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JUNE 14, 2005 AGENDA
CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL, Kempsville -District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RONA. VILLANUEV4, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - R UTH HODGES SMITH, MMC I. CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 14 JUNE 2005 CITY MANAGER'S BRIEFINGS CITY HALL BUILDING 2401 COURTHOUSEDRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 - Conference Room - E-MAIL: Ctycncl@vbgov.com A. WORKFORCE/AFFORDABLE HOUSING, PART II Andrew M. Friedman, Director --Housing and Neighborhood Preservation B. DOLPHIN PROMISE Lynn Clements, Director --Museums and Cultural Arts C. INTERNATIONAL SEASONAL WORKERS James B. Ricketts, Director --Convention and Visitors Bureau CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS 2:00P.M. IV. INFORMAL SESSION - Conference Room - 4.30PAL A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Thomas Conant Christian Chapel Assembly of God C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS June 7, 2005 G. PUBLIC HEARINGS 1. RENTAL INSPECTION DISTRICTS a. Repeal certain sections and add others re Rental Dwelling Unit Inspections b. Designation of Rental Inspection Districts 2. REAL and PERSONAL PROPERTY TAX --Proposed Exemptions a. Catholic Charities of Hampton Roads, Inc. b. Virginia Beach Fraternal Order of Police Lodge #8 H. AGENDA FOR FORMAL SESSION CONSENT AGENDA J. ORDINANCES/RE SOLUTIONS 1. Ordinances re RENTAL INSPECTION DISTRICTS: a. DESIGNATION of Rental Inspection Districts b. REPEAL §§ 16-12 and 16-12.1 and ADD §§ 16-2 and 16-12.1 through 16-12.9 re Rental Dwelling Unit Inspections 2. Ordinances to EXEMPT, in accordance with §58.1-3651 of the Virginia Code, the following organizations from local real and personal property taxation: a. Catholic Charities of Hampton Roads, Inc. b. Virginia Beach Fraternal Order of Police Lodge #8 3. Ordinances to AMEND the City Code to reflect changes to the State Code: a. § 22 and ADD § 22-11.2 re obscene sexual display b. §§ 23-38 re damaging and defacing property, 23-45.1 re unlawful filming, videotaping or photographing of another; and ADD § § 23-7.4 re escape from custody and 23-8.3 re reimbursement of expenses for terrorism hoax REORDAIN § 27-3 re fees for copies of records and fingerprint card by Police Department d. § 7-47 re bicycle headlights, tail lights and reflectors with speeds over 35 miles per hour or more e. §§ 21-16, 21-128, 21-150, 21-194, 21-314, 21-344 and 21-496 re traffic laws; REPEAL § 21-300; and ADD § 21-23.1 re traffic regulations f. § 38-1 re carrying concealed weapons and ADD § 38-6 re hunting with firearms while under influence of intoxicant or narcotic drug 4. Ordinances re the Development Authority's (the "Authority") use of the Economic Development Investment Program ("EDIP") funding: a. $85,000 to Tidewater Institute of Sports, L.L.C. for assistance with the costs of a pump station as required for the development of a recreational sports soccer facility at the east side of Harpers Road, north of Dam Neck Road. b. $50,000 to the Mid -Eastern Athletic Conference (MEAL) re relocation of the K. MEAC headquarters 5. Ordinance to AUTHORIZE the Virginia Beach Performing Arts Center Foundation, Inc. to grant naming rights to the theatre and component parts. 6. Resolution to AUTHORIZE the issuance of Industrial Development Revenue Bonds (IDB) in an amount not to exceed $9,100,000 for the benefit of London Bridge Holding, LLC re financing the acquisition, construction and equipping of property and improvements at London Bridge Road and Precision Drive. 7. Resolution to AUTHORIZE the City Manager to execute the Memorandum of Understanding (MOU) with Dolphin's Promise re the sponsorship, manufacture and display of dolphin sculptures. PLANNING 1. Application of ROBERT A. WINBAUER for the expansion of a Nonconforming Use for alterations to a duplex and single family dwelling at 1312 Cypress Avenue. DISTRICT 6 — BEACH RECOMMENDATION: FTIVIJ20-111,111.1 2. Application of C. COOPER PEARCE, III and MARTHA PEARCE for the expansion of a Nonconforming Use re alterations to a single family dwelling and the guest house shall be deemed an accessory use and not rented as a separate dwelling at 117 Bay Colony Drive aka 117 47t' Street. DISTRICT 6 — BEACH RECOMMENDATION: 3. Application of WILLIAM A. BEIGEL for a Conditional Use Permit re a home occupation (firearm sales) at 2529 Broad Bay Road. DISTRICT 5 — LYNNHAVEN RECOMMENDATION: 4. Application of RAINBOW STATION, INC. for a Conditional Use Permit re a child care education center on the south side of Sandbridge Road, east of Princess Anne Road. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: 5. Application of TRUE VICTORY OUTREACH MINISTRIES for a Conditional Use Permit re a church at 1270 Diamond Springs Road. DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 6. Application of JEFFREY A. KROLL for a Conditional Use Permit re alternative residential development on property located at the southeast intersection of Stowe Road and North Stowe Road. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 7. Application of ST. CROIX ASSOCIATES, L.P. for a Change of Zoning District Classification from R-10 Residential District and A-12 Apartment District to Conditional A-18 Apartment District on the north side of Newtown Road, east of Diamond Springs Road. DISTRICT 4 — BAYSIDE RECOMMENDATION: 8. Ordinance to AMEND §§ 111 and 401 and ADD § 239.02 of the City Zoning Ordinance (COZ), defining the term "mulch processing facility", establishing mulch storage and standards for mulch processing facilities as principal and conditional uses, respectively, in Agricultural Zoning Districts. RECOMMENDATION: L. APPOINTMENTS ARTS and HUMANITIES COMMISSION BEACHES and WATERWAYS COMMISSION CHESAPEAKE ALCOHOL SAFETY ACTION PROGRAM HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS and RECREATION COMMISSION SHORE DRIVE ADVISORY COMMITTEE TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. . NEW BUSINESS O. ADJOURNMENT APPROVAL 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: VIRGINIA RELAY at 1-800-828-1120 Agenda 06/09/05/gw www.vb og_ v.com I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:00PAL A. WORKFORCE/AFFORDABLE HOUSING, PART lI Andrew M. Friedman, Director --Housing and Neighborhood Preservation B. DOLPHIN PROMISE Lynn Clements, Director --Museums and Cultural Arts C. INTERNATIONAL SEASONAL WORKERS James B. Ricketts, Director --Convention and Visitors Bureau II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - 4:30PJVl A. . CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 P.M. A. B. C. D. E. F. CALL TO ORDER — Mayor Meyera E. Oberndorf INVOCATION: Reverend Thomas Conant Christian Chapel Assembly of God PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES INFORMAL AND FORMAL SESSIONS June 7, 2005 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. G. PUBLIC HEARINGS RENTAL INSPECTION DISTRICTS a. Repeal certain sections and add others re Rental Dwelling Unit Inspections b. Designation of Rental Inspection Districts 2. REAL and PERSONAL PROPERTY TAX --Proposed Exemptions a. Catholic Charities of Hampton Roads, Inc. b. Virginia Beach Fraternal Order of Police Lodge #8 PUBLIC NOTICE NOTICE OF PUBLIC HEARING FOR RENTAL DWELLING UNIT INSPEC- TION PROGRAM ORDINANCE The Virginia Beach City Council will hold a Public Hearing on June 14th, 2005, at 6:00 p.m. in the Council Chamber, Municipal Center, Build- ing One, Virginia Beach, Virginia, concerning the adoption of a pro- posed ordinance repealing sections 16-12 and 16-12.1 of the City Code and adding sections 16-12, 16-12.1, 16-12.2, 16-12.3, 16-12.4, 16-12.5, 16-12.6, 16-12.7, 16-12.8 and 16-12.9 of the City Code pertaining to a rental dwelling unit inspection pro- gram. The complete ordinance is available for examination by the pub- lic in the Department of Housing and Neighborhood Presgrva- tion, Municipal Center, Building 18A, Virginia Beach, Virginia. Ruth Hodges Smith, MMC City Clerk Beacon, May 29 & June 5, 2005 13284307 NOTICE OF DESIGNATION OF RENTAL INSPECTION s` �~ DISTRICTS y The Virginia Beach City%Council will hold a Public Hearing on June 14th, 2005, at 6:00 p.m, in. the Council yes_ Chamber, Municipal Center, Build- ing One, Virginia Beach, Virginia, ��qow wtl� concerning a proposed ordinance designating certain census tract block groups in the City of Virginia Beach enumerated below to be designated as rental inspection districts pursuant to Virginia Code § 36-105.1:1 CENSUS BLOCK NEIGHBORHOOD GROUP 1. 402001 LAKE EDWARD 2. 402002 LAKE EDWARD 3. 402004 BURTON STATION 4. 404021 BROAD MEADOWS 5. 404022 CAMPUS EAST 6. 404023 CAMPUS EAST 7. 404024 CAMPUS EAST 8. 404031 DIAMOND SPRINGS 9. 404032 DIAMOND SPRINGS 10. 404033 LAKE SMITH 11. 406001 NEWTOWN SQUARE 12. 406002 NORTHRIDGE 13. 408024 LYNNBROOKE LANDING 14. 410021 POCAHONTAS VILLAGE 15. 410022 COUNTY VIEW MOBILE HOMES 16. 410031 ARAGONA VILLAGE 17. 410032 ARAGONA VILLAGE 18. 410033 PEMBROKE MANOR 19. 410034 PEMBROKE MANOR 20. 410041 ARAGONA VILLAGE 21. 410042 ARAGONA VILLAGE 22. 410043 ARAGONA VILLAGE 23. 410044 - AGAGONA VILLAGE 24. 428011 PRINCESS ANNE PLAZA 25. 428012 PRINCESS ANNE PLAZA 26. 428013 PRINCESS ANNE PLAZA 27. 428014 PRINCESS ANNE PLAZA 28. 428015 PRINCESS ANNE PLAZA 29. 428021 PRINCESS ANNE PLAZA 30. 428022 PRINCESS ANNE PLAZA 31. 428023 PRINCESS ANNE PLAZA 32. 440011 BARBERTON/OCEANFRONT/24TH ST. 33. 440012 BARBERTON/OCEANFRONT/24TH ST. 34. 440013 BIRDNECK/LASKIN RD. 35. 440021 OCEANFRONT/OLD BEACH 36. 440022 OCEANFRONT/OLD BEACH 37. 440023 OCEANFRONT/OLD BEACH 38. 440025 OCEANFRONT 39. 442001 SEATACK/TRAILER CITY 40. 442002 SEATACK 41. 442004 SEATACK 42. 448061 ATLANTIC PARK/OCEANA 43. 448062 ATLANTIC PARK OCEANA 44. 448063 OCEANA GARDENS 45. 448065 GATEWOOD PARK 46. 448071 HILLTOP MANOR 47. 448072 WASHINGTON SQUARE 48. 448073 WASHINGTON SQUARE 49.. 448074 POINT-O-WOODS 50. 448081 LYNNHAVEN LANDING/REAGAN AVE. 51. 448032 DEERWOOD TRACE 52. 448083 OCONEE APARTMENTS/TRAILER PARK 53. 454051 OAK SPRINGS 54. 454052 GREEN RUN 55. 454053 GREEN RUN 56. 454054 GREEN RUN 57, 454055 OAK SPRINGS 58. 454061 SCARBOROUGH SQUARE 59. 454062 SCARBOROUGH SQUARE/CARDINAL ESTATES 60. 454063 GREEN RUN 61. 454071 LONDON BRIDGE 62. 454072 MAGIC HOLLOW 63. 454073 MAGIC HOLLOW 64. 454141 PRINCESS ANNE PLAZA 65. 454142 PRINCESS ANNE PLAZA 66. 454143 THE LAKES 67. 454144 THE LAKES 68. 454145 PECAN GARDENS 69. 454151 CARRIAGE HILL 70. 454152 CARRIAGE HILL 71. 456022 THALIA (BETWEEN V.B. BLVD. AND BONNEY RD.) 72. 456023 THALIA TRACE 73. 456024 THALA (S. FIR, SOUTH OF BONNEY RD.) 74. 458011 WINDSOR WOODS 75. 458031 LARKSPUR MEADOWS 76. 458051 WINDSOR WOODS 77. 458052 WINDSOR WOODS 78. 458061 WINDSOR WOODS 79. 458062 WINDSOR WOODS 80. 458063 WINDSOR OAKS WEST/LIBERTY RIDGE 81. 458064 PECAN GARDENS TOWNHOUSES 82. 458071 WINDSOR OAKS WEST/HOLLAND MEADOWS 83. 458081 TIMBERLAKE 84. 458082 TIMBERLAKE 85. 458091 CHIMNEY HILL 86. 458092 CHIMNEY HILL 87. 458093 GREEN RUN 88. 458101 GREEN RUN 89. 460051 KEMPSVILLE HEIGHTS/WEDGEWOOD TRAILERHOMES 90. 460053 KEMPSVILLE LAKES 91. 460054 ' KEMPSVILLE LAKES 92. 460111 - LARKSPUR GREENS 93. 460121 TIMBERLAKE 94. 460122 TIMBERLAKE 95. 460123 GREEN RUN 96. 460124 GREEN RUN 97. 460125 GREEN RUN 98. 460131 GREEN RUN 99. 460132 GREEN RUN 100. 460133 GREEN RUN 101. 462051 COLLEGE PARK 102. 462052 COLLEGE PARK 103. 462053. COLLEGE PARK 104. 462054 COLLEGE PARK 105. 462055 COLLEGE PARK 106. 462056 COLLEGE PARK - The complete ordinance and a map designating the census tract block groups is available for examination by the public in the Department of Housing and Neighborhood Preservation, Munici- pal Center, Building 18A, Virginia Beach, Virginia. NOTICE OF PUBLIC HEARING Proposed Exemptions From Real And Personal Property Taxation The Virginia Beach City Council will hold a Public Hearing on June 14, 2005 , at 6:00 p.m. in the Council Chamber, Municipal Center, Building One, Virginia Beach, Virginia, on ordi- nances to exempt the following enti- ties from local real and/or personal property taxes: 1. Catholic Charities of Hampton Roads, Inc. Personal Property Assessment $ 49,168.40 Personal Property Taxes Due $ 1,819.23 Real Property Assessment/Taxes Due None 2. Virginia Beach Fraternal Order of Police Lodge #8 Personal Property Assessment $ 13,183.20 Personal Property Taxes Due $ 487.77 Real Property Assessment $816,327.00 Real Property Taxes Due $ 9,766.54 Copies of the proposed ordinances are on file in the office of the City Clerk. All interested persons are welcome to appear at the Hearing and present their views on the proposed exemptions. if you are physically disabled or Visually impaired and you need assistance at this meeting, please call 427-4303 . Hearing impaired call Virginia Relay at 1-800-828-1120. Ruth Hodges Smith, MMC City Clerk VP June 5, 2005 13324739 J. ORDINANCES/RESOLUTIONS 1. Ordinances re RENTAL INSPECTION DISTRICTS: a. DESIGNATION of Rental Inspection Districts b. REPEAL §§ 16-12 and 16-12.1 and ADD §§ 16-2 and 16-12.1 through 16-12.9 re Rental Dwelling Unit Inspections 2. Ordinances to EXEMPT, in accordance with §58.1-3651 of the Virginia Code, the following organizations from local real and personal property taxation: a. Catholic Charities of Hampton Roads, Inc. b. Virginia Beach Fraternal Order of Police Lodge #8 3. Ordinances to AMEND the City Code to reflect changes to the State Code: a. § 22 and ADD § 22-11.2 re obscene sexual display b. §§ 23-38 re damaging and defacing property, 23-45.1 re unlawful filming, videotaping or photographing of another; and ADD §§ 23-7.4 re escape from custody and 23-8.3 re reimbursement of expenses for terrorism hoax C. REORDAIN § 27-3 re fees for copies of records and fingerprint card by Police Department d. § 7-47 re bicycle headlights, tail lights and reflectors with speeds over 35 miles per hour or more e. §§ 21-16, 21-128, 21-150, 21-194, 21-314, 21-344 and 21-496 re traffic laws; REPEAL § 21-300; and ADD § 21-23.1 re traffic regulations f. § 38-1 re carrying concealed weapons and ADD § 38-6 re hunting with firearms while under influence of intoxicant or narcotic drug 4. Ordinances re the Development Authority's (the "Authority") use of the Economic Development Investment Program ("EDIP") funding: a. $85,000 to Tidewater Institute of Sports, L.L.C. for assistance with the costs of a pump station as required for the development of a recreational sports soccer facility at the east side of Harpers Road, north of Dam Neck Road. b. $50,000 to the Mid -Eastern Athletic Conference (MEAL) re relocation of the MEAC headquarters 5. Ordinance to AUTHORIZE the Virginia Beach Performing Arts Center Foundation, Inc. to grant naming rights to the theatre and component parts. 6. Resolution to AUTHORIZE the issuance of Industrial Development Revenue Bonds (IDB) in an amount not to exceed $9,100,000 for the benefit of London Bridge Holding, LLC re financing the acquisition, construction and equipping of property and improvements at London Bridge Road and Precision Drive. 7. Resolution to AUTHORIZE the City Manager to execute the Memorandum of Understanding (MOU) with Dolphin's Promise re the sponsorship, manufacture and display of dolphin sculptures. O r�o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Designating Certain Areas of the City as Rental Inspection Districts MEETING DATE: June 14, 2005 ■ Background: In 1989, the City Council authorized a rental inspection program that provided for housing code inspections upon the change of occupancy of residential rental properties in certain areas of the City designated by the City Manager. In 2004, however, the General Assembly enacted legislation that, among other things, amended the Virginia Code to provide that the designation of rental inspection districts is to be made by the governing body. Once an area has been designated as a rental inspection district, the City has the authority to conduct systematic inspections of rental properties in that district. The 2004 legislation also sets forth the criteria that must be met in order for an area of the City to be designated as a rental inspection district. Those criteria are incorporated into the proposed ordinance. The 2004 legislation takes effect on July 1, 2005. ■ Considerations: The proposed ordinance sets forth the criteria for designation of areas of the City as rental inspection districts and designates the areas of the City (by census block) that are to be rental inspection districts. Those areas are essentially the same as the areas that are subject to the rental inspection program the City has had since 1989. ■ Public Information: The ordinance was the subject of a public notice appearing on May 29 and June 5, 2005 in the Beacon. ■ Alternatives: The City Council may add or delete census block groups as it deems appropriate, so long as the prescribed criteria (as set forth in the proposed ordinance) are followed. The City Council may also decline to designate any areas of the City as rental inspection districts, but would thereafter not have the authority to conduct systematic inspections ■ Recommendations: Adoption of proposed ordinance ■ Attachments: Proposed Ordinance Recommended Action: Submitting Department/Agency: De` Dartrr City Manager: �� •� of sing and Neighborhood Preservation 1 AN ORDINANCE DESIGNATING 2 CERTAIN AREAS OF THE CITY AS 3 RENTAL INSPECTION DISTRICTS 4 5 6 WHEREAS, Section 36-105.1:1 allows local governing bodies 7 to designate areas within their jurisdiction as rental 8 inspection districts, in which residential rental dwelling units 9 are subject to systematic inspections; and 10 WHEREAS, areas may be designated as rental inspection 11 districts only upon a finding by the City Council that they meet 12 the following criteria: 13 1. There is a need to protect the public health, 14 safety and welfare of the occupants of dwelling 15 units inside the designated rental inspection 16 districts; 17 2. The residential rental dwelling units within the 18 designated rental inspection districts are either 19 blighted or in the process of deteriorating, or 20 the residential rental dwelling units are in the 21 need of inspection by the Code Official to 22 prevent deterioration, taking into account the 23 number, age and condition of residential rental 24 dwelling units inside the rental inspection 25 districts; and 1 26 3. the inspection of residential rental dwelling 27 units inside the rental inspection districts is 28 necessary to maintain safe, decent and sanitary 29 living conditions for tenants and other residents 30 living in the rental inspection districts; and 31 WHEREAS, based upon the foregoing criteria, the Department 32 of Housing and Neighborhood Preservation has recommended that 33 the following census block groups be designated as rental 34 inspection districts: 35 36 CENSUS BLOCK GROUP NEIGHBORHOOD 37 1. 402001 LAKE EDWARD 38 2. 402002 LAKE EDWARD 39 3. 402004 BURTON STATION 40 4. 404021 BROAD MEADOWS 41 5. 404022 CAMPUS EAST 42 6. 404023 CAMPUS EAST 43 7. 404024 CAMPUS EAST 44 8. 404031 DIAMOND SPRINGS 45 9. 404032 DIAMOND SPRINGS 46 10. 404033 LAKE SMITH 47 11. 406001 NEWTOWN SQUARE 48 12. 406002 NORTHRIDGE 49 13. 408024 LYNNBROOKE LANDING 50 14. 410021 POCAHONTAS VILLAGE 51 15. 410022 COUNTY VIEW MOBILE HOMES 52 16. 410031 ARAGONA VILLAGE 53 17. 410032 ARAGONA VILLAGE 54 18. 410033 PEMBROKE MANOR 55 19. 410034 PEMBROKE MANOR 56 20. 410041 ARAGONA VILLAGE 57 21. 410042 ARAGONA VILLAGE 58 22. 410043 ARAGONA VILLAGE 59 23. 410044 AGAGONA VILLAGE 60 24. 428011 PRINCESS ANNE PLAZA 61 25. 428012 PRINCESS ANNE PLAZA 62 26. 428013 PRINCESS ANNE PLAZA 2 63 27. 428014 PRINCESS ANNE PLAZA 64 28. 428015 PRINCESS ANNE PLAZA 65 29. 428021 PRINCESS ANNE PLAZA 66 30. 428022 PRINCESS ANNE PLAZA 67 31. 428023 PRINCESS ANNE PLAZA 68 32. 440011 BARBERTON/OCEANFRONT/24Tx 69 33. 440012 BARBERTON/OCEANFRONT/24Tx 70 34. 440013 BIRDNECK/LASKIN RD. 71 35. 440021 OCEANFRONT/OLD BEACH 72 36. 440022 OCEANFRONT/OLD BEACH 73 37. 440023 OCEANFRONT/OLD BEACH 74 38. 440025 OCEANFRONT 75 39. 442001 SEATACK/TRAILER CITY 76 40. 442002 SEATACK 77 41. 442004 SEATACK 78 42. 448061 ATLANTIC PARK/OCEANA 79 43. 448062 ATLANTIC PARK OCEANA 80 44. 448063 OCEANA GARDENS 81 45. 448065 GATEWOOD PARK 82 46. 448071 HILLTOP MANOR 83 47. 448072 WASHINGTON SQUARE 84 48. 448073 WASHINGTON SQUARE 85 49. 448074 POINT-O-WOODS 86 50. 448081 LYNNHAVEN LANDING/REAGAN 87 51. 448082 DEERWOOD TRACE 88 52. 448083 OCONEE APARTMENTS 89 /TRAILER PARK 90 53. 454051 OAK SPRINGS 91 54. 454052 GREEN RUN 92 55. 454053 GREEN RUN 93 56. 454054 GREEN RUN 94 57. 454055 OAK SPRINGS 95 58. 454061 SCARBOROUGH SQUARE 96 59. 454062 SCARBOROUGH SQUARE 97 /CARDINAL ESTATES 98 60. 454063 GREEN RUN 99 61. 454071 LONDON BRIDGE 100 62. 454072 MAGIC HOLLOW 101 63. 454073 MAGIC HOLLOW 102 64. 454141 PRINCESS ANNE PLAZA 103 65. 454142 PRINCESS ANNE PLAZA 104 66. 454143 THE LAKES 105 67. 454144 THE LAKES 106 68. 454145 PECAN GARDENS 107 69. 454151 CARRIAGE HILL 108 70. 454152 CARRIAGE HILL 3 ST. ST. AVE. 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 71. 456022 72. 456023 73. 456024 74. 75. 76. 77. 78. 79. 80. �� 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 458011 458031 458051 458052 458061 458062 458063 458064 458071 458081 458082 458091 458092 458093 458101 460051 460053 460054 460111 460121 460122 460123 460124 460125 460131 460132 460133 462051 462052 462053 462054 462055 462056 2 THALIA (BETWEEN V.B. BLVD. AND BONNEY RD.) THALIA TRACE THALIA (S. FIR, SOUTH OF BONNEY RD.) WINDSOR WOODS LARKSPUR MEADOWS WINDSOR WOODS WINDSOR WOODS WINDSOR WOODS WINDSOR WOODS WINDSOR OAKS WEST / LIBERTY RIDGE PECAN GARDENS TOWNHOUSES WINDSOR OAKS WEST / HOLLAND MEADOWS TIMBERLAKE TIMBERLAKE CHIMNEY HILL CHIMNEY HILL GREEN RUN GREEN RUN KEMPSVILLE HEIGHTS / WEDGEWOOD TRAILER HOMES KEMPSVILLE LAKES KEMPSVILLE LAKES LARKSPUR GREENS TIMBERLAKE TIMBERLAKE GREEN RUN GREEN RUN GREEN RUN GREEN RUN GREEN RUN GREEN RUN COLLEGE PARK COLLEGE PARK COLLEGE PARK COLLEGE PARK COLLEGE PARK COLLEGE PARK 152 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 153 OF VIRGINIA BEACH, VIRGINIA: 154 That the City Council hereby finds that the areas of the 155 City comprised of the census tract block groups set forth 156 hereinabove fulfill the aforesaid criteria for designation as 157 rental inspection districts. 158 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF 159 VIRGINIA BEACH, VIRGINIA: 160 That the areas of the City comprised of the census 161 tract block groups set forth hereinabove be, and hereby are, 162 designated as rental inspection districts. 163 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF 164 VIRGINIA BEACH, VIRGINIA: 165 That the designation of the aforesaid areas as rental 166 inspection districts shall become effective on July 1, 2005. 167 COMMENT 168 The ordinance designates certain areas of the City, by census block, as rental inspection 169 districts subject to the City's revised rental inspections program. The revisions, as well as the 170 designation of areas of the City that are subject to the program, were the result of legislation 171 enacted by the 2004 General Assembly. The revisions must take effect by July 1, 2005. 172 173 174 Adopted by the Council of the City of Virginia Beach on the 175 day of 2005. 176 177 CA-9611 OID\Ordres\proposed\rentaldesignationordin.doc R-4 May 31,2005 5 APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY 1 � Ho g Nei hborhood City Attorneys Office Presery tion Proposed Rental Inspection - Districts Legend CC Border Proposed Rental Inspection District 2000 Census Tract 2000 Census Block Group Millitary—InstalLations 7 WATER .en a roe ftftd tdaV*� W� �4 ibYrsrgsMltlllrb --�—P"w fta. , 9-19.b U. �—wp. ft #-r— " N 00.250.5 1 1.5 2 Ka'VEN'" 'No MOKSO It CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Repealing Sections 16-12 and 16-12.1 and Adding Sections 16-2 and 16-12.1 through 16-12.9 of the City Code, Pertaining to a Rental Dwelling Unit Inspection Program MEETING DATE: June 14, 2005 ■ Background: In 1989 City Council authorized a rental inspection program that allowed for rental inspections upon change of occupancy of rental dwellings in certain special emphasis areas of the City. The special emphasis areas were designated by the City Manager. In 2004 the General Assembly revamped the rental inspection program, requiring substantial changes to the program that would become effective July 1, 2005. ■ Considerations: Effective July 1, 2005, the rental inspection program must comply with changes required by Virginia Code Sections 36-105.1:1, that require substantial changes to the rental inspection program itself and require the designation of rental inspection districts to be done by City Council after specific findings (a companion ordinance designating rental inspection districts is also on the agenda for your consideration). The rental inspection districts are closely aligned to the prior special emphasis areas. Notification to owners of property in the rental inspection districts and notification by owners to the Department of Housing and Neighborhood Preservation of residential rental dwelling units is provided. The rental inspection program will inspect for violations of the Uniform Statewide Building Code that affect the safe, decent and sanitary living conditions of the tenants, and will provide for a 4-year exemption of the property if no violations are present. Otherwise, yearly inspections are authorized. ■ Public Information: Staff met with the Tidewater Builders Association/Multifamily Housing Council and the Hampton Roads Realtors Association/Property Management and Leasing Council to discuss the proposed changes to the rental inspection program. Both organizations have indicated their support of the changes. Council may proceed after public hearing and advertisement for two successive weeks in a newspaper of general circulation. The ordinance was advertised May 29, 2005 and June 5, 2005 in the Beacon, Virginian -Pilot. ■ Alternatives: Adopt the ordinance or provide no rental inspection program. ■ Recommendations: Adopt the ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager: �7K 5G5tat 000ii�ng`and Neighborhood Preservation 1 AN ORDINANCE REPEALING SECTIONS 16-12 AND 16- 2 12.1 AND ADDING SECTIONS 16-2, 16-12.1, 16- 3 12.2, 16-12.3, 16-12.4, 16-12.51 16-12.6, 16- 4 12.7, 16-12.8 AND 16-12.9 OF THE CITY CODE, 5 PERTAINING TO A RENTAL DWELLING UNIT 6 INSPECTION PROGRAM 7 Sections Repealed: City Code H 16-12 and 16- 8 12.1 9 Sections Added: City Code H 16-2, 16-12.1, 10 16-12.2, 16-12.3, 16-12.4, 16-12.5, 16-12.6, 11 16-12.7, 16-12.8 and 16-12.9 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That Sections 16-12 and 16-12.1 of the City Code are hereby 16 repealed, and Sections 16-2 and 16-12.1, 16-12.2, 16-12.3, 16-12.4, 17 16-12.5, 16-12.6, 16-12.7, 16-12.8 and 16-12.9 of the City Code, 18 are hereby added, to read as follows: 19 ARTICLE I. IN GENERAL 20 21 Sec. 16-2. Definitions. 22 The following words, terms and phrases shall have the 23 following meanings when used in this Article: 24 25 Code Enforcement Administrator means the code administrator of the Department of Housing and enforcement Neighborhood 26 Preservation or his designee. 27 Dwelling Unit means a building or structure or part thereof 28 that is used for a home or residence by one or more persons who 29 maintain a household. 1 30 Owner means the person or entity shown as such on the current 31 real estate assessment books or current real estate assessment 32 records of the City. 33 Residential rental dwelling unit means a dwelling unit that is 34 leased or rented to one or more tenants and that is subject to the 35 provisions of this Article. 36 COMMENT 37 The amendments define certain terms used in the remainder of the ordinance. 38 39 Sec. 16-11. Violations of chapter generally. 40 (a) (1) Except as otherwise provided herein, any Any owner 41 or any other person who shall violate any provision 42 of this chapter or who shall fail, refuse or 43 neglect to comply in all respects with the 44 provisions of this chapter shall be deemed guilty 45 of a misdemeanor, and upon conviction shall be 46 punished by a fine of not more than twenty-five 47 hundred dollars ($2,500.00). 48 (2) Additionally, if the violation concerns a 49 residential unit and if the violation remains 50 uncorrected at the time of the conviction, the 51 court shall order the violator to abate or remedy 52 the violation in order to comply with the 53 provisions of this chapter. Except as otherwise 54 provided by the court for good cause shown, any E 55 such violator shall abate or remedy the violation 56 within six (6) months of the date of conviction. 57 Any person convicted of a second offense committed 58 within less than five (5) years after a first 59 offense under this chapter shall be punished by a 60 fine of not less than one thousand dollars 61 ($1,000.00) nor more than twenty-five hundred 62 dollars ($2,500.00). Any person convicted of a 63 second offense committed within a period of five 64 (5) to ten (10) years of a first offense under this 65 chapter shall be punished by a fine of not less 66 than five hundred dollars ($500.00) nor more than 67 twenty-five hundred dollars ($2,500.00). Any person 68 convicted of a third or subsequent offense 69 involving the same property committed within ten 70 (10) years of an offense under this chapter after 71 having been at least twice previously convicted 72 shall be punished by confinement in jail for not 73 more than ten (10) days and a fine of not less than 74 twenty-five hundred dollars ($2,500.00) nor more 75 than five thousand dollars ($5,000.00), either or 76 both. No portion of the fine imposed for such third 77 or subsequent offense committed within ten (10) 78 years of an offense under this chapter shall be 79 suspended. 3 80 (3) Except as otherwise provided, each day that a 81 violation continues shall constitute a separate 82 offense. 83 (b) (1) Any owner or any other person who violates any 84 provision of this chapter relating to the removal 85 or the covering of lead -based paint which poses a 86 hazard to the health of pregnant women and children 87 under the age of six (6) years who occupy the 88 premises shall, upon conviction, be guilty of a 89 misdemeanor and shall be subject to a fine of not 90 more than twenty-five hundred dollars ($2,500.00). 91 If the court convicts pursuant to this subsection 92 and sets a time by which such hazard must be 93 abated, each day the hazard remains unabated after 94 the time set for the abatement has expired shall 95 constitute a separate violation. 96 (2) Upon a reasonable showing to the court by a 97 landlord that such landlord is financially unable 98 to abate the lead -based paint hazard, the court 99 shall order any rental agreement related to the 100 affected premises terminated effective thirty (30) 101 days from the entry of the court order. For 102 purposes of the preceding sentence, termination of 103 the rental agreement shall not be deemed 104 noncompliance by the landlord. 0 105 (3) As used in this subsection, the term "landlord" 106 means the owner, lessor or sublessor of a dwelling 107 unit or the building of which such dwelling unit is 108 a part; and "landlord" also means a manager of the 109 premises who fails to disclose the name of such 110 owner, lessor or sublessor. ill (c) Except as otherwise provided, conviction of a violation 112 of any of the provisions of this chapter shall not preclude the 113 institution of legal proceedings to restrain, correct or abate such 114 violation or any other remedy at law or in equity. 115 COMMENT 116 Except for a technical amendment, this section is unchanged and is shown for reference 117 purposes only. 118 119 120 See. 16 12. Gerti€leates of eemp3 -^; ,.p....t;ens of eertain 121 . [Repealed] 122 123 S__. 1.6 12.1. Gertifieates of exemp ion. [Repealed] 124 COMMENT 125 The preceding to two sections are repealed, as they set forth the provisions of the City's current 126 rental inspection program, which has been superseded by legislation enacted by the 2004 General 127 Assembly. 128 129 Sec. 16-12.1. Establishment of Rental Inspection Districts. 130 a. The City Council may, by ordinance, designate one or more 131 areas of the City as rental inspection districts after holding a 132 public hearing thereon. Notice of the hearing shall be published 5 133 once per week for two successive weeks in a newspaper of general 134 circulation. The City Council shall, prior to designating any such 135 district, make the following findings: 136 1. There is a need to protect the public health, 137 safety and welfare of the occupants of dwelling 138 units inside the designated rental inspection 139 districts; 140 2. The residential rental dwelling units within the 141 designated rental inspection districts are either 142 (a) blighted or in the process of deteriorating, or 143 (b) the residential rental dwelling units are in 144 the need of inspection by the Code Enforcement 145 Administrator to prevent deterioration, taking into 146 account the number, acre and condition of 147 148 residential rental dwelling units inside the rental inspection districts, and 149 3. The inspection of residential rental dwelling units 150 inside the rental inspection districts is necessary 151 to maintain safe, decent and sanitary living 152 conditions for tenants and other residents living 153 in the rental inspection districts. 154 b. The City Council may, by ordinance, designate individual 155 residential rental dwelling units located outside of a designated 156 rental inspection district as subject to the provisions of this 157 Article, based upon a finding that: R 158 1. There is a need to protect the public health, 159 welfare and safety of the occupants of that 160 individual dwelling unit; 161 2. The individual residential rental dwelling units 162 are either blighted or in the process of 163 deteriorating; or 164 3. There is evidence of violations of the Building 165 Code that affect the safe, decent and sanit 166 living conditions for tenants in such individual 167 dwelling units. 168 C. A map showing the rental inspection districts described 169 in this section shall be available for public inspection in the 170 Department of Housing and Neighborhood Preservation. 171 COMMENT 172 The amendments provide that rental inspection districts are designated by City Council 173 according to the criteria in Lines 134-151. They also allow the City Council to designate individual 174 residential rental dwelling units outside of such districts according to the criteria set forth in Lines 156 - 17 5 165. 176 177 Sec. 16-12.2. Applicability. 178 The provisions of this Article shall apply to residential 179 rental dwelling units located within the districts designated by 180 the City Council pursuant to Section 16-12.1 (a) and to such other 181 individual residential rental dwelling units as the City Council 182 may designate pursuant to Section 16-12.1 (b). 183 COMMENT 184 The amendments provide that only residential rental dwelling units that are located in rental 185 inspection districts or individual residential rental inspection properties that have been designated as 7 186 subject to the provisions of the rental inspection program are included within the purview of this 187 Article. 188 189 Sec. 16-12.3. Notification. 190 a. After the designation of a rental inspection district or 191 the designation of an individual residential rental dwelling unit, 192 the Code -Enforcement Administrator shall make reasonable efforts to 193 notify all owners of residential rental dwelling units located 194 within the designated rental inspection districts and to the owners 195 of individual residential rental dwelling units so designated, or 196 their managing agents, of the adoption of the designation 197 ordinance. Such notification shall also include information 198 concerning, and an explanation of, the provisions of this Article 199 and the responsibilities of the owner pursuant to such provisions. 200 No initial inspection of any residential rental dwelling unit shall 201 be conducted until written notice of such inspection has been 202 provided to the owner of such unit. The mailing of said notice by 203 the Code Enforcement Administrator shall be deemed sufficient 204 notice for purposes of authorizing initial inspections pursuant to 205 this Article 206 b. The owner of any residential rental dwelling unit located 207 within an inspection district shall, no later than sixty (60) days 208 after the date of adoption of the ordinance, notify the Code 209 Enforcement Administrator in writing of any property that is used 210 as a residential rental dwelling unit. Such notice and information 211 shall be submitted on a form provided by the Code Enforcement 1-1 212 Administrator. Any owner who willfully fails to comply with the 213 requirements of this subsection after having been given notice 214 pursuant to Subsection (a) hereof shall be subject to a civil 215 penalty in the amount of Fifty Dollar ($50.00). Such civil penalty 216 shall be in lieu of all other penalties. 217 COMMENT 218 The amendments provide that, after the designation of a rental inspection district, the 219 Department of Housing and Neighborhood Preservation shall communicate, in writing, with the owners 220 of rental property within the district about the provisions of the ordinance and the responsibilities of the 221 owners of rental property. The owners of rental property then have sixty (60) days to notify the 222 Department, on forms provided, of any residential rental property they own located within the district. 223 Failure to notify the Department is a $50.00 civil penalty. 224 225 226 Sec. 16-12.4. Inspection and Certificate Required. 227 a. Initial Inspection. The Code Enforcement Administrator 228 may, in conjunction with written notification pursuant to Section 229 16-12.3, inspect the dwelling units in the designated rental 230 inspection districts to determine whether the units are used as 231 residential rental property and whether such units are in 232 compliance with the provisions of the Uniform Statewide Building 233 Code that affect the safe, decent and sanitary living conditions 234 for the tenants of such property. 