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APRIL 13, 2004 AGENDA ~ E, OEEIOVDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZ, EL, Kempsville - District 2 MARGARET L EURE, Centerville - District 1 REBA S. McCL4NA~ Rose Hall - District 3 RICHARD A. MADDOX, Reach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, A t-Large JAMES L. WOOD, Lynnhaven -District 5 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-43o3 FAX(757) 426-5669 E MAlL:C~ycncl~vbgov. com 13 April 2004 BUDGET WORKSHOP - Conference Room A. FY 2004-2005 RESOURCE MANAGEMENT PLAN 1. Compensation - Human Resources 2. Economic Vitality 3. Safe Community 1:00 P.M. CITY COUNCIL BRIEFING A. Towing Advisory Board Louie Ochave, Chairman - Conference Room 3:30 P.M. m. REVIEW OF AGENDA ITEMS COUNCIL LIASION REPORTS V. CITY COUNCIL COMMENTS VI. VII. INFORMAL SESSION A. B. C. - Conference Room CALL TO ORDER - Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION FORMAL SESSION - Council Chamber A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: 4:30 P.M. 6:00 P.M. Reverend Jim Wolfcale Atlantic Shores Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL AND FORMAL SESSIONS 2. SPECIAL FORMAL SESSIONS March 23, 2004 March 16, 2004 March 30, 2004 MAYOR'S PRESENTATION 1. TOP 25 DOERS, DREAMERS and DRIVERS AWARD David Sullivan, Chief Information Officer AGENDA FOR FORMAL SESSION PUBLIC HEARINGS LEASE OF CITY PROPERTY a. Farmers Market Restaurant t/a Princess Anne County Grill b. Cellar Door Productions of Virginia office - 302 22nd Street c. Maritime Museum Inc - 24th Street and Atlantic Avenue 2. SPOT BLIGHT ABATEMENT a. 549 Axagona Boulevard b. 201 Green Springs Court CONSENT AGENDA ORDINANCES/RESOLUTION 1. Ordinance re spot blight abatement: a. ESTABLISH Capital Project #3-336 b. AUTHORIZE acquisition by eminent domain c. APPROPRIATE funding for the purchase 1) $100,000 549 Aragona Boulevard 2) $130,000 201Green Springs Court Ordinance to AUTHORIZE acquisition of property on Princess Anne Road from THE DARVA GROUP, LLD, re right-of-way for the Southeastern parkway and Greenbelt and, APPROPRIATE $700,000 for this acquisition. Ordinance to AUTHORIZE acquisition of property in fee simple at Pleasure House Lake for the purposes of public park recreation and drainage, either by agreement or condemnation. Ordinance to AMEND and REORDAIN § 21-321.2 the City Code re maximum speed limits in designated neighborhoods: Acredale Bayville Park Birdneck Point Church Point Fairfield Lake Jones Larkspur Milburn Manor Baylake Pines Bellamy Manor Brighton on the Bay Croatan L & J Garden Lake Shores Littleneck Stratford Chase Ordinances to ESTABLISH criminal penalties for failure to comply with a franchise: a. remove certain encroachments into City property within twenty four (24) hours of the expiration b. adhere to orders to close and/or ignore revocation to suspend Ordinance to AMEND the Economic Development Investment Program Policy and Procedure (EDIP) and AUTHORIZE the Mayor to execute sante on behalf of the City. Resolution CONCURRING with the issuance by the Economic Development Authorit of the City of Norfolk re Hospital facility revenue and refunding bonds in an amount not to exceed $350,000,000 for the benefit of Sentara Healthcare. 10. 11. 12. Ordinance to AUTHORIZE the City Manager to lease: Restaurant space to Adrianne Bennett, Scott Wilson and Joseph Faughnan, t/a "PRINCESS ANNE COUNTY GRILL" at the Farmers Market VIRGINIA BEACH MARITIME MUSEUM, INC. for City owned land at 24th Street and Atlantic Avenue together with the "Old Coast Guard Building" BEACH EVENTS, a division of CELLAR DOOR PRODUCTIONS of VIRGINIA, for an office at 302 22"d Street Ordinance to AUTHORIZE a temporary encroachments into portions of City owned rights-of-way: Redtree Court, by BAY COLONY GARDEN CLUB to construct and maintain an underground well, pump, irrigation lines, brick patio and landscaping to enhance the community aesthetics. Lake Rudee by GLEN A. and NICOLE WILLIAMS to construct and maintain a boat lift. Ordinance to ACCEPT and APPROPRIATE $9,000 from donations to the Library Department re a foreign language materials collection. Ordinance to TRANSFER $895,868 from Beach Replenishment to Rudee Inlet infrastructure improvements to enhance navigation and protect shoaling. Ordinance to AUTHORIZE reimbursement to a police officer for legal fees and expenses incurred by him in his defense of a criminal charge that was dismissed by the court. L. PLANNING Application of CHRISTIAN CHAPEL ASSEMBLY OF GOD for a Conditional Use Pm-mit for a church expansion at 2751 Salem Road (CUP re private school approved January 13, 1998, never activated). (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL Application of LYNNHAVEN PRESBYTERIAN CHURCH for a Conditional Use Permit for a church expansion at 136 South Lynnhaven Road. (DISTRICT 6 - BEACH) Recommendation: APPROVAL M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS- (a) Plumbing~Vlechamcal (b) Building Maintenance HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD 1. Amend Virginia Beach Code Section 17-3 2. Change Membership to reflect two (2) Students 3. Add a Representative of the Schools to the membership TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS 1. ABSTRACT OF CIVIL LEGAL CASES RESOLVED - February 2004 p. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) Agenda 03/13/04~sb www.vbeov.com 2004-2005 RESOURCE MANAGEMENT PLAN SCHEDULE EVENT TOPIC LOCATION Workshop ~ublic Hearing Workshop Public Hearing Workshop Workshop Adoption of FY 2004-2005 Family & Youth Opportunities / Cultural & Recreational Opportunities Proposed FY 2004-2005 Resource Management Quality Education & Lifelong Learning Council Conference Room Salem High School Council Conference Room Proposed FY 2004-2005 Resource Management Council Chamber Plan Quality Physical Environment & Quality Council Conference Organization Room Reconciliation Workshop Council Conference May 6, 2004 City Council Vote on Resource Management Plan Council Chamber DATE Ap~l 15, 2004 Ap~115,2004 ~:00 PM Ap~120,2004 Ap~120,2004 6:00 PM Ap~12~ 2004 May ll, 2004 BUDGET WORKSHOP - Conference Room A. FY 2004-2005 RESOURCE MANAGEMENT PLAN 1. Compensation - Human Resources 2. Economic Vitality and Safe Community 1:00 P.M. CITY COUNCIL BRIEFING A. Towing Advisory Board Louie Ochave, Chairman - Conference Room 3:30 P.M. III. REVIEW OF AGENDA ITEMS IV. COUNCIL LIASION REPORTS V. CITY COUNCIL COMMENTS INFORMAL SESSION A. B. C. - Conference Room CALL TO ORDER - Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION 4:30 P.M. FORMAL SESSION A. 6:00 P.M. March 23, 2004 March 16, 2004 March 30, 2004 - Council Chamber CALL TO ORDER - Mayor Meyera E. Obemdorf INVOCATION: Reverend Jim Wolfcale Atlantic Shores Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL AND EORMAL SESSIONS 2. SPECIAL FORMAL SESSIONS CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2_3712 of the Code of Virginia requires a certification bY the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. MAYOR'S PRESENTATION 1. TOP 25 DOERS, DREAMERS and DRIVERS AWARD David Sullivan, Chief Information Officer II. AGENDA FOR FORMAL SESSION http://www.governor.vlrglma.gov/... I oI z Home About the Governor Mark Warner Biography Contacting the Governor Press & Policy Governor's Schedule Week in Review Issues & Initiatives N£~t¥ Tax Reform Education for a Lifetime Virginia Corps PASS Initiative Governor's Cabinet State Gov't Branches Virginia.gov Serving Virginia Gubernatorial App'ts Governor's Fellows The First Lady Public Schedule Lisa Collis Biography Press and Policy > News Releases > For Immediate Release Date Contact March i0, 2004 Ellen Quails (804) 786-2211, x 2379 cell: (804) 393-9429 GOVERNOR WARNER AND THREE OTHER VIRGlrNTANS NAMED TO (~OVERNMENT TECHNOLOGY MAGAZINE'S TOP 25 LZST -- DOERS, DREAI~IERS AND DP~VERS L_rST HA_tLS THOSE WHO XI~IPROVE SERVICES AND SAVE J~ONEY -- R/CHMOND - Governor Mark R. Warner, Secretary of Technology George C. Newstrom, Roanoke City Manager Darlene Burcham, and Virginia Beach Chief information Officer David Sullivan were named to Government Technology magazine's "Top 25: Doers, Dreamers and Drivers." Government Technology says individuals who made this year's list "implemented innovative ideas that improved citizens services and public safeb/- and they did so with cost- effectiveness demanded by current budget realities." "It is a tribute to the positive technology-based changes that we have been making in Virginia that 4 out of 25 people who earned recognition are from the Commonwealth," said Governor Warner. "Increasing the efficiency of technology not only saves money. It helps government serve people." The following is from Government Technology magazine, provides more information about the award winners, and discusses why they were selected in the Top 25: Governor Mark R. Warner created a tight bond between information technology, government services, and economic development. To an unprecedented degree, the Governor has put technology policy on the same plane as other key agendas embraced by most state executives. Working with Secretary of Technology George Newstrom, the Governor is aggressively reforming state IT use by consolidating IT infrastructure and centralizing services. He is also reining in how the state plans, budgets and tracks IT expenditures, and insisting on benchmarks to measure RO! before critical projects proceed. AdditionaUy, Virginia has one of the few successful e-procurement programs in government, which has already processed $1 billion in purchases electronically. Secretary of Technology George C. Newstrom holds down the dual roles of ~1- czar and chief strategist for economic development. Governor Warner gave him the job of reforming the state's highly decentralized IT infrastructure, services and resources into a consolidated, centralized program that would rein in costs while boosting services to citizens and businesses. He was also tasked with attracting investments to grow the state's tach- ha?ed economy, boosting research funding for the state's public umversJties and colleges, commercializing intellectual property and increasing broadband deployment. Virginia's IT reform effort is perhaps the biggest under way at the state level. The first of Feb. 2004 3an. 2004 Archives 3/31/2004 · http://www.govembr.virginia, gov/.' dozens of agencies have begun to consolidate their IT infrastructure and resources under the control of Virginia Information Techno!ogies Agency (VITA). Darlene Burcham, city manager of Roanoke, played a key role in making Roanoke one of the nation's most tech-savvy cities. When Burcham became city manager in 2000, technology was not embraced by the city's administration, but that quickly changed under her leadership. Roanoke is the only municipality to rank first in the Center for Digital Government's annual Digital Cities Survey in the 75,000-125,000 population category for three years running, from 2001 to 2003. A few innovations include free downtown wireless Internet access for public use, regional public kiosk access to promote the Roanoke Yalley, and City Council webcasting. David Sullivan, Chief Information Officer (CIO) of Virginia Beach, whose department supports approximately 6,000 employees and 3,800 workstations, recently added a live help feature - available during business hours - to the Virginia Beach Web site. In November 2003, the city's Web site broke 500,000 user sessions per month. Other changes that Mr. Sullivan plans to implement are a citywide 311 system, a human resources payroll system, and a tax and revenue system. 2 of 2 I. PUBLIC HEARINGS LEASE OF CITY PROPERTY a. Farmers Market Resiaurant t/a Princess Anne County Grill b. Cellar Door Productions of Virginia office - 302 22nd Street c. Maritime Museum Inc - 24th Street and Atlantic Avenue 2. SPOT BLIGHT ABATEMENT 549 Aragona Boulevard 201 Green Springs Court J. CONSENT AGENDA TRI~ ~B'F_ACON~ ~ '~" ' %%fhtEtA~, APEI£ 4; 2004 PUBLIC NOTICE LEASE OF CITY PROPERTY The Virginia Beach City council will hold a PUBLIC HEARING at 6:00 p.m. on Tuesday, April 13, 2004, in the City Council Chamber regard* ing the proposed lease agreement of City.weed property located at the Virginia Beach Farmers Market, as defined below: Restaurant: Adrianne Bennett; Scott Wilson; Joseph Faughnan; Ua Pdncess Anne County Grill The purpose of this Pubtic Hearing will be to obtain public comment on this lease of City property. Any questions concerning these mat- ters should be directed to .~anel Leatherman, Farmers Market Man* aAer, by calling (757) 427-4395, Ruth Hodges Smith: MMC ' City Clerk If you are physically disabled or visually impaired and need assis- tance at this reeeting, please call the CITY CLERK'S OFFICE at 427-4303; Hearing impaired, call TDD only 4274305 (TDD - Tele- phonic Device for the Deaf). Beacon April 4, 2004 1~_304480 ~--'~JIql3A~ APRlr :4; 2004 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of approximately 1485 square feet of City-owned office space at 302 22nd Street to Cellar Door Productions of Va., Tuesday, April 13, 2004 at 6:00 p.m. in the Council Chamber of the Cit7 Hal Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this hear ng will be to obtain pub c comment on the Cty's proposal to lease this office space. If you are physically disabled or visual y repaired and need ass s- tance at this meeting, please call the CITY CLERK'S OFRCE at 427~303; Hearing impaired, caII TDD only 427~305 (TDD - Tele- phone Device for the Deaf). Any quest ons concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 323, City Hall, (Bud ng 1) atthe Virginia Beach Municipal Cen- ter. The Facilities Management Office telephone number is (757 427-8234. Ruth Hedges Smith, MMC City Clerk Beacon April 4, 2004 11276425 TFtI 'EACON ""' NI:IA APfflE 4; 2004 PUBUC HEARING LEASE OF .275 ACRE OF CITY OWNED PROPERTY WITH IMPROVEMENTS LOCATED AT · 24TH STREET AND ATLANTIC The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of .275 acre of City owned property and the improvements located thereon, at 24th Street and Atlantic Avenue (GPIN 2427-19-4622), Tuesday, April 13, 2004 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 purpose of this hearing will be to obtain public input on the City's proposal to lease .275 acre of City owned property and the improvements [ocatad thereon, to Virginia Beach Maritime Museum, Inc. If you are physically disabled or visually impaired and need assis- tance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303; Hearing impaired, call TDD only 427-4305 (TDD - Tele- phone 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 Munic,* pal Center. The Real Estate Office telephone number is (757)427~161. Ruth Hodges Smith, MMC City Clerk Beacon: Aprii 4, 2004 11295789 THE BEACON SUNDAY, MARCH 28, 2004 APRIE :4; 2004 NOTICE IS HEREBY GIVEN that C~ Counci~ of ~ C~ of Vi~inia ~c~, ~n~ ~ll hold a ~btic heafin~ ~i~ ~inia ~e~h, ~nia {GPIN ~477-~4). On ~iannin¢ C~mi~ion ~de findin~ ~at the ~o~ ~s' b~u, u=t ~e o~er ~iled to ~m ~e bl~ and ~i~ ~ ~nt a r~e plan ~o cu~ ~; th~ accordan~ w~ ~e C~ Z~ O~inan~, ~e Com~hensbe ~an, and ~her ap~i~ble land ~ r~ula~ons; and ~ ~ pro~..~ n~t Io~ted w~hin a~ 'area listed n ~e ~onal R~er ~ H~onc Places. ~e C~ s plan for dis~s~n of ~e ~ s ~ ~uisF ~on ~ ~e pro~ ~muCh emine~ d~in, ~ demolffi~ ~ ~e exi~ing ~re,' and ~e m~le ~ ~e pr~ ~ ~ Ha~n R~ds Habit for Humanly, I~. or ~milar n~4or~ o~n~o~ whi~ will ~n~ a new si~mily d~lli~ on ~A of ~e ~n~on, the C~ ~11 p~i~ ~ ~ pr~ will be so d to a qual~ owner~ a~r ~on. The ~blic H~dng ~11 ~ he d n ~e C~ ~uncil Cham~, I~ on ~e 2nd fl~r ~ ~e C~ Hall Building, 2~1 Cou~ou~ ~, ~r- ginia Beach, Vi~n a. At Council may ~, mod~' or mje~ ~e fi~ ~ and m~m~nd~ lions of ~e P~nning Commi~ and ~y appr~, di~ or modi~ ~e ~oro~id dispos~on ¢ ~e pm~- ~ ~mon i~er~ est~ n ~is ~r ~y a~ar a~ ~ h~. _ .. C~ OF ~RGIN A B~CH, ~RGINm Ruth Hodges Smith, MMC City Clerk ~.1280561 Beacon March 25 and April 4, 2004 Public Notice Spot Blight Abatement NOTICE IS HEREBY GIVEN that on Apdl 13, 2004, at 6:00 p.rr*, the City Counc of the City of Virginia Beach, Vrgnia wilt hold a p~blic hearing regarding the property located at 549 Aragona Boulevard, Vir- ginia Beach, Virginia (GPIN 1477-18-3024). On March 10, .2004~ the Planning Commiss on made findings that the property is blighted; that the owner failed to cure the blight and fa ed to present a reasonable plan to cure it that the City's pian for disposition of the prop?ty_i? in accordance with the City Zoning Ordinance, the Comprehensive and other applicab e and use regulations; and that the property is not located within an area listed in the Nstonal Register of Hist(¥i? Places. The City's plan for disposition of the property is the acquisi- tion of the property through eminent domain, the demolition of the existing structure, and the resale of the property to South Hampton Roads Habtat for Humanly Inc. or similar not-for-profit organization, which will construct a new singie-fam ty dwelling on the property- As part of the transaction, the City will provide that the property ~ be sold to a qualified owner-occupant after construction. The Public Hearing witl be held in the City Council Chambers, located the 2nd floor of the City Hall Building, 2401 Courthouse Drive Vir- ~ia Beach, Virgin a. At the conclusion of the Public Hearing, the City Council may affirm, modfy or reject the fndings and recomrcenda- tions of the Planning Commission and may approve, disapprove or modify the aforesaid disposition of the property. Any person i~ter- ested in this matter may appear and be heard. CITY OF VIRGINIA BEACH, VIRGINIA Ruth Hodges Smith, MMC City Clerk Beacon March 28 and April 4, 2004 112805~1 THE BEACON ..,..,,,,,.,,-.,.,, MARCH 28, 2004 U'NDAY,*APR"IE 4; :2004 spot m~ht ~ont NOTICE IS HEREBY GIVEN that on Ap~I 13, 2004, at 6:00 p.m, the C~ Council of the C~ of Vi,,ginia Beach, vkginia will hold a public hearing regarding the property Iocat~ed at 201 Green Spdngs Court, Virginia Beach (GPIN 1487-21-0100). On March 10, 2004, the Ptac- nJng Commission made findings that the prope¢~' is blighted; that the owner failed to cure the blight and failed to present a reasonable plan to cure it; that the C~'s plan for disposition of the propo~ is in accordance with the City Zoning Ordinance, the Comprehensive Plan, and other applicable land use regulations; and that the prope~'y is not located within an area listed in the National Register of Histodc Places. T~e City's plan for disposition of the property is the acquisF lion of the property through ereinent domain and the resale of the propeAy for rehabilitation to a qualified builder or de~eloper through a proposal process. As part of the transaction, the City wilt provide that the property will be sold to a qualified owner-accupaat after construc- tion. The Public Hearing will be held in the City Council Chambers, located en the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Vir- ginia Beach, Virginia. At the conclusion of the Public Hsefing, the City Council may affirm, modify or reject the findings and receremeoda* lions of the Planning Commission and may approve, disapprove or modify the aforesaid disposition of the property. Any perece inter- ested in this matter may appear and be heard. CITY OF VIRGINIA BEACH, VIRGINIA Ruth Hedges Smith, MMC City Clerk Beacon Mamh 28 and Apdl 4, 2004 ' 11280518 Public Notice Spot Blight Abatemeat NOTICE IS HEREBY GIVEN that on April 13, 2004, at 6:00 p.m, the City Council of the City of Virginia Beach, Virginia will hold a public hearing regarding the property located at 201 Green Spdngs Court, Virginia Beach (GPIN 1487-21-0100). On March 10, 2004, the Plan- ning Commission made findings that the propeC~y is blighted; that the owner failed to cure the blight and failed to present a reasonable plan to cure it; that the City's plan for disposition of the property is in accordance with the City Zoning Ordinance, the Comprehensive Plan, and other applicable land use regulations; and t~Nat the property is not located within an area listed in the National Register of Historic Places. The CiD's plan for disposition of the I~roperty is the acquisi- tion of the property through eminent domain and the resale of the property for rehabilitation to a qualified builder o~ developer through a proposal process. AS part o[the transaction, the City will provide that the property will be sold to a qualified owner-occupant after construc- tion. The Public Hearing will be held in the City Council Chambers, located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Vir- ginia Beach, Virginia. At the conclusion of the Public Hearing, the City Council may affirm, modify or reject the findings and recommenda- lions of the Ptanning Commission and may a~prove, disapprove or modif7 the aforesaid disposition of the properly. Any person inter- ested in this matter may appear and be heard. CITY OF VIRGINIA BEACH, VIRGiNiA Ruth Hedges Smith, MMC City Clerk Beacon Mamh 28 and April 4, 2004 11280518 K. ORDINANCES/RESOLUTION Ordinance re spot blight abatement: ESTABLISH Capital Project #3-336 AUTHORIZE acquisition by eminent domain APPROPRIATE funding for the purchase 1) $100,000 549 Aragona Boulevard 2) $130,000 201Green Springs Court Ordinance to AUTHORIZE acquisition of property on Princess Anne Road from THE DARVA GROUP, LLD, re right-of-way for the Southeastern Parkway and Greenbelt; and, APPROPRIATE $700,000 for this acquisition. Ordinance to AUTHORIZE acquisition of property in fee simple at Pleasure House Lake for the purposes of public park recreation and drainage, either by agreement of condemnation. Ordinance to AMEND and REORDAIN § 21-321.2 the City Code re maximum speed limits in designated neighborhoods: Acredale Bayville Park Birdneck Point Church Point Fairfield Lake Jones Larkspur Milbum Manor Baylake Pines Bellamy Manor Brighton on the Bay Croatan L & J Garden Lake Shores Littleneck Stratford Chase Ordinance to ESTABLISH criminal penalties for failure to remove certmn encroachments into City property with in twenty four (24) hours of the expiration of a franchise. o Ordinance to AMEND the Economic Development Investment Program Policy and Procedure (EDIP) and AUTHORIZE the Mayor to execute same on behalf o Resolution CONCURRING with the issuance by the Economic Developmen! of the City of Norfolk re Hospital facility revenue and refunding bonds in an amount not to exceed $350,000,000 for the benefit of Sentara Healthcare. 8. Ordinance to AUTHORIZE the City Manager to lease: Restaurant space to Adrianne Bennett, Scott Wilson and Joseph Faughnan, t/a "PRINCESS ANNE COUNTY GRILL" at the Farmers Market VIRGINIA BEACH MARITIME MUSEUM, INC. for City owned land at .... ld 24th Street and Atlantic Avenue together w~th thc O Coast Guard Building" BEACH EVENTS, a division of CELLAR DOOR PRODUCTIONS of VIRGINIA, for an office at 302 22"d Street 10. 11. Ordinance to AUTHORIZE a temporary encroachments into portions of City owned rights-of-way: Redtree Court, by BAY COLONY GARDEN CLUB to construct and maintain an underground well, pump, irrigation lines, brick patio and landscaping to enhance the community aesthetics. Lake Rudee by GLEN A. and NICOLE WILLIAMS to construct and maintain a boat lift. Ordinance to ACCEPT and APPROPRIATE $9,000 from donations to the Library Department re a foreign language materials collection. Ordinance to TRANSFER $895,868 from Beach Replenishment to Rudee Inlet infrastructure improvements to enhance navigation and protect shoaling. Ordinance to AUTHORIZE reimbursement to a police officer for legal fees and expenses incurred by him in his defense of a criminal charge that was dismissed by the court. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance To Establish Capital Project #3-336 For The Purpose Of Spot Blight Abatement MEETING DATE: April 43, 2004 · Background: In accordance with Section 36-49.1:1 of the Virginia Code, the City has the authority to acquire by eminent domain single properties that are determined by the Planning Commission and City Council to be blighted. For those properties that are determined to be blighted, City Council can authorize the repair, demolition, and/or acquisition of the property. The City can recoup costs associated with acquiring and repairing the property. · Considerations: The establishment of a Capital Project is the most efficient and effective means of funding the acquisition, maintenance and resale of such properties. · Public Information: Public information will be handled through the normal Council agenda process. · Alternatives: The acquisition and resale of properties could be handled through the operating budget, rather than through the establishment of a capital project; however, providing funding in the operating budget for acquisition of property to be offset by revenue from resale of the property, may result in a situation where the revenue from resale is not realized during the same fiscal year in which cost was incurred for property acquisition. Employing a capital project for the purpose of acquisition and resale would eliminate this problem. · Recommendations: That the ordinance establishing capital project #3-336, Spot Blight Abatement, be approved. · Attachments: None. Recommended Action: Approval of ordinance~, ~ Submitting Department/Agency: Department of R~u~ing and Neighborhood Preservation City Manager: ~ ~ 1 ~ ORDINi~NCE TO ESTABLISH CAPITAL 2 PROJECT #3-336 FOR THE PURPOSE OF 3 SPOT BLIGHT ABATEMENT 4 WHEREAS, under the circumstances set forth in Section 36- 5 49.1:1 of the Virginia Code, the City of Virginia Beach is 6 authorized to acquire, by eminent domain, properties that are 7 determined by the City Council to be blighted; and 8 WHEREAS, the establishment of a Capital Project is the most 9 efficient and effective means of funding the acquisition, 10 maintenance and resale of such properties; 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That Capital Project #3-336, ~'Spot Blight Abatement," is 14 hereby established in the capital budget for the purpose of 15 acquiring properties determined to be blighted pursuant to Virginia 16 Code Section 36-49.1:1 and for the purpose of funding any necessary 17 actions taken to maintain and sell such properties. 18 19 20 21 22 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2004. APPROVED AS TO CONTENT: Depar~m~' ~f Housing and Neighborhood Preservation Departmen~t of Services APPROVED AS TO LEGAL SUF, FICIR~Cy: · ~ __ City Attorney's Office CA-9210 OID~ordres~ spotbl ightproj ectordin, doc R-1 April 1, 2004 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of Property Located at 549 Aragona Boulevard and Appropriating $100,000 to Capital Improvement Project #3-336 (Spot Blight Abatement) MEETING DATE: April 13, 2004 · Background: Section 16-39 of the City Code, entitled "Spot Blight Abatement," authorizes the City to acquire blighted property by eminent domain under certain conditions. In the Fall of 2003, the property which is the subject of this Ordinance (the "Property") was identified by the Department of Housing and Neighborhood Preservation as blighted. In October, notice of that determination was sent to the owner, who failed to respond. As prescribed by Section 16-39, the matter was then brought before the Planning Commission. The owner of the Property did not appear, either in person or by a representative. At the conclusion of the public hearing, held on March 10, 2004, the Commission made the following findings: (1) the Property is blighted; (2) the owner has not cured the blight and has not presented a reasonable plan to cure the blight; (3) the City's plan for the disposition of the Property (i.e., acquire the Property by condemnation and resell the Property under terms which ensure that the Property is rehabilitated) is in accordance with the City Zoning Ordinance, the Comprehensive Plan and other applicable land use regulations; and (4) the Property is not located in an area listed on the National Register of Historic Places. To date, the owner has neither cured the blight nor submitted a reasonable plan to cure it. The attached Spot Blight report provides additional detail regarding the condition of the Property and the process which has been followed in bringing the matter before the City Council. · Considerations: As noted in the attached report, the property was determined to be unsafe in March, 2002, and has been vacant since that time. The Department of Housing and Neighborhood Preservation has issued 15 notices of violation against the Property. The Property is the subject of a suit to collect delinquent taxes in an amount of approximately $7,400, and an additional $1,091 in code enforcement liens have been recorded against the Property. The owner has failed to respond to numerous notices regarding this action. Based upon the foregoing circumstances, the Planning Commission made a formal finding concurring in the Staff's determination that the Property is blighted and should be acquired by the City and thereafter resold. Based on the condition of the Property and the owner's failUre to present a reasonable plan for curing the blight, Staff believes that acquisition by eminent domain is the only means of rehabilitating the Property. The City would be required to observe all legal requirements of the eminent domain process. Once acquired by the City, the house on the Property would be demolished by the City, and the Property would then be resold to Habitat for Humanity, a similar organization, or other entity under a contract which would contain provisions ensuring that the Property is rehabilitated. · Public Information: This public hearing has been advertised in the Beacon on March 28 and April 4; in addition, notices have been sent to the owner and to adjacent property owners. The proposed action has been the subject of at least two articles in the local newspaper. · Alternatives: The City Council may affirm, modify or reject the findings of the Planning Commission. It may authorize the Staff to go forward with its plan for the disposition of the Property, either in its present form or as modified by the City Council, or decline to grant such authority. · Recommendations: Approval of the attached ordinance, which will affirm the findings of the Planning Commission; authorize the acquisition of the Property via eminent domain; appropriate the funds needed for acquisition; and authorize the resale of the Property. · Attachments: Spot Blight Report - 549 Aragona Boulecard Recommended Action: Appro Submitting DepartmentJA enc E~e g y: p,a' ment of Housing and Neighborhood Preservation City Manager~'~u3 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 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY LOCATED AT 549 AP~AGONA BOULEVARD AND APPROPRIATING $100,000 TO CAPITAL IMPROVEMENT PROJECT #3-336 (SPOT BLIGHT ABATEMENT) WHEREAS, on March 10, 2004, in accordance with Virginia Code Section §36-49.1:1, and following a public hearing, the Virginia Beach Planning Commission made the following findings regarding the property located at 549 Aragona Boulevard, in the City of Virginia Beach (GPIN 1477 18 3024) (the "Property"): 1. That the Property is blighted, within o the meaning of Virginia Code Section §36-49; That the owner of the Property has failed to cure the blight or present That the plan for the of the Property is a reasonable plan to do so; repair or other disposition in accordance with the Comprehensive Plan, City Zoning Ordinance and other applicable land use regulations; and 4. That the Property is not located within an area listed on the National Register of Historic Places; and WHEREAS, the Planning Commission recommended that the City Council approve the plan presented by the Department of Housing and Neighborhood Preservation for the repair or other disposition of the Property, to-wit: that the Property should be acquired by means of eminent domain, the existing structure demolished, and the property resold to South Hampton Roads Habitat for Humanity, Inc., a similar not-for-profit organization, or other entity, which will 31 construct a new single-family dwelling on the Property. As part of 32 the transaction, the City will provide that the Property will be 33 sold to a qualified owner-occupant after construction; and 34 WHEREAS, the Property has been condemned for human habitation 35 for a period in excess of one (1) year; 36 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 37 CITY OF VIRGINIA BEACH, VIRGINIA: 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 FIRST That the City Council hereby affirms the aforesaid findings and recommendations of the Planning Commission; SECOND That the City Council hereby finds that the Property should be acquired by the City for the preservation of the safety, health, peace, good order, comfort, convenience and welfare of the people of the City of Virginia Beach and other related public purposes, and hereby authorizes the acquisition of the Property in fee simple by purchase or condemnation pursuant to Section 36.49.1:1 and Chapter 2 (§25.1-200 et. seq.) of Title 25.1 of the Virginia Code; THIRD That the City Manager is hereby authorized to make, or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer for the purchase of the Property to the owners or persons having an interest in the Properties. If such offer is refused, the City Attorney is hereby authorized to institute and prosecute proceedings to condemn the Property; 57 58 59 6O 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 92 93 95 FOURTH That upon acquisition of the Property, the City shall demolish the existing structure and resell the Property for purposes of reconstruction to South Hampton Roads Habitat for Humanity, Inc., a similar not-for-profit organization or other entity, with appropriate provisions in any such contract of sale to ensure that a new single-family dwelling will be timely