Rate of %; and BE IT ALSO RESOLVED, that the City of Virginia Beach School Board, employer code 55534, does hereby certify to the Virginia Retirement System Board of Trustees that it has reviewed and understands the information provided by the Virginia Retirement System outlining the potential future fiscal implications of any election made under the provisions of this resolution; and NOW, THEREFORE, the officers of the City of Virginia Beach School Board, employer code 55534, are hereby authorized and directed in the name of the City of Virginia Beach School Board to carry out the provisions of this resolution, and said officers of the City of Virginia Beach School Board are authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by the City of Virginia Beach School Board for this purpose. FINALLY RESOLVED: That a copy of this resolution be spread across the minutes of this Board. Adopted by the School Board of the City of Virginia Beach this 5 1 day of June 2012. 72>� gp - Daniel D. E wards, Chairman Attest: Dianne Page Alexa der, Clerk of the Board CERTIFICATE I, Dianne Page Alexander, Clerk of the City of Virginia Beach School Board, certify that the foregoing is a true and correct copy of a resolution passed at a lawfully organized meeting of the City of Virginia Beach School Board held at Virginia Beach, Virginia at 6:15 PM on June 5, 2012. Given under my hand and seal of the City of Virginia Beach School Board this 5`h day of June, 2012. Clerk of the B&A �,OWO,�d i e Q o- ry CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Designate the Trust for Public Land as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: June 12, 2012 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property, and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ■ Considerations: The Commissioner reviewed the application and finds the following applicant qualifies for exemption from real and personal property taxes: The Trust for Public Land ■ Public Information: A public hearing for this item will be held on June 12th at the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinance; City Council Policy on Tax Exemption by Designation; Commissioner of Revenue Summary of the Application Recommended Action: Approval Submitting Department/Agency: Commissioner of the Revenue 19L City Manager: �' 1 AN ORDINANCE TO DESIGNATE THE TRUST FOR 2 PUBLIC LAND AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local taxation for the Trust for Public Land. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates the 13 Trust for Public Land as a charitable organization within the context of § 6(a)(6) of Article X 14 of the Constitution of Virginia. 15 16 2. That real and personal property owned by the Trust for Public Land located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) the use of the property for exclusively charitable purposes; 23 24 (b) that each July 1 wherein the Trust for Public Land owns real or personal 25 property within the City, it shall file with the Commissioner of the Revenue a 26 copy of its most recent federal income tax return, or, if no such return is 27 required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2014, the Trust for Public Land 31 shall file an exemption application with the Commissioner of the Revenue as 32 a requirement for retention of the exempt status of the property; and 33 34 (d) that the Trust for Public Land cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records, compliance with the 36 terms of this ordinance. 37 38 4. That this ordinance is effective immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: ommissione f the Revenue CA12282 R-1 May 15, 2012 APPROVED AS TO LEGAL SUFFICIENCY: J it ey s Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: The Trust for Public Land 2610 University Ave Ste 300 St. Paul, MN 55114 Website: http://www.tpl.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The Trust for Public Land (TPL) is a national nonprofit 501(c) 3 organization that conserves land for people to enjoy as parks, gardens, historic sites, rural lands, and other natural places. They work from the inner city to the wilderness, ensuring livable communities for generations to come. TPL expects to acquire a 118 acre parcel in June 2012 from Redus VA Housing LLC a wholly owned subsidiary of Wells Fargo, N.A. The City of Virginia Beach is expected to acquire approximately 108 acres of the property in July 2012 from TPL. Chesapeake Bay Foundation Inc (CBF) is expected to acquire the remaining 10 acre parcel no later than March 29, 2013. CPF is a 501(c) 3 organization that is exempt from personal and real property taxation pursuant to 58.1-3650.11. CPF will be granted full access and use of the property for initial environmental education programming and testing during the transition period by TPL. TPL is requesting exemption from real property taxes until the property is transferred to the Chesapeake Bay Foundation. The undeveloped property is comprised of approximately 10 acres of shoreline between Crab Creek and Pleasure House Creek. TAX IMPACT: Waterfront property assessment rate is $240,000 per acre. Non -waterfront property assessment rate is $130,000 per acre Tax impact between $11,570 and $21,360 for ten (10) acre Business Property: Assessment: None Tax: None Personal Property Assessment: None Tax: None Real Property Assessment: Unknown Tax: Unknown RELEVANT INFORMATION: IRS Granted 501 (c) 3 status — February, 1978 OriQi_4ncr1 Proposal r o.a G t V Co u n- cil Policy Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adagtiatz February 3, 2004 Dates of Revisions May 6, 2008 Page I of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for 'local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided. in Virginia Code § 58:1-3651, the local governing body must adopt an ordinance to exempt the property- 2.0 roperty 2.0 Poli The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing .:teeorganization.aA y revocaf;rt of 2ti exert :pdo.� shad be e5ec ve a: the ratee and a nearing to :he beginning of the tax year during which the revocation occurs. The applicant or a zepresentative of the applicant shah provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2 of 4 1. The organization must be exempt from federal income tax pursuant to internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-pro$t purposes benefiting the non-profit organization applying for exemption 3. The organization must be in compliance with all City ordinances and regulations {inducting but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the .public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on forms) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2, Pursuant to Virginia Code § 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this pCsli� y, -14 in "epj�3nce 't�?� _.,y ordiri$n=e g"S ?ting tax exeia!iu� ii. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) oi°Arricle 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. if the organizzafion is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code §58.1-3661), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption. February 3, 2004 Dates o{ Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based an the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shill prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications . are properly advertised and placed on the .City. Council's agenda for a public hearing and formai consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the. Revenue. 5. Any exemptions granted shall be effective as of the next January 1. . 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Reslonsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall zest with the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Resporsib1lity for the final determination of the pubic benefits resulting from tax exemption shall rest exclusively with the City Council. 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or.intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tam" ble personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. Tide: Ciry Ccuncil Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: .February 3, 2004 Dates of Revisions: May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or.intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tam" ble personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. rod}4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Authorizing Water and Sewer Service to be Provided to a Lessee or Tenant Without Written Authorization From the Property Owner. MEETING DATE: June 12, 2012 ■ Background: The 2012 General Assembly has enacted legislation (HB 567), requiring localities to obtain written authorization from a property owner before providing water and sewer services to a lessee or tenant. However, the legislation also allows localities to adopt a resolution establishing that service may be provided to a lessee or tenant without the property owner's authorization. If such a resolution is adopted, the locality may not place liens for unpaid charges on the property. The legislation applies to all water and sewer service contracted for after July 1, 2012. ■ Considerations: The Department of Public Utilities consistently recovers a very high percentage of billed revenues — typically 99.6% or better. Public Utilities is very effective in collecting monies owed by legal means that do not include liens. Liens are expensive to process, require a significant amount of staff time and are not cost- effective as a means of collection. More than twenty years ago, Public Utilities abandoned a program that required deposits from all new customers because the program was administratively burdensome, did not produce benefits worth the effort, and was an inconvenience to certain customers and a hardship to others. Given the high number of renters and renter turnover in Virginia Beach, it is estimated that it would require one to two new FTE's to handle the necessary owner authorizations; as a result, it is more cost-effective to provide water and sewer service to tenants and lessees without requiring authorization from the property owner. ■ Public Information: Public information has been provided through the normal Council agenda process. IN Recommendations: Public Utilities believes that its current business practices, which do not include customer deposits or placing liens on properties resulting from unpaid tenant or lessee charges, are efficient, effective, and customer -friendly. It is recommended that the City take advantage of the opt -out provisions of HB 567 and adopt the attached resolution. ■ Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: Department of Public Utilities JM City Manager •{ -] % , 1 A RESOLUTION AUTHORIZING THE 2 DEPARTMENT OF PUBLIC UTILITIES TO PROVIDE 3 WATER AND SEWER SERVICE TO LESSEES AND 4 TENANTS OF PROPERTY WITHOUT WRITTEN 5 AUTHORIZATION FROM THE PROPERTY OWNER 6 7 8 WHEREAS, the 2012 General Assembly enacted legislation amending Virginia 9 Code Section 15.2-2119 so as to require localities to obtain a written authorization form 10 from a property owner in order to provide water and sewer services contracted for after 11 July 1, 2012 to a lessee or tenant; and 12 13 WHEREAS, such legislation allows localities to adopt a resolution establishing 14 that service may be provided to a lessee or tenant without first receiving an 15 authorization form from the property owner, and that if such a resolution is adopted, the 16 locality may not place liens for unpaid water and sewer charges on the property; and 17 18 WHEREAS, property liens have not been utilized by the Department of Public Utilities 19 as a means of collecting delinquent water and sewer bills because they are unnecessary and 20 not cost-effective; and 21 22 WHEREAS, the Department of Public Utilities has been very efficient in collecting 23 monies owed by means other than property liens, typically recovering 99.6% or more of billed 24 revenues; and 25 26 WHEREAS, the Department of Public Utilities estimates that processing written 27 authorizations from property owners to allow water and sewer service to be provided to tenants 28 and lessees of property would require one or two additional FTE's, would not be cost-effective, 29 and would constitute an inconvenience to both property powers and tenants; 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 32 VIRGINIA BEACH: 33 34 1. That the Department of Public Utilities is hereby authorized to provide water and 35 sewer service to lessees and tenants of property without obtaining an 36 authorization form from the property owner, in accordance with the provisions of 37 Virginia Code Sections 15.2-2119; and 38 39 2. That no liens may be placed on property for unpaid bills for water and 40 sewer service provided to a lessee or tenant of such property. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Adopted by the City Council of the City of Virginia Beach, Virginia, on the .2012. CA -12279 R-1 May 16, 2012 APPROVED AS TO CONTENT: Department of Public Utilities APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 day of CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the FY 2013 Annual Appropriation Ordinance to Align Funding with the School Board's Amended Budget Request MEETING DATE: June 12, 2012 ■ Background: At its March 6, 2012 meeting, the School Board adopted its budget request. The FY 2013 Annual Appropriation Ordinance was adopted by City Council at its May 8, 2012 meeting. The City's appropriation provided a two percent raise for School employees, which was less than the three percent raise that was the basis for the Board's budget request. The City Council adopted a total appropriation for Schools of $847,823,971. The -$3,728,043 that was provided as "City Manger Adjustment" was a placeholder for the difference between the two percent funded raise and the three percent requested. On May 15th, the School Board adopted a resolution to reconcile the appropriations provided by City Council and the previous budget request of the School Board (the "Resolution"). The Resolution requests that the City Council amend the adopted FY 2012-13 Annual Appropriation Ordinance to align funding as follows: Fund/Category City Adopted May 8th School Board Requested May 15th Difference 115 — School Operating Fund Instruction $522,820,730 $519,982,919 Administration, Attendance and Health $21,434,692 $21,325,235 Transportation $30,154,558 $29,800,231 Operations and Maintenance $87,242,879 $86,274,376 Debt Service $44,747,986 $44,747,986 City Manager Adjustment $3,728,043 $0 115 —School Operating Fund Total $702,672,802 $702,130,747 ($542,055) 106 — School Technology Fund $26,338,973 $26,881,028 $542,055 107 — School Equipment Replacement Fund $902,602 $902,602 No Change 109 — School Vending Operations $329,561 $329,561 No Change 112 — Communication Tower Technology Fund $600,000 $600,000 No Change 114 — School Cafeteria Fund $28,343,127 $28,343,127 No Change 116 —School Grants Fund $68,578,220 $68,401,312 ($176,908) 117 — School Textbook Fund $15,117,601 $15,117,601 No Change 119 — School Athletic Fund $4,941,085 $4,810,642 ($130,443) Total School Operating Budget $847,823,971 $847,516,620 ($307,351) Note: Bold denotes a requested change by the School Board to the Operating Budget that was adopted on May 8, 2012. ■ Considerations: The Resolution reflects two changes from the FY 2013 Annual Appropriation Ordinance. First, it increases appropriations to the School Technology Fund (106) by $542,055 and reduces appropriations to the School Operating Fund (115) by the same amount. This change reflects the School Board disbursing the difference between the two percent funded raise and the three percent requested. Second, the Resolution provides a net reduction in revenue of $307,351. This reduction is due to a decrease of $176,908 in State grant revenue in the School Grants Fund (116) and a reduction of $130,443 of estimated revenue in the School Athletic Fund (119). Generally, the City Council is not permitted to reduce the amount of its appropriation to Schools. However, the reduction that is provided herein is: (a) at the request of the School Board; and (b) the result of the School Board's reduction in estimated revenue in the Grants Fund and Athletic Fund. Section 5.04 of the City Charter requires a balanced budget. Accordingly, the reduction of the appropriation to the Grants Fund and the Athletic Fund is permissible in this situation. ■ Public Information: Information will be provided through the normal Council agenda process. ■ Attachments: School Board Resolution, Ordinance Submitting Department/Agency: Virginia Beach City Public Schools City Manager: Sv, �60,� 1 AN ORDINANCE TO AMEND THE FY 2013 ANNUAL 2 APPROPRIATION ORDINANCE TO ALIGN FUNDING WITH 3 THE SCHOOL BOARD'S AMENDED BUDGET REQUEST 4 5 WHEREAS, the City Council adopted the FY 2013 Annual Appropriation 6 Ordinance on May 8, 2012 with a total amount appropriated to Schools of 7 $847,823,971; and 8 9 WHEREAS, the School Board adopted a resolution on May 15, 2012 (the 10 "Resolution") in order to reconcile its March 6t" budget request and the City's Annual 11 Appropriation Ordinance; and 12 13 WHEREAS, the Resolution redistributes the personnel funding between the 14 Schools Operating Fund's Major Classifications and the Technology Fund, which results 15 in a decrease of $542,055 to the School Operating Fund (115) and an increase of 16 $542,055 to the School Technology Fund (106); and 17 18 WHEREAS, a decline in estimated revenue of $307,351 is comprised of 19 $176,908 in the School Grants Fund (116) and $130,443 in the School Athletic Fund 20 (119) as provided by the Resolution; and 21 22 WHEREAS, the amended School Board budget request total is $847,516,620. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. That the total appropriation for operations for FY 2013 is hereby reduced by 28 $307,351, with a corresponding reduction in estimated revenues as provided 29 herein. 30 31 2. That the Schools Funds and Major Classifications within the Operating Fund are 32 hereby amended as follows: 33 34 a. The Major Classifications of the Operating Fund and the Technology Fund 35 shall be adjusted as follows: 36 37 i. the School Technology Fund (106) is increased from $26,338,973 38 to $26,881,028; 39 40 ii. the Instruction Classification of the School Operating Fund (115) is 41 decreased from $522,820,730 to $519,982,919; 42 43 iii. the Administration, Attendance, and Health Classification of the 44 School Operating Fund (115) is decreased from $21,434,692 to 45 $21,325,235; 46 47 iv. the Transportation Classification of the School Operating Fund 48 (115) is decreased from $30,154,558 to $29,800,231; 49 50 v. the Operations and Maintenance Classification of the School 51 Operating Fund (115) is decreased from $87,242,879 to 52 $86,274,376; 53 54 vi. the City Manager Adjustment of -$3,728,043 is hereby eliminated; 55 56 3. The total appropriations to the School Grants Fund (116) are decreased from 57 $68,578,220 to $68,401,312 to reflect a decrease in estimated grant revenue; 58 59 4. The total appropriations to the School Athletic Fund (119) are decreased from 60 4,941,085 to $4,810,642 to reflect a decrease in estimated revenues. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT j1, ��aj Managey6enf Services CA12285 R-1 May 30, 2012 APPROVED AS TO LEGAL SUFFICIENCY: n s Office BEACH CIF' 0 o F r School Board of the City of Virginia Beach 2512 George Mason Drive P.O. Box 6038 Virginia Beach, VA 23456-0038 (757) 263-1016 www.vbschools.com/schoolboard James G. Merrill, Ed.D., Superintendent Daniel D. Edwards, Chairman District 1— Centerville William J. "Bill' Brunke, IV, Vice-Chalrman District 7 — Princess Anne Todd C. Davidson, At -Large Brent N. Mckenzie, District 3 — Rose Hall Ashley K. McLeod, At -Large Samuel G. "Sam" Reid, District 6 — Beach Patrick S. Salyer, District 2 — Kempsville Emma L. "Em" Davis, District 5 — Lynnhaven D. Scott Seery, At -Large Dorothy M. "Dottie" Holtz, At -Large Carolyn D. Weems, District 4 — Bayside Budget Resolution - FY 2012113 WHEREAS, the mission of the Virginia Beach City Public Schools (VBCPS), in partnership with the entire community, is to empower every student to become a life-long learner who is a responsible, productive and engaged citizen within the global community; and WHEREAS, the School Board of the City of Virginia Beach has adopted a comprehensive strategic plan and school improvement priorities to guide budgetary decisions; and WHEREAS, the School Board has studied the recommended FY 2012/13 Operating Budget in view of state and federal requirements, additional demands for space and operations, the strategic plan, priorities, expectations, competitive compensation for employees and the best educational interests of its students; however, the primary drivers of the budget are the down economy and its impact of reduced revenues at the state and local levels as well as significant increases in VRS rates and the employee health care program; and WHEREAS, the City Council has adopted its Budget Ordinance for FY 2012113 to include appropriations for VBCPS; and WHEREAS, the School Board is grateful to the City Council for the funding level provided to VBCPS for FY 2012/13; and WHEREAS, the budget reconciliation between the FY 2012113 School Board Proposed Operating Budget dated March 6, 2012 and the City's funding for VBCPS in its Budget Ordinance for FY 2012113 adopted on May 8, 2012 will require the City Council to amend its FY 2012113 Budget Ordinance to reflect the revised budget numbers for the Schools; and WHEREAS, the savings remaining in the School Reserve Special Revenue Fund is $11,000,000, which would have normally been used for major one-time purchases; and construction projects, which have been deferred in anticipation of these economic challenges; and have been budgeted to use these funds in the FY 2012113 Operating Budget; and WHEREAS, the School Board intends to use these school -generated reserves and savings to offset reductions in both state and local revenues; and WHEREAS, the total funds appropriated FY 2012/13 from the City of Virginia Beach to the School Board of the City of Virginia Beach is $387,445,180, which includes $2,000,000 of the Sandbridge TIF; and WHEREAS, the debt service payment is $44,747,986, leaving a balance of $342,697,194 to allocate between the Operating Budget and the Capital Improvement Program (CIP); and WHEREAS, the Commonwealth now requires school divisions to segregate all technology related budgeted expenditures. VBCPS has now shown these technology funds in a separate fund (106 Fund) and these funds totaling $26,881,028 will be moved into the "other special revenue funds" shown below and the funds available to allocate to the Operating Budget are $315,816,166. NOW, THEREFORE, BE IT RESOLVED: That the remaining Sandbridge TIF funds in the amount of $1,591,000 be allocated to the Schools' CIP; and be it FURTHER RESOLVED: That the $3.15,816,166 be allocated as follows: $315,816,166 to the Operating Budget, and $0 to the CIP; and be it FURTHER RESOLVED: That $11,000,000 of the School Reserve Special Revenue Fund be added to the Operating Budget, bringing the total with these additions to $326,816,166; and be it FURTHER RESOLVED: That Federal Funds in the amount of $17,141,085 along with State Funds in the amount of $310,119,673 and Other Local Funds in the amount of $3,305,837 be added to the Operating Budget bringing it to a total for FY 2012113 of $657,382,761; and be it FURTHER RESOLVED: That the School Board of the City of Virginia Beach requests a Lump Sum Appropriation of $657,382;761 for FY 2012/13 from the City Council of Virginia Beach for the School Board FY 2012113 Operating Budget; and be it Budget Resolution — FY 2012113 (continued) FURTHER RESOLVED: That the School Board of the City of Virginia Beach requests an appropriation of $145,385,873 for special grants revenue funds comprised of Federal Grants in the amount of $49,930,082, State Grants in the amount of $18,471,230, and other special revenue funds in the amount of $76,984,561 for the 2012/13 fiscal year and that the total of these funds be included in the Lump Sum Appropriation; and be it FURTHER RESOLVED: That the total of the Lump Sum Appropriation is $802,768,634; and be it FURTHER RESOLVED: That for informational purposes only, the Categorical breakdown of the Lump Sum Total of $802,768,634 is as follows: • Instruction....................................................$ 519,982,919 • Administration, Attendance and Health...............21,325,235 • Transportation.....................................................29,800,231 • Operations. and Maintenance ....................:.........86,274,376 • Technology Category ..........................................26,881,028 • Grants and Other Funds....................................118,504,845 and be it FURTHER RESOLVED: That the City Council amend its Budget Ordinance for FY 2012113 to reflect the reconciled budgeted numbers shown in this Resolution; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 1 P day of May 2012. SEAL Daniel D. �Edward�sChai�rman Attest: Dianne P. Alexander, Clerk of the Board CEFMF1ED TO 8E A TRUE AND`coMECT COPY ate, Schoot Hoard ofeh ro; ~4?, r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the FY 12-13 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: June 12, 2012 ■ Background: The Department of Housing and Neighborhood Preservation is requesting the following changes to the FY 2012-13 Operating Budget. These changes are needed because information about final funding was received too late in the budget process to make these amendments prior to adoption by City Council. Increase appropriation for Federal HOME Program: $1,239 Final HUD funding for the HOME Program was slightly higher than the original notification received by the Department of Housing. The funding increased from $829,400 to $830,639. In order to fully utilize the Federal award, the additional $1,239 of funding needs to be appropriated. The Department proposes to apply these funds to the HOME Repair Program that helps to rehabilitate homes of low and moderate income households. These funds will be combined with additional funding that is already appropriated for this program. Increase appropriation for Housing Choice Voucher Program: $790,295 On March 1, 2012, the Department was notified by HUD of the final calendar year 2012 funding for the Housing Choice Voucher Program, which provides rental assistance payments to approximately 2,000 households. Based on a revised estimate, the allocation to the City for FY 2012-13 is estimated to be $15,886,177. The amount in the adopted FY 2012-13 budget is $15,095,882. It is requested that the difference ($790,295) be appropriated to the Department's operating budget. The new total amount of funding is more in line with the amount needed to operate the program at its current level. Increase appropriation for HCV Portability Program: $324,867 One of the components of the Housing Choice Voucher Program is the Portability program. The portability program allows program participants to move from one locality to another while maintaining their assistance. When a participant moves to Virginia Beach under this program, the Department of Housing can charge the locality from which they moved for the costs of the program. The requested increase in appropriations is based on a revised estimate of the revenue to be received through this process. ■ Considerations: Without the appropriation of these funds, they cannot be used for the intended purpose. ■ Public Information: This item will be advertised using the regular agenda publication process. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: n of Housing and Neighborhood Preservation City Manager: S �/, 1 AN ORDINANCE TO AMEND THE FY 2012-13 2 OPERATING BUDGET OF THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the FY 2012-13 Operating Budget of the Department of Housing and 9 Neighborhood Preservation is amended by the amounts and for the purposes set forth 10 below: 11 12 1. Appropriations to the Federal HOME program are hereby increased 13 in the amount of $1,239, with estimated federal revenue increased accordingly, for the 14 purpose of rehabilitating homes of low and moderate income households. 15 16 2. Appropriations to the Housing Choice Voucher Program are 17 hereby increased in the amount of $790,295, with estimated federal revenue increased 18 accordingly, for the purpose of providing rental assistance payments. 19 20 3. Appropriations to the Housing Choice Voucher Portability Program 21 are hereby increased in the amount of $324,867, with estimated federal revenue 22 increased accordingly, for the purpose of providing rental assistance payments. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 25 of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Manage ent Services CA12295 R-1 May 31, 2012 APPROVED AS TO LEGAL SUFFICIENCY: c� r e s Office H� o = � c R CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Two Franchise Agreements for Open Air Cafes in the Resort Area MEETING DATE: June 12, 2012 ■ Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property. The City has developed a franchise agreement for the regulation of open air cafes, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air cafe is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. ■ Considerations: Oshry Clabaugh, a sole proprietor, is seeking a one-year franchise agreement for operation of an Atlantic Avenue sidewalk cafe. AHATA, Inc., t/a Pier 23, has successfully operated an Atlantic Avenue side street cafe pursuant to a five-year franchise agreement, and is seeking renewal of their franchise agreement for an additional five year term. ■ Public Information: A public notice was published in The Beacon on June 3, 2012 and June 10, 2012. ■ Attachments: Ordinance Recommended Action: Adopt Ordinance -� Submitting Department/Agency: Strategic Growth Area Office City ManageRt k -Z)(Swt, 1 AN ORDINANCE GRANTING TWO 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Caf6 Regulations, which have been amended 7 from time to time, for the operation of open air caf6s on public property; and 8 9 WHEREAS, the regulations originally prohibited sidewalk caf6s on Atlantic 10 Avenue between 15th and 24th streets; and 11 12 WHEREAS, Council adopted a resolution on March 23, 2004 establishing a pilot 13 program to allow, on an experimental basis, open air caf6s on Atlantic Avenue between 14 20th and 23rd Streets; and 15 16 WHEREAS, based upon the success of the pilot program, Council adopted an 17 ordinance on March 8, 2005 authorizing sidewalk caf6s on Atlantic Avenue between 18 15th and 24th Streets; and 19 20 WHEREAS, the City Council has traditionally granted initial franchises for one - 21 year terms; and 22 23 WHEREAS, if an open air caf6 is successfully operated during the initial one - 24 year term, the franchisee may return to Council and request a five-year franchise 25 agreement; and 26 27 WHEREAS, Oshry Clabaugh, a sole proprietor, is seeking a one-year franchise 28 agreement for operation of an Atlantic Avenue sidewalk caf6; and 29 30 WHEREAS, AHATA, Inc., t/a Pier 23, has successfully operated an Atlantic 31 Avenue side street caf6 pursuant to a five-year franchise agreement, and is seeking 32 renewal of their franchise agreement for an additional five year term; and 33 34 WHEREAS, the Strategic Growth Area Office recommends that the above - 35 named entities be granted open air caf6 franchise agreements. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH: 39 40 1. That the City Council hereby grants a one-year franchise agreement to 41 Oshry Clabaugh, a sole proprietor, for operation of an Atlantic Avenue sidewalk caf6. 42 43 2. That the City Council hereby grants a five-year franchise agreement to 44 AHATA, Inc., t/a Pier 23, for operation of an Atlantic Avenue side street caf6. 45 46 Adopted by the City Council of Virginia Beach, Virginia on this day of 47 , 2012. Approved as to Content: Strategic Growth Area Office CA12290 R-2 May 29, 2012 Approved as to Legal Sufficiency: City Attorn 's Office w.B Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a Citizen Donation for the Purchase of Two Automated External Defibrillators MEETING DATE: June 12, 2012 ■ Background: Arthur and Janet Bartlett, residents of Virginia Beach, generously donated $2,750 to the Police Department to purchase two automated external defibrillators (AED's) for police vehicles. The Police Department is typically the first emergency responder to arrive on many heart attack calls. The Bartlett's provided the check to Police Chief James A. Cervera and EMS District Chief Bruce Nedelka on May 17, 2012. ■ Considerations: This generous donation will provide two AEDs. Prior to purchasing the equipment, these funds need to be accepted and appropriated by City Council. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department c�- City Manage . � , 2qb7y 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE A CITIZEN DONATION FOR THE PURCHASE OF TWO AUTOMATED EXTERNAL DEFIBRILLATORS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a donation of $2,750 is hereby accepted from Arthur and Janet Bartlett, residents of Virginia Beach, and appropriated, with estimated revenues increased accordingly, to the FY 2011-12 Operating Budget of the Department of Police to purchase two automated external defibrillators for police vehicles. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: O Manager,Kent Services City-At9XKs Office CA12286 R-1 May 30, 2012 k� o Y 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $490,000 from the Reserve for Contingencies within the Telecommunications Internal Service Fund to Allow the Centralization of Bill Payments MEETING DATE: June 12, 2012 ■ Background: The City maintains a Telecommunications Internal Service Fund, which provides for the majority of communication needs of the City departments including serving as a central location for the review and payment of bills. In various instances, departments deal directly with the vendor whether it was for departments that needed remote site access, legacy accounts for facsimile or modem services, or when special needs dictated. An audit of citywide Verizon invoices by the City Auditor concluded that some Verizon invoices were being processed incorrectly. In some cases, taxes included in the billing were paid, and in other cases, late charges were imposed due to untimely payments. To consolidate the handling of invoices, the Telecommunications Unit of the ComIT Department will serve as the central point of invoice review and payment. ■ Considerations: The Telecommunications Budget Internal Service Fund will continue to pay Verizon invoices and to invoice departmental customers the cost. This will result in cost avoidance of unnecessary taxes and late charges for the organization by allowing the staff members with appropriate experience and knowledge an opportunity to review the invoices. To allow payment of these bills for the remainder of this fiscal year, the Telecommunications Unit will need an additional $490,000 in their operating budget. This action is needed to provide the redirection of payments. Instead of various departments paying, the bills will be processed centrally. The amount is not the result of increased billable service or increased labor. The amount needed is available for transfer from the Reserve for Contingencies account within the Telecommunications Internal Service Fund. The FY 2012-13 Operating Budget had anticipated the centralization of payments and will not need adjustments. ■ Public Information: Public information will be handled through the normal Council Agenda public information process. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager4'-:��" k Communication and Informational Technology 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO TRANSFER $490,000 FROM THE RESERVE FOR CONTINGENCIES WITHIN THE TELECOMUNICATIONS INTERNAL SERVICE FUND TO ALLOW THE CENTRALIZATION OF BILL PAYMENTS WHEREAS, a transfer of funds is required to allow all telecommunications charges to be centralized in the Telecommunications Internal Service Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $490,000 is hereby transferred from the Reserve for Contingencies within the Telecommunications Internal Service Fund to the Telecommunications Internal Service Fund to allow the centralized bill payment. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. Approved as to Content: snag a Services CA12294 R-1 May 30, 2012 Approved as to Legal Sufficiency: 1 it rney's Office J. PLANNING 1. Application of COASTAL ENTERPRISES, LLC for a Floodplain Variance re a storage building at 601 Sandbridge Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of THALIA AUTOMOTIVE SERVICES, LLC/GEORGE P. CHRISTODAULIES, for a Conditional Use Permit Modification to ADD automotive repair at 4300 Virginia Beach Boulevard (Approved by City Council on January 25, 1994) (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION: APPROVAL 3. Application of KROGER LIMITED PARTNERSHIP I/SUPER HOLLAND ASSOCIATES, LLP, for a Conditional Use Permit re an automobile service (fuel sales) at 3901 Holland Road (DISTRICT 3 - ROSE HALL) RECOMMENDATION: APPROVAL 4. Application of WHEEL AND RIM REPAIR, INC. for a Conditional Use Permit re automobile repair at 3428 Chandler Creek Road (DISTRICT 3 - ROSE HALL) RECOMMENDATION: APPROVAL 5. Application of CALVARY CHAPEL for a Conditional Use Permit Modification re a church at 5230 Indian River Road (Approved by City Council on April 10, 2007) (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: APPROVAL 6. Application of MICHAEL H. NORMENT/JOAN DALIS for a Conditional Use Permit re a commercial parking lot at 3233 Pacific Avenue (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 7. Application of RICHARD DOUMMAR/BALBOA, L.L.C. for a Conditional Use Permit re a commercial parking lot at 29`" Street and Pacific Avenue (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 8. Application of KROLL ENTERPRISES, INC. / N & K PROPERTIES, LLC AND B & W PROPERTY DEVELOPMENT, LLC for a Change of Zoning District Classification, from AG -2 Agricultural District, AG -1 Agricultural District, R-15 Residential District, and B -1 Neighborhood Business District to Conditional R-7.5 Residential District at Nimmo Parkway and Camino Real Street (DISTRICT 7 - PRINCESS ANNE) Deferrred by City Council RECOMMENDATION: April 24, 2012 APPROVAL 9. Application of CITY OF VIRGINIA BEACH to AMEND Section 1110 of the City Zoning Ordinance (CZO) to allow certain uses as "conditional" in the PD -141 Planned Unit Development District. RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, June 12, 2012, at 6:00 P.M., at which time the following applications will be heard: CITY OF VIRGINIA BEACH Ordinance to Amend Section 1110 of the City Zoning Ordinance to allow certain uses as conditional uses in the PD -H1 Planned Unit Development District. BEACH DISTRICT Application of Michael H. Norment/Joan Dalis: Conditional Use Permit for a commercial parking lot at 3233 Pacific Avenue (GPIN 2428023726). Application of Richard Doummar/Balboa, L.L.C.: Conditional Use Permit for a parking lot at 291" Street and Pacific Avenue (GPIN 2428013473; 2428013489;2428013567). LYNNHAVEN DISTRICT Application of Thalia Automotive Services, LLC/George P. Christodaulies: Conditional Use Permit re am automotive repair establishment at 4300 Virginia Beach Boulevard (GPIN 1477859436). KEMPSVILLE DISTRICT Application of Calvary Chapel: Conditional Use Permit for a church at 5230 Indian River Road (GPIN 14654728240006). ROSE HALL DISTRICT Application of Kroger Limited Partnership I/Super Holland Associates, LLP: Conditional Use Permit, automobile service station (fuel sales) at 3901 Holland Road (GPIN 1486241897; 1486248827). Application of Wheel And Rim Repair, Inc.: Conditional Use Permit for auto repair at 3428 Chandler Creek Road (GPIN 1485949212). PRINCESS ANNE DISTRICT Application of Coastal Enterprises, LLC: Floodplain Variance at 601 Sandbridge Road (GPIN 2424704064). Application of Kroll Enterprises, Inc./N & K Properties, LLC and B & W Property Development, LLC: Change f Zoning District clas i�tion from AG -2 Agricultural, AG -1 Agricultural, R-15 Residential and B -1 Neighborhood Business to Conditional R-7.5 Residential at Nimmo Parkway and Camino Real South (GPINs 2414647136 ; 2414748969; 2414756105; 2414748142). Comprehensive Plan - Suburban Area / Proposed Density - 1.62 units per acre All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto //www vbgov corn/pc For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon May 27 & June 3, 2012 23055731 ►4 W Z Z a N W Z E CL o t� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: COASTAL ENTERPRISES, LLC, Floodplain Variance, 601 Sandbridge Road (GPIN 2424704064). PRINCESS ANNE DISTRICT. MEETING DATE: June 12, 2012 ■ Background: The applicant is requesting a variance to Section 5B of the Site Plan Ordinance for the purpose of constructing a 60 -foot by 84 -foot (60' x 84') storage building on the southeastern portion of the site, which will require 25 percent of the floodplain on the property to be filled. The site is 3.3 acres of which 3.2 acres are within the floodplain adjacent to Back Bay. Section 5B.5(c) of the Site Plan Ordinance does not permit filling within the `floodplains subject to special restrictions,' which includes the Back Bay floodplain. Thus, a Variance to Section 5B of the Site Plan Ordinance is necessary to allow 25 percent of the existing area of the floodplain on the property to be filled. ■ Considerations: The requested variance to Section 5B of the Site Plan Ordinance is due to the need to fill the existing floodplain on the property as proposed below: • Total Surface Area of the site = 3.3 acres • Total Surface Area within the Floodplain = 3.2 acres • Total Surface Area covered by Fill within the Floodplain = 0.833 -acres • Percentage of Floodplain Surface Covered by Fill = 25% The Site Plan Ordinance requires that mitigation be provided at a one-for-one replacement of the flood storage volume of the floodplain filled, and that the areas of mitigation or replacement must be contiguous to the existing floodplain. The applicant's fill and mitigation is proposed as follows: • Existing 100 -year floodplain storage volume = 148,122 Cubic Feet (C.F) • Volume of fill within the floodplain = 1,755 Cubic Feet (C.F.) • Mitigation Areas for fill volume = 1,782 Cubic Feet (C.F.) • Post -Development 100 -year floodplain storage volume = 148,149 Cubic Feet (C.F) As noted above, the volume of the mitigation areas slightly exceeds the volume of fill within the floodplain by 27 Cubic Feet (C.F.). The mitigation area is balanced by fill and cut areas as well as excavation of an existing berm, which is the only area on the site located above the 100 -year flood elevation. Coastal Enterprises, LLC Page 2 of 3 Site Plan Ordinance Section 513.8 (a) provides that "No floodplain variance shall be granted by the Council unless it finds that: 1. Such variance will not create or result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization of the public. 2. The granting of such variance will not be detrimental to other property in the vicinity. 3. The circumstances giving rise to the variance application are not of a general or recurring nature. 4. Such circumstances arise from the physical character of the property or from the use or development of adjacent property and not from the personal situation of the applicant. 5. The granting of such variance will not be in conflict with any ordinance or regulation of the city." Section 5B.8 (f) provides performance standards that City Council is to use for the evaluation of floodplain variance applications: No variance shall be granted by the Council unless the following performance standards are met: 1. Filling shall be limited to the smallest volume and area possible. 2. Floodplain storage capacity shall be mitigated at a one-to-one ratio of storage capacity created for area filled to ensure no net loss of storage occurs as result of filling. 3. All floodplain mitigation shall be located on the project site and shall be located contiguous to the existing floodplain. 4. The general characteristics and functions of the floodplain shall not be adversely affected. 5. Wetlands protection and buffer area requirements set forth in section 7 of the Southern Watersheds Management Ordinance (Appendix G) are met or a variance there from is granted. Staff's evaluation found the variance request acceptable. The character and functions of the floodplain are likely to improve with the fill and modification of the grade of the site, as well as with the addition of stormwater management facilities. The applicant has worked with the Development Services Center and the Environmental Sustainability Office to insure the fill and mitigation plans and the design of the stormwater management facility meet City regulations. There was no opposition to the request. Coastal Enterprises, LLC Page 3 of 3 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: The site shall be developed substantially in accordance with the submitted exhibit plan entitled "Siebert Realty Sandbridge Road", dated January 2012, and prepared by PHRA Engineers, Surveyors, Planners, and Landscape Architects. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building shall conform in design to the existing buildings on the site. The applicant shall submit elevations of the building to the Current Planning office during detailed site plan review. 3. The applicant shall obtain a Certificate of Occupancy from the Permits and Inspections division of the Planning Department before use of the building. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department /i to City Manager:&Vt PRINCESS ANNE Coastal Enterprises, LLC AGI R15 , -� RSD cx —r r A B2 2 1 � 1 AG2, r \ k, gz J _ c r/ AG2 /�,; /1 B2 AGI �r G2 P1 AGI AG1 - - AGI " Flood PlaM Variance 7 May 9, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: COASTAL ENTERPRISES, LLC STAFF PLANNER: Faith Christie REQUEST: Variance to Section 5B of the Site Plan Ordinance (Floodplain Regulations) ADDRESS / DESCRIPTION: 601 Sandbridge Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24247040640000 PRINCESS ANNE 3.34 acres Less than 65 dB DNL The applicant is seeking approval to construct a 60 -foot by 84- SUMMARY OF REQUEST foot storage building on the southeastern portion of the site. The building will be constructed on pilings. The building footprint, parking, access aisles, and the stormwater management facility will be constructed in the floodplain. A majority of the site is located within the Back Bay floodplain area. Under Section 5B of the Site Plan Ordinance, the Back Bay floodplain is subject to special restrictions and no fill is allowed within this floodplain. A floodplain variance to Section 5B of the Site Plan Ordinance is necessary to allow 25% of the existing area of the floodplain on the property to be filled. The property lies within the Southern Watershed Management Area. The applicant is also requesting a variance to the Southern Watersheds Management Ordinance to allow the stormwater management facility to be located within the 50 -foot buffer adjacent to the wetlands or shoreline. The site is 3.342 acres of which 3.2 acres are within the floodplain adjacent to Back Bay. Section 5B.5(c) of the Site Plan Ordinance does not permit filling within the floodplain subject to special restrictions. A variance to Section 5B of the Site Plan Ordinance (floodplain variance) is necessary to allow the fill of the existing area of the floodplain on the property. • Total Surface Area of the site = 3.342 -acres • Total Surface Area within the Floodplain = 3.2 -acres • Total Surface Area covered by Fill within the Floodplain = .833 -acres • Percentage of Floodplain Surface Covered by Fill = 25% COASTAL ENTERPRISES J10 'Agenda Item 7 Page 1 RINGESS ANNE dla,,,N, 12'13 Coastal Ente irises, LLC AG1 R15 R50 cz AG2 B2 AG2 , Bz\ AG2B2 'sz AGI 4G2 PI AGI AGI -- AGI •zwmy.xn co.gn�.. P,am... OF— Flood Plain Variance Spxe PronMkn aP 2Uv Y' 7 May 9, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: COASTAL ENTERPRISES, LLC STAFF PLANNER: Faith Christie REQUEST: Variance to Section 5B of the Site Plan Ordinance (Floodplain Regulations) ADDRESS / DESCRIPTION: 601 Sandbridge Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24247040640000 PRINCESS ANNE 3.34 acres Less than 65 dB DNL The applicant is seeking approval to construct a 60 -foot by 84- SUMMARY OF REQUEST foot storage building on the southeastern portion of the site. The building will be constructed on pilings. The building footprint, parking, access aisles, and the stormwater management facility will be constructed in the floodplain. A majority of the site is located within the Back Bay floodplain area. Under Section 5B of the Site Plan Ordinance, the Back Bay floodplain is subject to special restrictions and no fill is allowed within this floodplain. A floodplain variance to Section 5B of the Site Plan Ordinance is necessary to allow 25% of the existing area of the floodplain on the property to be filled. The property lies within the Southern Watershed Management Area. The applicant is also requesting a variance to the Southern Watersheds Management Ordinance to allow the stormwater management facility to be located within the 50 -foot buffer adjacent to the wetlands or shoreline. The site is 3.342 acres of which 3.2 acres are within the floodplain adjacent to Back Bay. Section 5B.5(c) of the Site Plan Ordinance does not permit filling within the floodplain subject to special restrictions. A variance to Section 5B of the Site Plan Ordinance (floodplain variance) is necessary to allow the fill of the existing area of the floodplain on the property. • Total Surface Area of the site = 3.342 -acres • Total Surface Area within the Floodplain = 3.2 -acres • Total Surface Area covered by Fill within the Floodplain = .833 -acres • Percentage of Floodplain Surface Covered by Fill = 25% COASTAL ENTERPRISES, LLC Agenda Item 7 Page 1 The Site Plan Ordinance requires that mitigation be provided at a one for one replacement for the flood storage volume of the floodplain filled, and that the areas of mitigation or replacement must be contiguous to the existing floodplain. • Existing 100 -year floodplain storage volume = 148,122 Cubic Feet (C.F) • Volume of fill within the floodplain = 1,755Cubic Feet (C.F.) • Mitigation Areas for fill volume = 1,782 Cubic Feet (C.F.) • Post Developed 100 -year floodplain storage volume = 148,149 Cubic Feet (C.F) As noted above, the volume of the mitigation areas slightly exceeds the volume of fill within the floodplain by 27 Cubic Feet (C.F.). The mitigation area is balanced by fill and cut areas as well as excavation of an existing berm, which is the only area on the site located above the 100 year flood elevation. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site was developed in 1980 with an office building. Addtions to that building and additional buildings as well as parking area were constructed in 2005 through 2007. SURROUNDING LAND North: . Sandbridge Road USE AND ZONING: . Across Sandbridge Road are woods and wetlands / B-2 Business South: . Woods and wetlands / AG -1 Agricultural East: . Office / B-2 Business West: . Woods and Wetlands / B-2 Business NATURAL RESOURCE AND The site is located in the Southern Watersheds of the North Landing CULTURAL FEATURES: River, the Northwest River and Back Bay. Of the 3.342 -acres of property 3.2 -acres are located within the floodplain with an average elevation of 2 -feet. COMPREHENSIVE PLAN: Rural Area — adjacent to Suburban Focus Area(SFA) 6 Sandbridge Community The Comprehensive Plan recommendations for SFA 6 Sandbridge states that limited commercial uses may be added provided the type and extent of such uses are scaled to serve only the Sandbridge neighborhood and that the site and building designs are of high quality and consistent with physical characteristics of the neighborhood. Land uses in the Sandbridge community should be compatible with the environmental objectives of the Back Bay National Wildlife Refuge. There is no impact to City Services. IMPACT ON CITY SERVICES COASTAL E 'RISES`, SLC Agenda Item 7 Page 2 EVALUATION AND RECOMMENDATION The Site Plan Ordinance Section 513.8 (a) states, "No floodplain variance shall be granted by the Council unless it finds that: 1. Such variance will not create or result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization of the public. 2. The granting of such variance will not be detrimental to other property in the vicinity. 3. The circumstances giving rise to the variance application are not of a general or recurring nature. 4. Such circumstances arise from the physical character of the property or from the use or development of adjacent property and not from the personal situation of the applicant. 5. The granting of such variance will not be in conflict with any ordinance or regulation of the city." Section 513.8 (f) provides additional guidance in the evaluation of floodplain variance applications. The Section notes, "No variance shall be granted by the Council unless the following performance standards are met: 1. Filling shall be limited to the smallest volume and area possible. 2. Floodplain storage capacity shall be mitigated at a one-to-one ratio of storage capacity created for area filled to ensure no net loss of storage occurs as result of filling. 3. All floodplain mitigation shall be located on the project site and shall be located contiguous to the existing floodplain. 4. The general characteristics and functions of the floodplain shall not be adversely affected. 