235 b. Periodic Inspections. Following the initial inspection 236 of a residential rental dwelling unit, the Code Enforcement 237 Administrator may inspect any residential rental dwelling unit in a 238 rental inspection district that is not otherwise exempted a maximum 239 of once per calendar year. 9 240 c. Follow-up Inspections Upon the initial or periodic 241 inspection of a residential rental dwelling unit, the Code 242 Enforcement Administrator may require the owner of the dwelling 243 unit to submit to such follow-up inspections of the dwelling unit 244 as the Code Enforcement Administrator deems necessarv, until such 245 time as the dwelling unit is brought into compliance with the 246 provisions of the Uniform Statewide Building Code that affect the 247 safe, decent and sanitary livinq conditions for the tenants. a 249 This section provides for three types of inspection under the program, deemed Initial, Periodic 250 and Follow-up. Inspections are for violations that affect the safe, decent and sanitary living conditions 251 of the tenants under the Uniform Statewide Building Code. Inspections may be held once per year 252 unless an exemption applies. 253 254 Sec. 16-12.5. Exemptions. 255 (a) If, upon the initial or a periodic inspection of a 256 residential rental dwelling unit for compliance with the Uniform 257 Statewide Buildinq Code, the Code Enforcement Administrator 258 determines that there are no violations of the Uniform Statewide 259 Building Code that affect the safe, decent and sanitary livi 260 conditions for the tenants of such residential rental dwelling 261 unit, he shall provide to the owner of such residential rental 262 dwelling unit an exemption from the rental inspection ordinance for 263 a minimum of four years. 10 264 (b) Upon the sale of a residential rental dwelling unit, the 265 Code Enforcement Administrator may perform a periodic inspection 266 within a reasonable time after the consummation of such sale. 267 (c) If a newly - constructed residential rental dwelling unit 268 has been issued a certificate of occupancy within the four years 269 prior to the designation of the area as a rental inspection 270 district, an exemption shall be granted for a minimum period of 271 four years from the date of the issuance of the certificate of 272 occupancy. 273 (d) The Code Enforcement Administrator may revoke any such 274 exemption above if the residential rental dwelling unit becomes in 275 violation of the Uniform Statewide Building Code during the 276 exemption period. 277 COMMENT 278 The amendments provide that: 279 1. If the initial or a periodic inspection of a unit reveals no violations of the Uniform 280 Statewide Building Code that affect the safe, decent or sanitary living conditions of the 281 tenants, the unit will receive a 4-year exemption from inspection; 282 2. If a residential rental dwelling unit is sold, it may be inspected within a reasonable time; 283 3. If a certificate of occupancy for newly — constructed units has been issued within 4 years 284 of the designation of a rental inspection district, a minimum 4 year exemption shall be 285 granted to the property; and. 286 4. Any exemption may be revoked for violations of the Building Code during the 287 exemption period. ,:. 290 11 291 Sec. 16-12.6. Multi -family Developments. 292 a. If a multi -family development contains more than ten (10) 293 residential rental dwelling units during the initial and annual 294 inspections, the Code Enforcement Administrator shall inspect a 295 maximum of ten per cent (10%) of the number residential rental 296 dwelling -units, but not less than two (2) units. 297 b. If, upon inspection of a sampling of dwelling units, the 298 Code Enforcement Administrator determines that there are violations 299 of the Uniform Statewide Building Code that affect the safe, decent 300 and sanitary living conditions for the tenants of such multi -family 301 development, the Code Enforcement Administrator may inspect as many 302 dwelling units as he deems reasonably necessary to enforce the 303 Building Code. 304 COMMENT 305 For multi -family units of at least 10 units, and 10% of the units, with a minimum of two (2), 306 may be inspected. If violations are found, more units may be inspected at the discretion of the Code 307 Enforcement Administrator. 308 309 310 Sec. 16-12.7. Issuance of Certificate; Fees. 311 Except as provided in below, there shall be no inspection fee 312 for the inspection of a dwelling unit. If repairs or corrections 313 are deemed necessary by the Code Enforcement Administrator, and a 314 follow-up is required, no fee shall be charged for the follow-up. 315 If, however, subsequent follow-ups are required, there shall be 316 charge a fee of Fifty Dollars ($50.00) per dwelling unit for each 12 317 subsequent unit follow-up. No follow-up shall be performed, nor 318 any Certificate be issued, until all fees have been paid. 319 COMMENT 320 There are no fees for initial, periodic or follow-up inspections. The only fee is $50.00 for a 321 second follow-up and subsequent follow-up inspections. 322 323 324 Sec. 16-12.8. Effect on existing law. 325 a. Nothing in this Article shall be construed to limit, 326 impair, alter or extend the rights and remedies of persons in their 327 relationship of landlord and tenant as such rights and remedies 328 exist under applicable law. 329 b. Nothing in this article shall be construed to relieve or 330 exempt any person from otherwise complying with all applicable 331 laws, ordinances, standards and regulations pertaining to the 332 condition of buildings and other structures. 333 C. Nothing in this article shall be construed to limit the 334 authority of the Code Enforcement Administrator to perform housing 335 inspections in accordance with applicable law. 336 d. The City Council may amend any provisions of Sections 16- 337 2, 16-12.1, 16-12.2, 16-12.3, 16-12.4, 16-12.5, 16-12.6, 16-12.7, 338 16-12.8 or 16-12.9 after holding a public hearing. Notice of the 339 hearing shall be published once per week for two successive weeks 340 in a newspaper of general circulation. 341 COMMENT 342 The section provides that the provisions of certain related laws are not affected by this 343 ordinance. It also allows the City Council to amend its provisions, but only after a public hearing 344 held after notice is published once per week for two successive weeks. 13 345 346 Sec. 16-12.9. Violation; penalty. 347 a. Except as provided in Section 16-12.4, any person failing 348 to comply with the requirements of this Article shall be subject to 349 the penalties established in Section 16-11, provided, however, that 350 the Code- Enforcement Administrator may take such further and 351 additional action as is allowed by law in order to obtain 352 compliance with the requirements of this Article. 353 COMMENT 354 Penalties for violations of the rental inspection program shall be the same as for housing 355 violations - a misdemeanor with a fine of up to $2500. There is an exception for violation of Section 356 16-12.4 that is required by the Virginia Code. The section also provides that the Code Enforcement 357 Administrator may take other forms of legal action (e.g., seeking a civil injunction) in order to 358 obtain compliance. 359 360 361 This ordinance shall become effective on July 1, 2005. 362 Adopted by the City Council of the City of Virginia Beach, 363 Virginia, on this day of , 2005. CA-9610 OID/orders/proposed/residentialrental2ordin.doc R-8 June 6, 2005 APPROVED AS TO CONTENTS: Ho ing and ighborhood Preservatio APPR9VJD AS TO LE S FICI CY: City Attorney's Office 14 mu CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Designate Catholic Charities of Hampton Roads, Inc. as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: June 14, 2005 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1 Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. ■ Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemptions should be granted. However, granting this exemption would be inconsistent with the policy on tax exemptions adopted by the City Council on February 3, 2004, which provides that "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." The assessed value of personal property for which an exemption is requested is $49,168.40; the applicant currently owns no real property. The personal property taxes due are $1819.23. This represents less than one percent of the total expenditures of Catholic Charities of Hampton Roads, Inc. ■ Public Information: A public hearing on this matter has been advertised for June 14, 2005. ■ Attachments: Ordinance Recommended Action: Submitting Department/Agency: City Council City Manager.:4--�^ HAP&A \GG\Ord & Res \ARF's\CCHRAax.arf.doc 1 AN ORDINANCE TO DESIGNATE CATHOLIC 2 CHARITIES OF HAMPTON ROADS, INC., AS 3 BEING EXEMPT FROM LOCAL REAL AND 4 PERSONAL PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to Catholic Charities of 10 Hampton Roads, Inc. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates Catholic Charities of Hampton Roads, Inc., as a 15 charitable organization within the context of § 6(a)(6) of Article 16 X of the Constitution of Virginia. 17 2. That personal property owned by Catholic Charities of 18 Hampton Roads, Inc., located within the City of Virginia Beach that 19 is used exclusively for charitable purposes on a nonprofit basis is 20 hereby exempt from local property taxation. 21 3. This exemption is contingent on the following: 22 (a) continued use of the property by Catholic Charities 23 of Hampton Roads, Inc., for exclusively charitable 24 purposes; 25 (b) that each July 1, Catholic Charities of Hampton 26 Roads, Inc., shall file with the Commissioner of 27 the Revenue a copy of its most recent federal 28 income tax return, or, if no such return is 29 required, it shall certify its continuing tax 30 exempt status to the Commissioner of the Revenue; 31 and 32 (c) That every three years, beginning on July 1, 2008, 33 Catholic Charities of Hampton Roads, Inc., shall 34 file with the Commissioner of the Revenue an 35 application for continuation of the exemption. 36 4. That the effective date of this exemption shall be July 37 1, 2005. 38 Adoption requires an affirmative vote of three -fourths of the 39 members of the City Council. 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia, on the day of , 2005. CA-9541 H:\PA\GG\ORDRES\CCHR.doc R=1 June 2, 2005 APPROVED AS TO LUALUFFI IENCY: N. 6. City Attorney's Office 2 s City of Virgiriia Beach * a ry -• • 2 � 2 9�S OP OUR NAS10N�0 LESLIE L. LILLEY MUNICIPAL CENTER CITY ATTORNEY BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456.9004 June 2 2005 (757) 427-4531 FAX (757) 426.5687 TDD (757) 427-4305 Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: Local Tax Exemption Ordinances Dear Mayor Oberndorf and Members of Council: At the June 14, 2005 Council meeting, a public hearing on the subject of local tax exemptions requests has been scheduled. As you will recall, the public hearing is a prerequisite for City Council to grant requests from organizations that desire relief from the City's personal property and/or real estate taxes. In order to assist you in your consideration of these requests, we are enclosing copies of the applications filed by both organizations whose requests will be the subject of the public hearing. The following table summarizes the two requests to be heard on June 14: ' rgaaijza�r`oa rah 2 L :PiaPe� Assessirient �II�I Prof Taxes Diie ReTk ErapeiN Assessmeu - �Reap ProPeri3 Tapes Due . TataTaxes- Due :... .. Catholic Charities $49,168.40 $1,819.23 $0 $0 $1,819.23 of Hampton Roads, Inc. Virginia Beach $13,183.20 $487.77 $816,327.00 $9,766.54 $10,254.31 Fraternal Order of Police Lodge #8 Honorable Meyera E. Oberndorf, Mayor 2 June 2, 2005 Members of City Council Under State law, the City Council must consider the following factors in determining whether to grant an exemption: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services; 5. Whether the organization provides services for the common'good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. As you know, the Community Organization Grant (COG) Committee reviews applications and recommends whether or not an exemption should be granted. The Committee has reviewed the applications and has recommended that an exemption be granted for both applicants coming before you on June 14. At the same time, however, you should be aware that, according to the policy on tax exemptions adopted by the City Council on February 3, 2004 (copy enclosed), "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for last fiscal year (whichever is Honorable Meyera E. Oberndorf, Mayor 3 Members of City Council June 2, 2005 greater)." If that policy is adhered to, neither of the current applications could be granted. Catholic Charities of Hampton Roads' property taxes represent less than one percent of the organization's expenditures for the fiscal year. Virginia Beach Fraternal Order of Police Lodge #8's property taxes represent 4.7 percent of the organization's expenditures for the fiscal year. As a- final matter, while the public hearing has been advertised for June 14, the City Council may, if it desires, defer voting on each application until a later date. The decision is entirely within City Council's discretion. If any of you has any questions, or wishes to discuss this matter, please do not hesitate to call me. Very truly yours, W1 liam kMacali Deputy City Attorney VINDNJKT Enclosures c(w/o enc): James K. Spore, City Manager �ru !v •may � �-,� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Designate Virginia Beach Fraternal Order of Police Lodge #8 as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: June 14, 2005 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. ■ Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemptions should be granted. However, granting this exemption would be inconsistent with the policy on tax exemptions adopted by the City Council on February 3, 2004, which provides that "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for the last fiscal year (whichever is greater)." The assessed value of personal property for which an exemption is requested is $13,183.20; the assessed value of personal property for which an exemption is requested is $816,327. The personal property taxes due are $487.77; the real property taxes due are $9,766.54. The taxes due represent 4.7 percent of the total expenditures of Virginia Beach Fraternal Order of Police Lodge #8. ■ Public Information: A public hearing on this matter has been advertised for June 14, 2005. ■ Attachments: Ordinance Recommended Action: Submitting Department/Agency: City Council City Manager'--' anage HAP&A \GG\Ord & Res 's=HR.tax.arf.doc 1 AN ORDINANCE TO DESIGNATE VIRGINIA 2 BEACH FRATERNAL ORDER OF POLICE 3 LODGE #8 AS BEING EXEMPT FROM LOCAL 4 REAL AND PERSONAL PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to Virginia Beach Fraternal 10 Order of Police Lodge #8. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates Virginia Beach Fraternal Order of Police Lodge #8 15 as a charitable organization within the context of § 6(a)(6) of 16 Article X of the Constitution of Virginia. 17 2. That real and personal property owned by Virginia Beach 18 Fraternal Order of Police Lodge #8 located within the City of 19 Virginia Beach that is used exclusively for charitable purposes on 20 a nonprofit basis is hereby exempt from local property taxation. 21 3. This exemption is contingent on the following: 22 (a) continued use of the property by Virginia Beach 23 Fraternal Order of Police Lodge #8 for exclusively 24 charitable purposes; 25 (b) that each July 1, Virginia Beach Fraternal Order of 26 Police Lodge #8 shall file with the Commissioner of 27 the Revenue a copy of its most recent federal 28 income tax return, or, if no such return is 29 required, it shall certify its continuing tax 30 exempt status to the Commissioner of the Revenue; 31 and 32 (c) That every three years, beginning on July 1, 2008, 33 Virginia Beach Fraternal Order of Police Lodge #8 34 shall file with the Commissioner of the Revenue an 35 application for continuation of the exemption. 36 4. That the effective date of this exemption shall be July 37 1, 2005. 38 Adoption requires an affirmative vote of three -fourths of the 39 members of the City Council. 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia, on the day of , 2005. CA-9541 H:\PA\GG\ORDRES\FOP.doc R-1 June 2, 2005 APPROVED AS TO LEGAL SUFF CIENCY: City Attorney'9 Office 4 i � r -, r: � ': f � City of Virgiriia Beach �y 2 S OF OUR NAt10N5 LESLIE L. LILLEY CITY ATTORNEY Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9004 (757) 427-4531 June 2, 2005 FAX (757) 426-5687 TDD (757) 427-4305 Re: Local Tax Exemption Ordinances Dear Mayor Oberndorf and Members of Council: At the June 14, 2005, Council meeting, a public hearing on the subject of local tax exemptions requests has been scheduled. As you will recall, the public hearing is a prerequisite for City Council to grant requests from organizations that desire relief from the City's personal property and/or real estate taxes. In order to assist you in your consideration of these requests, we are enclosing copies of the applications filed by both organizations whose requests will be the subject of the public hearing. The following table summarizes the two requests to be heard on June 14: ��g�n�.zahc�n• ,•�� Fxopear ProperCy : Proper Piaper,° Due ?,-,Assessment Taxes Due' Assessment Taxes blue Catholic Charities $49,168.40 $1,819.23 $0 $0 $1,819.23 of Hampton Roads, Inc. Virginia Beach $13,183.20 $487.77 $816,327.00 $9,766.54 $10,254.31 Fraternal Order of Police Lodge #8 Honorable Meyera E. Oberndorf, Mayor 2 June 2, 2005 Members of City Council Under State law, the City Council must consider the following factors in determining whether to grant an exemption: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. As you know, the Community Organization Grant (COG) Committee reviews applications and recommends whether or not an exemption should be granted. The Committee has reviewed the applications and has recommended that an exemption be granted for both applicants coming before you on June 14. At the same time, however, you should be aware that, according to the policy on tax exemptions adopted by the City Council on February 3, 2004 (copy enclosed), "[t]he organization's property taxes must represent a significant burden, at least either $250 or more annually or 5% or more of its expenditures for last fiscal year (whichever is Honorable Meyera E. Oberndorf, Mayor Members of City Council June 2, 2005 greater)." If that policy is adhered to, neither of the current applications could be granted. Catholic Charities of Hampton Roads' property taxes represent less than one percent of the organization's expenditures for the fiscal year. Virginia Beach Fraternal Order of Police Lodge #8's property taxes represent 4.7 percent of the organization's expenditures for the fiscal year. Asa final matter, while the public hearing has been advertised for June 14, the City Council may, if it desires, defer voting on each application until a later date. The decision is entirely within City Council's discretion. If any of you has any questions, or wishes to discuss this matter, please do not hesitate to call me. Very truly yours, � e L lie L. Lilley City Attorney WMM/LLL/JKT Enclosures c(w/o enc): James K. Spore, City Manager L.�,ao ��xxff CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Amend Chapter 22 of the City Code by Adding a New Section 22-11.2 Pertaining to Obscene Sexual Display MEETING DATE: June 14, 2005 ■ Background: The 2005 General Assembly added § 18.2-387.1 to the Code of Virginia. This provision allows the City to add § 22-11.2 to the City Code making certain obscene acts and displays unlawful. ■ Considerations: This amendment makes unlawful the intentional acts of simulated and actual masturbation in public places. ■ Public Information: This Ordinance will be advertised in the same manner as other agenda items. ■ Recommendations: Adoption of Ordinance ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Department l�- City Manager: `g) 4 `V'*� 1 AN ORDINANCE TO AMEND CHAPTER 22 OF THE 2 CITY CODE BY ADDING A NEW SECTION 22- 3 11.2 PERTAINING TO OBSCENE SEXUAL 4 DISPLAY 5 6 SECTION ADDED: § 22-11.2 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Chapter 22 of the City Code is hereby amended and 10 reordained by the addition of a new section 22-11.2, to read as 11 follows: 12 Sec. 22-11.2. Obscene sexual display; penalty. 13 Any person who, while in any public place where others are 14 present, intending that he be seen by others, intentionally and 15 obscenely as defined in § 22-2, engages in actual or explicitly 16 simulated acts of masturbation, is quilty of a Class 1 17 misdemeanor. 18 COMMENT 19 This amendment makes unlawful the intentional acts of simulated and actual masturbation 20 in public places. 21 22 Adopted by the City Council of the City of Virginia Beach, 23 Virginia, on this day of , 2005. APPROVED AS TO CONTENTS: Police Department 1 APPROVED AS TO LEGAL SUFFICIENCY: City torne 's ffice CA-9636 GG/ORDRES/PROPOSED/22-11.2etal ORD R-4 June 3, 2005 off' '�gr 4 k5 zs> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend §§ 23-38 and 23-45.1 of the City Code and Add §§ 23-7.4 and 23-8.3 MEETING DATE: June 14, 2005 ■ Background: The 2005 General Assembly amended several provisions of the Virginia Code that affect Chapter 23 of the City Code. The State Code changes necessitate amending City Code § 23-38 and 23-45.1, and allow for the addition of §§ 23-7.4 and 23-8.3 to the City Code. ■ Considerations: Adding § 23-7.4 makes escaping from the lawful custody of a law enforcement officer, without force or violence, a Class I misdemeanor. The addition of § 23-8.3 will allow the City to be reimbursed, up to $1,000.00, for costs associated with responding to terrorism hoax incidents. Amending § 23-38 makes it a Class 1 misdemeanor to intentionally damage any property, regardless its worth, and provides for a minimum $500.00 fine for gang - related graffiti convictions, or for defacing items more than 20 feet off the ground, or overpasses. It also allows the City to remove the defacement from private property, at the City's expense, if the property owner or lessee frails to do so after proper notice. Amending § 23-45.1 requires the Class I misdemeanor of filming a non - consenting adult age 18 or older be knowing and intentional. This prohibition is extended to still image records and makes it unlawful to position a camera in a way that allows the filming of specified body parts not otherwise visible to the general public. ■ Public Information: This Ordinance will be advertised in the same manner as other agenda items. ■ Recommendations: Adopt ordinance ■ Attachments: Ordinance Recommended Action: Approve Recommendation Submitting Department/Agency: Police City Manage . �lL 1 AN ORDINANCE TO AMEND §§ 23-38 PERTAINING TO 2 DAMAGING, DEFACING, PROPERTY GENERALLY AND 23- 3 45 UNLAWFUL FILMING, VIDEOTAPING OR 4 PHOTOGRAPHING OF ANOTHER AND ADD §§ 23-7.4 5 PERTAINING TO ESCAPE WITHOUT FORCE OR VIOLENCE 6 OR SETTING FIRE TO JAIL AND 23-8.3 PERTAINING 7 TO REIMBURSEMENT OF EXPENSES INCURRED 8 RESPONDING TO TERRORISM HOAX INCIDENT 9 10 11 SECTION AMENDED: §§ 23-38 and 23-45.1 12 SECTIONS ADDED: §§ 23-7.4 and 23-8.3 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That Sections 23-38 and 23-45.1 of the City Code are hereby 16 amended and reordained and Sections 23-7.4 and 23-8.3 of the City 17 Code are hereby added, to read as follows: 18 Sec. 23-7.4. Escape without force or violence or setting fire to 19jail 20 Except as provided in Virginia Code § 18.2-479.B, any person 21 lawfully confined in jail or lawfully in the custody of any court, 22 officer of the court, or of any law -enforcement officer for 23 violation of his probation or parole or on a charge or conviction 24 of a misdemeanor, who escapes, other than by force or violence or 25 by setting fire to the jail, is guilty of a Class 1 misdemeanor. 26 COMMENT 27 This amendment declares the escape of a person from the lawful custody of a law enforcement 28 officer by means other than force or violence or setting fire to the jail a Class 1 misdemeanor. 29 30 . . . . 1 31 Sec. 23-8.3. Reimbursement of expenses incurred in responding to 32 terrorism hoax incident. 33 34 Any person who is convicted of a 18.2-46.6 subsection B or C when his violation violation of Virginia Code § of such section is 35 the proximate cause of any incident resulting in an appropriate 36 emergency response, shall be liable at the time of sentencing or in 37 a separate civil action, to the Citv, to any volunteer rescue 38 squad, or both, which may provide such emergency response for the 39 reasonable expense thereof, in an amount not to exceed $1,000 in 40 the aggregate for a particular incident occurring in the City. In 41 determining the "reasonable expense," the City may bill a flat fee 42 of $250 or a minute -by -minute accounting of the actual costs 43 incurred. As used in this section, "appropriate emergency 44 response" includes all costs of providing law -enforcement, fire- 45 fighting, rescue and emergency medical services. The provisions of 46 this section shall not preempt or limit any remedy available to the 47 Commonwealth, to the Citv or to any volunteer rescue squad to 48 recover the reasonable expenses of an emergency response to an 49 incident not involving a terroristic hoax as set forth herein. 50 COMMENT 51 This amendment allows the courts to order a convicted defendant to reimburse the City for the 52 reasonable expenses, not to exceed $1,000.00, it incurs in responding to a terrorism hoax incident. 53 54 . . . . 2 55 Sec. 23-38. Damaging, defacing, etc., property generally. 56 (a) If any person, unlawfully but not feloniously, destroys, 57 defaces, damages or removes without the intent to steal any 58 property, real or personal, not his own, he shall be guilty of a 59 Class 3 misdemeanor. 60 (b) If any person intentionally causes such injury, he shall 61 be guilty of a Class 1 misdemeanor if the valise—ef e-r Elafft ge to the 62 The 63 punishment for any such violation in which the defacement is (i) 64 more than 20 feet off the ground, (ii) on a railroad or highway 65 overpass, or (iii) committed for the benefit of, at the direction 66 of, or in association with any criminal street gang, as that term 67 is defined by Code of Virginia § 18.2-46.1, shall include a 68 mandatory minimum fine of $500. The amount of loss caused by the 69 destruction, defacing, damage or removal of such property may be 70 established by proof of fair market cost of repair or fair market 71 replacement value. Upon conviction, the court may order tnat the 72 defendant pay restitution. 73 (c) After giving notice to the owner and lessee, if any, of 74 any private building or facility that has been defaced that, within 75 15 days of receipt of such notice, if the owner or lessee does not 76 clean or cover the defacement or object to the removal of the 77 defacement, the City may clean or cover the defacement at the 78 City's expense. 3 79 CONEVVIENT 80 This amendment makes the intentional destruction of property, regardless of its value, a Class 1 81 misdemeanor. This amendment also provides for a minimum mandatory fine of $500.00 for defendants 82 convicted of defacing property (graffiti) for gang purposes or, if the item defaced is more than 20-feet 83 off the ground or, if the item defaced is a railroad or highway overpass. It also allows the City to 84 remove the defacement from private property, at the City's expense, if the property owner or lessee fail 85 to do so after proper notice. 86 87 Sec. 23-45.1. Unlawful filming, videotaping or photographing of 88 another. 89 90 (a) It shall be unlawful for any person to knowingly and 91 intentionally videotape, photograph or film any nonconsenting 92 person 18 years of age or older or create any videographic of still 93 image record by any means whatsoever of the nonconsenting person 18 94 years of age or older if (i) that person is totally nude, clad in 95 undergarments, or in a state of undress so as to expose the 96 genitals, pubic area, buttocks or female breast in a restroom, 97 dressing room, locker room, hotel room, motel room, tanning booth, 98 bedroom or other location; or (ii) the videotape, photograph, film 99 or videographic or still image record is created by placing the 100 lens or image gathering component of the recording device in a 101 position directly beneath or between a person's legs for the 102 purpose of capturing an image of the person's intimate parts or 103 undergarments covering those intimate parts when the intimate parts 104 or undergarments would not otherwise be visible to the general 105 public; and (Ii) the circumstances set forth in clause (i) and (ii) 106 are otherwise such that the person being videotaped, photographed 0 107 e-r- , filmed or otherwise recorded would have a reasonable 108 expectation of privacy. 109 (b) This section shall not apply to filming, videotaping or 110 photographing or other still image or videographic recording by (i) Ill law -enforcement officers pursuant to a criminal investigation which 112 is otherwise lawful or (ii) correctional officials and local or 113 regional jail officials for security purposes or for investigations 114 of alleged misconduct involving a person committed to the 115 Department of Corrections or to a local or regional jail, or to any 116 sound recording of an oral conversation made as a result of any 117 videotaping or filming pursuant to chapter 6 (§ 19.2-61 et seq.) of 118 title 19.2 of the Code of Virginia. 119 (c) A violation of subsection (a) shall be punishable as a 120 Class 1 misdemeanor. 121 COMMENT 122 It is currently unlawful and a Class 1 misdemeanor to film any nonconsenting adult age 18 or 123 older. This amendment stipulates that the filming must be knowing and intentional. This prohibition is 124 extended to still image records and makes it unlawful to position a camera in a way that allows the 125 filming of specified body parts not otherwise visible to the general public. 126 Adopted by the City Council of the City of Virginia Beach, 127 Virginia, on this day of , 2005. APPROVED AS TO CONTENTS: Police/e4lart ent APPROVED AS TO LEGAL SUFFICIENCY: 9 CA-9631 ORDRES/PROPOSED/23-38etal ord R-6 June 6, 2005 �ShT }off; YZf CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance To Amend And Reordain Section 27-3 Of The City Code Pertaining To Authority Of Police Department To Furnish Copies Of Records, Perform Certain Services, Etc. And Fees Thereof MEETING DATE: June 14, 2005 ■ Background: The 2005 General Assembly amended § 19.2-392 of the Code of Virginia allowing an increase in the fingerprint card fee charged by the Police Department. Additionally, reference to the fees no longer charged or collected by other departments will be deleted. ■ Considerations: This amendment allows the Police Department to charge a $10 fee for the first fingerprint card voluntarily requested by a citizen and a $5 fee for each subsequent card request. Additionally, as a housecleaning matter, the following items were deleted from this provision at the request of the Police Services Unit, for the reasons indicated: (1) bingo permit and raffle permit applications are removed because these applications and fees are now submitted to the State Gaming Commission, (2) dance hall permits and turkey shoot permits are removed because there are no longer any dance halls or turkey shoots in the City of Virginia Beach, and (3) concealed weapons permits are removed because the City no longer issues concealed weapons permits and the Circuit Court now collects the State's fee. ■ Public Information: This Ordinance will be advertised .in the same manner as other agenda items. ■ Recommendations: Adopt ordinance ■ Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Police Department City Manager: 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 27-3 OF THE CITY CODE 3 PERTAINING TO THE AUTORITY OF 4 POLICE DEPARTMENT TO FURNISH COPIES 5 OF RECORDS, PERFORM CERTAIN 6 SERVICES, ETC. AND FEES THEREOF 7 8 SECTION AMENDED: § 27-3 9 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That Section 27-3 of the City Code is hereby amended and 14 reordained to read as follows: 15 Sec. 27-3. Authority of department to furnish copies of 16 records, perform certain services, etc., and fees therefor. 17 (a) The department of police is hereby authorized to release 18 forensic photographs after all criminal charges are resolved and 19 when such release is provided by law, to furnish photostatic 20 copies of accident reports and offense reports, and to allow 21 such reports to be viewed by proper persons consistent with the 22 provisions of the Virginia Freedom of Information Act, Code of 23 Virginia § 2.2-3700. 24 (b) The Chief of Police is hereby authorized to make record 25 checks and reports (local record only) and take fingerprints of 26 individuals on request. For the processing of applications for 27 permits required by law, the following fees shall be charged: 28 (1) Record check and report by name (local) . . . 15.00 29 (2) (i) First -Ffingerprint card of— ndi idiaalT-en requested 30 by individuals . . . �-&G 10.00 31 (ii) Subsequent fingerprint cards requested by 32 individuals . 5.00 33 (3) - P r-e e e s s binge—pe-Emit a-gp l i eel e n ... 1 ^�.9P 37 +7+ Certificate for public convenience and necessity. . . 50.00 38 +}- Precious metals permit . . . 200.00 39 4-9+ Vendor permit . . . 25.00 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia, on the day of , 2005. APPROVED AS TO CONTENTS: olice Department APPROVED AS TO LEGAL SUFFICIENCY: City ttorney s Office CA9639 H:\PA\GG\ORDRES\PROPOSED\Police Fees for Copies ord R-2 June 3, 2005 NM, s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend § 7-47 of the City Code Pertaining to Lights and Reflectors MEETING DATE: June 14, 2006 ■ Background: The City Code contains safety requirements for bicycle use. The General Assembly recently amended Virginia Code § 46.2-1015, which is the state code section that regulates bicycle safety. The attached ordinance will amend the City Code to bring it into conformance with the newly revised state code provision. ■ Considerations: This amendment requires the use of an operational taillight when riding a bicycle between sunset and sunrise on a highway that has a speed limit of 35 mph or more. ■ Public Information: This Ordinance will be advertised in the same manner as other agenda items. ■ Recommendations: Adoption ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police/SW City Manager: V-, 'NN771' 1 AN ORDINANCE TO AMEND § 7-47 OF THE CITY CODE 2 PERTAINING TO LIGHTS AND REFLECTORS 3 4 SECTION AMENDED: § 7-47 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That Section 7-47 of the City Code is hereby amended and 10 reordained, to read as follows: 11 Sec. 7-47. Lights and reflectors. 12 (a) Every bicycle, electric personal assistive mobility 13 device, electric power -assisted bicycle, electric -powered wheeled 14 device, gas -powered wheeled device and moped when in use between 15 sunset and sunrise shall be equipped with a 1afRp headlight on the 16 front which shall emit a white light visible in clear weather from 17 a distance of at least five hundred (500) feet to the front and 18 with a red reflector on the rear of a type approved by the 19 superintendent of the state police which shall be visible from 20 distances of six hundred (600) feet to the rear when directly in 21 front of lawful lower beams of headlamps on a motor vehicle. 22 (b) Every bicycle, electric personal assistive mobility 23 device, electric power -assisted bicycle, electric -powered wheeled 24 device, gas -powered wheeled device and moped when in use between 25 sunset and sunrise shall be equipped with reflective material of 26 sufficient size and reflectivity to be visible from both sides for 27 six hundred (600) feet, when directly in front of lawful lower 28 beams of headlamps of a motor vehicle, or in lieu of such 1 29 reflective material, with a lighted lamp visible from both sides 30 from a distance of at least five hundred (500) feet. 31 (c) Every bicycle, or its rider, shall be equipped with a 32 light emitting a red light plainly visible in clear weather from a 33 distance of at least 500 feet to the rear when in use between 34 sunset and sunrise and operating on any highway with a speed limit 35 of 35 mph or greater. Any such light shall be of a type approved 36 by the superintendent of the State Police. 37 COMMENT 38 This amendment requires the use of an operational tail light on a bicycle or its rider when 39 riding between sunset and sunrise on a highway with a speed limit of 35 mph or greater. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2005. APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: n TD'olfc,X D partment City t t o ney Office CA-9508 ORDRES/PROPOSED/7-47 ord R-3 June 2, 2005 2 �aeq� Z..rV�vr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 21-16, 21-128, 21-150, 21-194, 21- 314, 21-344 and 21-496, Repeal Section 21-300 and Add Section 21- 23.1 MEETING DATE: June 14, 2005 ■ Background: The 2005 General Assembly amended a number of Virginia Code provisions relating to traffic laws. Those changes, which take effect on July 1, 2005, necessitate amending, repealing or adding corresponding sections of the City Code. The City Code amendements set forth in the proposed ordinance will bring the City Code into conformity with the new Virginia Code provisions. ■ Considerations: The following City Code amendments are contained in the proposed ordinance: § 21-16 allows Department of Environmental Quality vehicles responding to emergencies to pass slow or stopped vehicles on the right by leaving the paved portion of the highway; § 21-23.1 allows for a civil penalty not to exceed $250 and license suspension for up to 30 days for drivers who fail to pay for fuel at gas stations ("drive -offs"). § 21-300 is repealed because the sunset provision in the Virginia Code, which ends the City's authority to have its Photo Red -Light Program, becomes effective July 1, 2005. § 21-128 prohibits vehicle drivers from viewing video displays while driving. § 21-150 allows neighborhood patrol vehicles, approved by the Chief of Police, to be equipped with amber warning lights as long as they are not lit when the vehicle is in motion. It also allows Department of Environmental Quality vehicles to be equipped with flashing, blinking or alternating red or red and white combination lights; § 21-194 provides that any person operating an over -weight vehicle on a two- lane highway where passing is permitted, is guilty of a traffic infraction and shall be fined $250; § 21-314 allows the court to issue a restricted license to persons convicted of a reckless driving offense that results in the suspension of their driver's license § 21-344 allows localities to seek reimbursement for expenses related to responding to DUI related accidents when the defendant is a juvenile; and § 21-496 clarifies that "hit and run" is a misdemeanor when damages are $1,000 or less, and requires a driver who cannot find the owner of the damaged property to leave his name and contact information in a conspicuous place at the scene of the accident. ■ Public Information: This Ordinance will be advertised in the same manner as other agenda items. ■ Recommendations: Adoption of ordinance. ■ Attachments: Ordinance Recommended Action: Approve Recommendation Submitting Department/Agency: Police4W4' City Manager: Klla&L 1 AN ORDINANCE TO AMEND SECTIONS 21-16, 21-128, 2 21-150, 21-194, 21-314, 21-344 AND 21-496,ADD 3 SECTION 21-23.1 AND REPEAL SECTION 21-300 OF 4 THE CITY CODE, PERTAINING TO TRAFFIC 5 REGULATIONS TO REFLECT CHANGES IN STATE LAW 6 7 8 Sections Amended: §§ 21-16, 21-128, 21-150, 9 21-1941 21-314, 21-344 AND 21-496 10 11 Section Added: § 21-23.1 12 13 Section Repealed: § 21-300 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 That Sections 21-16, 21-128, 21-150, 21-194, 21-314, 21-344 17 AND 21-496 of the City Code are hereby amended and reordained, 18 Section 21-23.1 of the City Code is hereby added and Section 21-300 19 is hereby repealed, to read as follows: 20 Sec. 21-16. Exemptions for operators of emergency vehicles. 21 . . . . 22 (e) A Department of Environmental Quality vehicle, while en 23 route to an emergency and with due regard to the safety of persons 24 and property, may overtake and pass stopped or slow -moving vehicles 25 by going off the paved or main traveled potion of the highway on 26 the right or on the left. These Department of Environmental 27 Quality vehicles shall not be required to sound a siren or any 28 device to give automatically intermittent signals, but shall 29 display red or red and white warning lights when performing such 30 maneuvers. 1 31 COMMENT 32 Amending this section allows Department of Environmental Quality vehicles responding to 33 emergencies to pass slow or stopped vehicles on the right or left by leaving the paved portion of the 34 highway. 35 . . . . 36 Sec. 21-23.1 Driving a motor vehicle from establishment where 37 motor fuel offered for sale; suspension of license; penalty. 38 (a) No person shall drive a motor vehicle off the premises of 39 an establishment at which motor fuel offered for retail sale was 40 dispensed into the fuel tank of such motor vehicle unless payment 41 for such fuel has been made. 42 (b) Any person who violates this section shall be liable for 43 civil penalty not to exceed $250. 44 (c) The driver's license of any person found to have violated 45 this section (i) may be suspended, for the first offense, for a 46 period of up to 30 days and (ii) shall be suspended for a period of 47 30 days for the second and subsequent offenses. 48 (d) Nothing herein shall preclude a prosecution for larceny. COMMENT 50 Adding this section to the City Code allows for a civil penalty not to exceed $250 and license 51 suspension up to 30 days for a driver who drives away without paying for his gas. 52 . . . . 53 Sec. 21-128. Television receivers in vehicles. 54 (a) No motor vehicle operated in the city shall be equipped 2 55 with, nor shall there be used therein, a television receiver 56 forward of the driver's seat or the screen of which would otherwise 57 be visible to the driver while operating the vehicle. This section 58 shall apply to all motor vehicles which are registered or should be 59 registered in the state. The operator of a motor vehicle which is 60 not registered in the state and is not required to be registered in 61 the state shall not operate a television receiver which violates 62 the provisions of this section while driving through or within the 63 city. Any person violating this section shall be guilty of a 64 misdemeanor. 65 . . . . 66 (c) Except for display explicitly authorized in subsection 67 (a), no driver of any motor vehicle shall view any motion picture 68 or similar video display while driving. 69 COMMENT 70 Amending this section of the City Code prohibits vehicle drivers from viewing video displays 71 while driving. 72 73 . . . . 74 Sec. 21-150. Flashing, blinking or alternating colored lights. 75 (a) Only law enforcement vehicles may be equipped with 76 flashing, blinking or alternating blue, blue and red, blue and 77 white, or red, white and blue combination warning lights of types 78 approved by the superintendent. 79 (b) Only the following vehicles may be equipped with 80 flashing, blinking, or alternating red or red and white combination 3 81 lights which shall be of types approved by the superintendent: 82 83 (8) Department of Environmental Quality Vehicles. 84 (c) Only the following vehicles may be equipped with 85 flashing, blinking or alternating amber warning lights, which shall 86 be of types approved by the superintendent: 87 . . . . 88 (19) Vehicles used as pace cars, security vehicles, or fire- 89 fighting vehicles by any speedway or motor vehicle race 90 track, provided that the amber lights are not lit while 91 the vehicle is being operated on a public highway; a7nd 92 (20) Vehicles used by municipal safety officers in the 93 performance of their official duties. For the purpose of 94 this subdivision, "municipal safety officers" means 95 municipal employees responsible for managing municipal 96 safety programs and ensuring municipal compliance with 97 safety and environmental regularity mandates—; and 98 (21) Vehicles used in patrol work by members of neighborhood 99 watch groups approved by the chief law -enforcement 100 officer of the locality in their assigned neighborhood 101 watch program area, provided that the vehicles are 102 clearly identified as neighborhood watch vehicles, and 103 the amber lights are not lit while the vehicles is in 104 motion. 2 105 . . . . 106 COMMENT 107 This amendment allows neighborhood patrol vehicles, approved by the Chief of Police, to be 108 equipped with amber warning lights as long as they are not lit when the vehicle is in motion and allows 109 Department of Environmental Quality vehicles to be equipped with flashing, blinking or alternating red 110 or red and white combination lights. 111 112 Sec. 21-194. Maximum length --Generally. 113 (a) Except as otherwise specifically provided, no motor 114 vehicle exceeding a length of forty (40) feet shall be operated on 115 any highway of the city. The actual length of any combination of 116 vehicles coupled together, including any load thereon, shall not 117 exceed a total of sixty (60) feet, and no tolerance shall be 118 allowed that exceeds twelve (12) inches; provided that, the city 119 manager, when good cause is shown, may issue a special permit for 120 combinations in excess of sixty (60) feet, including any load 121 thereon, where the object or objects to be carried cannot be moved 122 otherwise. 123 . . . . 124 (e) Any person operating a vehicle whose length is not in 125 conformity with the provisions of this chapter on a two-lane 126 highway where passing is permitted shall be guilty of a traffic 127 infraction and fined $250. 128 COMMENT 129 This amendment provides that any person operating an over -weight vehicle on a two-lane 130 highway where passing is permitted is guilty of a traffic infraction and shall be fined $250. 5 131 . . . . 132 See. 21 300Use Of-PhetE1-i{ienitering systems ta enferee traffi—e 133 light signals; penalty. REPEALED. 134 135 S eet i en 46.2 8 33.91—ems the Gede—of--V—g '1—cc�( I g S n rn -,——��Ti—cry 136 amended, •..h ; eh per-tains t e the use ef phe t e-xaenit eL-ingsyst efas te 137 e n f ei-ee-ti-afTi elight s i gas , is heEeby adepted and i n eorpe:Fated 138 139 seetien 46.2 1343—ems- the —cede—ef Virginia. r,,rsuanz—te the 140 ricevi siees e f seetzien 4: 4:3 n�—e eGede ef Vir-ginia, thee e 141 peraten e€— the abego-e refereneed—seetien of the—^ede e_ 142 Virginia shall inel:ade all fiature amenelffients te that seetien. This 143 seetien shall be—e€€eetive iuntil 4:3ly 1, 29G5 144 COMMENT 145 This section is repealed because the sunset provision in the State Code, ending the City's 146 authority to have its Photo -Red Light Program, becomes effective July 1, 2005. 147 148 Sec. 21-314. Same -Penalty for reckless driving under section 21- 149 311, 21-312 or 21-313. 150 151 (a) Every person convicted of reckless driving under section 152 21-311, 21-312 or 21-313 shall be guilty of a Class 1 misdemeanor. 153 (b) In addition to the penalties prescribed in subsection 154 .(a), if any person is convicted of reckless driving under any 155 section referred to therein, the court may suspend any license 156 issued to such convicted person under Chapter 3 (section 46.2-300 157 et seq.) of Title 46.2 of the Code of Virginia, for a period of not n 158 less than sixty (60) days nor more than six (6) months and such 159 court shall require the convicted person to surrender his license 160 so suspended to the court where it shall be disposed of in 161 accordance with section 21-276. If a person so convicted has not 162- obtained the license required by such chapter, or is a nonresident, 163 the court may direct in the judgment of conviction that such person 164 shall not, for a period of not less than sixty (60) days or more 165 than six (6) months as may be prescribed in the judgment, drive or 166 operate any motor vehicle in this commonwealth. The court or the 167 clerk of court shall transmit the license to the commissioner along 168 with the report of the conviction required to be sent to the 169 department of motor vehicles. 170 (c) The court may, in its discretion and for good cause 171 shown, provide that such person be issued a restricted permit to 172 operate a motor vehicle during the period of suspension for any of 173 the purposes set forth in subsection E of Virginia Code § 18.2 - 174 271.1. The court shall forward to the Commissioner a copv of its 175 order entered pursuant to this section, which shall specifically 176 enumerate the restrictions imposed and contain such information 177 regarding the person to whom such a permit is issued as is 178 reasonably necessary to identify such person. The court shall also 179 provide a copy of its order to the person who may operate a motor 180 vehicle on the order until receipt from the Commissioner of a 181 restricted license. A copy of such order and, after receipt 7 182 thereof, the restricted license shall be carried at all times while 183 operating a motor vehicle. Any person who operates a motor vehicle 184 in violation of any restrictions imposed pursuant to this section 185 shall be punished as provided in subsection C of Virginia Code § 186 46.2-301. No restricted license issued pursuant to this section 187 shall permit any person to operate a commercial motor vehicle as 188 defined in the Virginia Commercial Driver's License Act (Virginia 189 Code § 46.2-341.1). 190 COMMENT 191 This amendment allows the court to issue a restricted license to persons convicted of a reckless 192 driving offense that results in the suspension of their driver's license. 193 . . . . 194 Sec. 21-344. Reimbursement for expenses incurred from emergency 195 responses. 196 197 (a) Any person convicted of violating any of the following 198 provisions of the Code of Virginia, or any similar ordinance in the 199 City Code, shall be liable in a separate civil action for 200 reasonable expenses incurred by the City of Virginia Beach or by 201 any volunteer rescue squad, or both, when providing a appropriate 202 emergency response to any accident or incident related to such 203 violation. 204 (1) The provisions of Code of Virginia sections 18.2-51.4, 205 18.2-266, 18.2-266.12, e-r- 29.1-783, or 29.1-738.02 when 206 such operation of motor vehicle, engine, train or 207 watercraft while so impaired is the proximate cause of 9 208 the accident or incident; 209 . . . . 210 COMMENT 211 This amendment allows localities to seek reimbursement for expenses related to responding to 212 DUI related accidents when the defendant is a juvenile. 213 214 Sec. 21-496. General duty of drivers and passengers when property 215 damaged. 216 217 (a) The driver of any vehicle involved in an accident in 218 which an attended vehicle or other attended property is damaged, 219 but in which no person is killed or injured, and resulting only in 220 property damage valued at less th one thousand dollars 221 ($1,000.00) or less, shall immediately stop as close to the scene 222 of the accident as possible, without obstructing traffic, and 223 report forthwith to the police department and to the driver or some 224 other occupant of the vehicle collided with or the custodian of 225 other damaged property, his name, address, driver's license number 226 and the registration number of his vehicle. Where, as a result of 227 injuries sustained in the accident, the driver is prevented from 228 complying with the provisions of this subsection, the driver shall, 229 as soon as reasonably possible, make the required report to the 230 police department and make a reasonable effort to locate the driver 231 or some other occupant of the vehicle collided with or the 232 custodian of the damaged property and report to such person his 233 name, address, driver's license number and the registration number C 234 of his vehicle. 235 . . . . 236 (c) The driver of any vehicle involved in an accident in 237 which no person is killed or injured, but in which an unattended 238 vehicle or other unattended property is damaged, shall make a 239 reasonable effort to find the owner or custodian of such property 240 and shall report to the owner or custodian the information which 241 the driver must report pursuant to subsection (a) of this section, 242 if such owner or custodian is found. If the owner or custodian of 243 such damaged vehicle or property cannot be found, the driver shall 244 leave a note or other sufficient information including driver 245 identification and contact information in a conspicuous place at 246 the scene of the accident and shall report the accident, in 247 writing, within twenty-four (24) hours, to the chief of police. 248 Such note or other information and written report shall contain the 249 information :.� that the driver must report pursuant to 250 subsection (a) of this section and such written report shall state, 251 in addition, the date, time and place of the accident and the 252 driver's ^te description of the property damage. Where, as a 253 result of injuries sustained in the accident, the driver is 254 prevented from complying with the provisions of this subsection, 255 the driver shall, as soon as reasonably possible, make the required 256 report to the chief of police and make a reasonable effort to find 257 the owner or custodian of the unattended vehicle or property and 10 258 report to such person such information as is required to be 259 reported pursuant to subsection (a) of this section. 260 . . . . 261 COMMENT 262 This amendment defines a "hit and run" as a misdemeanor when damages are $1,000 or less, 263 and also requires drivers who cannot find the owner of the damaged property to leave his name and 264 contact information in a conspicuous place at the scene of the accident. 265 Adopted by the City Council of the City of Virginia Beach, 266 Virginia, on this day of , 2005. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department City torn 's fice CA-9632 ORDRES/PROPOSED/21-16etal ord R-4 June 6, 2005 11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code § 38-1 and Add City Code § 38-6 Pertaining to Carrying Concealed Weapons MEETING DATE: June 14, 2005 ■ Background: The City Code regulates the carrying of concealed weapons. The General Assembly recently amended Virginia Code §§ 18.2-308 and 18.2- 285, which regulate concealed weapons. The attached ordinance will bring the City Code into conformance with the newly revised state code provisions. ■ Considerations: The amendment adds retired auxiliary police officers and retired animal control officers to the list of officers authorized to have their retirement credentials serve as a concealed weapons permit. The amendment also criminalizes the act of hunting while under the influence of alcohol or narcotic drugs. A violation of that provision constitutes a Class 1 misdemeanor, which is punishable by up to one year in jail and a fine of up to $2500. ■ Public Information: This Ordinance will be advertised in the same manner as other agenda items. i Recommendations: Adoption ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police.1.13.( City Manager: V1r ��kyylz' 1 AN ORDINANCE TO AMEND § 38-1 PERTAINING TO 2 CARRYING CONCEALED WEAPONS AND ADD § 38-6 3 PERTAINING TO HUNTING WITH FIREARMS WHILE 4 UNDER THE INFLUENCE OF AN INTOXICANT OR 5 NARCOTIC DRUG 6 7 SECTION AMENDED: § 38-1 8 SECTION ADDED: § 38-6 9 BE I_T ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Section 38-1 of the City Code is hereby amended and 12 reordained, and Section 3-8-6 is added, to read as follows: 13 Sec. 38-1. Carrying concealed weapons. 14 (a) If any person carries about his person, hidden from 15 common observation, (i) any pistol, revolver, or other weapon 16 designed or intended to propel a missile of any kind by action of 17 an explosion of any combustible material, (ii) any dirk, bowie 18 knife, switchblade knife, ballistic knife, machete, razor, 19 slingshot, spring stick, metal knucks, or blackjack, (iii) any 20 flailing instrument consisting of two (2) or more rigid parts 21 connected in such a manner as to allow them to swing freely, which 22 instrument may also be known as a nunchuck, nunchanka, nunchalcu, 23 shuriken or fighting chain, (iv) any disc, of whatever 24 configuration, having at least two (2) points or pointed blades 25 which is designed to be thrown or propelled and which may be known 26 as a throwing star or oriental dart, or (v) any weapon of like kind 27 as those enumerated in this section, he shall be guilty of a Class 28 1 misdemeanor, and such weapon shall be forfeited to the city and 1 29 may be seized by an officer as forfeited, and such as may be needed 30 for police officers and conservators of the peace shall be devoted 31 to that purpose, and the remainder shall be destroyed by the 32 officer having them in charge. For the purposes of this section, a 33 weapon shall be deemed to be hidden from common observation when it 34 is observable but is of such deceptive appearance as to disguise 35 the weapon's true nature. 36 (b) This section shall not apply to any person carrying a 37 concealed weapon in accord with permission granted by a circuit 38 court pursuant to section 18.2-308 of the Code of Virginia. 39 (c) This section shall not apply to: 40 (1) Any person while in his own place of abode or 41 curtilage thereof; 42 (2) Any law -enforcement officer, wherever such law- 43 enforcement officer may travel in the Commonwealth; 44 (3) Any regularly enrolled member of a target shooting 45 organization who is at, or going to or from, an 46 established shooting range, provided that the weapons are 47 unloaded and securely wrapped while being transported; 48 (4) Any regularly enrolled member of a weapons 49 collecting organization who is at, or going to or from, a 50 bona fide weapons exhibition, provided that the weapons 51 are unloaded and securely wrapped while being 52 transported; 2 53 (5) Any person carrying such weapons between his place 54 of abode and a place of purchase or repair, provided the 55 weapons are unloaded and securely wrapped while being 56 transported; 57 (6) Any person actually engaged in lawful hunting, as 58 authorized by the board of game and inland fisheries, 59 under inclement weather conditions necessitating 60 temporary protection of his weapon from these conditions, 61 provided that possession of a handgun while engaged in 62 lawful hunting shall not be construed as hunting with a 63 handgun if the person hunting is carrying a valid 64 concealed handgun permit; 65 (7) Any state police officer retired from the Department 66 of State Police and any local law -enforcement officer, 67 auxiliary police officer or animal control officer 68 retired from a police department or sheriff's office 69 within the Commonwealth, any special agent retired from 70 the State Corporation Commission or the Alcoholic 71 Beverage Control Board, other than an officer or agent 72 terminated for cause, any game warden retired from the 73 Department of Game and Inland Fisheries, and any Virginia 74 Marine Police Officer retired from the Law Enforcement 75 Division of the Virginia Marine Resources Commission,(i) 76 with a service -related disability, (ii) following at 3 77 least fifteen (15) years of service with any such law- 78 enforcement agency, board or compilation therefore, or 79 (iii) who has reached fifty-five (55) years of age; 80 provided such officer carries with him written proof of 81 consultation with, and a favorable review of the need to 82 carry a concealed weapon issued by, the chief law- 83 enforcement officer of the agency from which the officer 84 retired; and 85 (8) Any person while in his own place of business. 86 (d) This section shall not apply to any of the following 87 individuals while in the discharge of their official duties or 88 while in transit to or from such duties: 89 (1) Carriers of the United States mail; 90 (2) officers or guards of any state correctional 91 institution; 92 (3) Conservators of the peace, except that the following 93 conservators of the peace shall not be permitted to carry 94 a concealed weapon unless a permit is obtained pursuant 95 to section 18.2-308 of the Code of Virginia: 96 a. Notaries public; 97 b. Registrars; 98 C. Drivers, operators or other persons in charge 99 of any motor vehicle carrier of passengers for 100 hire; or 0 101 d. Commissioners in chancery; 102 (4) Noncustodial employees of the department of 103 corrections designated to carry weapons by the director 104 of the department of corrections pursuant to section 105 53.1-29 of the Code of Virginia; 106 (e), As used in this section: 107 (1) Spring stick means a spring -loaded metal stick 108 activated by pushing a button which rapidly and 109 forcefully telescopes the weapon several times its 110 original length. ill (2) Ballistic knife means any knife with a detachable 112 blade that is propelled by a spring -operated mechanism. 113 COMMENT 114 This amendment adds retired auxiliary police officers and retired animal control officers to the 115 list of officers authorized to have their retirement credentials serve as a concealed weapons permit. 116 . . . . 117 Sec. 38-6. Hunting with firearms while under influence of 118 intoxicant or narcotic drug; penalty. 119 It shall be unlawful for any person to hunt wildlife with a 120 firearm, bow and arrow, or crossbow in the City while he is (i) 121 under the influence of alcohol; (ii) under the influence of 122 narcotic drug or any other self-administered intoxicant or drug of 123 whatsoever nature, or any combination of such drugs, to a degree 124 that impairs his ability to hunt with a firearm, bow and arrow, or 125 crossbow safely; or (iii) under the combined influence of alcohol 5 126 127 128 129 130 and any drug or drugs to a degree that impairs his ability to hunt with a firearm, bow and arrow, or crossbow safely. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor. COMMENT 131 This section criminalizes the act of hunting while under the influence of alcohol or narcotic 132 drugs. A violation of this section constitutes a Class 1 misdemeanor, which is punishable by up to one 133 year in jail and a fine of up to $2500. 134 Adopted by the City Council of the City of Virginia Beach, 135 Virginia, on this day of APPROVED AS TO CONTENTS: olice Department CA-9509 ORDRES/PROPOSED/38-letal ord R-5 May 26, 2005 11 2005. APPROVED AS TO LEGAL SUFFICIENCY: C -45- Item V-J.5. PLANNING ITEM #53691 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of March 22, ,2005, an Ordinance upon application of TIDEWATER INSTITUTE OF SPORTS, L.L.0 : ORDINANCE UPON APPLICATION OF TIDEWATER INSTITUTE OF SPORTS, L.L. C. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE Ordinance upon Application of Tidewaterinstitute ofSports, L.L.C. for a Conditional Use Permit for a recreational facility of an outdoor nature on property located on the east side of Harpers Road, approximately 1080 feet north of Dam Neck Road (GPINS 24054531390000, 24057503860000; 24048796590000). DISTRICT 6—BEACH Voting: 9-0 Council Members Voting Aye. Harry E. Diezel Robert M. Dyer, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Richard A. Maddox March 8, 2005 Zoning History map Map Not to Scale Tidewater Institute a' o 00, �I CUP for Outdoor Recreation Facility # DATE IREQUEST ACTION 1 02/11/97 Conditional Use Permit (communication towers) Granted 2 06/22/93 Conditional Use Permit (auto repair) Granted 3 05/08/89 Conditional Use Permit (golf course) Granted 4 06/13/88 Rezoning from AG-1 Agriculture to 1-1 Industrial Granted 09/14/93 Rezoning from 1-1 Industrial to AGA Agriculture Granted 5 09/14/93 Conditional Use Permit (horse race track) Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Tidewater Institute of Sports, L.L.C.- Request for City Council's Approval for the use of Economic Development Investment Program (EDIP) funds MEETING DATE: June 14, 2005 ■ Background: Tidewater Institute of Sports (TIS) has submitted an application to the Virginia Beach Development Authority (VBDA) for the use of Economic Development Investment Program (EDIP) funds to assist with the development of their recreational sports facility which is to be located on the east side of Harpers Road, approximately 1080 feet North of Dam Neck Road (GPINS 24054531390000; 24057503860000; 24048796590000). District 6-Beach The EDIP policy states that "If the (Economic Development) Director, acting on behalf of the Authority (VBDA), 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." Based on the above stated policy provision, the nature of the business model has given rise to the Director of Economic Development to inform City Council of the request and to gain their approval prior to action being taken by the VBDA on this matter. ■ Considerations: The applicant has requested of the VBDA thru the submission of an EDIP application that they be allowed the use of EDIP funds to assist with the development of their recreational sports soccer facility. TIS is specifically seeking assistance with the cost associated with the sanitary sewer pump station, which will be required on the site. The facility will be developed for the training and tournament play of the Virginia Rush Soccer Club. The Club has over 100 travel and competitive teams comprised of 1,500 players as well as 3,000 recreational and developmental players. There are also 1,600 adult players and approximately 25 special needs athletes. The months of play are February to June and August to November, approximately 38 weeks during the year. Both City Council (3/22/05) and Planning Commission (2/9/05) granted approval for a Conditional Use Permit for the proposed development. The proposed development conforms to the recommendations for the strategic growth area #10, South Oceana Area. Given the presence of the AICUZ restrictive easement over more than half of this property, options for developing a high quality office or corporate business park on the subject site are limited. The Soccer complex is an acceptable alternative that will be compatible with adjacent properties if they are developed in the future with office uses. The Soccer complex also advances the City's overall goal of expanding recreational opportunities and creating a community for a lifetime. The applicant has worked diligently with the Navy officials for over a year to design the plan to meet all restrictions and requirements regarding AICUZ policies. Economic Development is requesting City Council's approval for the use of EDIP funds to assist TIS with the development of their recreational soccer complex. Although the EDIP program is administered by the VBDA there is a provisions in the policy, which requires the VBDA to gain specific City Council approval prior to the VBDA's approval when the project is outside of the original scope of the EDIP policy. The Economic impact of the facilities will include $5,380,000 in capital investment and the creation and/or retention of 7 jobs with average annual salaries of $40,000 (including benefits). The facility will also generate room night stays in Virginia Beach during times of tournament play (specific estimates have not yet been provided). Additionally, Virginia Rush Soccer Club employs a wide variety of referees and coaches through out their program when in season. ■ Alternatives: - City Council could authorize the VBDA to utilize EDIP funds for this project unconditionally. - City Council could authorize the VBDA to utilize EDIP funds for this project recommending that the VBDA place the appropriate performance criteria conditions in the resolution prior to payment. - City Council could deny the VBDA the authority to utilize EDIP funds for this project, which could jeopardize the projects success. ■ Recommendations: Staff is recommending that City Council authorize the VBDA the ability to utilize EDIP funds for this project. The recommended EDIP award is in the amount of $85,000 to assist this project with the cost associated with required pump station. If approved by City Council, staff will recommend to the VBDA that the EDIP will be paid in pay for performance prorata format. ■ Attachments: City Council's approved Conditional Use Permit (CUP) package for this project. Power point presentation -highlighting the project parameters. Copy of the EDIP Policy Recommended Action: Staff recommends City Council authorizing the VBDA the ability to utilize EDIP funds for this project while recommending that the VBDA place the appropriate performance criteria conditions in their resolution prior to payment. Submitting Department/Agency: Economic Developme t t�? City Manager: 1� -63W�- 1 ORDINANCE NO. 2 3 4 AN ORDINANCE TO APPROVE THE PROVISION 5 OF $85,000 IN ECONOMIC DEVELOPMENT 6 INVESTMENT PROGRAM ("EDIP") FUNDS TO 7 TIDEWATER INSTITUTE OF SPORTS, LLC, A 8 VIRGINIA LIMITED LIABLITY COMPANY, BY 9 THE CITY OF VIRGINIA BEACH 10 DEVELOPMENT AUTHORITY 11 12 WHEREAS, Tidewater Institute of Sports, LLC, a Virginia limited liability company 13 ("TIS"), desires to locate and develop a recreational sports facility on the east side of Harpers Road, 14 approximately 1080 feet north of Dam Neck Road, in the City of Virginia Beach (the "Project"); is WHEREAS, TIS has applied for the provision of EDIP funds to assist with a portion 16 of the costs associated with a pump station required by the site development of the Project; 17 WHEREAS, the Virginia Beach City Council (the "City Council") must consider and 18 approve this specific Project as it is not the type of proj ect contemplated originally by EDIP policy; 19 and 20 WHEREAS, subject to the formal approval of City Council and the approval of the 21 Authority, there are funds in the EDIP available for this Project. 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 1. That City Council hereby approves and authorizes the Virginia Beach 25 Development Authority (the "Authority") to provide $85,000 in Economic Development Incentive 26 Program ("EDIP) funds to Tidewater Institute of Sports, LLC, a Virginia limited liability company, 27 to assist with a portion of the costs of a pump station required by the site development of the 28 recreational sports facility. 29 2. That City Council hereby requires that the Authority place appropriate 30 performance criteria on any provision of EDIP funds approved by the Authority prior to payment. 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 32 92005. 33 34 CA-9538 35 PREPARED: June 9, 2005 36 R-1 37 AP OV�ED/flAS'TO CONTENT 38 V �wK (g. LzaA1)KM-tr 3 9 MEcononi�jvelopment 4TOf41 ;PROVED AL S FICIENnil I 42 1 N4- \� j 43 Law Department F:\Data\ATY\OID\REAL ESTATE\DEVAUTH\EDIP\WORK\Tidewater Institute of Sports\TIS.ord.doc IDEWATER INSTITUTE OF SPORTS Agenda Item # 10 February 9, 2005 Public Hearing Staff Planner: Barbara Duke 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. Locabon and General Inforinabon REQUEST: Conditional Use Permit for an outdoor recreation facility LOCATION: Property located on the east side of Harpers Road, approximately 1080 feet north of Dam Neck Road GPIN: 24054531390000;24057503860000;24048796590000 COUNCIL ELECTION DISTRICT: 6 — BEACH EXISTING LAND USE: Agricultural Fields SURROUNDING North: • Forested land / AG-1 and AG-2 Agricultural District LAND USE AND . Agricultural fields / AG-1 and AG-2 Agricultural ZONING: South: District East: • Forested land / AG-1 and AG-2 Agricultural District • Oceana Naval Air Station / 1-2 Heavy Industrial West: District NATURAL RESOURCE AND The site is an agricultural field with wooded areas along the northern CULTURAL and eastern boundaries. There are no City defined wetlands on the FEATURES: site. AICUZ: The site is in an AICUZ of greater than 75 dB Ldn surrounding NAS Oceana. A portion of the property is encumbered by an easement owned by the Navy. The Department of the Navy has reviewed this request and has approved the request as being consistent with the easement restrictions and current AICUZ policies. Summary of Proposa The proposal is to create a training and tournament facility for the Virginia Rush Soccer Club. The club has over 100 travel and competitive teams comprised of 1,500 players as well as 3,000 recreation and developmental players. There are also 1,600 adult players and approximately 25 special needs athletes. The training facilities will be used primarily on weekdays. League games and tournaments will be held primarily on weekends. The operating hours for the facility are 3:00 p.m. to 8:00 p.m. on Monday through Friday and 8:00 a.m. to 8:00 p.m. on Saturday and Sunday. The months of play are February to June and August to November, approximately 38 weeks during the year. The site plan shows a total of 9 training fields, 16 game fields, a clubhouse, maintenance shed and a gravel parking lot of 1,024 spaces. The site has been planned with input from the Navy on the layout. The training fields and parking are located in the f TIDEWATER INSTITUTE�OF'SPO€3TS Agenda Item-# 1.0. Page 2 area of the site covered by the restrictive easement. The playing fields, spectator areas and clubhouse are located in the area of the site that is outside of the easement. The spectator and game area is separated from the practice and training area by an earthen berm. There will only be three lighted fields. These fields are located near the clubhouse. The site will gain access via a planned 30 foot wide roadway that traverses the property to the south of the site and connects with Dam Neck Road. An ingress/egress easement will be granted over the roadway for the soccer complex use. The proposed road entrance at Dam Neck Road is located in an area planned for a future entrance with right and left turn lanes and a median break. A Traffic Impact Analysis was submitted to and approved by Public Works/Traffic Engineering for this project. The applicant and Public Works/Traffic Engineering are in agreement on all necessary traffic requirements. Comprehensive Plan 14 The Comprehensive Plan recognizes this site as being within Strategic Growth Area #10, South Oceana Area. Developable land located in the eastern region of this Strategic Growth Area is planned for non-residential uses, such as high quality, well - landscaped offices and corporate parks. Every effort should be made to consolidate parcels of land to achieve a more unified and well -planned development. The proposed development should exhibit an attractive, high quality design. Staff Evaluation Staff recommends approval oval of this request. The proposed development conforms to the recommendations for Strategic Growth Area #10, South Oceana Area. Given the presence of a restrictive easement over more than half of this property, options for developing a high quality office or corporate business park on the subject site are limited. The soccer complex is an acceptable alternative that will be compatible with adjacent properties if they are developed in the TIDEWATER INSTITUTEOF SPORTS~ , Aderfda Item, *.10 . Page future with office uses. The soccer complex also advances the City's overall goal of expanding recreational opportunities and creating a community for a lifetime. This outdoor recreational use is compatible with the surrounding forested and agricultural areas as well as the office/corporate business park uses that are planned for the future of this area. It is similar to the relationship that exists between the established Hampton Roads Soccer Complex, which is located adjacent to Princess Anne Commons, and the planned land uses in that area. The applicant has addressed all traffic related concerns and has coordinated the location of the access road with property to the south to ensure that the roadway will serve the current and future needs of both properties. The applicant has worked diligently with Navy officials for over a year to design the plan to meet all restrictions and requirements regarding AICUZ policies. Staff, therefore, recommends approval of this request with the following conditions. Conditions 1. The site shall be developed in substantial conformance with the site plan entitled "TIS Soccer Fields, Virginia Beach, VA" datedl2/01/04 and prepared by MSA, P.C. This site plan was exhibited to City Council and is on file with the Department of Planning. 2. As an alternative to standard site improvements, any use of gravel for the permanent parking lot surfaces must be reviewed and approved by the Zoning Administrator and the Building Official. 