constructed on the Property and the Property thereafter sold to a qualified owner- occupant; FIFTH That $100,000 is hereby appropriated to Capital Improvement Project ~3-336 (Spot Blight Abatement), and estimated revenue from Sale of Property-Spot Blight is hereby increased by $100,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. CA-9209 Aragona ordin, doc R-1 April 1, 2004 Approyed As To Content: Hou g a d Neighborhood J g/a Preservation Approved As To Content: Management Services Approved As To Legal Sufficiency: A Clt~ Attorney s Office CITY OF VIRGINIA BEACH AGENDA ITEM iTEM: An Ordinance Authorizing the Acquisition of Property Located at 201 Green Springs Court and Appropriating $130,000 to Capital Improvement Project #3-336 (Spot Blight Abatement) MEETING DATE: April 13, 2004 · Background: Section 16-39 of the City Code, entitled "Spot Blight Abatement," authorizes the City to acquire blighted property by eminent domain under certain conditions. In the Fall of 2003, the property which is the subject of this Ordinance (the "Property") was identified by the Department of Housing and Neighborhood Preservation as blighted. In October, notice of that determination was sent to the owner, who failed to respond. As prescribed by Section 16-39, the matter was then brought before the Planning Commission. At a public hearing held by the Commission at its March meeting, the owner of the Property appeared before the Commission and presented a plan to rehabilitate the Property; that plan, however, was found to be inadequate both by Staff and the Commission. At the conclusion of the public hearing, the Commission made the following findings: (1) the Property is blighted; (2) the owner has not cured the blight and has not presented a reasonable plan to cure the blight; (3) the City's plan for the disposition of the Property (he., acquire the Property by condemnation and resell the Property to an individual or entity under terms which ensure that the Property is rehabilitated) is in accordance with the City Zoning Ordinance, the Comprehensive Plan and other applicable land use regulations; and (4) the Property is not located in an area listed on the National Register of Historic Places. To date, the owner has neither cured the blight nor submitted a reasonable plan to cure it. The attached Spot Blight report provides additional detail regarding the condition of the Property and the process which has been followed in bringing the matter before the City Council. · Considerations: As noted in the attached report, the Property was determined to be unsafe in December 2001, and has been vacant for approximately two years. It has been the subject of eighteen (18) enforcement notices in the past three years. The property owner's plan for curing the blight was determined to be inadequate by the Department of Housing and Neighborhood Preservation, and the Planning Commission made a formal finding concurring in that determination. Based on the condition of the Property and the owner's failure to present a reasonable plan for curing the blight, Staff believes that acquisition by eminent domain is the only means of rehabilitating the Property. The City would be required to observe all legal requirements of the eminent domain process. Once acquired by the City, the Property would be resold to an individual or entity under a contract which would contain provisions ensuring that the Property is rehabilitated. · Public Information: This public hearing has been advertised in the Beacon on March 28 and April 4; in addition, notices have been sent to the owner and to adjacent property owners. The proposed action has been the subject of at least two articles in the local newspaper. · Alternatives: The City Council may affirm, modify or reject the findings of the Planning Commission. It may authorize the Staff to go forward with its plan for the disposition of the Property, either in its present form or as modified by the City Council, or decline to grant such authority. · Recommendations: Approval of the attached ordinance, which will affirm the findings of the Planning Commission; authorize the acquisition of the Property via eminent domain; appropriate the funds needed for acquisition; and authorize the resale of the Property. · Attachments: Spot Blight Report- 201 Green Springs Court Submitting Department/Agency~~'H~g and City Manager:(~ ~ , ~]~(, Neighborhood Preservation 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 3O AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY LOCATED AT 201 GREEN SPRINGS COURT ~ APPROPRIATING $130,000 TO CAPITAL IMPROVEMENT PROJECT #3-336 (SPOT BLIGHT ABATEMENT) WHEREAS, on March 10, 2004, in accordance with Virginia Code Section §36-49.1:1, and following a public hearing, the Virginia Beach Planning Commission made the following findings regarding the property located at 201 Green Springs Court, in the City of Virginia Beach (GPIN 1487-21-0100) (the ~Property") : 1. That the Property of Virginia Code 2. That the owner of o is blighted, within the meaning Section §36-49; the Property has failed to cure the blight or present a reasonable plan to do so; plan for the repair or other disposition That the of the Property is in accordance with the Comprehensive Plan, City Zoning Ordinance and other applicable land use regulations; and 4. That the Property is not located within an area listed on the National Register of Historic Places; and WHEREAS, the Planning Commission recommended that the City Council approve the plan presented by the Department of Housing and Neighborhood Preservation for the repair or other disposition of the Property, to-wit: that the Property should be acquired by the City of Virginia Beach through eminent domain and resold for purposes of rehabilitation to a qualified builder or developer through a proposal process, and that as part of the transaction, 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 47 48 49 5O 51 52 53 54 55 56 the City will provide that the Property will be thereafter sold to a qualified owner-occupant after construction is completed; and WHEREAS, the Property has been condemned for human habitation for a period in excess of one (1) year; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: FIRST That the City Council hereby affirms the aforesaid findings and recommendations of the Planning Commission; SECOND That the City Council hereby finds that the Property should be acquired by the City for the preservation of the safety, health, peace, good order, comfort, convenience and welfare of the people of the City of Virginia Beach and other related public purposes, and hereby authorizes the acquisition of simple by purchase or condemnation pursuant and Chapter 2 (§25.1-200 et. Code; seq.) of Title THIRD the Property in fee to Section 36.49.1:1 25.1 of the Virginia That the City Manager is hereby authorized to make, or cause to be made on behalf of the City of Virginia Beach, to the extent funds are available, a reasonable offer for the purchase of to the owners or persons having an interest in the If such offer is refused, the City Attorney is hereby institute and prosecute proceedings to condemn the that the Property Properties. authorized to Property; 2 ~? FOURTh, 59 That upon acquisition of the Property, the City shall resell 60 the Property for purposes of rehabilitation to a q~alified builder, 61 developer or other entity, with appropriate provisions in any such 62 contract of sale to ensure that the property will be timely 63 rehabilitated or reconstructed and thereafter sold to a qualified 64 65 owner-occupant; FIFTH 66 That $130,000 is hereby appropriated to Capital I~rovement 67 Project #3-336 (Spot Blight Abatement), and estimated revenue from 68 Sale of Property-Spot Blight is hereby increased by $130,000. 69 7O 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 92 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. CA-9208 GreenSpringsordin · doc R-3 April 1, 2004 Approved As To Content: Ho6~_ng And Neighborhood Preservation Approved As To Content: Management S~rvic~s J Approved As To Legal Sufficiency: City Attorney s Office 3 CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An ordinance to authorize the acquisition of an approximately 27.5 acre parcel from Durra Group, LLC to preserve right-of-way for the Southeastern parkway, and appropriate $700,000 from Fund Balance in the General Fund to Capital Project #2-089, Southeastern Parkway & Greenbelt (Partial) for this purchase. MEETING DATE: April 13, 2004 · Background: On September 23, 2003, staff briefed Council about the rezoning request and development plan submitted to the Planning Department by the Darva Group for this + 27.5 acre site located on the north side of Princess Anne Road east of the Virginia Beach Sportsplex and west of the Tournament Players Club golf course (GPIN 1494-28-0615 Deed Book 2922, page 863 and Map Book 32, page 64). The development proposal called for rezoning the property from AG-I/AG-2 to PDH-2, R-7.5, and developing an 86 lot subdivision. But for the conflict with the roadway plans, it is the opinion of staff that the rezoning would most likely be approved. After feedback from City staff of the impact of the Southeastern parkway/Greenbelt and Princess Anne Road roadway projects on this proposed subdivision project, the developer withdrew/deferred his rezoning application, and requested that the City purchase the property. Through city staff negotiations with the property owner, an agreement has been reached for the purchase of right-of-way for the Southeastern Parkway for $2,100,000 plus not more than $10,000 for survey and title costs incurred. The purchase price is supported by recent sales in the vicinity and an appraisal conducted on behalf of the City. · Considerations: Approximately $1,500,000 is currently available in CIP #2-089, Southeastern Parkway & Greenbelt (Partial). It is recommended that an additional $700,000 be appropriated from fund balance in the General Fund to provide sufficient fimding for the purchase price and related costs. · Public Information: Advertisement of Council Agenda. · Alternatives: At this stage of the roadway project, it is not advisable or possible to adjust the alignment of the Southeastern Parkway to accommodate this development. In February 1996, the Commonwealth Transportation Board adopted the preferred alignment and authorized the environmental study and permitting phases. In November 2002, development of the draft Environmental Impact Statement (EIS) began. In the current Virginia Transportation Six-Year Program, funding is included for EIS development and fight-of-way acquisition only. Not acquiring the parcel and allowing it to be developed as proposed into an 86-1ot subdivision would increase the purchase price if the City delayed purchase to a later date. Page 1 ot52 · Recommendations: Staff recommends advanced acquisition to preserve alignment of the Southeastern Parkway. · Attachments: Plat of property to be acquired, Summary of Terms, and ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:~ }/--- .~r~ Page 2 of 2 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY LOCATED ON PRINCESS ANNE ROAD FOR RIGHT-OF-WAY FOR THE SOUTHEASTERN PARKWAY FROM THE DARVA GROUP, LLC, AND TO APPROPRIATE $700,000 FROM THE FUND BALANCE IN THE GENERAL FUND TO CAPITAL PROJECT #2-089 SOUTHEASTERN PARKWAY & GREENBELT (PARTIAL)FOR SUCH PURPOSE 1 2 3 5 6 7 8 9 :1. 0 WHEREAS, on behalf of the City, the City Manager and City staff have engaged in 11 negotiations with representatives of the Darva Group, LLC, for the purchase of property owned by 12 Pioneer Realty and Investment Corporation, located the north side of Princess Anne Road east of the 13 Virginia Beach Sportsplex and west of the Tournament Players Club golf course, for which Darva 14 Group, LLC is the contract-purchaser; and 15 WHEREAS, the property falls within the alignment of the Southeastern Parkway; and 16 WHEREAS, an additional $700,000 must be appropriated to Capital Improvement Project 17 #2-089, Southeastern Parkway & Greenbelt (Partial), to fund this purchase. 1 @ NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA: 2 0 1. That the City Council authorizes the acquisition, by purchase, of the property, 21 described and depicted on Exhibit A attached hereto. 2 2 2. That such acquisition of the property by the City shall be subject to the acquisition of 23 the property by the Darva Group, LLC, in accordance with its purchase contract with Pi°neer Realty 2 4 and Investment Corporation. 2 5 3. That the City Manager or his designee is authorized to execute on behalf of the City 2 6 o f Virginia Beach, an Agreement of Sale for the purchase of the property, for the sum of$2,100,000 27 plus not more than $10,000 for title and survey costs incurred, in accordance with the terms 2 8 contained in the Summary of Terms attached hereto as Exhibit B and in a form acceptable to the 2 9 City Attorney. 3 0 4. That $700,000 is hereby appropriated from fund balance in the General Fund to 31 Capital Improvement Project #2-089, Southeastern Parkway & Greenbelt (Partial), to provide 3 2 addition funding required for this purchase. 3 3 An affirmative vote of a majority of the members of City Council is required. 34 3 5 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 3 6 ,2004. - CA-9207 p~DatakATY~FormskDeeds\WORKING\SoutheastemPkwy_GreenbeltLRP5366 DarvakDARVAORD.DOC April I, 2004 Approved as to Content: Management Services ! APPROVED AS TO LEGAL SUFFICIENCY: City A~ce Approved as to Content: ~blic Works ' Exhibit A Property Plat Exhibit B DARVA GROUP - SOUTHEASTERN EXPRESSWAY ACQUISITION SUMMARY OF TERMS FEE SIMPLE OWNER: CONTRACT PURCHASER: PROPERTY: PURCHASE PRICE: CONTINGENCY TO PURCHASE: SETTLEMENT: ATTACHMENTS: Pioneer Realty and Investment Company. Durra Group is the Contract Purchaser of the property. Darva will exercise its right to purchase the property fi'om Pioneer Realty and Investment Company, then sell the property to the City. 4-27.5 Acres fronting on Princess Anne Road $2,100,000 plus survey and title costs incurred, not to exceed $10,000 ($76,363.63 per acre) Darva Group must successfully purchase the property fi'om Pioneer Realty Investment Company. Within 30 days of execution of the Agreement of Sale by the City Manager, so long as contingency conditions are met. Agreement of Sale CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Pleasure House Lake Properties Acquisition Ordinance MEETING DATE: April 13, 2004 · Background: The Pleasure House Lake site includes six existing undeveloped parcels, totaling 4.6 +/- acres. Approximately 2 acres are upland and 2.6 acres are water. The property proposed to be acquired is bounded on the north by Lauderdale Avenue, on the west by Beaufort Avenue, on the south by Lookout Road and on the east by Northampton Boulevard/Chesapeake Bay Bridge Tunnel. The property to be affected includes the portion of the body of water generally known as "Pleasure House Lake" that lies to the west of Northampton Boulevard/Chesapeake Bay Bridge Tunnel. The lake has long been used to drain public water, and this area has a history of drainage issues. Public Works has made recent infrastructure improvements to provide drainage relief, and this acquisition will complement those improvements. Construction plans are currently under review for six duplex residential lots and two single-family residential lots. The Chesapeake Beach Civic League submitted a petition of signatures at a City Council public hearing to have the City acquire the site for a City neighborhood park. · Recommended Funding Sources: The recommended funding sources for the acquisition are CIP 4.004 Open Space Program Site Acquisition and CIP 7.183 Stormwater Quality Enhancements. · Public Information: Subdivision plans for the proposed development were processed through the administrative procedures of the Department of Planning, Development Services Center. The files for these subdivision plans are accessible for public review. The Chesapeake Beach Civic League made presentations to Open Space Subcommittee, Parks and Recreation Commission throughout 2003 and to City Council in November 2003 in support of the City acquiring the site for a neighborhood park. To date the Open Space Subcommittee has not supported acquiring this site for a park. · Alternatives: Approve ordinance and proceed with efforts to acquire the property by agreement or condemnation or deny condemnation ordinance and allow site to be developed. · Recommendations: Approve the condemnation ordinance for the site to be acquired for drainage facilities and for a City neighborhood park. · Attachments: Pleasure House Lake Properties Site Map Recommended Action: Approval Submitting DepartmentJAgency: City Manager: 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE AT PLEASURE HOUSE LAKE FOR PUBLIC PARK AND RECREATION PURPOSES AND PUBLIC DRAINAGE PURPOSES, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the establishment of a public drainage facility and a public park for recreational and drainage purposes within the City and for other related public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et se_.~q., Section 15.2-2109, Sections 15.2-1800 et S~l. and Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee simple, described as follows: Six (6) parcels of land totaling approximately 4.6 acres bordered on the . north by Lauderdale Avenue, on the west by Beaufort Avenue, on the south by Lookout Road and on the east by Northampton Boulevard/Chesapeake Bay Bridge Tunnel. The property to be affected includes the portion of the body of water generally known as "Pleasure House Lake" that lies to the west of Northampton Boulevard/Chesapeake Bay Bridge Tunnel. The six (6) properties to be affected have been assigned the following GPINs on the City's tax maps: 1570- 52-0493; 1570-52-2456; 1570-52-2359; 1570-52-3355; 1570-52-4342; and 1570-52-9046 (part west of Northampton Boulevard/Chesapeake Bay Bridge Tunnel right-of-way only) (collectively, the "Property"). 28 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 28 Section 2. That the City Manager, having made a reasonable offer on behalf of the City 29 to the owners or persons having an interest in said Property, which was refused, the City 30 Attorney is hereby authorized to institute proceedings to condemn the Property, and the City 31 Manager is hereby author/zed to continue to negotiate with the owners or persons having an 32 interest in said Property in order to acquire the Property by agreement, to the extent that funds 33 are available. Adopted by the Council of the City of Virginia Beach, Virginia, on the __ day of ,2004. CA9184 PREPARED: April 8, 2004 APPROVED AS TO CONTENT SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY A_ND FORM CITY ATTORNEY F 9Data~ATY~Forms\COND\WORKING\pleasure house lake ~Ordinanee.doc PLEASURE HOUSE LAKE PROPERTIES SITE MAP DESCRIPTION: The subject site includes six existing parcels totaling approximately 4.6 acres. Approximately two (2) acres are upland and 2.6 acres are water. The site is bound by Lauderdale Avenue to the north; by Lookout Road to the south; by Northampton Blvd./Chesapeake Bay Bridge Tunnel to the east; and by Beaufort Avenue to the west. A bold, black line outlines the site on the map provided below. A summary of each of six parcels acreage, g-pin identification number and road frontage is provided on the following chart: Parcel G-Pin # Acreage Parcel Road Frontage 1570-52-0493 .87 Beaufort Avenue 1570-52-2456 .42 Lauderdale Avenue 1570-52-2359 .11 Lauderdale Avenue 1570-52-3355 .41 Lauderdale Avenue 1570-52-4342 .13 Lauderdale Avenue Part of 1570-52-9046 2.66 Lookout Road ~:. ~=~..~.~.-~- .. ~ ~.~.-.- ~ Total 4-6 acres ~~~. ~.~.=~.: ITEM: CITY OF VIRGINIA BEACH AGENDA ITEM An Amendment to City Code Section 21-321.2 Pertaining to Maximum Speed Limits in Designated Neighborhoods MEETING DATE: April 13, 2004 · Background: On February 13, 2001, an ordinance was passed to deter speeding on residential streets identified and qualified by the Traffic Calming Program. That ordinance allows a court to impose a fine up to $200 upon a driver convicted of speeding on these designated streets. · Considerations: The Traffic Calming Program has four phases. Phase I consists of awareness and education, and generally takes place during discussions between Traffic Engineering and the neighborhood representative. In this phase, the neighborhood residents identify the streets they want evaluated for inclusion in the program. Phase II involves speed studies of the identified streets. If the studies show an 85-Percentile speed of at least 33 mph or, an average speed of at least 29 mph in a posted 25 mph speed zone, then the Police Department will conduct a series of selective enforcement initiatives, followed by traffic studies at the end of each enforcement cycle. Should speeding persist or increase, the streets will be eligible to enter Phase III of the program if at least 75% of the neighborhood residents in the identified area sign a petition requesting the implementation of Phase II1. Phase III of the program involves posting the designated streets with signs warning drivers that speeding on this street could result in a fine up to $200. Finally, should Phase III fail to alleviate the speeding problem, the neighborhood may request implementation of Phase IV, which is the installation of physical devices to prevent speeding. After advising these neighborhoods of the program policies and the criteria for inclusion in the Program, the streets added by this amendment have qualified for Phase III of the Traffic Calming Program. Croatan and Birdneck Point have submitted a petition showing at least 75% agreement from the established petition area. · Public Information: This ordinance will be advertised in the same manner other Council agenda items are advertised. · Recommendations: Adoption · Attachments: Ordinance and Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering City Manager-~rY~ ~-- ,~t. H:~Policy and Adminis~tion\G G\Ordinances & Resolutions Prepared for Counci1~2t-321.2.arf. rev.doc 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 AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE PERTAINING TO MAXIMUM SPEED LIMITS IN DES IGNATED NEIGHBORHOODS SECTION AMENDED: § 21-321.2 That the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 21-321.2. Traffic Calming via Maximum speed limits in certain residential districts; penalty. Pursuant to section 46.2-878.2 of the Code of Virginia, any person who operates a motor vehicle in excess of the maximum speed limit established for any portion of the following highways located within the designated neighborhoods, on or after the effective date, shall be guilty of a traffic infraction punishable by a non- prepayable fine of not more than $200, in addition to other penalties provided by law: Effective as of February 12, 2001: 1. L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 2. Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton Road; Old Kempsville Road. 3. Lake Shores: Jack Frost Road; Lake Shores Road. 4. Little Neck: Harris Road. Effective as of August 14, 2001. Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; Smith Farm 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Road. Brighton on the Bay: Templeton Lane; Wivenhoe Way; Start Way. Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; Rampart Avenue; Bayvi].le Road; Lookout Road; Sandy Bay Drive. Country Haven: Stewart Drive. Effective as of April 9, 1. 2. 2002: Fairfield: Lord Dunmore Drive. Bellamy Manor: Homestead Drive. Effective as of May 28, 2002: 1. Church Point: Church Point Road; Timber Ridge Drive. Effective as of October 8, 2002: 1. Stratford Chase: Stratford violet Bank; Kittery Drive. 2. Bayville Park: Greenwell Road First Court Road). Effective as of November 12, 2002: 1. Milburn Manor: Davis Street 2. Lake James: Lake James Drive 3. Larkspur: Edwin Drive from Independence Blvd. Effective as of April 6, 2004: 1. Croatan: Croatan Road 2. Birdneck Point: Cardinal Road church Point Place; Chase Drive; Minden Road; (From Shore Drive to Princess Anne Road to 55 56 57 58 59 60 COMMENT: The streets indicated under the heading "Effective as of April 6, 2004", will become part of the Traffic Calming Program. Drivers caught speeding on Croatan Road and on Cardinal Road can be fined up to $200.00. Adopted by the Council of the City of Virginia Beach, Virginia, on the __day of , 2004. CA-9145 21-321.2.ord.wpd R2 March 18, 2004 APPROVED AS TO CON~ ~NTS: . ic Works ~ ' Police Department APPROVED AS TO LEGAL SUFFICIENCY: City A~orne~' s O"f~ice LAKE SHORES NEIGHBORHOODS PARTICIPATING IN PHASE III OF THE TRAFFIC CALMING PROGRAM, ORDINANCE 2619 BAYLAKE PINES/ BAYLAKE BF. ACH C/..t£s,4p[;,t LITn. E NECK /~ NAiadS RD, N Cl?Y OF VIRGINIA BEACH FEBRUARY 2003 PREPARED BY PUBHC WORKS ENGINEERING CADD BUREAU L & I GARDENS ~l~ CROATAN MANOR LAKE }AMES STRATFORD COUNTRY HAVEN ACREDALE NEW NEIGHBORHOODS PROPOSED WITH THIS AGENDA traffic calming. DGN M.I.S. PREPARED BY p/W ENG. CADD DEPT. Rev. ?d23~4 CITY OF VIRGINIA BEACH AGENDA ITEM · ITEM: Ordinances (2) Establishing Criminal Penalties re Pilot Program Open Air Cafes MEETING DATE: April 13, 2004 · Background: On March 23, 2004, the City Council adopted a Resolution authorizing, as a Pilot Program, short-term franchises for two open air cafbs to be located on Atlantic Avenue between 20th and 23r° Streets. The Resolution requires the franchises to contain certain provisions which, if violated, constitute misdemeanors. Those violations include: (1) the failure or refusal to comply with a public safety official's order to close a cafb early for reasons related to the preservation of public safety or public order; (2) the failure or refusal to remove all encroachments from City property within 24 hours of the suspension or revocation of a franchise; and (3) the failure or refusal to comply with an order of the City Manager revoking or suspending a franchise. · Considerations: These two Ordinances implement the City Council's direction as embodied in the March 23r° Resolution and, in addition, make the failure to remove all encroachments into City property within 24 hours of the expiration (i.e., end of the term) of a franchise punishable in the same manner as (2) and (3) in the preceding section. · Public Information: No special form of advertisement or other form of public notice is required. · Alternatives: The adoption of these Ordinances is required in order to effectuate the City Council's direction, as embodied in the March 23rd Resolution. · Recommendations: Adoption of Ordinances · Attachments: Proposed Ordinances (2) Recommended Action: Adoption Submitting Department/Agency: City Attorney's Office, by direction of the City Council H:\Operations InfxasUmcture and DevelopmentkLAND USE DIVISION - Team Z\Ordinances & Resolutions Prepared for Council\Open Air Cafes\franch/se violationARF.doc 8 1 2 3 5 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE ESTABLISHING CRIMINAL PENALTIES FOR FAILURE TO REMOVE CERTAIN ENCROACHMENTS INTO CITY PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Any owner or operator of an open air caf~ located on the portion of Atlantic Avenue between 20~h and 23rd Streets pursuant to Resolution #3052, adopted by the City Council on March 23, 2004 and entitled UA Resolution Establishing A Pilot Program To Allow, on an Experimental Basis, Open Air Cafes on Atlantic Avenue Between 20~h And 23rd Streets" who willfully fails or refuses to remove all tables, chairs and other items located on City property within twenty-four (24) hours of the revocation, suspension or expiration of the franchise authorizing such open air cafe, or who willfully fails or refuses to comply with any lawful order of the City Manager franchise, shall be guilty of confinement in jail for not more fine of not more than One Thousand Dollars, or both, and each day's failure or refusal separate offense. revoking or suspending such a misdemeanor punishable by than thirty (30) days and a ($1,000.00), either shall constitute a COMMENT On March 23, 2004, the City Council adopted a Resolution authorizing, on an experimental basis, short-term franchises for two open air caf6s to be located on Atiantic Avenue between 204 2 9 and 23rd Streets. The Resolution requires the franchises to contain certain provisions which, if 30 violated, constitute misdemeanors. Those violations include: 31 32 (1) the failure or refusal to comply with a public safety official's order to close a caf6 early 33 for reasons related to the preservation of public safety or public order; 35 (2) the failure or refusal to remove all encroachments from City property within 24 hours of 36 the suspension or revocation of a franchise; and 38 (3) the failure or refusal to comply with an order of the City Manager revoking or 39 suspending a franchise. 40 43. This Ordinance implements the City Council's direction as embodied in the March 23r~ 42 Resolution as to (2) and (3) above and, in addition, makes the failure to remove ali encroachments 43 into City property within 24 hours of the expiration (i.e., end of the term) of a franchise a 44 misdemeanor as well. A separate ordinance implements the direction as to (1). 45 46 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. CA-9216 OID~ordres~ franchiseviolationordin#2 · doc R-2 April 6, 2004 APPROVED~AS TO LEGAL SUFFICIENCY: City Attorney's Office 1 2 3 4 5 6 7 8 AN ORDIN2~NCE ESTABLISHING CRIMINAL PENALTIES FOR FAILURE TO COMPLY WITH CERTAIN ORDERS OF A PUBLIC SAFETY OFFICIAL REGARDING CLOSING AN OPEN AIR CAF~ BE IT ORDAINED BY THE COUNCIL OF THE CITY BEACH, VIRGINIA: OF VIRGINIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Any owner, operator or employee of an open air caf~ located on the portion of Atlantic Avenue between 20tn and 23rd Streets pursuant to Resolution #3052, adopted by the City Council on March 23, 2004 and entitled "A Resolution Establishing A Pilot Program To Allow, on an Experimental Basis, Open Air Cafes on Atlantic Avenue Between 20th And 23rd Streets" who willfully fails or refuses to comply with a lawful order of a public safety official of the City of Virginia Beach to close such open air caf~ immediately or at such later time as may be directed by such public safety official, for reasons of crowd control, unruly behavior either within the establishment or in nearby areas or for other reasons related to preservation of public safety or public order, shall be guilty of a misdemeanor punishable by confinement in jail for not more than thirty (30) days and a fine of not more than One Thousand Dollars, ($1,000.00), either or both. 26 2 7 COMMEN,T. 28 · 29 On March 23, 2004, the City Council adopted a Resolution authorizing, on an experimental 30 basis, short-term franchises for two open air cafes to be located on Atlantic Avenue between 20'u 31 and Z3~ Streets. The Resolution requires the franchises to contain certain provisions which, if 32 violated, constitute misdemeanors. Those violations include: 33 34 (1) the failure or refusal to comply with a public safety official's order to close a caf~ early 35 for reasons related to the preservation of public safety or public order; 36 37 (2) the failure or refusal to remove all encroachments from City property within 24 hours of 38 the suspension or revocation of a franchise; and 39 40 (3) the failure or refusal to comply with an order of the City Manager revoking or 41 suspending a franchise. 42 43 This Ordinance implements the City Council's direction as embodied in the March 23'a 44 Resolution as to (1) above. A separate ordinance implements the direction as to (2) and (3) and, in 45 addition, makes the failure to remove all encroachments into City property within 24 hours of the 46 expiration (i.e., end of the term) of a franchise a misdemeanor as well. 47 48 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. CA-9215 OiD\ordres\ franchiseviolationordin#l · doc R-2 April 6, 2004 APPROVED AS TO LEGAL SUFFIC.