5. Wetlands protection and buffer area requirements set forth in section 7 of the Southern Watersheds Management Ordinance (Appendix G) are met or a variance there from is granted." Staff concludes that the variance request is acceptable. The character and functions of the floodplain may improve with the fill and re -grading of the site and with the addition of stormwater management facilities. The applicant has worked with the Development Services Center and the Environmental Sustainability Office to insure the fill and mitigation plans and the stormwater management facility meet City regulations. Staff, therefore, recommends approval of the Floodplain Variance and Variance to the Southern Watersheds Management Ordinance, subject to the conditions below. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted exhibit plan entitled "Siebert Realty Sandbridge Road", dated January 2012, and prepared by PHRA Engineers, Surveyors, Planners, and Landscape Architects. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building shall conform in design to the existing buildings on the site. The applicant shall submit elevations of the building to the Current Planning office during detailed site plan review. 3. The applicant shall obtain a Certificate of Occupancy from the Permits and Inspections division of the Planning Department before use of the building. COASTAL ENTERPRISES, LLC Agenda Item 7 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. COASTAL ENTERPRISES, LLC Agenda Item 7 Page 4 AERIAL OF SITE LOCATION COASTAL ENTERPRISES, LLC Agenda Item 7 Page 5 MMW W WAUM VMMW 4,74 CTT Brim lilITt 41 p Ito, F PROPOSED SITE PLAN COASTAL ENTERPRISES, LLC Agenda Item 7 Page 6 L tiw �1M i� i �Ii��lI�9 TOTAL SITE AREA 3.342 AC FILL AREA 16.363 SF CUT AREA 13.464 SF DISTURBED AREA 336,264 SF PERCENT 04STURSED 252 AREA OF POTENTIAL BWPs 16,120 SF ,a PROPOSED S r i I :)f south portion) COASTAL ENTERPRISES, LLC Agenda Item 7 Page 7 li LEG= P01EM7W BW LMATIM FU PJWA WT AREA PANOW AREAS DUMPM PAD AWA 4P uwM OF 015MMAM cr cx cr LLJ IN co If 0 z 4 10 sg A 1. PROPOSED SITE PLAN (Detail of north portion) COASTAL ENTERPRISES, LLC Agenda Item 7 Page 8 0 W Zw Z Na 'w �N } � coo O- W ° W O N v Z uJi N Z N € p i Q S 0 X W= N� .J X Z Z w X 5 m m I O N No n` W i 4$�s N C Eo H Ro Lu U x Q s 3 �� C w c F8 E I < CL � a u c c O O C C5 C� W rCrC P4 0.�' Qy i a z w m m U W U> 0 F 6 VQ ewmV m — o w )( W TL x LLIO x m i^fix W Zw Z Na 'w �N } � coo O- W ° W O N Z uJi N Z N € p i 1 LLZ r w Q— S iF EY5� X W= N� .J X Z Z w X €� l I O N No n` £�EE¢u 4$�s N X W Z O N e �7 x W WL� c Z X Z v O I� Z.w x X W Z Q0 y•. x FLOOD INSURANCE RATE MAP COASTAL ENTERPRISES, LLC Agenda Item 7 Page 9 �>EEs foo: YcEzo w OF 3E:L - -$ g }k S iF EY5� e €� l £�EE¢u 4$�s In' n xoj' � . ME e �7 x W WL� c Z X Z v O I� Z.w x X W Z Q0 y•. x FLOOD INSURANCE RATE MAP COASTAL ENTERPRISES, LLC Agenda Item 7 Page 9 PRINCESS ANNE . T T Coastal1\1ay 12, 13 ' Man C ' Zotring with Conditions Plotters. Open Flood Plain Variance tipace Promotion or PEIH-2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 1/27/09 Conditional Use Permit (Motor vehicle rental — low Approved speed electric vehicles) 11/1/06 Modification Outdoor Recreation Facility)Withdrawn COASTAL ENTERPRISES, LLC Agenda Item 7 Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Coastal Enterprises LLC Jean F. Siebert - Managing Member 1 John W. Siebert Family Trust - Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) NIA Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' & 2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No -1� If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT COASTAL ENTERPRISES, LLC Agenda Item 7 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Patton Harris Rust & Associates, Inc. (Site Civil Engineer) Michael W. Schooley, P.E., PC (Site Architect) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. _ .__3'EAU F7 15 A cant's Signatur Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT COASTAL ENTERPRISES, LLC Agenda Item 7 Page 12 Item #7 Coastal Enterprises, L.L.C. Floodplain Variance 601 Sandbridge Road District 7 Princess Anne May 9, 2012 CONSENT An application of Coastal Enterprises, L.L.C. for a variance to Section 5B of the Site Plan Ordinance (Floodplain Regulations) on property located at 601 Sandbridge Road, District 7, Princess Anne. GPIN: 24247040640000. CONDITIONS The site shall be developed substantially in accordance with the submitted exhibit plan entitled "Siebert Realty Sandbridge Road", dated January 2012, and prepared by PHRA Engineers, Surveyors, Planners, and Landscape Architects. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building shall conform in design to the existing buildings on the site. The applicant shall submit elevations of the building to the Current Planning office during detailed site plan review. 3. The applicant shall obtain a Certificate of Occupancy from the Permits and Inspections division of the Planning Department before use of the building. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. Item #7 Coastal Enterprises, L.L.C. Page 2 By a vote of 10-0, the Commission approved item 7 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON ABSENT HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 7 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. -41 - PUBLIC HEARING ITEM #t 37652 PLANNING Ronald Mickiewic2, 325 Office Square Lane, Phone: 497-5862, represented the applicant Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of EXXON CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EXXON CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION R01941870 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Exxon Corporation for a Conditional use Permit for an automobile service station at the northwest corner of Virginia Beach Boulevard and Thalia Road. Said parcel is located at 430 Virginia Beach Boulevard and contains 30,483 square feet. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Columns for the canopy will have brick finish. Applicant will submit a rendering of the finish for review by City staff. 2. The canopy will match the existing roof. 3. Landscaping consisting of low height shrubs will be required along Virginia Beach Boulevard and 7halia Road in the grassed areas. 4. All repair and service activities will be conducted inside the building. The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twe -fifth of January. Nineteen Hundred and Ninety -Four Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. John D. Moss January 25, 1994 �i� y� 1� I Y': Q��G rfS �N1A.DF�cy�� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THALIA AUTOMOTIVE SERVICES, LLC / GEORGE P. CHRISTODAULIES, Conditional Use Permit, automotive repair establishment, 4300 Virginia Beach Boulevard (GPIN 1477859436). LYNNHAVEN DISTRICT. MEETING DATE: June 12, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow automotive repair on the site. The site was approved for a Conditional Use Permit as an automobile service station with gasoline pumps on January 25, 1994. The City Zoning Ordinance requires a Conditional Use Permit for both gasoline supply and automotive repair in the B-2 Community Business District. Recently the property owner rented the site to a new operator. The new operator does not want to sell gasoline; as a result, the applicant must request a new Conditional Use Permit for automotive repair. The gasoline fueling facilities have been removed from the site. The site is occupied by a three -bay service station, canopy, several sheds, a free- standing sign, and asphalt area. There is minimal landscaping adjacent to the roadways. There is a grassy area, approximately 34 -feet in width, behind the building. Access to the site is via two entrances on both Thalia Road and Virginia Beach Boulevard. The design of the building is a conventional service station, but with extensive Colonial style elements. ■ Considerations: The applicant provides automotive services that include oil changes, brake jobs, engine tune-ups, and transmission services. The business is open Monday through Friday from 7:30 a.m. to 5:00 p.m. There may be some Saturday work depending upon the work load. Employees on the site include a certified master technician and licensed state inspector. The use of the site for automotive repairs is consistent with the land use policies for the Suburban Area as recommended by the Comprehensive Plan. In partticualr, the proposed use provides a necessary service to the residents of the surrounding suburban neighborhoods. The request for automotive repair on this site will not be detrimental to the surrounding area, as it is the same use that has occupied the site since 1965, except for the elimination of the fuel sales. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: Thalia Automotive Services, Inc. Page 2 of 2 1. All automotive repairs shall be performed inside the building. 2. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. Vehicles awaiting repair shall be parked in the southwestern section of the site, which is depicted in yellow on the submitted plan. Vehicles awaiting pick-up shall be parked along the northeastern portion of the site, which is depicted in green on the submitted plan. 3. There shall be no outside storage of equipment, parts, or materials. 4. The canopy over the fueling pump area shall be removed within 90 days of City Council approval. 5. The free-standing sign shall be modified to conform to the City Zoning Ordinance or be removed within 90 days of City Council approval. If a new free-standing sign is installed, it shall be a monument -style sign, no more than 8 feet in height, with a brick base of at least two feet in height. 6. The vehicular driveway entrances on southeast portion of the site, closest to the intersection of Virginia Beach Boulevard and Thalia Road, with one on each roadway, shall be closed within 90 days of City Council approval. The closed areas shall be landscaped in accordance with the Site Plan Ordinance, Section 5A, Landscape requirements. 7. The applicant shall install evergreen shrubs, a minimum of three feet in height, along the western property line. 8. The cargo container behind the building shall be removed within 90 days of City Council approval. 9. The applicant shall obtain a Certificate of Occupancy for the change of use to an automobile repair facility from the Permits and Inspections division of the Planning Department before the business license is issued. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . V , LYNNHAVEN F-7ThaHa Automotive Services, LLC REQUEST: Conditional Use Permit (Automotive Repair) ADDRESS / DESCRIPTION: 4300 Virginia Beach Blvd. 1 May 9, 2012 Public Hearing APPLICANT: THALIA AUTOMOTIVE SERVICES, LLC PROPERTY OWNER: GOPA THREE LLC STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14778594360000 LYNNHAVEN 31,842 square feet Less than 65 dB DNL The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST automotive repair on the site. The site was approved for a Conditional Use Permit as an automobile service station with gasoline pumps on January 25, 1994. The City Zoning Ordinance requires a Conditional Use Permit for both gasoline supply and automotive repair in the B-2 Community Business District. Recently the property owner rented the site to a new operator. The new operator does not want to sell gasoline, and therefore must request a new Conditional Use Permit for automotive repair. The gasoline fueling stations have been removed from the site. The applicant states that he provides automotive services that include oil changes, brake jobs, engine tune-ups, and transmission services. The business is open Monday through Friday from 7:30 a.m. to 5:00 p.m. There may be some Saturday work depending upon the work load. Employees on the site include a certified master technician and licensed state inspector. The site is occupied by a three -bay service station, canopy, several sheds, a free-standing sign, and asphalt area. There is minimal landscaping adjacent to the roadways. There is a grassy area, approximately 34 -feet in width, behind the building. Access to the site is via two entrances on both Thalia Road and Virginia Beach Boulevard. The design of the building is a conventional service station, but with extensive Colonial style elements. THALIA AUTOMOTIVE SERVICES, INC. Agenda Item 1 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is developed with a three -bay gasoline service station and eight fueling positions. The site is zoned B-2 community Business district. SURROUNDING LAND North: . Office / B-2 Community Business USE AND ZONING: South: • Virginia Beach Boulevard • Across Virginia Beach Boulevard are office -retail uses / 0-1 Office and B-2 Community Business Districts East: . Thalia Road • Across Thalia Road are retail uses / B-2 Community Business District West: . Restaurant / B-2 Community Business District NATURAL RESOURCE AND Approximately two-thirds of the site is covered by impervious surfaces in CULTURAL FEATURES: the form of the building and asphalt areas. There are no natural resources or cultural features associated with the site. 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. The Plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): MTP: Virginia Beach Boulevard at this location is an eight -lane divided major urban arterial. The Master Transportation Plan recommends an eight -lane facility within a 155 -foot right-of-way. Currently, this segment of roadway is functioning near capacity at a LOS D. Thalia Road on the east side of the site is a two-lane undivided collector, local street. There is no recommendation for this roadway in the Master Transportation Plan. Currently, this segment of roadway is functioning at a LOS C. CIP: There are no Roadway Capital Improvement Program projects for the roadways in this area. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Virginia Beach 56,240 ADT' (Level of Existing Land Use —1,348 Boulevard 43, 729 ADT Service D — capacity) 3ADT Proposed Land Use — 60 Thalia Road 6,126 ADT' 6,200 ADT' (Level of ADT (5 AM Peak Hour / 7 Service C) PM Peak hour Average Daily Trips 2 as defined by a gasoline service station with 8 fueling positions 3 as defined by an automobile repair station with 3 service bays WATER and SEWER: This site is connected to City water and sewer. THALIA AUTOMOTIVE SERVICES, Agendall Page 2 EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The requested Use Permit to allow automotive repairs is consistent with the land use policies of the Comprehensive Plan's Suburban Area, particularly as the proposed use provides a necessary service to the residents of the surrounding suburban neighborhoods. The request for automotive repair on this site will not be detrimental to the surrounding area, as it is virtually the same use that has occupied the site since 1965. The only change is that motor vehicle fueling service will no longer be available on the site. CONDITIONS 1. All automotive repairs shall be performed inside the building. 2. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. Vehicles awaiting repair shall be parked in the northeast section of the site, which is depicted in yellow on the submitted plan. Vehicles awaiting pick-up shall be parked along the western portion of the site, which is depicted in green on the submitted plan. 3. There shall be no outside storage of equipment, parts, or materials. 4. The canopy over the fueling pump area shall be removed within 90 days of City Council approval. 5. The free-standing sign shall be modified to conform to the City Zoning Ordinance or be removed within 90 days of City Council approval. If a new free-standing sign is installed, it shall be a monument -style sign, no more than 8 feet in height with a brick base of at least two feet in height. 6. The vehicular driveway entrances on southeast portion of the site, closest to the intersection of Virginia Beach Boulevard and Thalia Road, with one on each roadway, shall be closed within 90 days of City Council approval. The closed areas shall be landscaped in accordance with the Site Plan Ordinance, Section 5A, Landscape requirements. 7. The applicant shall install evergreen shrubs, a minimum of three feet in height, along the western property line. 8. The cargo container behind the building shall be removed within 90 days of City Council approval. 9. The applicant shall obtain a Certificate of Occupancy for the change of use to an automobile repair facility from the Permits and Inspections division of the Planning Department before the business license is issued. THALIA AUTOMOTIVE SERVICES,MC. Agenda Item 1 Page 3 NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. THALIA AUTOMOTIVE SERVICES, INC. Agenda Item 1 Paae 4 AERIAL OF SITE LOCATION THALIA AUTOMOTIVE SERVICES, INC. Agenda Item 1 Page 5 6Z SITE LAYOUT SHOWING VEHICLE PARKING AREAS FOR COMPLETED REPAIRS AND PENDING REPAIRS - IA•B THALIA AUTOMOTIVE SERVICES, INC. Agenda Item 1 Page 6 � Y Vehicles Completed Vehicles Awaiting Repair ! �� i i : SITE LAYOUT SHOWING VEHICLE PARKING AREAS FOR COMPLETED REPAIRS AND PENDING REPAIRS - IA•B THALIA AUTOMOTIVE SERVICES, INC. Agenda Item 1 Page 6 LYNNHAVEN rwill .• _ r' -i l lldlld t�uWl,rlvii� ua,i i��a� L�� I to Scale H Zoning with Conditions.Protters. Open Space Promotion or POH-2 Overlays r I ` Lori 71 Eiw ZONING HISTORY CUP Tor Automotive Kepai # DATE REQUEST ACTION 1 1/25/94 Conditional Use Permit (Automobile Service Station) Approved Rezoning (RS -4 Residence Suburban and T-2 Motel 7/8/63 Tourist to CG -1 General Commercial) Approved 2 3/25/97 Conditional Rezoning (R5 -D Residential To 0-1 Office) Approved 3 12/17/96 Conditional Rezoning (B-3 Business To P-1 Approved Preservation) and Modification THALIA AUTOMOTIVE SERVICES, INC. Agenda Item 1 Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 'rHAL-tt., /i�kTUMOTIyL" S=�VtCESl LLC. (.)w ,lac -'-14c S F,1,i9R01AEiN S 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only If property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) F]Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 6 See next page for footnotes Does an official or eptgloyee of p Cjty of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? conditional Use Permit Application Page B of 10 Revised 713/2007 DISCLOSURE STATEMENT THALIA AUTOMOTIVE SERVICES, INC. Agenda Item 1 Page 8 A 0 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) fCo, Pc. ATTl1w-hCy ' "Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner In one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. J/1 A' Ys Sig ure Print Name Property Owner's prignature (if different than applicant) Print Narire conditional use Permit Application Page 10 of 10 Revised 71N2007 DISCLOSURE STATEMENT 4 THALIA AUTOMOTIVE SERVICES, .INC. Agenda Item 1 Page 9 Item #1 Thalia Automotive Services, L.L.C. Conditional Use Permit 4300 Virginia Beach Boulevard District 5 Lynnhaven May 9, 2012 CONSENT An application of Thalia Automotive Services, L.L.C. for a Conditional Use Permit for Automotive Repair on property located at 4300 Virginia Beach Boulevard, District 5, Lynnhaven. GPIN: 14778594360000. CONDITIONS 1. All automotive repairs shall be performed inside the building. 2. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. Vehicles awaiting repair shall be parked in the south western section of the site, which is depicted in yellow on the submitted plan. Vehicles awaiting pick- up shall be parked along the north eastern portion of the site, which is depicted in green on the submitted plan. 3. There shall be no outside storage of equipment, parts, or materials. a. The canopy over the fueling pump area shall be removed within 90 days of City Council approval. 5. The free-standing sign shall be modified to conform to the City Zoning Ordinance or be removed within 90 days of City Council approval. If a new free-standing sign is installed, it shall be a monument -style sign, no more than 8 feet in height with a brick base of at least two feet in height. The vehicular driveway entrances on southeast portion of the site, closest to the intersection of Virginia Beach Boulevard and Thalia Road, with one on each roadway, shall be closed within 90 days of City Council approval. The closed areas shall be landscaped in accordance with the Site Plan Ordinance, Section 5A, Landscape requirements. Item #I Thalia Automotive Services, L.L.C. Page 2 The applicant shall install evergreen shrubs, a minimum of three feet in height, along the western property line. 7. The cargo container behind the building shall be removed within 90 days of City Council approval. 8. The applicant shall obtain a Certificate of Occupancy for the change of use to an automobile repair facility from the Permits and Inspections division of the Planning Department before the business license is issued. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 1 ABSENT Item #I Thalia Automotive Services, L.L.C. Page 3 By a vote of 10-0, the Commission approved item 1 by consent. Peri Christodaulias and Burton Burroughs appeared before the Commission on behalf of the applicant. Cy� 3 h� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KROGER LIMITED PARTNERSHIP I/SUPER HOLLAND ASSOCIATES, LLP, Conditional Use Permit, automobile service station (fuel sales), 3901 Holland Road (GPIN 1486241897; 1486248827). ROSE HALL DISTRICT. MEETING DATE: June 12, 2012 ■ Background: The applicant requests a Conditional Use Permit for fuel sales. The area subject to the Use Permit will consist of 18 fueling stations (9 fuel dispensing pumps), an attendant kiosk, and a canopy covering the fueling area. The fuel sales area will be associated with a Kroger Marketplace store that is being constructed on the site as part of a redevelopment of a former Super Kmart store site. The fuel center will occupy approximately 15,200 square feet of the site. ■ Considerations: The submitted site plan depicts the canopy of the fueling center situated 67 feet from the Windsor Oaks Boulevard right-of-way and 75 feet from the property line of an outparcel located to the north. The principal access to and from the fueling center is via two entrances located on Windsor Oaks Boulevard. The design of the canopy and kiosk is typical of other fuel sale facilities located with Kroger stores. The proposed canopy is 160 feet by 43 feet (160' x 43') and 22 feet in height. Brick columns support a metal mansard style roof. The proposed kiosk is 8 feet by 21 feet (8'x 21') and 11 feet in height. The kiosk will be constructed of brick. The proposed Use Permit for an automobile service station (fuel sales) is consistent with the land use policies of the Comprehensive Plan for the Suburban Area. The proposed design of the building and site plan are consistent with the Comprehensive Plan's Special Area Development Guidelines for Suburban Areas. Staff finds that the applicant has submitted an acceptable design for the canopy, which will match the materials and colors of the proposed new building. Access and maneuverability to the site and within the site are acceptable. Additionally, the proposed location of the fueling facility is in an area that will not affect the operation of the retail store that will also be located on the site. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: Kroger Limited Partnership I Page 2 of 2 The site shall be developed substantially in accordance with the submitted "Conditional Use Site Plan", dated 2/28/12, and prepared by RLR Robertson Loia Roof Architects and Engineers. Signage depicted on the site plan is not approved. A separate sign package shall be submitted to the Planning Department / Current Planning and Zoning Administration for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed canopy, fuel pumps, and kiosk shall be constructed in substantial accordance with the submitted elevation "Kroger Fuel R-540 Holland Windsor", dated February 28, 2012. Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Planning Department / Current Planning and Zoning Administration for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall be recessed and lighting levels shall be a maintained average of 30 foot candles (fc). All lighting on the site should be consistent with those standards recommended by the Illumination Engineering Society. 4. Signage for the proposed use shall be limited to that which is allowed by the City Zoning Ordinance. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be externally illuminated. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, on the canopy or the canopy columns, or light poles. 5. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display signs, or "flag" style signs on the site. 6. There shall be no outdoor vending machines, ice boxes, or the display of merchandise anywhere within the facility area. 7. The applicant shall provide on the site a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ; City Manage . S /� ROSE HALL t;> 1(1-81. NoS� ak Partnership I I�•o er Limited P 1 12 a2 f1 _1 May 9, 2012 Public Hearing f APPLICANT: `r qe KROG E R LIMITED PARTNERSHIP Br/ Br PROPERTY OWNER: +moi i114, SUPER HOLLAND '^ 7Al2,­'r` ASSOCIATES 7 •� 1 } ' \� f • zq:� 01— CUA for Auto Service Station • Fuel Sales L.L.P. STAFF PLANNERS: Stephen White and Faith Christie REQUEST: Conditional Use Permit (Automobile Service Station (Fuel Sales) ADDRESS / DESCRIPTION: 3901 Holland Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14862418970000 ROSE HALL 15, 200 square feet Less than 65 dB DNL (entire site is 16.6 acres) The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site with a gasoline fueling center, canopy, and kiosk. The center will have 18 fueling stations (9 fuel dispensers) and is operated in conjunction with a grocery store. The fuel center will occupy approximately 15, 200 square feet of the site. The submitted site plan depicts the canopy / fueling center situated 67 feet from the Windsor Oaks Boulevard right-of-way and 75 -feet from the out parcel property line. Access to the center is from two entrances along Windsor Oaks Boulevard. The submitted canopy and kiosk elevation is typical of the Kroger brand gasoline facilities. The proposed canopy is 160 -feet by 43 -feet (160' x 43') and 22 feet in height. Brick columns support a metal mansard style roof. The proposed kiosk is 8 -feet by 21 -feet (8' x 21') and 11 feet in height. The kiosk will be constructed of brick. KROGER LIMITED PARTNERSHIP Agenda Item 11 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is currently occupied by a vacant retail building (fromer K -Mart), parking, and associated landscaping. The site is zoned Conditional B-2 Business. SURROUNDING LAND North: • Holland Road USE AND ZONING: • Across Holland Road are commercial uses / B-2 Business South: . Multi -family dwellings / A-12 Apartment East: • Townhomes and Multi -family dwellings / A-12 and A-18 Apartment West: • Windsor Oaks Boulevard • Across Windsor Oaks Boulevard is a retail use and vacant property / B-2 Business NATURAL RESOURCE AND The site is mostly impervious, covered with a building and parking. There CULTURAL FEATURES: is minimal green space on the site. There are no natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Suburban Area 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. The plan also reinforces suburban characteristics of commercial centers and other non- residential areas that make-up part of the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall development of the area. This is accomplished by having development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The larger site where this fuel sales facility is located has two unsignalized full -movement access points on Windsor Oaks Boulevard, one right -in / right -out access point on Windsor Oaks Boulevard, and one signalized access point on Holland Road at its intersection with Governors Way. The application proposes no changes to this access. Existing and proposed outparcels and an existing retail strip share the same access points. Holland Road is a four -lane urban minor arterial. It is listed in the Master Transportation Plan (MTP) as a six - lane facility in a 150 -foot right-of-way, but there is no Roadway CIP project for such an improvement. Windsor Oaks Boulevard is a four -lane collector. It is listed in the MTP as a four -lane facility in an 80 -foot right-of-way and is at its ultimate width. There is a CIP project — "Intersection Improvements at Holland Road and Windsor KROGER LIMITED PARTNERSHIP I Agenda Item 11 Page 2 Oaks Blvd (CIP # 2.177.001)," at the intersection of Holland Road and Windsor Oaks Boulevard. This project will modify the existing left -turn lanes on Holland Road. Construction begins in April 2012. Based on the information provided in the application, as well as the trip generation data available from the Institute of Transportation Engineers, the combination of a supermarket and gas station with 18 fueling positions is anticipated to create over 150 more morning peak -hour trips than the prior K -Mart. Typically, a Traffic Impact Assessment (TIA) would need to be performed for a development with that increase in traffic volumes. However, the site's access points are fully developed with turn lanes and a traffic signal. Since no improvements could be proposed which are not already in place, Traffic Engineering will not require a TIA. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 22,800 ADT Existing Land Use — 9,900 Holland Road 36, 300 ADT' (Capacity) ADT (317 Peak AM & 876 Peak PM) Windsor Oaks , 20,700 ADT' Proposed Land Use 3— Boulevard 8,400 ADT (Capacity) 13,164 ADT (480 Peak AM & 1,022 Peak PM) Average Daily Trips 2 as defined by a 190,000 square feet retail use 3 as defined by a 123,600 square feet supermarket and 18 fueling stations WATER and SEWER: The site is connected to City water and sewer. SCHOOLS: School populations are not affected by the use. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The proposed conditional use for an automobile service station (fuel sales) is consistent with the land use policies of the Comprehensive Plan for the Suburban Area. The building elevations and site plan provided are consistent with the Special Area Development Guidelines for Suburban Areas. Staff finds that the applicant has submitted an acceptable design for the canopy, which will match the materials and colors of the proposed new building. Access and maneuverability to the site and within the site are acceptable. Additionally, the proposed location of the fueling facility is in an area that will not affect the operation of the retail store that will also be located on the site. Staff, therefore, recommends approval subject to the conditions listed below. CONDITIONS The site shall be developed substantially in accordance with the submitted "Conditional Use Site Plan", dated 2/28/12, and prepared by RLR Robertson Loia Roof Architects and Engineers. Signage depicted KROGER LIMITED PARTNERSHIP Agenda Item 11 Page 3 on the site plan is not approved. A separate sign package shall be submitted to the Planning Department / Current Planning and Zoning Administration for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed canopy, fuel pumps, and kiosk shall be constructed in substantial accordance with the submitted elevation "Kroger Fuel R-540 Holland Windsor", dated February 28, 2012. Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Planning Department / Current Planning and Zoning Administration for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall be recessed and lighting levels shall be a maintained average of 30 foot candles (fc). All lighting on the site should be consistent with those standards recommended by the Illumination Engineering Society. 4. Signage for the proposed use shall be limited to that which is allowed by the City Zoning Ordinance. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be externally illuminated. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, on the canopy or the canopy columns, or light poles. 5. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display signs, or "flag" style signs on the site. 6. There shall be no outdoor vending machines, ice boxes, or the display of merchandise anywhere within the facility area. 7. The applicant shall provide on the site a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. KROGER LIMITED PARTNERSkIP I Agenda Iters 11 Page 4 AERIAL OF SITE LOCATION KROGER LIMITED PARTNERSHIP Agenda Item 11 Page 5 °` ❑ur rw,or", PROPOSED SITE PLAN KROGER LIMITED PARTNERSHIP I Agenda Item 11 Page 6 CANOPY AND KIOSK ELEVATIONS KROGER LIMITED PARTNERSHIP I Agenda Item 11 Page 7 N7 QF 6UP kP1\�^� ROSE HALL F:G-8 E B2* Zoning with Conditionsi'ProHers. Open Space Promotion or PDH -2 Ove rkays Kroo'er Limited Partnership I Of.. ©b ~O, T CUP for Auto Service Station - Fuel Sales ZONING HISTORY # DATE REQUEST ACTION 1 04/26/11 CUP (indoor recreational facility) Approved 07/10/01 MOD REZ (A-12 Apartment to Conditional B-2 Approved Business) and CUP automotive repair 2 07/10/01 REZ (A-12 Apartment & R-7.5 Residential to Approved Conditional B-2) MOD (A-12Apartment, R-7.5 Residential & B-2 Business to Conditional A-12 Apartment with PD -1-12 Overlay KROGER LIMITED PARTNERSHIP I Agenda Item 11 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) KRGP INC., an Ohio Corporation its general partner (list of officers attached) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) (see attached list) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Super Holland Associates, LLP: James M. Caplan, Manage; Lawrence Fleder, Manager 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) (see attached list) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No x If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7I3=7 DISCLOSURE STATEMENT KROGER LIMITED PARTNERSHIP I Agenda Item 11 Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) (see attached list) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Ap icant's Signature Print Name rfAier HoQApdjtg "te., L.P. L / o erty Owner's Signatu (if dfff#Fent than applicant) Print Name s D Conditional Use Permit Application Page 10 of 10 Revised 7!312007 DISCLOSURE STATEMENT KROGER LIMITED PARTNERSOJP I Agenda Iter.) 11 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, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) (see attached list) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. 3o'hn 1,utAs Appli ' Signature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT KROGER LIMITED PARTNERSHIP I Agenda Item 11 Page 11 ADDITIONAL DISCLOSURES Eddie Bourdon — Sykes, Bourdon, Ahern & Levy, PC (attorney) Tommy Drew —S.L. Nusbaum (consultant) Ali Daughtry— Robertson, Loia, Roof P.C. (civil engineering & permitting/approvals) Christian Castin - Robertson, Lola, Roof P.C. (Kroger store architecture) Dave Jones — Galloway (fuel center architecture) Jason Holmes — Fashion Inc. (canopy manufacturer) Ralph Hibbard — Sagebrush (kiosk manufacturer) Contractor -TBD Edward F. Rudiger— Engineering Services, Inc. (surveyor) Paul Stevens—AMSC (environmental engineer) David Anderson — ECS Mid -Atlantic, LLC (geotechnical engineer) Dick Shively—Artlite Signs (sign installer) Fidelity National Title (Title Insurance) DISCLOSURE STATEMENT KROGER LIMITED PARTNERSHIP I Agenda Item 11 Page 12 Property Owner: Super Holland Associates, LLP — James M. Caplan (manager); Lawrence Fleder (manager) Affiliated Entities: HIC, LLC — James M. Caplan (manager); The Caplan Family Trust 1976 (member) HIF, LLC — Lawrence Fleder (manager); The Fleder Family Trust 1976 (member) Mach One, LLC — James M. Caplan (manager) or Lawrence Fleder (manager); CH&B Associates, LLP (member) DISCLOSURE STATEMENT KROGER LIMITED PARTNERSHIP I Agenda Item 11 Page 13 KRGP INC. an Ohio corporation OFFICERS David B. Dillon President Paul W. Heldman Vice President and Secretary Scott M. Henderson Vice President and Treasurer Patricia T. Ash Vice President and Assistant Secretary Martha Cutright Sarre Vice President and Assistant Secretary Bruce M. Gack Vice President and Assistant Secretary Mary Elizabeth Van Oflen Vice President and Assistant Treasurer James E. Hodge Vice President Kevin M. Dougherty Vice President Dorothy D. Roberts Assistant Secretary Thomas A. Smith Assistant Treasurer DIRECTORS David 8. Dillon Paul W. Heldman J. Michael Schlotman Bruce M. Gack DISCLOSURE STATEMENT KROGER LIMITED PARTNERSHIP Agenda Item 11 Page 14 Item #11 Kroger Limited Partnership I Conditional Use Permit 3901 Holland Road District 3 Rose Hall May 9, 2012 CONSENT An application of Kroger Limited Partnership I for a Conditional Use Permit for automotive service station (fuel sales) on property located at 3901 Holland Road, District 3, Rose Hall. GPIN: 14862418970000. CONDITIONS The site shall be developed substantially in accordance with the submitted "Conditional Use Site Plan", dated 2/28/12, and prepared by RLR Robertson Loia Roof Architects and Engineers. Signage depicted on the site plan is not approved. A separate sign package shall be submitted to the Planning Department / Current Planning and Zoning Administration for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed canopy, fuel pumps, and kiosk shall be constructed in substantial accordance with the submitted elevation "Kroger Fuel R-540 Holland Windsor", dated February 28, 2012. Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Planning Department / Current Planning and Zoning Administration for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall be recessed and lighting levels shall be a maintained average of 30 foot candles (fc). All lighting on the site should be consistent with those standards recommended by the Illumination Engineering Society. 4. Signage for the proposed use shall be limited to that allowed by the City Zoning Ordinance. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be Item #11 Kroger Limited Partnership I Page 2 externally illuminated. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, on the canopy or the canopy columns, or light poles. 5. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display signs, or "flag" style signs on the site. 6. There shall be no outdoor vending machines, ice boxes, or the display of merchandise anywhere within the facility area. 7. The applicant shall provide on the site a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE NAY 0 ABS 0 ABSENT 1 ABSENT Item #11 Kroger Limited Partnership I Page 3 RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 11 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. �o moi; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WHEEL AND RIM REPAIR, INC., Conditional Use Permit, automobile repair garage, 3428 Chandler Creek Road (GPIN 1485949212). ROSE HALL DISTRICT. MEETING DATE: June 12, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow an auto repair garage within an existing building on the property. Specifically, the applicant is proposing an auto body shop for collision repairs and painting, which the Zoning Ordinance classifies as a more intensive type of automobile repair than standard maintenance types of automobile service. A Conditional Use Permit is required for an automobile repair garage located in the 1-1 Light Industrial District. This site is part of a larger 33 -acre industrial park known as Rosemont Commerce Center. Some of the businesses located within the park also include an automobile repair garage as part of their business. The subject site was created through a rezoning of the 33 -acre site from R -5D Residential Duplex District to Conditional 1-1 Light industrial on July 3, 2001. ■ Considerations: The applicant proposes to operate the repair garage from 9:00 a.m. to 5:00 p.m., Monday through Friday, and from 10:00 a.m. to 4:00 p.m. on Saturdays. The applicant presently has one employee and proposes up to two additional employees. The applicant's business is relatively small in scale. There is sufficient parking for the use on the site. The existing 4,370 square foot one-story building on the site is currently utilized for automobile -related repairs. The proposed automobile body shop for collision repairs and painting is suitable within this industrially zoned commerce park. The location for this use is consistent with the land use policies of the Comprehensive Plan's Suburban Area, being well -buffered from nearby residential areas. Additionally, this property is encumbered by a restrictive AICUZ easement, but the proposed use is allowed. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. All motor vehicle repairs shall take place inside the building. Wheel and Rim Repair, Inc. Page 2 of 2 2. All painting shall be done indoors with the exterior doors closed. 3. There shall be no outside display or storage of equipment, parts or materials. 4. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 5. There shall be no storage containers outside the building, including parking spaces. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises. All lighting shall be deflected, shaded, and focused away from adjoining property. 7. A Certificate of Occupancy shall be obtained from the Building Official for the appropriate Use Group. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. r Submitting Department/Agency: Planning Department` t City Manager: ROSE HALL ♦179..,..1 -J Dim Da»air Inv REQUEST: Conditional Use Permit (Auto Repair Garage) ADDRESS / DESCRIPTION: 3428 Chandler Creek Road 13 May 9, 2012 Public Hearing APPLICANT: WHEEL AND RIM REPAIR, INC PROPERTY OWNER: LPL PROPERTIES, LLC STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14859492120000 ROSE HALL 46,056 square feet 65 - 70 dB DNL LEASE SPACE: Sub -Area 3 3,200 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow an auto repair garage within an existing building on the property. Specifically, the applicant is proposing an auto body shop for collision repairs and painting. The property was part of a 33 acre rezoning request from R -5D Duplex District to Conditional 1-1 Light industrial that was approved by City Council on July 3, 2001. A Conditional Use Permit for auto repair facility is required by the City's Zoning Ordinance in the 1-1 Light Industrial District. The applicant proposes to operate the shop from 9:00 a.m. to 5:00 p.m. Monday through Friday and from 10:00 a.m. to 4:00 p.m. on Saturdays. The applicant presently has one employee and proposes up to two additional employees. The applicant's business is relatively small in scale. There is sufficient parking for the use on the site. The existing 4,370 square -foot one-story building on the site is currently utilized for auto related repairs. WHEEL AND RIM REPAIR, INC. Agenda Item' 13 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: This site is located within the Rosemont Commerce Center and has a one-story structure with associated parking. SURROUNDING LAND North: . Undeveloped land / P-1 Preservation District USE AND ZONING: South: • Chandler Creek Road • Office /warehouse / 1-1 Light Industrial District East: • Chandler Creek Road • Office /warehouse / 1-1 Light Industrial District West: . Office / 1-1 Light Industrial District NATURAL RESOURCE AND The majority of the site is impervious. There are no known significant CULTURAL FEATURES: natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: 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 this area. The plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area. This is accomplished by having development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from 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 (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located on Chandler Creek Road, which is a cul-de-sac extending north from an unsignalized intersection on South Rosemont Road. Rosemont Road is a two-lane urban minor arterial. The Master Transportation Plan Major Street Network Ultimate Rights -of -Way identifies this segment of Rosemont for future expansion to four lanes but there are no CIP projects programmed for this widening. Chandler Creek is a local roadway that serves the industrial sites located within the industrial park. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Rosemont Road 14,400 ADT 10,700 ADT (Level of Existing Land Use — (2012) Service "D") — Capacity 35 ADT Up to 13,100 ADT' Proposed Land Use 3 - Level of Service "E" No change to the site's trip generation Chandler Creek Unknown Up to 9,900 ADT Road (Level of Service "D") Average Daily Trips s as defined by auto repair 3 as defined bv at re air WHEEL AND RIM REPAIR, INC. Agenda Item 13 Page 2 WATER and SEWER: This site is already connected to City water and City sanitary sewer. FIRE AND RESCUE: No comments at this time. EVALUATION AND RECOMMENDATION This site is part of a larger industrial park of 33 acres known as Rosemont Commerce Center. Some of the businesses located within the park have auto repair. The proposed auto body shop for collision repairs and painting is suitable within this industrially zoned commerce park. The location for this use is consistent with the land use policies of the Comprehensive Plan's Suburban Area. This property is encumbered by a restrictive AICUZ easement but the proposed use is not restricted. This proposal is also a substantial distance from any residentially zoned properties. Staff recommends approval of this request with the conditions below. CONDITIONS 1. All motor vehicles repairs shall take place inside the building. 2. All painting shall be done indoors with the exterior doors closed. 3. There shall be no outside display or storage of equipment, parts or materials. 4. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 5. There shall be no storage containers outside the building or in parking spaces. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises. All lighting shall be deflected, shaded and focused away from adjoining property. 7. A Certificate of Occupancy shall be obtained from the Building Official for the appropriate use group. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. WHEEL AND RIM REPAIR, INC. Agenda Item 13 Page 3 "far,: ������e ��l�I� ° G' �" ; � C� y e.g a§-'R�yr aY �a:A�rla%tggYp�� R a b6��;rjEb�sgg=aaj: b .plg��j►.��3n�a � pp38 zg,lis,'iiia -y- � :^z�,R � '� �� R•� pSrS b i Il� tt Fx it }fill i,= pisf E{ °ia�r�2ilE�d33ay� ijytyFF�ii;rj`:At Mii3i�sii�e��J� � r a ae e i y 5 eir g 'y [3 Yyg i -��:i� �F #� i.. 7 Sx4 Sy �S i• ![ i�[ p� 9IIR � �S � �� s � s� sF se s�• sFl s� s s� a� s. s� s.t � �� GV064NOW350N RMOS SITE SURVEY SHOWING LOCATION OF PROPOSED USE r? IA•}i'q�t,l WHEEL AND RIM REPAIR, INC. l Agenda Item 13 Page 5 2' A Op Dllk Id AT C ,�( PHOTOGRAPHS OF BUILDING A ►jfia;' WHEEL AND RIM REPAIR, INC.�!� Agenda Item 13 Page 6 ZONING HISTORY # DATE REQUEST ACTION 1 00/00/2009 Conditional Use Permit (Bulk stora e) Approved 2 07/18/2006 Conditional Use Permit Bulk storage) Approved 3 03/28/2006 Conditional Use Permit (Automotive Repair) Approved 4 08/24/2004 Conditional Rezoning (R -51D to 0-1 & R -51D) Approved 5 08/10/2004 Conditional Rezoning (R -5D to 1-1, 1-2 & P-1) Approved 6 11/12/2002 Conditional Use Permit (church expansion) Approved 7 07/03/2001 Conditional Rezoning (R -51D to 1-1) Reconsideration of Conditions Approved 10/27/1998 Conditional Rezoning (R -51D to 1-1) Denied 09/22/1998 Conditional Use Permit (processin_q woody vegetation) Approved 8 09/14/1999 Conditional Rezoning (R -51D to 1-1) 1 Approved ►�". �1A-Bp- WHEEL AND RIM REPAIR, INC. Agenda Item 13 Page 7 n R Mat DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) UL- uopeizrIES LL 6, . L�F-d i NJ _ tJ 8-u Y4iLsW . 2. List all businesses that have a parent -subsidiary' or affiliated business ntity2 relationship with the applicant: (Attach list if necessary) F] Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or eoyee otalior ty of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the employee and the nature of their interest? CordHional Use Permit ApplicaWn Page 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT WHEEL AND RIM REPAIR, INC. Agenda Item 13 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for urposes of processing �and ��evaluating this application. Applicant's Si nature Print Name p� JAS �T Lco('i Property Owner ure (k different than applicant) Print Name Conddional Use Persalt AppOcal- Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT WHEEL AND RIM.REPAIR, INC. Agenda Item 13 Page Item #13 Wheel and Rim Repair, Inc. Conditional Use Permit 3428 Chandler Creek Road District 3 Rose Hall May 9, 2012 CONSENT An application of Wheel and Rim Repair, Inc. for a Conditional Use Permit for an auto repair garage on property located at 3428 Chandler Creek Road, District 3, Rose Hall. GPIN: 14859492120000. CONDITIONS 1. All motor vehicles repairs shall take place inside the building. 2. All painting shall be done indoors with the exterior doors closed. 3. There shall be no outside display or storage of equipment, parts or materials. 4. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 5. There shall be no storage containers outside the building or in parking spaces. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises. All lighting shall be deflected, shaded and focused away from adjoining property. 7. A Certificate of Occupancy shall be obtained from the Building Official for the appropriate use group. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit Item # 13 Wheel and Rim Repair, Inc. Page 2 are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. By a vote of 10-0, the Commission approved item 13 for consent. Horace Linton appeared before the Commission on behalf of the applicant. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON ABSENT HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 13 for consent. Horace Linton appeared before the Commission on behalf of the applicant. -41 - Item V-K.S. PLANNING ITEM # 56304 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph April 10, 2007 -40 - Item V -K. 5. PLANNING ITEM # 56304 ADOPTED an Upon motion by Vice Mayor Jones, seconded by ALVARY CHAPEL OF Councilman BEACH for a1Condi Tonal Use Ordinance upon application of C Permit re a church: ORDINANCE BEACH FOR A APPLICATION VIRGIN CONDITIONAL USE PERMIT FOR A VIRGINIA CHURCH 8040734214 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Calvary Chapel of Virginia Beach for a Conditionaldian RoadU1 GPIN 1465483186)• AICUZpis Lessrty a thanted t652dBnLdn. River DISTRICT 2 — KEMPSVILLE The following conditions shall be required: 1. The applicant shall obtain all necessary alteration permits and a Certificate of Occupancy for the change of use from the Department of Planning/ Permits and Inspections Division and the Fire Department for a religious facility. 2. There shall be no more than 140 individuals, or the number of individuals approved by the Building and Fire Officials, whichever is less, on the site during services. 3. Parking shall be permitted on-site or within parking spaces of which other tenants have given the church written permission to park. The church shall keep on file all notices where other tenants have granted permission to utilize such parking. 4. All signs on the site shall be in conformance with the Zoning Ordinance in regards to signage regulation. The existing roof sign must be removed 5. Internal coverage landscaping and residential screening shall be in conformance with the Site Plan Ordinance and Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107 (n of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of April Two "Thousand Seven April 10, 2007 101 .4 44 :1 W LIN r a wo .:� ca t9 (73 ca t9 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CALVARY CHAPEL, Conditional Use Permit, church, 5230 Indian River Road (GPIN 14654728240006) KEMPSVILLE DISTRICT. MEETING DATE: June 12, 2012 ■ Background: The Conditional Use Permit permitting the church was approved by the City Council on April 10, 2007. That Use Permit permitted the church to use three existing buildings located on the subject site for church services, office space, and a "Kid's Zone." The currently requested Use Permit will expand the church's operation into a fourth building, which is an existing day care operation. ■ Considerations: The church operates the day care facility, which the church can operate without a Use Permit in the B-2 Business District. The church proposes to also use the building for Sunday School classes and activities, which requires the modification to the church's Use Permit to this part of the site. No changes to the building or the property are proposed. The church's use of the building as proposed will have minimal impact to the other businesses located on this property and within the vicinity. No additional traffic generation is expected, and there is more than sufficient parking for the existing 150 member church. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions, which reaffirm the conditions of the 2007 Use Permit: 1. The applicant shall obtain all necessary permits and a Certificate of Occupancy as deemed necessary by the Building Official's Office for all uses and buildings under the church's purview. 2. The total occupancy load for each building shall be established by the Building Official's Office and the Fire Marshall; however, due to the parking limitations, there shall never be more than 140 people within the sanctuary. Calvary Chapel Page 2of2 3. Parking for church use and activities shall be permitted anywhere on the site where written permission is obtained to utilize these spaces. 4. All signs on the site shall be in conformance with the Zoning Ordinance. Roof mounted signs are prohibited. 5. Category IV screening adjacent to residential neighborhood to the north shall be installed and maintained in conformance with the Zoning Ordinance. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department I� City Manager: t� } REQUEST: Modification of a Conditional Use Permit for a church expansion ADDRESS / DESCRIPTION: 5230 Indian River Road 9 May 9, 2012 Public Hearing APPLICANT: CALVARY CHAPEL PROPERTY OWNER: TIBBITT PROPERTIES - ACREDALE, LLC STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14654728240000 KEMPSVILLE Entire site: 6 acres Less than 65 dB DNL Building size: 5,000 square feet SUMMARY OF REQUEST The Conditional Use Permit permitting the church was approved by the City Council on April 10, 2007. This request included the church occupying three existing buildings within this complex to hold church services, office space, and a Kid's Zone. This proposal adds a forth building, an existing day care operation, to the church's Conditional Use Permit. Within this structure, the church proposes to operate a day care facility (which they can do as a matter of right with the B-2 zoning) as well as hold Sunday school. No changes to the building or the property are proposed. The church employs eight people and has a membership of approximately 150. Typically, church services are not held during normal weekday business hours and are help on Sundays at 8:00 am, 10:00 am, and 11:00 am and then on Wednesday evenings at 6:00 pm. LAND USE AND PLAN INFORMATION EXISTING LAND USE: mixed retail and office uses, three church buildings and parking lots CALVARY CHAPEL Agenda Item 9 Page 1 SURROUNDING LAND North: . Single family dwellings/ R-15 Residential District USE AND ZONING: South: . Mixed retail / B-2 Community Business District East: 0 Mixed retail / B-2 Community Business District West: . Self storage / B-2 Community Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There are no CULTURAL FEATURES: significant environmental or cultural features on the site as it is almost entirely impervious. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as within the Suburban Area and recommends that protection of the overall character, economic value, and aesthetic quality of the stable neighborhoods is vital. The Plan further states that development proposals in the Suburban Area either maintain or enhance existing neighborhoods 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. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road is a six lane divided major urban arterial. The MTP calls for an eight lane facility within a 150 foot right- of-way. A roadway CIP (CIP 2-190.006) is slated for this area for the reconstruction of the Indian River/Kempsville Road intersection to increase capacity and improve safety and traffic flow. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Indian River Road 66,106 ADT 26,300 ADT (Level of WEEKDAY: Service "C") - 48,200 Existing Land Use 2— 392 ADT 1 (Level of Service ADT "E") Proposed Land Use 3— 392 ADT Average Daily Trips Y as defined by existing daycare operation 3 as defined by Sunday school addition — no change anticipated WATER & SEWER: This site is already connected to City water and sewer. CALVARY -CHI-%! �L Agenda Item 9 Page 2 EVALUATION AND RECOMMENDATION The request to add a additional property with an existing structure to the Calvary Church's current Conditional Use Permit is recommended for approval. The building proposed to be used to expand church activities, primarily Sunday school use, will have minimal impact to the other businesses located on this property and within the vicinity. The church currently operates a daycare facility within this building as a matter of right under the B-2 District but a modification to the existing CUP is required as the church wishes to use the building for church uses from time to time. No additional traffic generation is expected and there is more than sufficient parking for the existing 150 member church. Staff recommends approval of this requested modification with the conditions that listed below, which reaffirm the 2007 approval. CONDITIONS 1. The applicant shall obtain all necessary permits and a Certificate of Occupancy as deemed necessary by the Building Official's Office for all uses and buildings under the church's purview. 2. The total occupancy load for each building shall be established by the Building Official's Office and the Fire Marshall; however, due to the parking limitations, in no event shall there be more than 140 people within the sanctuary. 3. Parking for church use and activities shall be permitted anywhere on the site where written permission is obtained to utilize these spaces. 4. All signs on the site shall be in conformance with the Zoning Ordinance. Roof mounted signs are prohibited. 5. Category IV screening adjacent to residential neighborhood to the north shall be installed and maintained in conformance with the Zoning Ordinance. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CALVARY -CHAPEL Agenda Item 9 Page 3 ��. fi �d. 'Ly� P AQ 0 IV 4 40 y plwwW'n Proposed W.B.L. INDIAN RIVER ROAD (VAR. MOTH R PROPOSED SITE PLAN CALVARY CHAPEL Agenda Item 9 Page 5 ZONING HISTORY # DATE REQUEST ACTION 1 09/28/10 04/10/07 09/28/93 05/29/90 11/13/89 CUP (indoor recreation facility) CUP (church) CUP (auto repair) CUP (auto repair) CUP auto repair Granted Granted Granted Granted Withdrawn 2 02/23/10 10/26/04 MOD of Proffers (auto repair) REZ 0-2 to Conditional B-2 Granted Granted 3 07/13/04 MOD of Conditions auto re air Granted 4 12/02/03 CUP church Granted 5 12/07/99 05/23/88 CUP (auto repair) CUP (auto repair) Granted Withdrawn 6 06/19/95 SVR Granted 7 01/26/93 CUP (truck rentals) Granted 8 05/26/92 REZ (0-2 to Conditional B-2) Granted 9 11/08/94 CUP (car wash) Granted --��t�l A • 13FA�,' CALVARY CHAPEL 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. below: (Attach list if necessary) C IU4 C yd ,,,,�, �..; 7ha i 2. 1 J all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) E] Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list /f necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) F] Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes C) Icy 1� �-t �y CJr� O Does an official ore oyee of City of Virginia Beach have an interest in the subject land? Yes LL No If yes, what is the name of the official or employee and the nature of their interest? Cowftonai Usa Pwmh Application r `� Pape a of io R"iwd 7/312007 DISCLOSURE STATEMENT CALVARY CHAPEL Agenda Item 9 Page 7 0 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shams possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Jason �rri✓taiGn Ap icanfs Signature Print Name OM1 ,� AWS -aa Tarr Property Owner's Igna ure (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/312007 DISCLOSURE STATEMENT CALVARY CHAPEL Agenda Item 9 Page 8 Item #9 Calvary Chapel Modification of a Conditional Use Permit 5230 Indian River Road District 2 Kempsville May 9, 2012 CONSENT An application of Calvary Chapel for a Modification of a Conditional Use Permit for a church expansion on property located at 5230 Indian River Road, District 2, Kempsville. GPIN: 14654728240000. CONDITIONS 1. The applicant shall obtain all necessary permits and a Certificate of Occupancy as deemed necessary by the Building Official's Office for all uses and buildings under the church's purview. 2. The total occupancy load for each building shall be established by the Building Official's Office and the Fire Marshall; however, due to the parking limitations, in no event shall there be more than 140 people within the sanctuary. 3. Parking for church use and activities shall be permitted anywhere on the site where written permission is obtained to utilize these spaces. 4. All signs on the site shall be in conformance with the Zoning Ordinance. Roof mounted signs are prohibited. 5. Category IV screening adjacent to residential neighborhood to the north shall be installed and maintained in conformance with the Zoning Ordinance. Item #9 Calvary Chapel Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. By a vote of 10-0, the Commission approved item 9 for consent. Jason Arrington appeared before the Commission on behalf of the applicant. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON ABSENT HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 9 for consent. Jason Arrington appeared before the Commission on behalf of the applicant. V ZO Z40 04 'A 7 s.� iz, ri CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHAEL H. NORMENTMOAN DALIS, Conditional Use Permit, commercial parking lot, 3233 Pacific Avenue (GPIN 2428023726). BEACH DISTRICT. MEETING DATE: June 12, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site with a commercial parking lot. The site was previously occupied by the Black Angus restaurant, which has been closed for many years. The old vacant building was recently demolished. The applicant proposes use of the site for a parking lot as an interim use until the site can be developed with a use consistent with the Resort Area Strategic Action Plan. ■ Considerations: The submitted site plan depicts 77 parking spaces. The site is a mix of regular -sized spaces, compact spaces, parallel spaces, and motorcycle spaces. Proposed access to the site is via Pacific Avenue and 33rd Street. The plan also shows an attendant's kiosk and trash receptacles. The submitted landscape plan depicts both street frontage and interior parking lot landscaping. The street frontage landscaping exceeds the requirements found in the Site Plan Ordinance under the landscaping requirements. The interior parking lot landscaping is short one tree; however, the enhanced street frontage landscaping negates that issue. The applicant plans to operate the site seven days a week, from 6:00 a.m. to 12:00 a.m., midnight. The site will be staffed with one or two employees. The following items will need to be added or corrected during detailed site plan review: Four handicap accessible parking spaces are required. One of those spaces must be van accessible; Nine trash receptacles are required; The site must be secured at all points of ingress and egress by a gate, consisting of materials, such as black vinyl -coated chain link, white vinyl picket or black wrought iron, which are generally recognized within the industry as maintenance -free, except during hours of operation. As discussed above in the Traffic Engineering section of this report, the gate(s) must be located a minimum of 30 -feet from the property line to eliminate any stacking problems on the rights -of -ways; Michael H. Norment Page 2of2 One additional tree is required in the parking lot; Bumper parking blocks must be installed along the southern property line to prevent the front or rear of vehicles from extending over the property line. The parking blocks must be a minimum of 2.5 -feet from the property line; The development must comply with stormwater management requirements. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The applicant shall comply with the requirements of City Code for commercial parking lots. These requirements are found in Chapter 23, Section 23-58. 2. The submitted site and landscape plans shall be modified as follows: a. Four handicap accessible parking spaces are required. One of those spaces shall be van accessible; b. Nine trash receptacles shall be required; c. The site shall be secured at all points of ingress and egress by a gate, consisting of materials, such as black vinyl -coated chain link, white vinyl picket, or black wrought iron (generally recognized within the industry as maintenance -free) except during hours of operation. The gate(s) must be located a minimum of 30 feet from the property line to eliminate any stacking problems on the adjacent right-of-ways; d. One additional tree is required in the parking lot; e. Bumper parking blocks shall be installed along the southern property line to prevent the front or rear of vehicles from extending over the property line. The parking blocks shall be a minimum of 2.5 -feet from the property line; f. Addition of stormwater management facilities as required. 3. The proposed entrances shall be required to meet City of Virginia Beach Public Works standards for commercial entrances as detailed in the Public Works Standards, Section 3.10.3. These requirements include a 30 -foot width (for two- way access points) or an 18 -foot to 22 -foot width (for one-way access), measured at the property line, as well as 15 -foot radii at the entrance. 4. All parking for employees shall be met on site. Parking spaces for employees shall be designated with a sign or painted on the space. 5. The applicant shall obtain a Certificate of Occupancy for the use from the Permits and Inspections Division of the Planning Department before the business license is issued. Michael H. Norment Page 3of2 ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departments P City Manager. S is BEACH nisi, Ni -5 Michael H. Norment REQUEST: Conditional Use Permit (Commercial Parking Lot) ADDRESS / DESCRIPTION: 3233 Pacific Avenue 5 May 9, 2012 Public Hearing APPLICANT: MICHAEL H. NORMENT PROPERTY OWNER: JOAN DALIS STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24280237260000 BEACH 31,600 square feet 65-70 and 70-75 dB DNL; Sub Area 1 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site with a commercial parking lot. The submitted site plan depicts 77 parking spaces. The site is a mix of regular sized spaces, compact spaces, parallel spaces, and motorcycle spaces. Proposed access to the site is via Pacific Avenue and 33rd Street. The plan also shows an attendant's kiosk and trash receptacles. The submitted landscape plan depicts both street frontage and interior parking lot landscaping. The street frontage landscaping exceeds the requirements found in the Site Plan Ordinance under the landscaping requirements. The interior parking lot landscaping is short one tree; however the enhanced street frontage negates that issue. The applicant plans to operate the site seven days a week from 6:00 am to Midnight. The site will be staffed with one or two employees. The applicant states this is an interim use for the site. MICHAEL H. NORMENT Agenda Item 5 Page 1 Rh1 - RT2� �� v. RT1 d streeo- '� � • � � , RTS 1- RT3 •\ \\ x1 I!]MeOr z.a,� »+W c.w;wNpan.a. oa.. SP.c. Pror..ii.. erPM•2 Arrbya CUA for Commercial Parking lot REQUEST: Conditional Use Permit (Commercial Parking Lot) ADDRESS / DESCRIPTION: 3233 Pacific Avenue 5 May 9, 2012 Public Hearing APPLICANT: MICHAEL H. NORMENT PROPERTY OWNER: JOAN DALIS STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24280237260000 BEACH 31,600 square feet 65-70 and 70-75 dB DNL; Sub Area 1 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site with a commercial parking lot. The submitted site plan depicts 77 parking spaces. The site is a mix of regular sized spaces, compact spaces, parallel spaces, and motorcycle spaces. Proposed access to the site is via Pacific Avenue and 33rd Street. The plan also shows an attendant's kiosk and trash receptacles. The submitted landscape plan depicts both street frontage and interior parking lot landscaping. The street frontage landscaping exceeds the requirements found in the Site Plan Ordinance under the landscaping requirements. The interior parking lot landscaping is short one tree; however the enhanced street frontage negates that issue. The applicant plans to operate the site seven days a week from 6:00 am to Midnight. The site will be staffed with one or two employees. The applicant states this is an interim use for the site. MICHAEL H. NORMENT Agenda Item 5 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site was previously occupied by the Black Angus restaurant which has been closed for many years. The old vacant building was recently demolished. The site is zoned RT -2 and RT -3 Resort Tourist districts. SURROUNDING LAND North: . Retail uses and parking garage / RT -1 and RT -2 Resort Tourist USE AND ZONING: South: . Offices and hotel / RT -2 and RT -3 Resort Tourist East: . Retail uses / RT -2 Resort Tourist West: • Pacific Avenue Across Pacific Avenue is a vacant building / RT -3 Resort Tourist NATURAL RESOURCE AND The site is mostly impervious, covered by an old parking lot and the CULTURAL FEATURES: footprint of the old building. There are no natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Urban Area - Strategic Growth Area 8, Resort Area. The Comprehensive Plan designates this area of the City as Urban Area - Strategic Growth Area 8, Resort Area. The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth. In addition, the Resort Area Strategic Action Plan (RASAP) calls for a district parking strategy with centralized and shared parking to alleviate growing traffic demand, reduce surface parking, and concentrate traffic flow. The RASAP also designates Pacific Avenue as a Vehicular Priority Street. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this site is proposed to be from 33rd Street and Pacific Avenue. Pacific Avenue is a 4 -lane minor urban arterial with an 80 -foot (80') right-of-way width. The City's Master Transportation Plan indicates an ultimate 70 -foot right-of- way width for Pacific Avenue. This portion of Pacific Avenue is part of the Laskin Gateway CIP project (CIP 2- 143) and some asphalt milling and repaving, along with minor re -striping of pavement markings, is scheduled to be accomplished with Phase IV of this CIP project. Thirty-third Street is a two-lane local street with a 60 -foot right-of-way width, and is not included on the City's Master Transportation Plan. No roadway CIP projects are currently scheduled for this portion of Thirty-third Street. • There is no ITE Trip Generation data for a commercial parking lot, as the parking lot itself does not generate trips. Trips are actually generated by the nearby land uses, and are concentrated at the parking lot. Therefore, trip generation has not been calculated for this application. The proposed entrances will be required to meet City of Virginia Beach Public Works standards for commercial entrances as detailed in the Public Works Standards, Section 3.10.3. These requirements include a thirty-foot width (for two-way access points) or an eighteen- to twenty -two -foot Width (for one - MICHAEL H. NORMENT Agenda Item 5 Page 2 way access), measured at the property line, and fifteen -foot radii at the entrance. The "Site Plan" submitted with this package depicts a gate across the entrance from Pacific Avenue into the proposed parking lot. This gate will need to be moved so that it is located thirty feet from the eastern edge of pavement of Pacific Avenue, in order to allow for entering vehicles to stop prior to proceeding through the gate without impacting thru traffic on Pacific Avenue. This requirement is in accordance with Public Works Standards Section 3.10.3(e). TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Pacific Avenue 23, 030 ADT 22,800 ADT Existing Land Use —1,183 ADT Proposed Land Use 3— No information available Average Daily Trips 2 as defined by .725 acres of RT -3 Resort Tourist property EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The proposed commercial surface parking lot is not consistent with the long term vision for this area; however, it is acceptable as an interim use. The applicant has designed a commercial lot that conforms to most of the requirements of Section 23-58 of the City Code. The following items will need to be added or corrected during detailed site plan review: Four handicap accessible parking spaces are required. One of those spaces must be van accessible; • Nine trash receptacles are required; • The site must be secured at all points of ingress and egress by a gate, consisting of materials, such as black vinyl -coated chain link, white vinyl picket or black wrought iron, which are generally recognized within the industry as maintenance -free, except during hours of operation. As discussed above in the Traffic Engineering section of this report, the gate(s) must be located a minimum of 30 -feet from the property line to eliminate any stacking problems on the rights -of - ways; • One additional tree is required in the parking lot; • Bumper parking blocks must be installed along the southern property line to prevent the front or rear of vehicles from extending over the property line. The parking blocks must be a minimum of 2.5 -feet from the property line; • The development must comply with stormwater management requirements. CONDITIONS 1. The applicant shall comply with the requirements of City Code requirements for commercial parking lots. These requirements are found in Chapter 23, Section 23-58. 2. The submitted site and landscape plans shall be modified to comply with the requirements listed in the evaluation section of the report. MICHAEL H. NORMENT Agenda Item 5 Page 3 3. The proposed entrances shall be required to meet City of Virginia Beach Public Works standards for commercial entrances as detailed in the Public Works Standards, Section 3.10.3. These requirements include a 30 -foot width (for two-way access points) or an 18 -foot to 22 -foot width (for one-way access), measured at the property line, and 15 -foot radii at the entrance. 4. All parking for employees shall be met on site. Parking spaces for employees shall be designated with a sign or painted on the space. 5. The applicant shall obtain a Certificate of Occupancy for the use from the Permits and Inspections Division of the Planning Department before the business license is issued. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MICHAEL:H. NORMENT Agenda Item 5 Paae 4 µ _ Y a IRV MAM . •''^~V .... moi._ r�. � 1 �--t.�"�' 00 F s rofib wmw vNr .4, 5t1•C<'� . dP •J a ■NI11ns■o, UeUJAROG ^ «2#oJ�od¥CRE , s` i |! 2 § | |I ) ,| /� ■ 0 . /\ | it \ N - (� Kf\\ / PROPOSED SITE PLAN Q� BRA, MICHAEL H.NORMENT Agenda Item 5 Page 6 9 N I 1 l A S N 0 n" Dwn N�v3Y hw " l $ j ULnUAAOB a .. 3nN3AV �IjI�Vd E£Z6 _ ° = R ` ,a. lyy ■a e .. 13 [ 5 TIY.'300NY8310N N✓1dd/1lNYM !2 t ` i f ■' f M � as Rift, W -s `�`� r. E �cE ' s¢■a i �i 's�.:9 .�s�8E= a■.gyp I:.S _.� s=. � 3 i E._ 5 G_a ... _ �� �?; rsSs Y i ��cp;r Y.ge.E�3�3 a PROPOSED LANDSCAPE PLAN MICHAEL H. NORMENT Agenda Item 5 Page,7 kr.IJ-- t„ � as 9 i- 5 s w a z ffrt a �<•.��� aM `�`� r. E �cE ' s¢■a i �i 's�.:9 .�s�8E= a■.gyp I:.S _.� s=. � 3 i E._ 5 G_a ... _ �� �?; rsSs Y i ��cp;r Y.ge.E�3�3 a PROPOSED LANDSCAPE PLAN MICHAEL H. NORMENT Agenda Item 5 Page,7 kr.IJ-- t„ 9 i- `�`� r. E �cE ' s¢■a i �i 's�.:9 .�s�8E= a■.gyp I:.S _.� s=. � 3 i E._ 5 G_a ... _ �� �?; rsSs Y i ��cp;r Y.ge.E�3�3 a PROPOSED LANDSCAPE PLAN MICHAEL H. NORMENT Agenda Item 5 Page,7 kr.IJ-- t„ EXISTING CONDITIONS ��n1lAliF� ;- MICHAE ,H. NORMENT Agenda Item 5 Page 8 EXISITING CONDITIONS MICHAEL H. NORMENT Agenda Item 5 Page 9 ZONING HISTORY # DATE REQUEST ACTION 1 8/13/03 CONDITIONAL REZONING (RT -1 RESORT TOURIST TO RT -2 RESORT TOURIST Approved 2 11/9/96 ALTERATIONS TO A NONCONFORMING USE Approved 3 12/7/10 CONDITIONAL USE PERMIT (EATING AND DRINKING ESTABLISHMENT) Denied 1A• MICHAEL H. NORMENT Agenda Item 5 Page 10 N oUR IFE-IS—CLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below/:] (Attach list if necessary) /�jA,, f / Tl. /Vzrm,,,-f. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) td Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the ity 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? (—Afti—III—P.—il A—H—fi n DISCLOSURE STATEMENT MICHAEL: i. NORM.ENT Agenda Item 5 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. MtG�tfi e' !. Normen_ 's Si nature Print Name l l AUL _7_&C1 11 W D, Ow er igna ure' rent than applicant) Print Name DISCLOSURE STATEMENT MICHAEL.H. NORNT AM Agenda It 5 Page 12 Item #5 Michael H. Norment Conditional Use Permit 3233 Pacific Avenue District 6 Beach May 9, 2012 CONSENT An application of Michael H. Norment for a Conditional Use Permit for a commercial parking lot on property located at 3233 Pacific Avenue, District 6, Beach. GPIN: 24280237260000. CONDITIONS The applicant shall comply with the requirements of City Code requirements for commercial parking lots. These requirements are found in Chapter 23, Section 23- 58. 2. The submitted site and landscape plans shall be modified to comply with the requirements listed in the evaluation section of the report. The proposed entrances shall be required to meet City of Virginia Beach Public Works standards for commercial entrances as detailed in the Public Works Standards, Section 3.10.3. These requirements include a 30 -foot width (for two-way access points) or an 18 -foot to 22 -foot width (for one-way access), measured at the property line, and 15 -foot radii at the entrance. a. All parking for employees shall be met on site. Parking spaces for employees shall be designated with a sign or painted on the space. The applicant shall obtain a Certificate of Occupancy for the use from the Permits and Inspections Division of the Planning Department before the business license is issued. Item #5 Michael H. Norment Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 5 by consent. Steve Rowe appeared before the Commission on behalf of the applicant. i a r� r- �" t, tri CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RICHARD DOUMMAR/BALBOA, L.L.C., Conditional Use Permit, parking lot, 29th Street and Pacific Avenue (GPIN 2428013473; 2428013489; 2428013567). BEACH DISTRICT. MEETING DATE: June 12, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow use of the site for a commercial parking lot. The location is the site is the former Balboa Hotel and associated parking areas. The motel has been demolished. The applicant is seeking approval to use the site for a commercial parking lot as an interim use until the real estate market improves and provides an opportunity for redevelopment of the site. ■ Considerations: The submitted plan depicts a 66 -space parking lot that will utilize the existing curb cuts on the site. A vinyl coated chain delineates the east and south side of the lot. A seven foot tall v -shaped sign is depicted at the entrance to the site, as well as another sign at the Pacific Avenue / 29th Street intersection of the site. Three trash receptacles are also depicted. Several of these aspects of the proposal are not consistent with the standards for parking lots; therefore, several conditions are being recommended to address these issues. Additionally, the City Zoning Ordinance provides that for temporary commercial parking lots adjacent to any public right-of-way "perimeter landscaping meeting the requirements of the Section 5A of the Site Plan Ordinance and the Public Works Specifications and Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for temporary parking lots in the Public Works Specifications and Standards Manual shall be allowed." There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The applicant shall submit a site development plan to the Planning Department / Development Services Center for review and approval. Said plan shall be in accordance with Article 15, Section 1501 (a) of the City Zoning Ordinance: Temporary commercial parking lots, provided that adjacent to any public right-of-way perimeter landscaping meeting the requirements of the Section 5A of the Site Plan Ordinance and the Public Works Specifications and Standards Manual shall be Richard Doummar Page 2 of 2 installed, and temporary surface treatment in accordance with the standards for temporary parking lots in the Public Works Specifications and Standards Manual shall be allowed 2. The applicant shall submit a sign package to the Planning Department / Current Planning and Zoning Administration. 