3. A detailed landscape plan must be submitted for any gravel parking lot area should it be approved per Condition 2. 4. The submitted design for the Central Building should incorporate design features more appropriate to human scale. The applicant shall work with the Planning • Director and staff to revise the building elevation to incorporate architectural features and details that accomplish this. 5. A no ingresslegress easement shall be dedicated to the City of Virginia Beach along the entire frontage of Harpers Road. 6. A variable width right-of-way reservation will be necessary along Harpers Road to accommodate the 100 foot roadway designated on the Master Transportation Plan. The stormwater management facilities shown on the site plan will need to be relocated outside of the reservation area. TIDEWATER I 7. Access out of the site will be limited to right turns onto westbound Dam Neck Road. 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. TIDEWATER I Map J-X 9-10 eo Not to Scale 1-2 N 1-2 MM Supplemental Information Tidewater Institute !-2 1 AG-1 CUP Recreation Facility AG-1 Zoning Histor Of Soorts. LLC AG-2 AG-1 i AG-1 AG-1 AG-,4 4 I DATE IREQUEST { ACTION _# 1 02/11/97 Conditional Use Permit (communication towers) Granted 2 06/22/93 Conditional Use Permit (auto repair) Granted 3 05/08/89 Conditional Use Permit (golf course) Granted 4 06/13/88 Rezoning from AG-1 Agriculture to 1-1 Industrial Granted 09/14/93 Rezoning from 1-1 Industrial to AG-1 Agriculture Granted 5 09/14/93 Conditional Use Permit (horse race track) Granted Public Ac ency Comments Public Works Master Transportation Plan (MTP): The Master Transportation Plan shows Harpers Road as a future 100 foot wide roadway. There are no plans in the Capital Improvement Program to upgrade Harpers Road at this time. A variable width right-of- way reservation, up to 50 feet in width, will be required along the frontage of this site during detailed site plan review. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 30,055 32,500 - 0 Dam Neck Road ADT' ADT' Proposed Land Use 3 - 1,141 A.. n neilu Trinc 2 as defined by agricultural fields 9 as defined by 16 soccer fields Public utilities Water: City water lines do not front the property, but service may be extended for connection purposes provided hydraulic analysis supports the potential demand. Sewer: City sewer is not available. Health Department approval is required for septic systems. Connection to Hampton Roads Sanitation District (HRSD) force main via private grinder pumps and force main may also be an option. Public Safety Police: 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: Drive aisles supplying emergency responders with access to each field area must be provided. The road surface must be capable of supporting 75,000 pounds and be provided with adequate turn around space. Additional Fire Department concerns will be addressed during detailed Ian review rocess. Exhibits A ite Dn Exhibit C Proposed Building Plan 9 a 11 Z w W E W t!1 U U) a Exhibit D - 1 Disclosure Statement i1 a m L m � o p G •O W O m o g L q . o m a G 0` C O 'O.d S m m O m. L m 'a o p v v =i C m m m ,Q Q c m y C tma $ L m G g m e o e C m i $ Z m m p E. m$.c as= L motzm m E aL` m= O c m e ,SC m s$a = �i m>� mmo cmmn.2`o. $� �ag� l e a amp Q m m� L m G m m c o � 0$ m 4Q e q fA z OLD�...�R' w_oC o � m��:oU! =;'s j $ R�0p1— 0 mJ m'm C_12. O$ C'- a m my c c o., p- m E ma.o O m E'� Um�a m a Q roves m�i w o� ea�p c �LGa� 0e5rmm=mot p>> mm at30pc o�0 $, JRag V� _ Oa-�2 J�Om Q mom n3ame� f6�p- Em4 cm L-o=$m c E��mm a sc you m Cif .espy as $ ao� pro � �� S `ggM Omvo a - `mpmm�a�ooe. -- n��cm ma�ah mmm�$moeen�mc a� 6�m@tea !'aBN mayC LC'd b us top G 31_L$ o m n$� c m E o. a- e€ 5-i ns OR 6Z o g m z 0 .o m.c m m 8 m o 3S2 = 1 20C m a $ m c m jp Q c > m 0 �va;i1.0 p m 0 �y �..o 0 0 � m L A. .�c. F C3�m mmazc Ha1,cc $ p szz O �m C0G c$o g � , a�°a $�oam.$.�-L07 G�i3s�►om Nollywidu Imad REM UN01-1-KNO3 A m m p p p� O cc ? !a go » c � m o e oF io OE c =c a c Os' o avfm _C=M m UEm ma arz n• m �vPmG vcm p v` $ ti 10 w m e m �i..` m i s may u $ r m a my �z m� � c Qo Jmco m� a a` Ooom�m O o } to m-i 20•m433"' m c�c �E 0 }_5a mJ m mo cc mC q �N WE m C $ £C. mv�C C C �m Q c4 IS m"Q c� Ln ^' a' a K`8��a 6 m.m 0 Ja v to c cm 44 p` B m d n m 0 a m d o a m > 2- 0 m�o 40 b mG �om O1 »=-j o� c mS m 0c,mp C spit m 4 C of C K-5 'C= m= G mE� $n= m aVi m3 ba C m _G 0 06Z os y>e°c (7mOc �vAo c3 O G 0 ac 'a t.� `moWo _j,.: a Ym c _�cros m 0 CQ= G K t @ O s o q U C �' m 4am YU .��. a m O p °' as.0 } C 1- a2 m O g _o 1- �. L N m T t.. �J D. =0 J ` E tf5 C $ V O C� CJ.c = 6r C m J t QO tl Or aV iY ❑ V �r FQ1JJ N f' TIDEWATER $a °1 Y Ji ,C _ Exhibit D - 2 Disclosure Statement CERTIFICATION: We certify that the information contained herein is true and accurate. We understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, we areresponsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public heating according to .the instructions in this package. lfyr�v-v The Taylor Group, LLLP, a Vugnia limited liability limited partnership By. LTC Management, Inc., General. Partner By — ornas E. Snyder, as Authorized Agent ,f , _. Barbara T. Creech, General Partner DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA SEACK VIR( IV*A 23460-2168 Exhibit E -1 Supplemental Information lLbFW:FER7 Ser 3.3-f 028 .January 14, 2005 Ms. Barbara Duke City' of Virginia Beach Department of Planning 24:05 Courthouse Drive, Building 2 Virginia Beach, VA 23455-9040 Dear Ms. Duke Thank you for the opportunity to review the ConditIonal Use permit Application.by Tidewater-tnstitute•of Sports.,_LLC., Ifor,, the proposed outdoor recreation facil2.ty on, "the "northeast corner of harpers Road and Dam Beck Road. The,.ste .s..located in the greater. than 75 decibel (dB) day -night average .(Ldn) .noise".zone, one aad one half miles south .of Naval Air Station (NAS) :Ocean. A portion of .this property is encumbered -by a. Navy, owned easement; a .letter•frOm our real estate division is enclosed. The Navy's,Air installations Compatible Ise Zones "Program considers this use, compatible with airfield operations We met, with -Mr. 'McCann on several; occasions.during his. -Initial phase of planning and were able to work together to come up w5:th a plan agreeable to all. On behalf of the Navy, I.would like to thank the applicant for considering the impact of .our operations and their willingness to work with us.in the development of this property. ;f you have any questions, contact my Comnusni`ty Planning Liaison Officer, Mr..Ray Firenze at (757) 433-3.158. Sincerely and very respectfully, T C n _S_ Navy Co ng Officer Enclosure: LANTNAVFACENGCOM 1tr EI-0342 OPAR-PH of 8 Sep 04 Copy.to. COM,IAVREG MIDLANT (00./NO2B) Regional Engineer -Mayor Meyera Oberndorf Virginia Beach.City Council Virginia Beach Planning Commission DEPARTMENT OF THE NAVY NAVAL FACIUS7ES ENOINEERING C AOAAND; MID -AT AN= 8742 MARYLAND AVENUE NORFOM VA 23511-3095 Mr.. Michael McCann Tidewater Institute of Sports 2600 Long Creek Drive Virginia Beach, Virginia 23451 Dear Mr. McCann: Exhibit E - 2 Supplemental Information 322-492a 1N FXPLY REFER TO EI-0342 OPAR-PH September 2004 .Reference is made to Tidewater Institute of Sports' (TSI) letter of April 29, 2004 regarding developmoent of soccer fields between Harper':s Road near and Dam Neck Road. By letter of June 8`, 2004 the Government advised that it could not approve the proposed uses an the property encumbered by Grant of Easement dated October 23, 1981,.recorded in Deed Book 2201 Page 0284, in the Clerks office of the Circuit Court of the City Of Virginia Beach. By letter of August.5.,. 2004 you provided a revised site plan for Navy review. After review of your letter and revised site plan, it is determined that the proposed uses for parking, maintenance shed and nonspectator training fields are allowed under the easement. The Navy has concern with the proximity of the pick up/drop off/viewing area to the property encore by the easement and requests you take appropriate steps to ensure compliance. if there are any questions, please contact Mrs. Patty Hankins at 322- 4928 or me at 322-4936. Blind copy to: NAVFAC XIDLANT (Code DRE82) A NAS Oceana sincerely, X&TTHEw D. KURTZ Real Estate Contracting Officer Business Line Coordinator -Real Estate Naval Facilities Engineering Command, Mid -Atlantic By direction of the Commander TIDEWATER I Item #10 Tidewater Institute of Sports, L.L.C. Conditional Use Permit East side of Harpers Road District 6 Beach February 9, 2005 CONSENT William Din: The next item is Item #10, Tidewater Institute of Sports, L.L.C. for a Conditional Use Permit for a recreational facility of an outdoor nature on property located at the east side of Harpers Road, approximately 1,080 feet north of Dam Neck Road in the Beach District, and there are seven conditions. Ann Crenshaw: Good morning. My name is Ann Crenshaw. I'm with Kaufman and Canoles and serve as Counsel to the applicant. We have read each of the conditions and accept each condition, and appreciate being put on your consent agenda. William Din: Thank you very much Ms. Crenshaw. Is there any objection to placing this on consent? If not, Barry Knight is going to explain this issue. ® Barry Knight: This is 92 acres on Dam Neck Road. The proposal is to create a facility for the Virginia Rush Soccer Club. The club has over 100 competitive teams. There are over 1,500 players, and over 3000 recreational and development planners. You can see there is a great need for a facility of this type. This Tidewater Institute of Sports is actually Mike and Chris McCann through their generosity. This is not going to be a moneymaker but this is going to do something that is greatly needed in the City. And if we can get these players and kids and everyone involved in soccer, it is going to be a wonderful use of this land. The Navy has even recommended this. Part of this land has air restrictions over it. That portion of the land will be practice fields and parking, and the part that is in the totally high noise zone will have spectators. The access will be through Dam Neck Road. I know Mr. McCann has been very diligent in trying to buy this site, and this is the best site he has found. He has good access through Dam Neck Road, and we would like to welcome you to Virginia Beach, and we think it's a great use of the land, and we put it on consent agenda. William Din: Thank you Mr. Knight. The consent agenda item that I have for approval is Item #10, Tidewater Institute of Sports, L.L.C. for a Conditional Use Permit application for recreational outdoor facility on the east side of Harpers Road, approximately 1,080 feet north of Dam Neck Road in the Beach District with seven conditions. So I move to approve this consent agenda item. Dorothy Wood: Thank you. Do I have a second? Eugene Crabtree: Second. Item #10 Tidewater Institute of Sports, L.L.C. Page 2 Dorothy Wood: Mr. Miller. Robert Miller: I need to abstain from Item #10. My firm is working on that project. Dorothy Wood: Thank you. AYE 10 NAY 0 ABS 1 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER ABS i RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0 the Board has approved the consent agenda item with the abstention so noted. Project Summary for iciewater institute of sports Confidential The Company • Name: Tidewater Institute of Sports (TIS) • Business: Recreational Sports Facility (Soccer) Confidential 1 Facility Type & Location • Type of Facility: oil - 92.4 acre site off of Dam Neck Rd & Harpers Rd, which will be utilized as a soccer complex. - Phase 11 will include a 40,000 sq. ft. Sports/Office building. - Facility will have: • 25 different fields - 16 game fields and 9 training fields. • It will accommodate parking for 1,024 Confidential Confidential Employment/Salary • 3 Retained Jobs and 4 New Jobs within 30 months • Average Annual Salaries of $40,000 (Including Benefits) Confidential 3 Amount of Investment • Estimated Capital Investment in Phase Phase 1 of $5,380,000 • Real Estate $5,100,000 - (Land $2,800,000, Improvements $2,300,000) - FF&E of $180,000 - Machinery and Tools of $100,000 Confidential Comments • TIS is a privately held facility which will be primarily used by Virginia Rush Soccer Club. - VA Rush has over 100 travel and competitive teams comprised of 1,500 players as well as 3,000 recreation and developmental players. • TIS has received Navy approval and CUP approval from the City (March 22, 051) for the project. • Looking to start construction immediately. Confidential m Comments (Con't) • TIS initially considered available sites in Chesapeake. T` Staff is evaluating the potential use of EDIP funds under part "A" of the policy to assist in this project. - Funds would be used for on/off site utility improvements • Primarily to assist with the cost of a grinder pump station. • Potential EDIP amount of $85,000 Confidential QuestionS9 Confidential W ECONOMIC DEVELOPMENT INVESTMENT PROGRAM 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 Program ("EDIP") as part of 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 City to provide EDIP appropriations to the Authority to enable the Authority to more effectively continue its efforts to foster and stimulate economic development by (i) 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 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 PartA 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 the City or to expand their operations. 2. INVESTMENT CRITERIA. Except as otherwise provided in paragraph 4 of this Part A, EDIP 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: 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; b. For every one dollar ($1) in EDIP funds provided, the business to which such funds are provided will spend twenty-five dollars ($25) or more in new capital investment, including buildings, furnishings, and/or equipment; and/or 2 c. Every one thousand dollars ($1,000) 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. However, for businesses paying an average annual salary of $70,000 (excluding 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 and the Director of the Department of Management Services on a bi-annual basis. The Director shall recommend any appropriate revisions to the City Council and the Authority for further consideration and action. In addition to the foregoing criteria, it is the goal of the Authority to approve EDIP funds to businesses that pay an 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 EDIPAWARD. A business 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. 4. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director, 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 frc)m City Council prior to its approval of the provision of EDIP funds for such purpose. 5. AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director, the Authority shall either approve or disapprove 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 3 City. Provided, 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; b. That the proposed provision of EDIP funds to the business is in furtherance of the purposes for which the Authority was createdl 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.-- - - 6. APPROVAL OF AWARD OF -DIP 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; d. A statement that the criteria set forth in paragraph 2 of this Part A have been met; or, in the alternative, that City Council has specifically approved provision of EIDIP funds for such purpose pursuant to paragraph 4 of this Part A; and e. A statement that the findings set forth in paragraph 5 of this Part A have been made by the Authority. CI PART B: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN STRATEGIC GROWTH AREAS OR ECONOMIC REDEVELOPMENT AREAS. 1. PURPOSE AND INTENT. It is recognized 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 must be submitted to the City 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. E 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 City, the amount of direct tax revenues not abated as a resultyof 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; and b. For every one dollar ($1) 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. 5. AVAILABILITY OF FUNDS. EDIP funds may be authorized for use pursuant to Part B of this Policy only to the extent that they have been appropriated by the City Council. Further, provided that in any given fiscal year, the Authority shall not award more than fifty percent (50%) :of its appropriation for EDIP use for that year for development or redevelopment purposes pursuant to Part B of this Policy without authorization of the City Council. 6. APPLICATION FOR EDIP AWARD. A qualifying developer or owner of land who desires EDIP funds for use in the development or redevelopment of property located in a Strategic Growth Area or an Economic Redevelopment Area may make application for that purpose through the Dep artment of Economic Development. The C 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 remaining and available for use pursuant to this Policy for the fiscal -year: d. The economic return to the City generated 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, greyfields, 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. Wi 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 attach conditions to the approval of the award of EDIP funds. In the case of a brownsfield 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 industry in the City. Provided, however, that prior to approval of the award of EDIP funds to an applicant, the Authority must make the following a. That the animating purpose of the proposed provision of EDIP funds 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; c. That without the stimulus of the EDIP award, it is unlikely that the property would be developed or redeveloped to the extent proposed, or at the 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 redevelopment; e. That the property 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; 8 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 quality of the plan of development or redevelopment as proposed, will serve to influence redevelopment and additional capital investment in adjacent or nearby properties. 8. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds pursuant to this Part B shall be in the form of a resolution which shall include the following 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 purpose 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 THE AUTHORITY TO PURCHASE AND IMPROVE PROPERTY IN A STRATEGIC GROWTH AREA OR AN ECONOMIC REDEVELOPMENT 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 0 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 Strategy and Part B of this Policy. In addition to any property purchased using EDIP funds pursuant to paragraph 9 of this Part B, the Authority 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. 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. 2. 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 architectural and engineering studies directly related to specific economic development 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 either Part A or Part B this Policy, they shall be paid to the authorized business or the owner or developer at such time as the Director shall (i) obtain copies of invoices/receipts from the business, or owner or developer showing the actual costs incurred for the purpose or purposes for which the funds are to be provided; (h) 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 the award of the funds by the Authority; and (iii) where required by the Authority, the business, 10 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 for the purposes set forth in § 2.2-115( C ) of the Code of Virginia. These purposes are as follows: Public and private utility extension or capacity development on and off -site; road, rail, or other transportation access costs beyond the funding capability of existing programs; training costs; site acquisition; grading, drainage, paving, and any other activity required to prepare a site for construction; construction or build -out of publicly owned buildings; or anything else permitted by law. REPO RTI N The Authority slall'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 6 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. 6. AMENDMENTS TO POLICY. The provisions of this Policy shall not be amended without the prior consent and approval of the City Council and the Authority. 7. APPLICATION OF POLICY. This Policy is specifically applicable to the expenditure of EDIP funds. This Policy 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. 8. EFFECTIVE DATE OF POLICY. This Policy shallbecome 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 Chair of the City of Virginia Beach Development Authority acting by, and on behalf of, the City and the Authority, respectively. AJI Mayor, Onky of Virginia Beach 11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Mid -Eastern Athletic Conference (MEAC) MEETING DATE: June 14, 2005 ■ Background: The City of Virginia Beach Department of Economic Development has been in discussions with Dennis Thomas, of MEAC to lease approximately 6,800 square feet of space in the Town Center Office Tower from Armada/Hoffler. Financial assistance shall be required to accommodate the move from North Carolina. The following financial assistance shall be necessary: o Armada/Hoftler complete build -out of space and write down cost of space, resulting in a contribution of more than $60,000 over the 5-year term. o Virginia Beach Development Authority contribution of $50,000 through the Economic Development Investment Program Fund. o Commonwealth of Virginia a pledge matching the city contribution (to be paid by 12/3 I /05). ■ Considerations: MEAC will adhere to the following criteria: A. MEAC shall maintain a minimum of seven (7) full-time employees with an average annual salary of at least $55,000; Plus Benefits B. MEAC shall maintain a minimum of four (4) part-time employees with an average annual salary of $8,000; C. MEAC shall maintain a minimum of two (2) paid interns with an average annual salary of $12,000; D. MEAC shall conduct a minimum of two (2) meetings per year in the City of Virginia Beach, Virginia, each with (i) a minimum hotel stay of two (2) nights; (ii) rental of banquet facilities and meeting rooms; and (iii) attendance minimums of at 50 persons for one meeting and 200 persons for the other meeting; E. MEAC shall conduct a minimum of two (2) MEAC Championships (Cross -Country and Bowling) per year in the City of Virginia Beach, Virginia, each with (i) a minimum hotel stay of two (2) nights; (ii) rental of banquet facilities and meeting rooms; and (iii) attendance minimums of 150 persons for the Cross -Country Championship and 60 persons for the Bowling Championship; and F. MEAC shall conduct its Committee meetings in the City of Virginia Beach, Virginia at an average of four (4) meetings per year, and with a minimum hotel stay of one (1) night and a minimum attendance of 50 persons. G. MEAC will use its best efforts to assist the City of Virginia Beach in their sports promotion and marketing efforts. H. MEAC will use its best efforts to utilize their human resources to promote academic and sports relationships in the Virginia Beach Public School System ■ Public Information: The Virginia Beach Development Authority will consider a grant of $50,000 at the June 16, 2005 meeting. ■ Alternatives: Allow MEAC to relocate to an alternative city outside the Commonwealth of Virginia. ■ Recommendations: Allow the Virginia Beach Development Authority to utilize Economic Development Investment Program Funds to assist in the relocation of the MEAC Headquarters. ■ Attachments: Letter of Support from Urban League and Term Sheet. Recommended Action: Approve Resolution Submitting DepartmentlAgency: Economic Development City Manager: r L—�r3- 1 ORDINANCE NO. 2 3 4 AN ORDINANCE TO APPROVE THE PROVISION S OF $50,000 IN ECONOMIC DEVELOPMENT 6 INVESTMENT PROGRAM FUNDS TO MID- 7 EASTERN ATHLETIC CONFERENCE BY THE 8 CITY OF VIRGINIA BEACH DEVELOPMENT 9 AUTHORITY 10 11 WHEREAS, Mid -Eastern Athletic Conference ("MEAC") desires to relocate its 12 office space to the Town Center of Virginia Beach; 13 WHEREAS, MEAC proposes to sublease from Armada Hoffler approximately 6,847 14 square foot of office space on the 11"' floor in the Town Center Office Tower (Block Four), 15 WHEREAS, the Director of Economic Development, acting on behalf of the Virginia 16 Bcach Development Authority (the "Authority"), has determined a need to provide Economic 17 Development Investment Program ("EDIP") funds to MEAC to underwrite a portion of the costs of 18 construction of 6,847 square feet of office space; 19 WHEREAS, the Virginia Beach City Council (the "City Council") must consider and 20 approve this specific project as it does not meet the criteria set forth in Paragraph 2 of the EDIP 21 Policy and Procedure; 22 WHEREAS, there are funds in the EDIP which are available for such purposes, 23 subject to the formal approval of City Council; and 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 1. That City Council hereby approves and authorizes the Authority to provide 27 550,000 in Economic Development Investment Program funds to Mid -Eastern Athletic Conference 28 ("MEAC") to underwrite a portion of the costs of construction of a 6,847 square foot office facility at 29 the Town Center of Virginia Beach. 30 2. That City Council hereby requires that the Authority place appropriate 31 performance criteria on any provision of EDIP funds approved by the Authority prior to payment. 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 33 , 2005. 34 CA-9519 35 PREPARED: June 9, 2005 36 R-1 37 A P D TO CONTENT 3 8 � Ma L,3 wo NQ-K 39 ononuc Vekelopment 40 AWPFMOVED AS TO 41 LEGAL SUFFICIENCY 42 43 Law Departmen n UID\REALEST:\TE\DEVAUTH\EDIP\WORK\MEAC\MEAC.ord.doc Urban League of Hampton loads, Inc. 840 CHURCH STREET, SurfE I. NORFOLK, ViRGINIA 23610 TELEPHONE (757) 627-0864 FAX: (757) 627-801 6 Board cif Directors Chair MaryAnne Dukas January 5, 2005 immediate Past Chair Thomas L. Hasty, III Mr. Don Maxwell, Director Me chair Virginia Beach Department of Economic Development Robert 1). Jack, Jr. 222 Central .Park Ave Suite 1000 Vice C1111ir Virginia Beach, VA 23462 Ii. L. Ilamm, Jr. <rce chair Dear Mr. Maxwell. - Hon. Charles C, Allen This letter is written in support of the Virginia Beach Department of Economic fee C:hrrir Gaylen l:annyton Development proposal to provide a permanent home for the MEAC; Headquarters. Virginia Beach has demonstrated commitment to community kworwilzS rrdary progress through the development of projects which enhance the economic base Louisa Srrayhom of the city. Its development projects have enriched the city and the region. CorrespandinR Secretary Rodney Jordan In addition to an investment in bricks and mortar, the Virginia Beach Department Trmssirrr o F Economic Development has helped enrich the lives of citizens through jobs, Clyde Clark. Jr. training opportunities and contributions to community based organizations. Cher yl nt . Mack Chcrylc i.. Mack The Urban League has served the Hampton Roads community for 26 ears with 6 STnp � y programs in education, employment, housing and health. We address disparities Resident, ur6anLmueGuild in these areas while serving as an advocate for equality. Our programs and r'r° iea services reach over 25,000 residents annually- While addressing existing needs, Presidcwt & CEO the Urban .League also prepares to meet emerging needs. This accomplished ErGrIrG. hire through the collective efforts of service organizations, businesses, educational institutions and government. The Virginia Beach Department of Economic BeatriMrmbc7-y Development has been in the forefront in serving as a catalyst for all entities to Bishop Sad w- n M. Amos contribute to community development. Anuna Anyane.Ntmv Rcar Adpriral ReubinB. Dookert Sandra Brandt Therefore, I wholeheartedly support continued progress of the Virginia Beach Dr. I. D_ Britt Department of Economic Development through a partnership with MEAC:. Non, Charles F. Brown Stcphsnie,Ismcs Dickens MlAC officials would find a community ready to embrace and welcome them, Dr. rretx-orah Mroae as well as provide support for year round operations. A model to emulate has Dr. BerthaTaylorFzcotrcry Jack 1... F./=Il, Jr. been created by the City of Virginia Beach in satisfying customer and community Williarn N1. Cncc needs. Dr_ CicuflTcy V. Cnms Warrenis HctW. Dr. JoAnn Dr.JoAnn W. Hay<hcrt Should you have an questions, 1 may be reached at 757 627-0864. 1 look � Y q , y ( ) JerrauldC.Jonca forward to our continued partnership in serving the community_ Darren 10;1nin Ilemy I'. Linginfeltcr Michael Massic, Esq. Sincerely, Susan rv►,,,n Edith Wfiite Dr. Marie McDcmmond C. Janes C, %later Tom Mullenix Edith G. White Ocnkc Phu Dr kassmn Runte President/CEO Dr. John 0. Simpson Gwendolyn Singletary Nnomi q•,;rehery�a1�' Contributions to the Urban League of Hampton Roads are tax deductible- may, VnMgYV TOTAL P.02 Term Sheet for Mid -Eastern Athletic Conference City Council June 14, 2005 Space: Approximately 6,700 square feet on 11"' floor of The Armada Hoffler Town Center Building locate at 222 Central Park Ave, Virginia Beach, VA 23462 Lease Rate: $21.00 per square foot Lease Term: Five Years o Participation: Armada/Hoffler complete build -out of space and write down cost of space, resulting in a contribution of more than $60,000 over the 5-year term of the lease. o Virginia Beach Development Authority: contribution of $50,000 through the Economic Development Investment Program Fund. Commonwealth of Virginia: a pledge matching the City contribution (to be paid to the VBDA by 12/31/05). A. MEAC shall maintain a minimum of seven (7) full-time employees with an average annual salary of at least $55,000, plus benefits; B. MEAC shall maintain a minimum of four (4) part-time employees with an average annual salary of $8,000; C. MEAC shall maintain a minimum of two (2) paid interns with an average annual salary of $12,000; D. MEAC shall conduct a minimum of two (2) meetings per year in the City of Virginia Beach, Virginia, each with (i) a minimum hotel stay of two (2) nights; (ii) rental of banquet facilities and meeting rooms; and (iii) attendance minimums of at 50 persons for one meeting and 200 persons for the other meeting; E. MEAC shall conduct a minimum of two (2) MEAC Championships (Cross - Country and Bowling) per year in the City of Virginia Beach, Virginia, each with (i) a minimum hotel stay of two (2) nights; (ii) rental of banquet facilities and meeting rooms; and (iii) attendance minimums of 150 persons for the Cross - Country Championship and 60 persons for the Bowling Championship; and F. MEAC shall conduct its Committee meetings in the City of Virginia Beach, Virginia at an average of four (4) meetings per year, and with a minimum hotel stay of one (1) night and a minimum attendance of 50 persons; G. MEAC will use its best efforts to assist the City of Virginia Beach in its sports promotion and marketing efforts; H. MEAC will use its best efforts to utilize its human resources to promote academic and sports relationships in the Virginia Beach Public Schools System. C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing The Virginia Beach Performing Arts Center Foundation, Inc. To Grant Naming Rights To The Virginia Beach Performing Arts Theatre And Its Component Parts MEETING DATE: June 14, 2005 ■ Background:The Virginia Beach Performing Arts Theatre ("Facility") is a community -based, professional quality, twelve hundred -seat facility that is currently under construction at the Town Center in Virginia Beach. The mission of the Facility is to provide exceptional cultural opportunities for the community to both participate in and enjoy and to serve as a cultural focal point for the performing arts in Virginia Beach. The Virginia Beach Performing Arts Center Foundation, Inc. ("Foundation") is a permanent, non-profit section 501(c)(3) organization whose purpose is to support the Facility through advocacy and fundraising. The primary activity of the Foundation, until such time as the construction of the Facility is completed in 2007, is to collect private donations to fund the construction of the Facility. The Foundation has preliminarily identified multiple naming opportunities for the Facility, including the arts center building, theatre auditorium, performance plaza, operating endowment, performance/rehearsal hall, grand lobby, grand lobby chandelier, orchestra lobby, grand staircase, founder's room, stage, theatre control rooms (4), green room, kitchen, orchestra seating, star dressing room, balcony seating (2), box office, boxes (14), cafe/concessions, retail concessions, classrooms (2), wardrobe room, scenery room, conference room, musicians' lounges (2), orchestra pit, office suite, dressing rooms (7), offices (12), seats, site landscaping, marquee, flag poles, plaza benches, and plaza pavers. The Foundation will continue to identify additional opportunities, as appropriate. The Foundation desires to have the authority to grant certain naming rights to the Facility, its theatres, and the component parts of the Facility as an inducement to obtain sponsorship contributions. ■ Considerations: The proposed ordinance will authorize the Foundation to grant naming rights to the Facility, its theatres, and the component parts of the Facility provided that the following limitations and guidelines are followed: (1) naming rights will be granted only in consideration of sponsorship contributions; (2) all naming rights are subject to the prior review and approval of the City Manager; and (3) the inscription for a naming right will be limited to the proper name(s) of a person or persons, business, or organization. ■ Public Information: Public Information will be provided through the normal process of advertising the Council's agenda. ■ Recommendations: Adoption of proposed ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: j= Ana oy_-Z City Manage .. 1 AN ORDINANCE AUTHORIZING THE VIRGINIA 2 BEACH PERFORMING ARTS CENTER FOUNDATION, 3 INC. TO GRANT NAMING RIGHTS TO THE 4 VIRGINIA BEACH PERFORMING ARTS THEATRE 5 AND ITS COMPONENT PARTS 6 7 WHEREAS, the Virginia Beach Performing Arts Theatre 8 ("Facility") is a community -based, professional quality, twelve 9 hundred seat facility that is currently under construction at 10 the Town Center in Virginia Beach; and 11 WHEREAS, the mission of the Facility is to provide 12 exceptional cultural opportunities for the community to both 13 participate in and enjoy and to serve as a cultural focal point 14 for the performing arts in Virginia Beach; and 15 WHEREAS, the Virginia Beach Performing Arts Center 16 Foundation, Inc. ("Foundation") is a permanent, non-protit 17 organization that has applied for section 501 (c)(3) status in 18 the Commonwealth of Virginia, and whose purpose is to support 19 the Facility through advocacy and fundraising; and 20 WHEREAS, the primary activity of the Foundation, until such 21 time as the construction of the Facility is completed in 2007, 22 is to collect private donations to fund the construction of the 23 Facility; and 24 WHEREAS, the Foundation desires to have the authority to 25 grant certain naming rights to the Facility, its theatres, and 26 the component parts of the Facility as an inducement to obtain 27 sponsorship contributions to support its fundraising efforts; 28 and 29 WHEREAS, the Foundation has identified multiple naming 30 opportunities for the Facility and will continue to identify 31 additional opportunities, as appropriate; and 32 WHEREAS, the Council of the City of Virginia Beach 33 appreciates and supports the Foundation's endeavor to raise 34 funds to facilitate the construction of the Facility. 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 38 1. That the Foundation is authorized to grant naming 39 rights to the Facility, its theatres, and the component parts of 40 the Facility in accordance with the following limitations and 41 guidelines: 42 a. Naming rights shall be granted only in 43 consideration of sponsorship contributions, the 44 amounts of which shall be determined by the 45 Foundation. 46 b. All naming rights shall be subject to the prior 47 review and approval of the City Manager. All 48 submissions to the City Manager shall include a 49 copy of the inscription as it is to appear on the 50 Facility property. 51 C. The inscription for a naming right shall be 52 limited to the proper name(s) of a person or 53 persons, a business, or an organization. 54 2 55 56 57 58 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2005. Approved as to Legal Sufficiency: k e4-00c- A�4—zl City Attorney's Office CA9628 June 3, 2005 R-3 H:\P&A\GG\Ord&Res\Proposed\VAPERFOR_doc Approved as to Content: Department of Finance 3 M1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution approving the issuance of industrial development revenue bonds in an amount not to exceed $9,100,000 for the benefit of London Bridge Holding, LLC to assist in the financing of the company's acquisition, construction and equipping of property and improvements located at the intersection of London Bridge Road and Precision Drive in Virginia Beach, Virginia MEETING DATE: June 14, 2005 Background: The City of Virginia Beach Development Authority (the "Authority") has considered the request of London Bridge Holding LLC (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $9,100,000 to assist in the financing of the Company's acquisition of a certain parcel of land containing approximately 9.296 acres located at the intersection of London Bridge Road and Precision Drive in the City of Virginia Beach, Virginia for an 82,000 square foot manufacturing facility. On November 18, 2004, the Authority adopted a Resolution of intent to finance the Company's 51,000 square foot manufacturing facility in an amount not to exceed $5,500,000, and Council approved this matter on January 4, 2005. The Company has described to the Authority its need to increase the square footage of its manufacturing facility to 82,000 square feet and to increase the amount requested to $9,100,000. The Virginia Beach Development Authority passed a resolution on May 19, 2005, recommending that the City Council approve issuance of the bonds in an amount not to exceed $9,100,000. ■ Considerations: The matter comes before Council for its approval pursuant to § 15.2-4906 of the Code of Virginia which requires the municipality on behalf of which the bonds of an authority are issued to either approve or disapprove any financing recommended by such authority within sixty (60) days of the date of the authority's public hearing. a Public Information: The request was duly advertised for a public hearing before the Authority in accordance with the requirements of Section 15.2-4906 of the Virginia Code. ■ Alternatives: Not Approve, which would result in the bonds not being issued for the facilities. i Recommendations: Approval ■ Attachments: Location Map Resolution for City of Virginia Beach IDP Submission to Council Affidavit to Publication & Notice 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 May 19, 2005 APPROVAL /so' �" Submitting Department/Agency: Development Authority (.,'v Not) City Manager- �L C6756UL hl.