~NCY: City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving Amendments to the Economic Development Investment Program Policy and Procedure and Authorizing the Mayor to Execute Same on Behalf of the City MEETING DATE: April 13, 2004 · Background: On February 10, 2003, the City Council referred to the Development Authority (the "Authority") for its consideration and recommendation, proposed amendments to the Economic Development Investment Program Policy and Procedure (the "EDIP Policy"). The Authority reviewed the proposed amendments to the EDIP Policy and recommended several minor changes thereto. On March 18, 2004, the Authority approved the amended EDIP Policy subject to the approval of City Council. · Consideration: The Amended EDIP Policy: · Provides an increase in EDIP funds under the job creation/retention criteria for businesses that pay an average annual salary of $70,000 (excluding benefits); · Codifies the Authority's goal of providing EDIP funds to businesses paying an average annual salary of $35,000 (excluding benefits), but allows the Authority to deviate from the goal under exceptional circumstances and for good cause shown; · Establishes Part B, which recognizes the need for development or redevelopment of areas of the City which are currently brownfields, greyfields or vacant, abandoned or underdeveloped and which if developed in conformity with the City's Comprehensive Plan and the City's Economic Development Strategy, should stimulate industry and economic development within the City. · Provides EDIP funds under Part B, to qualifying developers and property owners for development or redevelopment of properties in "Strategic Growth Areas" or "Economic as" Redevelopment Are ; · Establishes investment criteria to be met by the developer or property owner, findings to be made by the Director of Economic Development and the Authority prior to awarding EDIP funds under Part B, and in the case of an EDIP award for a brownfield property, requires the Authority to attach a condition that prior to receiving EDIP funds, the recipient shall provide to the Authority evidence of all permits or approvals as required by state, federal, and local regulatory agencies and compliance therewith; · Allows the Authority to purchase and/or improve property in a Strategic Growth Area or an Economic Redevelopment Area, dispose of such property in accordance with state law and subsequently sell the property to a private third party. · Limits EDIP fund awards under Part B to no more than 50% of its appropriation for EDIP in any fiscal year. · Public Information: Notice of this Ordinance will be handled through the normal agenda process. · Recommendations: The Authority recommends that Council adopt the Ordinance. · Attachments: Ordinance, Amended EDIP Policy, Resolution of the Authority. Recommended Action: Approval Submitting Agency: Economic Development City Manager: (~ ~/.. ~-~ (~z. ORDINANCE NO. AN ORDINANCE APPROVING AMENDMENTS TO THE ECONOMIC DEVELOPMENT INVESTMENT PROGRAM POLICY AND PROCEDURE AND AUTHORIZING THE MAYOR TO EXECUTE SAME ON BEHALF OF THE CITY WHEREAS, by ordinance adopted on January 25, 1994, the City Council of the City of Virginia Beach (the "City Council") approved the Economic Development investment Program Policy and Procedure (the "EDIP Policy") to ensure that the expenditure of Economic Development Investment Program ("EDIP") funds is made in the public interest and is in furtherance of the purposes for which the EDIP was established; WHEREAS, the City of Virginia Beach Development Authority (the "Authority") subsequently approved the EDIP Policy, and the Policy was executed by the Mayor and the Chair of the Authority; WHEREAS, City staff has recommended certain changes to the EDIP Policy; WHEREAS, on February 10, 2004, City Council referred to the Authority for its consideration and recommendation, the proposed amendments to the EDIP Policy; WHEREAS, on Mamh 18, 2004, the Authority reviewed the proposed amendments to the EDIP Policy and after including therein several minor additional changes, approved the amended Policy, subject to the approval of City Council; and WHEREAS, City Council is of the opinion that the amended EDIP Policy is consistent with the purposes for which the EDIP was establish and will further the economic development goals and objectives of the City. 3. 27 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 1. That the amendments to the EDIP Policy are hereby approved in the form as 30 attached hereto; and 3~ 2. That the Mayor is hereby authorized to execute the amended EDIP Policy on 32 behalf of the City. 33 34 35 of 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Adopted by the City Council of the City of Virginia Beach, Virginia, on the. ,2004. day CA- 9196 F:\Users\VValldej\WP~BZA~EDIPPOL.ord.wpd March 19, 2004 R-1 Approved as to Legal Sufficiency: City Attomey's O~e Approved as to Content: Dept. of Economic Development 2 ECONOMIC DEVELOPMENT INVESTMENTPROGRAM POLICY AND PROCEDURE WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"); WHEREAS, one of the primary purposes of the Act is to enable development authorities "to promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the Commonwealth...."; WHEREAS, pursuant to § 6 of the Act, the Authority has the power, inter alia, "to sell, exchange, donate and convey any or all of its facilities or other properties whether realty or personalty whenever the Authority shall find any such action to be in furtherance of the purposes for which the Authority was organized"; WHEREAS, pursuant to § 7 of the Act, "the Authority may foster and stimulate the development of industry in the area within its jurisdiction... [and] may accept, and expend for the purposes stated above, money from any public or private source...."; WHEREAS, pursuant to § 10 of the Act, the City of Virginia Beach (the "City") "is authorized and empowered to make appropriations and to provide funds for the operation of the Authority and to further its purposes"; WHEREAS, the economic development goals and objectives of the City include achieving a higher ratio of nonresidential to residential real estate assessments, investing in land and infrastructure to benefit future economic growth, and maximizing the return of economic development efforts through the development and implementation of programs and strategies that facilitate new business investment and encourage retention and expansion activities thereby improving the overall quality of life in the City; WHEREAS, the City has established the Economic Development Investment " ..... '-- '~'~ 1993-94,T~/199g-99 Ca- ital h.p,-ovei-~icnt l',,,g~-an-, as part of Program ( EDIP ) ~. ~,,~ · · t' its overall effort to enhance the City's ability to accomplish these goals and objectives; WHEREAS, pursuant to the authority and empowerment set forth in § 10 of the Act, City Council has determined that it would be in the best interests of the Cit~y'x'o ..... ~ ................. ,~,-- ............... ' ..... ~ pro ide future EDIP appropriations to the Authority to enable the Authority to more effectively continue its efforts to foster and stimulate economic development by i.O.l inducing businesses to locate or remain in the City; and (ii) providing incentives to qualifying developers and property_ owners for the development or redevelopment of under improved or underdeveloped properties, or brownfields, grey fields, or abandoned or blighted properties in areas of the City which have been designated as "Strategic Growth Areas" or "Economic Redevelopment Areas", including infill development within such areas; and WHEREAS, the City and the Authority have agreed that the provision of funds in the EDIP account to the Authority for economic development purposes, and the subsequent provision of such funds by the Authority to qualifying txt~inesses recipients, should be subject to policies and procedures which will ensure that the expenditure of such funds is in the public interest and is in furtherance of the purposes for which the EDIP was established; NOW, THEREFORE, the City of Virginia Beach and the City of Virginia Beach Development Authority hereby adopt the following Economic Development Investment Program Policy and Procedures (the "Policy"): PART A: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING BUSINESSES. 1. PURPOSE AND INTENT. The animating purpose of Part A of the Economic Development Investment Program shall be to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate economic development in the City by inducing new businesses to locate in the City, and existing businesses to remain in th City p dth ' p ' A ...... ~ ..... f .... ~ ...... ~__.,~_, , .... ,_ 2 INVESTMENT CRITERIA ............... ~" ....... ~ ..... ' · ~,.,~,.Ly ,~L ,~ ~,.~u,o~,y-~,.,,~,~,,~,~ ~,, ~F~,-,-, .,,.,.u,,~ ~,~ .,~ ,~,~,,,,.~y. Except as otherwise provided in paragraph 3-4 of this Part A, t,d6~ ~,~ ....... such ....... ~ .... th~ funds may be awarded pursuant to Part A of this Policy where the Director of Economic Development (the "Director") has determined, and has advised the Authority that one or more of the following criteria have been met: ir. a. The net amount of direct tax revenues returned to the City by a business to which EDIP funds are provided will exceed the amount of EDIP funds so provided no later than thirty (30) months from the date on which the business commences operations at a new or renovated facility; ii. b. For every one dollar ($1.00) in EDIP funds provided, the business to which such funds are provided will spend twenty-five dollars ($25.00) or more in new capital investment~ including buildings, furnishings, and/or equipment; and/or iii. c. Every one thousand dollars ($1,000.00) in EDIP funds provided will yield at least one (1) new "full-time equivalent" employment opportunity in the business to which such funds are provided. However, for businesses paying an average annual salary of $70,000 (exclndin~ benefits) the criteria shall be up to two thousand dollars ($2,000.) in EDIP funds provided will yield at least one (1) new "full- time equivalent" employment opportunity in the business to which such funds are provided. These criteria shall be reviewed by the Director of -'--,,~ D,~},,~hli,~li[ of .......~,.,~,,,~.,~'- Dcvclapi.cn~ ~d ~e Dkector of ~e Dep~ment of M~agement Se~ices ~ ~xu ~pp~uv a~ ut us~ ~xc7 a.u us~ ~uu,u.,y. Th Dkector shall reco~end ~y appro ate revisions to ~e City Council ~d the Au~ofity for fu~er consideration ~d action. In addition to the foregoing criteria, it is the goal of the Authori _ty to approve EDIP funds to businesses that pay and average annual salary of $35,000 (excluding benefits). However, the Authority reserves the right to deviate from this goal in exceptional cases and for good cause shown. 3~. APPLICATION FOR EDIP AWARD. A buginess who desires EDIP funds to locate, relocate or expand its business in the City of Virginia Beach may make application for that purpose through the Department of Economic Development. The applicant shall submit such information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may, if the Director finds that the application meets the requirement of this Part A, recommend to the Authority that it award EDIP funds to the business. 94. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director of Ec,~n,~a-,;c Dcvcl,~pnicnt, acting on behalf of the Authority, determines the need to provide EDIP funds to a specific business, but the criteria set forth in paragraph 2 of this Part A have not been met, the Authority shall obtain specific approval from City Council prior to its approval of the provision of EDIP funds for such purpose. 45. AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director of Econoc,,;c D¢-,-clopn~cnt, the Authority shall either approve or disapprove of the proposed provision of EDIP funds to the business:. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the application satisfies Part A of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City. Provided provldcd, however, that prior to approval, the Authority must make the following findings: a. That the animating purpose of the proposed provision of EDIP funds to the business is to serve the public purpose of fostering and stimulating .economic development in the City of Virginia Beach, and that the expenditure of such funds will only incidentally enure to the benefit of private interests, if at all; and b. That the proposed provision of EDIP funds to the business is in furtherance of the purposes for which the Authority was created-r; c. That without the stimulus of the EDIP award, it is unlikely that the business would locate or remain in the City; and d. That as of the date of approval of the EDIP award, the business had not yet commenced construction of the proposed improvements. 56_. APPROVAL OF AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds to a specific business pursuant to this Part A shall be in the form of a resolution which shall include the following information: a. The name, location, and nature of the business to which the funds will be provided; b. The amount of funds that will be provided; c. The purpose or purposes for which the funds will be provided; 4 d. A statement that the criteria set forth in paragraph 2 of this Part A o~ ,,,~ · ,,-,.~ ,~,,, · ~,,,~,~,~,-,~ have been met; or, in the alternative, that City Council has specifically approved provision of EDIP funds for such purpose pursuant to paragraph 94 of this Part A; and e. A statement that the findings set forth in paragraph 4~_ of this aanaH:Yoeex~'e Part A have been made by the Authority. PART B: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR Tl~c DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN STRATEGIC GROWTH AREAS OR ECONOMIC REDEVELOPMENT AREAS. 1. PURPOSE AND INTENT. It is recoEnized that within the City there are areas that are currently brownfields, greyfields or vacant, abandoned, under improved or underdeveloped with improvements or land uses which are not economically viable but, if developed, should stimulate industry_ and economic development within the City. Moreover, such properties and areas, if developed or redeveloped, may reasonably be expected to (i) generate additional tax revenue as a result of capital investment; (ii) create additional job opportunities; (iii) influence similar redevelopment and additional investment in nearby properties;(iv) further the goals of the Comprehensive Plan and be consistent with the City's Economic Development Strategy and good zoning principles; and (v) lead to the establishment of safe and convenient neighborhoods and workplaces. Accordingly, it is the animating purpose of the Economic Development Investment Program under Part B of this Policy to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate economic development in the City by providing incentives for the development or redevelopment of properties described herein. 2. ECONOMIC REDEVELOPMENT AREAS AND STRATEGIC GROWTH AREAS. The Directors of the Departments of Economic Development and Planning shall identify areas of the City (i) that are currently brownfields, greyfields, or vacant, abandoned, under improved or underdeveloped; and (ii) which should be considered for redevelopment or special development opportunities, but may lie outside of the Strategic Growth Areas as set forth in the City's Comprehensive Plan. Such areas shall be known as "Economic Redevelopment Areas". Once identified, an Economic Redevelopment Area 5 must be submitted to the Ci_ty Council for designation as such by ordinance. To qualify for EDIP funds under Part B of this Policy, a developer or owner of property_ must demonstrate that the subject property_ is located within a Strategic Growth Area which has been designated as such in the Comprehensive Plan or has been designated an Economic Redevelopment Area as defined herein by ordinance of the City Council. For purposes of this Policy, the term "brownfields" means vacant, abandoned or under improved real property large enough to support significant expansion, redevelopment or reuse, but for which such expansion, redevelopment or reuse is complicated by the presence of a substantial amount of hazardous substances, pollutants, or contamination. The term "greyfields" means underperforming, declining or vacant real estate. 3. QUALIFYING LAND USES. EDIP funds under Part B of this Policy may be provided for office, industrial, retail, hotel and mixed use development (including high density and multi-family residential uses). 4. INVESTMENT CRITERIA. EDIP funds may be awarded pursuant to Part B of this Policy in such instances where the Director has determined, and has advised the Authority, that both of the following criteria have been met: a. The net amount of direct tax revenues returned to the City as a result of the development or redevelopment for which the EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; or where flexibility for tax abatement has been granted by the Ci _ty, the amount of direct tax revenues not abated as a result of the development or redevelopment for which EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award. b. For every one dollar ($1.00) in EDIP funds provided, the owner or developer of the development or redevelopment for which such funds are provided will spend twelve and 50/100 dollars ($12.50) or more in new capital investment, including buildings, furnishings, and/or equipment. The foregoing investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EDIP funds. No award of such funds may be made unless all other requirements of Part B of this Policy are satisfied and all findings stated in Part B of this Policy are made. 6 5. AVAILABILITY OF FUNDS. EDIP funds mag be authorized for use pursuant to Part B of this Policy only to the extent that they have been appropriated by thc City Council. Further, provided that in any given fiscal year, the Authori[y shall not award more than fifty percent (50 %) of its an~ro~riation for EDIP use for that year development or redevelopment purposes-~ursuant to Part B of this Policy without authorization of the City Council: 6. APPLICATION FOR EDIP AWARD. A qnalifyin[ developer or owner of land who desires EDIP funds for use in the development or redeveloument of property located in a Strategic Growth Area or an Economic Redevelopment Area may make application for that purpose through the Department of Economic Development. Thc applicant shall submit such information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may, if the Director finds that the development or redevelopment of the property described in the application satisfies all requirements of this Part B, recommend to the Authority that it award EDIP funds to the applicant. In determining whether to recommend that EDIP funds be awarded to an applicant, the Director shall find as follows: a. Whether the provision of EDIP funds is necessary to stimulate the development or-redevelopment of the property/area; and b. Whether the development or redevelopment satisfies the investment criteria set forth in paragraph 4 of this Part B. Additionally, the Director may consider the following: c. The amount of EDIP funds remainin[ and available for use pursuant to this Policy for the fiscal year. d. The economic return to the City ~enerated by the development or redevelopment in addition to the criteria set forth in paragraph 4 of this Part B. e. The expertise and experience of the developer or property owner in redeveloping brownfields, grevfields, abandoned, blighted, under improved and underdeveloped properties. f. The degree to which the redevelopment may influence development or redevelopment within the Strategic Growth Area or the Economic Redevelopment Area and adjacent or nearby properties. g. The extent to which the development or redevelopment may serve to implement a change in use which is consistent with and/or furthers the goals of the Comprehensive Plan and the City's Economic Development Strategy. h. The number and types of jobs which the development or redevelopment may expect to generate. i. The amount of the applicant's capital investment in the development or redevelopment of the property. j. The extent to which the plan of development or redevelopment incorporates mixed uses , provides open space and focuses on transportation and transit accessibility. 7. AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director, the Authority shall either approve or disapprove the award of EDIP funds to the applicant. The Authority may atta_ch conditions to the approval of the award of EDIP funds. In the case of a browns field property, the Authority shall attach the condition that prior to receiving EDIP funds, the recipient of EDIP funds shall provide to the Authority evidence of all permits or approvals as required by state, federal and local regulatory agencies and compliance therewith. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the applicant's proposed development or redevelopment satisfies Part B of this Policy and the Authority's objective of fostering and stimulating the development of indust~_ in the City. Provided, however, that prior to approval of the award of EDIP funds to an applicant, the Authority must make the following findings: a. That the animating purpose of the proposed provision of EDIP fundn to the applicant is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach, and that the expenditure of such funds will only incidentally enure to the benefit of private interests, if at all; b. That the proposed provision of EDIP funds to the applicant is in furtherance of the purposes for which the Authority was created; 8 c. That without the stimulus of the EDIP award, it is nnlikely that the property would be developed or redeveloped to the extent proposed, or atthe current time' d. That as of the date of approval of the EDIP award, the applicant had not yet commenced construction of the proposed development or e. That the ~ropertw has been designated (or is in an area which has been designated) as a Strategic Growth Area by the Comprehensive Plan or an Economic Redevelopment Area by ordinance of the City Council; f. That the proposed development is consistent with the City's Comprehensive Plan and the City's Economic Development Strategy; and g. That the scope and Clnality of the plan of development or redevelopment as l>roposed, will serve to influence redevelopment and additional capital investment in adjacent or nearby pror>erties. 8. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds [~ursnant to this Part B shall be in the form of a resolution which shall include the followino information: a. The name of the owner or developer of the property, and the location and a brief description of the development or redevelopment; b. The amount of funds that will be provided; c. The pu~ose or purposes for which the funds are to be provided; d. A statement that the criteria set forth in paragraph 4 of this Part B have been met' e. A statement that the findings set forth in paragraph 7 of this Part B have been made by the Authority; and f. Any conditions to the approval of the award of the EDIP funds by the Authority. 9. ALTERNATIVE USES OF PART B FUNDS BY THF AUTHORITY TO PURCHASE AND IMPROVE PROPERTY IN A STRATEGIC GROWTH AREA. The Authority may use EDIP Funds to purchase and improve property within a Strategic Growth Area or an Economic Redevelopment Area. Prior to the approval of the use of EDIP funds for such acquisition, the Authority must find that: a. The property is located within a Strategic Growth Area or an Economic Redevelopment Area; and b. The acquisition and/or improvement of the property by the Authority and its subsequent development or redevelopment will be in conformity with and/or furthers the goals of the City's Comprehensive Plan, the City's Economic Development Strateey and Part B of this Policy. Any property purchased by the Authority using EDIP funds pursuant to paragraph 9 of this Part B may also use EDIP funds for the following improvements to such property: (i) the installation of infrastructure; (ii) the demolition of existing structures; or (iii) the remediation or cleanup of adverse environmental conditions. The Authority may dispose of such property in accordance with state law and may subsequently sell such property to a private party for development or redevelopment. In the event of such sale, the Authority shall attach appropriate conditions to assure that the development or redevelopment is in conformity with and/or furthers the goals of the City's Comprehensive Plan, the City's Economic Development Strategy, and is in furtherance of the objectives of Part B of this Policy. The proceeds of any property purchased by the Authority and sold pursuant to paragraph 9 of this Part B shall be returned to the EDIP fund account. PART C: GENERAL PROVISIONS APPLICABLE TO BOTH PARTS A AND B. 7:.1~ SEPARATE ACCOUNT FOR EDIP FUNDS EDIP funds shall be maintained by the Authority in a separate account and shall not be commingled with other Authority funds. EDIP FUND EXPENDITURES. All expenditures of EDIP funds shall be in keeping with this Policy and may enure only incidentally to the benefit of private interests. In addition to the use of EDIP funds pursuant to Parts A and B of this Policy, EDIP funds may also be utilized to conduct appraisals, financial and market studies, and l0 architectural and en ineerin studies directl related to s ecific econormc develo ment initiatives and/or projects being conducted by the Authority on behalf of the City. 3. PAYMENT OF EDIP FUNDS. When EDIP funds are awarded pursuant to eith-~r Part A or Part B this Policy. they shall be paid to the authorized business or the owner or develo er at such time 'as ~be Director shall i obtain co les of invoices/recei ts from the business or owner or develo er showin the actual costs incurred for the u use or u uses for which the funds are to be rovided' ii determine that the development or redevelopment is in conformity with the plan of development presented to the Authority and with all conditions which may have been attached to the approval of th., award of the funds b the Authorit ' and iii where re uired b the Authofit the business or owner or developer shall execute and deliver to the Authority an EDIP Recapture Agreement in a form acceptable to counsel for the Authority. 4. SPECIFIC PURPOSES FOR THE USE OF EDIP FUNDS. When. EDIP funds are awarded to an applicant pursuant to this Policy, such funds shall be used fo.t_ the purposes set forth in § 2.2- 115( C )of the Code of Virginia. These purposes are as follows: Public and private ntility extension or capacity development on and off-site; road, rail, or other transportation access costu beyond the funding capability of existing pro~rams; trainin~ costs; site acquisition: ~rading. drainage, paving, and any oth~t activity required to prepare a site for construction; construction or build-out of publicly owned buildings; or anything else 8:.5~ REPORTING. The Authority shall provide City Council semi-annual reports, on or before June 30 and December 31 of each year, outlining, in detail, the manner in which the funds were provided. Such reports shall include, at a minimum, the information required by subsections a, b, and c of paragraph 5 of Part A, subsections a b and c of paragraph 8 of Part B, and information demonstrating compliance with the provisions of this Policy and Procedure. 96_. AMENDMENTS TO POLICY. The provisions of this Policy and l',occdarc shall not be amended without the prior consent and approval of the City Council and the Authority. t0.7. APPLICATION OF POLICY. This Policy ~ is specifically applicable to the expenditure of Ec,~n,,,¥,ic Dcv~Iot~,c~cn~ l,,vc~uc,¢,,~ l'~c,~,-~.v, EDIP funds. This Policy and ['£,.,¢cdiiiw is not intended to be, nor shall it be deemed to be, applicable to the use of public funds from any source other than the EDIP. 11.8. EFFECTIVE DATE OF POLICY. This Policy amt-Pmccflurc shall become effective immediately upon its approval by the City of Virginia Beach and the City of Virginia Beach Development Authority, which approval shall be evidenced by signature of the Mayor of the City of Virginia Beach and the Chairman of the City of Virginia Beach Development Authority acting by, and on behalf of, the City and the Authority, respectively. Mayor, City Of Virginia Beach Chairman, City of Virginia Beach Development Authority F:\U set s\VValIdei\WP~ZAhED1PRS.POL wpd DF-4471 12 RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, on January 25, 1994, the City Council of the City of Virginia Beach (the "City Council") and the City of Virginia Beach Development Authority (the"Authority") approved the Economic Development Investment Program Policy and Procedure (the "EDIP Policy") to ensure that the expenditure of Economic Development Investment Program ("EDIP") funds is made in the public interest and is in furtherance of the purposes for which the EDIP was established; WHEREAS, City staff has recommended certain changes to the EDIP Policy'; WHEREAS, Section 9 of the EDIP Policy provides that the EDIP Policy shall not be amended without the prior consent of the City Council and the Authority; WHEREAS, on February 10, 2004, the City Council referred the proposed amendments to the EDIP Policy to the Authority for its consideration and recommendation; and WHEREAS, the Authority has reviewed the proposed amendments to the EDIP Policy forwarded to it by the City Council, and has included herewith the Authority's revisions to the EDIP Policy which it has deemed appropriate. BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. The Authority approves the proposed amendments to the EDIP Policy subject to the final approval of the City Council of the City of Virginia Beach. A true copy of the EDIP Policy amendments is attached hereto. If the City Council of the City of Virginia Beach approves the EDIP Policy in substantially the same form as attached hereto, the Chair or Vice Chair is hereby authorized to sign the EDIP Policy. Dated this ~ day of March, 2004 S cc r~l tr~-7/A~sistant Secretary CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution concurring with the issuance by the Economic Development Authority of the City of Norfolk of Revenue Bonds in an amount not to exceed $350,000,000 (Sentara Healthcare) Series 2004 MEETING DATE: April 13, 2004 Background: The City of Virginia Beach has been asked to consider the request of Sentara Healthcare ("Sentara") for concurrence with the issuance by the Economic Development Authority of the City of Norfolk (the Norfolk Authority) of up to $350,000,000 in revenue bonds. The revenue bonds include: A. the issuance of health care facilities revenue bonds in an amount not exceeding $250,000,000 to assist Sentara in undertaking the acquisition, construction and equipping of certain medical facilities, among them a new patient beds tower at Sentara Virginia Beach General Hospital at 1060 First Colonial Road, Virginia Beach, Virginia, and B. the issuance of health care facilities revenue and refunding bonds in an aggregate principal amount not exceeding $100,000,000 to undertake certain capital expenditures at Sentara Norfolk General Hospital and Sentara Virginia Beach General Hospital. Considerations: The matter comes before Council for its approval pursuant to § 15.2-4905 of the Code of Virginia which requires the City Council to concur with the issuance of the bonds by the Economic Development Authority of the City of Norfolk. The City of Virginia Beach Development Authority adopted a multi-jurisdictional bond fee policy and anticipates revenue from the annual administrative fee in the amount of $30,000 for the first year. The total amount of revenue from the annual administrative fee that the City of Virginia Beach Development Authority will receive over the life of the bonds is estimated to be $450,000. Public Information: The request was duly advertised on March 4, 2004 and March 11, 2004 for public hearing before the City of Virginia Beach Development Authority, which has adopted a Resolution recommending that the City Council approve the issuance of the bonds. Alternatives: Not Approve, which would result in the bonds not being issued for the Virginia Beach facilities. · Recommendations: Approval · Attachments: IDP Submission to Council Location Map · Resolution for City of Virginia Beach Affidavit and Notice of Public Hearing Record of Public Hearing Development Authority's Resolution Disclosure Statement Authority's Statement Fiscal Impact Statement Summary Sheet Letter from Department of Economic Development dated March 18, 2004 Resolution of Economic Development Authority of Norfolk, VA APPROVAL Submitting DepartmentJAgency: Development Authority VIRGINIA BEACH Virginia Beach Development Authority 222 Central park Avenue, Suite 1000 Virginia Beach, VA 213462 (757) 437-6464 FAX (757) 499-9894 Website: www vbgov.com March 18, 2004 The Honorable Meyera E. Obemdorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: Sentara Healthcare Revenue Bonds Dear Mayor Obemdorf and Members of City Council: We submit the following in connection with project Sentara Healthcare, a Virginia corporation located at 600 Gresham Drive, Norfolk, Virginia; 6601 Moretown Road, Yorktown, Virginia; and 1060 First Colonial Road, Virginia Beach, Virginia. (1) Evidence of publication of the notice of hearing is attached as Exhibit B, and a summary of the statements made at the public hearing is attached as Exhibit C. The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council approval is attached as Exhibit D. (2) The Disclosure Statement is attached as Exhibit E. (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the bonds described above is attached as Exhibit F. (4) The Fiscal Impact Statement is attached as Exhibit G. (5) Attached as Exhibit H is a sunm~ sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit I is a letter from the appropriate City department commenting on the Project. (7) Attached as Exhibit J is an Inducement Resolution from the City of Norfolk. Very truly y~urs, Robe~. Jo es Chairman CWH/mlg Enclosures F:\Data~ATY~Forms\DEVAUTH~BOND~DA Council Ltr City & Other Funds frm PROJECT NAME PROJECT LOCATION: TYPE OF PROJECT: Sentara Healthcare Revenue and Refunding Bonds 1060 First Colonial Road Virginia Beach, VA Acute Care Hospital Facility 1 2 3 4 5 A RESOLUTION CONCURRING WITH THE ISSUANCE BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK OF HOSPITAL FACILITY REVENUE AND REFUNDING BONDS IN AN AMOUNT NOT TO EXCEED $350,000,000 FOR THE BENEFIT OF SENTARA HEALTHCARE 6 7 8 9 WHEREAS, there has been described to the City of Virginia Beach Development Authority (the Authority), the plans of Sentara ]1 Healthcare (the Company) and the Economic Development Authority 12 of the City of Norfolk (the Norfolk Authority) with respect to the following plan of finance: (a) the issuance of health care 14 -facilities revenue bonds in an amount not exceeding $250,000,000 15 to assist the Company in undertaking the acquisition, 16 construction and equipping of certain capital expenditures, 17 including (i) a new hospital facility to be located at 600 18 Gresham Drive in the City of Norfolk adjacent to Sentara Norfolk 19 General Hospital and dedicated to the treatment of cardiac 20 patients, (ii) a new acute care hospital facility at 6601 Mooretown Road in York County, Virginia, to be known as Sentara 22 Williamsburg Regional Medical Center, and (iii) a new patient 23 beds tower at Sentara Virginia Beach General Hospital at 1060 24 First Colonial Road, Virginia Beach, Virginia, and to pay certain 25 costs of issuance relating to the such bonds and {b) the issuance 26 of health care facilities revenue and refunding bonds in an 27 aggregate principal amount not exceeding $100,000,000 (i) to 28 currently refund the outstanding principal balance of the 29 Industrial Development Authority of the City of Norfolk, Hospital Revenue and Refunding Bonds (Sentara Hospitals-Norfolk), Series 1994A, (ii) to undertake certain capital expenditures at Sentara Norfolk General Hospital and Sentara Virginia Beach General .Hospital, including diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, and furnishings and 30 31 32 33 34 35 36 equipment for in-patient and out-patient procedures, treatments 37 and consultations relative to such hospital facilities, and (iii) 35 to pay certain costs of issuance relating to the bonds; and 39 WHEREAS, it has been represented to the Council that the 40 above facilities will be owned by the Company, or an affiliate of 4! the Company, and will be located in Virginia Beach, Virginia, 42 Norfolk, Virginia, or York County, Virginia; and 43 WHEREAS, it has been represented to the Council that a 44 'public hearing with respect to the bonds as required by Virginia 45 law and the Internal Revenue Code of 1986, as amended (the Code), 46 was held by the Authority on March 18, 2004, and 47 WHEREAS, it has been represented to the Council that the 48 Norfolk Authority held a public hearing with respect to the bonds 49 on March 24, 2004, and adopted an approving resolution (the 50 Norfolk Authority Resolution) with respect to the bonds on that 51 date; and 52 WHEREAS, the Authority has adopted a resolution recoramending 53 that the City Council of the City of Virginia Beach {tlhe Council) 54 concur with the Norfolk Authority Resolution; and 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 WHEREAS, Sections 15.2-4905 and 15.2-4906 of the Code of Virginia of 1950, as amended (the Virginia Code), provide that the Council must concur with the adoption of the Norfolk Authority Resolution and approve the issuance of the bonds prior to the issuance of the bonds; and WHEREAS, the Code provides that the highest governmental officials of the governmental unit jurisdiction over the area in which any facility 'the proceeds of private activity bonds is located shall the issuance of such bonds; and WHEREAS, a potion of the financed property is to be in the City of Virginia Beach and the members of the elected having financed with approve located Council constitute the highest elected governmental officials of the City of Virginia Beach; and WHEREAS, a copy of the Norfolk Authority Resolution, the Authority's resolution and a statement in the form prescribed by Section 15.2-4907 of the Virginia Code have been filed with the Council. NOW, THEREFORE, BE IT RESOLVED BY CITY OF VIRGINIA BEACH: 1. The Council concurs with the adoption of the Norfolk Authority Resolution and approves the issuance of the bonds described in this resolution by the Norfolk Authority to the the Code and Sections 15.2-4905 and 15.2-4906 extent required by THE CITY COUNCIL OF THE of the Virginia Code. 