3. The proposed entrance and exit will be required to meet City of Virginia Beach Public Works standards for commercial entrances as detailed in the Public Works Standards, Section 3.10.3. These requirements include a thirty-foot width (for two- way access points) or an eighteen- to twenty -two -foot width (for one-way access), measured at the property line, and fifteen -foot radii at the entrance. The entrance/exit shall be right in / right out only. 4. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy for the use from the Planning Department / Permits and Inspections Division before the business license is issued. 5. All parking for employees shall be met on the site. Parking spaces for employees shall be designated with a sign or painted on the space. 6. The use is approved for one year from the date of City Council approval. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department /' City Manager. �t� BEA Nh `" Richard Doummar RTs \ A 5p�n f.enoYen s- -2 01~ CUP- ConwrWClal Paddng Lot iAc-i.a. ro.ea—. o—y 16 May 9, 2012 Public Hearing APPLICANT: RICHARD DOUMMAR PROPERTY OWNER: BALBOA LLC STAFF PLANNERS: Stephen White and Faith Christie REQUEST: Conditional Use Permit (Temporary Commercial Parking Lot) ADDRESS / DESCRIPTION: 2902 Pacific Ave GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24280134730000; BEACH 21,000 square feet 65-70 d6 DNL; Sub Area 1 24280134890000; 24280135670000. SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow use of the site for a commercial parking lot. The location is the site is the former Balboa Hotel and associated parking areas. The motel has been demolished. The applicant is seeking approval to use the site for a commercial parking lot as an interim use until the real estate market improves and provides an opportunity for redevelopment of the site. The submitted plan depicts a 66 -space parking lot that will utilize the existing curb cuts on the site. A vinyl coated chain delineates the east and south side of the lot. A seven foot tall v -shaped sign is depicted at the entrance to the site, as well as another sign at the Pacific Avenue / 29th Street intersection of the site. Three trash receptacles are also depicted. Several of these aspects of the proposal are not consistent with the standards for parking lots; therefore, several conditions are being recommended to address these issues. RICHARD DOU Agenda AR 16 e1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site was previously occupied by the Balboa Hotel which has been demolished. The site is zoned RT -3 Resort Tourist district. SURROUNDING LAND North: . Eating and drinking establishment / RT -3 Resort Tourist USE AND ZONING: South: • 29th Street Across 29th Street is an eating and drinking establishment / RT - 3 Resort Tourist East: • Pacific Avenue • Across Pacific Avenue is a hotel / RT -2 Resort Tourist West: • Single-family dwelling / RT -3 Resort Tourist NATURAL RESOURCE AND The site is mostly impervious, covered by an old parking lot and the CULTURAL FEATURES: footprint of the old building. There are no natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Urban Area - Strategic Growth Area 8, Resort Area. The Comprehensive Plan designates this area of the City as Urban Area - Strategic Growth Area 8, Resort Area. The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth. In addition, the Resort Area Strategic Action Plan (RASAP) calls for a district parking strategy with centralized and shared parking to alleviate growing traffic demand, reduce surface parking, and concentrate traffic flow. The RASAP also designates Pacific Avenue as a Vehicular Priority Street. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Pacific Avenue is a 4 -lane minor urban arterial with an 80 -foot (80') right-of-way width. The City's Master Transportation Plan indicates an ultimate 70 -foot right -of- way width for Pacific Avenue. • There is no ITE Trip Generation data for a commercial parking lot, as the parking lot itself does not generate trips. Trips are actually generated by the nearby land uses, and are concentrated at the parking lot. Therefore, trip generation has not been calculated for this application. The proposed entrance and exit will be required to meet City of Virginia Beach Public Works standards for commercial entrances as detailed in the Public Works Standards, Section 3.10.3. These requirements include a thirty-foot width (for two-way access points) or an eighteen- to twenty -two -foot width (for one-way access), measured at the property line, and fifteen -foot radii at the entrance. RICHARD DOUMM., AR Agenda Item 16 Page 2 TRAFFIC: Present Present Capacity Generated Traffic Street Name Volume P Y Existing Land Use — 780 ADT Pacific Avenue 23, 030 ADT' 22,800 ADT' Proposed Land Use 3- No information available Average Daily Trips 2 as defined by 21,100 square feet of RT -3 Resort Tourist prope EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The applicant states this will be temporary use of the site until the economy turns around. The City Zoning Ordinance has requirements regarding temporary parking lots: Temporary commercial parking lots, provided that adjacent to any public right-of-way perimeter landscaping meeting the requirements of the Section 5A of the Site Plan Ordinance and the Public Works Specifications and Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for temporary parking lots in the Public Works Specifications and Standards Manual shall be allowed. Staff finds the request acceptable subject to the conditions listed below. CONDITIONS 1. The applicant shall submit a site development plan to the Planning Department / Development Services Center for review and approval. Said plan shall be in accordance with Article 15, Section 1501 (a) of the City Zoning Ordinance: Temporary commercial parking lots, provided that adjacent to any public right-of-way perimeter landscaping meeting the requirements of the Section 5A of the Site Plan Ordinance and the Public Works Specifications and Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for temporary parking lots in the Public Works Specifications and Standards Manual shall be allowed 2. The applicant shall submit a sign package to the Planning Department / Current Planning and Zoning Administration. 3. The proposed entrance and exit will be required to meet City of Virginia Beach Public Works standards for commercial entrances as detailed in the Public Works Standards, Section 3.10.3. These requirements include a thirty-foot width (for two-way access points) or an eighteen- to twenty -two -foot width (for one-way access), measured at the property line, and fifteen -foot radii at the entrance. The entrance%xist shall be right in / right out only. 4. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy for the use from the Planning Department / Permits and Inspections Division before the business license is issued. RICHARD DOUMAR 'Agenda Item 16 Page 3 5. All parking for employees shall be met on the site. Parking spaces for employees shall be designated with a sign or painted on the space. 6. The use is approved for twe-jeans one year from the date of City Council approval. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. RICHARD DOUMl1AR Agenda Item 16 Paae 4 AERIAL OF SITE LOCATION RICHARD DOUMMAR Agenda Item 16 Page 5 PROPOSED SITE PLAN RICHARD DOUMMAR Agenda Item 16 Page 6 g IN Ij Llji- I PROPOSED SITE PLAN RICHARD DOUMMAR Agenda Item 16 Page 6 ESCLOSUIRESTATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following; 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Richard Doummar Does an official or epi2Joyee of�City of Virginia Beach have an interest in the subject land? Yes _U No ✓ If yes, what is the name of the official or employee and the nature of their interest? conditional Use Permit Application Page 9 of 10 Revised 7/3/2097 DISCLOSURE STATEMENT RICHARD DOUMMAR Agenda Item 16 Page 8 O V L.— . DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent - subsidiary relationship, that exists when @ one business entity has a controlling ownership interest In the other business entity, (t) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of not cation (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Print Name than a6bilcant) Print Name / Concligonal Use Penult Applica0on Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT RICHARD DOUMMAR Agenda Item 16 Page 9 Item #16 Richard Doummar Conditional Use Permit 2902 Pacific Avenue District 6 Beach May 9, 2012 CONSENT An application of Richard Doummar for a Conditional use permit for a temporary commercial parking lot on property located at 2902 Pacific Avenue, District 6, Beach. GPIN: 24280134730000; 24280134890000; 24280135670000. CONDITIONS 1. The applicant shall submit a site development plan to the Planning Department / Development Services Center for review and approval. Said plan shall be in accordance with Article 15, Section 1501 (a) of the City Zoning Ordinance: Temporary commercial parking lots, provided that adjacent to any public right-of- way perimeter landscaping meeting the requirements of the Section 5A of the Site Plan Ordinance and the Public Works Specifications and Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for temporary parking lots in the Public Works Specifications and Standards Manual shall be allowed 2. The applicant shall submit a sign package to the Planning Department / Current Planning and Zoning Administration. 3. The proposed entrance and exit will be required to meet City of Virginia Beach Public Works standards for commercial entrances as detailed in the Public Works Standards, Section 3.10.3. These requirements include a thirty-foot width (for two-way access points) or an eighteen- to twenty -two -foot width (for one-way access), measured at the property line, and fifteen foot radii at the entrance. The entrance%xit shall be right in /right out only. 4. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy for the use from the Planning Department / Permits and Inspections Division before the business license is issued. 5. All parking for employees shall be met on the site. Parking spaces for employees shall be designated with a sign or painted on the space. Item #16 Richard Doummar Page 2 6. The use is approved for tm,eyears one year from the date of City Council approval. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 16 for consent. Wayne Gibson appeared before the Commission on behalf of the applicant. -87 - Item -VI -J.8 ORDINANCES/RESOLUTIONS ITEM #61830 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council DEFERRED INDEFINITELY, BY CONSENT, Application of KROLL ENTERPRISES, INC -IN & K PROPERTIES, LLC AND B & W PROPERTY DEVELOPMENT, LLC for a Change of Zoning District Classification from AG -1 Agricultural, AG -2 Agricultural, R-15 Residential and B -1 Neighborhood Business to Conditional R-7.5 Residential at Nimmo Parkway and Camino Real South re family dwellings on fee -simple lots. DISTRICT 7 -PRINCESS ANNE Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 24, 2012 4: ara•� S, CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: KROLL ENTERPRISES, INC. / N & K PROPERTIES, LLC AND B & W PROPERTY DEVELOPMENT, LLC, Change of Zoning District Classification, AG -2 Agricultural, AG -1 Agricultural, R-15 Residential, and B-1 Neighborhood Business to Conditional R-7.5 Residential. Nimmo Parkway, north and south sides, west of Camino Real S. (GPINs 2414647136; 2414748969; 2414756105; 2414748142). PRINCESS ANNE DISTRICT. MEETING DATE: June 12, 2012 ■ Background: The applicant proposes to rezone the existing R-15, AG -1, and B-1 properties to Conditional R-7.5 Residential District for the purpose of constructing 84 single- family dwellings on fee -simple lots. The Comprehensive Plan designates this area of the City as the "Suburban Area." The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of the area. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area (pp. 3-1 to 3-2). At the request of the applicant, City Council indefinitely deferred this application on April 24, 2012. The deferral has allowed time for the applicant, the residents of Lago Mar, and City staff and elected officials to meet several times in one form or another to discuss various issues and concerns pertaining to the development proposal. As a result of these discussions, the applicant has submitted a revised subdivision plan as well as revised proffers. The proffers below and those in the attached staff report are the most recent, as are the site layout plan and associated detail drawings. ■ Considerations: The proposed development is accessed from Nimmo Parkway, which divides the proposed residential area into northern and southern portions. There are 17 lots on the northern parcel and 67 lots on the southern parcel. The average proposed lot size is depicted as 9,094 square feet, ranging in size from 7,500 to just above 15,000 square feet. Kroll Enterprises, Inc. Page 2of5 All 1 -story homes are proffered with a minimum living area of 2,100 square feet and all 2 -story homes are proffered with a minimum living area of 2,200 square feet, excluding any garage space. All units are proposed with at least a 2 -car garage and constructed on a minimum 12 inch raised slab or on a crawl space. The mix of architectural styles resembles both "traditional" and "transitional" with Arts and Crafts features added. As recommended by the Comprehensive Plan, and as required by the Zoning Ordinance, a minimum of 10 percent of the total acreage of the development, or 2.95 acres, must be set aside as open space. The applicant has met this requirement with 24.19 acres (including unbuildable areas) of mature woods and `upland wetlands,' as defined by the Corps of Engineers, labeled as open space (only wetlands as defined in City ordinances may not be counted toward open space). According to the proffered plan, all trees within the open space areas are to remain. A small portion of the 100 -year floodplain, less than a half -acre, is proposed to be filled in order to construct several of the homes and the roadway. Impacts to the 100 -year floodplain are both small in volume and area (0.12 acres on the north side of Nimmo Parkway and 0.20 acres on the south side of Nimmo Parkway). As the acreage impacted is less than 5 percent of the total floodplain on each the northern and southern parcels, an administrative floodplain variance can be sought from the Planning Director through the Development Services Center. The proposed encroachment into the 100 -year floodplain is minimal and, per discussions with the Development Services Center's engineering staff, the applicant has adequately addressed the required 1:1 mitigation for fill needed to construct the portions of the roads as well as some of the lots. A 25 -foot wide planted buffer is proposed along the southern property line between this development and the existing homes on Cordova Court in the Lago Mar neighborhood. The applicant is proffering that the lots (numbered 10 through 16) within the Mirasol neighborhood and adjacent to the lots in Lago Mar on Cordova Court will contain a minimum of 12,000 square feet of lot area. That lot area, combined with the 25 -foot wide strip of Open Space between the rear property lines of those lots and the adjacent lots will result in those lots all being 15,000 square feet or more. Additional plantings are proffered at the entrances, as well as within the bioretention stormwater management facility. No land disturbance is proposed within the 50 -foot wide, Southern Watersheds Management Area buffer. Regarding traffic impacts, the Department of Public Works / Traffic Engineering has determined that based upon the traffic projected to be generated by the 84 proposed homes, 67 of which would be located on the south side of Nimmo Parkway, a right -turn lane with a 150 -foot long taper and 150 feet of storage length will be required for the southern portion of the neighborhood, and is depicted on the proffered plan. Kroll Enterprises, Inc. Page 3 of 5 In sum, based on the applicant's extensive efforts to address natural resource issues, as well as land use compatibility issues, and based on the applicant's proffers indicating agreement that the project may not move forward until all permits have been issued, Staff concludes that the proposed development is consistent with the Comprehensive Plan. There was opposition to the request at the Planning Commission Hearing, as well as letters and emails. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-0, recommends approval of this request to the City Council with the following proffers: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the "Conceptual Site Layout Plan of Mirasol, Nimmo Parkway, Virginia Beach, Virginia," date 01/25/12, prepared by MSA, P.C., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Subdivision Plan"). PROFFER 2: When the Property is developed, the entrances to Mirasol shall be from Nimmo Parkway with the landscape buffer plantings, entrance signage, pedestrian access improvements and street sections substantially as depicted on the Subdivision Plan. PROFFER 3: When the Property is developed, it will be subdivided into no more than eighty-four (84) single family residential building lots. Those lots depicted on the Subdivision Plan and designated numbers 10, 11, 12, 13, 14, 15, and 16, shall contain a minimum of 12,000 square feet of lot area and there shall be a minimum of a 25 foot wide strip of Open Space between the rear property lines of these lots and the adjacent lots to the south (Cordova Court, Lago Mar) as depicted on the Subdivision Plat. The combined individual lot area of each of these lots plus the Open Space area directly behind each lot shall total no less than 15,000 square feet. The homes will be built with a minimum of twelve inch (12") raised slab Kroll Enterprises, Inc. Page 4 of 5 foundation or crawlspace and they will contain a minimum of 2200 square feet of living area for a two story dwelling and 2100 square feet of living area for a one story dwelling. Each home shall have, at a minimum, a two (2) car garage and the architectural design and building materials utilized shall be substantially as exhibited on the elevations labeled "Home Styles of Mirasol" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). The front yard of every home will be sodded prior to issuance of a final Certificate of Occupancy by the Grantee. PROFFER 4: The Grantors shall file an application with the Grantee to rezone all of the Open Space parcels/areas to the P-1 (Preservation) District within sixty (60) days of the recordation of the subdivision plat or plats. When the Property is developed, a portion of the Open Space on the south side of Nimmo Parkway containing approximately 12,000 square feet shall be developed as a neighborhood park with playground equipment. The park and equipment shall be maintained by the Homeowners' Association. PROFFER 5: When the Property is subdivided, the party of the first part shall record a Declaration submitting the Lots and all of the Property outside the public rights-of- way to a mandatory membership Homeowners' Association which shall be responsible for maintaining all open spaces, common areas, landscaped buffer easement, frontage landscaped buffer, entrance features and other improvements on the Property as depicted on the Subdivision Plan. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create additional residential building lots in excess of eighty-four (84). PROFFER 6: The party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to the final subdivision approval, a tree retention and landscape plan for the twenty-five foot (25) Landscape Buffers as depicted on the Subdivision Plan. The 25' wide Landscape Buffers along with the other Open Space and forested areas depicted on the Subdivision Plan shall be owned and maintained by the Homeowners' Association, which shall mandate the preservation and retention of the buffer of evergreen and deciduous trees within the 20' and 25' Landscape Buffers as well as the preservation and retention of the native vegetation with the two (2) forested areas depicted. PROFFER 7: In the event any Best Management Practices (BMP) stormwater detention ponds (i.e. "wet pond") are created on the property within 100 feet of the property line of a home adjoining Lago Mar subdivision, an aeration fountain shall be installed by the party of the first part and maintained by the Homeowners' Association in each such pond. Kroll Enterprises, Inc. Page 5 of 5 PROFFER & When the Property is developed, the fully engineered construction plans for the subdivision will provide that stormwater runoff from the development, including any decrease in storage capacity associated with the limited impacts on non -tidal wetlands, will not negatively impact the adjacent residential properties. This may be done by use of an intercepting drainage system or other methods approved by Grantee. PROFFER 9: When the Property is developed, the party of the first part shall provide Grantee with proof of all approvals from applicable federal and state agencies as a condition of final subdivision approval. PROFFER 10: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and provide assurance that the development will be compatible with the surrounding area. The City Attorney's Office has reviewed the proffer agreement dated February 3, 2012, and found it to be legally sufficient and in acceptable legal form. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 1Z__City Manage . PRINCESS ANNE nw,� � �� , K� Kroll Enter irises, Inc. AGI` R15 ? acs Of R15 YS R7.5' R15 7� R15 ` ze.rnq.nncwdnr..a,wr,,.cM.. Conditional Zoning Change from AG1,5-1,R-15 to Conditional R.7,5 Stwc. Crema�bn er P1Mi•t <MrY�� This report is a revised version of the report that was provided to the Planning Commission for their April public hearing. This report reflects the revisions to the proffers and plans submitted to staff on June 1, 2012 KROLL ENTERPRISES, INC. PROPERTY OWNER: N&K PROPERTIES, LLC/B&W DEVELOPMENT LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Change of Zoning (AG -1, B -1,R-15 to Conditional R-7.5) ADDRESS / DESCRIPTION: North and South side of Nimmo Parkway, west of Camino Real South GPIN: ELECTION SITE SIZE: AICUZ: 24147561050000;24146496340000;24147489690000; DISTRICT: 47.25 acres Less than 65 24147434070000;24146471360000;24147575640000; PRINCESS dB DNL 24147481420000; Portions of both: 24147561050000; ANNE 24147489690000 SUMMARY OF REQUEST The applicant proposes to rezone the existing R-15, AGA and B-1 properties to Conditional R-7.5 Residential District in order to construct 84 single-family dwellings on fee simple lots with access to Nimmo Parkway. The neighborhood is divided by Nimmo Parkway: 17 lots on the northern parcel and 67 lots on the southern parcel. The average proposed lot size is depicted as 9,094 square feet, ranging in size from 7,500 to just above 15,000 square feet. Approximately 22 acres of mature woods will be set aside as open space. A small portion of the 100 year floodplain, less than 5%, is proposed to be filled in order to construct the roadway and several of the homes. All 1 -story homes are proffered with a minimum living area of 2,100 square feet and all 2 -story homes are proffered with a minimum living area of 2,200 square feet, excluding any garage space. All units are proposed with at least a 2 -car garage and constructed on a minimum 12 inch raised slab or on a crawl space. The mix of architectural styles resembles both "traditional' and "transitional" with Arts and Crafts features added. KROLL ENTERPRISES, INC. Revised Version for June 12 City Council Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: single-family dwelling, horse barn, woods SURROUNDING LAND North: . Woods / R-15 Residential District USE AND ZONING: South: . Single-family dwellings / R-15 Residential District East: . Single-family dwellings, woods / R-15 Residential District West: . Single-family homes / R-7.5 Residential District, AG -2 Agricultural District NATURAL RESOURCE AND The site is within the Southern Watersheds Management Area (SWMA) CULTURAL FEATURES: and has 100 year floodplain impacts. No encroachment into the SWMA 50 foot buffer is permitted without a variance. The applicant has revised the original submittal by shifting some of the property lines to ensure that all land within the 50 foot buffer is not privately owned but rather managed by the homeowners' association as common open space. A small portion of the 100 year floodplain, less than half an acre, is proposed to be filled in order to construct several of the homes and the roadway. Impacts to the 100 year floodplain are both small in volume and area (0.12 acres on the north side of Nimmo Parkway, 0.20 acres on the south side of Nimmo Parkway). As the acreage impacted is less than 5% of the total floodplain on each the northern and southern parcels, an administrative floodplain variance can be sought from the Development Services Center. In terms of jurisdictional wetlands, the United States Army Corps of Engineers (USACE) has approved the delineation but has not yet issued a permit for the proposed impacts. These are wetlands that are regulated by State and Federal agencies. The applicant's engineer has informed Staff that a permit will be sought once final engineering plans are prepared and the exact impacts to wetlands are determined. Approval by the City does not relieve the property owner of responsibility to meeting all State and Federal regulations. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area (pp. 3-1 to 3-2). KROLL ENTERPRISES, iNib. Revised Version for June 12 City Council Page 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Nimmo Parkway is currently a 2 -lane local collector with a 110 -foot right-of-way width. The City's MTP designates Nimmo Parkway to be a 4 -lane, divided, controlled -access parkway with 110 foot right-of-way width in this area. There are currently no CIP projects planned for this portion of Nimmo Parkway. This portion of Nimmo Parkway is designated as an access -controlled parkway in the City's MTP and all proposed access points are evaluated to ensure (1) they are necessary to provide access to the site, and (2) that the design is accomplished such that they will not hinder the functionality of this major roadway in the future. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Nimmo Parkway No Data 6,200 ADT 1 (Level of Existing Land Use — 42 Red Mill Elementary 682 Available Service "C") - 11,100 ADT Princess Anne Middle 1,365 1,299 ADT' (Level of Service Existing Land Zoning3 — Ocean Lakes High (north of 2,367 2,269 "E") 5,903 Nimmo Parkway) Proposed Land Use 4— 803 Kellam High (south of 1,843 1,762 15 ADT Average Daily Trips 2 as defined by 47 acres of agricultural use 3 as defined by 26.63 acres of AG, 8.79 acres of R-15 & 10.33 acres of B-1 4 a defined by 84 single-family dwellings WATER: This site must connect to City water. There is an existing 16 inch City water main on Nimmo Parkway, an existing 12 inch City water line in Nimmo Parkway and an existing 8 inch City water line at the southeast side of the proposed development. SEWER: This site must connect to City sanitary sewer. The property on the south side of Nimmo Parkway is within pump station #619. This pump station has existing capacity issues; therefore, it may require modification. Analysis of Pump Station #619 and the sanitary sewer collection system will be required to ensure future flows can be accommodated. The portion on the north side of Nimmo Parkway is not within any pump station service. There is an existing 20 inch City gravity sanitary sewer force main in Nimmo Parkway and an existing 8 inch City gravity sanitary sewer force main on Ranchero Drive at the southeast side of the proposed development. SCHOOLS: School Current Capacity Generation' Change Z Enrollment Red Mill Elementary 682 708 21 16 Princess Anne Middle 1,365 1,299 14 10 Ocean Lakes High (north of 2,367 2,269 4 1 Nimmo Parkway) Kellam High (south of 1,843 1,762 15 13 Nimmo Parkway) "generation" represents the number of students that the development will add to the school. 2 ,change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive additional students or negative fewer students). KROLL ENTERPRISES, INC. Revised Version for June 12 City Council Page 3 EVALUATION AND RECOMMENDATION Comprehensive Plan Consistency: It is Staffs opinion that the proposed single-family residential community is generally consistent with the recommendations for the Suburban Area as outlined below. The Comprehensive Plan uses the term "compatible" as "occurring without conflict." In terms of land use, the proposed residential uses are indeed compatible with surrounding uses as residential dwellings are proposed adjacent to existing residential dwellings. There has been some concern expressed from adjacent property owners that the homes proposed are not compatible with their neighborhood. While the proposed single-family dwellings of this proposal are not exactly the same as those of Lago Mar, they certainly are compatible. The proffered elevations are consistent with the Comprehensive Plan's Suburban Area Design Guidelines, which state that architecture and proportional elements of scale, mass, and height all be considerations of design, and that exterior building materials be long-lasting, attractive, and high quality. The architecture of the proposed homes is a mix of styles: some depicted are a traditional style while others reflect a contemporary, transitional style. The building materials proposed include a mix of brick, vinyl, and cement -fiber board. The General Community Appearance Guidelines in the Plan's Reference Document indicates that a good development provide open space, protection for the environment, create quality community design, and offer safe, well-planned and attractive pedestrian ways. It goes on further to say that "Residential developments should enhance the quality of life for residents by incorporating safe, innovative design that integrates planning elements, such as connectivity, visual and functional open space, pedestrian networks and landscaped streetscapes." The proposed development meets the majority of these design recommendations; however, it does not fully fulfill the recommendation for connectivity, as the roadway system does not connect with the existing street stub at Ranchero Road, located at the southern portion of the site, via the existing Ranchero Road street stub. With up to 67 single-family homes, there is only one ingress -egress for the neighborhood. Providing this connectivity that was planned with the layout of the Lago Mar community will make this a safer neighborhood and assist with traffic flow heading south. Instead, the applicant has proffered a 20 -foot wide pedestrian secondary access easement (meaning homeowners' association maintains ownership but the public has right to use). While this does provide a degree of connectivity, Staff feels that the lack of vehicular connection to Lago Mar is a lost opportunity, falling short of the Comprehensive Plan goal of a safe and functional circulation system. Environment & Open Space: As recommended by the Comprehensive Plan and as required by the Zoning Ordinance, a minimum of 10 percent of the total acreage of the development, or 2.95 acres for this development, must be set aside as open space. The applicant has met this requirement with 24.19 acres (including unbuildable areas) of mature woods and 'upland wetlands,' as defined by the Corps of Engineers, labeled as open space (only wetlands as defined in City ordinances may not be counted toward open space). According to the proffered plan, all trees within the open space areas are to remain. The proposed encroachment into the 100 year floodplain is minimal and the applicant has adequately addressed the required 1:1 mitigation with the Development Services Center's engineering staff for fill proposed to construct the portions of the roads and some of the dwellings. There are jurisdictional wetlands, as defined by the USACE, on both the south and north properties. These wetlands are regulated by State and Federal agencies. Approval by the City of this rezoning does not relieve the applicant or the property owner from responsibility to meeting all State and Federal regulations. A proffer has been added to reiterate this requirement. KROLL ENTERPRISES, INC. Revised Version for June 12 City Council Page 4 A 25 foot wide planted buffer is proposed along the southern property between this development and the existing homes on Cordova Court in the Lago Mar neighborhood. The applicant is proffering that the lots (numbered 10 through 16) within the Mirasol neighborhood and adjacent to the lots in Lago Mar on Cordova Court will contain a minimum of 12,000 square feet of lot area. That lot area, combined with the 25 -foot wide strip of Open Space between the rear property lines of those lots and the adjacent lots will result in those lots all being 15,000 square feet or more. Additional plantings are proffered at the entrances as well as within the bioretention stormwater management facility. No land disturbance is proposed within the 50 foot, Southern Watersheds Management Area buffer. Traffic: Based upon the traffic projected to be generated by the 84 proposed homes, 67 of which would be located on the south side of Nimmo Parkway, a right -turn lane with a 150 -foot long taper and 150 feet of storage will be required for the turn into the southern portion of the neighborhood and is depicted on the proffered plan. All right-of-way improvements must be in accordance with the City's subdivision regulations and with the Public Works Standards' typical section for this type of collector roadway. The applicant is aware of these improvements which potentially include, but are not necessarily limited to, pavement widening, curb and gutter, and streetlights. In sum, it is Staff's opinion that proposed development is consistent with the Comprehensive Plan's recommendations for this area as outlined above. Other than the desire for full vehicular connectivity, Staff supports the request for a change of zoning. The connection at the proposed terminus of Ranchero Road was established in the construction plans for Lago Mar and is not a new concept for this development. Staff finds the proposed development acceptable and recommends approval with a vehicular connection. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the "Conceptual Site Layout Plan of Mirasol, Nimmo Parkway, Virginia Beach, Virginia," date 02/01/12, prepared by MSA, P.C., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Subdivision Plan"). PROFFER 2: When the Property is developed, the entrances to Mirasol shall be from Nimmo Parkway with the landscape buffer plantings, entrance signage, pedestrian access improvements and street sections substantially as depicted on the Subdivision Plan. PROFFER 3: When the Property is developed, it will be subdivided into no more than eighty-four (84) single family residential building lots. Those lots depicted on the Subdivision Plan and designated numbers 10, 11, 12, 13, 14, 15, and 16, shall contain a minimum of 12,000 square feet of lot area and there shall be a minimum of a 25 foot wide strip of Open Space between the rear property lines of these lots and the adjacent lots to the south (Cordova Court, Lago Mar) as depicted on the Subdivision Plat. The combined individual lot area of each of these lots plus the Open Space area directly behind each lot shall total no less than 15,000 square feet. The homes will be built with a minimum of twelve inch (12") raised slab foundation or crawlspace and KROLL ENTERPRISES, INC. Revised Version for June 12 City Council Page 5 they will contain a minimum of 2200 square feet of living area for a two story dwelling and 2100 square feet of living area for a one story dwelling. Each home shall have, at a minimum, a two (2) car garage and the architectural design and building materials utilized shall be substantially as exhibited on the elevations labeled "Home Styles of Mirasol" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). The front yard of every home will be sodded prior to issuance of a final Certificate of Occupancy by the Grantee. PROFFER 4: The Grantors shall file an application with the Grantee to rezone all of the Open Space parcels/areas to the P-1 (Preservation) District within sixty (60) days of the recordation of the subdivision plat or plats. When the Property is developed, a portion of the Open Space on the south side of Nimmo Parkway containing approximately 12,000 square feet shall be developed as a neighborhood park with playground equipment. The park and equipment shall be maintained by the Homeowners' Association. PROFFER 5: When the Property is subdivided, the party of the first part shall record a Declaration submitting the Lots and all of the Property outside the public rights-of-way to a mandatory membership Homeowners' Association which shall be responsible for maintaining all open spaces, common areas, landscaped buffer easement, frontage landscaped buffer, entrance features and other improvements on the Property as depicted on the Subdivision Plan. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create additional residential building lots in excess of eighty-four (84). PROFFER 6: The party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to the final subdivision approval, a tree retention and landscape plan for the twenty-five foot (25') Landscape Buffers as depicted on the Subdivision Plan. The 25' wide Landscape Buffers along with the other Open Space and forested areas depicted on the Subdivision Plan shall be owned and maintained by the Homeowners' Association, which shall mandate the preservation and retention of the buffer of evergreen and deciduous trees within the 20' and 25' Landscape Buffers as well as the preservation and retention of the native vegetation with the two (2) forested areas depicted. PROFFER 7: In the event and Best Management Practices (BMP) stormwater detention ponds (i.e. "wet pond") are created on the property within 100 feet of the property line of a home adjoining Lago Mar subdivision, an aeration fountain shall be installed by the party of the first part and maintained by the Homeowners' Association in each such pond. PROFFER 8: When the Property is developed, the fully engineered construction plans for the subdivision will provide that stormwater runoff from the development, including any decrease in storage capacity associated with the limited impacts on non -tidal wetlands, will not negatively impact the adjacent residential properties. This may be done by use of an intercepting drainage system or other methods approved by Grantee. PROFFER 9: When the Property is developed, the party of the first part shall provide Grantee with proof of all approvals from applicable federal and state agencies as a condition of final subdivision approval. PROFFER 10: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the KROLL ENTERPRISES,'INC. Revised Version for June 12 City Council Page 6 project and provide assurance that the development will be compatible with the surrounding area. The City Attorney's Office has reviewed the proffer agreement dated February 3, 2012, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning 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 change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. KROLL ENTERPRISES, INC. Revised Version for June 12 City Council Page 7 AERIAL OF SITE LOCATION KROLL ENTERPRISES, INC. Revised Version for June 12 City Council Page 8 I � Y Y a�.slilt if, n3.�.SES��• hp� PROPOSED SITE LAYOUT KROLL ENTERPRISES, INC. Revised Version for June 12 City Council Page 9 TYPICAL SECTION (50' R/W) NTS 5RM A=' TRN� LCH Ev8t6F�1 ENTRANCE SIGN DETAIL L6' NIS exisnNr, wuNrt LF YNY I LCA•LRHf ESUE 6 HALN y� 51�a1e KATE RE 510REK GARDEN 7 NIMMO FRONTAGE LANDSCAPE BUFFER N15 j� ` ssr6oLA� 0T U / — 20' PEDESTRIAN EASEMENT NTS 25' V RXX NIffL Ll1D 0p#V1 MAA(I@INGC fid F[3CS (M^K HoNm �' Hd{ 1141C 30$ ovAcrtYJ r4YtAW0 AT MATLWTY flYi) � H% Q P DYfSUN6 Ao a PVE.6-lYN OMF9 Top Y TTrg ITYT+J LAAW TWE M�j LANDSCAPE BUFFER 6'-O' ff. AT IMTLRITY (TYv) NTS PROPOSED SITE DETAIS KROLL ENTERPRISES, INC. Revised Version for June 12 City Council Page 10 CROSS-SECTION OF SOUTHERN LOT LINE (MIRASOL TO LAGO MAR) KROLL ENTERPRISES, INC. Revised Version for June 12 City Council Page 11 iY PERSPECTIVE DRAWING OF PROPOSED LANDSCAPE BUFFER KROLL ENTERPRISES, INC. Revised Version for June 12 City Council Page 12 KROLL ENTERPRISES, INC. Revised Version for June 12 City Council Page 13 y t" pm pm t4 k � v _ nu nu Dnm OSWM �1 r.= t i~ t Nm � w'' Y�'^�'� is 3.� jy •r V`�+`�� -r -rrrr r __Lb 1-•rrrrrrr _ rrrrr i Arid f—t neeaimn .1 win Optional Uarmel optimI Ni mei KROLL ENTERPRISES, INC. Revised Version for June 12 City Council Page 13 F ...Jr FA ... .- . M i i i i i i i i f •. `•� III NOW K a.. ■.' Hill I e .a•a rwm ifNltlrl; AIN��}, KROLL ENTERPRISES, INC. Revised Version for June 12 City Council Page 14 ZONING HISTORY # DATE REQUEST ACTION 1 10/23/07 REZ AG -2 to Conditional R-7.5 Granted 2 09/12/95 REZ AG -2 to Conditional R-7.5 Granted 3 08/27/91 REZ AG -1 & AG -2 to Conditional R-7.5 Granted 4 05/20/85 REZ AG -1 & AG -2 to Conditional R-6 Granted KROLL ENTERPRISES, INC. Revised Version for June 12 City Council Page 15 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Kroll Enterprises, Inc.: Jeffrey Kroll, President 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) N&K Properties, L.L.C.: W. Nick Wright, Sr., Catherine S. Wright, William N. Wright, Jr., Stephanie Kiley, Curtis Wright, Hunter Palmer, Members; B&W Property Development, L.L.C.: Walter Wright, Betsy Wright, Sara Gertof, Terri Stieth, Doris Land, Members 2. List all businesses that have a parent -subsidiary' or affiliated business earl relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional Rezoning Application Page 11 of 12 Revised 9!112004 DISCLOSURE STATEMENT KROLL ENTERPRISESIANC. Revised Version for June 12 City Council Page 16 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Signature /c !Vd beanOGOT/f! "k>""" 5-/ Property Owner's Signatu (if different than applicant Print Name Print Name conditional Rezoning Application Page 12 of 12 Revised 7/3/2007 DISCLOSURE STATEMENT KROLL ENTERPRISES, INC. Revised Version for June 12 City Council Page 18 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Bay Environmental, Inc. MSA, P.C. Sykes, Bourdon, Ahern, & Levy, P.C. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Kroll erprises, Inc. Presid App' �v ignature Print Name B & Woperty Dev op e t, L.L.C. BY Sara W. Gerloff, Mana Property Owners Signature (rifferenVtAbn applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 7WO07 DISCLOSURE STATEMENT KROLL ENTERPRISES, INC. Revised Version for June 12 City Council Page 19 Item #26 Kroll Enterprises, Inc. Conditional Change of Zoning North and south side of Nimmo Parkway, west of Camino Real South District 7 Princess Anne March 14, 2012 REGULAR An application of Kroll Enterprises, Inc. for a Conditional Change of Zoning from AG -1, B -IA, and R-15 to Conditional R-7.5 on property located on the north and south side of Nimmo Parkway, west of Camino Real South, District 7, Princess Anne. GPIN: 24147561050000; 24146496340000 24147489690000;24147434070000;24146471360000;24147575640000; 24147481420000, Portions of both 24147561050000; 24147489690000. REGULAR PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§ 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the "Conceptual Site Layout Plan of Mirasol, Nimmo Parkway, Virginia Beach, Virginia," date 01/25/12, prepared by MSA, P.C., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Subdivision Plan"). PROFFER 2: When the Property is developed, the entrances to Mirasol shall be from Nimmo Parkway with the landscape buffer plantings, entrance signage, pedestrian access improvements and street sections substantially as depicted on the Subdivision Plan. PROFFER 3: When the Property is developed, it will be subdivision into no more than eight -nine (89) single family residential building lots. The homes will be built with a minimum of twelve inch (12") raised slab foundation or crawlspace and they will contain a minimum of 2100 square feet of living area for a two story dwelling and 1800 square feet of living area for a one story dwelling. Each home shall have, at a minimum, a two (2) car garage and the architectural design and building materials utilized shall be substantially as exhibited on the elevations labeled "Home Styles of Mirasol" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Item #26 Kroll Enterprises, Inc. Page 2 Department of Planning (the "Elevations"). The front yard of every home will be sodded prior to issuance of a final Certificate of Occupancy by the Grantee. PROFFER 4: When the Property is developed, the party of the first part shall record a Declaration submitting the Lots and all of the Property outside the public rights-of-way to a mandatory membership Homeowners' Association which shall be responsible for maintaining all open spaces, common areas, landscaped buffer easement, frontage landscaped buffer, entrance features and other improvements on the Property as depicted on the Subdivision Plan. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create additional residential building lots in excess of eighty-nine (89). PROFFER 5: The party of the first part shall prepare and submit for review and approval, a tree retention and landscape plan for the twenty-five foot (25') and twenty foot (20') Landscape Buffers as depicted on the Subdivision Plan. The 20' and 25' wide Landscape Buffers along with the other Open Space and forested areas depicted on the Subdivision Plan shall be owned and maintained by the Homeowners' Association, which shall mandate the preservation and retention of the buffer of evergreen and deciduous trees within the 20' and 25' Landscape Buffers as well as the preservation and retention of the native vegetation with the two (2) forested areas depicted. PROFFER 6: When the Property is developed, the fully engineered construction plans for the subdivision will provide that stormwater runoff from the development, including any decrease in storage capacity associated with the limited impacts on non -tidal wetlands, will not negatively impact the adjacent residential properties. This may be done by use of an intercepting drainage system or other methods approved by Grantee. PROFFER 7: When the Property is development, the party of the first part shall provide Grantee with proof of all approvals from applicable federal and state agencies as a condition of final subdivision approval. PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated February 3, 2012, and found it to be legally sufficient and in acceptable legal form. Item #26 Kroll Enterprises, Inc. Page 3 NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning 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 change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 26. Eddie Bourdon appeared before the Commission on behalf of the applicant. Helen Harper, Brendan Fahey, Carmen Lee, Laura Bennett, Bob Berg, Jay R. Huston, Brian Proctor, Elizabeth Palmquist, Ray Norwig, and Gary Miller appeared in opposition. In Reply Refer To Our File No. DF -7974 TO: Mark D. Stiles FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 4, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Kroll Enterprises, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on June 12, 2012. 1 have reviewed the subject proffer agreement, dated February 3, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen PREPARED BY: 10M SY KES, BOURDON. IBM AHERN & LEVY, RC. KROLL ENTERPRISES, INC., a Virginia corporation N&K PROPERTIES, LLC, a Virginia limited liability company B&W PROPERTY DEVELOPMENT, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 3rd day of February, 2012, by and between KROLL ENTERPRISES, INC., a Virginia corporation, party of the first part, Grantor; N & K PROPERTIES, LLC, a Virginia limited liability company, party the second part, Grantor; B & W PROPERTY DEVELOPMENT, LLC, a Virginia limited liability company, party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the parties of the second and third part are the owners of six (6) parcels of land which are hereinafter collectively referred to as the "Property", located in the Princess Anne District of the City of Virginia Beach containing approximately 47.247 acres. The Parcels are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from R-15, B-1, AG -1 and AG -2 to Conditional R-7.5 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 2414-74-8142 2414-74-3407 (Part of 2414-74-8969) 2414-64-7136 2414-64-9634 (Part of 2414-75-6105) 2414-75-6105 2414-74-8969 2414-74-7564 1 PREPARED BY: OM SITUS, R®URD®N, Mil ANERN & LM P.C. WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-7.5 Residential Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the. Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the "CONCEPTUAL SITE LAYOUT PLAN OF MIRASOL, Nimmo Parkway, VIRGINIA BEACH, VIRGINIA" dated 02/01/12, prepared by MSA, P.C., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Subdivision Plan"). 2 PREPARED BY: 010 S)TFS, ROI RDON, 6N NIMN & LM', IT. 2. When the Property is developed, the entrances to Mirasol shall be from Nimmo Parkway with the landscape buffer plantings, entrance signage, pedestrian access improvements and street sections substantially as depicted on the Subdivision Plan. 3. When the Property is developed, it will be subdivided into no more than eighty-four (84) single family residential building lots. Those lots depicted on the Subdivision Plan and designated numbers 10, 11, 12, 13, 14, 15 and 16 shall contain a minimum of 12,000 square feet of lot area and there shall be a minimum of a 25 foot wide strip of Open Space between the rear property lines of these lots and the adjacent lots to the south (Cordova Court, Lago Mar), as depicted on the Subdivision Plat. The combined individual lot area of each of these lots plus the Open Space area directly behind each lot shall total no less than 15,000 square feet. The homes will be built with a minimum twelve inch (12") raised slab foundation or crawlspace and they will contain a minimum of 2200 square feet of living area for a two story dwelling and 2100 square feet of living area for a one story dwelling. Each home shall have, at a minimum a two (2) car garage and the architectural designs and building materials utilized shall be substantially as exhibited on the elevations labeled "Home Styles at Mirasol" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). The front yard of every home will be sodded prior to issuance of a final Certificate of Occupancy by the Grantee. 4. The Grantors shall file an application with the Grantee to rezone all of the Open Space parcels/areas to the P-1 (Preservation) District within sixty (60) days of recordation of the subdivision plat or plats. When the Property is developed, a portion of the Open Space on the south side of Nimmo Parkway containing approximately 12,000 square feet shall be developed as a neighborhood park with playground equipment. The park and equipment shall be maintained by the Homeowner's Association. 5. When the Property is subdivided, the party of the first part shall record a Declaration submitting the Lots and all of the Property outside the public rights of way to a mandatory membership Homeowners' Association which shall be responsible for maintaining all open spaces, common areas, landscaped buffer easement, frontage landscaped buffer, entrance features and other improvements on the Property as depicted on the Subdivision Plan. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create any additional residential building lots in excess of eighty-four (84). 3 PREPARED BY: ENO SUES, W11R DON, WN MON & Wry. I� . 6. The party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a tree retention and landscape plan for the twenty-five foot (25') Landscape Buffers as depicted on the Subdivision Plan. The 25' wide Landscape Buffers along with the other Open Space and forested areas depicted on the Subdivision Plan shall be owned and maintained by the Homeowners' Association, which shall mandate the preservation and retention of the buffer of evergreen and deciduous trees within the 25' Landscape Buffers as well as the preservation and retention of the native vegetation within the two (2) forested areas depicted. 7. In the event any Best Management Practices (BMP) stormwater detention ponds (i.e. "wet pond") are created on the property within loo feet of the property line of a home within the adjoining Lago Mar subdivision, an aeration fountain shall be installed by the party of the first part and maintained by the Homeowner's Association in each such pond. 8. When the Property is developed, the fully engineered construction plans for the subdivision will provide that stormwater runoff from the development, including any decrease in storage capacity associated with the limited impacts on non -tidal wetlands will not negatively impact the adjacent residential properties. This may be done by use of an intercepting drainage system or other methods approved by Grantee. 9. When the Property is developed, the party of the first part shall provide Grantee with proof of all approvals from applicable federal and state agencies as a condition of final subdivision approval. lo. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit 11 Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. PREPARED BY: W,W SYKES, DOIM)ON. Mil AlinN & BEVY. IT. 5 PREPARED BY: OM SUES, R®URI:®N. Wil AHERN & LEVE'. P.C. WITNESS the following signature and seal: Grantor: Kroll Enterprises, Inc., a Virginia corporation STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: EAL) The foregoing instrument was acknowledged before me this 2nd day of February, 2012, by Jeffrey A. Kroll, President of Kroll Enterprises, Inc., a Virginia corporation, Grantor. My Commission Expires: August 31, 2014 Notary Registration No.: 1qe62$- \A`i 0 1) !;-- C7 Notary Public WITNESS the following signature and seal: Grantor: N & K Properties, LLC, a Virginia limited liability company BY. (SEAL) W. Nick Wright, anager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of February, 2012, by W. Nick Wright, Manager of N & K Properties, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires:%�- Notary Registration No.: M;' Vi Notary Pok • Stab of WW2 my�E*mj"11,2812 Commipioa �t O07"5 Sorbed ars* MOW Nobly AM PREPARED BY: 0M SMS. BOURBON, M AHFRN & LWT'. P.C. 7 WITNESS the following signature and seal: Grantor: B & W Property Development, a Virginia limited liability company By: (SEAL) Sara W. Gerloff, MIiager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 't ti day of February, 2012, by Sara W. Gerloff, Manager of B & W Property Development, LLC, a Virginia limited liability company, Grantor. Nota P blic My Commission Expires: Notary Registration No.:_ PREPARED BY: OM SYKES, ROURDON, dU ANERN & LEVY, P.C. Fr) , � nvt, o ••'• a��'r ns.a1�� �'j PREPARED BY: MW SYKES, BOURDON, UN A URN & L£VY. P.C. EXHIBIT "A" PARCEL 1 AND 2 Parcel #1: Described in Deed of Joshua T. James, et ux to Thomas Cason, dated March 15, 1892, duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 62, at Page 452, as containing six (6) acres, more or less, being called Grapevine Ridge near Davys land; bounded on the North by land of Edward W. Atwood, on the East by land of Walter H. Hill, on the South by land of William H. Petree and on the West by Davys land; a survey thereof being recorded in Deed Book 62, at Page 4530 Parcel #2: Lying easterly of Parcel #1, above and described in Deed of Walter H. Hill, et ux, to Thomas Cason, dated July 23, 1894, and duly of record in the Clerk's Office of the City of Virginia Beach, Virginia, in Deed Book 65, at Page 192, as containing ten (10) acres, three (3) rods, 7,472 poles, adjoining Troutten's thicket; bounded on the North and the East by Land of E. W. Atwood, on the South by other land of said Hill, and on the West by other land of said Cason; a survey thereof being duly of record in the Clerk's Office of the City of Virginia Beach, Virginia, in Deed Book 65, at Page 193. Above two parcels taken together are bounded Northerly by land now or formerly of Lagomar Realty Development Incorporated, (reference Map Book 74, at Page 35), Southerly by land now or formerly of Wilson, (reference Map Book 80, at Page 38), and Westerly by land or canal ditch lying between this land and the land now or formerly of Upton Produce Co., Inc. and land now or formerly of Walke (reference Map Book 75, at Page 29, and Map Book 5, at Page 205). GPIN: 2414-64-7136 Parcel #3: All of that certain tract, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in what is known as "Davis Land", City of Virginia Beach, Virginia, and described by courses and distances on a certain plat and survey of the same entitled "Plat of W. H. Cason's Land, etc." made by Joshua G. Moore, County Surveyor, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book Number 6, Part 2, at Page 185, which described the property as follows (said property being designated on the aforesaid plat as "W. H. Cason's Land"): BEGINNING at a post in the private road shown on the plat hereinabove mentioned and running thence South 65° 15' West 8.56 chains to a post; thence North 450 16' West 1.05 chains to a gum stump; thence North 49° 16' West 3.93 chains to a cypress; thence North 34° 14' East 1.55 chains to a cypress; thence North 35° 14' East .90 chains to a cypress; thence South 760 16' East 1.04 chains to a cypress; thence South 88° 16' East 1.04 chains to a cypress; thence North 50° 44' East 1.49 chains to a cypress; thence North 590 29' East 2.38 chains to a cypress stump; thence North 690 44' East .985 chains to a post; thence N PREPARED BY: 018 SYKES. BOURDON, Mil AHERN a LEVY. P.C. North 69" 44' East .985 chains to a post; thence North 650 44' East 2.12 chains to a post formerly oak; thence North 380 14' East 2.64 chains to a cypress post; thence North 60° 14' east 2.20 chains to a maple; thence North 59° 14' East 2.16 chains to a gum; thence North 530 44' East 2.2 chains to a cypress; thence North 23° 14' East 2.18 chains to a cypress; thence South 46° 31' East 1.05 chains to a gum; thence South 72° 01' East 2.43 chains to a maple; thence South 790 46' East 1.45 chains to a post; thence South 46° 09' West 6.12 chains to a oak; thence South 46° 09' West 9.55 chains to at the point of beginning, containing in the aggregate ten (10) acres, three (3) rods and seven (7) poles, but is subdivided into two plats, Plat No. one (1) containing 6 acres, 1 Rod, 11 Poles, and Plat No. Two (2) containing 4 acres, 1 Rod, 36 Poles. GPIN: 2414-75-6105 Parcel #4: All that certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, being a part of the property known as LAGOMAR, and designated and described on a certain plat of survey entitled "PLAT OF PROPERTY FOR URBAN SYSTEMS DEVELOPMENT CORPORATION, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated March 1972, and made by Marsh and Basgier, Consulting Engineers, which plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 91, Page 51, and designated and described on said plat as parcel containing 10.354 acres. Reference to said plat is hereby made for a more particular description of said property. GPIN: 2414-74-8142 Parcel #5: All that certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, Borough of Princess Anne, and designated and described in a certain plat of survey entitled "Plat Showing Division of Parcel E, Plat of Property for Lagomar Realty Development Company, Incorporated for William P. Byrum, Princess Anne Borough, Virginia Beach, Virginia", dated July, 1968, and made by Frank D. Tarrall, Jr. & Associates, Surveyors & Engineers, Virginia Beach, Virginia, which plat is recorded in the aforesaid Clerk's Office as "PARCEL E-1, 0.097 ACRE"; reference to which plat is hereby made for a more particular description of said parcel. GPIN: 2414-74-7564 Parcel #6: All that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being more particularly bounded and described as follows: 10 PREPARED BY: 13M SYKES, BOURDON, Wil AHERN & LEVY, P.C. BEGINNING at a point in the private road shown on the plat hereinafter mentioned, and running thence North 57° 16' West, 2.65 chains to a post; thence South 290 14' West, 8.53 chains to a post; thence North 46° 46' West, 1.05 chains to a gum; thence North 41° 46' West, 4.30 chains to a beech; thence North 45° 16' West, 2.83 chains to a post; thence North 650 15', 8.56 chains to a post; thence North 46° 09' East, 9.55 chains to an oak; thence North 46° 09' East, 6.12 chains to a post; thence South 790 46' East, 1.86 chains to a post, formerly maple; thence South 690 31' East, 6o chains to a post; thence South 33° 44' West, 5.47 chains to a beech; thence South 340 14' West, 1.40 chains to a beech; thence South 340 44' West, 7.43 chains to a post, formerly gum; and thence South 340 14' West, 2.40 chains to a post, the place of beginning; and containing in the aggregate 10 acres, 3 rods, and 7 poles, but subdivided into two (2) plats, Plat No. 1 containing 6 acres, 1 rod, and 11 poles, and Plat No. 2 containing 4 acres, 1 rod and 36 poles, as shown by plat and survey thereof made by Joshua C. Moore, County Surveyor, dated January 28, 1921, and recorded in the Clerk's Office of the said City in Map Book 6, at Page 185. SAVE AND EXCEPT all that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "TAKE AREA 0.707 ACRE" as shown on that certain plat entitled: "PLAT SHOWING PROPERTY ACQUIRED BY THE CITY OF VIRGINIA BEACH FROM CAVALIER INVESTMENT CO. PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA DATE: JULY 29, 1981 SCALE: 1"=loo"', said plat recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 153, at Page 23. Parcel 5 and Parcel 6 being that property designated "as now or formerly Cavalier Investment Company", as shown on that plat entitled: "PLAT SHOWING PROPERTY ACQUIRED BY THE CITY OF VIRGINIA BEACH FROM CAVALIER INVESTMENT CO. PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA DATE: JULY 29, 1981 SCALE: 1"=100`, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 153, at Page 23. GPIN: 2414-74-8969 \\Sykesw2k\users\AM\Conditiona1 Rezoning\Kroll Enterprises\Proffer_Clean 2-07-12.doe 11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 1110 of the City Zoning Ordinance to allow certain uses as conditional uses in the PD -H1 Planned Unit Development District. MEETING DATE: June 12, 2012 ■ Background: Allowable uses within the PD -H1 zoning district are governed by the Land Use Plan approved with the original rezoning to PD -H1, which designates the land area within the Planned Development as primarily Commercial and Residential. If designated as Residential, the area may be developed with the principal uses allowed in the A-12 Apartment District. If designated as Commercial and the size of the site is less than three acres, the area may be developed with the principal uses listed in the B -1A Business District. If designated as Commercial and the size of the site is three acres or more, the principal uses listed in the B-2 Business District are allowed. Since Section 1110 specifies that only the 'principal' uses in the A-12, B -1A, or B- 2 are allowed within the Residential or Commercial areas of a PD -H1 District, the conditional uses that are also provided for in each of the zoning districts noted above are not allowed. The only method by which a site can be used for something other than one of the 'principal' uses is by amending the approved PD -H1 Land Use Plan through a Change of Zoning. Since a Change of Zoning can be a costly undertaking, particularly for small businesses and homeowners, an amendment to the Land Use Plan is not a realistic option. Thus, businesses and residents in an area zoned PD -H1 do not have the same opportunity for some uses as businesses and residents in areas not zoned PD -H1. ■ Considerations: The proposed amendment inserts a new Subsection to Section 1110 that will allow the following as conditional uses in the PD -H1 District: 1. Communication towers; 2. Family care homes; 3. Group Homes; 4. Kennels, residential; 5. Religious uses; 6. Residential care for seniors, provided that no more than one (1) employee who is a bona fide resident of the dwelling shall be permitted; and City of Virginia Beach Page 2of2 7. Wind energy conversion systems, free-standing and roof -mounted. The result of the amendment is the elimination of the need to seek a Rezoning to modify the PD -H1 Land Use Plan for these conditional uses. Instead, only a Conditional Use Permit is necessary. The conditional uses included in the list are those that City staff has found to be the most commonly requested within PD -H1 zoning districts and are those least likely to have significant impacts. Typical conditional uses likely to generate significant impacts, such as a service station or car wash, will still require a modification to the PD -H1 Land Use Plan through a Change of Zoning. The amendment provides a less costly and less complicated means of allowing some of the most requested uses for the PD -H1 Districts that cannot currently be allowed without a modification to the PD -H1 Land Use Plan by a Change of Zoning. There was no opposition to the amendment. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of the amendment to the City Council. ■ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ,:� City Manage • w Wit 17 May 9, 2012 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE / USE PERMITS IN PD -H1 REQUEST: An Ordinance to amend Section 1110 of the City Zoning Ordinance to allow certain uses as conditional uses in the PD -H1 Planned Unit Development District. SUMMARY OF AMENDMENT Allowable uses within the PD -H1 zoning district are governed by the Land Use Plan approved with the original rezoning to PD -H1, which designates the land area within the Planned Development as primarily Commercial and Residential. If designated as Residential, the area may be developed with the principal uses allowed in the A-12 Apartment District. If designated as Commercial and the size of the site is less than three acres, the area may be developed with the principal uses listed in the B -1A Business District. If designated as Commercial and the size of the site is three acres or more, the principal uses listed in the B-2 Business District are allowed. Section 1110 also provides for the following additional uses: 1. Fraternity and sorority houses, student dormitories and student centers; 2. Housing for seniors and disabled persons, with a conditional use permit; 3. Marinas; and 4. Private clubs or social centers provided that clubs where conduct of commercial affairs is a principal activity shall not be permitted. Since Section 1110 specifies that only the 'principal' uses in each of the districts are allowed, the conditional uses that are also provided for in each of the zoning districts noted above are not allowed. The only method by which a site can be used for something other than a 'principal' use is by amending the approved PD -H1 Land Use Plan. Since Section 1110(b) specifies that "modifications to the land use plan by city council shall be in the manner of a zoning change," anyone interested in using a site within the PD -H1 District for one of the conditional uses must amend the PD -H1 Land Use Plan through a Change of Zoning. An amendment to the Land Use Plan, however, since it requires a rezoning, is a costly undertaking, particularly for small businesses and homeowners. In response to this issue, the proposed amendment was drafted. The amendment inserts a new Subsection to Section 1110 that will allow the following as conditional uses in the PD -H1 District: 1. Communication towers; 2. Family care homes; 3. Group Homes; CITY OF VIRGINIA BEACH /PD -H1 USES Agenda Item 17 Page 1 4. Kennels, residential; 5. Religious uses; 6. Residential care for seniors, provided that no more than one (1) employee who is a bona fide resident of the dwelling shall be permitted; and 7. Wind energy conversion systems, free-standing and roof -mounted. The proposed amendment, therefore, eliminates the need to modify the PD -H1 Land Use Plan for these conditional uses, requiring only a Conditional Use Permit rather than the more complicated and costly Conditional Change of Zoning. The conditional uses included in the list are those that City staff has found to be the most commonly requested within PD -H1 zoning districts and are those least likely to have significant impacts. Typical conditional uses likely to generate significant impacts, such as a service station or car wash, will still require a modification to the PD -H1 Land Use Plan through a Change of Zoning. RECOMMENDATION Staff recommends approval of this amendment, as it provides a less costly and less complicated means of allowing some of the most requested uses for the PD -H1 Districts that cannot currently be allowed without a modification to the PD -H1 Land Use Plan by a Change of Zoning. CITY OF VIRGINIA BEACH / PD -H1 USES Agenda Item 17 Page 2 1 AN ORDINANCE TO AMEND SECTION 1110 2 OF THE CITY ZONING ORDINANCE TO 3 ALLOW CERTAIN USES AS CONDITIONAL 4 USES IN THE PD -H1 PLANNED UNIT 5 DEVELOPMENT DISTRICT 6 7 Section Amended: City Zoning Ordinance 8 Section 1110 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 1110 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 A. PD -H1 PLANNED UNIT DEVELOPMENT DISTRICT 20 21 Sec. 1110. - Land use regulation. 22 23 (a) The land use plan approved by city council, or as modified, for each planned 24 unit development project shall govern the development, and all land uses shall be in 25 accordance with it. 26 27 (b) Modifications to the land use plan by city council shall be in the manner of a 28 zoning change or by conditional use permit for uses designated in subsection (d).. 29 30 (c) Within a PD -H1 District, all of the principal uses and structures permitted 31 within an A-12 Apartment District other than hospitals and sanitariums, together with the 32 following enumerated uses and structures, shall be permitted: 33 34 (1) Fraternity and sorority houses, student dormitories and student 35 centers; 36 37 (2) Housing for seniors and disabled persons, with a conditional use 38 permit; 39 40 (3) Marinas; 41 42 (4) Private clubs or social centers provided that clubs where conduct of 43 commercial affairs is a principal activity shall not be permitted. 44 45 (d) Within a PD H1 District the following uses shall be allowed as conditional 46 uses: 47 48 (1) Communication towers; 49 50 (2) Family care homes; 51 52 (3) Group homes; 53 54 (4) Kennels, residential; 55 56 (5) Religious uses; 57 58 (6) Residential care for seniors provided that no more than one (1) 59 employee other than a bona fide resident of the dwelling shall be 60 permitted; and 61 62 (7) Wind energy conversion systems free standing and roof -mounted. 63 64 {d} (e) Other uses may be permitted if specifically approved as part of the plan, 65 provided that the areas and structures occupied shall be so located and designed as to 66 protect the character of the surrounding property and shall not, in combination, occupy 67 more than five (5) percent of the land area of the district, and provided further that 68 convenience establishments and shopping centers shall be subject to additional 69 requirements as herein specified: 70 71 .... 72 73 {e} (f) Special restrictions in Accident Potential Zone 1 (APZ-1). No use or 74 structure shall be permitted on any property located within Accident Potential Zone 1 75 (APZ-1) unless such use is designated as compatible in APZ-1 in Table 2 ("Air 76 Installations Compatible Use Zones Land Use Compatibility in Accident Potential 77 Zones) of section 1804; provided, however, that any use or structure not designated as 78 compatible shall be permitted as a replacement of the same use or structure the 79 replacement use or structure is of equal or lesser density or intensity than the original 80 use or structure. 81 82 2 COMMENT The amendments to subsection (d) allow the listed uses as conditional uses in the PD -111 District. The designated uses may be allowed by conditional use permit without an amendment to the land use plan, thereby simplifying the application process while maintaining adequate control over the uses in a PD -H1 District Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Plannr'. if partment CA -12212 R-3 April 9, 2012 �DMI City Attorney's Office 3 Item #17 City of Virginia Beach Amendment to Zoning Ordinance Use Permits in PD -H 1 May 9, 2012 CONSENT An Ordinance to amend Section 1110 of the City Zoning Ordinance to allow certain uses as conditional uses in the PD -H1 Planned Unit Development District. Staff recommends approval of this amendment, as it provides a less costly and less complicated means of allowing some of the most requested uses for the PD -H1 Districts that cannot currently be allowed without a modification to the PD -H 1 Land Use Plan by a Change of Zoning. BERNAS AYE FELTON AYE HENLEY AYE HODGSON HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 17 for consent. Stephen White appeared before the Commission. K. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC. TOWING ADVISORY BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS A 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 RETREAT Friday, August 3, 2012 Economic Development Conference Room CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT CITY OF VIRGINIA BEACH CITY MANAGER'S BRIEFINGS SUMMARY OF COUNCIL ACTIONS A. HILLTOP SGA MASTER PLAN Paul Ostergaard, DATE: 05/22/2012 PAGE: I Senior Vice D S President — Urban AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E z Y L N O O R S O I P E E E E S M 1 O O S H L R Y S S S N N D I CITY MANAGER'S BRIEFINGS A. HILLTOP SGA MASTER PLAN Paul Ostergaard, Senior Vice President — Urban Design Associates B. VIRGINIA BEACH HISTORIC Mac Rawls - PRESERVATION COMMISSION Chairman C. INTERIM FINANCIAL Patricia Phillips, STATEMENT Director — Finance Department 11/IIUIV/V- CERTIFICATION OF CLOSED CERTIFIED 9-0 Y Y Y Y Y Y A A Y Y Y E SESSION B S T A I N E D F MINUTES —May 8, 2012 APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y G-1 MAYOR'S PRESENTATIONS PETITION TO INCREASE DUI Melissa Gatchalian, ENFORCEMENT and AWARENESS Senior Class President — Salem High School "TOGETHER WE CAN FOUNDATION: Virginia "Ginny" MAKE A DIFFERENCE DAY" Diezel, Dr. Terry Jenkins H/I-1 PUBLIC HEARINGS LEASES OF CITY -OWNED No speakers PROPERTY — Farmers Market a. Uncle Chuck's Seafood b. Poppin' Kettle Corn c. The Garden Box No speakers 2 JUSTICE BYRNE MEMORIAL ASSISTANCE GRANT - Allocation J-1 Ordinances to AMEND the City Code: a. Sec 5-401 re fees for impoundment ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of animals CONSENT b. Sec 6-5 re animals on the beach/ ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y adjacent areas CONSENT CITY OF VIRGINIA BEACH c. Sec 27-5.1 re burglar alarm permits ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y CONSENT DATE: 05/22/2012 PAGE: 2 d. Sec 34-3/34-5/34-7/34-11/34-28/ ADOPTED, BY 11-0 Y Y Y Y D Y Y Y Y Y S 34-33/34-36/34-41/34-45/ADD Sec CONSENT AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O 1 P E E E E S M 1 O O 6-5 S H L R Y S S S N N D c. Sec 27-5.1 re burglar alarm permits ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT d. Sec 34-3/34-5/34-7/34-11/34-28/ ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 34-33/34-36/34-41/34-45/ADD Sec CONSENT 34-12/34-28.1 re swimming pools at condos e. See 211(b)(2) of the City Zoning ADOPTED 6-5 Y Y Y Y N N Y N Y N N Ordinance re temporary commercial signs 2 Ordinances to ACCEPT/ ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APROPRIATE/TRANSFER: CONSENT a. $4,293,826 from FEMA/$1,030,516 from Va Emergency Management re Hurricane Irene b. Forgive remaining $39,000 balance of interest-free loan to Chesapeake Beach Volunteer Fire/Rescue c. $150,000 interest-free loan to Chesapeake Beach Volunteer Fire/Rescue re ambulance d. $150,000 from Sheriffs Special Revenue Fund/TRANSFER $150,000 from Reserve to their FY 12 Budget e. $33,680 from Oyster Heritage Trust Fund to Planning/Community Development re increasing oyster habitat in Lynnhaven River watershed/continue Oyster Shell Recycling f. $5,000 from the Tree Restoration — Shore Drive Area Trust Fund to FY 12 Budget of Planning/Community Development re maritime forest habitat/ expanding the pilot live oak program 3 Ordinances/Resolution to AUTHORIZE: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. Three-year Leases at Farmers Market: 1) Charles Macin d/b/a Uncle Chuck's Seafood 2) Chuck Beeson d/b/a/ Keep It Poppin' Kettle Corn 3) FLS Corporation d/b/a/ The Garden Box CITY OF VIRGINIA BEACH b. Acquisition of land adjacent to Norfolk ADOPTED 8-3 N N Y Y Y Y N Y SUMMARY OF COUNCIL ACTIONS Y Y Southern r -o -w between DATE: 05/22/2012 PAGE: 3 Independence Boulevard/Thalia Creek D S C. STUDY of Regionalization of ADOPTED, BY AGENDA Y E D Y H Y Y E Y W Y ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O Y I P E E E E S M I O O S H L R Y S S S N N D b. Acquisition of land adjacent to Norfolk ADOPTED 8-3 N N Y Y Y Y N Y Y Y Y Southern r -o -w between Independence Boulevard/Thalia Creek C. STUDY of Regionalization of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Sanitary Sewer Service/Assets CONSENT 4 Ordinance to TRANSFER funds between ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y major classifications within the FY 12 CONSENT School Budget: a. $872,008 from Instruction to Technology b. $ 60,000 from Operations/ Maintenance to Technology c. $258,000 from Instruction Classification to Pupil Transportation 5 Resolution to formally RE -ADOPT the ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y revised Emergency Operations Plan CONSENT 6 Resolution for Plan of Financing/Bond ADOPTED 9-2 Y N Y Y Y Y N Y Y Y Y Refunding with Development Authority re public facilities/AUTHORIZE the execution K-1 CHESTER DAVIS/CHRISTINE W. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y RUDOLF closure of portion of - CONDITIONED, unimproved/unnamed alley adjacent to BY CONSENT 805 Vanderbilt Ave, Croatan Beach DISTRICT 6 - BEACH 2 SCOTT OVERTON CUP re home DEFERRED 7-4 Y Y Y Y N N Y N Y Y N firearm sales at 2325 Litchfield Way INDEFINITELY DISTRICT 7 - PRINCESS ANNE 3 NCC DEVELOPMENT, DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC/FULTON BANK CUP re a car INDEFINITELY, BY CONSENT wash/auto repair at 1525 General Booth. DISTRICT 6 — BEACH 4 BURNETTE DEVELOPMENT, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC/ABCS INVESTMENT GROUP, CONDITIONED, BY CONSENT LLC CUP re mini-warehouse/self storage at 965 South Oriole Drive DISTRICT 6 — BEACH 5 POINT TO POINT/DIAMOND APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y SPRINGS SHOPPES ASSOC, LLC CONDITIONED, CUP re truck rentals at 1270 Diamond BY CONSENT Springs Road DISTRICT 2 — KEMPSVILLE CITY OF VIRGINIA BEACH CHRISTY DEVORE-HOLLAND APPROVED/ 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Modification of CUP (approved October CONDITIONED, DATE: 05/22/2012 PAGE: 4 17, 1969) re mobile home park at 1217 BY CONSENT D S Hawk Avenue. DISTRICT 3 — ROSE AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O Y I P E E E E S M I O O S H L R Y S S S N N D 6 CHRISTY DEVORE-HOLLAND APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of CUP (approved October CONDITIONED, 17, 1969) re mobile home park at 1217 BY CONSENT Hawk Avenue. DISTRICT 3 — ROSE HALL 7 HOME ASSOCIATES OF APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y VIRGINIA, INC. Modification of PROFFERED, BY CONSENT Conditional COZ [Proffer No. 3] (approved on June 13, 2006) Princess Anne Road and 2117 Locksley Arch DISTRICT 7 — PRINCESS ANNE L APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BEACHES AND WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD ARTS and HUMANITIES Appointed: unexpired 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION term thru 06/30/2014 Benito Loyola N/O/P ADJOURNMENT 7:02 PM CITY COUNCIL RETREAT Friday, August 3, 2012 Economic Development Conference Room CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 05/22/2012 PAGE: 5 D S AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M 1 O O S H L R Y S S S N N D CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT 2012 CITY HOLIDAYS Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day