\OIDNREALESTATE\DEVAUTH\ WORK\DAISSO London Bridge Trading\Agenda Request Fonn.doc —al-l--- i RESOLUTION OF THE CITY COUNCIL OF 2 THE CITY OF VIRGINIA BEACH, VIRGINIA APPROVING THE ISSUANCE OF 4 INDUSTRIAL DEVELOPMENT REVENUE s BONDS (LONDON BRIDGE HOLDING LLC 6 PROJECT) 7 s 9 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") io has considered the application of London Bridge Holding LLC (the "Company") for the it issuance of the Authority's industrial development revenue bonds in an amount not to 12 exceed $9,100,000 (the "Bonds") to assist in the financing of the Company's 13 acquisition, construction and equipping of a manufacturing facility to be leased to 14 London Bridge Trading Company, LTD. for use in its business of manufacturing sewn 15 nylon equipment (all improvements and land being collectively referred to as the 16 "Facility") and has held a public hearing thereon on May 19, 2005; and 17 WHEREAS, the Authority has requested City Council (the "Council") of Virginia 18 Beach, Virginia (the "City") to approve the issuance of the Bonds to comply with Section ig 147(f) of the Internal Revenue Code of 1986, as amended; and 20 WHEREAS, pursuant to Section 15.2-4906, Code of Virginia, 1950, as 21 amended, a copy of the Authority's Resolution approving the issuance of the Bonds, 22 subject to terms to be agreed upon, and a reasonably detailed summary of the 23 comments expressed at the public hearing, if any, have been filed with the Council of 24 the City of Virginia Beach, Virginia. 25 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 28 1. The Council of the City of Virginia Beach, Virginia, approves the issuance 29 of the Bonds by the City of Virginia Beach Development Authority, in a principal amount 30 not to exceed $9,100,000 to finance the Company's acquisition, construction and 31 equipping of a manufacturing facility to be leased to London Bridge Trading Company, 32 LTD. for use in its business of manufacturing sewn nylon equipment to the extent 33 required by Section 147(f) of the Internal Revenue Code. 34 2. The approval of the issuance of the Bonds, as required by Section 147(f) 35 does not constitute an endorsement of the Bonds or the creditworthiness of the 36 Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as 37 amended, the Bonds shall provide that neither the City nor the Authority shall be 38 obligated to pay the Bonds or the interest thereon or other costs incident thereto except 39 from the revenues and moneys pledged therefor, and neither the faith or credit nor the 40 taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 41 3. In approving the Resolution, the City of Virginia Beach, including its 42 elected representatives, officers, employees and agents, shall not be liable and hereby 43 disclaims all liability for any damages to any person, direct or consequential, resulting 44 from the Authority's failure to issue Bonds for the Facility for any reason. 45 4. This Resolution shall take effect immediately upon its adoption. 46 2 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 48 49 50 51 52 53 54 55 56 57 8 of June, 2005. CA9534 June 1, 2005 H.\OID\REAL ESTATE\DEVAUTH\BOND\WORK\DA1580 London Bridge Trading\Resolution of City Counci - Lond APPROVED AS TO LEGAL SUFFICIENCY: 3 VIRGINIA BEACH May 19, 2005 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: London Bridge Holding, LLC Revenue Bonds Dear Mayor Oberndorf and Members of City Council: Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vb-ov.com We submit the following in conrlection with the London Bridge Holding, LLC project (the "Project") located at the northwestern intersection of London Bridge Road and Precision Drive in the city of Virginia Beach, Virginia. (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as ExhibitB . The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D. (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 modification of the bonds described above is attached as Exhibit E. (4) The Fiscal Impact Statement is attached as Exhibit F. The Honorable Meyera E. Oberndorf, Mayor Members of City Council May 19, 2005 Page 2 (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit H is a letter from the appropriate City department commenting on the Project. Very truly yours, Robert Jones Chairman RGJ/JVH/mlg Enclosures Exhibit A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian-Pilot ------------------------------------------------------------------------------ WILLIAMS MULLEN, P.C. 222 CENTRAL PARK AVE., SUITE 1700 VIRGINIA BEACH VA 23462 REFERENCE: 39078411 13148561 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 Communications 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. PUBLISHED ON: 05/05 05/12 TOTAL COST: 639.24�� FILED ON: -----05/13/(0� Sub rib d and to befd afore this -AD- ISPACE: 84 LINEI ----------------------------------------- in my city and state on the day and year ssion expires January 31, 2008 NOTICE OF PUBLIC HEARING ON PROPOSED INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (LONDON BRIDGE HOLDING LLC PROJECT) Notice is hereby given that the City of Virginia Beach Development Authority (the "Authority") will hold a public hearing on the application of London Bridge Holding, LLC, a Virginia limited liability company, 3509 Virginia Beach Boulevard, Virginia (the "Applicant"), for the Authority to issue, pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended, (the "Act"), up to $9,100,000 of its Industrial Development Revenue Bonds to assist the Applicant in financing the acquisition, construction and equipping of an approximately 82,000 square foot manufacturing facility on a 9.296 acre parcel of land known as Parcel 3-A, GPIN 1496-88-7379, Parcel 3-B, GPIN 1496-98-1048, and a portion of Parcel 3-C, GPIN 1496-98-1573, as shown on Subdivision of Residual Area 3, Subdivision Plat of London Bridge Industrial Park Phase IV, located at the northwestern corner of the intersection of London Bridge Road and Precision Drive in Virginia Beach, Virginia (the "Project") for lease to London Bridge Trading Company, Ltd. for use in its business of manufacturing sewn nylon equipment. The public hearing which may be continued or adjourned, will be held at 2:00 p.m. on Thursday, May 19, 2005, before the Authority at the Authority's office at 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462. As required by the Act, the Bonds will not pledge the faith and credit or the taxing pow-ef of the Commonwealth of Virginia or any political subdivision thereof, including the Authority, but will be payable solely from revenues derived from the Applicant wad pledges therefor. Any person interested in the issuance of the Bonds or the location or purpose of the proposed Project may appear and be heard. A copy of the Applicant's application is on file and is open for inspection at the Authority's office at 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, during business hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Exhibit B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (London Bridge Holding LLC Project) The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of London Bridge Holding LLC (the "Borrower"), and that a notice of the hearing was published once a week for two consecutive weeks in a newspaper having general circulation in Virginia Beach, Virginia. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been filed with the records of the Authority. The following individuals appeared before the Authority: William W. Harrison, Jr. of the law firm of Williams Mullen Douglas McDougal, Member of London Bridge Holding LLC Mr. Harrison gave a brief description of the Project (below defined). He explained that the Borrower has applied to the Authority for up to $9,100,000 of its industrial development revenue bonds to assist the Borrower for the purpose of financing the acquisition, construction and equipping of an approximately 82,000 square foot manufacturing facility on a 9,296 acre parcel of land located at the northwestern intersection of London Bridge Road and Precision Drive in the City of Virginia Beach, Virginia for lease to London Bridge Trading Company, LTD. for use in its business of manufacturing sewn nylon equipment (the "Project"). Mr. Harrison and Mr. McDougal answered various questions of the members of the Authority. No other persons appeared to address the Authority, and the Chairman closed the public hearing. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the issuance of the Authority's industrial development revenue bonds in a principal amount not to exceed $9,100,000 and hereby transmits the Fiscal Impact Statement to the City Council of the City of Virginia Beach and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. Dated: (�n. \°\ , Z. O OS #1029196 vl - Record of Public Hearing - London Bridge (5.19.05) B1-47662.1 3/6/02 Exhibit C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AMENDING RESOLUTION OF INTENT ADOPTED NOVEMBER 18, 2004 TO ISSUE BONDS FOR LONDON BRIDGE HOLDING, LLC TO ACQUIRE, CONSTRUCT AND EQUIP A MANUFACTURING FACILITY FOR LEASE TO LONDON BRIDGE TRADING COMPANY, LTD v WHEREAS, on November 18, 2004, the City of Virginia Beach Development Authority (the "Authority") adopted a Resolution (the "Resolution of Intent") wherein it agreed to cooperate with London Bridge Holding, LLC (the "Company") in the review and evaluation of the Company's application to finance an approximately 51,000 square foot manufacturing facility (the "Project"), located on property known as Parcel 3-B as shown on the Subdivision of Residual Parcel 3, GPIN No. 1496-98-1048, containing 6.546 acres and located at the northwestern intersection of London Bridge Road and Precision Drive in Virginia Beach, Virginia for lease to London Bridge Trading Company, Ltd for use in its business of manufacturing sewn nylon equipment; and WHEREAS, the Company has now described to the Authority its need to increase the square footage of the Project to accommodate the growth in the manufacturing business of London Bridge Trading Company, Ltd., and, accordingly, has requested the Authority to amend its Resolution of Intent to increase the maximum principal amount of its industrial Development Revenue Bonds preliminarily authorized to be issued by the Authority; and WHEREAS, the Company has described to the Authority its plans to acquire Parcel 3-A and a portion of Parcel 3-C as shown on the Subdivision of Residual Area 3 Subdivision of London Bridge Industrial Park Phase IV, GPIN 1496-98-1048 and 1496-98-1573, respectively, containing approximately 2.75 acres and located adjacent to Parcel 3-B and located at the northwestern intersection of London Bridge Road and Precision Drive in the City of Virginia Beach, Virginia; and WHEREAS, the Company has described to the Authority its plans to increase the square footage of the Project from 51,000 square feet to 82,000 square feet; and WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of 1986 as amended, and applicable provisions of the Code of Virginia of 1950, as amended (the "Code"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY THAT: 1. The foregoing recitals are approved by the Authority and are incorporated in, and were deemed a part of this Resolution. 2. All references to the Project contained in the Authority's Resolution of Intent shall be deemed to mean the Company's 82,000 square foot manufacturing facility located on property known as Parcel 3-A, 3-B and a portion of 3-C as shown on the Subdivision of Residual Area 3, Subdivision Plat of London Bridge Industrial Park Phase IV and located at the northwestern intersection of London Bridge Road and Precision Drive in the City of Virginia Beach, Virginia. 3. The maximum principal amount of the Industrial Development Revenue Bonds authorized pursuant to Section 4 of the Authority's Resolution of Intent is increased from $5,500,000 to $9,100,000. 4. - The amount of Expenditures as that term is defined in paragraph 5 of the Resolution of Intent, reasonably expected to be incurred by the Company and reimbursed by the Authority with the proceeds of the Bonds is hereby increased from $5,500,000 to $9,100,000. 5. Unless this Resolution is extended by the Authority, the Bonds authorized under the Resolution of Intent, as amended by this Resolution, shall be issued within one year of the date of this Resolution or the Resolution of Intent, as amended by this Resolution, shall become void and of no further force or effect. 6. The Authority hereby recommends that the City Council of the City of Virginia Beach approve the issuance of the Bonds in the augmented principal amount of $9,100,000 and hereby directs the Chairman or Vice -Chairman of the Authority to submit to the City Council of the City of Virginia Beach a reasonably detailed summary of the comments, if any, expressed at the public hearing, the fiscal impact statement required by Virginia law, a copy of the Resolution of Intent and a copy of this Resolution. 7. This Resolution shall take effect immediately upon its adoption. ADOPTED: May 19, 2005. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Secretary/ #1018567 vl - Resolution Amending Manufacturing Facility/LondonBridge/Oceana 2 Exhibit D DISCLOSURE STATEMENT Date: May 19, 2005 Applicant: LONDON BRIDGE HOLDING LLC All Owners (if different from Applicant): None Type of Application: $9,100,000 Industrial Development Revenue Bonds to assist Applicant in acquisition, construction and equipping of an approximately 82,000 square foot manufacturing facility on a 9.296 acre parcel of land located at the northwestern intersection of London Bridge Road and Precision Drive in the City of Virginia Beach, Virginia for lease to London Bridge Trading Company, LTD. for use in its business of manufacturing sewn nylon equipment (the "Project"). 1. The Applicant is a Virginia limited liability company. 2. The Applicant will be the owner of the Project. 3. London Bridge Trading Company, LTD. is a Virginia corporation whose sole shareholders, Douglas McDougal and Linda McDougal, are the only members of London Bridge Holding LLC. LONDON BRIDGE HOLDING LLC #1029189 v1 - Disclssoure Statement - London Bridge (5/19/05) Exhibit E VIRGINIA BEACH Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757)437-6464 FAX (757) 499-9894 Website: www.vbaov.com E-mail: ecdev@vbgov.com CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF THE ISSUANCE BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO ISSUE BONDS FOR LONDON BRIDGE HOLDING LLC TO ACQUIRE, CONSTRUCT AND EQUIP AN APPROXIMATELY 82,000 SQUARE FOOT MANUFACTURING FACILITY FOR LEASE TO LONDON BRIDGE TRADING COMPANY, LTD. The Development Authority recommends approval of the above -referenced financing. The benefits of the Project to the City include increased employment to 250 jobs (205 current, estimated 45 more); additional local taxes to be paid in the amount of $80,000; service to local military and law enforcement units; and growth of local business already located in the City of Virginia Beach, Virginia. Exhibit 1� FISCAL IMPACT STATEMENT DATE: May 19, 2005 TO: CITY COUNCIL OF THE CITY OF VIRGINIA BEACH APPLICANT: London Bridge Holding LLC TYPE OF FACILITY: Manufacturing facility for sewn nylon equipment Maximum amount of financing sought: $9,100,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality: $7,965,000 3. Estimated real property tax per year using present tax rates: $ 80,000 4. Estimated personal property tax per year using present tax rates: $ 22,000 5. Estimated merchant's capital (business license) tax per year using present tax rates: $ 7,000 6. (a) Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality: $ 350,000 (b) Estimated dollar value per year of good that will be purchased from non -Virginia companies within the locality: $ 0 (c) Estimated dollar value per year of services that will be purchased from Virginia companies within the locality: $ 75,000 (d) Estimated dollar value per year of services that will purchased from non -Virginia companies within the locality: $ 0 7. Estimated number of regular Employees on year round basis: 250 8. Average annual salary per employee: $ 19,700 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: C 'r Exhibit G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: London Bridge Holding LLC Project 2. LOCATION: Northwestern corner of intersection of London Bridge Road and Precision Drive. 3. DESCRIPTION OF PROJECT: acquisition, construction and equipping of an approximately 82,000 square foot split level building on a 9.296 acre parcel of land located at northwestern corner of intersection of London Bridge Road and Precision Drive, Virginia Beach, Virginia for lease to London Bridge Trading Company, LTD. for use in its business of manufacturing sewn nylon equipment. 4. AMOUNT OF BOND ISSUE: $9,100,000 5. PRINCIPALS: Douglas McDougal Linda McDougal 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: 12 b. Is rezoning proposed? Yes No x C. If so, to what zoning classification? NOTE: THIS DOCUMENT MUST BE ON 8 —1/2 X 14 INCH PLAIN BOND PAPER. #1029211 v1 - Application for Bond-VABeach-Londond Bridge(5.19.05)036783.0008 Exhibit H VMGI?QA BEACH Mr. Robert G. Jones Chair Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757)437-6464 FAX (757) 499-9894 May 19, 2005 Website: www.vbgov.com Re: London Bridge Holding LLC Bond Financing Dear Bob: The Virginia Beach Development Authority, at its November 18, 2004 meeting, approved the issuance of industrial revenue bonds in an amount not to exceed $5,500,000 for London Bridge Holding LLC to acquire, construct and equip an approximately 51,000 sq. ft. manufacturing facility for lease to London Bridge Trading Company, LTD. The resulting public benefits are as follows: (a) this is in the best interest of the public and will benefit the inhabitants of the City through the promotion of their safety, health, welfare, convenience or prosperity, and (b) the acquisition, constructing, and equipping of the Project for the Company in the City will provide a public benefit to the City by, among other things, promoting industry, commerce and developing trade. It is the finding of the Department of Economic Development that the proposed increase in the issuance amount of the aforementioned industrial revenue bonds from a maximum of $5,500,000 to a maximum of $9,100,000, and an increase in the size of the facility from 51,000 sq. ft. to 82,000 sq. ft. is appropriate and justified due to the continued substantial growth of this company. I will be happy to answer any questions you may have at our meeting. Sincerely, IA'a� Mark R. Wawner Project Development Manager MRW:Ils CITY OF VIRGINIA BEACH AGENDA ITEM Item: A Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding With A Dolphin's Promise Regarding The Manufacture And Display Of Dolphin Sculptures In The City Of Virginia Beach MEETING DATE: June 14, 2005 ■ Background: A Dolphin's Promise, Inc. ("DP") is a nonprofit corporation that has applied for section 501 (c)(3) status in the Commonwealth of Virginia. DP is in the process of arranging for the sponsorship, manufacture, and delivery of life-size dolphin sculptures constructed of high quality fiberglass. Each dolphin sculpture will be created by an artist whose design has been approved by the Virginia Beach Public Art Committee. An estimated two hundred sculptures will be displayed at various locations throughout the City of Virginia Beach ("City"), on public and private property, commencing in September 2005. ■ Considerations: The Memorandum of Understanding ("MOU") states that dolphin sculptures will be sponsored by corporations, business owners, and private individuals, pursuant to sponsorship agreements with DP, and the proceeds from the sponsorship agreements will be donated to the Lance Armstrong Foundation for the advancement of cancer education, research, advocacy, and public health and a donation will be made to the Virginia Aquarium Stranding Center. In recognition of the importance of eliminating cancer as a major health problem by preventing cancer, saving lives, and diminishing suffering from cancer, through research, education, advocacy, and service, the City expresses its wholehearted support of DP. To assist with DP's endeavor to raise money for the Lance Armstrong Foundation and the Virginia Aquarium Stranding Center, the MOU states that the City will provide DP with access to City property for the display of dolphin sculptures, assist in the installation of the sculptures on City property, maintain the grounds surrounding the dolphin sculptures, and endorse DP by assisting with publicity for the dolphin sculpture project ■ Public Information: Public Information will be provided through the normal process of advertising the Council's agenda. ■ Recommendations: Adoption of proposed resolution. ■ Attachment: Resolution Summary of Terms Recommended Action: Approval Submitting Department/Agency: Office of the Mayor City Manage - 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A MEMORANDUM OF 3 UNDERSTANDING WITH A DOLPHIN'S PROMISE, 4 INC. REGARDING THE MANUFACTURE AND 5 DISPLAY OF DOLPHIN SCULPTURES IN THE 6 CITY OF VIRGINIA BEACH 7 8 WHEREAS, a Dolphin's Promise, Inc. ("DP") is a nonprofit 9 corporation that has applied for section 501 (c)(3) status in 10 the Commonwealth of Virginia; and 11 WHEREAS, DP is in the process of arranging for the 12 sponsorship, manufacture, and delivery of life-size dolphin 13 sculptures constructed of high quality fiberglass. Each dolphin 14 sculpture will be created by an artist whose design has been 15 approved by the Public Art Committee of the Virginia Beach Arts 16 and Humanities Commission. An estimated two hundred sculptures 17 will be displayed at various locations throughout the City of 18 Virginia Beach ("City"), on public and private property, 19 commencing in September 2005; and 20 WHEREAS, the dolphin sculptures will be sponsored by 21 corporations, business owners, and private individuals, pursuant 22 to sponsorship agreements with DP, and the proceeds from the 23 sponsorship agreements will be donated to the Lance Armstrong 24 Foundation for the advancement of cancer education, research, 25 advocacy, and public health and a donation will be made to the 26 Virginia Aquarium Stranding Center; and 27 WHEREAS, in recognition of the importance of eliminating 28 cancer as a major health problem by preventing cancer, saving 29 lives, and diminishing suffering from cancer, through research, 30 education, advocacy, and service, the City expresses its 31 wholehearted support of DP; and 32 WHEREAS, in an effort to assist with DP's endeavor to raise 33 money for the Lance Armstrong Foundation and the Virginia 34 Aquarium Stranding Center, pursuant to the terms and conditions 35 set forth in the Memorandum of Understanding, the City agrees to 36 provide DP with access to City property for the display of 37 dolphin sculptures, to assist in the installation of the 38 sculptures on City property, to maintain the grounds surrounding 39 the dolphin sculptures, and to endorse DP by assisting with 40 publicity for the dolphin sculpture project. 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 42 OF VIRGINIA BEACH, VIRGINIA: 43 44 The City Manager is hereby authorized and directed to 45 execute said Memorandum of Understanding on behalf of the City 46 of Virginia Beach. A summary of the material terms for the 47 agreement is attached hereto and a true copy of the agreement is 48 on file with the City Clerk. 49 Adopted by the Council of the City of Virginia Beach, 50 Virginia on the day of 2005. 51 52 Approved as to Content Approv d.as to Vagffic'ency: it Manager City Attorney's ffice CA 41 June 7, 2005 R-3 H:\P&A\GG\Ord&Res\Proposed\Dolphin res.doc K Memorandum of Understanding between City of Virginia Beach ("City") and A Dolphin's Promise, Inc. ("A Dolphin's Promise") SUMMARY OF TERMS Purpose: Outlines the terms for two hundred dolphin structures, sponsored by corporations, business owners and individuals, to be displayed on City and private property in an effort to raise $1,000,000 for the Lance Armstrong Foundation. A donation will also be made to the Virginia Aquarium Stranding Center. Premises: Fifty sites throughout the City, exact locations to be determined by the City. Term: The MOU shall be in effect from the date of execution and continue for two years from the date that the last dolphin structure is installed on City property. The MOU may be terminated by either party at any time by giving notice to the other party. Responsibilities of the City: • Make City property available for the display of the dolphin structures. • Install the dolphin structures on City property (all dolphin structures placed on City property shall become the property of the City). • Maintenance and upkeep of the grounds surrounding each dolphin structure. • Endorse the efforts of A Dolphin's Promise to raise money for cancer education, research, advocacy, and public health, and for the Virginia Aquarium Stranding Center. Endorsement includes a media release and a Resolution endorsing the Dolphin Project. Responsibilities of A Dolphin's Promise, Inc.: • At its sole cost and expense, design, construct and deliver life-size dolphin sculptures, constructed of fiberglass. • Diligently pursue the sponsorship and construction of the dolphin sculptures to completion by September 30, 2007. • Solicit and collect design submissions from artists, through a Selection Committee composed of a minimum of three art professionals. • Submit all design specifications to the Public Art Commission who will HAPolicy and Administration\GENERAL GOVERNMENT DIVISION - Team A\Ordinances & Resolutions Prepared for Council\City- Dolphin's Promise MOU terms.doc make recommendations to the full Virginia Beach Arts and Humanities Commission ("VBAHC"). • Not permit the display of any dolphin structure on private or City property that has not been approved by the VBAHC. • Provide the City with an itemized list identifying the specific locations where each dolphin sculpture is displayed on City property. • Responsible for maintenance, repair and upkeep of the fiberglass structure and the artwork on each dolphin sculpture. • Not use the City's name, seal or other insignia for promotional or advertisement purposes, or in connection with any service or product offered by A Dolphin's Promise without the prior approval of the City Manager or his designee. 14 K. PLANNING 1. Application of ROBERT A. WINBAUER for the expansion of a Nonconforming Use for alterations to a duplex and single family dwelling at 1312 Cypress Avenue. DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 2. Application of C. COOPER PEARCE, III and MARTHA PEARCE for the expansion of a Nonconforming Use re alterations to a single family dwelling and the guest house shall be deemed an accessory use and not rented as a separate dwelling at 117 Bay Colony Drive aka 117 47th Street. DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 3. Application of WILLIAM A. BEIGEL for a Conditional Use Permit re a home occupation (firearm sales) at 2529 Broad Bay Road. DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 4. Application of RAINBOW STATION, INC. for a Conditional Use Permit re a child care education center on the south side of Sandbridge Road, east of Princess Anne Road. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 5. Application of TRUE VICTORY OUTREACH MINISTRIES for a Conditional Use Permit re a church at 1270 Diamond Springs Road. DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 6. Application of JEFFREY A. KROLL for a Conditional Use Permit re alternative residential development on property located at the southeast intersection of Stowe Road and North Stowe Road. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 7. Application of ST. CROIX ASSOCIATES, L.P. for a Change of Zoning District Classification from R-10 Residential District and A-12 Apartment District to Conditional A-18 Apartment District on the north side of Newtown Road, east of Diamond Springs Road. DISTRICT 4 — BAYSIDE RECOMMENDATION: .... SIi/_11il 8. Ordinance to AMEND §§ 111 and 401 and ADD § 239.02 of the City Zoning Ordinance (COZ), defining the term "mulch processing facility", establishing mulch storage and standards for mulch processing facilities as principal and conditional uses, respectively, in Agricultural Zoning Districts. RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Ha!!, Municipal Center, 2401 Courthouse Drive, Tuesday, June 14, 2005, at 6:00 p.m. The following applications will be heard: DISTRICT 5 - LYNNHAVEN 1. William A. Beigel Application: Conditional Use Permit for a home. occupation (firearm sales) at 2529 Broad Bay Road (GPIN 14997885600000). DISTRICT 6 - BEACH 2, Robert A. Winbauer Application: Expansion of a Nonconform- ing Use at 1312 Cypress Avenue (GPIN 24179553850000). 3. C' Cooper Pearce, III and Martha Pearce Application: Expan Sion of a Nonconforming US at 117 Bay Colony Drive aka 117 47th Street (GPIN 24189707850000). DISTRICT 4 - BAYSIDE 4. St. Croix Associates, L.P. Application: Change of Zoning Dis trict Classification from•R-10 Residential and A-12 Apartment to Conditional A-18 Apartment located on the north side of New- town Road, approximately 450 feet east of Diamond Springs Road (GPINs 14685325810000; 14686343630000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located sub- urban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of the zoning change is to expand the existing complex with one building con- taining 12 units. DISTRICT 7 - PRINCESS ANNE 5. Rainbow Station, Inc. Application: Conditional Use Permit for a child care education center located on the south side of Sand - bridge Road, 725 feet east of Princess Anne Road (GPINs 24142138390000;24143142490000). 6. Jeffrey A. Kroll Application: Conditional Use Permit for alter- native residential development on property located at the south- east intersection of Stowe Road and North Stowe Road (GPIN 240046827-00000). CITY OF VIRGINIA BEACH 7. Ordinance to amend Sections 111 and 401 and add Section 239.02 of the City Zoning Ordinance, defining the term "mulch processing facility," establishing mulch storage and mulch pro- cessing facilities as principal and conditional uses, respectively, in agricultural zoning districts,, and establishing standards for mulch processing facilities DISTRICT 4 - BAYSIDE 8. True Victory Outreach Ministries Application: Conditional Use Permit ' for a church at 1270 Diamond Springs Road (GPIN 14692011400000). All interested citizens are invited to attend Ruth Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions and amend- ments are on file and may be examined in the Department of Planning. For information call 427-4621. If you are physically disabled or vlsUally unpaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303. Hearing unpaired, call: Virginia Relay at 1-800-328-112®. The Planning Commission Agenda is available through the City's Internet Home Page at_h_ttp://www,vbeov.com/r)lanninacommission Beacon, May 29 & June 5, 2005 13271924 :Z) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Richard A. Winbauer, Alteration to a Nonconforming Use MEETING DATE: June 14, 2005 ■ Background: An Ordinance upon Application of Robert A. Winbauer for the Alteration to a Nonconforming Use on property located at 1312 Cypress Avenue (GPIN 24179553850000). DISTRICT 6 — BEACH ■ Considerations: There are two (2) structures on two (2) and one half (1/2) lots: a single-family dwelling and a duplex. Lot 4 and lot 5 are 25 feet in width and the northern half of lot 6 is 12.5 feet wide. Combined, the total lot width is 62.5 feet. According to the City Assessor's records, the original single-family dwelling unit was constructed in 1937. The northern portion of lot 6 was subdivided legally by deed on March 3, 1949 and the duplex was constructed thereafter (the exact date is not clear). The site is zoned R-5D Residential Duplex District. Having three units in this configuration on the same zoning lot is not permitted in the R-5D District, and thus the situation is nonconforming. As such, any modification to a structure requires City Council approval (Section 105(d) of the City Zoning Ordinance). The duplex unit, on the western portion of the lot, is currently under repair and renovation. The applicant has obtained building permits to replace the roof and the siding and has plans to renovate the interior. These are all changes that are allowable since they are considered repair and no alteration is being made. However, it is also the applicant's intent to modify and upgrade the entrances to both units. The proposed improvements to the entrances are beyond the scope of Staffs purview and require review and approval from City Council since they are alterations to a nonconformity. Specifically, the applicant proposes to replace the existing front entry of the duplex for the first floor unit with an A -frame, covered entry feature and replace the deteriorating steps and the landing that lead to the 2nd floor unit in the rear of the building. ■ Recommendations: Pursuant to Section 105(e) of the City Zoning Ordinance, a nonconforming use or structure may be modified only if the City Council finds that the proposed use, as modified, will be "equally appropriate or more appropriate to the district than is the existing nonconformity." Richard Winbauer Page 2 of 2 This proposed alteration is equally appropriate to the district as the existing nonconformity. The proposed alteration is consistent with the surrounding area and will not result in any greater nonconformity than exists now. Approval is recommended with the following condition: The alterations to the existing duplex shall be limited to and shall be in substantial conformance with the submitted elevations entitled, "Front view of proposed changes for Winbauer," and "Side view of proposed porch changes for Winbauer." ■ Attachments: Staff Review Disclosure Statement Recommended Action: Staff recommends approval with a condition. Submitting Department/Agency: Planning Department City Manager: �-- 1 A RESOLUTION AUTHORIZING THE ALTERATION OF A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 1312 CYPRESS AVENUE, IN THE BEACH DISTRICT 4 5 WHEREAS, Robert A Winbauer (hereinafter the "Applicant"), 6 has made application to the City Council for authorization to 7 alter to a nonconforming duplex situated on a certain lot or 8 parcel of land having the address of 1312 Cypress Avenue, in the 9 R-5D Residential Duplex District; and 10 WHEREAS, the said duplex is nonconforming in that it, and 11 a separate single-family dwelling, are located on two and one 12 half lots having a total lot width of sixty-two and one half 13 feet, a configuration that is not permitted in the R-5D Zoning 14 District, but that was lawful prior to the adoption of the City 15 Zoning Ordinance; and 16 WHEREAS, pursuant to Section 105 of the City Zoning 17 Ordinance, the alteration of a nonconforming use is unlawful in 18 the absence of a resolution of the City Council authorizing such 19 action upon a finding that the proposed use, as altered, will be 20 equally appropriate or more appropriate to the zoning district 21 than is the existing use; 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 That the City Council hereby finds that the proposed use, 25 as altered, will be equally appropriate to the district as is 26 the existing use. 27 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 That the proposed alterations of the Applicant's use of the 30 parcel are hereby authorized, upon the following condition: 31 The alterations to the existing nonconforming duplex shall 32 be limited to, and shall be in substantial conformance with, the 33 submitted elevations entitled, "Front View of Proposed Changes 34 for Winbauer" and "Side View of Proposed Porch Changes for 35 Winbauer." 36 37 Adopted by the Council of the City of Virginia Beach on the 38 day of June, 2005. CA-9633 OID\Ordres\nonconforming-winbauer.doc R-2 June 2, 2005 APPROVED AS TO CONTENT: Planning Departmen APPROVED AS TO LEGAL S FFICI CY: 0i A�� / /P" - City Attorney's Office E ROBERT A. WINBAUER Staff Planner: Carolyn A.K. Smith REQUEST: Change to a Nonconforming Use for alteration to the front and rear entry of the existing duplex. 'i1� Non -Conforming Use I� � • � �' � �/, - Rpm _' n. ' '� � � ; 9 ADDRESS / DESCRIPTION: Property located 1312 Cypress Avenue. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24179553850000 6 - BEACH 7,812 square feet SUMMARY OF REQUEST There are two (2) dwelling units on two (2) and one half (1/2) lots: a single-family dwelling and a duplex dwelling. Lot 4 and lot 5 are 25 feet in width and the northern half of lot 6 is 12.5 feet wide. Combined, the total lot width is 62.5 feet. According to the City Assessor's records, the original single-family dwelling unit was constructed in 1937. The northern portion of lot 6 was subdivided legally by deed on March 3, 1949 and the duplex was constructed thereafter (the exact date is not clear). The site is zoned R-5D Residential Duplex District. Having three units in this configuration on the same zoning lot is not permitted in the R-5D District, and thus the situation is nonconforming. As such, any modification to a structure requires City Council approval (Section 105(d) of the City Zoning Ordinance). The duplex unit, on the western portion of the lot, is currently under repair and renovation. The applicant has obtained building permits to replace the roof and the siding and has plans to renovate the interior. These are all changes that are allowable since they are considered repair and no alteration is being made. However, it is also the applicant's intent to modify and upgrade the entrances to both units. The proposed improvements to the entrances are beyond the scope of Staffs purview and require review and approval from City Council since they are alterations to a nonconformity. Specifically, the applicant proposes to replace the existing front entry of the duplex for the first floor unit with an A -frame, covered entry feature and replace the deteriorating steps and the landing that lead to the 2"d floor unit in the rear of the building. RICHARD WINBAUER Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: There is a single-family dwelling and a duplex on the property. SURROUNDING LAND North: . Single-family dwellings, duplex / R-5D Residential District USE AND ZONING: South: . Single-family dwellings / R-513 Residential District East: . Cypress Avenue, single-family dwelling, duplex, apartment building / R-5D Residential District, A-36 Apartment District West: . Single-family dwelling / R-5D Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There are no CULTURAL FEATURES: significant environmental features on the property. AICUZ: The site is in an AICUZ of 70 to 75dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES WATER: This site has an existing meter that may be used. No additional connections will be permitted. There is an eight (8) inch City water main in Cypress Avenue. SEWER: This site is connected to City sanitary sewer. There is a six (6) inch City sanitary sewer main in Cypress Avenue. COMPREHENSIVE PLAN The Comprehensive Plan designates this area as being part of the "Primary Residential Area." The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size and relationship of land use, both residential and non-residential, located in and around neighborhoods should serve as a guide when considering future development. EVALUATION AND RECOMMENDATION Staff recommends approval of this request. Section 105(d) of the City Zoning Ordinance states that no nonconforming use or structure shall be enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally appropriate or more appropriate to the district than is the existing nonconformity." Staff finds that the proposed alteration is reasonable, will have a minimal impact, and should be as RICHARD WINBAUER Page 2 appropriate to the district as the existing non -conforming use. The request, therefore, is acceptable with the condition below. CONDITIONS The alterations to the existing duplex shall be limited to and shall be in substantial conformance with the submitted elevations entitled, "Front view of proposed changes for Winbauer," and "Side view of proposed porch. changes for Winbauer." NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. RICHARD WINBAUER Page 3 • , ';`' ' ? sue- . r t r-r _ t t � , es h- `� ,, yr: • ;,:� - - ',,,. ��Gy�r tP It �...,rv. Pa -Av -� • ' � 'S L� .aSr 1 I 1 1 12 2nd Pln _ + (Found) 42 42' Choln Pin Unk Fence (Found) - 7_51r3O-W 62.50' - , �-F...-_ Uno � .J 7 x i 2 Story Frame 72- Wooden 1 1 1312 1 /2 i Fence i i (2 iApt Units) ' o,a 4 o,cons J � I 5 Cum I U4, O I i C- O —71 I O I _ 12.D' � O.a O 0 m i Sty Fr. E I I�•I I I 1ZJ' 12Tn x 7.3. Pln s07*51'300E 62.50' (Found) CYPRESS AVENUE (50' R/W) On A N _-- Q 13 75 RICHARD WINBAUER Page 5 PROPOSED BUILDING ELEVATION SHOWING A -FRAME OVER ENTRANCE z O H Q w J w (D z 0 J m G w O IL O w a RICHARD WINBAUER Page 6 RICHARD WINBAUER Page 7 City of Virginia Beach Planning Commission and City Council, We are in support of changes proposed to the property Located at 1312 Cypress .avenue, rear duelling. The exterior renovation repl2cin�_ the 8'x 9' concrete front entn• porch with an 8' x 7' wooden deck entry porch with an A -frame roof over the porch ( see attached drawings). The two barn doors to :he garage will be changed to nvo 36" entn doors into utility rooms. (see drawings) ` We-alC in support of all impr-cvements L1r. AXInbauer and % iss Meekins have and are makins to the pruperty as it has and ill greatiy enhance the look and value. The renovatior of the ori�inai beach cottages further complements the city's plan to bring about the "Old Beach" ambiance.Z. Name Q jll Address Sipiatur _ Date — A S N A Si Name F N / CAS/Z(C Address 13c,VP tei—>S Signatur 6 - Name, Address_ Sianature — C Date Date 41 tr O co U. 0 O H 1- W 11L RICHARD WINBAUER Page 8 1 06/24/85 Change of Zoning R-7 to R-8 Granted 2 03/25/85 Conditional Use Permit duplex Granted 3 11/05/84 Conditional Use Permit (duplex) Granted 4 09/17/84 11/16/81 Conditional Use Permit (duplex) Conditional Use Permit (duplex) Granted Granted 5 06/18/84 Change of Zoning R-7 to A-1 Granted 6 03/19/84 Conditional Use Permit (duplex) Granted 7 02/28/83 Conditional Use Permit (duplex) Granted RICHARD WINBAUER Page 9 IF— DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' & 2 See next page for footnotes Non -Conforming Use Application Page 8 of 9 Revised 911/2004 I— W LLI - Fa- W 0 V I-M-7 RICHARD WINBAUER Page 10 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I .am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Applicant's Signature 'i Print Name 7� ss�� i F: I c Property Owner's Signature (if different than applicant) Print Name Non -Conforming Use Application Page 9 of 9 Revised 9/1/2004 RICHARD WINBAUER Page 11 Z�v'f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C. Cooper Pearce, III and Martha Pearce, Alteration to a Nonconforming Use MEETING DATE: June 14, 2005 ■ Background: An Ordinance upon Application of C. Cooper Pearce, III and Martha Pearce for the Expansion of a Nonconforming Use on property located at 117 Bay Colony Drive aka 117 47th Street (GPIN 24189707850000). DISTRICT 6 — BEACH ■ Considerations: The subject site is zoned R-7.5 Residential District and measures only 6,250 square feet in size. There is an existing single-family dwelling on the site as well as a detached guesthouse in the rear. The R-7.5 District does not allow a detached guesthouse. The guesthouse was determined to be nonconforming during a review of the site by the Zoning Administrator and the City Attorney's office in 1997. Neither the guesthouse nor the single-family dwelling meets the setbacks required in the R-7.5 District. For these reasons, any change to either the single-family dwelling or the guesthouse requires City Council approval pursuant to Section 105(d) of the City Zoning Ordinance. The applicant is requesting approval for changes to the single family dwelling only. No changes are proposed for the guesthouse. The applicant is requesting approval for several modifications and additions to the single-family dwelling on the site as follows: 1. Change the existing flat roof to a pitched roof; 2. Create a new covered porch extending from the front door to the front line of the existing structure; and 3. Add a screened covered porch on the second story of the western most portion of the structure. ■ Recommendations: Pursuant to Section 105(e) of the City Zoning Ordinance, a nonconforming use or structure may be modified only if the City Council finds that the proposed use, as modified, will be "equally appropriate or more appropriate to the district than is the existing nonconformity." The proposed modifications to the existing single-family dwelling do not extend beyond the setbacks already established. The lot coverage for the existing structures is 37%, which exceeds the 35% allowed in the R-7.5 District. The Pearce Page 2 of 2 enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use. The request, therefore, is acceptable with the conditions below. 1. The detached structure in the rear of the site is considered an accessory use and shall not be rented as a separate dwelling unit. 2. The alterations to the single-family dwelling shall be limited to and in substantial conformance with the site plan titled "Proposed Site Plan for 117 47th Street" prepared by Thad A. Broom, AIA and the elevation plan titled "Pearce Residence Proposed Front Elevation" prepared by Thad A. Broom, AIA as exhibited to City Council and on file in the Department of Planning. ■ Attachments: Staff Review Disclosure Statement Recommended Action: Staff recommends approval with conditions. Submitting Department/Agency: Planning Department City Manager: ,L • �b,(� NORTH VIRGINIA BEACH CIVIC LEAGUE ZONING REVIEW COMMITTEE MEMO Members of City Council City of Virginia Beach Sunday, June 05, 2005 Re: Application by COOPER C. PEARCE III AND MARTHA PEARCE for a Change to a Nonconforming Use for a building addition to a single family dwelling at 117 — 47" Street - Lynnhaven District - Virginia Beach, Virginia 23451 The North Virginia Beach Civic League's (NVBCL) Zoning Review Committee has reviewed the merits of this project and "take no exception" to the request as presented. Should there be any questions please contact me at 431- 1041 x 16. Sincerely, Billy William D. Almond, ASLA Chair, NVBCL Zoning Review Committee 1 A RESOLUTION AUTHORIZING THE ALTERATION OF A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 117 3 BAY COLONY DRIVE (117 47" STREET), IN THE 4 BEACH DISTRICT 5 6 WHEREAS, C. Cooper Pearce, III and Martha 7 Pearce, (hereinafter the "Applicants"), have made application to 8 the City Council for authorization to make alterations to a 9 nonconforming use (single-family dwelling with a detached guest 10 house) situated on a certain lot or parcel of land having the 11 address of 117 Bay Colony Drive (117 47th Street), in the R-7.5 12 Residential District; and 13 WHEREAS, the said single-family dwelling is nonconforming, 14 in that current zoning regulations applicable in the R-7.5 15 Residential Zoning District do not allow a single-family 16 dwelling and a detached guest house to be located on the same 17 parcel, and neither the single-family dwelling nor the guest 18 house meet the required setbacks in the R-7.5 Residential 19 Zoning; and 20 WHEREAS, pursuant to Section 105 of the City Zoning 21 Ordinance, the alteration of a nonconforming use is unlawful in 22 the absence of a resolution of the City Council authorizing such 23 action upon a finding that the proposed use, as altered, will be 24 equally appropriate or more appropriate to the zoning district 25 than is the existing use; 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 That the City Council hereby finds that the proposed use, 29 as altered, will be equally appropriate to the district as is 30 the existing use. 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 That the proposed alterations of the Applicant's use of the 34 parcel are hereby authorized, upon the following condition: 35 1. The detached structure in the rear of the site shall 36 be deemed to be an accessory use and shall not be 37 rented as a separate dwelling unit; and 38 2. The alterations to the single-family dwelling shall be 39 limited to, and in substantial confority with, the 40 site plan titled "Proposed Site Plan for 117 47th 41 Street" prepared by Thad A. Broom, AIA and the 42 elevation plan titled "Pearce Residence Proposed Front 43 Elevation" prepared by Thad A. Broom, AIA as exhibited 44 to the City Council and on file in the Department of 45 Planning. 46 47 Adopted by the Council of the City of Virginia Beach on the 48 day of June, 2005. 2 CA-9634 OID\Ordres\nonconforming-pearce.doc R-2 June 3, 2005 APPROVED AS TO CONTENT: i PlaVining Departme t APPROVED AS TO LEGAL SUFFICI NCY: r City Attorney's Office COOPER C. PEARCE III AND MARTHA P EARC E Staff Planner: Barbara Duke REQUEST: Change to a Nonconforming Use for a building addition to a single family dwelling ADDRESS / DESCRIPTION: Property located at 117 47th Street, also known as Bay Colony Drive GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 241897078500 6 — BEACH 6,250 square feet The subject site is zoned R-7.5 Residential District and SUMMARY OF REQUEST measures only 6,250 square feet in size. There is an existing single-family dwelling on the site as well as a detached guesthouse in the rear. The R-7.5 District does not allow a detached guesthouse. The guesthouse was determined to be nonconforming during a review of the site by the Zoning Administrator and the City Attorney's office in 1997. Neither the guesthouse nor the single-family dwelling meets the setbacks required in the R-7.5 District. For these reasons, any change to either the single-family dwelling or the guesthouse requires City Council approval pursuant to Section 105(d) of the City Zoning Ordinance. The applicant is requesting approval for changes to the single family dwelling only. No changes are proposed for the guesthouse. The applicant is requesting approval for several modifications and additions to the single-family dwelling on the site as follows: 1. Change the existing flat roof to a pitched roof 2. Create a new covered porch extending from the front door to the front line of the existing structure. 3. Add a screened covered porch on the second story of the western most portion of the structure. PEARCE Nonconforming Structure Modification Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: One single-family dwelling with a detached guesthouse SURROUNDING LAND North: . Single-family Dwellings / R-7.5 Residential District USE AND ZONING: South: . Single-family Dwellings / R-7.5 Residential District East: . Single-family Dwellings / R-7.5 Residential District West: . Single-family Dwellings / R-7.5 Residential District AICUZ: 65-70 dB Ldn WATER: This site is connected to City water. SEWER: This site is connected to City sanitary sewer. The Comprehensive Plan designates this site as being part of COMPREHENSIVE PLAN the "Primary Residential Area." and more specifically located in the sub -area identified in the plan as the North Virginia Beach residential community. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size and relationship of land use, both residential and non-residential, located in and around neighborhoods should serve as a guide when considering future development. EVALUATION AND RECOMMENDATION Staff recommends approval of this request. Section 105(d) of the City Zoning Ordinance states that no nonconforming use or structure shall be enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally appropriate or more appropriate to the district than is the existing nonconformity." The proposed modifications to the existing single-family dwelling do not extend beyond the setbacks already established. The lot coverage for the existing structures is 37%, which exceeds the 35% allowed in the R-7.5 District. The new covered front porch will add 180 square feet (or 3%) of additional lot coverage. The enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use. The request, therefore, is acceptable with the conditions below. PEARCE Nonconforming Structure Modification Page 2 CONDITIONS 1. The detached structure in the rear of the site is considered an accessory use and shall not be rented as a separate dwelling unit. 2. The alterations to the single-family dwelling shall be limited to and in substantial conformance with the site plan titled "Proposed Site Plan for 117 47"' Street" prepared by Thad A. Broom, AIA and the elevation plan titled "Pearce Residence Proposed Front Elevation" prepared by Thad A. Broom, AIA as exhibited to City Council and on file in the Department of Planning. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. 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. PEARCE Nonconforming Structure Modification Page 3 ZWO3'00•A ,- EX15T'6 I ACCESSORY h STRXTJJRE REAR 5ETBACK I i I I i al I I WI I I I W � � co EX15T'G DECK I 3 n 101-01 EXISM HOU5E I I I I I I � i I I a -0• W FRONT SETBACK I I N81dC3'00•E 41TH 5TREET (10' R/W) PROPOSED SITE PLAN PEARCE Nonconforming Structure Modification Page 6 Z H Q 7 ti! J W 6 LL �i PROPOSED BUILDING ELEVATION PEARCE Nonconforming Structure Modification Page 7 Cooper C. Pearce, III Map M-5 11.�....� L ... D.....�.... Non -Conforming Use NO ZONING HISTORY TO REPORT ZONING HISTORY PEARCE Nonconforming Structure Modification Page 8 z Li 2 w f- (n 0 -j U (1) �le Z, L 57. Z C Uj Z. L C 57- E. C C. 3 n O C, C- 41 r C 77 Uj Uj tL- -C U5 zu 0 Z 1- 7 DISCLOSURE STATEMENT PEARCE Nonconforming Structure Modification Page 9 CUP — Home Occupation CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: William A. Beigel — Conditional Use Permit — home occupation (firearm sales) MEETING DATE: June 14, 2005 ■ Background: An Ordinance upon Application of William A. Beigel for a Conditional Use Permit for a home occupation (firearm sales) on property located at 2529 Broad Bay Road (GPIN 14997885600000). DISTRICT 5 — LYNNHAVEN ■ Considerations: The applicant requests a Conditional Use Permit for a home occupation. The applicant currently has a business in which he sells weapons to authorized law enforcement agencies. He has had a dealer's license through the Federal Bureau of Alcohol, Tobacco and Firearms for over 10 years. The applicant wants to downsize and move this business to his residential address. The weapons ordered by the law enforcement agency are shipped directly to the agency location — not to the applicant's home. Only a limited number of samples will be kept in a locked safe on the premises for viewing purposes. In addition, the applicant would repair weapons from law enforcement agencies at the site. Staff concludes that the proposal is compatible with the adjacent residential neighborhood and consistent with the criteria found in Section 234 of the City Zoning Ordinance pertaining to Home Occupations. There are no employees, no deliveries and only a small number of customers coming to the house for weapon repair. There was 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: Not more than twenty (20) percent of the floor area of the dwelling unit shall be used in the conduct of the activity associated with the home occupation. William Beigel Page 2 of 2 2. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 3. There shall be no individuals employed by the applicant related to this home occupation. 4. Delivery of firearms to the property shall be secured by the applicant's signature only. 5. Any firearms or firearm parts kept on the property shall be stored in a locked, secure vault or similar container. The applicant shall contact the Police Department/Crime Prevention Office to arrange for a meeting at the property for the purpose of inspecting and approving said vault or similar container. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Use Permit shall result in revocation of the Use Permit. 6. The Conditional Use Permit shall be reviewed by the Zoning Administrator on an annual basis. The Zoning Administrator shall refer the Use Permit to the City Council if the Zoning Administrator finds that any of the conditions attached to the Use Permit or any of the provisions of Section 234 of the City Zoning Ordinance are not being adhered to. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: City Manager: [� Planning Department . h1L DEPARTMENT OF PLANNING (757)427-4621 FAX (757) 426-5667 June 6, 2005 TO: James K. Spore City of Virginia Beach VBgovxom MUNICIPAL CENTER BUILDING 2, ROOM 115 2405 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9040 Department: City Manager FROM: Robert J. Scott Department: Planning RE: Gun Sales and Repair as a Home Occupation As you are aware, City Council requested that our zoning regulations regarding gun sales and repair in the home be studied and that information be obtained on how other localities handle this issue. The Planning Commission has added this item into their work program. Over the next year, they will be recommending updates to the City Zoning Ordinance and will include a recommendation on appropriate changes to our home occupation regulations. At this time, William Beigel has filed a conditional use permit application to conduct firearm sales from his home at 2529 Broad Bay Road. The Planning Commission did not feel that it was appropriate to delay Mr. Beigel's application and forwarded it to City Council with a positive recommendation. The request is scheduled to be heard by City Council on June 14, 2005. Planning staff has compiled the attached report on firearm sales and repair that may be useful to City Council as it deliberates on the William Beigel application. It includes information on our current regulations, regulations in other Virginia localities and on obtaining a license from the Federal Bureau of Alcohol, Tobacco and Firearms. The Planning Commission's work on home occupations will be forwarded to the City Council in approximately six months. Staff concludes that until this work is completed, applications for firearm sales and repair can be heard at City Council's discretion subject to the following interim guidelines, which can be attached as conditions: 1. The applicant must be licensed through the Federal Alcohol, Tobacco and Firearms (ATF) Norfolk office. The contact for the Norfolk ATF office is Mike Adkins at 616-7405. 2. The applicant must obtain a business license in City of Virginia Beach. 3. The Conditional Use Permit must be reviewed by Zoning Administrator on an annual basis. 4. No identification sign. 5. Restrict the business to the principal structure only (exclude accessory structures). 6. An alarm and lock system for any incidental storage related to gun repair or demonstration purposes must be acceptable to CPTED Police Officer. 7. CPTED Police Officer must do an on -site home security inspection of the residence prior to staff report to Planning Commission. 8. There shall be no individuals employed by the applicant related to this home occupation. 9. Delivery of firearms to the property shall be secured by the applicant's signature only. Firearm Sales and Repair as a Home Occupation The Virginia Beach City Zoning Ordinance allows Firearm Sales as an accessory use in the home without a conditional use permit only when the actual sale of a firearm does not occur in the applicant's home. There can be no firearm repair in the home and no weapons can be kept in the residence. This is relatively rare and occurs only when the applicant sells exclusively to a law enforcement agency. In all other cases, Firearm Sales is a Home Occupation requiring a Conditional Use in residential districts. Section 234 of the zoning ordinance Conditional Uses Home Occupations: (a) Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however, this limitation shall not have application to family day-care homes. (b) No traffic, including traffic by commercial delivery vehicles, shall be generated by such activity in greater volumes than would normally be expected in the neighborhood, and any need for paring generated by the conduct of such activity shall be met off the street and other than in the required front yard. (c) No identification sign shall be permitted. However, as an exception, the city council, upon a finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition of the use permit allow up to one (1) sign, nonilluminated, not to exceed one (1) square foot in area, mounted flat against the wall of the residence. (d) No use shall create noise, dust, vibration, smell, smoke, glare electrical interference, fire hazard, or any other hazard or extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. (e) The following uses are specifically excluded: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. Current Use Permits Since 2000, we have granted two (2) Conditional Use Permits for gun sales/repair. No complaints have been received by the Zoning Office regarding either site and both sites appear to be in compliance with all conditions. 1. Michael V. Polak at 3064 Damascus Trail — Granted 01/14/03 for ug n repair with the following conditions: (a) This Conditional Use Permit is for repair work only. No sale of firearms or other products or merchandise is permitted. (b) No more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity associated with the home occupation. (c) No traffic shall be generated by the home occupation in greater volumes than would normally be expected in the neighborhood. (d) No sign identifying the business shall be installed on the exterior of any building on the property or within any yard of the property. (e) The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 2. Jonathan King at 224 Gatewood Avenue - Granted 09/14/04 for gun sales/repair with the following conditions: (a) Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity associated with the home occupation. (b) There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. (c) The Conditional Use Permit shall be reviewed by City Council on an annual basis. Other Localities TIDEWATER REGION Norfolk — Gun sales/repair not allowed as home occupation Chesapeake — guns sales/repair is classified as a Level II home occupation as it involves retail sales on the premises and it requires a conditional use permit from City Council Portsmouth — gun sales/repair is not allowed as a home occupation because no customers are allowed at the residence Hampton — gun sales/repair is not allowed as home occupation Newport News — gun sales is allowed by permit, however, the permit is for office use only (internet sales). The sale or the repair of guns on the premises is not allowed. VIRGINIA COUNTIES York County — gun sales/repair not allowed as home occupation. Stafford County — allowed as home occupation only with internet sales, no stock on hand allowed. Loudon County — gun sales/repair not allowed as home occupation. Home occupation definition states that the only retail sales from homes can be from handcrafted goods. Henrico County — zoning ordinance prohibits home occupations from having stock -in -trade stored on the premises. Therefore, you can't have a federal firearms license for a home occupation because the license requires you to exchange goods on the site (except for sales involving law enforcement agencies). Chesterfield County — gun sales requires a conditional use permit, gun repair does not require a use permit. The Federal Bureau of Alcohol, Tobacco and Firearms (ATF) The ATF requires the following in order to obtain a license to sell or repair firearms: • Must be 21 years or more of age • Certification that the business is in compliance with all State and local laws • Certification that the applicant has sent a form to the chief law enforcement officer where the premises is located notifying the officer that the applicant intends to apply for a license • Certification that secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees. • Submittal of photos and fingerprints for the applicant. Background check is performed. • Submittal of application form and licensing fee. Note — there are a myriad of Federal and State regulations regarding gun sales that any firearms dealer must follow. WILLIAM BEIGEL Agenda Item # 16 April 13, 2005 Public Hearing Staff Planner: Barbara Duke REQUEST: Conditional Use Permit for home occupation (firearm sales and service) ADDRESS / DESCRIPTION: 2529 Broad Bay Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 1499788560 5 - LYNNHAVEN 20.942 square feet The applicant requests a Conditional Use Permit for a home SUMMARY OF REQUEST occupation. The applicant currently has a business in which he sells weapons to authorized law enforcement agencies. He has had a dealer's license through the Federal Bureau of Alcohol, Tobacco and Firearms for over 10 years. The applicant wants to downsize and move this business to his residential address. The weapons ordered by the law enforcement agency are shipped directly to the agency location. Only a limited number of samples will be kept in a locked safe on the premises for demonstration purposes. In addition, the applicant would repair/replace weapons from law enforcement agencies at the site. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single family home SURROUNDING LAND North: . Single-family homes / R-10 Residential District USE AND ZONING: South: . Single-family homes / R-10 Residential District East: . Single-family homes / R-10 Residential District West: . Single-family homes / R-10 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: None. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. The Comprehensive Plan designates this area as "Primary COMPREHENSIVE PLAN Residential Area." The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size and relationship of land uses, residential and non-residential, located in and around neighborhoods should serve as a guide when considering future development. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions. The conditions are provided below and are particular to this type of home occupation to ensure the safety of the applicant and the surrounding neighborhood. The proposal is compatible with the adjacent residential neighborhood and consistent with the criteria found in Section 234 Home Occupation of the zoning ordinance. There are no employees, no deliveries and only a small number of customers coming to the house for weapon repair. CONDITIONS 1. Not more than twenty (20) percent of the floor area of the dwelling unit shall be used in the conduct of the activity associated with the home occupation. 2. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 3. There shall be no individuals employed by the applicant related to this home occupation. 4. There shall be no deliveries of firearms or firearm parts to the property. All dalivwieg At firearms Ar I . (R6A0\*V 7' 1)-FE PL Ar4041 & C04M ISSChi� . 5. Any firearms or firearm parts kept on the property shall be stored in a locked, secure vault or similar container. The applicant shall contact the Police Department/Crime Prevention Office to arrange for a meeting at the property for the purpose of inspecting and approving said vault or similar container. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Use Permit shall result in revocation of the Use Permit. 6. The Conditional Use Permit shall be reviewed by the Zoning Administrator on an annual basis. The Zoning Administrator shall refer the Use Permit to the City Council if the Zoning Administrator finds that any of the conditions attached to the Use Permit or any of the provisions of Section 234 of the City Zoning Ordinance are not being adhered to. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. 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. r4s saw , 7t07t rho Of IPA xa + • + ...' • rdrW ;art• t .•' �'i U.a • 40, Q a w { L R A � "-may ` ♦.. r- e WON, 11 Ail �•n w 77 of CUP — Home Occupation 1. 01/22/02 Subdivision Variance GRANTED ki rimil �, 1 I1 � 1 1 1 :kzL 1 ^+# o ads ni an c a v`r n d � Nv'c9 a 'S vs t a m o ac an d �m 2r� � � ...:.� � •v, y -ya eds � � � is w � r'�,n#tz � {2. IJ Q� pz F NC C4 dtli N.'k} and 1:5 as a F va 2W�y d'ym���� 3idTJ $cOc�1 I� Qm�= of c xs ....E �^ 3 # t � .C..� � •- '� 4 97 dh t3 cQ— C� I# to Ks.0}'mG 2 Qm._!.-'.al�. ©:p �,C3._� i q C.T 's` � �vmim I i € j?c. GO.cCai3.$ �p.`7�i JC'i Cc,H� i- � m ! 1 m 0) pp 6. �` fJ O C 1} 3 t � i ;• m ` =m �„ E. m tC +a G'7i d u Ordr u g "'* is m t .'.p u avL © tromp da £Y a 9m ( a. N .�� x csv� �'yc.aa' m i n� i� y C.,N.�. t� Z) i WT' F ..Cm' �f1tz Item #16 William A. Beigel Conditional Use Permit 2529 Broad Bay Road District 5 Lynnhaven April 13, 2005 REGULAR Dorothy Wood: Our next order of business is our regular agenda items. I think we'll wait a second and let the people who are leaving the meeting. Thank you all for coming down. We appreciate your interest. So the next order of business is our regular agenda items. Normally we go in the order in which they are listed. Today, we're going to do Item #16 first because the gentleman needs to go to work and we certainly try to accommodate people who have a real good reason to leave. So, we're going to go on and do that first. Joe, will call Item #16 Joseph Strange: Item #16, William Beigel. An Ordinance upon Application of William A. Beigel for a Conditional Use Permit for a home occupation (firearm sales) on property located at 2529 Broad Bay Road, District 5, Lynnhaven. William Beigel: Good afternoon. Dorothy Wood: Welcome sir. William Beigel: Thank you ma'am. Good afternoon Chairperson and members of the Board. I've had a gun shop. Dorothy Wood: Would you please give your name sir for the record? William Beigel: My name is William A. Beigel. Dorothy Wood: Mr. Beigel. Thank you. William Beigel: I reside at 2529 Broad Bay Road. I've had a gun shop with rented space in the City of Portsmouth for over 10 years. And, basically I'm getting out of over the counter commercial sales and downsizing. I've applied for this Conditional Use Permit for my residence basically to use it as a business office. I would not be selling weapons of any manner from my residence. The only reason I'm going to use this is for the procurement of contracts and use it as a business office. Basically, contacting Mr. Jim Wood, our City Councilman, and he advised me to secure a petition over a month ago, which I did. I addressed the civic league community of Bay Island and Broad Bay on March 29, 2005. In fact, the main issue was the raising of real estate taxes. It was standing room only civic league. Basically, the main concern was from the garden club and after explaining what I was doing, I had full endorsement of the civic league. Other Item # 16 William A. Beigel Page 2 than that, I've read your conditions. I'm in compliance with all your conditions other than Condition #4. Number #4 states that the deliveries of firearms and parts to the property is not allowed. The explanation on this is that the overall goal of this particular condition was the theft of such items. And, UPS, Federal Express and U.S. Postal Service have put very strict conditions on this. Basically, overnight delivery with adult signature with addressee only, so they will not leave packages at my next -door neighbors. When I addressed the civic league, as a matter of fact, most of the citizens were more interested, they were mostly widowed and living on Bay Island since the 60s, they were more interested in how to use their firearms that they inherited from their husbands. Other than that, I have no other issues with the conditions of the permit by the zoning board. Dorothy Wood: Are there any questions? Mr. Ripley. William Beigel: Yes sir. Ronald Ripley: This is your residence, I assume? William Beigel: That is correct. Ronald Ripley: How long have you lived there? William Beigel: Approximately four years. Ronald Ripley: So you've been selling out of a location? William Beigel: In the City of Portsmouth. Ronald Ripley: In the City of Portsmouth. William Beigel: Yes sir. Ronald Ripley: Have you had any problems over there? William Beigel: No problems. I was just audited last April and basically filed very strict guidelines from ATF and the Virginia State Police. I had no citations and no problems and issues. Ronald Ripley: Okay. We had a similar application come up where a fellow was actually selling his guns. He actually sold guns from his house. He had actually been doing it for a period of about 15 years and no one knew he was doing it until he had to apply for a permit. William Beigel: I will not be doing that. Item # 16 William A. Beigel Page 3 Ronald Ripley: Were you familiar with that? William Beigel: Yes. Ronald Ripley: Can you relate to that? Is there any comparison of how he does business versus how you will do business? William Beigel: The only business that I will do is law enforcement only. I've made enough contacts over the many years that I've been in law enforcement that basically I'm just going to do procurement of contracts through municipality bidding, and basically the weapons will be dropped shipped to the agency location. So, I will not be handling anything from residence other than use of my computer as a procurement instrument for such contracting. Ronald Ripley: Okay. Thank you. Dorothy Wood: Mr. Miller. Robert Miller: Officer, the reason you didn't like Number #4 was because you do receive repair parts? William Beigel: Yes. Exactly. Robert Miller: You do repairs at the house? William Beigel: Yes. Right. Robert Miller: That is the reason why you needed to have that there. William Beigel: Yes. Right. Just basically simple repairs, anything that is needed as far as milling I subcontract out. Robert Miller: Okay. Again, these will not be complete weapons or any parts of weapons that will be delivered to your house that will be signed for by you. William Beigel: That is correct. Robert Miller: Thank you. Dorothy Wood: Ms. Katsias. Kathy Katsias: So if we eliminated the firearms and just put parts there, would that be in agreement. William Beigel: That would be fine. Item # 16 William A. Beigel Page 4 Ronald Ripley: Parts of what? Dorothy Wood: Sir, you will not have any firearms? William Beigel: What? Dorothy Wood: You won't have any firearms there except maybe your own personal? William Beigel: I have personal weapons and samples. Dorothy Wood: Police Department weapons. William Beigel: Right. I keep everything in a safe room in safes and also alarmed. I have faith in the Virginia Beach Police Department and the K-9 Division that any occurrence may happen at my residence that the K-9 dog will get a steak dinner. Dorothy Wood: We have a great deal of confidence in our police department too sir. Thank you sir. I think we do have opposition. Then we will call you back. Thank you. Joseph Strange: Speaking in opposition we have Madelyn Reass. Madelyn Reass: Thank you. Dorothy Wood: Welcome Ms. Reass. Madelyn Reass: Madame Chair and members of the Planning Council. Thank you. I'm Madelyn Reass. I live on Centell Road, which you can see on the map there. I'm the fourth house down on the right. Dorothy Wood: Would you please use the pointer Ms. Reass and show us. There is the pointer right there. Madelyn Reass: Here? Dorothy Wood: Yes ma'am. Pull it out. Robert Miller: Push the button. Madelyn Reass: Oh okay. I am right there. Dorothy Wood: Okay. Thank you. Madelyn Reass: I apologize that I was not able to be at our civic association meeting. I -- did understand from our president that Mr. Beigel presented his proposal. I am opposed to it and I have three main