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 2. The concurrence with the Norfolk Authority Resolution, and the approval of the issuance of the bonds, as required by the 'Code and Sections 15.2-4905 and 15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the bonds of the creditworthiness of the Company and the bonds shall provide that the City of Virginia Beach shall not be obligated to pay the bonds or the interest thereon or other costs incident thereto and neither the faith or credit nor the taxing power of the Commonwealth of Virginia or the City of Virginia Beach shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. Adopted by the Council day of of the City , 2004. of Virginia Beach on the CA9120 April 1, %901263 v2 2004 APPROVED AS TO LEGAL ICIENCY ~i~'y~orney Exhibit A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian_Pilot KAUFMAN & CANOLES, P.C. 150 W MAIN ST NORFOLK VA 23510 REFERENCE: 10236406 11189511 State of Virginia City of Norfolk NOTICE OF PUBLIC HEA This day, D. Johnson personally appeared before me and after being duly sworn, made oath that: 1) She is affidavit clerk of The Virginian-Pilot, a newspaper published by Landmark Con~nunications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, Common- wealth of Virginia and in the state of North Carolina 2)That the advertisement hereto annexed has been published in said newspaper on the date stated. PUBLISRED ON: 03/04 03/11 TOTAL COST: 860.09 ~JD SPACE: 122 LINE FILED ON: 03/12 ~h~ /~,~ j ................... + Legal Af~_~i~nt:. ~ J. ~ L/(~]fi~ ..................................... Su~i~,~ a~to b~o~in my nty and state o~ the day and year Nota~~% ~~Q <~ e~ires Janua~ 31, 2008 Exhibit B NOTICE OF PUBLIC HEARING TO BE HELD BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR THE BENEFIT OF SENTARA HEALTHCARE Notice is hereby given that the City of Virginia Beach Development Authority (the Virginia Beach Authority), whose address is 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, will hold a public hearing on the plan of financing of Sentara Healthcare (the Company), whose principal business address is 6015 Poplar Hall Drive, Norfolk, Virginia 23502, for the issuance by the Economic Development Authority of the City of Norfolk (the Norfolk Authority) of (a) health care facilities revenue bonds in an amount not exceeding $250,000,000 to assist the Company in undertaking the acquisition, construction and equipping of certain capital expenditures, including (i) a new hospital facility to be located at 600 Gresham Drive in the City of Norfolk adjacent to Sentara Norfolk General Hospital and dedicated to the treatment of cardiac patients, (ii) a new acute care hospital facility at 6601 Mooretown Road in York County, Virginia, to be known as Sentara Williamsburg Regional Medical Center, and (iii) a new patient beds tower at Sentara Virginia Beach General Hospital at 1060 First Colonial Road, Virginia Beach, Virginia, and to pay certain costs of issuance relating to the such bonds and (b) health care facilities revenue and refunding bonds in an aggregate principal amount not exceeding $100,000,000 (i) to currently refund the outstanding principal balance of the Industrial Development Authority of the City of Norfolk, Hospital Revenue and Refunding Bonds (Sentara Hospitals-Norfolk), Series 1994A, (ii) to undertake certain capital expenditures at Sentara Norfolk General Hospital located, at 600 Gresham Drive, Norfolk, Virginia, and Sentara Virginia Beach General Hospital located at 1060 First Colonial Road, Virginia Beach, Virginia, including diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, and furnishings and equipment for in-patient and out-patient procedures, treatments and consultations relative to such hospital facilities, and (iii) to pay certain costs of issuance relating to the such bonds. The public hearing, which may be continued or adjourned, will be held at 2:00 p.m. on March 18, 2004, before the Virginia Beach Authority at its offices located at 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462. All of such facilities will be owned by the Company or one of its affiliates. Any person interested in the issuance of the bonds should appear and be heard. Any person who is disabled and will require an accommodation in order to participate in the public heating may call the Virginia Beach Authority at 437-6464. Please place such call at least three (3) days in advance of the meeting and public hearing. The bonds will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the Virginia Beach Authority. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Virginia Beach Authority, shall be obligated to pay the bonds, or the interest thereon, or other costs incident thereto, except from the revenues and monies pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the Virginia Beach Authority, will be pledged to the payment of the principal of or interest on such bonds or other costs incident thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY To be published in The Virginian Pilot on Thursday, March 4, 2004, and Thursday, March. 1L 2004 #901197 vl Exhibit C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (SENTARA HEALTHCARE REVENUE AND REFUNDING BONDS) At 2:00 p.m. on March 18, 2004, the Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public heating on the request of Sentara Healthcare ("Sentara"), and that a notice of public heating was published once a week for two consecutive weeks in The Vir inian-Pilot, the second publication being not less than six (6) days nor more than twenty-one (21) days prior to the heating. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been or will be filed with the records of the Authority and will be provided to the Clerk of the City Council of the City of Virginia Beach. The following individual appeared and addressed the Authority: Mr. George Consolvo appeared on behalf of Sentara. Mr. Consolvo described the revenue and refunding bonds of Sentara which will be utilized to finance: (a) the issuance of health care facilities revenue bonds in an amount not exceeding $250,000,000 to assist Sentara in undertaking the acquisition, construction and equipping of certain capital expenditures, including (i) a new hospital facility to be located at 600 Gresham Drive in the City of Norfolk adjacent to Sentara Norfolk General Hospital and dedicated to the treatment of cardiac patients, (ii) a new acute care hospital facility at 6601 Mooretown Road in York County, Virginia, to be known as Sentara Williamsburg Regional Medical Center, and (iii) a new patient beds tower at Sentara Virginia Beach General Hospital at 1060 First Colonial Road, Virginia Beach, Virginia, and to pay certain costs of issuance relating to the such bonds and (b) the issuance of health care facilities revenue and refunding bonds in an aggregate principal amount not exceeding $100,000,000 (i) to currently refund the outstanding principal balance of the Industrial Development Authority of the City of Norfolk, Hospital Revenue and Refunding Bonds (Sentara Hospitals-Norfolk), Series 1994A, (ii) to undertake certain capital expenditures at Sentara Norfolk General Hospital and Sentara Virginia Beach General Hospital, including diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, and furnishings and equipment for in-patient and out-patient procedures, treatments and consultations relative to such hospital facilities, and (iii) to pay certain costs of issuance relating to the such bonds. The Chairman closed the public heating. The Authority then adopted a resolution (a) recommending that the Council of the City of Virginia Beach approve the issuance of the bonds in an amount up to $350,000,000, (b) directing the transmission ora Fiscal Impact Statement with respect to the bonds to the Council of the City of Virginia Beach and (c) requesting that its recommendation be received at the next regular or special meeting at which this matter can be properly placed on the Council's agenda for heating. #901306 vl Exhibit D RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the Authority), the plans Sentara Healthcare (the Company) and the Economic Development Authority of the City of Norfolk (the Norfolk Authority) with respect to the following plan of finance: (a) the issuance of health- care facilities revenue bonds in an amount not exceeding $250,000,000 to assist the Company/n undertaking the acquisition, construction and equipping of certain capital expenditures, including (i) a new hospital facility to be located at 600 Gresham Drive in the City of Norfolk adjacent to Sentara Norfolk General Hospital and dedicated to the treatment of cardiac patients, (ii) a new acute care hospital facility at 6601 Mooretown Road in York County, Virginia, to be known as Sentara Williamsburg Regional Medical Center, and (iii) a new patient beds tower at Sentara Virginia Beach General Hospital at 1060 First Colonial Road, Virginia Beach, Virginia, and to pay certain costs of issuance relating to the such bonds and (b) the issuance of health care facilities revenue and refunding bonds in an aggregate principal amount not exceeding $100,000,000 (i) to currently refund the outstanding principal balance of the Industrial Development Authority of the City of Norfolk, Hospital Revenue and Refunding Bonds (Sentara Hospitals-Norfolk), Series 1994A, (ii) to undertake certain capital expenditures at Sentara Norfolk General Hospital and Sentara Virginia Beach General Hospital, including diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care busitness office furnishings and equipment, and furnishings and equipment for in-patient and out-patient procedures, treatments and consultations relative to such hospital facilities, and (iii) to pay certain costs of issuance relating to the such bonds; and WHEREAS, the above facilities will be owned by the Company, or an affiliate of the Company, and will be located in Virginia Beach, xrirginia, Norfolk, Virginia, or York County, Virginia; and WHEREAS, a public hearing with respect to the bonds as required by Virginia law and the Internal Revenue Code of 1986, as amended (the Code), was held by the Authority on March 18, 2004, and WHEREAS, it has been represented to the Authority that the Norfolk Authority will hold a public hearing with respect to the bonds on Maxch 24, 2004, and will adopt an approving resolution (the Norfolk Authority Resolution) with respect to the bonds on that date; and WHEREAS, it has been represented to the Authority that the Company has elected to proceed with a plan of finance pursuant to which the bonds will sold to Citigroup Global Markets Inc.; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the issuance of the bonds will benefit the inhabitants of the City of Virginia Beach and promote their safety, health, welfare, convenience and prosperity. 2. To assist the Company, the Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia (the Council), concur with the Norfolk Authority Resolution, the form of which has been presented at this meeting, as required by §15.2-4905 of the Code of Virginia of 1950, as amended (the Virginia Code), and hereby directs the Chairman or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by § 15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held by the Authority pursuant to §15.2-4906 of the Virginia Code, and a copy of this resohition. 3. Ail costs and expenses in connection with the financing plan shall be paid from the proceeds of the bonds to the extent permitted by law or fi.om funds of the Company and the Authority shall have no responsibility therefor. 4. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the bonds are hereby approved and confirmed. 5. The Authority's multi-jurisdictional fee policy shall apply to the bonds. 6. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by a roll call vote of the commissioners of the City of Virginia Beach Development Authority at a meeting duly called and held on March 18, 2004, and that such resolution is in full force and effect on the date hereof. Dated: ,2004 ~,>,~',,-~o,r,N Secretary, City of Virginia Beach Development Authority #901264 vl 2 ~×hib¢ 5 DISCLOSURE STATEMENT Date: March 18, 2004 Applicant's Name(s): Sentara Healthcare All Owners (if different fi:om applicant): N/A Type of Application: Rezoning: From To Conditional Use Permit: Street Closure: Subdivision Variance: Other: Bond Financing The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: See attached schedule. 2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/A The following is to be completed by or for the Owner (if different fi:om the applicant) 1. If the Owner is a CORPORATION, list all the officers of the Corporation: N/A 2. If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or palmers in the organization: N/A, SENTARA HEALTHCARE Senior Vice President and Chief Financial Officer BOARD OF DIRECTORS AND OFFICERS OF SENTARA HEALTHCARE Schedule to Disclosure Statement Bernd, David L. Butler, William K. II Cheng, Richard T., Ph.D. Clark, Donald H. Richard F. Clark, M.D. Crocker, James E. Cumming, Gwen Dorm, Allan G. Edmondson, William P., Jr., M.D. Juskevich, Robert S., M.D. Loving, Aubrey E. Jr. Malbon, John F. Scott, Thomas H. Jr., M.D. Marc Sharp Trevarthan, Albert R. David L. Bemd, Chief Executive Officer Robert A. Broermann, Senior Vice President and Chief Financial Officer Michael M. Dudley, President and CEO Rodney F. Hochman, MD, Executive Vice President and Chief Medical Officer Howard p. Kern, President and Chief Operating Officer 0901230 vi VIRG I EACH Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach. VA 23462 (757) 437-6464 FAX (757) 499-9894 Website: www.vbgov.com EXHIBIT F ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK SENTARA HEALTHCARE REVENUE AND REFUNDING BONDS The Authority recommends approval of the captioned financing. The financing will benefit the citizens of the City of Virginia Beach, Virginia by providing improved healthcare facilities which promotes the health and welfare of the City's citizens. Exhibit G FISCAL IMPACT STATEMENT SUBMITTED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, m order to permit the City of Virgniia Beach Development Author/ty submission of the following information in comphance with Section 15.2-4907 of the Code of Virginia of 1950, as mended, states: Name of applicant: Sentara Healthcare Facilities: 8. Dated: March 18, 2004 Sentara Virginia Beach General Hospital at 1060 First Colonial Road, Virginia Beach, Virginia; Sentara Norfolk General Heart Hospital at 600 Gresham Drive, Norfolk, Virginia; Semara Williamsburg Regional Medical Center at 6601 Mooretown Road, York County, Virginia MaXamum amount of financing sought Estimated taxable value of the facility's real property to be cons~ucted in the locality Est/mated real properly tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital tax per year using present tax rates a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality d. Estimated dollar value per year of services that will be purchased fi.om non-Virginia companies within the locality Estimated number of regular employees on year round basis Average annual salary per employee SENTARA HEALTHCARE $350,000,000 N/A N/A N/A N/A $1,490,000 '* $2,881,000'* $ 1,102,000 *' $2, I29,000'* 385 ** 43,484** Senior Vice President and Chief Financial Officer C~ty of Virginia Beach only. #901229 vi CITY OF VIRGINIA BEACH DEVELOPMENT Exhibit H SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY CONCURRENCE WITH ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK SENTARA HEALTHCARE REVENUE AND REFUNDING BONDS PROJECT NAME: LOCATION: DESCRIPTION OF PROJECT: AMOUNT OF BOND ISSUE: PRINCIPALS: ZONING CLASSWICATION: a. Present zoning classification of the Property b. Is rezoning proposed: c. If so, to what zoning classification? SENTARA VIRGINIA BEACH GENERAL HOSPITAL 1060 First Colonial Road Virginia Beach, Virginia Patient tower and hospital equipment and renovations $350,000,000 See attached list of officers and directors 02 'Yes N/A No X BOARD OF DIRECTORS AND OFFICERS OF SENTARA HEALTHCAR F Schedule to Summary Sheet Bernd, David L. Butler, William K. 1/ Cheng, Richard T., Ph.D. Clark, Donald H. Richard F. Clark, M.D. Crocker, James E. Cumming, Gwen Dorm, Allan G. Edmondson, William P., Jr., M.D. Juskevich, Robert S., M.D. Loving, Aubrey E. Jr. Malbon, John F. Scott, Thomas H. Jr., M.D. Marc Sharp Trevarthan, Albert R. David L. Bemd, Chief Executive Officer Robert A. Broermann, Senior Vice President and Chief Financial Officer Michael M. Dudley, President and CEO Rodney F. Hochman, MD, Executive Vice President and Chief Medical Officer Howard P. Kern, President and Chief Operating Officer #901232 vl Exhibit I VIRG[N k_ BEACH March 18, 2004 Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Web$ite: www.vbgov.com Mr. Robert O. Jones Chairman Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Re: Sentara Healthcare Bond Financing Dear Bob: The Department of Economic Development concurs with the issuance of revenue bonds by the Industrial Development Authority (IDA) of the City of Norfolk in an mount not to exceed $350,000,000 for Sentara Healthcare. Health care facilities revenue bonds in an amount not to exceed $250,000,000 will be utilized for the acquisition, construction, and equipping of (1) a new cardiac care hospital at Sentara Norfolk General Hospital; (2) a new acute care hospital facility in York County to be known as Sentara Williamsburg Regional Medical Center; and (3) a new patient beds tower at Sentara Virginia Beach General Hospital. Health care facilities revenue and refunding bonds in an aggregate principal amount not exceed $100,000,000 will be utilized (1) to redeem the outstanding principal baimace of Series 1994A City of Norfolk IDA bonds; (2) to pay certain costs of issuance; and (3) for capital expenditures at Sentara Norfolk General Hospital and Sentara Virginia Beach General Hospital for diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, and equiPment and furnishings for in-patient and out-patient procedures, and treamaents and consultations. The issuance of these bonds will promote healthcare in the City of Virginia Beach, benefit its inhabitants and promote the!r safety, health, welfare, convenience and prosperity. I will be happy to answer any questions you may have after our meeting of March 18. Sincerely, Mark B-. Wawner Projec~t Development Manager MRW:lls Exhibit J RESOLUTION OF ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK WHEREAS, there has been described to the Economic Development Authority of the City of Norfolk (the Authority) the plan of finance of Sentara Healthcare (the Company) with respect to the following: (a) the issuance by the Authority of hospital facilities revenue bonds in an mount not exceeding $250,000,000 to assist the Company in undertaking the acquisition, construction and equipping of certain capital expenditures, including (i) a new hospital facility at 600 Gresham Drive in the City of Norfolk adjacent to Sentara Norfolk General Hospital and dedicated to the treatment of cardiac patients, (ii) a new acute care hospital facility at 6601 Mooretown Road in York County, Virginia, to be known as Sentara Williamsburg Regional Medical Center, and (iii) a new patient beds tower at Sentara Virginia Beach General Hospital at 1060 First Colonial Road, Virginia Beach, Virginia, and to pay certain costs of issuance relating to the such bonds and (b) the issuance by the Authority of hospital facilities revenue and refunding bonds in an aggregate principal amount not exceeding $I00,000,000 (i) to currently refund the outstanding principal balance of the Industrial Development Authority of the City of Norfolk, Hospital Revenue and Refunding Bonds (Sentara Hospitals-Norfolk), Series 1994A, (ii) to undertake certain capital expenditures at Sentara Norfolk General Hospital at 600 Gresham Drive, Norfolk, Virginia, and Sentara Virginia Beach General Hospital at 1060 First Colonial Road, Virginia Beach, Virginia, including diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, and furnishings and equipment for in-patient and out-patient procedures, treatments and consultations relative to such hospital facilities, and (iii) to pay certain costs of issuance relating to the such bonds; WHEREAS, each of the above facilities will be owned by the Company, or an affiliate of the Company, and will be located in Virginia Beach, Virginia, Norfolk, Virginia, or York County, Virginia; and WHEREAS, under the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended, together with Ordinance No. 26,565 of the Council of the City of Norfolk, as amended by Ordinance No. 27,524, and further amended by Ordinance No. 35,587 (together, the Act), the Authority has been given the power to issue its revenue and refunding bonds fi.om time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of "authority facilities", as defined in the Act, and to refund bonds previously issued by it; WHEREAS, the Authority has been requested and has agreed to assist in the issuance and sale of up to $250,000,000 in aggregate principal amount of its Hospital Facilities Revenue Bonds (Sentara Healthcare), Series 2004A, Series 2004B, and Series 2004C (collectively, the Project Bonds) the proceeds of which will be used to finance the costs of the projects described in clause (a) of the first preamble to this Resolution (collectively, the Project), which projects constitute "authority facilities", as defined in the Act, and to pay costs of issuance relating to the Project Bonds; constitute "authority facilities", as defined in the Act, and to pay costs of issuance relating to the Project Bonds; WHEREAS, the Authority has been requested and has agreed to assist in the issuance and sale of up to $100,000,000 in aggregate principal mount of its Hospital Facilities Revenue and Refunding Bonds (Sentara Healthcare), Series 2004D (the Series 2004D Bonds), the proceeds of which will be used to currently refund the bonds described in clause (b) of the initial preamble to this Resolution, to pay for the cost of certain capital expenditures constituting "authority facilities", as defined in the Act, as described in clause (b) of the initial preamble to this Resolution, and to pay costs of issuance relating to the Series 2004D Bonds; WHEREAS, a public heating with respect to the Project, the Project Bonds and the Series 2004D Bonds (the Project Bonds and the Series 2004D Bonds being hereina~er collectively referred to as the Bonds) has been held by the Authority as required by the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code), on the date hereof; WHEREAS, the Company has elected to proceed immediately with implementing the plan of finance for the Project and issuing the Project Bonds pursuant to a Bond Purchase Agreement (the Bond purchase Agreement) to be dated on or about May 6, 2004, among the Authority, the Company and Citigroup Global Markets Inc., as Underwriter (the Underwriter); and WHEREAS, the Company has requested that the Authority proceed with the issuance of the Project Bonds by the execution and delivery and/or approval of the following documents, all of which, together with the Bond Purchase Agreement, have been presented at this meeting in substantially final form and shall be referred to collectively in this Resolution as the Project Bond Documents: (i) A Trust Indenture (the Indenture) dated as of May 1, 2004, by and between the Authority and the Trustee named therein and herein and authorizing the issuance of the Project Bonds to finance the Costs of the Project (as defined in the Indenture); (ii) A Loan Agreement (the Loan Agreement) dated as of May 1, 2004, by and between the Authority and the Company, together with the Company's promissory note (the Note) executed and delivered pursuant to the Loan Agreement to evidence the loan made thereby and the form of assignment thereof from the Authority, without recourse, to the Trustee; and (iii) An Official Statement to be dated on or about the date of issuance of the Project Bonds (the Official Statement) pursuant to which the Underwriter will furnish certain information regarding the Project Bonds, the security therefor, the Company and the Authority. BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK: 2 1. It is hereby found and determined that the issuance of the Bonds will promote healthcare in the City of Norfolk(the City), benefit the inhabitants of the City, increase their commerce, and promote their safety, health, welfare, convenience and prosperity. 2. The Project Bond Documents are hereby approved in substantially the form submitted to this meeting, with such changes, insertions or omissions as may be approved by the Chairman or Vice Chairman of the Authority, upon advice of counsel to the Authority, which approval shall be evidenced conclusively by the execution and delivery of the Indenture. The Chairman or Vice Chairman is hereby authorized to approve the original aggregate principal amount of the Project Bonds; provided, however, that such amount shall not exceed $250,000,000, which approval shall be evidenced conclusively by the execution and delivery of the Indenture. As the Underwriter will not determine the initial interest rate for the Project Bonds issued pursuant to the Indenture until on or about the date of issuance thereof, the Chairman or Vice Chairman is hereby authorized to approve such initial interest rate so long as such interest rate does not exceed ten percent (10%) per annum. The Chairman or Vice Chairman is hereby authorized to approve the final maturity date of the Project Bonds so long as the final maturity does not exceed forty (40) years. The execution and delivery of the Indenture by the Chairman or Vice Chairman of the Authority shall constitute conclusive evidence of the Authority's approval of the initial interest rate thereon and the maturity thereof, subject to the foregoing limitations. The Authority hereby acknowledges that the Project Bonds will initially bear interest at an interest rate determined by the Underwriter as the rate necessary to sell the Project Bonds at par and thereafter the Project Bonds will bear interest as ARS (as defined in and determined in accordance with the Indenture), but that the interest rate on the Project Bonds will be subject to conversion to other interest rate modes in accordance with the provisions of the Indenture. All other terms of the Project Bonds as described in and provided by the Indenture are hereby approved. 3. The execution of the Indenture, the Loan Agreement and the Bond Purchase Agreement and their delivery upon payment for the Project Bonds, and the execution and delivery of the Project Bonds and the use of the proceeds of the Project Bonds, as set forth herein and in the Indenture and the Loan Agreement, are all hereby approved. 4. SunTrust Bank is hereby appointed Trustee under the Indenture. Bonds. Citigroup Global Markets Inc. is hereby appointed Underwriter with respect to the 6. The distribution and use by the Underwriter of the Official Statement prepared by counsel for the Underwriter and counsel for the Company and based upon information provided by the Company and other parties to the transaction (including the Authority but only to the extent of the information set forth in the Section entitled "The Authority" and in the first paragraph of the Section entitled "No Litigation") is hereby approved. The Chairman or Vice Chairman of the Authority is hereby authorized to approve the final Official Statement to be dated on or about the date of issuance of the Project Bonds, with such changes from the draft Official Statement presented at this meeting as may be approved by the Chairman or Vice 3 Chairman of the Authority, upon advice of counsel to the Authority, which approval shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement. 7. The Chairman or Vice Chairman of the Authority is hereby authorized and directed to complete, execute and submit to the Internal Revenue Service its Form 8038 with respect to the Project Bonds and to mail a copy thereof to the City Council of the City of Norfolk and the Virginia Department of Business Assistance in accordance with the Act. 8. Each officer of the Authority is authorized to execute and deliver on behalf of the Authority such instruments, documents or certificates and to do and perform such things and acts as they shall deem necessary or appropriate in carrying out the transactions authorized by this Resolution or contemplated by the Project Bond Documents, and all of such actions previously done or performed by the officers or directors of the Authority are in all respects approved, ratified and confirmed. 9. All costs and expenses in connection with the issuance of the Project Bonds, including the fees and expenses of the Authority, including the fees and expenses of counsel for the Authority, shall be paid promptly from the proceeds of the Project Bonds to the extent permitted by law or from funds provided by the Company. If for any reason the Project Bonds are not issued, it is understood that all such fees and expenses shall be paid promptly by the Company upon presentation of an invoice and that the Authority shall have no responsibility e Corn an shall also pay the Authority's annual administrative fee as required by therefor. Th P ~ ....... ~ -~--;~;o*~o~ve fee shall be charged and collected in the Loan Agreement. ! ne ~umomy s annum amtt~t~oLLa~ accordance with the Authority's multi-jurisdictional fee policy. 10. The Authority hereby recommends that the City Council of the City of Norfolk (the Council) approve the issuance of the Bonds and hereby directs the Chairman or Vice Chairman to provide to the Council a reasonably detailed summary of the comments expressed at the public hearing required by Section 15.2-4906 of the Act, a copy of this Resolution and any other information required by the Council or the Act. 11. The principal of and premium, if any, and late charge and interest on the Project Bonds are limited obligations of the Authority payable solely from the revenues and receipts derived by the Authority from the Company, which revenues and receipts have been pledged and assigned to secure payment thereof. The principal of and premium, if any, and late charge and interest on the Project Bonds shall not be deemed to constitute a debt or a pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Authority and the City, shall be obligated to pay the principal of or premium, if any, or late charge or interest on the Project Bonds or other costs incident thereto except from the revenues and receipts pledged and assigned therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City, is pledged to the payment of the principal of or premium, if any, or late charge or interest on the Project Bonds or other costs incident thereto. No covenant, condition or agreement contained in any Project Bond Document shall be deemed to be a covenant, agreement 4 or obligation of any past, present or future director, officer, employee or agent of the Authority in his individual capacity, and neither the directors of the Authority nor any officer or employee thereof executing the Project Bonds on behalf of the Authority shall be liable personallv on the Project Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. 12. All other acts of the officers of the Authority which are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance of the Project Bonds are hereby approved and confirmed. 13. The Series 2004D Bonds are expected to be issued on or about August 15, 2004, but the Series 2004D Bonds shall not be issued until the terms thereof are approved by the Authority by resolution adopted in accordance with the Act and, if the proceeds of the Series 2004D Bonds are used to finance facilities in the City of Virginia Beach, Virginia, or the City of Hampton, Virginia, the Authority is provided satisfactory evidence that a concurring resolution has been adopted by the governing body of the City of Virginia Beach, Virginia, or the governing body of the City of Hampton, Virginia, as applicable, in accordance with Section 15.2-4905 of the Act. 14. The Project Bonds'shall not be issued until the Authority is provided satisfactory evidence that concurring resolutions have been adopted by the governing bodies of the City of Virginia Beach, Virginia, and York County, Virginia, in accordance with Section 15.2-4905 of the Act. 15. This Resolution shall take effect immediately. The undersigned hereby certifies that the above resolution was duly adopted by the directors of the Economic Development Authority of the City of Norfolk at a meeting duly called and held on March 24, 2004, and that such resolution is in full force and effect on the date hereof. Aeuctrheot ~Yty' ;~e at hSeUrceMf~ ?I~?f~ ~?eve lopment #901341 v3 5 CITY OF VIRGINIA BEACH ITEM: MEETING DATE: Ordinance Authorizing th.e. City Manager to Lease the Restaurant Space at the Virginia Beach Farmers Market April 13, 2004 Background: The Farmers Market has been serving Virginia Beach and its citizens for over two decades. A variety of businesses lease space at the Market. · Considerations: The Code of Virginia requires all leases of City property to be approved by City Council. The proposed lease is for the restaurant space. Public Information: A public hearing is required and has been advertised. Recommendation: City staff recommends the approval of the proposed lease agreement. · Attachments: Ordinance Term Sheet Recommended Action: Submitting Department/Agency: City Manager~ ~- H:~PA\GG\ORDRES~FARMAAGENDA'DOC Approval Agriculture: Jack Whitney. 1 2 3 4 5 6 7 8 9 t0 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO LEASE THE RESTAURANT SPACE AT THE VIRGINIA BEACH FARMERS MARKET WHEREAS, the City of Virginia Beach has leased spaces at the Farmers Market since its inception; WHEREAS, the restaurant space at the Farmers Market is available for lease, and City staff have identified a prospective tenant wishing to lease WHEREAS, a public hearing concerning has been advertised and conducted. NOW, THEREFORE, BE IT ORDAINED BY this space; and this proposed lease THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized on behalf of the City of Virginia Beach to enter into a lease agreement for a lease of the restaurant space (#26) to Adrianne Bennett, Scott Wilson and Joseph Faughnan, t/a "Princess Anne County Grill" from April 14, 2004 through December 31, 2006. 24 25 26 Virginia Adopted by the Council of the City of Virginia Beach, on the day of , 2004. CA-9212 H:kP&AkGG\ORD\Farmarord.doc Ri April 2, 2004 Approved as to Content Ag r ic~u~f t ~& - Depa r {ment ~ Approved as to Legal ~/~ty Atto%~y' s SUMMARY OF TERMS LEASE FOR RESTAURANT SPACE (#26) AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Adriaune Bennett, Scott Wilson and Joseph Fauglman, fa "Princess Anne County Grill" TERM: April 2004 through December 2006 Base Rent is $750 per month (includes $35 promotional fee). RIGHTS AND RESPONSIBILITIES OF LESSEE: Use leased space for restaurant consistent with the purpose of the Farmers Market. Maintain leased space, including heating and air conditioning units. Purchase and maintain $1,000,000 in commercial general liability insurance. Keep restaurant open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: · Maintain common areas of the Farmers Market and structural elements of the lease space. · Pay for water, sewer and electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) day notice. H:/PA/GG/farmasot.doc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Lease of City Owned Property (.275 acre) to Virginia Beach Madtime Museum, Inc. Location - 24th Street and Atlantic Avenue (Oceanfront) MEETING DATE: ~2004 Background: Council by Ordinance dated May 14, 1978 closed a portion of 24th Street, between Atlantic Avenue and Atlantic Boulevard (.275 acre). The following year, the City purchased the Old Coast Guard Station from L. Chartes Buflage and moved it onto the closed portion of 24t' Street. The Virginia Beach Maritime Museum, Inc., a non-profit organization, has been utilizing the City property with the knowledge of, but without the formal approval of, the City of Virginia Beach, since 1981' No written lease exists between the City and the Museum. Considerations: Both City staff and the Virginia Beach Maritime Museum, Inc. are in agreement that an authorizing Ordinance should be passed and a written lease should be approved and executed. The Virginia Beach Madtime Museum, Inc. operates a gift shop within a portion of the Old Coast Guard Station building. The proceeds from sales of items in the gift shop are reinvested for upkeep of existing exhibits and for purchase or creation of new exhibits. This facility is important to our City's museum program and madtime history. When the Virginia Beach Maritime Museum, Inc. first began utilizing the Old Coast Guard Station, there was a verbal agreement that any proposed lease would provide for annual rant of one dollar. There are no plans in the foreseeable future to utilize this parcel of property for any usage other than that use presently established. Public Information: Advertisement of public hearing as required bY Virginia C°de § 15.2 -1800 and advertisement of City Council Agenda. Alternatives: Approve Lease Agreement as presented, change terms and conditions of the proposed Lease Agreement or deny leasing of subject property. Recommendations: Adopt the ordinance authorizing the City Manager t° execute a Lease with Virginia Beach Maritime Museum, Inc. for a term less than five years. Attachments: Ordinance; Summary of Terms; Plat; Location Map Recommended Action: Approval Submitting Department/Agency: Public Works ~ ~..~. C,ty Manager: 1 2 3 4 5 6 7 8 9 10 11 Requested by Department of Public Works AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR LESS THAN FIVE YEARS WITH THE VIRGINIA BEACH MARITIME MUSEUM, INC., FOR .275 ACRE OF CITY OWNED LAND LOCATED AT 24TH STREET AND ATLANTIC AVENUE TOGETHER WITH THE BUILDING COMMONLY KNOWN AS THE "OLD COAST GUARD BUILDING" AND IMPROVEMENTS THEREON 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, the City of Virginia Beach ("the City") is the owner of that certain parcel of land formerly known as 24th Street, located between Atlantic Avenue and Atlantic Boulevard, which was closed and conveyed to the City of Virginia Beach by Ordinance dated May 14, 1978 and recorded in the Clerk's Office of the Circuit Court of Virginia Beach, in Deed Book 2001, at Page 267(the "Premises"); WHEREAS, the Old Coast Guard Station (the "Facility") was purchased by the City, from L. Charles Burlage, on or about March 23, 1979 and was moved onto the Premises; WHEREAS, the Virginia Beach Maritime Museum, Inc. (the "Museum") was founded in 1981, as a non-profit organization, and immediately began utilizing the Premises; WHEREAS, the Museum has been paying the City $1.00 per year in rent and the City has provided the Museum with utilities, housekeeping and maintenance; WHEREAS, no previous authorization from Council has been given for the execution of a written lease, for the Premises or the Facility, outlining the responsibilities of the parties; WHEREAS, the Museum would like to enter into a formal lease arrangement with the City for the Premises and the Facility thereon shown on Attachment A; 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 WHEREAS, the Premises and the Facility will be utilized as a maritime museum with gift shop and office space, and for no other use; WHEREAS, profits from sales from the gift shop shall be utilized for upkeep of the existing maritime exhibits and for purchase or creation of new exhibits; and WHEREAS, City staff has determined that the Facility will benefit the citizens of the City of Virginia Beach and tourists visiting the community by providing a needed service; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for a term of less than five years, between the Virginia Beach Maritime Museum, Inc. and the City, for the Premises and the facility in accordance with the Summary of Terms attached hereto and such other terms, conditions or modifications as may be satisfactory to the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 46 47 48 49 50 51 52 APPROVED AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY 53 54 55 CA-9112 PREPARED: (2/27/04) Ordinance FinaI.Feb.27,2004.wpd ~UMMARY OF TERMS LESSOR: LEASE FOR THE USE OF 12,000 SQUARE FEET OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON City of Virginia Beach. LESSEE: Virginia Beach Maritime Museum, Inc. PREMISES: Approximately 12,000 square feet of City property located on Atlantic Avenue at 24* Street and known as the Old Coast Guard Station. TERM: January 1, 2004 - December 31, 2008. RENT: One Dollar per year shall be charged. RIGHTS AND RESPONS/BILITIES OF VIRGINIA BEACH MARITIME MUSEUM, INC.: Will use the Premises for a maritime museum with a gift shop and offices and no other purpose. Will remain open to the general public for at least 120 days and a total of at least 1,000 hours per year. Will erect and maintain a sign, which shall give recognition to the Lessor as a principal in the ownership and establishment of the Leased Premises. Will maintain insurance coverage, in full force, in accordance with city requirements. Will comply with all requirements for maintaining the building's status as a National Historic Site. RIGHTS AND RESPONSIBILITIES OF CITY: Will maintain Premises, provide housekeeping services and pay for all utilities, fuel, and solid waste collection. · Will inspect the Premises for compliance with the terms &the Lease and all state, local and federal laws, statutes, ordinances and regulations. TERMINATION: Either party may terminate with 60 days advance notice, for any reason it considers appropriate, with no further obligations. ATLANTIC BOULEVARD ORINKWATER HI:IRS ~L · 275 AC., 80.00' R/W AREA TO ,~ BE VACATED OLIVER ENTF. RPRISES~ INC. ATLANTIC AVENUE 80' R/W FREEMAN e, FREEMAN LOCATION NRP SCALE .. 1" = ¸ TH ~3 TH LOCATIOI~ FOR COAST GUARD STATION BUILDI AND PROPERTY AT 24TH STREET AND ATLANTIC AVENUE TO BE LEASED BY INIA BEACH MARITIME MUSEUM ~ _~S?~: 1"= 100' PREPARED BY P/W ENO. DRAFT. ITEM: Lease for space for Beach Events Location - 302 22nd Street CITY OF VIRGINIA BEACH AGENDA ITEM MEETING DATE: April 13, 2004 · Background: Beach Events, a division of Cellar Door Productions of Virginia, Inc., is the city's contractor to provide various entertainment venues in and around the resort area. Beach Events was housed in the City-owned facilities located on Laskin Rd and Atlantic Ave, but was displaced when those buildings were scheduled to be razed for the new parking structure. Beach Events has requested the use of the 2"d floor of the facility (approximately 1485 square feet) located at 302 22nd Street. This portion of that building is not in use, nor slated for use due to its inability to meet ADA requirements. Beach Events would like to use this area for their office to support their beach activities. · Considerations: This lease would be for a term of one year and either party could vacate the lease if deemed necessary with appropriate notification. · Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda Alternatives: Approve Lease Agreement as Presented, Change conditions of the Lease Agreement or deny leasing of subject premises. · Recommendations: Approval Attachments: Summary of Terms Ordinance Lease Location map Recommended Action: Approval .~jj ,~.~/~.~ ? Submitting Department/Agency'~M~~~es City Manager: ~ 1~ ,~ Convention and Visitor Bureau 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR LESS THAN FIVE YEARS WITH BEACH EVENTS, A DIVISION OF CELLAR DOOR PRODUCTIONS OF VIRGINIA FOR A 1,485 SQUARE FOOT FACILITY LOCATED AT 302 22~ STREET IN THE CITY OF VIRGINIA BEACH WHEREAS, the the owner of floor at 302 "Premises"); City of a 1,485 square 22nd Street, Virginia Beach, Virginia Beach (the "City") is foot facility located on the 2nd Virginia 23451 (the WHEREAS, Beach Events, a division of Cellar Door Productions of Virginia, Inc., a Virginia corporation would like to enter into a formal lease arrangement with the City for the Premises and the facility thereon as shown on Exhibit A; WHEREAS, the Premises and the facility will be utilized for offices and operations of Beach Events and for no other uses; and WHEREAS, City staff has determined that the facility will benefit the citizens of the City of Virginia 25 Beach and tourists visiting the community by providing a 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 needed service. NOW, THEREFORE, BE IT ORDAINED THE CITY OF VIRGINIA BEACH, VIRGINIA: BY THE COUNCIL OF a lease Events, and the That the City Manager is hereby authorized to execute for a term of less than five (5) years between Beach a division of Cellar Door Productions of Virginia, Inc. City, for the Premises and the facility in accordance with the Summary of Terms attached hereto and such other terms, conditions or modifications as may be satisfactory to the City Attorney and the City Manager. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2004. CA9124 March 25, 2004 48 49 50 51 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ~C[-ty Atto~nef~ O~fice LESSOR: SUMMARY OF TERMS LEASE FOR THE USE OF 1,485 SQUARE FEET OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON City of Virginia Beach LESSEE: PREMISES: Beach Events, a division of Cellar Door Productions of Virginia, Inc. Approximately 1,485 square feet of City property located at 302 22"d Street in the City of Virginia Beach. TERM: May I, 2004 through April 30, 2005 RENT: Rent shall be One Dollar ($1.00) per annum. RIGHTS AND RESPONSIBILITIES OF BEACH EVENTS: · Will use the Premises for offices and operations and no other purpose. · Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. Will maintain public liability insurance coverage with policy limits of not less than $500,000 combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Lessor may insure the Premises against loss or damage due to fire and other casualty, with the express understanding that al/insurance proceeds arising from such damage or destruction shall belong solely to the City. Will assume the entire responsibility and liability for any and ali damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. · Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. · Will pay for the actual and reasonable costs of all utility services, including water, sewage, HVAC, and electricity, as well as janitorial services and refuse disposal. RIGHTS AND RESPONSIBILITIES OF THE CITY: · Will have access to the premises, upon reasonable notice, to verify compliance with the terms of the Lease. TERMINATION: Either party may terminate the Lease upon providing thirty (30) days written notice to the other party. LEASE THIS LEASE is made this __ day of ,2004, but effective as of ,2004, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Lessor") and BEACH EVENTS, a division of Cellar Door Productions of Virginia, Inc. ("Lessee"). WITNESSETH: 1. pr~mi.qes~ Term, Renewal. That for and in consideration of the terms,. conditions, covenants, promises and agreements herein made, Lessor hereby leases and demises unto Lessee the 1485 square foot facility located at 302 22na Street, Virginia Beach, Virginia (the "Premises") as shown on Exhibit A attached hereto. The term of this Lease shall commence on May 1, 2004 and shall continue until April 30, 2005, unless sooner terminated as provided in this Lease. 2. Rent. The total rent for the term hereof shall be one dollar ($1.00) per annum, which the Lessee shall pay to the Lessor, in advance, at such address as maybe designated by the Lessor, or if none specified, to the address provided for delivering notices in Paragraph 15 of this Agreement. 3. Purpose and Use of Premis es. The Premises shall be used solely for the Lessee' s offices and operations. The Premises shall not be used in such a manner as to constitute a public or private nuisance. 4. Utilities and Services. Lessee shall pay for the cost of all water, sewage, I-IVAC, and electricity. Lessor shall not be liable for the interruption of any of the aforementioned services caused by strikes, riots, lockouts, accidents or other cause~ beyond the reasonable control of Lessor. Any such interruption shall never be deemed an eviction or disturbance °fLessee's use · and possession of the Premises or any part thereof, or render Lessor liable to Lessee for damages, or relieve Lessee from performance of its obligations under this Lease. Lessor shall use its best efforts to restore the interrupted service within a reasonable period of time alter interruption if the cause of interruption is subject to Lessor's control. Lessee shall pay for all other utilities and services including the actual and reasonable costs of janitorial services and refuse disposal. 5. Alterations by Lessee, Signs. Lessee, at Lessee's option and expense, and with Lessor's prior written approval may make modifications, alterations, additions or improvements, to the Premises. Upon termination of this Lease, any structural modifications, alterations, additions or improvements shall become the property of Lessor. Lessee shall place no signs in or outside of the Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed. All signs shall comply with the City of Virginia Beach Comprehensive Zoning Ordinance. 6. Maintenance. Lessee accepts the Premises "AS IS". However, Lessee covenants to keep, repair and maintain, at Lessee's expense, the Premises. Notwithstanding anything to the contrary contained in this Lease, Lessee shall not be liable or obligated to pay for or to perform' any maintenance of or to make any repairs to and/or for any (i) structural portions of the Premises, (ii) portion of the HVAC, mechanical, electrical, plumbing or life-safety systems at or serving the Premises, (iii) capital expense item, and/or (iv) item to comply with and/or cure any violation of any laws, rules, regulations or codes which are not applicable to Lessee's specific use of the Premises." Lessee agrees to perform all repairs and maintenance in a workmanlike manner. Lessee acknowledges and agrees that Lessor shall not be responsible for any repairs to or maintenance of the Premises, which shall include the physical structure and any mechanical systems or equipment. Lessor shall not be liable for any damage to any property of Lessee or others or injury to persons within the Premises resulting fi.om (i) the electrical, heating, plumbing, sewer or other mechanical systems of the Premises; (ii) water, snow, or ice being upon or coming through the roof, wall, floors, windows or doors of the Premises; or (iii) any fire or other damage or casualty whatsoever· 7. Access. Lessor or its authorized representative shall have the right to enter upon the Premises upon reasonable prior notice to verify Lessee's compliance with the terms of this Lease. 8. No Assignment~ Sub-lease. Except for any assignment or sublease to a parent entity of Lessee or to any affiliate or subsidi~,-,, of Lesse Le ' ' · · ~ J ~ ~ pment enmy, Lessee shall not, without ssor s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, assign this Lease in whole or in part or sublease all or any portion of the Premises. 9. On Site Parkin . No on site parking is dedicated for Lessee. 10. Insurance/Waiver of Subrogation At Lessor's own cost andexpense, Lessor may insure the Premises against loss or damage due to fire and other casualty within the classification of fire and extended coverage and any other perils Lessor deems appropriate. It is expressly understood and agreed to by the parties that all insurance proceeds arising fi.om damage or destruction of the Premises by fire, extended coverage or other perils shall belong solely to Lessor. · . Lessee shall procure and maintain public liability insurance for the Premises with policy hm~ts of not less than $500,000 combined single hm~ts per occurrence, and issued by an insurance company licensed to conduct the business of insurance in Virginia and reasonably acceptable to Lessor. The policy of insurance shall name Lessor as an additional insured. All policies of. insurance required hereunder shall carry that the provision that they shall not be modified or terminated without 30 days prior written notice to Lessor. Prior to occupancy of the Premises, Lessee shall provide Lessor a certificate of insurance evidencing the required coverage· At Lessee's option and at its own cost and expense, Lessee may insure its furnishings, equipment, inventory, fixtures and leasehold improvements made by Lessee, and other personal property against damage or destruction by fire or other casualty. The proceeds of any insurance policy of Lessee on Lessee's furnishings, equipment, inventory, fixtures, and leasehold improvements by fire or other casualty shall belong solely to Lessee. 2 Lessor and Lessee agree on behalf of themselves and all others claiming under them, including any insurer, to waive all claims against each other, including all rights of subrogation, for loss or damage to their respective property arising from any fire and any of the perils normally insured against in an extended insurance policy, including vandalism and malicious mischief endorsements. If either party so requests, the other party shall obtain from its insurer a written waiver of all rights of subrogation that it may have against the other party. 11. Indemnification and Hold Harmless.. It is understood and that Lessee hereby' assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of Lessee, its employees, agents, or invitees associated with the use and occupancy of the Premises. Except to the extent liability has been expressly waived under Paragraph 10, Lessee agrees to indemnify and hold harmless Lessor and its agents, volunteers, servants, employees and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out o f or in connection with any and all such damages, real or alleged, and the violation by Lessee o f any law applicable to this Lease. This indemnity and hold harmless provision shall survive and remain in effect notwithstanding any termination, cancellation or expiration of this Lease or Lessee's tenancy. 12. Damage or Destruction of Premises.. If the Premises are damaged by fire or other casualty regardless of whether or not the Premises are rendered untenable in whole or in substantial part, then either party may, upon ten (10) days prior written notice thereof to the other party, terminate this Lease as of the date of such casualty. If this Lease is so tem'dnated, Lessee shall remove all of its property from the Premises within thirty (30) days after the notice of termination is given. For purposes of this paragraph, "substantial part" shall be deemed to mean more than 50% of the usable floor area of the Premises. Lessor shall not have any obligation' whatsoever to repair or replace the Premises in the event of such damage or casualty. The repair or replacement of the Premises in such event shall be at the sole option and discretion of the Lessor. 13. Default/Termination. In the event of any failure of Lessee to timely and fully comply with any term of this Lease, Lessee shall be in default. If such default shall continue for more than thirty (30) days after written notice thereof shall have been delivered to Lessee, Lessor may, with thirty (30) days written notice to Lessee, terminate Lessee's right to possession of the Preruises by any lawful means, and this Lease shall then terminate and Lessee shall surrender possession of the Premises to Lessor upon termination as set forth in this Paragraph. Notwithstanding anY provision to the contrary, this Lease, and the obligations arising hereunder, may be terminated by either party hereto upon providing one thirty (30) days written notice to the other party. 14. Surrender. Upon the expiration or earher termination of this Lease, Lessee shall surrender to Lessor the Premises in "broom" clean condition, ordinary wear and tear, fire and other casualty excepted. 15. Notices. All notices required or contemplated by this Lease shall be in writing and sent to a party via either United State mail, certified return receipt requested or nationally recognized overnight courier to the following agents for each party who are hereby appointed and designated as such for the purposes of receiving all such notices at the addresses shown below, or at such other'address as either party may designate, from time to time, by written notice to the other party: To Lessor: City of Virginia Beach Attn. Barry Shockley Administrative Services Manager Facilities Management Office/Department of Management Services Municipal Center, Bldg. #18, Room 228 Virginia Beach, Virginia 23456 To Lessee: Beach Events Attn: Bobby Melatti 3550 Cellar Door Way Virginia Beach, VA 23456 Each party shall immediately notify the other party, in writing, of any changes of agents, and no change of agents shall be effective until such notice is given. 16. .Compliance With All Laws/Governing Law/Venue. Lessee shall complywith all federal, state, and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of its obligations under this Lease. This Lease shall be governed by the laws of the Commonwealth of Virginia. It has been entered into and is to be performed in Virginia Beach, Virginia, and the parties designate the Circuit Court of the City of Virginia Beach for purposes of all litigation and venue. 17. Nondiscrimination/Drug_Free Workplace. Employment discrimination by Lessee shall be prohibited. During the performance of this Lease, Lessee agrees as follows: Lessee will not discriminate against any employee or applicant for employment. because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of Lessee. Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Lessee, in all solicitations or advertisements for employees placed by or on behalf of Lessee, will state that Lessee is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, role or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. D. Lessee will include the provisions of the foregoing Sections A, B, and C in every' subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. During the performance of this Lease, Lessee agrees as follows: A. Lessee will provide a drug-free workplace for Lessee's employees. Lessee will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Lessee's workplace and specifying the actions that will be taken against employees for violations of such prohibition. Lessee will state in ail solicitations or advertisements for e~mployees placed by or on behalf of Lessee that Lessee maintains a drug-free workplace. Lessee will include the provisions of the foregoing Sections A, B, and C in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 18. Severabilit3,'. Any term of this Lease which is prohibited by, or is unlawful or unenforceable under Virginia law shall be ineffective only to the extent of such prohibition, without invalidating the remaining terms of this Lease. 19. ~. This Lease together with Exhibit A, constitutes the entire, full and complete understanding and agreement of the parties, and may not be modified orally or in any other manner than by agreement in writing signed by all the parties to this Lease, or their respective authorized designees. IN WITNESS WHEREOF, the parties have affixed their signatures and seals: Lessor: CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of City Manager Lessee: BEACH E~NTS, .a division of Cella uctio ofVir inia, Inc. (SEA ) ATTEST: Ruth Hodges Smith, City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this __ day of ,2004, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, on its behalf. He/She is personally known to me. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this __ day of ,2004, by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, on its behalf. She is personally known to me. My commission expires: Notary Public 6 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregqing instrument, was acknowledged before me this ~ day of -~ tar i' L ,2004, by~t0dt~///~b~7-I, President of BEACH EVENTS, a division of Cellar Door Productions of Virginia, Inc. on its behalf. ~ary Public My commission expires: / - ~ [ ''~ 7 APPROVED AS TO CONTENT: Department of Management Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office APPROVED AS TO CONTENT: Risk Management EXHIBIT A [Plat showing Leased Premises outlined thereon] Aerial'Imagery (c) 2002 CommOnwealth of Virginia -Virginia Beach EX HIBIT A 302 22nd Street --'- Interstate ~ Primary Roads Streets --] Parcel [] Water Bodies 100 0 SCALE 1: 1,858 100 200 FEET 300 I/gis-server/amao/vb Rmriml City of Virginia Beach DATE: April 7, 2004 TO: FROM: James K. Spore City Manager O. Barry S~Administrative Services Manager DMS/Facilities Management Office SUBJECT: 302 22nd Street APR 7 2004 I understand there were some questions concerning leasing the space at 302 22nd Street to Beach Event instead of the Artist Gallery. I have provided specifics for both groups that lead us to the conclusion that Beach Events was a more compatible tenant for this space. I will be glad to provide any additional information you may want on this issue. Thank you. 302 22nd St. Space Second Floor 1485 square feet (approximate) No parking on site Floor plan is mostly walled offices Not ADA accessible No public restroom facilities Beach Even~ - · Since they do not have customers coming into the office they could use the space even though it is not ADA accessible. · They were also told that there was no parking available at the site and they would have to make other arrangements with area parking lots to meet that need. 302 22nd Street April 7, 2004 Page Two Artist Gallery - · 2500 square feet needed · Space for 10 studios (10x12 feet each) · Open wall space for public artist displays · Prefer to be in one story for handicapped access or have an elevator · 20 - 40 parking spaces for artists who work in the building every day as well as visitors, students, delivery trucks, and school buses. · Near trolley stop · on site parking for artists to unload their supplies and paintings · outdoor space for sculpture garden · Public restrooms OBS:Ijs cc: Steven T. Thompson Catheryn R. Whitesell II LI ,HEALTH - FP, F_~. CLINIC; _3oz. 2...~ ~ E~TI~F_~"T -//'T/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request: Underground Well and Pump, Irrigation Lines, Brick Patio and Landscaping Materials Location: Redtree Court Applicant: Bay Colony Garden Club MEETING DATE: April 13, 2004 Background: The Bay Colony Garden Club has requested permission to encroach into a portion of existing City dght of way known as Redtree Court, located on the north side of Bay Colony Drive, in the Bay Colony Subdivision. The purpose of this encroachment is to allow an underground well and pump, irrigation lines, brick patio and landscaping materials. All of these improvements are to be placed into a grassy circle in the right of way and are for the beautification of the community. Considerations: Construction of the underground well and pump, irrigation lines, bdck patio and landscaping materials will not be a detriment to maintenance of the city property at this location, based on staff review. Although placement of this type of irrigation within the city right of way is unusual, it is necessary in order to assure the survival of the many plantings proposed by the garden club. Public Information: Advertisement of Council Agenda. Alternatives: Approve encroachment with recommended conditions, deny the encroachment or add conditions as desired. Recommendations: Staff recommends approval of this request. Attachments: Ordinance, Agreement, Plat and Location Map Recommended Action: Approval Submitting DepartrnentJAgency: PW/Real Estate Offica <;~ ~ Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 A TEMPORARY 4 ENCROACHMENT INTO A 5 PORTION OF THE CITY OWNED 6 RIGHT OF WAY KNOWN AS ? REDTREE COURT, BY BAY 8 COLONY GARDEN CLUB, 9 ITSASSIGNS AND 3-0 SUCCESSORS IN TITLE 3- 3- WHEREAS, the Bay Colony Garden Club desires to construct and maintain 12 an underground well and pump, irrigation lines, brick patio and landscaping materials onto 3. 3 the City's right of way, known as Redtree Court. 3.4 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 3. 5 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's properties, subject to such terms and conditions as Council may prescribe. 