issues. I think that an endeavor of this nature doesn't belong Item #16 William A. Beigel Page 5 in a residential setting. I have concerns about parking and safety issues regarding the nature of his business. He is on the main road and there is not parking available. I don't know how much repair would be involved but if there is a significant amount that could create an issue, and of course there is the safety issue. As far as our civic association's supporting it, I do understand he was able to get signatures that night. I've canvassed my immediate neighbors and nobody knew anything about it. In fact, my next -door neighbor is an assistant principal at a school and has three little children. He thought the orange sign on the tree was because he wanted to tear his house down. I said no, go read the fine print. So anyway, there is some concern. I'm the only who is able to be here today to voice that. Thank you for letting me share my concerns. Dorothy Wood: I think people realize that he will not have guns there. s Madelyn Reass: Yes. Dorothy Wood: And they still have a concern? Madelyn Reass: Yes. Thank you. Dorothy Wood: Are there any questions for Ms. Reass? Thank you. Sir, you would like to rebut? William Beigel: Thank you for her concern for addressing these particular issues from my neighbor. As far as parking is concern it won't be an issue with parking because there would really be nobody coming over my house. There may be an occasional law enforcement agency vehicle that may drop something off but other than that there will be no issues in dealing with parking. As far as any other issue, I'm sorry that she didn't attend the civic league. The main concerns were through the garden club. I've posted my signs according to regulations of the zoning board. And, I don't see any substance or factual issues that can be raised with my neighbor right now at this time. If there is anything other than what I've addressed, please bring it to my attention. Dorothy Wood: Perhaps you can meet and discuss it before City Council? William Beigel: Absolutely. Dorothy Wood: That would be a really nice thing to do officer. William Beigel: Thank you. Are there any questions for the officer? Robert Miller: I'll go back and try to rephrase what I heard. The safety concerns that I would assume would be based on having weapons. Again, we just discussed that in your statement. Would you just repeat your statement again? William Beigel: Basically, the weapons that I would have there will be in a safe. They Item #16 William A. Beigel Page 6 are samples. Of course, my own personal weapons. It seems like that at the civic league most of my neighbors and I guess personal collections of weapons. They're very advid hunters, you know, far exceeds anything that I will have. So, it was consensus at the civic league that it would not be a problem based on what I'm doing, and actually being that mine are more secure than theirs. Robert Miller: I think this other safety issue would have to be traffic. I believe that you did properly address that. William Beigel: There won't be any traffic. That is correct. Dorothy Wood: Are there any other questions for him? Jan. • Janice Anderson: Thanks. Since you are doing repairs right now, you're just going to do that with established police agencies. William Beigel: Police agencies. That's correct. It is something that I sent them. They're just basically replacing a part. They will just probably send me the part that's broken, I'll replace it and send it back to them probably through UPS. Janice Anderson: Okay. Those parts will be delivered to your home? William Beigel: Very infrequent. Janice Anderson: What's the volume on that and how many guns will you repair at one time? William Beigel: Very, very infrequent. The weapons that the police departments are ordering now are very well made. The things that they normally get are firing pins. They're very small in nature that if it is something that is cracked, a slide that is cracked or is something of that nature that basically can be easily remedied just by replacing the part. Basically all that I am doing is warranting from the factory of what basically I'm procuring on my contract with the law enforcement agency. Janice Anderson: Okay. Thank you. Dorothy Wood: Are there any other questions? Thank you sir for coming. Thank you Ms. Reass for coming. William Beigel: Thank you Madame. Dorothy Wood: Is there any discussion? Kathy? Kathy Katsias: Can these parts be delivered to a post office box if we kept Condition #4? Item # 16 William A. Beigel Page 7 William Beigel: Unfortunately, with ATF standards that a physical address and that was brought up in the civic league. ATF rules that no post office boxes can be given for the particular license that I have. So, you need a physical address. Kathy Katsias: Thank you. Dorothy Wood: Is there anything else? Thank you sir. William Beigel: Thank you. Dorothy Wood: Is there any discussion? Mr. Miller. Robert Miller: I would just speak to the issue. I think the one that we had before where the individual was doing considerably more active firearms. I do believe that people have firearms in the community as the officer said. There are many people sitting up here that probably have firearms. I think they are dangerous but with the experience of this gentleman I believe they will appropriately be taken care of. The parking and the traffic, I don't feel like is an issue based on the volume we heard so I would like to make a motion for approval of the item. Dorothy Wood: Thank you. A motion my Mr. Miller and a second by Mr. Knight. Is there any other discussion? I would like to say that although I'm not a firearm advocate as you all know. I think that the officer is not going to have any more firearms at his residence than he has now. And therefore, I will be supporting the motion. Robert Miller: Ms. Wood. Dorothy Wood: Yes ma'am? Janice Anderson: Condition #4? Is that with Condition #4 or deletion? Robert Miller: With the deletion of Condition #4. Janice Anderson: Okay. Dorothy Wood: Mr. Knight. Barry Knight: Clarity on Condition #4. Is it just for firearms? Janice Anderson: It has to be all deleted I believe to make it work. Barry Knight: I believe he still wants to get parts. Robert Miller: I'm deleting the condition completely so he will be able to get parts and not, I think it says, "can not receive parts." Item # 16 William A. Beigel Page 8 Barry Knight: That is what I was wondering. It says on Condition #4, "there shall be no deliveries of firearms or firearm parts to property." He still wants to get parts delivered to his property. Dorothy Wood: Could we put no firearms? Stephen White: Can we amend the condition that it just says "there shall be no delivery of firearms to the property?" Janice Anderson: Why don't you just delete four all together like the motion says and that will take care of it, I think. Stephen White: One moment please. Dorothy Wood: Ms. Lasley, do you want to comment? Karen Lasley: I thought we had substitute conditions written out but I must have dreamt it. The concern with Council on the last application was that deliveries were being made to a neighbor next door. So the way Mr. Beigel explained how it is going to made. Can we have a condition where he has to sign off on the deliveries? - Dorothy Wood: Mr. Beigel, you need to come back up and get it on the record. If you don't mind sir? William Beigel: Okay. Dorothy Wood: Sorry, we have to get your name again. William Beigel: William Beigel, 2529 Broad Bay Road. Dorothy Wood: We'll pronounce it right eventually. William Beigel: UPS and the United States Postal, Federal Express deliveries have strict regulations. The strict regulations are that one, it is overnight delivery; two, it is signature by addressee only. Karen Lasley: That would be great. William Beigel: Thank you. Robert Miller: Is that what you want to add in there Karen? Karen Lasley: Yes. That would take care of some concerns that came up last time such an application came through where neighbors were signing for the weapon, and they didn't have a safe place to keep them. Item # 16 William A. Beigel Page 9 Robert Miller: So, I'll amend my motion to eliminate Condition #4 and replace it with signature by addressee only required. Dorothy Wood: Is that alright with you Mr. Knight? Barry Knight: The second is fine. Stephen White: We'll make sure that it is worded correctly. Bill Macali: Madame Chair, why don't we just say signature by the applicant only? Stephen White: Yes. Thank you. Dorothy Wood: Thank you Mr. Macali. We're glad you're here to keep us straight. Bill Macali: I'm worth something. Dorothy Wood: You certainly are sir. And, I really do feel bad when people do have a concern. In regard to home occupations, personally I think this is one of the easiest ones that would be preferable to some of the other home occupations that we have come in front of us. Is there any other discussion? AYE 11 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved the application of William Beigel. Dorothy Wood: Everybody has a chance to talk with each other before City Council meeting and I would appreciate it if you all would talk before City Council, and perhaps you can have Mrs. Reass concem's. Thank you. Thank you all for coming. Apr-12-2005 09:56am From- + T-822 P.001/001 F-950 UM, POOLE &MAHONLY, Pc. ATTORNEYS & COUNSELLORS Glen A. Huff, Esq. Direct Dia1:757/552-6021 Email: ghuff hpmlaw.com April 11, 2005 City of Virginia Beach Department of Planning 2405 Courthouse Drive, Room 115 Virginia Beach, VA 23456 Reply to: Virginia Beach Attention: Ms. Barbara Duke RE: Zoning request of William Beigel; hearing date April 13, 2005 2529 Broad Bay Road, Virginia Beach, VA Dear Ms. Duke: Please accept this as a letter of opposition to the zoning request of William Beigel to be granted a conditional use permit to conduct a firearms sales and service business from his home on Broad Bay Island. Although I am personally a strong advocate that a person should be permitted to do whatever one chooses on one's own property, this one, I believe, exceeds the bounds of public interest. The neighborhood is strictly a residential area. During recent years, great controversy was stirred on the island about whether a public park would be in the residents' best interests because some feared that a bad element may be attracted, et cetera- The sale of firearms in a residential community appears to have the same downside, plus the added element of danger. I recognize that Mr. Beigel, according to the summary of his ;application, currently sells to authorized law enforcement agencies, but there appears to be no such restriction on the variance request. Respectfully, please register my objection to the granting of the zoning variance requested by Mr. Beigel. Glen A. Huff r GAH/lew Ci�b'TERFM VIRGIlVTA. BEACH 4705 Columbus Street, Virginia Beach, VA Y3462-6749 9850 Lari Road, suite 101, Chester[ie[d, VA 23632-G623 (757) 499-wi - rAx (757) 552-6oi6 www.hpm aw.com (804) 778 7z65 • FAx (8o4) 778-7943 City of Virginia Beach Planning Department Mrs. Barbara Dukes March 30, 2005 APR 0 1 2005 Mrs. Dukes I attended my Bay Island Civic League on March 29, Conditional Use Permit for my FFL to all members attending. The meeting was very crowded and the main topic was the increase of property taxes. Mr. Jim Woods was not in attendance but our Congressman who lives on Bay Island was there. Many neighbors asked me.questions and I explained them in the format as submitted to the city in my application. I had no objections and full endorsement by my Civic League. They also asked me to be the president of the Civic League but by prior comments I am unable to fill the post at this time. I tried to get as many signatures at the end of the meeting but did not get all that attended. I focused on neighbors directly around my residence. Please let me know the time the hearing is to commence. I look foreword to addressing the planning board. William a Beigel 2529 Broad Bay Rd. Virginia Beach, VA 23451 Petition for Conditional Use Permit This petition is for the community of Bay Island, and neighbors of William A Beigel who resides at 2529 Broad Bay Rd., who do not object to the approval of a Conditional Use Permit at the above listed address for a business office. The residence will not be open to the general public, and any inventory ordered will be dropped shipped to the location of the buyer. Map KRainbow Station Map Not too Scale ca CUP - Child Care Center Nw e, �Y�•N�rJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Rainbow Station, Inc. — Conditional Use Permit (child care education center) MEETING DATE: June 14, 2005 ■ Background: An Ordinance upon Application of Rainbow Station, Inc. for a Conditional Use Permit for a child care education center on property located on the south side of Sandbridge Road, 725 feet east of Princess Anne Road (GPINs 24142138390000; 24143142490000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant requests a Conditional Use Permit to allow development of the site for a preschool and an after -school facility to provide early childhood education and care for children with special needs as well as after -school programs. The hours of operation will be from 6:30 AM to 6:30 PM, Monday through Friday. There will be up to 75 full and part-time employees. The preschool will care for up to 158 children, while the after -school facility will house up to 175 children. The combined facilities will provide for the needs of children from preschool to fourteen years of age. There is also an infirmary setting for mildly ill children monitored by an onsite registered nurse. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is also compatible with the surrounding residential neighborhoods as well as the business areas. The proposed exterior building materials reflect the materials used within those neighborhoods, further enhancing the compatibility. The Planning Commission placed this item on the consent agenda because there is a need for this type of facility in the area, the proposal is consistent with the Comprehensive Plan, and there was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 with 1 abstention to approve this request with the following conditions: Rainbow Station Page 2 of 2 The proposed child care education center shall be developed as shown on the submitted plan entitled "Conceptual Site Layout & Landscape Plan of Rainbow Station" prepared by MSA, PC, with a revision date of 04/12/05. In the event of Sandbridge Road widening and the placement of a traffic signal on Sandbridge Road near St. John the Apostle Catholic Church, the City is amenable to a revised entrance and access road as shown on the attached plans, subject to a. Exact access location on Sandbridge Road to be determined by the Public Works Department. b. Area between the access road and Sandbridge Road to be established as a non -building site, to be used only for Transition Area buffer and landscaped in accordance with Planning Department specifications. 2. When the property is developed, the two facilities depicted on the Concept Plan shall have the architectural design and building materials substantially as depicted on the exhibit "Building Elevations". 3. When the property is developed, the proposed entrance sign (prototype monument sign) and fencing designated on the conceptual plan shall be constructed substantially in accordance with the submitted plan entitled "Conceptual Site Layout & Landscape Plan of Rainbow Station" prepared by MSA, PC, with a revision date of 04/12/05. ■ 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.1 tevt RAINBOW STATION Agenda Item # 7 May 11, 2005 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for child care education center. 'i ii �{ ate• d � � %] .. . � VE l' CUP — (Jj9d Gare Genter ADDRESS / DESCRIPTION: Property located on the south side of Sandbridge Road 725 feet east of Princess Anne Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: Portion of 24142138390000 7 — PRINCESS ANNE 3.48 acres Portion of 24143142490000 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for a preschool and an after -school facility to provide early childhood education and care for children with special needs as well as after -school programs. The hours of operation will be from 6:30 AM to 6:30 PM, Monday through Friday. There will be up to 75 full and part-time employees. The preschool will care for up to 158 children, while the after -school facility will house up to 175 children. Combined the facilities will provide for the needs of children from preschool to fourteen years of age. There is also an infirmary setting for mildly ill children monitored by an onsite registered nurse. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped agricultural land East: . Agricultural farmland / AG-2 Agricultural District West: . Retail shops / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The site is located on cultivated farm fields. AICUZ: The site is in an AICUZ of 65 — 70 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Sandbridge Road in the vicinity of this application is a two lane minor arterial road. Sandbridge Road is not shown on the Master Transportation Plan (MTP); however, the Capital Improvement Program (CIP) includes projects related to Sandbridge Road. Because of the significant amount of traffic this site generates, a left turn lane is required. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Sandbridge Road 10,297 ADT 13,600 ADT (Level of Existing Land Use — 50 Service "C") ADT 15,000 ADT' (Level of Proposed Land Use 3— Service "E") 1,142 Average Daily Trips z as defined by agricultural zoning a as defined by proposed childcare use WATER: There are no City water mains in the vicinity of this site. City water is not available. Health department approval is required for private wells. SEWER: There are no City sanitary sewer mains in the vicinity of this site. City sewer is not available. Health Department approval is required for septic systems. Private grinder pumps and force main may be an option. FIRE: More than five (5) children under the age of 21/2 will require a Building Code classification to Group I (Institutional). COMPREHENSIVE PLAN The Comprehensive Plan designates this area as being within the Transition Area / Princess Anne. The land use planning policies and principles focus strongly on promoting this area as a well -planned, low density, fiscally sound and desirable destination for people to live, work and play. neighborhood needs and incorporate special aesthetics and pedestrian friendly design techniques. Design for compatibility with surrounding area. The development should be of exceptional quality and serve to showcase the area. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the surrounding residential neighborhoods as well as the business areas. The proposed exterior building materials reflect the materials used within those neighborhoods, further enhancing the compatibility. CONDITIONS 1. The proposed child care education center shall be developed as shown on the submitted plan entitled "Conceptual Site Layout & Landscape Plan of Rainbow Station" prepared by MSA, PC, with a revision date of 04/12/05. In the event of Sandbridge Road widening and the placement of a traffic signal on Sandbridge Road near St. John the Apostle Catholic Church, the City is amenable to a revised entrance and access road as shown on the attached plans, subject to a. Exact access location on Sandbridge Road to be determined by the Public Works Department. b. Area between the access road and Sandbridge Road to be established as a non -building site, to be used only for Transition Area buffer and landscaped in accordance with Planning Department specifications. 2. When the property is developed, the two facilities depicted on the Concept Plan shall have the architectural design and building materials substantially as depicted on the exhibit "Building Elevations". 3. When the property is developed, the proposed entrance sign (prototype monument sign) and fencing designated on the conceptual plan shall be constructed substantially in accordance with the submitted plan entitled "Conceptual Site Layout & Landscape Plan of Rainbow Station" prepared by MSA, PC, with a revision date of 04/12/05. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. 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. z an 0 m u LU ol SL ji Y 1 s , L '3OEM �v02 }U H I Q a H co 0 W N 0 CL a U c CUP - Child Care Center 1 Conditional Use Permit for borrow pit (reconsideration) Conditional Use Permit for borrow pit 2 Conditional Use Permit for convenience store 3 Change of Zoning from B-2 to Conditional A-12 4 Change of Zoning from AG-2 to Conditional B-2 5 Conditional Use Permit for church 6 Conditional Use Permit for church 7 Downzone to AG-1/AG-2 8 Downzone to AG-1/AG-2 04/23/02 Denied 03/26/02 Withdrawn 12/11/01 Granted 12/11 /01 Granted 05/25/99 Granted 08/28/93 Granted 03/26/90 Granted 08/27/86 Granted 08/27/86 Denied N o m . a > 3°32 tE� � �75 Ltd u W�tt6 12' p O On Y=-sit � J ' gw®'"° ; w 4i 32 �& sit Alk fill, 9 r, WIN UN111 a40 uo spa zo Z PE H W cc 0 v Cl) r-m Item #7 Rainbow Station, Inc. Conditional Use Permit South side of Sandbridge Road District 7 Princess Anne May 11, 2005 CONSENT William Din: The next item that I have is Item #7. This is Rainbow Station, Inc. This is an application for a Conditional Use Permit for a child-care education center on property located on the south side of Sandbridge Road, 725 feet east of Princess Anne Road in the Princess Anne District. Welcome sir. Bill Harrison: Thank you. My name is Bill Harrison. I represent the applicant. We accept the conditions. William Din: Thank you sir. There are three conditions associated with this application. Is there any objection to placing this item on consent agenda? If not, Mr. Don Horsley will explain. Donald Horsley: Okay. This application is for a child-care and educational center. It's been stated on Sandbridge Road. This is a rapidly growing area and I see there is probably a great need for this facility. The development will be inside of a preschool and an after school facility and provide an early education and care for children with special needs as well as an after school program. The hours will be from 6:30 am to 6:30 pm, Monday through Friday. It will have approximately 75 full and part time employees. It will have up to 158 children in the preschool and up to 175 for the after school program. We haven't had any opposition to this facility being put there, and the applicant has agreed to the three conditions that were provided by staff. We thought it should be put on the consent agenda. William Din: Thank you Don. I would like to make the following motion to approve the following consent agenda item, Item #7 Rainbow Station, Inc. This is a Conditional Use Permit for a child-care education center on property located on the south side of Sandbridge in the Princess Anne District with three conditions. Dorothy Wood: Mr. Miller. Robert Miller: I need to abstain from Item #7. My firm is working on the project. Dorothy Wood: Thank you sir. A motion by Mr. Din and seconded by Mr. Knight. AYE 9 NAY 0 ABS 1 ABSENT 1 Item #7 Rainbow Station, Inc. Page 2 ANDERSON CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS ABSENT William Din: By a vote of 9-0, with the abstention so noted, we have approved the consent agenda item. CUP — Church C i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: True Victory Outreach Ministries — Conditional Use Permit (church) MEETING DATE: June 14, 2005 ■ Background: An Ordinance upon Application of True Victory Outreach Ministries for a Conditional Use Permit for a church on property located at 1270 Diamond Springs Road (GPIN 14692011400000). DISTRICT 4 — BAYSIDE ■ Considerations: The applicant requests a Conditional Use Permit to allow a church to be located within a shopping center. The church is currently occupying Suite 117 in the shopping center. When the church requested a permanent sign for the front of their unit, it was found that a Conditional Use Permit had never been granted for a church at this location. The church, therefore, was informed that a Conditional Use Permit is required to remain in the shopping center. The church has 35 members and meets weekly on Wednesday nights and Sundays. Staff concludes that the proposal is in conformance with the Comprehensive Plan's recommendations for this area. The Planning Commission placed this item on the consent agenda because the use is compatible with the surrounding uses, Staff recommended approval, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following condition: The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department for the assembly use. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes True Victory Outreach Ministries Page 2 of 2 Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department V� City Manager: TRUE VICTORY OUTREACH MINISTRIES Agenda Item # 3 May 11, 2005 Public Hearing Staff Planner: Barbara Duke REQUEST: Conditional Use Permit for a church 1 Al �`- PON IT sip / r ... .. Imo- ��-•. i{1I�1f11� y \ ADDRESS / DESCRIPTION: Property located at 1270 Diamond Springs Road, Suite 117 GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 1469201140 4 - BAYSIDE 800 square feet The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST church to be located within a shopping center. The church is currently occupying Suite 117 in the shopping center. When the church requested a permanent sign for the front of their unit, it was found that a Conditional Use Permit had never been granted for a church at this location. The church, therefore, was informed that a Conditional Use Permit is required to remain in the shopping center. The church has 35 members and meets weekly on Wednesday nights and Sundays. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Shopping Center SURROUNDING LAND North: • Shell Road USE AND ZONING: South: . Open Space / PD-1-12 (R-5D) Planned Development District East: • Open Space / PD-1-12 (R-5D) Planned Development District West: • Distribution Warehouse / 1-1 Industrial District NATURAL RESOURCE AND There are no significant natural resources or cultural features on this CULTURAL FEATURES: site. TRUE VICTORY AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. The Comprehensive Plan designates this area as being part of COMPREHENSIVE PLAN the "Primary Residential Area." The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size and relationship of land use, both residential and non-residential, located in and around neighborhoods should serve as a guide when considering future development. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the condition recommended by staff with the use permit. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The recommended condition is provided below. CONDITIONS 1. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department for the assembly use. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. 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. O F— CD Z Z O N CUP — Church 1. 03/12/85 Rezoning from R-5 to B-2 APPROVED 12/16/97 Conditional Use Permit (gas/conv store) DENIED 2. 08/27/91 Conditional Use Permit (rec. facility) DENIED 3. 02/27/89 Rezoning from R-5D to B-2 APPROVED 4. 12/08/98 Conditional Use Permit (auto repair) APPROVED TRUE VICTORY pis" w�.. �� .����x�•�+� ago 109I � *�� aft - ya caaav {-zt � INS E �- - sgaz o C 0 1 1 1 ,j nc j� ��'a� ®off 8,, 1—MIT US , a IN fig Slims vt S I 4 WE out �c ± 5-42 ej Q. t CffiCty "�fi� � � iS vt .v. J i TRUE VICTORY OUT Item #3 True Victory Outreach Ministries Conditional Use Permit 1270 Diamond Springs Road District 4 Bayside May 11, 2005 CONSENT Dorothy Wood: Our next order of business will be the consent items. The Vice Chair will handle this portion of the agenda. William Din: Thank you Ms. Wood. Today's consent agenda process we have six items for inclusion on the consent agenda. As I call each of the items would the representative or the applicant please come to the podium and state your name, relationship to the applicant, and state if there are conditions on the application that you have read them, and that you agree with them. So the first application that I have on our consent agenda is Item #3 True Victory Outreach Ministries. This is a Conditional Use Permit for a church on property located at 1270 Diamond Springs Road in the Bayside District. This is a proffered application. Welcome sir. Earnest Coleman: Good afternoon to the Planning Council. My name is Earnest Coleman. I'm the Pastor of True Victory Outreach Ministries. We have been there for several years, and I guess ignorance is not an excuse. I didn't even know that I needed the Use Permit, but I am here before you today to get the Use Permit. William Din: Thank you very much sir for coming. Is there any objection to placing this item on consent agenda? If not, Mr. Ron Ripley will explain why we have placed this on consent. Ronald Ripley: This is a fairly routine approval. It's a Conditional Use Permit for a church, and as you heard the Reverend say he's occupied the building for a number of years. He didn't realize that he needed a Conditional Use Permit. It was discovered when he applied for a sign that he had not obtained a Use Permit so he's coming before the Planning Commission, and staff recommends that the permit be granted. He's a very small church. It's 800 square feet along a strip shopping center. It's located on Diamond Springs Road at the intersection of Shell Road. So, the Planning Commission felt that it ought to be on consent. William Din: Thank you Ron. Madame Chair, I would like to make the following motion to approve the following consent agenda item, Item #3 True Victory Outreach Ministries. This is a Conditional Use Permit for a church on property at Diamond Springs Road in the Bayside District. It has one condition. Dorothy Wood: A motion by Mr. Din and seconded by Mr. Knight. Item #3 True Victory Outreach Ministries Page 2 AYE 10 ANDERSON CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE NAY 0 ABS 0 ABSENT 1 ABSENT William Din: By a vote of 10-0, we have approved the consent agenda item. - M CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Jeffrey A. Kroll — Conditional Use Permit (alternative residential development) MEETING DATE: June 14, 2005 ■ Background: An Ordinance upon Application of Jeffrey A. Kroll for a Conditional Use Permit for alternative residential development on property located at the southeast intersection of Stowe Road and North Stowe Road (GPIN 24004682700000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant requests a Conditional Use Permit for an Alternative Residential Development, allowing development of the site for a total of three (3) single- family dwellings on almost 35 acres. For the purpose of calculating density, the City Zoning Ordinance requires a minimum of 15 acres for each single-family parcel. Thus, this approximately 35-acre parcel could be developed 'by -right' with two single-family dwellings with a lot size of one acre or higher. The applicant, however, is pursuing a Conditional Use Permit under the "Alternative Residential Development" option that permits residential development at a greater density than permitted by -right, subject to the proposal meeting all of the provisions specified in the Comprehensive Plan for such developments. The submitted plan shows two lots of five acres each and a third lot of 24.945 acres. The submitted plan conforms to the majority of the provisions of the Comprehensive Plan. One area of possible deficiency is that the applicant has not indicated an area on the submitted plan to be set aside in perpetuity consistent the Plan's recommendations for this type of development. However, it is Staffs belief that the intent of the Plan in this regard is to set aside an area within a larger rural residential development that provides continued, long-term open space and agricultural opportunities while clustering the dwelling units on another portion of the site. It may not be feasible to provide such an area on all parcels, particularly those of the size of the subject parcel. The Planning Commission placed this item on the consent agenda because it is compatible with the surrounding area, the plan meets the intent of the Comprehensive Plan's recommendations, and there was no opposition to the proposal. Jeffrey A. Kroll Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: The final plat shall depict the three (3) proposed parcels as depicted on the plan entitled "Exhibit Showing Proposed Subdivision on Lot 1 and Lot 2, `Etheridge Estate,' prepared by Hassell & Folkes, dated November 22, 2004, including, but not limited to, the ingress/egress easement. 2. As required by the Rural Development Guidelines set forth in the City of Virginia Beach Comprehensive Plan, a minimum, a 50 foot wide, vegetative buffer shall be installed between any dwelling unit to be built on the 24.945 acre parcel and any portions of that parcel or any adjoining parcel to be actively used for agricultural purposes. The first 25 feet of said buffer, closest to the adjacent agricultural field shall be planted with a mixture of grasses and low growing indigenous shrubs. The second 25 feet of said buffer shall be planted with a double row of trees with a minimum caliper of 1 '/2 inches and should be centered no more than 30 feet on center. These trees shall be indigenous and consist of a mixture of 25 percent deciduous and 75 percent evergreen. A Landscape Plan shall be submitted with the final plat to the Development Services Center for review and approval prior to the recordation of the final plat. ■ 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 Manag `L toh- JEFFREY A. KROLL Agenda Item # 15 May 11, 2005 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Conditional Use Permit for Alternative Residential Development in the Agricultural Zoning District. ADDRESS / DESCRIPTION: Property located at the southeast intersection of Stowe Road and North Stowe Road, approximately 1,200 feet west of Princess Anne Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24004682700000 7 — PRINCESS ANNE 34.945 acres APPLICATION HISTORY: This request was deferred at the request of the applicant at the April 13 Planning Commission hearing. The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site for a total of three (3) single-family dwellings on almost 35 acres. For the purpose of calculating density, the City Zoning Ordinance requires a minimum of 15 acres for each single-family parcel. Thus, this approximately 35-acre parcel could be developed with two single-family dwellings with a lot size of one acre or higher. The applicant, however, is pursuing a Conditional Use Permit under the "Alternative Residential Development" option that permits residential development at a greater density than permitted by -right, subject to the proposal meeting all of the provisions specified in the Comprehensive Plan for such developments. The submitted plan shows two (2) lots of five (5) acres each and a third lot of 24.945 acres. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Cultivated agricultural field. SURROUNDING LAND North: . North Stowe Road, single-family dwelling, agricultural fields / USE AND ZONING: AG-2 Agricultural District South: . Single-family dwelling, agricultural fields / AG-1 & AG-2 Agricultural District East: West: Stowe Road, single-family dwelling, agricultural fields / AG-1 & AG-2 Agricultural District NATURAL RESOURCE AND The site is a cultivated farm field. The property is located within the CULTURAL FEATURES: Southern Watersheds Management Area. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road in the vicinity of this request is a two (2) lane rural highway that serves Stowe Road. There is no traffic count data for Stowe Road. Additional comments concerning right-of-way reservation/dedication will occur during final site plan review. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 5,900 ADT 7,400 ADT (Level of Existing Land Use 2 —10 Road Service "C")—12,000 ADT ' (Level of Service "D") ADT Proposed Land Use 3- 30 ADT Average vauy flips gas defined by agricultural uses 3as defined by 3 single-family dwellings WATER & SEWER: There are no City water or sewer services to this site. Approval from the Health Department will be required for individual septic systems. The Comprehensive Plan recognizes this site to be within the COMPREHENSIVE PLAN "Rural Area." The area is characterized as low, flat land with wide floodplains and altered drainage. Typically, this area is agricultural/rural with uses related to farming, forestry, rural residential, and other rurally compatible uses. The Plan states that "...providing a legacy for a future generation of farmers, to providing habitat for wildlife, keeping taxes low, and maintaining the rural community, the vision for our rural landscape is important." (Pg. 161) The Plan calls for rural residential design to complement the rural setting, in terms of both parcel size and architectural style. Rural residential design should, "maximize the opportunity for agricultural, equestrian ad similar compatible rural activities as part of the residential development. Avoid fragmenting or dividing remaining farmland and open space into small lots," (Pg.168). To assist in implementing the rural area planning objectives, the Comprehensive Plan provides Rural Residential Guidelines that are used to evaluate requests for increased residential density on properties zoned for agricultural use in the rural area of the City. These guidelines are listed below. 1. Subdivide residential lots on soils that possess the best drainage and water table characteristics using the minimum acceptable lot area necessary to achieve development objectives. 2. Illustrate the ultimate plan of development as well as anticipated development phases, if any. 3. Maximize the area of and avoid fragmenting remaining farmland and open space. 4. Locate protective buffers between proposed residential structures and abutting agricultural operations. These buffers should be at least 50 feet in width. The first 25 feet of such area adjacent to an on -going agricultural operation should be heavily planted with a mixture of grasses and low growing indigenous shrubs; and the second twenty-five feet of such area adjacent to the structure should be planted with a double row of trees with a minimum caliper of 11/2 inches and should be centered no more than thirty feet apart. Such trees should consist of a mixture of deciduous and evergreen. 5. Whenever possible, plan developments on non -farmland. In those cases where development is proposed within existing tree cover, design the placement of buildings and driveways so as to save and protect as many trees and other significant environmental features as possible. 6. Minimize all access points along rural arterial roadways. 7. Provide flag lots, where warranted to advance the purpose of this plan, taking into consideration the size of the lots within the subdivision, existing or future tree cover and other pertinent characteristics relating to the need for rural residential privacy and open space. Design appropriate widths for driveways serving flag lots. (e.g. fire truck access) 8. Provide longer distances for rural cul-de-sac streets than is otherwise permitted throughout the City. Locate roadway drainage ditches a sufficient distance from the edge of pavement to enable emergency vehicles to pass around road obstructions. 9. Provide greater streetlight separation distances than is otherwise permitted throughout the City. 10. Protect land for open space purposes through the use of a variety of legal instruments, such as deed restrictions, appropriate zoning classifications, protective easements or transfer to a stewardship agency (e.g. foundations or conservation groups), or through some other appropriate means. 11. Limit the annual rate of development so as to minimize burdens placed upon rural public infrastructure. EVALUATION AND RECOMMENDATION Staff recommends approval of this request, subject to the conditions recommended below. By right, the applicant could construct two (2) dwelling units on the 34.9 acre site. Section 405 of the Zoning Ordinance offers an alternative to the by -right development, provided that City Council awards a Conditional Use Permit. The alternative permits more dwellings if the development is consistent with all of the Comprehensive Plan's Rural Residential Guidelines as listed in the previous section. The maximum number of dwelling units permitted under the Use Permit alternative is based on the quality of the soils. Soils classified as Type 1 yield a density of one (1) dwelling per five (5) acres, and soils classified as Type 2 yield a density of one (1) dwelling per ten (10) acres. The soils on the subject property yield a maximum of three (3) dwellings under the Section 405 alternative. The submitted plan conforms to the majority of the provisions of the Comprehensive Plan. One area of possible deficiency is that the applicant has not indicated an area on the submitted plan to be set aside in perpetuity consistent with Item 10 above. However, it is Staff's belief that the intent of Item 10 isjo set JEFFREY KROLL Agenda Item.# 15 Page 3 aside an area within a larger rural residential development that provides continued, long-term open space and agricultural opportunities while clustering the dwelling units on another portion of the site. It may not be feasible to provide such an area on all parcels, particularly those of the size of the subject parcel. In sum, Staff concludes that the applicant has met the intent of the Comprehensive Plan and recommends approval of this request subject to the following conditions. CONDITIONS 1. The final plat shall depict the three (3) proposed parcels as depicted on the plan entitled "Exhibit Showing Proposed Subdivision on Lot 1 and Lot 2, `Etheridge Estate,' prepared by Hassell & Folkes, dated November 22, 2004, including, but not limited to, the ingress/egress easement. 2. As required by the Rural Development Guidelines set forth in the City of Virginia Beach Comprehensive Plan, a minimum, a 50 foot wide, vegetative buffer shall be installed between any dwelling unit to be built on the 24.945 acre parcel and any portions of that parcel or any adjoining parcel to be actively used for agricultural purposes. The first 25 feet of said buffer, closest to the adjacent agricultural field shall be planted with a mixture of grasses and low growing indigenous shrubs. The second 25 feet of said buffer shall be planted with a double row of trees with a minimum caliper of 1 1/2 inches and should be centered no more than 30 feet on center. These trees shall be indigenous and consist of a mixture of 25 percent deciduous and 75 percent evergreen. A Landscape Plan shall be submitted with the final plat to the Development Services Center for review and approval prior to the recordation of the final plat. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. 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. ig,t.- cess-Anne_Rd. ,'� W � fizv ( L4 ��� Y r Ilk h flu"! Z a J a W H W N O O a �p of to Scale AG -I AG-2 AG -I RRPARPARPARPARP PARPARPARPARP RPARPARPARPARP PARPARPARPARP AG-2 �-96 AG -I AG-2 �4 RD. AG -I AG -I f#] Conditional Zoning - Recorded Proffers CUP for Alternative 1 12/09/03 Subdivision Variance 12/09/03 CUP Alternative Residential Development 2 11/28/95 CUP private lodge 11/28/95 Change of Zoning AG-2 to 0-2 11/28/95 Change of Zoning AG-1 to 0-2 08/28/89 CUP nursery Granted Granted Granted Granted Granted a R CL 0 0 m > Z c 0rrx mCL - , = '.- 3� MA V) -08. -8 a 3 60 '. t CO IZ Cc C to o 0 Cc: C'v a_-Z , E -1— = c -E e �e 0 y Oz 10 8 v 112 > .0 us A D Y -0 "t 15 m E S ou arc 0:0=�E w 0 9 : 9 0 E I z Ca E 2 -0 9 90 0 C, Pq cy 11 ts Up E 0 4 zi 'A ro 0:5 -a.9L 0 2 zv 0 4u 1%. m aS" Lo =c,, it 0 r Zia " c CC, ID CL CL p. tv, m C. 09 a— cL -SR o P V 0 a us Eis kV CL uj 104 AO om .j 15:2 ts a,z a a O. Z.L; m ME li tl o 0 C�; c 9 -t Iz il E m - az 0 - -x: i 0 > 0 roam �2 OU -1 Irls 8 fi 0 78 IL a e 7;5 Co 2, fj a -a to to Z C4 Item #15 Jeffrey A. Kroll Conditional Use Permit Southeast intersection of Stowe Road and N. Stowe Road District 7 Princess Anne May 11, 2005 CONSENT William Din: The last item is Item #15 Jeffrey A. Kroll. This is a request for a Conditional Use Permit for alternative residential development on property located at the southeast intersection of Stowe Road and N. Stowe Road in the Princess Anne District. There are two conditions associated with this item. Mike Culpepper: Thank you members of the Planning Commission. My name is Mike Culpepper. I'm here on behalf of the applicant Jeffrey A. Kroll. We certainly agree to those conditions. William Din: Thank you Mr. Culpepper. Is there any objection to placing this item on consent? If not, Mr. Knight, would you please speak on this. Barry Knight: Yes. This is in the Princess Anne District. It's a Conditional Use Permit for alternative residential development in the agricultural zoning district. There are 35 acres on this parcel of land that's cultivated farmland. They have submitted for 2 five - acre lots, and one 25-acre lot. It is in keeping with the Comprehensive Plan. I know the applicant and I know their family. I know his wife's family has been out here for many, many generations. They certainly know how to live and mix with the rural community down here. This particular applicant proposes to put a large horse farm in across the road so I know what he is proposing to look at across the street. He wants it done in a nice fashion. It meets with the Comprehensive Plan. It fits in down there. So therefore, we put it on the consent agenda. William Din: Thank you. I would like to make the following motion to approve the following consent agenda item, Item #15 Jeffrey A. Kroll. This is a Conditional Use Permit on property located in the Princess Anne District with two conditions. Dorothy Wood: A motion by Mr. Din and seconded by Mr. Knight. AYE 10 NAY 0 ANDERSON CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE ABS 0 ABSENT 1 ABSENT Item #15 Jeffrey A. Kroll Page 2 KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE William Din: By a vote of 10-0, we have approved the consent agenda item. Dorothy Wood: Thank you. Map D-S Accn.-;ntoc T-T_) � J/ ZA FIR Vz 5i RiN WE-., PrA Repep 40 ORS .� goglvp Y" Conditional Zoning Change - Al2IR-10 to A I8 r ``y�Na eeac c> :may r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: St. Croix Associates, L.P. — Change of Zoning District Classification MEETING DATE: June 14, 2005 ■ Background: An Ordinance upon Application of St. Croix Associates, L.P. for a Chancre of Zoning District Classification from R-10 Residential District and A-12 Apartment District to Conditional A-18 Apartment District on property located on the north side of Newtown Road, approximately 450 feet east of Diamond Springs Road (GPINs 14685325810000; 14685343630000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of the zoning change is to expand the existing complex with one building containing 12 units. DISTRICT 4 — BAYSIDE ■ Considerations: The applicant proposes to rezone the existing R-10 Residential property and the A-12 Apartment property to Conditional A-18 Apartment District. The applicant has sought and finally obtained a rectangular piece of property, zoned R-10 Residential District, which is located at the western side and the middle of the existing multiple -family site. The applicant seeks the Conditional A-18 Apartment District due to a slight increase in density, from11.96 units to the acre to proposed 12.44 units to the acre, and for increased lot coverage, from 40% coverage to 50% coverage. The applicant proposes to construct one additional apartment building (containing 12 units), to remove the existing tennis courts, and to construct three buildings containing 10 garages each for the tenants' use. The proposed structures will be consistent with the design of the existing structures on the site. The applicant provided a building elevation for the proposed garages that depicts exterior materials of beaded vinyl and brick. The building design mimics the existing apartment buildings. The proposed 12-unit multi -family development includes the necessary provisions to ensure the general land use policies established for this portion of the Bayside Area are met. The proffer agreement confirms those assurances through the following provisions: functional site design and building arrangement; attractive building architecture and use of quality building materials; consistent density with the abutting larger multi -family development; safe and efficient St. Croix Associates, L.P. Page 2 of 2 vehicular and pedestrian access and circulation; and assurances that the existing storm water management system can accommodate all increased generated by the additional impervious surface. These provisions collectively will continue to enhance the community character, economic value, and quality of life of this moderate to high -density sector of the Bayside Area. Planning Commission placed this item on the consent agenda because it is an appropriate expansion of an existing use, the proposal is consistent with the Comprehensive Plan, and there was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ll� City Manager. ST.CROIX ASSOCIATES, L.P. Agenda Item # 14 May 11, 2005 Public Hearing Staff Planner: Faith Christie REQUEST: Change of Zoninq District Classification from R-10 Residential District and A-12 Apartment District to Conditional A-18 Apartment District. 1Y" ram. -•will ;{ �. � I ;� �: °:.. �� ADDRESS / DESCRIPTION: Property located on the north side of Newtown Road, approximately 450-feet east of Diamond Springs Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14685325810000; 4 - BAYSIDE 12.9 acres 14685343630000 APPLICATION HISTORY: This request was deferred by the Planning Commission at the April 13, 2005 public hearing, at the request of the applicant. The applicant desired additional time to revise the plan to address issues raised by the Planning Commission. SUMMARY OF REQUEST At the April 13, 2005 public hearing, the Planning Commission requested the following issues be addressed: • The design of the proposed garages, and • The number of existing trees that could be lost due to the construction of the proposed garages. In response, the applicant has provided a site plan depicting the location and number of existing trees in the area of the proposed construction. A copy of the plan is included in this report. There are 84 existing trees; 17 trees will be removed to accommodate the drive aisle and buildings. The area between the drive aisle and Newtown Road will be planted with a mix of evergreen and deciduous trees and shrubs. The applicant provided a building elevation for the proposed garages that depicts exterior materials of beaded vinyl and brick. The building design mimics the existing apartment buildings. A copy of the proposed building elevation is included in this report. ST. CROIX The applicant proposes to rezone the existing R-10 Residential property and the A-12 Apartment property to Conditional A-18 Apartment District. The applicant has sought and finally obtained the rectangular piece of R-10 Residential District, which is located at the western side and the middle of the existing multiple -family site. The applicant seeks the Conditional A-18 Apartment District due to a slight increase in density, currently 11.96 units to the acre to proposed 12.44 units to the acre, and for increased lot coverage, from 40% coverage to 50% coverage. The applicant proposes to construct one additional apartment building (containing 12 units), to remove the existing tennis courts, and to construct three buildings containing 10 garages each for the tenants' use. The proposed structures will be consistent with the design of the existing structures on the site. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Multiple -family dwellings and a single-family dwelling SURROUNDING LAND North: . Undeveloped property and Multiple -family dwellings / B-2 USE AND ZONING: Community Business District and A-18 Apartment District South: . Newtown Road • Across Newtown Road are single-family dwellings and townhouse style dwellings / A-12 Apartment District East: . Self -storage facility / B-2 Community Business District West: . Single-family dwellings and multiple -family dwellings / R-10 Residential District A-12 Apartment District NATURAL RESOURCE AND The majority of the site is developed with 148 multiple -family dwellings CULTURAL FEATURES: and a single-family dwelling. Areas of woods and undergrowth exist on the R-10 District section of the subject site. There are no significant natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Newtown Road in front of this site is a two-lane undivided local road. Additional entrances from Newtown Road to the project will not be permitted. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Newtown Road 7,879 ADT 9,900 ADT Existing Land Use — 995 ADT Proposed Land Use 3- 1,075 ST. CROIX AS Average Daily Trips 2 as defined by 148 apartments 3 as defined by 160 apartments WATER: The site has an existing water meter that may be upgraded. SEWER: Sanitary sewer system and pump station analysis of Pump Station 362 is required to ensure future flows can be accommodated. SCHOOLS: The request will produce minimal impacts to the schools in the area. The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area strongly focus on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with the proffers and site and building plans submitted by the applicant with the rezoning. The proffers are provided below. The proposed 12-unit multi -family development includes the necessary provisions to ensure the general land use policies established for this portion of the Bayside Area are met. The proffer agreement confirms those assurances through the following provisions: functional site design and building arrangement; attractive building architecture and use of quality building materials; consistent density with the abutting larger multi -family development; safe and efficient vehicular and pedestrian access and circulation; and assurances that the existing storm water management system can accommodate all increased generated by the additional imperious surface. These provisions collectively will continue to enhance the community character, economic value, and quality of life of this moderate to high -density sector of the Bayside Area. PROFFERS PROFFER 1: When the Property is developed, it shall be substantially in accordance with the "SITE PLAN FOR ST. CROIX ASSOCIATES, L.P." dated 8/30/04, prepared by The Spectra Group, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Site Plan"). PROFFER 2: Vehicular Ingress and Egress shall be via one (1) existing entrance from Newtown Road and no more than one hundred sixty (160) residential condominium dwelling units shall be constructed on the Property. PROFFER 3: The architectural design of and the exterior building materials on the one (1) new, twelve (12) unit residential building will be substantially similar to the existing seven (7) residential structures. The architectural design and exterior building materials are depicted by photographs labeled "ST. CROIX ASSOCIATES", 9/30/04, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). PROFFER 4: The architectural design of the garages designated on the Site Plan will be substantially as depicted on the exhibit entitled "THE BELMONT APARTMENTS GARAGES", prepared by Rodriguez, Ripley, Maddux, Motley, Architects, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Garage Elevation"). The Grantor shall plant additional landscaping along the south side of the "New Driveway' depicted on the Site Plan, pursuant to a Landscape Plan to be submitted to and approved by the Planning Director or his designee prior to Site Plan approval. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable as they insure continuance in the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated September 29, 2004, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. 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. ST. CROIX Z J a cn W cn O a O m a e ST. CROIX AS ST. CROIX ST. CROIX 0 Z G J m 0 Z H R W f ,SF jtk, :. IL A 0 1 .. �'s a`aer±rax,�, .. ew ir..t�. �'w�.�v k'°� ✓"x%"wwww.vww.e»n�d .�nmk••»wro+�w-�swu «m ,..... „ wup �y� !6 �� '6 g as • eJ� r, Y Map.D ,_ .Ct_rrn;•r Accnr;ntvc T T 7 ♦ �= � �// MCA +�0,1ir NEW �wtti. i�� ..... Conditional Zoning Change - ALM 10 to A 18 1. 6/9/86 Rezoning (R-5 Residential District to A-1 Apartment District) 9/23/87 Rezoning (R-5 Residential District to A-1 Apartment District) 2. 2/24/98 Conditional Use Permit (Self -storage facility) 3/13/01 Conditional Use Permit (Self -storage facility) 3. 11/24/92 Enlargement to a Nonconforming Use Approved Approved Approved Approved Approved O Z Z N cl At TL 5 9AUNOZum7VNOI,LIQNW ST. CROIX H Z LU W a CD LU U) 0 U) Item #14 St. Croix Associates, L.P. Change of Zoning District Classification North side of Newtown Road District 4 Bayside May 11, 2005 CONSENT William Din: My next item is Item #14. This is St. Croix Associates, L.P. This is an application for a zoning change from R-10 Residential District and A-12 Apartment District to Conditional A-18 Apartment District on the north side of Newtown Road. This is approximately 450 feet east of Diamond Springs Road in the Bayside District. Eddie Bourdon: Thank you Mr. Vice Chair, Madame Chair. Eddie Bourdon, a Virginia Beach attorney representing the applicant. We appreciate this item being placed on the consent agenda. It's proffered, and we obviously agree with our proffers. Thank you. William Din: Thank you Mr. Bourdon. Mr. Ripley, can you speak on this? Ronald Ripley: This is an apartment community that's located on Newtown Road, and it's a real nice community. It was developed a couple of years back. It contains 148 units. The applicant is asking that a small piece of land, that kind of sticks out in the middle of the property, you can see it up on the screen, R-10 zoning. In order to add an additional 12 units to the apartments he has a problem with lot coverage if he simply adds additional buildings on the existing zoning, so he has asked that it be rezoned to an A-18, which gives him a little better lot coverage. It's a natural progression inside of this property. I don't think anyone will ever notice it from the road because you have to ride back in there to see it. There is adequate parking and everything seems to be fine to what he has there now. In addition to that he has asked that the tennis courts that are located in the front of the property to be removed and to install three garage buildings that contain ten garages. Last month when he submitted the application the Commission was not pleased with the elevations and asked him to readdress that, and so he has, and has come back with a very nice set of elevations. We find it acceptable because the ends of the building are essentially what you're going to see from the road. The other concern that the Commission had was the number of trees. Right now there are a nice stand of trees located between the road and the community, and we really didn't want that impacted but so bad, and he's taking care of the road so there's very minimal loss of trees. So, with that and all the additional landscaping, I think he agreed to do, we found that it is a real good application, and we recommend that it be put on consent. William Din: Thank you Ron. I failed to ask if there was any objection to placing this on consent? Is there any objection to moving this item to the consent agenda? If not, I would like to make the following motion to approve the following consent agenda item, Item #14 St. Croix Associates, L.P. This is an application for a zoning change from Item #14 St. Croix Associates, L.P. Page 2 Districts R-10 and A-12 to Conditional A-18 Apartment District. This is in the Bayside District. Dorothy Wood: A motion by Mr. Din and seconded by Mr. Knight. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSENT William Din: By a vote of 10-0, we have approved the consent agenda item. 5900 Buckminister Lane Virginia Beach, VA 23462 urgent To: Planning Commision Fax Number. 426-5667 From: Michele A. Galdun Fax Number: Business Phone: Home Phone: 757-490-9572 ��4"rr Iq Pages: 2 Date17-Ime: 5/11/2005 10:25:38 AM Subject., Item 14 May 11, 2005 St. Criox Can you please see that the Planning Commision Members recieve a copy for meet May 11, 2005 26 Cypress Northwest Beach Partnership Pohe HOA Board Members: Arnlwrst Homes PJ Padrick -President € Civic League Bruce Weller - e' Vice President, Dave Tirado - 2"° Vice President, Kale Warren - Treasurer, Michele A. (�pIdun - Secretary Aragona Village Email: northwestbeachpartners®verizonnet Civic League Crystal Point Offiffism HOA Cypress Pont May 11, 2005 Civic Assoc Diamond Lake Re: Item 14 -- Planning Commission Agenda, May 11, 2005 Estates Application of St. Croix Associates, L.P. Gvic ondSprings/ League l7tamo Change of Zoning District Classification CVrdenwood Civic League Dear Chairperson Wood and Planning Commission Members: Cyand Lake The Northwest Beach Partnership (NWBP) has voted to support the project Civic eaaue League L$JC proposed by St. Croix Associates, L.P., with concerns for the tree line and Civic League buffer existing along Newtown Road. Lake Cypress The developer took the time to meet with Northwest Beach Partnership's Civic League Board in April and the topic was discussed at the March and April Lake Edward Area general meetings. We where concerned about the planned garages Civic League that will replace the tennis courts. The membership expressed grave Lake Smith concern about the possible loss of the grove of tree along Newtown Terrace, Road, possibly resulting in: Haygood Point d ✓ Changing the ambience of a warm and spaciousness community CL,overnor Square Civic League ✓ Lower the property values of surrounding communities Lake Smith ✓ Environmental damage such as lost of wildlife habitat, natural sound Civic League absorption and air filtration Lakeview Park In addition to our meeting with Mr. Covington, we also spoke with Civic League Lawson Forest Planning Department's Faith Christi for information on possible Civic League contingency plans. We feel at this time our interests were heard and Lynbrook understood. We believe Mr. Covington is in agreement with our desire to Lanckt maintain as much of the current buffer and add to the buffer once the Vic League Newsome Farms are built. We understand those points will be proffered. garages p Civic League As far as adding units near the back of the development, we were Traditions at impressed with the effort to maintain the seclusive flavor of the complex. CypressPow Although we are always concerned about density we concede the need HOA Wesleyan Chase for additional rental units at this location. Civic League We do appreciate Mr. Covington providing a beautiful rental community Wesleyan Forest and look forward to working with him on other matters - Civic League Wesleyan Pules Respectfully, Campus East Northwest Beach Partnership Board Community Assoc 757-490-9572 northwestbeachpartners@verizon.net Witchduck Lake _ Condo Assoc o ti,,y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach, Amendment to the City Zoning Ordinance ("Mulch Processing Facility") MEETING DATE: June 14, 2005 ■ Background: An Ordinance to amend Sections 111 and 401 and add Section 239.02 of the City Zoning Ordinance, defining the term "mulch processing facility," establishing mulch storage and mulch processing facilities as principal and conditional uses, respectively, in agricultural zoning districts, and establishing standards for mulch processing facilities. ■ Considerations: The amendments allow mulch storage, subject to the following conditions, as a principal use in the AG-1 and AG-2 Agricultural Districts: 1. Lot must be at least five (5) acres in area and must possess an active farming operation; 2. No more than fifty (50) cubic yards can be stored at one time; 3. There can be no retail sales to the general public; 4. There can be no processing of the mulch on the site; and 5. There can be no sign associated with the mulch storage activity. The amendments also allow mulch processing facilities as a conditional use in the AG-1 and AG-2 Agricultural Districts. A mulch processing facility is defined by the amendment to be A facility at which raw materials are processed into mulch. The following requirements will apply to mulch processing facilities as part of the Conditional use Permit process: 1. The lot must have a minimum lot area of five (5) acres; 2. No machinery can be operated between 7:00 p.m. and 7:00 a.m.; 3. No such facility can be located where noise and other potential adverse impacts may affect nearby residential properties; 4. There can be no retail sales of processed mulch to the general public; and 5. Such facilities may be operated only in conjunction with an active farming operation on the site. City of Virginia Beach — "Mulch Processing Facility" Page 2 of 2 ■ Recommendations: The proposed amendments are consistent with the recommendations of the Comprehensive Plan pertaining to enhancement of economic opportunities for the City's agricultural industry. The amendments are a recommendation of the City's Agricultural Advisory Commission and have been endorsed by the group. By a unanimous vote of 10-0, the Planning Commission recommended approval to the City Council of the amendments. ■ Attachments: Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department U' City Manager: �-, < d Wt 1 AN ORDINANCE DEFINING THE TERM "MULCH 2 PROCESSING FACILITY," ESTABLISHING 3 MULCH STORAGE AND MULCH PROCESSING 4 FACILITIES AS PRINCIPAL AND CONDITIONAL 5 USES, RESPECTIVELY, IN AGRICULTURAL 6 ZONING DISTRICTS, AND ESTABLISHING 7 STANDARDS FOR MULCH PROCESSING 8 FACILITIES 9 10 Sections Amended: City Zoning Ordinance 11 111 and 401 12 13 Section Added: City Zoning Ordinance 14 Section 239.02 15 16 17 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 That Sections 111 and 401 of the City Zoning Ordinance are 20 hereby amended and reordained, and a new Section 239.02 is 21 hereby added, to read as follows: 22 Sec. 111. Definitions. 23 For the purpose of this ordinance, words used in the 24 present tense shall include the future; words used in the 25 singular number include the plural and the plural the singular; 26 the use of any gender shall be applicable to all genders; the 27 word "shall" is mandatory; the word "may" is permissive; the 28 word "land" includes only the area described as being above mean 29 sea level; and the word "person" includes an individual, a 30 partnership, association, or corporation. 31 In addition, the following terms shall be defined as herein 32 indicated: 33 . . . . 34 Mulch processing facility. A facility at which raw 35 materials are processed into mulch. 36 . . . . 37 CON BIENT 38 39 The amendment defines the term "mulch processing facility." 40 41 42 Sec. 239.02. Mulch processing facilities. 43 In addition to the general standards set forth in Section 44 220, the following requirements shall apply to mulch processing 45 facilities: 46 (a) Minimum lot area shall be five (5) acres; 47 (b) No machinery shall be operated between 7:00 p.m. and 48 7:00 a.m.; 49 (c) No such facility shall be located where noise and 50 other potential adverse impacts may affect nearby residential 51 properties; 52 (d) There shall be no retail sales of processed mulch to 53 the general public; and 54 (e) Such facilities may be operated only in conjunction 55 with an active farming operation on the site. 56 57 N 58 COMMENT 59 60 The amendments set forth particular standards applicable to mulch processing facilities. 61 The standards are in addition to the general standards applicable to all condition uses. 62 63 . . 64 Sec. 401. Use regulations [Agricultural Zoning Districts]. 65 (a) Principal and conditional uses. The following 66 chart lists those uses permitted within the AG-1 and AG-2 67 Agricultural Districts. Those uses and structures in the 68 respective agricultural districts shall be permitted as either 69 principal uses indicated by a "P" or as conditional uses 70 indicated by a "C." Uses and structures indicated by an "X" 71 shall be prohibited in the respective districts. No uses or 72 structures other than as specified shall be permitted. 73 74 Use AG-1 AG-2 W 76 Mulch processing facilities, 77 subject to the provisions 78 of Section 239.02 C C 79 80 Mulch storage on lots at least 81 five (5) acres in area on which 82 an active farming operation 83 is conducted, provided that no 84 more than five hundred (500) cubic 85 yards shall be stored at one time; 86 no retail sales to the general pub- 87 lic shall be conducted; no proces- 88 sing shall occur on the site; and 89 no siqn associated with such activ- 3 90 ity shall be allowed p p 91 92 . . . . 93 94 COMMENT 95 The amendments allow mulch storage, subject to the conditions set forth in Lines 80-90, as 96 a principal use in the AG-1 and AG-2 Agricultural Districts and allow mulch processing facilities as 97 a conditional use in the AG-1 and AG-2 Agricultural Districts. In both instances, the use is allowed 98 only in conjunction with an active farming operation. 99 100 101 Adopted by the Council of the City of Virginia Beach, 102 Virginia, on the day of , 2005. CA-9591 OID/ordres/AG mulch ordin.doc R-5 May 11, 2005 APPROVED AS TO CONTENT: �t !=tt-oS Planni g Department APPROVED AS TO LEGAL SUFFICIENCY: Waal /I City Attorney's Office 4 Item #10 City of Virginia Beach An Ordinance to amend Sections I I I and 401 and add Section 239.02 of the City Zoning Ordinance defining the term mulch processing facility, establishing mulch storage and mulch processing facilities as principal and conditional uses, respectively in agricultural zoning districts and establishing standards for mulch processing facilities May 11, 2005 CONSENT William Din: The next item that I have is Item #10 City of Virginia Beach. This is an ordinance to amend Sections 111 and 401, and add Section 239.02 to the City's Zoning Ordinance concerning mulch processing facility. Is there any objection to placing item on consent? If not, then Mr. Scott, I would like to ask you to expound on this a little bit. Robert Scott: This is a outgrowth of the Planning Commission's organized review of the Zoning Ordinance and the things that need to be done to it to bring it up to current needs. This particular amendment addresses a need in our agricultural community, and establishes a series of conditions for mulch operations that they lot must be at least five acres. The area must have an active farming operation. It can't have more than 500 cubic yards of materials stored there at one time. No retail sales to the general public or processing on the site. No sign associated with the activity. No machinery between 7:00 pm and 7:00 am. Those are the larger requirements. Your subcommittee has studied this, and help the staff draft it, and we recommend its approval. William Din: Thank you very much Mr. Scott. I would like to make the following motion to approve the following consent agenda item. Item #3 True Victory Outreach Ministries. This is a Conditional Use Permit for a church on property at Diamond Springs Road in the Bayside District. It has one condition, Item #7 Rainbow Station, Inc. This is a Conditional Use Permit for a child-care education center on property located on the south side of Sandbridge in the Princess Anne District with three conditions, Item #9 Messiah Lutheran Church. An application for a Conditional Use Permit for a church expansion in the Rose Hall District with six conditions, Item #10 City of Virginia Beach. This is to amend a section of the City's Zoning Ordinance, Section I I I and 401 and add section 239.02. Dorothy Wood: Mr. Macali. Bill Macali: Can I just clarify something? Your motion was the City Zoning Ordinance Amendment was for the version that was passed out. It's amended to be slightly different from the version of the ordinance. Dorothy Wood: Yes. Thank you. Item #10 City of Virginia Beach Page 2 William Din: Thank you sir. Dorothy Wood: A motion by Mr. Din and seconded by Mr. Knight. AYE 10 NAY 0 ANDERSON CRABTREE AYE DIN - AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 1 ABSENT William Din: By a vote of 10-0, we have approved the consent agenda item. L. APPOINTMENTS ARTS and HUMANITIES COMMISSION BEACHES and WATERWAYS COMMISSION CHESAPEAKE ALCOHOL SAFETY ACTION PROGRAM HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS and RECREATION COMMISSION SHORE DRIVE ADVISORY COMMITTEE TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 'HIIC 1 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L DATE: June 7, 2005 C E S L D C M R C A W I J L A N R H N I E D O A D D E M U L W Z Y N N D O E I E S 0 AGENDA E E E A 0 R V D V 0 0 ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D I BRIEFINGS: A PUBLIC VOICES/REDEVELOPMENT Robert Scott, Director, Planning B VISITOR CENTER Hester Waterfield, Visitor Services Administrator, Convention and Visitor Bureau 11/11 CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y 1/IV/ VNI/ E F MINUTES APPROVED 9-0 Y Y Y Y Y A Y Y Y Y A B B S S T T A A I I N N E E D D G/H/ Resolution to express support / AUTHORIZE ADOPTED, AS 9-2 Y Y Y Y Y N Y N Y Y Y 1/1 contract with ULI re a performance study for REVISED re Village of Pungo NAVY CONCERNS 2 Ordinance to AUTHORIZE HALL FAMILY ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y PARTNERSHIP temporary encroachment into CONSENT portions of r-o-w of Butternut Ln / Spruce St to construct telephone pedestal / buried conduit re fiber optic cable 3 Ordinance to ACCEPT / APPROPRIATE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $507,998 state / federal / gift fund revenues to CONSENT Human Services re mental health / substance abuse / mental retardation services 4 Ordinance to APPROPORIATE $36,351 / ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ACCEPT and APPROPRIATE $6,253 from Fire CONSENT to Department's various costs / fire programs 5 Ordinance to APPROPRIATE $799,237 to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Human Services to provide positions CONSENT a One time state general fund revenue $173,109 b State Supreme Court /Medicaid revenue $480,128 c Additional fee revenue $146,000 6 Ordinance to ACCEPT / APPROPRIATE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $5,000 to Public Libraries re Central Library CONSENT PAGE 2 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE: June 7, 2005 C E S L D C M R C A W I J L A N R H N I E D 0 A D D E M U L W Z Y N N D 0 E I E S 0 AGENDA E E E A 0 R V D V 0 0 ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D 7 Ordinance to REVISE categorical appropriations ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y for School's re additional State / other revenue: CONSENT a. Reduce Instruction $15,708,066 b. Reduce Attendance and Health $ 534,949 c. Reduce Pupil Transportation $ 1,988,071 d. Reduce Operations and Maintenance $ 4,809,444 AND, APPROPRIATE: a. Grants $ 183,786 b. Athletic Special Revenue $ 242,731 c. Instructional Technology $ 1,748,680 d. Vending Operations $ 31,000 e. Textbook Fund $ 2,091,882 $ EMS Permits for annual renewal: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. Eastern Shore Ambulance b. Nightingale Regional Air Ambulance C. Network Medical d. Children's Hospital of the King's Daughters e. Medical Transport f. Lifeline Ambulance Service, Inc. 9 Ordinance to AUTHORIZE full-time position ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y / ELIMINATE two part-time employee's in CONSENT Library re Kempsville Library 'ACih S CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L DATE: June 7, 2005 C C M E R S C L A W D I J L A N R H N I E D O A D D E M U L W Z Y N N D O E I E S O AGENDA ITEM # SUBJECT MOTION VOTE E L E R E S A N O X R F V E D T V A O N O D J APPOINTMENTS: B Y C O N S E N S U S RESCHEDULED ARTS and HUMANITIES COMMISSION BEACHES and WATERWAYS COMMISSION HEALTH SERVICES ADVISORY BOARD CHESAPEAKE ALCOHOL SAFETY ACTION PROGRAM HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OPEN SPACE SUBCOMMITTEE PARKS and RECREATION COMMISSION SHORE DRIVE ADVISORY COMMITTEE TOWING ADVISORY BOARD K/L Recess to Closed Session PM re Personal / APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y ADD Publicaly Held Property / Prospective Business of @ 8:06 ON Industry ADD Certify Closed Session PM CERTIFIED 8-0 Y Y Y Y A Y A Y A Y Y ON @ 7:58 M/ ADJOURNMENT: 8:00 PM