3-7 NOW, THEREFORE BE IT ORDAINED BYTHE COUNCIL OF THE CITY OF 3-8 VIRGINIA BEACH, VIRGINIA: 19 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Bay Colony Garden Club, az its assigns and successors in title are authorized to construct and maintain a temporary 22 encroachment for an underground well and pump, irrigation lines, brick patio and 23 landscaping materials into the City's right of way of Redtree Court as shown on the map 24 entitled: "RED TREE CIRCLE GARDEN LINKHORN BAY, SEC. B ENCROACHMENT 25 AGREEMENT PLAT," dated Nov. 2003 and designated as Exhibit A, a copy of which is on 26 file in the Department of Public Works and to which reference is made for a more particular 27 description; and 28 29 30 31 32 33 34 35 36 37 38 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Bay Colony Garden Club (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Bay Colony Garden Club and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the __ day of ,2004. 39 APPROVED AS TO CONTENTS 4o 41 r/' Sr6'NATURE 4 3 DEPARTMENT 44 45 46 47 48 49 50 APPROVED AS TO LEGAL CA- qliq PREPARED:2/26/04 H:\WP\ENCROACH\Bay Colony Garden Club\Ordinance. Feb.26,2004.wpd PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(aX3) AND 58.1-811 (c)(4) REIIvlBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, madethis !~) dayof L~}D~- ,2004, by and between the CITY OF VIRGINIA BEACH, VIRGIAFiA, a municipal corporation, Grantor, "City~, and BAY COLONY GARDEN CLUB, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WlTNESSETH: That, WHEREAS, the Grantee is an authorized organization of the ownership of the subdivision of Bay Colony; WHEREAS, it is proposed by the Grantee to construct and maintain an underground well and pump; an imgation system; and a brick patio and to plant and maintain landscaping materials, "Temporary Encroachment", m the City of Virginia Beach; *vVHEREakS, in constructing and maintaining the Temporary Encroachment, it is necessaw that the Grantee encroach into a portion of an existing City right of way known as Redtree Court, "The Encroachinent Area"; WHEREAS, the Gramee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee i~ GPIN 2418-47-8745 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "RED TREE CIRCLE GARDENLINKHORN BAY, SEC. B ENCROACHMENT AGREEMENT PLAT," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed fi.om The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 2 It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee shall require its contractor to install tracer wire with all underground PVC lines. It is further expressly understood and agreed that landscaping materials must be approved by the Landscape Services Division of the Department of General Services. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue therea~er, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 1N WITNESS WHEREOF, Bay Colony Garden Club has caused this Agreement to be executed by Mary Susan Millar, President of said club, with due authority to bind said club. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk 4 BAY COLONY GARDEN CLUB Presideni~'~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ., 2004, by DESIGNEE OF THE CITY MANAGER, day of , CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this BEACH. day of · 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA Notary Public My Commission Expires: STATE OF CITY/COUNTY OF ~ l..n t ~Cr'.~h. to-wit: The foregoing instmmem was acknowledged before me this ] ~) day of ~?.,7 ~.z~.~t- , 2004, by~Presidem(Title), on behalf of Bay Colony ~den Club. ~ ' ',~2~.~'~ ?~"'g .,- I ~~~ Not~ ~b~c My Commission Expires: Approved as to oontent /J;~] Public Works/Real Estate Rev. 07-24-02 IApproved as to Legal S~ncy I CRy A~6~m e~ir>~ x.~ 5 CONCRETE DRIVEWAY --~ L07--4 CONCRETE DRIVEWAY LO?-3 EX. PINE EX. 4':-. HOLLY LIGHT -PED. ZWER 'EX. MAN HOLE ~ e ?~""-VALVE 'SHRUBS EX. ~' EX. 1¢" MYRTLE 1 4" PINE EX. EX. WIRE ;X. METER EX. POWER POLE EX. ORNAMENTAL- SHRUBS EX. -EX. PROP SPRIk HEADI 4" FM BA V EX. SEWER HOLE 8" PVC DRIVE DRAIN M4,N HOLE WATER Wpl Civil Engineers Land Surveyors · Land Planners Landscape Architects 757,431.1041 proj. no. 203-1849 sheet 1 of ,3 dote: 11/ /05 file: R-W AGREEMENT .dwg tech: PR proj.rnan.: EAG principle: WRP project: COMMENTS: RED TREE CIRCLE GARDEN LINKHORN BAY, SEC. B (M.B.185. PG.39) -- , 1'-3o' ENCROACHMENT AGREEMENT PLAT CONCRETE DRIVEWAY LOT-4 LIGHT ;WER MAN HOLE E EX. CONCRETE DRIVEWAY --'PED. EX. LOT-2 ~3 13-- 14-- LOT-5 EX. 14" 2 16 3 13 4 -5 5 13 6 17 7 18 8 16 9 tRUBS 11 12 12- EX. SEWER HOLE 8" PVC 4" FM V~P~ BAY DRIV~ ORM DRAIN VALVE ,N HOLE Wpl Civil EngineeFs Land Surveyors . Land Planners Landscape Architects 757.431 A041 proj. no. 208-1849 dote: 11/ /0.3 file: R-W AGREEMENT .dwg tech: PR proj.man.: EAG principle: WRP project: COMMENTS: RED TREE CIRCLE GARDEN LINKHORN BAY, SEC. B (M.B.185, PG.39) sheet 2 of 3 scole:J drawing title: i 1'I80' JENCROACHMENT AGREEMENT PLAT I PLANT SCHEDULE R. PRITGHARD No. Wpl Civil Engineers Land Surveyors · Land Planners Landscape Architects 757.431.1041 proj, no. 203-1849 sheet ,3 of .3 drawing nc.C_1.0 date: 11/ /03 file: R-W AGREEMENT .dwg tech: PR proj.man.: EAG principle: WRP project: scale: 1"40' COMMENTS: RED TREE CIRCLE GARDEN LINKHORN BAY, SEC. B (M.B.185, P0.39) drawing title: ENCROACHMENT AGREEMENT PLAT LOCATION MAP SHOWING REDTREE COURT NORTH OF BAY COLONY DRIVE SCALE: 1" = 200' REDTREE CT.DGN M.J.S. PREPARED [3Y P/W ENG. CADD DEPT. FEB, 2004 CITY OF VIRGINIA BEACH AGENDA ITEM TEM: Encroachment Request to construct and maintain a boat lift on City owned property known as Lake Rudee adjacent to 726 Kennedy Avenue. MEETING DATE: April 13, 2004 Background: Glenn A. and M. Nicole Williams desire to construct and maintain a proposed 10'x 10' boat lift on City owned property known as Lake Rudee adjacent to their property at 726 Kennedy Avenue. Considerations: City staff has reviewed the requested encroachment and has recommended approval of same, subject to conditions outlined in the agreement. · Public Information: Advertisement of City Council Agenda. Alternatives: Approve the encroachment as presented, deny the encroachment or add conditions as desired by Council. Recommendations: Approve the request subject to the terms and conditions of the agreement. Attachments: Ordinance Location Map Agreement Plat Recommended Action: Approval Submitting Department/Agency: Public Works ~7 ~, City Manage~~'~ )~- 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF CITY OWNED PROPERTY KNOWN AS LAKE RUDEE, BY GLEN A. WILLIAMS AND M. NICOLE WILLIAMS , THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Glen A. Williams and M. Nicole Williams desire to construct and maintain a 10' x 10' boat lift within the City owned property known as Lake Rudee adjacent to property located at 726 Kennedy Avenue. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Glen A. Williams and M. Nicole Williams, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a proposed 10' x 10' boat lift in the City owned property known as Lake Rudee as shown on the map entitled: "Exhibit A, PIER AND DAVITS IN: LAKE RUDEE AT LOT B1, KENNEDY AVE., VIRGINIA BEACH, VA 23456, APPLICATION BY GLEN WILLIAMS," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and 27 28 29 30 31 32 33 34 35 36 37 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Glen A. Williams and M. Nicole Williams (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Glen A. Williams and M Nicole Williams and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the __ day of ,2004. 38 39 40 41 42 43 44 45 46 47 48 49 ~P_~PROVED AS TO CONTENTS ,~I~NATURE DEPARTMENT APPROVED ASTO LEGAL SUFFICIENCY AND FO. EM CITY ATTORNEY CA-qlq~ PREPARED: 03/0N04 ?REPARED BY VLRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(aX3) kND 58.1411 (c)(4) REIMBURSEMENT ~UTHOmZED UNDER SECTION 25-249 THIS AGREEMENT, madethis /g .dayof /~q~,yf? ,2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and GLEN A. WILLIAMS AND M. NICOLE WILLIAMS, HUSBAND AND WIFE, THEIR HEIRS, ASSIGNS AND SUCCESSORS 1N TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot B-l, Block 40, Shadow Lawn Heights" and being further designated and described as 726 Kennedy Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a boat lift the "Temporary Encroachment , tn the C~ty of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake !! Rudee the Encroachment Area; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing °r t° accrue t° the Grantee and f°r the further c°nsiderati°n °f One D°llar ($1 '00)' in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2417-01-3257 permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachmem will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particnlarly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat emitled: "PROPOSED PIER AND DAVITS IN: LAKE RUDEE AT: LOT B 1, KENNEDY AVE., VIRGINIA BEACH, VA 23451, APPLICATION BY: GLEN WILLIAMS," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed ~om the Encroachment Area i by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agems and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein comained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 2 It is further expressly understood and agreed that the Grantee agrees to maintain the temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The ii Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost st in any dbylaw fo thereofto the Grantee, and collect the co manner provide r the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax uP°n the land s° °ccupied ifit were °wried by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City nay impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day hat the Temporary Encroachment is allowed to cont'mue thereafter, and may collect such :ompensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Glen A. Williams and M. Nicole W'fllams, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: City Clerk By City Manager/Authorized Designee of the City Manager M. Nicole Williams 4 ;TATE OF VIRGINIA IITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2004, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGEK Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. "My Commission Expires: Notary Public STATE OF ~(V~(R CIT~Y/COUNTY OF x,/~r~(~ ~e~-~, to-wit: The foregoing instrument was acknowledged before me this ,~'Ud~_.~ ,2004, by Glen A. Williams. day of My Commission Expires: - kNotary Public STATE OF k/ff§i~ic~ CITY~/COUNTY OF Xh'*'~(vxi~ "~2~o.~_ , to-wit: The foregoing instrument was acknowledged before me this ~vun,v~ .2004, by M. Nicole Williams. day of My Commission Expires: ~ov~)~.~ go, zoos Notary Public APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY APPROVED AS TO CONTENT CiTY REAL ESTATE AGENT Rev. 07-24-02 6 LAKE RUDEE N,ML AT 101.97' NOTE: MLW O.O AT TOET OF EXIS11NG RIPRAP. MHW 3.0 HALF:WAY UP £XI$'RNG RIPRAP. EXHIBIT "A" 9 10 N./~ M_R_ MONDON ', S.W. t~cCHESNEY[ 11 12 PLAN VIEW SCALE 1" = 30' NNL AT 70.10' PROP_ 3--S--FRM LOT B--1 tPF CONSUL~NG. INC_ ALL RIGHTS RESERVED. 15 N/F M.L BEIP;.NCOURT WATERFRONT CONSULTING, INC 1112 JEN.SEN DRIVE;, STE. 206 VIRGINIA BEACH, VA 23451 PHONE,/FAX: (757) 425-8244 ENGINEERING SER¥1CES PRO¥iDED BY: BRYANT B: GOODLOE. P.C. _~HE_~_I ~ ~, PHONE: (757)238--38.35 ~A-T'E: MARCH 19,"2002 ~, PURPOSE: BOATING ACCESS DATUM: MLW = 0.00' A.P.O.'S 1. MARY R. MONDON 2_ T.L HARP 3. LEONARD H. BURNS, JR. 4-. SHIRLEY W. McCHESNEY 5. MICHAEL L BETTENCOURT KENNEDY AVENUE (50') PROPOSED PIER AND DAV]TS IN: LAKE RUDEE AT: LO'[ B1, KENNEDy AVE. VIRGINIA BEACH, VA 254-51 APPUCATION BY: ~ WILLIAMS ' LANE RUBEE ', \\ EXHIBIT "A" NOTE: blLW O.O AT OF EXISTING RIPRAP. MHW 3.0 HALF:WAY UP £XIS~NG RIPRAP. 9 10 N/F; M_R. MONDON F:I-Cc_E: S.S ,PLAN VIEW SCALE 1" = 30' iP NAIL AT 70.10' PROP. 3--S--FRM LOT B--1 N/F M.L BE'I-tE. NCOORT PURPOSE: BOATING ACCESS DATUM: MLW = 0.00' A.P.O.'S 1. MARY R, MONDON 2. T.L HARP 3. LEONARD H. BURNS, dR. 4., SHIRLEY W. McCHESNEY WATERFRONT CONSULTING, INC 1112 dENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PHONE/FAX: (7.57) 425-824q. , GLEN W1LLIAMS 5. MICHAEL L 8ETTENCOURT ENGINEERING SERVICES PROVIDED BY- .'~-',.r'r · Ar . BRYANT B; GOODLOE P C ' ,-,,-L~L [ ~ r ~ PHONE: (757)2~§2~3~.~:~' ~C~: MARCH 19,-~2002 ~' CONSULTING. INC. ALL RIGHTS RESERVED. KENNEDY AVENUE AT: LOT B1. KENNEDY AVE. V1RGINIA BEACH, VA 23.451 APPLICATION BY: 11 ', S.W. I~cCHESNEY~ 12 13 #726 KENNEDY AVE. LAKE RUDEE LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY GLEN A. WILLIAMS AND NICOLE WILLIAMS INTO CITY PROPERTY KNOWN AS LAKE RUDEE ADJACENT TO 726 KENNEDY AVENUE 1" = 200' KENNEDY .DGN M.].S. PREPARED BY P/W ENG. CADD DEPt. MARCH 2004 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Appropriation Request for Virginia Beach Public Library Department MEETING DATE: April 13, 2004 · Background: The City of Virginia Beach has made a strong commitment to serving our multicultural population by choosing Diversity as one of its Core Strategies, whereby all departments are encouraged to "value and promote...diversity in race, culture, and ethnicity as a Community strength and as an important part of being an American." Challenged to address this goal in service to library customers, the Virginia Beach Public Library formed a Foreign Language Team to research our community's population and information needs and to analyze those findings. The recommendation was made to the Library Director to develop a Foreign Language Materials Collection in the Virginia Beach Public Library. A review of data from the 2000 Census reveals two significant ethnic populations in Virginia Beach. Asian residents make up 4.9% of our population, with 70% of that group being Filipino. Hispanic residents comprise 4.2% of our population. These two groups significantly outnumbered all other ethnic groups in Virginia Beach except African Americans. Data was then collected from reports and educators in the Virginia Beach Public Schools. In addition to Tagalog and Spanish, the collection will include other languages taught in the schools: Russian, Japanese, French, German, and Latin. The Library Foundation allocated $7,000 and the Friends of the Library allocated $2,000 to be used for this initiative. These funds have yet to be appropriated. · Considerations: The Library Department has set aside $7,000 of the materials budget to fund this collection. However, additional funds are needed from other organizations and sources to implement this collection successfully. · Public Information: Library public service staff, library managers, social services staff, public schools officials, health department officials, community leaders, representatives of area ethnic groups, Federal agencies, and other local and national public libraries were consulted. Public information for the Foreign Language Materials Collection will be handled through established City procedures. · Alternatives: Although supplemental funding opportunities exist, these funds from the Library Foundation and Friends of the Library are crucial for the Foreign Language Materials Collection to be developed and in place for the projected October 2004 unveilng. · Recommendations: it is recommended that the City Council appropriate this $9,000 donation so that foreign language materials can be purchased. · Attachments: None Recommended Action: Approval of appropriation Submitting DepartmentJAgency: Virginia Beach Public Library/~/~ City Manager~~Y~-~'~Y~ AN ORDINANCE TO ACCEPT AND APPROPRIATE $9,000 FROM DONATIONS TO THE FY 2003-04 OPERATING BUDGET OF THE LIBRARY DEPARTMENT TO DEVELOP A FOREIGN LANGUAGE MATERIALS COLLECTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $7,000 donation from the Library Foundation and a $2,000 donation from The Friends of the Library are hereby accepted and appropriated to the FY 2003-04 Operating Budget of the Library Department to develop a foreign language materials collection in the Virginia Beach Public Library. 2. That revenue from donations in the FY 2003-04 Operating Budget is hereby increased by $9,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the __ day of ,2004. 18 19 2O 21 22 23 CA~9197 H:\PolicyandAdministration\GG\Ordinances& Resolutions\Libraryl.ord.doc March 24, 2004 APPROVED AS TO CONTENT: ~a~g~ement Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Transfer $895,868 from Beach Replenishment, ClP 8-008 to Rudee inlet Infrastructure Improvement, CIP 8-006 MEETING DATE: April 13, 2004 · Background: Bids were opened on March 9 for the Rudee Inlet Infrastructure Improvement Project, CIP 8-006. Steel cost escalation and other factors combined to drive the bid price above available funds. The Iow bid for the contract was $3,771,683; available funds total $3,282,982. Additional funds of $518,700 are needed to award the base bid, an additional $377,168 is needed to restore the contract contingency fund for the project, totaling $895,868. Because of a delay in the original plan for Resort Beach replenishment related to FY '04 federal funding availability, funding is available for transfer from the Beach Replenishment Project, ClP 8-008. Replacement of these funds will be included in the FY 05/06 Capital budget. Hopefully the issue of federal support for beach restoration will be resolved. · Considerations: The project will restore the inlet's aging infrastructure and extend the north jetty to enhance the maintenance of navigation through more efficient use of dredging resources and additional protection from shoaling. Certain portions of the work are necessitated as conditions of the environmental permits for maintenance dredging of the inlet. · Public Information: Several public meetings have been conducted to relate the study and design phases of the Rudee Inlet Infrastructure Improvement Project. The bidding of the construction phase of the project was advertised in accordance with State procurement regulations. · Alternatives: A reduction of scope and subsequent re-bid of the project would be necessary as an alternative to the fund transfer. The scope reduction necessary for this purpose would require the deletion of the north jetty extension. · Recommendations: Adopt the ordinance and transfer the funds. · Attachments: Ordinance Recommended Action: Adopt the Ordinance Submitting Department/Agency: Public Wo ~rl~ 8 9 10 11 12 13 14 15 16 17 18 19 1 2 3 4 5 6 AN ORDINANCE TO TRANSFER $895,868 FROM CAPITAL PROJECT #8-008, BEACH REPLENISHMENT, TO CAPITAL PROJECT #8-006, RUDEE INLET INFRASTRUCTURE IMPROVEMENTS, TO COVER UNANTICIPATED INCREASES IN CONSTRUCTION COSTS BE BEACH, VIRGINIA: That $895,868 is Improvement Project Capital Improvement Infrastructure Improvements" to increases in construction costs. IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA hereby transferred from Capital #8-008, "Beach Replenishment" to Project # 8-006, "Rudee Inlet cover unanticipated Adopted by'the Council of the City of Virginia Beach, Virginia on the day of 2004. APPROVED AS TO CONTENT Management Services APPROVED AS TO LEGAL SUFFICIENCY City Atto~y's Office CA-9213 April 2, 2004 RI H:\PA\GG\ORDRES\RUDEE INLET ORD.DOC ITEM: MEETING DATE: CITY OF VIRGINIA BEACH AGENDA ITEM An Ordinance Authorizing the Reimbursement of a Police Officer for Legal Costs Incurred by Him In His Defense of a Criminal Charge that was Dismissed by the Court April 13, 2003 Background: A Virginia Beach Police officer was charged with the misdemeanor offense of destroying private property. The charge arose from the officer's performance of his duties as a City police officer. The charge against the officer was dismissed by the General District Court on January 12, 2004. The City Attorney's Office has reviewed the circumstances of the case and determined that fees charged are reasonable. Considerations: In situations where a law-enforcement officer is investigated, arrested, indicted, or prosecuted for an alleged cdminal act committed in the discharge of official duties, Section 15.2-1711 of the Code of Virginia authorizes local governing bodies to reimburse the legal fees and expenses incurred by such officer if no charges are brought, the charges are dismissed, or at trial the officer is found not guilty. Recommendation: Approval of ordinance. · Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Attorney AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF A POLICE OFFICER FOR LEGAL FEES AND EXPENSES INCURRED BY HIM IN HIS DEFENSE OF A CRIMINAL CHARGE THAT WAS DISMISSED BY THE COURT WHEREAS, a Virginia Beach police officer was charged with assault for actions arising out of the performance of his official duties; District Court on January was dismissed; WHEREAS, in the incurred legal fees WHEREAS, at a trial held in the Virginia Beach General 12, 2004, the charge against the officer defense of said charge, the officer and expenses in the amount of $1,500, and has requested the City to reimburse him for such fees and expenses; WHEREAS, Section 15.2-1171 of the Code of Virginia provides that "(i)f any law-enforcement officer shall be investigated, arrested or indicted or otherwise prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, and no charges are brought, the charge is subsequently dismissed or upon trial he is found not guilty, the governing body of the jurisdiction wherein he is appointed may reimburse such officer for reasonable legal fees and expenses incurred by him in defense of such investigation or charge"; WHEREAS, the City Attorney's Office has reviewed the circumstances of this case, assessed the itemized bill submitted by the officer's legal counsel, and determined that the legal fees and expenses incurred by the officer are reasonable. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Chief of Police is hereby authorized to expend funds in the amount of $1,500 from the FY 2003-04 Operating Budget of the Police Department for the purpose of reimbursing a police officer for legal fees and expenses incurred by him in his defense of a criminal charge brought against him arising out of the performance of his official duties. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. CA-9195 H/GG/ordres/legalfees. ord. doc R-3 March 26, 2004 APPROVED AS TO CONTENT: Police DepartmeJt- "~ APPROVED AS TO LEGAL SUFFICIENCY: 'ty Attorn~ O~f~ce L. PLANNING Application of CHRISTIAN CHAPEL ASSEMBLY OF GOD for a Conditional Use Permit for a church expansion at 2751 Salem Road (CUP re private school approved January 13, 1998, never activated). (DISTRICT 7 - PRINCESS ANNE) Application of LYNNHAVEN PRESBYTERIAN CHURCH for a Conditional Use Permit for a church expansion at 136 South Lynnhaven Road. (DISTRICT 6 - BEACH) THE B -ACON MARCH 28, 2004 StiNESA'CAPRII' 4; 2004 ~ 7 - ~N~ [~n Cha~l ~m~ ~ ~ ~i~on: c~onal U~ Pe~A for a ch~ch ~ 2751 ~lem R~. ~nh~en ~s~efian Church ~pli~on: Cond~onal U~ Pe~A for ~chu;~ (ex~nsi~) ~ 136 So~ L~n~n R~d. All int~e~e~ c~ens am invAed to a~end. R~ H~ ~, MMC C~ Cle~ B~CON: ~RCH 28 and ~L 4, 2~ NOTICE OF PUBLIC REARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, April 13, 2004, at 6:00 p.m. The following applications will be heard: DISTRICT ? - PRINCESS ANNE Christian Chapel Assembly of God Application: Conditional Use Permit for a church at 2751 Salem Road. DISTRICT 6 - BEACH 2L~nnhaven Presbyterian Church Application: Conditional Use Permit for a church (~xpansion) at 136 South Lynnhaven Road. All interested citizens are invited to attend. Ruth Hodges Smith, MMC City Cierk BEACON; MARCH 28 and APRIL 4, 2004 11283539 - 33 - Itum P UBI~(C ~.~1V(7 43098 Upon motion by Vice Mayor Se~$ortar, ~econded by Councilman Branch, City Council/IDOP~ED an Ordinance upon applt~atlon of ~ff_J~ITAGE C~I~S~4C~DFM~, 1NC. for a Conditional Lrse Permit: ORDINANCE UPON APPLIC~tTION OF HERITAGE CHP, JSTIM-~ AC~iDEM~,, ll~rc., FOR A cOArD,rlYON,4_L USE PERA~rl~ FOR A PPd-~A TE SCHOOL R 0 ] 9821 $ 9 BE 1T HEREBY ORDAINED BY ~7-IE COUNCIL OF TH~ CITY OF VIRGINIA BF-~CH, F1RGINIA Ordinance upon application of Heritage Christian Academy, Inc., for a Conditional Use l°ermit for a pri~ate school on the west side of Salem Road, north of P~nston Avenue. Said parcel is located at 2751 Salem Rond and contains 3.692 acres. PRINCESS ~f3fE BOROUGI¥. The following conditions shall be required; The e~isting building will be required to conform with the Americans with Disabilitie,~ Act (~IDA) and the National Building Code (~OCA) prior to commencing school nse of the building. No trees will be removed around the proposed playground area. $. The school will be limited to a maximum 55 students. This Ordinance shall be effective in accordance with Section 107 O~ of the Z~ning Ordinance. Adopted by the Council of the City of Virginia Beach, g~irginia, on the Thirteenth o£oranuarv. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linv~od O. Branch, HI, FFilllam R~. Harrison, Jr., Harold Heischober. Barbara M. Henley, Louis R. ,lone, v, Reba S. McClanan, Mayor Meyera E. Oberndo~, Nancy K. Parker, Vice Mayor William D. Se~sorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Coun~lMembers Absent: None Januaryl3, 1998 Supplemental Informatior Zonin.q History Map G-13 Mop Not %o Scole Christian God AG-I AG-I AG_2D CUP- Church I ACTION I DATE I REQUEST 1 1-13-98 8-12-91 2 11-28-88 3 3-25-85 Conditional Use Permit (Private School) Conditional Use Permit (Church) Subdivision Variance Conditional Use Permit (Addition to a cemetery) Approved Approved Approved Approved CHRISTIAN CHAPEL CITY OF VIRGINIA BEACH AGENDA ITEM ,, ITEM: Christian Chapel Assembly of God - Conditional Use Permit (church) MEETING DATE: April 13, 2004 · Background: An Ordinance upon Application of Christian Chapel Assembly of God for a Conditional Use Permit for a church on property located at 2751 Salem Road (GPINS 14834859920000; 14835900590000; 14835901080000; 14835992570000). DISTRICT 7 - PRINCESS ANNE · Considerations: The applicant wishes to obtain a Conditional Use Permit for an expansion to the existing church. The site is developed with a modular building, currently being used by the church, and a parking area. A Conditional Use Permit for a church was obtained in 1991. A Conditional Use Permit for a private school was approved in 1998, but was never activated. The proposed project will be phased, beginning with the construction of a multi-purpose building and fifty-(50) additional parking spaces. The proposed building will contain a sanctuary with seating for five hundred members, new restrooms, nursery area, baptistery with changing rooms, kitchen and storage area. The sanctuary will also be used as a fellowship area. Phase 2 of the project will connect the proposed building to the existing modular building via an enclosed hallway and foyer, and an open colonnade. The connecting hall / foyer and open colonnade is designed to screen the existing modular building and provide a new appearance for the church. The second floor of the addition will contain classroom space and an audiovisual room, and will be completed during Phase 3. Phase 4 of the proposed expansion will complete the parking area, relocate a shed and pave a recreational area. A new lobby and covered drop-off area is proposed for Phase 5. To complete the project, the roof on the existing modular building will be replaced with a trussed peaked roof to match the newer portion of the building. The church conducts services on Sunday at 8:15 a.m. and 11:15 a.m. Sunday school is held at 10:00 a.m. On both Saturday and Sunday, the chumh provides student ministries in the evening from 4:40 p.m. to 10:00 p.m. Prayer and children's club meetings are conducted on Wednesday evenings from 6:30 p.m. to 9:00 p.m. Staff recommended approval. There was opposition to the request. · Recommendations: The Planning Commission passed a motion by a recorded vote of 10-1 to approve this request with the following conditions: 1. The proposed additions to the church shall be developed substantially in accordance with the submitted conceptual site plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The proposed parking areas, recreation area, open-space area and landscaped areas shall be installed in accordance with the submitted conceptual site plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002, except only one entrance / exit to the site from Salem Road shall be allowed. The location of the proposed entrance / exit will be determined during detailed site plan review. 3. The proposed building shall be constructed substantially in accordance with the submitted elevation plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning. 4. The proposed building shall be constructed to comply with appropriate sound attenuation measures for structures located within an AICUZ noise zone of more than 75dB Ldn. · Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager:~¢-~ G13-212-CUP-2003 CHRISTIAN CHAPEL ASSEMBLY OF GOD Agenda Item # 7 March 10, 2004 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information The Planning Commission deferred this request on December 10, 2003 due to the uncertainty surrounding issues related to AICUZ. Under the Interim AICUZ Guidelines, this application, as it was submitted prior to February 3, 2004, may be heard by the Planning Commission and the City Council based on its merits. REQUEST: Conditional Use Permit for a Church LOCATION: Property located at 2751 Salem Road CHRISTIAN CHAPEL Agenda Item # 7 Page I GPIN: 14834859920000;14835900590000;14835901080000; 14835992570000 COUNCIL ELECTION DISTRICT: SITE SIZE: EXISTING LAND USE: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: 7-PRINCESSANNE 6.6 acres The Christian Chapel Assembly of God occupies the site. Portions of the site are heavily wooded. North: · Single-family dwelling and undeveloped parcels / AG-1 and AG-2 Agricultural Districts South: · Single-family dwelling and heavily wooded undeveloped parcels / AG-1 and AG-2 Agricultural Districts East: · Salem Road · Across Salem Road are single-family dwellings and undeveloped parcels / AG-1 and AG-2 Agricultural Districts West: · Heavily wooded parcels / AG-1 and AG-2 Agricultural Districts (Pending change of zoning to Conditional R-20 Residential District and a Conditional Use Permit for an Open Space Promotion) The rear portion of the site is heavily wooded. The applicant had the area inspected by the U.S. Army Corps of Engineers, the Virginia Department of Environmental Quality, the Virginia Marine Resources Commission and the City of Virginia Beach Waterfront Operations Section of the Planning Department and reports that the project does not require any special permits or approvals. The applicant proposes to maintain this area as open space. The site is in an AICUZ of greater than 75dB Ldn surrounding NAS Oceana and NALF Fentress. The United States Navy comments that the proposed expansion is not compatible with the surrounding airfield operations. CHRISTIAN CHAPEL Agenda Item Ct 7 Page 2 Summary of Prol The applicant wishes to obtain a Conditional Use Permit for an expansion to the existing church. The site is developed with a modular building, currently being used by the church, and a parking area. A Conditional Use Permit for a church was obtained in 1991. A Conditional Use Permit for a private school was approved in 1998, but was never activated. The proposed project will be phased, beginning with the construction of a multi-purpose building and fifty-(50) additional parking spaces. The proposed building will contain a sanctuary with seating for five hundred members, new restrcoms, nursery area, baptistery with changing rooms, kitchen and storage area. The sanctuary will also be used as a fellowship area. Phase 2 of the project will connect the proposed building to the existing modular building via an enclosed hallway and foyer, and an open colonnade. The connecting hall / foyer and open colonnade is designed to screen the existing modular building and provide a new appearance for the church. The second floor of the addition will contain classroom space and an audiovisual room, and will be completed during Phase 3. Phase 4 of the proposed expansion will complete the parking area, relocate a shed and pave a recreational area. A new lobby and covered drop-off area is proposed for Phase 5. To complete the project, the roof on the existing modular building will be replaced with a trussed peaked roof to match the newer portion of the building. The church conducts services on Sunday at 8:15 a.m. and 11:15 a.m. Sunday school is held at 10:00 a.m. On both Saturday and Sunday, the church provides student ministries in the evening from 4:40 p.m. to 10:00 p.m. Prayer and children's club meetings are conducted on Wednesday evenings from 6:30 p.m. to 9:00 p.m. CHRISTIAN CHAPEL Agenda Item # 7 Page 3 Proposed Site Plan I CHRISTIAN CHAPEL Agenda Item # 7 Page 4 Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. · Consistency with the Comprehensive Plan recommendations for the area. · Compatibility with airfield operations surrounding NAS Oceana and NALF Fentress. · Compatibility with the surrounding uses. Comprehensive Plan The Comprehensive Plan Map designates this area of the city as the Transition Area, an area planned for appropriate growth opportunities, consistent with the economic vitality policies of the city. Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified at the beginning of this report. The proposal's strengths in addressing the 'Major Issues' are (1) The request for a Conditional Use Permit is consistent with the recommendations of the Comprehensive Plan. The proposed multipurpose building is modern in design, using spilt-face block, dryvit and a standing seam metal roof to provide CHRISTIAN CHAPEL Agenda Item # 7 Page 5 architectural relief in the building. Additionally, as discussed in the Comprehensive Plan Policy Document under the Citywide issues and Policies, the character of existing neighborhoods should be preserved and protected against inappropriate land use intrusions while recognizing the legitimate need for a limited amount of compatible support activities. Even though the surrounding homes in the immediate area are not situated in what one would typically think of as a "neighborhood", a neighborhood does exist, and a church is a compatible accessory use within a neighborhood. (2) While the United States Navy opposes any additions to the church because the site is within the high AICUZ of greater than 75dB Ldn, staff believes that sufficient building code requirements exist to adequately buffer the building from the overhead jet noise. Additionally, the primary church services are held during off-peak flight times. (3) The church has been conducting church services on this site for over ten years and has shown that it is compatible with the surrounding uses. Staff concludes that the proposed expansion is appropriate and should ensure that the current compatibility of the use continues into the future. Staff, therefore, recommends approval of this request with the conditions below. Conditions 1. The proposed additions to the church shall be developed substantially in accordance with the submitted conceptual site plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The proposed parking areas, recreation area, open-space area and landscaped areas shall be installed in accordance with the submitted conceptual site plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002, except only one entrance / exit to the site from Salem Road shall be allowed. The location of the proposed entrance / exit will be determined during detailed site plan review. 3. The proposed building shall be constructed substantially in accordance with the submitted elevation plan titled "A New Worship Center for CHRISTIAN CHAPEL ASSEMBLY OF GOD", prepared by Barnes Design Group and dated April 15, 2002. Said plan has been exhibited to the City of Virginia Beach City Council and CHRISTIAN CHAPEL Agenda Item # 7 Page 6 is on file in the City of Virginia Beach Planning. 4. The proposed building shall be constructed to comply with appropriate sound attenuation measures for structures located within an AICUZ noise zone of more than 75dB Ldn. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. CHRISTIAN CHAPEL Agenda Item # 7 Page 7 Supplemental Informati¢ Chr snan God AG-2 AG-I / CUP- Church 0 AG-20 ~ o I#1DATE IREQUEST ACTION '1 1 1-13-98 Conditional Use Permit (Private School) Approved 8-12-91 2 11-28-88 3 3-25-85 Conditional Use Permit (Church) Subdivision Variance Conditional Use Permit (Addition to a cemetery) Approved Approved Approved CHRISTIAN CHAPEL Agenda Item # 7 Page 8 Public A.qency Comments Public Works Master Transportation Plan ('MTP): Salem Road in front of this site is a two-lane undivided minor suburban arterial. It is designated on the Master Transportation Plan as a 100-foot divided right-of-way with a multi-use trail and a scenic easement. Sufficient right-of-way width exists along the frontage of the site. The site will only be allowed one access from Salem Road. The location of the single access shall be determined during detailed site plan review. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use z - 73 / 293 on 5,500 13,600 Sunday Salem Road ADT ~ ADT ~ Proposed Land Use 3_ 137 / 549 on Sunday ~ Average Daily Trips Zas defined by a Church 3as defined by a Church Public Utilities Water: The site is served by well water. Health Department approval for the additions shall be obtained. Sewer: The site is served by a septic system. Health Department approval for the additions shall be obtained. Public Safety Police: IThe 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. CHRISTIAN CHAPEL Agenda Item # 7 Page 9 Fire and Rescue: Fire code permits will be required at the time of occupancy. The applicant should contact the Fire Department for further information. Fire lanes may be required after occupancy. Fire hydrants shall be located within 400-feet of a commercial structure. CHRISTIAN CHAPEL Agenda Item # 7 Page 10 :Exhibits Exhibit A Aerial of Site Location CHRISTIAN CHAPEL Agenda Item # 7 Page 11 Exhibit B Proposed Site Plan CHRISTIAN CHAPEL Agenda Item # 7 Page 12 Exhibit B-2 Proposed Site Plan (DETAIL) I CHRISTIAN CHAPEL Agenda Item # 7 Page 13 Exhibit C Proposed Building · Fl~_v~ficsn CHRISTIAN CHAPEL Agenda Item # 7 Page 14 Exhibit C-2 Proposed Building Rendering CHRIS~IAN CHAPEL Agenda Item # 7 Page 15 Exhibit C-3 Proposed Building Rendering CHRISTIAN CHAPEL Agenda Item # 7 Page 16 Exhibit D Disclosure Statement DIScLoSURE STATEMENT~ APPLICANT DISCLOSURE If the applicant is a CORPORATION~ {ist all officers of the Corporation below: (Attach list if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list/f ~ecessal'j/) 0 Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization, If the applicant is not the current owner of the proper~y, complete the Property Owner Disclosure section below: PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation betow: 4ttach list if necessa~/) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if [] Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. 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. Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name CHRISTIAN CHAPEL Agenda Item # 7 Page 17 Exhibit E Supplemental Information DEPARTMENT OF THE NAVY 5726 Ms. Faint Christie City of Virginia Beach Department of Planning 2405 Courthouse Drive Suilding 2, Room lO0 Virginia Beach, VA 23456-9040 Dear Ms. Christie: Thank yon for ute opportunity nc review the Conditional Use Permit Application by Christian Chapel Assem~!y of Ged. The Navv's Air Installations Compatible Use Zones (AICUZ) Program ccn~iders the proposed expansion of their facility on Salem Roa!~ ncr compatible with airfield operations. This site is located approximately five mlies southwest of Naval Air Station (NAS) Oceans and three miles north of Naval Auxiliary Landing Field ~NALF) Fentress in the greater than 75 decibel (dB) day-night average (Ldn) noise zone. There are several key flight tracks that pilots use to navigate to and from NAS Oceans and MALF Fentress -~ + concern us as does the size of the expansion. NALF Fentress Field Carrier Landing Practice pattern affects this area as do overhead arrivals, and inter-facility arrivals and departures nc and from NALF Fentress that fly directly over this property. We are not in agreement to exposing an expanded congregation to flight operations. The multi-purpose building that includes the church sanctuary, classrooms and nursery are subject to high single ~', ~'~ ' in iaoding configuration ..~..nt noise levels- An Hornet the levels that will be t~pical for ~ a~ la%~: night straight in arrivals ~ ~ NAL[' m~,''~e== AE an altitude oz i5C~ level of 106 decibels and the Super Horde5 is iiC ...... 1 . ~ts duration. So, for an aircra£~ f!ycver it ~,~1 ..... Doth r~/isic concert is approxima[ely i10 decibe].s. NAS Oceans and NALF Fentress are 24-hour facilities- CHRISTIAN CHAPEL Agenda Item # 7 Page 18 Exhibit E-2 Supplemental Information Set 32/ 0432 November 17, 2003 The Navy acknowledges the landowners' desire Ye develop their property, but I urge you 50 deny ~heir request. If you have any questions, please contact my CommuniEy ?]a~ing Liaison Officer, Mr. Ray Firenze at ('?S?) 433-3158. Sincerely an~ very respectfuliyt Copy to: COMNAVREG Y. IDLANT (00/N02B) LANTD!V Regional Engineer, Oceana Mayor .~<eyera Oberndorf Virginia Beach City Council Virginia Beach Planning CHRISTIAN CHAPEL Agenda Item # 7 Page 19 CHRISTIAN. CHAPEL Our Cities --- Our Field John 4:35 'rom Conant - Senior Pastor Doug Crabb - Spiritual Life Pastor Adrian Srhoonmaker · Student Ministries Pastor February 2, 2004 Ms. Faith Christie City of Vkginia Beach DelYm tt~ent of Planning 2405 Courthouse Drive Building 2, Room 100 Virginia Beach, VA 23456-9040 Dear Ms. Christie, I have read over the letter received by your office from the commanding officer of NAS Oceana regarding our Conditional Use Permit Application which recommended denial of our request. I would like to offer some insights that may be pertinent. Firstly, Christian Chapel has served the community of Virginia Beach at the same location on Salem Road for over eleven years. During that time there has never once been a time when the "sound of freedom" from Navy jets has interfered with or bothered any service or event. We have never received any complaint of noise causing distress for any of our members. We have never had to interrupt a class session or sermon due to high jet noise. It has simply NEVER been an issue.' Secondly, our largest public gatherings are on Sunday morning. Having served in the Navy, it is my understanding that flight operations (for training) are not conducted at that time. In fact, I cannot recall ever heating a jet fly over on Sunday mornings. In addition, Christian Chapel is not a 24-hour facility. Late night flight operations have no bearing on our congregation since no one is here at that time of day. Thirdly, the increase of noise level with the arrival of the F/A~I $ Super Hornet is only 5 decibels above current levels. If we have not been bothered up to tiffs point, 5 decibels more will not make a difference. Finally, the volume of music dunng our services of praise and worship very likely approaches that of a rock music concert and we probably would not notice a jet flying over anyway. Christian Chapel serves a vital need in our community among civilians and navy personnel alike· In order to serve a growing community we must grow. Our congregation includes a large percentage of active duty and retired military members. We support the Navy's need for mining and applaud their efforts to keep pilots at a high level of readiness. We would never request any changes to their flight operations schedules nor deny the Navy its use of local airfields. Because of this and the masons stated above, we disagree with the assertion that expansion of our facilities is not compatible with airfield operations. We understand the Navy's desire to limit noise exposure in residential areas and note with pleasure that the Virginia Beach City Council is working closely and purposefully with the Navy to find a solution that meets both the Navy's and the city's needs. Your concern and hard work is deeply appreciated. Please add this to the file contaimng our Conditional Use Permit Application. If you have any questions, please contact me at (757) 427-9371. Held~ Cn'ac~e, Rev. Tom Conant, Pastor Copy to: Mayor Meyera Oberndorf Virginia Beach City Council Virginia Beach Planning Commission Item #7 Christian Chapel Assembly of God Conditional Use Permit 2751 Salem Road District 7 Princess Anne March 10, 2004 REGULAR Dorothy Wood: The next item is the Christian Chapel Assembly of God. It's a Conditional Use Permit for church expansion. Is there someone here representing the Christian Assembly? Hello sir. Chandler Talbert: My name is Chandler Talbert. I'm a Trustee at Christian Chapel. Dorothy Wood: Thank you Mr. Talbert. Can you tell us about what you're doing? Just a little bit please. Chandler Talbert: Yes. Christian Chapel has been on Salem Road for a number of years. We built there originally on undeveloped land. We've grown. Our congregation has grown, and we have basically outgrown our building. We just want to expand. Dorothy Wood: That's a good thing isn't it? Chandler Talbert: It's a very good thing. Dorothy Wood: Are there any questions? Robert Miller: At one time, I think we had some information that perhaps there was a school at the site? Is there no school at that site at this point? Chandler Talbert: No sir. The school didn't materialize. It couldn't get enough children to commit to come to the school. It was going to be a pre-school. It just didn't pan out. Robert Miller: How many parishioners do you have right now? Chandler Talbert: About 200. I think that's average attendance. Robert Miller: Okay. Dorothy Wood: Mr. Crabtree? Eugene Crabtree: One sheet is says it's a Conditional Use Permit for parking lot and then in the proposed project it talks about building new construction. Are you doing just the parking lot or are you requesting additional buildings? Item #7 Christian Chapel Assembly of God Page 2 Chandler Talbert: I don't know what you were looking at. I was looking at what was in the agenda item. It's for a building. It's a three-phase project. Eugene Crabtree: I saw that in one. And on one sheet that I have that staffgave us says it's for a parking lot. In addition to additional spacing and you be building new construction? Chandler Talbert: Yes sir. Dorothy Wood: Thank you. Are there any other questions? Thank you sir. Chandler Talbert: Thank you. Dorothy Wood: Thank you very much for coming. Is there any opposition? Joseph Strange: In opposition, we have Bobby Rountree representing the U.S. Navy. Dorothy Wood: Welcome Bobby. It's always good to have you with us. Bobby Rountree: Good afternoon. My name is Bobby Rountree. I'm here representing NAS Oceana. With regard to the proposal, I pulled from the Planning Department, the proposal states that the proposed building will contain a sanctuary for seating of 500 members, new restrooms, a nursery area, and it will also contain classroom space and an audio/visual room. That is what I'm here to talk about this afternoon, not just a parking lot. I'm here on behalf of the Navy, more importantly, the future additional members of this congregation that do not have the ability to come here today. I'm speaking in opposition of the planned expansion. The proposed site is located approximately 5 miles southwest of Oceana, three miles north of Fentress in the greater than 75 decibel noise zone. As you know, it's on the western side of the transition, which is under the main thoroughfare to and from Ocean's Runway 5. It's also in the vicinity ofF. Donald Reid and VA-CAR Developments, which have recently come through here. Runway 5 has accounted for 42 percent of our 201,000 operations in 2003. Aircraft on approach to that runway come through there at about 1,000 feet at 108 decibel's F-18, using the current model we have here, 114 decibels soon to be this fall, and when they soon will be arriving at Oceana and operating out of that installation. If you break down the proposal, the classroom space, which is part of it is in the greater than 75 decibel average noise level, which is incompatible with the Navy's AICUZ program, as is a nursery or daycare center. We ask that you please consider our concerns on your way to the recommendation to Council, and we do view further development in this area as incompatible for the mission of NAS Oceana. Thank you. Dorothy Wood: I think he was talking about the daycare on Sunday mornings. It's not a school. Did you realize that? Bobby Rountree: Yes. Item #7 Christian Chapel Assembly of God Page 3 Dorothy Wood: And, also I believe that he really hadn't noticed any flights going over on Sunday mornings. Bobby Rountree: It seems that anyone that comes here with a proposal doesn't happen to notice the aircra~ in recent months. Dorothy Wood: Are there any questions? Mr. Miller? Robert Miller: Mr. Rountree, in your guidelines under your instruction, obviously this is a Use that you have identified as one that is not compatible in your AICUZ areas? Bobby Rountree: Yes sir. Robert Miller: In any AICUZ area or in any noise zone? Bobby Rountree: In the greater than 75 decibel is what I researched this morning before coming here today. Robert Miller: Would it be applicable in another? Bobby Rountree: I would have to research that. I don't want to shoot off. Robert Miller: And, since this land owner already has this church and has been here for some period of time, you would always looking at your notes if there is another land use you would certainly encourage that, what land use would you encourage at this site? Bobby Rountree: There is probably in the vicinity of 40-50 compatible land uses per the AICUZ instruction. I would recommend any one of those would be highly supported by NAS Oceana. Robert Miller: So, NAS Oceana would actually recommend another land use for this church site? Bobby Rountree: Certainly. Robert Miller: And not a church? Bobby Rountree: The existing church is there. The pre-existing non-conforming land use, a term you are all very familiar with, and it's there. There is nothing we can do about that. A decision was made at some point in time, but the future exposure of congregation and again, I know it's predominately in the Sunday morning time frame, historically Oceana doesn't operate heavily during that time of day. The one thing we don't know is how it is going to play out in the future, is the Navy's new fleet ratings plan in response to war on terror. National Command Authority Tasking could change the way that installation runs on any given day and could start impacting members of the Item #7 Christian Chapel Assembly of God Page 4 congregation in the morning. It also says there would be some Wednesday evening prayer and children club from 6:30 to 9:00, which is a predominately pretty busy time historically for Oceana/Fentress. Robert Miller: So, what you would say is that you would recommend the existing church stay the way it is and not grow or expand? Bobby Rountreo: Yes sir Robert Miller: Thank you. Dorothy Wood: Are there any other comments? Ronald Ripley: My questions are along the same line. The exact question that I was going to ask is what other land use would you put there? You've answered by saying the existing use is appropriate that's there. Did you not say that? Bobby Rountree: We wouldn't ask them to move their existing facility. Ronald Ripley: But you're objecting to them expanding slightly? Bobby Rountree: Yes sir. It's the increase of the density of the people that is the concern of the Navy. Exposing them to the excessive noise and/or the accident potential zones historically where the aircraft operate close to the airfield. As you are all aware, anywhere basically inside of their traffic pattern to and from Oeeana there is potential or mishap, however small, and that's the concern that we have. It's the concentration of people and increasing that concentration. Dorothy Wood: Mr. Rountree, when a church has a certain number of people normally, they join a church perhaps not because of a new building but because of other reasons. Do you think they would have more members because they built another or that their present members would be more comfortable? Bobby Rountree: I don't think I'm in a position to answer that. If they would grow or not, I can't answer that. Dorothy Wood: Any other questions? Bob? Robert Miller: It's going to sound like I'm picking on you and to some extent it does but it's probably not new to you, unfortunately. On Oceana, are there chapels on Oceana? Bobby Rountree: Yes sir. Robert Miller: Are any of them new? Item #7 Christian Chapel Assembly of God Page 5 Bobby Rountree: Not that I'm aware of. Robert Miller: Any of them going to expand? Bobby Rountree: Not that I'm aware of. Robert Miller: Ever? Bobby Rountree: There's no current plans to expand any chapel on Oceana or Dam Neck. Robert Miller: As you increase the number of people at Oceana, it would seem like that's in the realm of possibilities, that facilities on the base would have to be expanded. Bobby Rountree: If that was the case. But the population of Oceana is going to decrease under East Coast base. I know the Super Hornet by almost 3,000 personnel reduction. Robert Miller: So, we're not going to have any expansion on Oceana of housing or commissaries? Bobby Rountree: Commissary recently completed all the installation. Robert Miller: It's the AICUZ zone isn't it? Bobby Rountree: It's in the high noise zone. Yes sir. Robert Miller: It seems like we have a land owner here who has certainly some vested rights, and it seems a little bit tough on those folks to say, "well, you got a nice church and you're allowed to have the same number of people you have right now, but you have to go out in our community, the quality of life, we would certainly encourage, and that is part of the quality of life that you can't come here. You have to go somewhere else outside the AICUZ to go to church. Bobby Rountree: It's a tough decision. I'm glad you're making it and not me. I'm just making a recommendation. Robert Miller: I'm just amazed that you're making the recommendation. Dorothy Wood: Are there any other comments Mr. Rountree? Bobby Rountree: No ma'am. Dorothy Wood: Thank you so much for coming. Sir, would you like to come back up? Do you have any other comments sir? Item #7 Christian Chapel Assembly of God Page 6 Chandler Talbert: I'd just like to say that we've been there ten years and we've never had one complaint at all about noise. Planes do fly over there on Sunday. Actually, I think our worship service is louder. Dorothy Wood: Than the plane? Chandler Talbert: Yes. Robert Miller: Maybe you're bothering the planes. Chandler Talbert: I understand the Navy's position. Dorothy Wood: Certainly, they all support the Navy. Janice Anderson: Excuse me. Dorothy Wood: I'm sorry. Jan? Janice Anderson: Just curious. Your congregation, is that mainly fi.om the area surrounding your church out there on Salem Road? Chandler Talbert: No it's not. We have people from Suffolk that come to our church. Of course, I think the large portion is within a five-mile radius. Janice Anderson: Thank you. Chandler Talbert: I did want to state to that quite a few of our people, including myself, are retired military. Our pastor is retired military. Dorothy Wood: Thank you sir. Are there any other comments? Any discussion? Robert Miller: I'm at a loss to vote against it. I think the church has rights to be able to use the property. I think we certainly won't incur that aspect of our quality of life in our City. I believe the Navy would certainly endorse that and I don't imagine that Congress of the United States or anyone else being against Freedom of Religion in the United States of America. And, I think you all have a very nice plan. The plan looks like a very complete plan. It has been well thought out. It looks well designed. It certainly looks like the type of facility that I would encourage anywhere in our City including at this location. I'm not going to take away your rights to be able to use your property. I'd make a motion that we approve this. Dorothy Wood: Do I hear a second? Ron? Ronald Ripley: I'll make a second. I'd like to comment too. Item #7 Christian Chapel Assembly of God Page 7 Dorothy Wood: Certainly. Ronald Ripley: In this instance, and the way I viewed this is it's a redevelopment of an existing use. It's an expansion of a use that's been there for along time. It's not like we're adding a new use to this area. This is a sensitive time that we're in because obviously were trying to forge a new understanding with Oceana, and we're right in the throws of that, and we certainly don't want to offend our folks from Oceana. In this instance, this is an existing use. It's a slight expansion to meet a need within the community. I think it's appropriate to approve this also. Dorothy Wood: Thank you. Are there any other comments? Joe? Joseph Strange: I agree with Ron. I would say that on a scale of 1 to 10 if you were going to approve something that may be would object to that this would probably be a one rather than top of scale there. So, in the interest of trying to find some type of valid between the landowner and the Navy, I think this would be an appropriate time to tie with the landowner. Dorothy Wood: Perhaps it's a pebble rather than a boulder? Joseph Strange: I think that would be a good analysis. Dorothy Wood: Are there any other comments? Eugene Crabtree: I'm tom between the two to support the stand of the U.S. military and Department of Defense and the church at the same time. With all of the ongoing studies and everything that is going on in the area at the present time and not knowing what the results of some of them are going to be in the future, I'm rather reluctant to pass this on to City Council and have it come back to us again at a later date because of some action. I find it difficult to approve it at this time. I'm not against the church expanding or the parking lot but at this incurred time, I'm reluctant to approve it. Dorothy Wood: Thank you. Is there anybody else? We had a motion by Mr. Miller and a second by Mr. Ripley that we approve the expansion of Christian Chapel Assembly of God. AYE 10 NAY 1 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE NAY Item #7 Christian Chapel Assembly of God Page 8 RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote 10-1, the application of Christian Chapel Assembly of God has ' been approved. Dorothy Wood: Thank you very much sir for coming. Supplemental Inf~ati~ Zonin~ History M.p ~-~ ian Church 136 S. Ly men I#1 DATE I REQUEST I ACTION 1 1-21-85 Conditional Use Permit (church addition) Approved 2 6-25-02 3 6-27-95 4 9-25-95 5 7-11-88 6 10-24-00 12-17-96 Rezoning (I-1 Light Industrial to Conditional B-2) and Condit(onal Use Permit (fuel sales in conjunction with a convenience store) Conditional Use Permit (automotive repair) Rezoning (I-1 Light Industrial to Conditional B-2) Conditional Use Permit (recreational facility) Conditional Use Permit (fuel sales) Conditional Use Permit (automobile service station) Approved Approved Approved Approved Withdrawn Withdrawn LYNNHAVEN PRESBYTERIAN CHURCH Agenda Item~ 8 Paae 6 ITEM: CITY OF VIRGINIA BEACH AGENDA ITEM Lynnhaven Presbyterian Church - Conditional Use Permit (church expansion) MEETING DATE: April 13, 2004 · Background: An Ordinance upon Application of Lynnhaven Presbyterian Church for a Conditional Use Permit for a church (expansion) on property located at 136 South Lynnhaven Road (GPIN 14975328170000). DISTRICT 6 - BEACH · Considerations: The submitted master plan depicts several additions proposed for the site. A new sanctuary of 4,200 square feet, with a future expansion to 5,856 square feet, is proposed adjacent to Lynnhaven Parkway. Once the new sanctuary is completed the existing sancutary will be converted into a chapel. The current education wing will be expanded, and a fellowship / multi-purpose hall will be added. A covered colonnade will connect the fellowship / multi-purpose hall to the new sanctuary. Sixty parking spaces are depicted on the plan. The applicant was granted a variance to reduce the required number of spaces from 100 to 60 subject to the following conditions: 1. The church shall work to prevent parkng problems by not scheduling events in both sanctuaries simultaneously. 2. Development shall substantially adhere to the submitted site plan to include any amendments required by the City Council. Proposed landscape areas are depicted throughout the parking lot. Required foundation and street frontage landscaping will be addressed during detailed site plan review. Staff recommended approval. There was no opposition to the request. · Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The proposed additions to the church shall be developed substantially in accordance with the submitted conceptual mater plan titled "Lynnhaven Presbyterian Church", prepared by the Yates Group and dated March 24, 2003. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The proposed buildings shall be constructed substantially in accordance with the submitted elevation plans titled "Lynnhaven Presbyterian Churc , prepared by the Yates Group and dated March 24, 2003. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 3. The proposed building additions shall be constructed to comply with appropriate sound attenuation measures for structures located within an AICUZ noise zone of more than 75dB Ldn. · Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager:~Y~"~ [/---, , ~)"~ GO'~/- H07-214-CUP-2003 qHAVEN PRESBYTERIAN CHURCH Agenda Item # 8 March 10, 2004 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information The Planning Commission deferred this request on January 14, 2004 due to uncertainty surrounding issues related to AICUZ. Under the Interim AICUZ Guidelines, this application, as it was submitted prior to February 3, 2004, may be heard by the Planning Commission and the City Council based on its merits. REQUEST: Conditional Use Permit for a Church (Expansion) LOCATION: Property located on 136 South Lynnhaven Road LYNNHAVEN PRESBYTERIAN CHURCH Agenda Item # 8 Page 1 GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: EXISTING LAND USE: 14975328170000 6 - BEACH 3.507 acres A church and associated parking occupy the site. SURROUNDING North: LAND USE AND South: ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: East: West: · Offices / O-2 Office · South Lynnhaven Road · Across South Lynnhaven Road are Offices / O-2 Office and B-2 Business · Lynnhaven Parkway · Across Lynnhaven Parkway are Offices and Retail / 0-2 Office and Conditional B-2 Business · Offices / 0-2 Office The site is landscaped with grass, mature shrubs and trees. From a cultural and historical perspective the church can claim that it is the oldest Presbyterian Church in the city, having been organized in June 1917 on this site. From this church developed the First Presbyterian Church of Virginia Beach and Kings Grant Presbyterian Church. The sanctuary was constructed in 1919, and the educational wing was constructed in 1951. In 1985 an activity room, several offices and a larger kitchen were added to the site. The site is in an AICUZ of more than 75dB Ldn surrounding NAS Oceana. Churches are not considered compatible in this AICUZ. The United States Navy has informed the Staff that they are opposed to 'this request if the overall project increases density on the site. LYNNHAVEN PRESBYTERIAN CHURCH Agenda Item # 8 Page 2 Summary of Pro The submitted master plan depicts several additions proposed for the site. A new sanctuary of 4,200 square feet, with a future expansion to 5,856 square feet, is proposed adjacent to Lynnhaven Parkway. Once the new sanctuary is completed the existing sancutary will be converted into a chapel. The current education wing will be expanded, and a fellowship / multi-purpose hall will be added. A covered colonnade will connect the fellowship / multi-purpose hall to the new sanctuary. The proposed sanctuary is hexagonal in shape with a standing seam metal roof and brick walls. Cream color fascia and amhitectual details provide accent to the building. A round stained glass window provided on the eastern wall of the proposed sanctuary will take advantage of the morning sun. Sixty parking spaces are depicted on the plan. The applicant was granted a variance to reduce the required number of spaces from 100 to 60 subject to the following conditions: 1. The church shall work to prevent parkng problems by not scheduling events in both sanctuaries simultaneously. 2. Development shall substantially adhere to the submitted site plan to include any amendments required by the City Council. Proposed landscape areas are depicted throughout the parking lot. Required foundation and street frontage landscaping will be addressed during detailed site plan review. The entire project may have to be shifted slightly westward on the site to accommodate the setback for the ultimate right-of-way along Lynnhaven Parkway. The applicant is aware of this requirement. LYNNHAVEN PRESBYTERIAN CHURCH Agenda Item # 8 Page 3 The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. · Consistency with the Comprehensive Plan recommendations for the area. · Compatibility with airfield operations surrounding NAS Oceana. · Compatibility with the surrounding uses. Comprehensive Pla The Comprehensive Plan Map designates this area of the city as the North London Bridge / Strategic Growth Area #6, an area suitable for higher intensity of mixed uses including offices, institutions, and hotels with limited additional retail. There is a recognized need for a range of commercial retail activities and services to meet the needs of all citizens. It is equally important that this be accomplished in harmony with the concept of providing an attractive and well-maintained physical environment. This means implementing a coordinated effort to improve the quality of building facades and signs, increased landscaping around building foundations and 3arking lots, and improved circulation patterns for vehicles and pedestrians. Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified at the beginning of this report. The proposars strengths in addressing the 'Major Issues' are (1). The request for a Conditional Use Permit is consistent with the recommendations of the Comprehensive Plan. The proposed additions are of high quality and in keeping with the office buildings in the immediate area. LYNNHAVEN PRESBYTERIAN CHURCH Agenda Item # 8 Page 4 (2). While the United States Navy opposes any additions to the church because the site is within the high AICUZ of greater than 75dB Ldn, staff believes that sufficient building code requirements exist to adequately buffer the building from the overhead jet noise. Additionally, the primary church services are held during off-peak flight times. (3). The church has been conducting church services on this site for eighty-seven years and has shown that it is compatible with the surrounding uses. Staff concludes that the proposed expansion is appropriate and should ensure that the current compatibility of the use continues into the future. Staff, therefore, recommends approval of this request with the conditions below. Conditions 1. The proposed additions to the church shall be developed substantially in accordance with the submitted conceptual mater plan titled "Lynnhaven Presbyterian Church", prepared by the Yates Group and dated March 24, 2003. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The proposed buildings shall be constructed substantially in accordance with the submitted elevation plans titled "Lynnhaven Presbyterian Church", prepared by the Yates Group and dated March 24, 2003. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 3. The proposed building additions shall be constructed to comply with appropriate sound attenuation measures for structures located within an AICUZ noise zone of more than 75dB Ldn. LYNNHAVEN PRESBYTERIAN CHURCH Agenda Item # 8 Page 5 Supplemental Informati, Zoninq History Map H-7 ' Church 136 s. Lynnhaven Rd. DATE I REQUEST I ACTION 1 1-21-85 Conditional Use Permit (church addition) Approved 2 6-25-02 3 6-27-95 4 9-25-95 5 7-11-88 6 10-24-00 12-17-96 Rezoning (I-1 Light Industrial to Conditional B-2) and Conditional Use Permit (fuel sales in conjunction with a convenience store) Conditional Use Permit (automotive repair) Rezoning (I-1 Light Industrial to Conditional B-2) Conditional Use Permit (recreational facility) Conditional Use Permit (fuel sales) Conditional Use Permit (automobile service station) Approved Approved Approved Approved Withdrawn Withdrawn LYNNHAVEN PRESBYTERIAN CHURCH Agenda Item # 8 Page 6 Public A.qenc¥ Comments Public Works Master Transportation Plan (MTP): Lynnhaven Parkway adjacent to this site is a four-lane major urban arterial roadway. It is designated on the Master Transportation Plan as a 130-foot divided right- of-way. A minimum ten-foot right-of-way reservation may be required during detailed site plan review. South Lynnhaven Road adjacent to the site is a two- lane collector street. It is designated on the Master Transportation Plan as 70-foot undivided roadway with a bike path. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Lynnhaven 32,719 31,700 Existing Land Use ~ Parkway ADT ~ ADT ~ - 38 / Weekday - 154 / Sunday South Lynnhaven 12,703 11,100 Proposed Land Road ADT ~ ADT ~ Use 3_ 53 / Weekday - 214 / Sunday ~ Average Daify Tdps 2 as defined by the existing 4,200 square foot sanctuary 3 as defined by the proposed 5,900 square foot sanctuary Public Utilities Water: I The site has an existing water meter that may be upgraded. Sewer: The site is already connected to City water, Sewer and pump station analysis for Pump Station 505 is required to determine if the flows can be accommodated. The site is not within the pump station service area, Upgrade fees will apply. LYNNHAVEN PRESBYTERIAN CHURCH Agenda Item # 8 Page 7 Police: Public Safety 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. Fire and Rescue: A Certificate of Occupancy must be obtained before occupancy of the new buildings. Fire code permits are required at the time of occupancy for places of assembly. Please contact the Fire Department for further information. Fire hydrants must be located within 400-feet of commercial structures. Private fire hydrants must be maintained annually as identified in N.F.P.A. 25. Fire lanes may be required after occupancy of the buildings. LYNNHAVEN PRESBYTERIAN CHURCH Agenda item # 8 Page 8 Exhibits Exhibit A Aerial of Site Location LYNNHAVEN PRESBYTERIAN CHURCH Agenda Item # 8 Page 9 Exhibit [] Proposed Site Plan LYNNHAVEN PRESBYTERIAN CHURCH Agenda Item # 8 Page 10 Exhibit C Proposed Building Elevations LYNNHAVEN PRESBYTERIAN CHURCH Agenda Item # 8 Page 11 Z Exhibit C1 Proposed Building Elevation LYNNHAVEN PRESBYTERIAN CHURCH Agenda Item # 8 Page 12 Exhibit C2 Proposed Building Elevation LYNNHAVEN PRESBYTERIAN CHURCH Agenda Item # 8 Page 13 Exhibit C3 Proposed Building Elevation LYNNHAVEN PRESBYTERIAN CHURCH Agenda Item # 8 Page 14 Exhibit D Disclosure Statement LYNNHAVEN PRESBYTERIAN CHURCH Agenda Item # 8 Page 15 Item #8 Lynhhaven Presbyterian Church Conditional Use Permit 136 South Lynnhaven Road District 6 Beach March 10, 2004 REGULAR Dorothy Wood: Our next application is the Lynnhaven Presbyterian Church. It's a Conditional Use Permit for a church expansion. Welcome Mr. Garrington. Billy Garrington: Thank you Mrs. Wood. Ladies and gentlemen of the Planning Commission, for the record, I'm Billy Gamngton here today on behalf of the applicant Lynnhaven Presbyterian Church, 136 South Lyrmhaven Road, to request your approval of this Conditional Use Permit for a new sanctuary at the property located in Virg/nia Beach. Mr. Miller, I thought those were some pretty good questions that you had to ask about the previous application. I heard the gentlemen directly he said that the church had been there for about 20 years, which he said is quite a long time. He's exactly right. If 20 years is a long time, how long is 100 years? That is how long this church has been in operation at it's present location. The original sanctuary that they are still using was built in 1919. There were services that were taking place in some existing buildings and I'm getting this all from some of the members in the church. Obviously, I haven't been there that long, but it has been having church services there since sometime around the early 1900's. They have a building that is no longer functional from ADA standards, ADA specifications. So what they want to do is build a new sanctuary about 250 feet right behind the existing sanctuary on property they have owned for sometime. The property has been cut up several times when the interstate was built and when' Lynnhaven Parkway was first extended, Lynnhaven Road so there have been several chunks that have taken out of this property, but they still have the 3V2 acres left that you see on the plan in front of you today. The plan is to build a new 300-seat sanctuary that you see located here, this covered colonnade, and at some point in time there would be an extended utility and activities room that would be added to it also. But again, it's an existing church. It has been operating on that piece of property for many, many years. All were asking you to do is to redevelop the property, build a new sanctuary that is ADA accessible, that would have all of the building sound proofing measures that you have in the building code requirements today. In order to muffle that noise that we know is flying overhead, and we've known it for many, many years. The jets are not going to go away. We're not complaining about the noise. We know that we're in the noise zone and have been for many years. When you start talking about who was there first then you have to look at this application because they have been there for many years before Oceana Naval Air Station was ever even flying prop planes in and out of their air station, yet alone jets. So, our request is to expand an existing facility. This isn't new development. This isn't some farm field down in the Transition Area that were converting into houses, we are building a new sanctuary to hopefully expand the operation that's going on at the church Item #8 Lynnhaven Presbyterian Church Page 2 now. Staffhas recommended it for approval with the conditions that you see in your staff write up. We are in total agreement with those conditions, and we ask for your approval of this Conditional Use Permit today. Dorothy Wood: Billy, this won't bring in more people, will it, because you won't be using your other site? It's the same number of people. They're just going to a more compatible building. Billy Garrington: It's a slightly bigger sanctuary that we would be building now, as opposed to the one that is presently in use. Dorothy Wood: Sure, but that doesn't mean there's going to be more people. Billy Garfington:. The two sanctuaries will not be used at the same time. That won't happen. I would like to see them tear the old sanctuary down, but because of sentimental reasons and all of the old stained glass and all that, they're going to have to sit there and maintain it even though it's never going to be used, but it will be converted to a chapel. It will be used for ceremonial things, and the two of them will not be used at the same time. You will have a very slight increase in the number of people that you would have coming. Dorothy Wood: You really wouldn't have enough room on that property to add any of the uses that were compatible. Billy Garrington: We have never had a dayCare center, never intend on having a daycare center. No weekly activities and things of that nature so I don't see how it would not be compatible. Your staff has recommended it for approval, and that's the one people that take a look at it. Without the emotions in it, see if it's compatible with the Use Permit. I've looked at the Comprehensive Zoning Ordinance and they have said it is approved and we recommend it for approval. Here are the conditions and we're in agreement with them. Dorothy Wood: Thanks Billy. Would you please answer questions for members of the Commission? Billy Garfington: Yes ma'am. Yes sir, Mr. Crabtree? Eugene Crabtree: I understand that when you build a new sanctuary and all that you're going to put in things for acoustics and noise attenuation and things like that as it is, and contrary to the pre-existing one that we just had, planes do not fly directly over your property do they or very seldom fly in and around and adjacent but to go directly overhead is not inline with any runways that I know of. Billy Gamngton: Well, we're not inline with the nmways but we are mighty dose to Oceana Naval Air Station. Item #8 Lynnhaven Presbyterian Church Page 3 Eugene Crabtree: I know you are but direct flights over? Billy Garrington: As flying directly over, I don't think so. Not that I've ever noticed. Eugene Crabtree: I have no knowledge of any planes really going directly over there to the sides and around it but not directly over the property. Billy Garrington: That's correct. You see them circling over, you hear them circling over. Eugene Crabtree: But not? Billy Gardngton: No sir. We've been hearing them for many years. Eugene Cmbtree: Okay. Billy Garrington: Sounds good to us. Eugene Crabtree: Yeah. I understand that. Dorothy Wood: Thanks. Are there any other questions? Mr. Din? William Din: What kind of sound attenuation do you anticipate building? Billy Garrington: That would be up to the architect that designs the building. But, I'm sure you will be talking about additional insulation packages, have your insulated windows and things of that nature, something to try and muffle the sound. I'm sure that under detailed building planning review that would have to be submitted to Permits and Inspections when we submit for our building permit for the building itself. Dorothy Wood: Thank you. Are there any other questions of Mr. Garrington? Billy Gamngton: Thank you very much. Dorothy Wood: Thank you. Is there any opposition? Hearing none. Do we have discussion? Mr. Miller? Robert Miller: Bobby, how come you're not up here? Could you come up this time for just a second please? Can I call him up? Can I do that Bill? I guess I can. You were up at the last church why wouldn't you be up at this church? This is even closer. Bobby Rountree: Different location. Robert Miller: Okay. Now, you got my curiosity up? What's the difference in the Navy's perspective? Item #8 Lynnhaven Presbyterian Church Page 4 Bobby Rountree: Different location, the previous church is located under the main thoroughfare of Oceana's main runway. The majority of operations occur on Runway 5. The Transition Area, western edge is what leads into that runway. It's also the main interfacility track between Oceana and Fentress. Again, F. Donald Reid, VA-CAR and I can list all the others that will be coming and you will see us here in the near future. That's the interest with the Western edge of the Transition area. Impacts of low high noise single events in high numbers. Now this site, it is pretty close to a flight track. It's the overhead arrival track of Runway 5. As the airplanes come into Oceana on Runway 5, they execute the overhead brake maneuver, 180 degree mm, they mm towards Lynnhaven Parkway and they basically head down and fly in the near vicinity of Lynnhaven Mall. To get there, they're going to fly almost down Lynnhaven Parkway, a little to the west. It's normal landing pattern. So, there would be some noise impacts on this site. Robert Miller: Didn't we get a letter from you recommending that we not approve this? Bobby Rountree: Yes you did. Robert Miller: Now you're saying that you don't really care? Bobby Rountree: I'm saying you pick the battles and this isn't a battle that we needed to fight. Well, make the letter and you all make the decision. Dorothy Wood: Introduce yourself. Bobby Rountree: For the record, Bobby Rountree from NAS Oceana. Dorothy Wood: Thank you. Robert Miller: Sorry, I caused that part. And, the idea that you're going to be much more vocal about certain locations, that is, ifI heard you, is between the runway alignments of Fentress and Oceana? Is that generally what you're saying? Bobby Rountree: That is one of the areas. Anything that is close. That is just one main concentration of flight tracks. That's the interest in the Transition area. There are a lot of flight tracks over that part of the City and trying to protect those future residents or congregations is trying to help protect the health, safety and welfare of the residents as well as the military members. Robert Miller: Okay. So, it's your job to protect to health, safety and welfare of people too? Bobby Rountree: No, I think it's the job of the City Council. Item #8 Lynnhaven Presbyterian Church Page 5 Ronald Ripley: Let me ask a question about this particular application. From what I understand the redevelopment of this property is to really accommodate the existing congregation. It's not a major expansion. It doesn't appear to be. I'm sure any church would like to see more people in their churches because it just makes their business mn easier. Bobby Rountree: Absolutely. Ronald Ripley: But in this situation, if that is the case, would that generally be something that would be objectionable to you? Lets say we were down in and once again we're talking back to over near Runway 5, and your flight patterns over the. I'm doing this to try to get an understanding. I realize it's a hypothetical question but would that be a more appropriate redevelopment, in your mind, if it were an expansion that was just to accommodate the existing? Bobby Rountree: Again, I think the earlier proposal had the classroom and the school nursery were the things that caught our attention when you look through the AICUZ guidelines. I know that staff has copies of that and you can see that those are all non- compatible uses in the high noise zone. This proposal didn't have any of that even though you strictly say it's a church. If you look at the chart it says not compatible. And, we are here to support the United States Navy and that is United States Navy instruction. That is not an Oceana instruction. It's not a reg/onal instruction. It's United States Navy, so I think you understand that? But, the local commander has the option to determine for a lack of better terms which battle does he want to fight and stand here at the podium in this particular instance, Lynnhaven wasn't one. Ronald Ripley: Yesterday, I heard about the number of accidents that occurred. I think it was ten years ago. I probably have this all messed up. There was a time in the past, approximately 10 years, and I think that is what it said, that they had about 700 plane accidents then. Now, last year, we're looking at 17 because of the technology, better equipment, better training that you have. I'm trying to get a handle on really the risk. I realize anything can happen and things will go wrong and will definitely go wrong. But, we're all trying to get our hands around this issue. You're closer to it then we are. Is that the information that you're familiar with? Bobby Rountree: Yes sir. If you ever have the opportunity to go to the Navy Safety Center out in Monterey, California, they will educate you on those statistics. I don't remember the exact time frame that number, but I remember very vividly sitting in that classroom hearing that there was a time, post World War II, I believe, when the Navy was losing about 2 airplanes a day, in the 700 plus range. And again now, for all the reasons you say that it's a lot safer environment the numbers have come way down for the reasons you just stated. Item #8 Lynnhaven Presbyter/an Church Page 6 Eugene Crabtree: Bobby? In the letter that Captain Keeley sent concerning this piece of property, he did recommend in there that any redevelopment should be a similar design and same density. I think that the church has indicated that is going to be the case. Bobby Rountree: Absolutely. Eugene Crabtree: So, it's just asking us to reevaluate the proposal and keep the design and density similar to what it is today in order for it to be compatible with the Department of Defense's feeling. I think that the gentleman who spoke indicated that to be the case. Bobby Rountree: Yes sir. Dorothy Wood: Thank you Mr. Rountree: We appreciate your coming up. Mr. Garrington, do you have anything else to add sir? Billy Garrington: No, thank you. Dorothy Wood: Thank you. Is there any more discussion? Do I hear a motion? Robert Miller: I'll make a motion to approve it. Dorothy Wood: Mr. Miller made the motion to approve. Robert Miller: I might as well be the one. At least they'll have a target to shoot at. Dorothy Wood: Do I hear a second? Joseph Strange: I'll second it. Dorothy Wood: Mr. Strange has second it. The vote is open. Thank you Mr. Garrington. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE It~s~ #8 Lynnhaven Presbyterian Church Page ? WOOD AYE Ed Weeden: By a vote of 11-0, the application of Lynnhaven Presbyter/an Church has been approved. Dorothy Wood: Thank you for coming Mr. Rountree. M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS- (a) Plumbing/Mechanical (b) Building Maintenance HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD 1. Amend Virginia Beach Code Section 17-3 2. Change Membership to reflect two (2) Students 3. Add a Representative of the Schools to the membership TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS 1. ABSTRACT OF CIVIL LEGAL CASES RESOLVED - February 2004 p. ADJOURNMENT 2004-2005 RESOURCE MANAGEMENT PLAN SCHEDULE EVENT TOPIC LOCATION DATE Workshop Family & Youth Opportunities / Council Conference April 15, 2004 Cultural & Recreational Opportunities Room Public Hearing Proposed FY 2004-2005 Resource Management Salem High School April 15, 2004 Plan 6:00 PM Workshop Quality Education & Lifelong Learning Council Conference April 20, 2004 Room Public Hearing Proposed FY 2004-2005 Resource Management Council Chamber April 20, 2004 Plan 6:00 PM Workshop Quality Physical Environment & Quality Council Conference April 27, 2004 Organization Room Workshop Reconciliation Workshop Council Conference May 6, 2004 Room Adoption of FY City Council Vote on Resource Management Plan Council Chamber Article I. May 2004-2005 1 I, 2004 Resource Management Plan I CIVIL LAWSUITS RESOLVED DURING THE MONTH OF FEBRUARY 2004 Virginia Beach Circuit Court Bessie Durkowski v. City of Virginia Beach - negligence In March 2003, Bessie Durkowski re-filed this suit seeking $250,000 for injuries resniting from tripping and falling on a sidewalk in March 2001. The incident, which resulted in injury to her let~ wrist, and other bruises, occurred along Mill Dam Road near the Great Neck Road intersection. On February 12, 2004, after a day and a halfttial, the jury returned its verdict in favor of the City. Laura Barkey v. City of lftrginia Beach and S. B. Ballard, Inc. - negligence This suit for $150,000 was served in March 2003, and alle~g~ed_ perso,~na}~ injuries resulted from a March 26, 2000, bicycle accident on the Boardwalk, between 16 and 17 Streets. Laura Barkey claimed the City and Ballard, the beach, front improvement contractor, were negligent and grossly negligent in maintaining the condition of the Boardwalk. Barkey has non-suited the case. By statute, it may be re-filed within six months. Virginia Beach General District Court Lester T. Palmer v. City of Virginia Beach Risk Management Division - negligence. Lester PaLmer, without an attorney, filed this suit asking for $4500 in damages for personal injuries apparently claimed to have resulted from debris thrown from a City lawnmower at Princess Anne Park. The accident is alleged to have happened on July 23, 2002. On February 6, 2004, the court granted our motion to quash service and dismissed the suit as filed, against Risk Management. CIVIL LAWSUITS RESOLVED DURING THE MONTH OF MARCH 2004 Virginia Supreme Court City of Virginia Beach v. 18 Southwest, Inc., dba Envy Bar and Grill, and John Leonard Lewis - challenge to municipal authority. In July 2003 we filed for an injunction to enfome the City's noise ordinance at the Envy Bar, a resort area nightspot located at 1718 Atlantic Avenue. After taking evidence, the court granted a preliminary injunction, which specifically directed that the bar's windows and doors be kept closed after 10 PM as suggested by the police officem involved, and ordered the operators of the establishment to comply with the noise ordinance. Subsequently, with agreement of the parties and without further evidence, the court entered an order making the injunction permanent. Envy appealed the decision of the circuit court granting the permanent injunction to the Virginia Supreme Court. On March 9, 2004, the Supreme Court dismissed the appeal. Virginia Beach Circuit Court City of Virginia Beach v. Pappas - condemnation. This eminent domain suit, to determine the value of one of the Shore Winds Condominium units being acquired for the Pavilion expansion project, was tried on March 2, 2004. After hearing the evidence and arguments, the panel of five commissioners awarded the owners $55,000 as compensation for the taking of this property. City of Virginia Beach v. Estate of Pauline Belcher - condemnation. This case involves the June 2000 acquisition by condemnation of a 48-foot-wide strip of right-of-way and construction, utility, and drainage easements fi.om a 24 acre unimproved parcel along Oceana Boulevard, south of Harpers Road. After a three-day trial in March 2001, the court awarded, in addition to the agreed-upon value of the property actually taken, $120,000 for damages to the remaining property. We appealed the damages award, and the Virginia Supreme Court reversed the trial court, and remanded the case for a new trial on the question of damages to the remaining property. At trial March 18, the landowner was prepared to offer evidence of $136,000 in damages to the remaining property. However, after a view of the property and an informal conference with the court, the landowner agreed to accept $27,500 to resolve the case. Margaret ,4. Pastore v. City of Virginia Beach - negligence. In January 2003 the City was served with this suit for $100,000 for personal injuries alleged to have resulted from an April 2000 fall on the Boardwalk near the 18th Street Cafe and Grill restaurant. On March 12, 2004, the court, on our motion, found the City immune from liability and dismissed the suit. Kenneth Timmons v. Virginia Beach Police Department - negligence. Kenneth Timmons filed this Bill of Complaint for the return of a brand new 2004 Lincoln Navigator SUV impounded by City police officers following a routine traffic stop. The vehicle had been stolen from a dealer's lot in Georgia. At a hearing March 12, 2004, the court dismissed the suit, as the vehicle had been returned to Georgia.. Prince Coleman v. City of Virginia Beach and Theresa Moy - negligence. Evelyn Coleman v. Theresa Moy and City of Virginia Beach In March 2003 Prince and Evelyn Coleman each sued the City and Volunteer Rescue Squad member Theresa Moy for $I 5,000 for the injuries received in a collision involving their automobile and a Rescue Squad ambulance driven by Moy. The accident occurred in Februaxy 2002, in the 600 block of Kempsville Road. After depositions of the parties and review of medical records, we have settled these cases for a total of $13,300. Commonwealth v. Linda K. Johnson - animal cruelty. This appeal of the February 5, 2004 general district court determination that Linda Johnson failed to provide adequate care for 96 cats in her home was tried on March 25, 2004. The circuit court, after hearing all of the evidence and argument in a new trial, reached the same conclusion and ordered that the cats remain in the custody of the City's Animal Control Bureau for disposition. As required by statute, the court also ordered Johnson to reimburse the City for the cost of holding the cats during the course of this legal action. That amount has not yet been determined, and will be the subject of a future hearing. This case arose out of the execution of a search warrant by City Animal Control and police officers at the Johnson residence in January. Animal Control obtained the search warrant based upon information provided by a woman who had visited the Johnson residence to adopt a cat. This legal proceeding for the transfer of the animals to Animal Control, a civil action under the state code, was prosecuted by the Commonwealth's Attorney in general district court. At the request of the Commonwealth's Attorney, we prosecuted the case on appeal. There is still pending a separate criminal misdemeanor charge against Linda Johnson for failure to care for the cats, which the Commonwealth's Attorney is prosecuting. SUMMARY OF COUNCIL ACTIONS M C E S L D C M R C A W DATE: 3/23/2004 PAGE: 1 I J L A N R H N 1 E E O A D D E M U L W Z U N N D O E I E ~ O AGENDA E/ u/ E/ A/ °/ R/ vi D/ v4 °/ 0/ ITEM # SUBJECT MOTION VOTE ~ I. BRIEFINGS: Donald Maxwell, 1. KETML STUDY ECONOMIC STRATEGY Director, Department of Economic Development Robert J. Scott, 2. AICUZ DEVELOPMENT INTERIM Director, GUIDELINES Depax~nent of planning 3, JOINT LAND USE STUDY (FLUS) SCOPE Robert J. Scot~ OF WORK Director, · Department of Planning H. Clayton 4. CITY WATERSHEDS Bemick, .~nviommental Management Programs Adminis~xator, Department of planning llflll/lV/ CERTIFICATION OF CLOSED SESSION CERTIFIED 11~0 Y Y Y Y Y Y Y Y Y Y Y V/E F MINUTES ~ APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y INFORMAIdFORMAL SESSIONS 3/9/04 G/H MAYOR'S PROCLAMATION: Shelley Sulik and Jay Al~el of AIA "VIRGINIA ARCHITECTURE WEEK- April 2-9, 2004" I PUBLIC COMMENT: 18 Speakers ATLANTIC AVENUE CAFI~ PILOT pROGRAM CITY OF VIRGINL4 BEACH SUMMARY OF COUNCIL ACTIONS DATE: 3/23/2004 PAGE: 2 AGENDA ITEM # SUBJECT MOTION VOTE C E S L D C M R C A W El J L A N R 14 N I E O A D D E M U L W i U N N D O E I E S O R E A O R V D V O O E S N X F ,E T A N D J PUBLIC HEARINGS: I TRANSPORTATION ENHANCEMENTS NO SPEAKERS Elbow Road Extended/Dozinr's Bridge 2 LEASES OF CITY-OWNED PROPERTY NO SPEAKERS a Caf6 Franchise Agreements b Timberlake Community Association, lac Foxwood Drive adjacent to South Independence Boulevard c Omnipoint Coramnnicatinns CAP Operations, LLC North Great Neck and West Plantation Roads 3 EXCESS CITY-OWNED PROPERTY Nimmo Parkway and George Mason Drive NO SPEAKEP~ K/L/1 Ordinance to AMEND § 36-99 of City Code ADOPTED, BY i0-1 Y Y Y N Y y y y y y y for Taxi Cabs CONSENT 2 Ordinance to DECLARE EXCESS ADOPTED, BY 114~ Y Y Y y y y y y y y y PROPERTY at Nimmo Parkway/George CONSENT Mason Drive/AUTHORIZE Land Exchange Agreement with HRSD 3 Ordinance to AUTHORIZE/APPROVE ADOPTED, BY 11-0 Y Y Y Y Y Y y y y y y Develop Aty's use of $4,000,000 "EDIP' CONSENT funding for Town Center Phase II public infrastructure/hire Construction Manager 4 Ordinances to AUTHORIZE Leases on certain city-owned property: a Omnipoint Commnnications CAP ADOPTED, BY 11-0 Y Y Y Y Y Y y y y y y Operations, LLC at North Great CONSENT Neck/West Plantation Roads re wireless telecommunications (See Planning Item 8) b Timberlake Community Association, Inc. ADOPTED/ 11-0 Y Y Y Y Y Y y y y y y storage of recreational equipment at REVISED, BY Foxwood Drive/South Independence CONSENT Boulevard SUMMARY OF COUNCIL ACTIONS M OB C E S L D C M R C A W DATE: 3/23/2004 I J L A N R H N 1 PAGE: 3 E E O A D D E M U L W AGENDA ITEM # SUBJECT MOTION VOTE L E S N X F E T A N ' D 5 Ordinances to AUT~IORIZE temporary encroachments thio: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Grayson Road by V B FREE WILL CONSENT a BAPTIST CHURCH re bridge b Pleasure House Road/Lake Drive/Machen ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Avenue by BAY REFLECTIONS CONSENT BUILDING, LLC re vinyl fence ADOPTED, BY 9-2 y y Y N y y y y y Y N ¢ Kern psville/P r ovidence Roads by CONSENT KEMPSVILLE CORNER ASSOC re identification sign at 904 Kempsville Road : 6 Ordinance to APPROPRIATE $132,891 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y bom State Componsatinn Board/ CONSENT TRANSFER $130,000 to Sheriff re Deputies. M/1 Resolution to ENDORSE Wansportation ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y :nhancement to Commonwealth CONSENT Transportation Board for gu a r drails/A CK~OWLEDGE local match 2 Resolutions REFERRING to the Planning Commission a Proposed amendments to §§ 250~251/252/253 ADOPTED, BY 1143 Y Y Y Y Y Y Y Y Y ¥ Y of CZO to REPEAL the Open Space CONSENT Promotion option Alternate Version: Proposed amendments to DENIED, BY ! 1-0 Y Y Y Y Y Y Y Y Y ¥ Y b §§ 251/252/253/506 CZO to allow Open CONSENT Space Promotion option ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y ¥ Y c AMEND, REAFFIRM Interim Guidelines re REVISED, BY applications for land use in AICUZ CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 3/23/2004 PAGE: 4 AGENDA ITEM # SUBJECT MOTION VOTE 3 Resolutions re Open Air Cafes: ADOPTED, BY I 1-0 Y Y Y y y y y y y y y a CONSENT RENEW existing franchises (9) b GRANT new ~anchises (2) ADOPTED, BY 1 i-0 Y Y y y y y y y y y y CONSENT c ESTABLISH pilot program on Atlantic ADOPTED AS 74 Y N Y Y Y N Y N Y N Y Avenue between 20~ and 23'd Streets REVISED 4 Resolutions REQUESTING V1)OT to: ACCEPT 40. lg lane miles of additional ADOPTED, BY 11-0 Y Y Y y y y y y y y y a streets CONSENT b ACCEPT corrections/deletions to revised road ADOPTED, BY 11-0 Y Y Y y y y y y y y y inventory for urban maintenance CONSENT N/I Petition ofRONALD C./DONNA G. NO ACTION RIPLEY for a Variance to § 4.4(b) lots meet NECESSARY/ PETITION TO CZO at 4101 White Acres Road.(DISTRICT 4 BE READVER. - BAYSIDE) TISED O/I RECONSIDERATION: applications ofF. DEFERRED 9-1 N Y Y Y A Y y y y y y DONALD REID at 3592 Indian River Road: INDEFINITELY DISTRICT 7 - PRINCESS ANNE) TO ALLOW COMPLETION OF JLUS STUDY a Variance with open space/walking trails in Transition Area b COZ from AG~I/AG-2 to Conditional 1120 c CUP re Open Space 2 OCEAN BAY HOMES, LL.C. for a APPROVED/ I 1-0 Y Y Y y y y y y ¥ y noncon£orminf Me to replace two (2) existing CONDITIONED, multifamily structures with two (2) single BY CONSENT hmily residential structures at 305 26t~ Street. (BEACH - DISTR/CT 6) APPROYED/ 114) Y Y Y Y Y Y Y Y Y Y Y ROBERTW./MARIA L. KANIA re 3 ¢losur~ of portion of Alley adjacent to CONDITIONED, BY CONSENT Croatan, at South Atlantic AvenuedCroatan Road (BEACH - DISTRICT 6) DEFERRED 9-1 N y y Y A Y Y Y Y Y Y VA-CAR DEVELOPMENT at Salem/North INDEFINITELY 4 Landstown Roads (PRINCESS ANNE - TO ALLOW DISTKICT 7) COMPLETION OF JLUS STUDY a Variance to § 4.4(b) that lots meet C~O/subdivide into single-family lots with wooded open space/trails b CZO from AG-l/-2 to Conditional R-20 c CUP: for Open Space APPROVED/ 114) Y Y Y Y Y Y Y Y Y Y Y 5 Var tancg to § 4.4(b) of Subdivision Ordinance CONDITIONED, that all lots meet CZO for JOHN L. BY CONSENT WILLIAMS/ELLEN LANE WADSWORTH to subdivide additional lot at Princess Anne/Pleasant Ridge Roads (pRINCESS ANNE - DISTRICT 7) APPROVED/ 114) Y Y Y Y Y Y Y Y Y Y Y 6 VIRGINIA BEACH TRAVEL SOCCER, CONDITIONED, INC., T/A BEACH FC CLIP re soccer fields BY CONSElqT at Shipps Comer/Holland Roads (DISTRICT 6 - BEACH DEFEKRED, BY 114) Y Y Y Y Y Y Y Y Y Y JEFFREY K. FRANCIS, INC. CLIP re off- CONSENT TO 7 site parking at 2149 Vista Circle. 4/27/04 (L,FNrlqI-IAVEN - DISTRICT 5) APPROVED/ 114) Y Y Y Y Y Y Y Y Y Y Y OMNIPOINT (T-Mobile) CUP re BY CONSENT/ 8 communications antenna on top existing tower REVISED at North Great Neck/Plantation Roads CONDITION #2 (LYNNHAVEN - DISTRICT 5) APPROVED 8-0 A Y Y Y A Y Y Y Y A Y KRAMER RED MILL #20 LLC.C_2idT_ re WITH 1 lm B IB 9 auto repair at Nimmo Parkway/Upton Drive. CONDITION S $ (DISTRICT 7 - pKINCESS ANNE) T T A A N N E E D D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 3/23/2004 PAGE: 6 AGENDA ITEM # SUBJECT MOTION VOTE 10 ALCAR, I~L.C. at Nimmo DEFERRED 104) Y Y Y Y A y y y y Parkway/Rockingchair Lane: INDEFINITELY y y TO ALLOW COMPLETION a COZ from A~I/-2 to Conditional R-10 OF SLUS STUDY b CUP for Open Space p APPOINTMENTS BOARD OF BUILDING CODE APPEALS - RESCHEDULED B Y C O N S E N S U S (a)Plumbing/Meehanical (b)Building Maintenance HAMPTON ROADS ECONOMIC RESCHEDULED DEVELOPMENT ALLIANCE B Y C O N S E N S U S HEALTH SERVICES ADVISORY BOARD Appointed 3 Years 4/1/04 - 3/31/07 Joyce Sehmidt I04) Y Y Y Y A Y y y y y y Reappointed 3 Years 4/I/04 - 3/31/07 Terry Jenkins 104) Y Y Y Y A y y y y y y Buddy W. King 10-0 Y Y Y Y A Y y y y y y June H. Rober~on i0-0 Y Y Y Y A y y y y y y Helen P. Shropshire 10-0 Y Y Y Y A Y y y y y y H]STOiL!CAL REVIEW BOARD RESCHEDULED B Y C O N S E N S U S MINORITy BUSINESS COUNCIL 10-0 Y Y Y Y A Y y y y y y Appointed 2 Year Term 4/01/04- 31/31/06 Donna S. Walker OPEN SPACE COMMITEE RESCHEDULED B Y C O N S E N S U S PARKS and RECREATION COMMISSION RESCFIEDULED B Y C O N S E N S U S PUBLIC LIBKARy BOARD RESCHEDULED B Y C O N S E N S U S CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 3/23/2004 PAGE: 7 AGENDA ITEM # SUBJECT MOTION VOTE L W S O O O N D RIESORT ADVISORY COMMISSION Appointed Unexpired thru 12/31/04 + 3 years to 12/31/07 1041 y y y y A Y Y Y Y Y Y Michael Cloud Butler Appointed Unexpired thru 12/31/05 Nelson Navarro y Y Y Y Y Appointed 3 Year Term 4/1/04 - 12/31/07 104) Y Y Y Y A Y Rouald Sibony 10-0 y y y y A y y 5{ Y Y Y Gerrie King West 104) y y y y A Y Y Y Y Y Y TOWING ADVISORY BOARD I~ESCHEDULED B Y C O N S E N S U S Consider RESCHEDULING the regular meetings of City Council 10-0 y y y y A Y Y Y Y Y Y CANCELLED April 6, 2004 Passover May 4, 2004 Councilmanic Ele~:tion CANCELLED 104) y y y y A Y Y Y Y Y Y 10:10 P.M. ADJOURJqMENT