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MAY 8, 2007 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER„ Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 REBA S. MCCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach — District 6 RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 8 MAY 2007 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 234568005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL WORKSHOP - Conference Room - 1:00 PM A. RESOURCE MANAGEMENT PLAN FY 2007-2008 Operating and Capital Budget II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - 4:30 PM 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 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Stephen Ratliff Associate Pastor, First Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. ACQUISITION OF EASEMENTS a. Princess Anne/Kempsville Road Intersection b. Witchduck Road Phase I 2. SALE OF EXCESS PROPERTY To US Fish and Wildlife Service 3. EXCHANGE OF CITY PROPERTY Little Island Park - US Fish and Wildlife Service I. CONSENT AGENDA J. RESOLUTIONS/ORDINANCES May 1, 2007 1. Resolution to AUTHORIZE the powers granted by the Virginia General Assembly pursuant to the Hampton Roads Transportation Authority (HRTA) Act re imposition of specified fees and taxes for transportation 2. Resolution to AUTHORIZE issue by the Virginia Beach Development Authority (VBDA) of Educational Facilities Revenue and Refunding Bonds re Virginia Wesleyan College 3. Resolution to REQUEST the Commonwealth of Virginia adequately fund salaries for employees of the Virginia Beach Court Service Unit 4. Ordinance to AUTHORIZE acquisition of 8.32 acres at 2433 and 2437 Salem Road from A.O.S. Properties, LLC, for $785,000 in support of the BRAC Response Ordinances, the mitigation requirements for the Southeastern Parkway and numerous environmental and open space objectives 5. Ordinances re U.S. Fish and Wildlife Service and Sandbridge Safety Improvements a. DECLARE Excess Property and EXECUTE the agreement for Exchange of Lands re realignment of Sandpiper Road and DIRECT the City Manager to execute the appropriate deed and other documents b. SALE of EXCESS property at 3180 New Bridge Road re expansion of Back Bay National Wildlife Refuge and APPROPRIATE $500,000 from said sale back to the Open Space Site Acquisition Program 6. Ordinances to AUTHORIZE the acquisition of property, in fee simple, for permanent and temporary easements, either by agreement or condemnation, and AUTHORIZE the City Manager to make a reasonable offer to the owners or persons having an interest in the property to improve transportation within the City for: a. Princess Anne Road/Kempsville Road Intersection Improvements b. Witchduck Road Improvements 7. Ordinance to AMEND Sections 36-96 and 36-172 of the City Code re taxicab reciprocity 8. Ordinance to AUTHORIZE and EXECUTE a Sponsorship Agreement re the Third Annual Patriotic Festival and as part of the agreement, AUTHORIZE the expenditure of $200,000 for a grant, $50,000 for a loan and $15,000 from the Tourism Advertising Program (TAP) re out of area advertising; and, require the Patriotic Festival, LLC, to raise $400,000 in private sector funds for the Festival 9. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. GERALD T. and JAN E. EDWARDS to reconstruct and maintain a pier and construct and maintain a boat lift and rip rap revetment at 2313 Broad Bay Road (DISTRICT 5 — LYNNHAVEN) b. DEWBERRY FARM COMMUNITY ASSOCIATION, INC. to maintain existing landscaping, a subdivision sign and to install and maintain a 4 -inch water and a 2 -inch conduit for irrigation and electric service at Dewberry Lane (DISTRICT 1— CENTERVILLE) THE FUTURA GROUP, LLC, to construct and maintain a pier and return wall at 2072-2074 Tazewell Road (DISTRICT 4 — BAYSIDE) 10. Ordinance to AUTHORIZE the City Treasurer to retain OSI Collection Services, Inc. to attempt collection of delinquent personal property taxes in the amount of $8 -Million LCA 11. Ordinances to APPROPRIATE from the Fund Balance of the General Fund to provide interest-free loans re the purchase of new ambulances for various Volunteer Rescue Squads a. $70,000 to Plaza Volunteer Rescue Squad b. $85,000 to Princess Anne Courthouse Volunteer Rescue Squad c. $100,000 to the Sandbridge Volunteer Rescue Squad PLANNING 1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for ALBERTA and SCOTT WINTERS at 1985 Pleasant Ridge Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of CENTERVILLE BP, INC., for Modification of Conditions to remove the car wash and service kiosk and replace them with a convenience store (approved on September 14, 1987) (DISTRICT 1— CENTERVILLE) RECOMMENDATION: APPROVAL 3. Application of ALEX WOLCOTT for Expansion of a Nonconforming Use to renovate an existing two-story single-family structure and two-story building with four apartments, at 405 23rd Street (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 4. Application of CONCUT I, LLC, for a Conditional Use Permit re bulk storage of vehicles at 535 London Bridge Road (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 5. Application of CKC PROPERTIES, LLC for a Conditional Use Permit re a pier at 2533 Virginia Beach Boulevard (DISTRICT 6— BEACH) RECOMMENDATION: APPROVAL 6. Application of DFI-VIRGINIA BEACH BLVD, LLC for a Conditional Use Permit re a pier at 2529 Virginia Beach Boulevard (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 7. Application of WINDSOR OAKS WEST PARCEL 3, LLC, for a Change ofZoningfrom B-2 Community Business to Conditional A-18 Apartment at 4392 Holland Road (DISTRICT 3 — ROSE HALL) RECOMMENDATION: APPROVAL L. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT June 19 September 18 November 20 CITYWIDE TOWN MEETINGS Location To Be Announced — 7:15 pm Location To Be Announced — 7:15 pm Location To Be Announced — 7:15 pm CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE May 15 (Adoption) Agenda 5/8/07/st www.vbeov.com Council Chamber at 6:00 p.m. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 I. CITY COUNCIL WORKSHOP - Conference Room - 1:00 PM A. RESOURCE MANAGEMENT PLAN FY 2007-2008 Operating and Capital Budget II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA I. CITY COUNCIL WORKSHOP - Conference Room - 1:00 PM A. RESOURCE MANAGEMENT PLAN FY 2007-2008 Operating and Capital Budget II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION I:l M. C. E. CALL TO ORDER — Mayor Meyera E. Oberndorf - Council Chamber - 6:00 PM INVOCATION: Reverend Stephen Ratliff Associate Pastor, First Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION May 1, 2007 2 r rrs S0a�j}�j.J1� ;9 OF, OUR NAT�ONa� �P�Q�1tftDlt 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. H. PUBLIC HEARINGS 1. ACQUISITION OF EASEMENTS a. Princess Anne/Kempsville Road Intersection b. Witchduck Road Phase I 2. SALE OF EXCESS PROPERTY To US Fish and Wildlife Service 3. EXCHANGE OF CITY PROPERTY Little Island Park - US Fish and Wildlife Service PUBLIC HEARING ACQUISITION, BY AGREEMENT OR CONDEMNATION I he Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition by agree- :,nent or condemnation, of property and easements necessary for the Princess Anne Road,/Kempsville Road Intersection Improvements Project (CIP 2-048), Tuesday, May 8, 2007 at 6:00 p.m., n the Council Chamber of the City Hall Building Building #1) at the Virginia Beach Municipal Center, 'Virginia Beach, Virginia. The plans for the project are entitled: "PRINCESS ANNE ROAD '/KEMPSVILLE ROAD INTERSECTION IMPROVEMENTS, CIP #2-048. STATE PROJECT NO. 0165-134-107 RW -201, C501 FHWA PROJECT NO. STP -5403(593'" and are on file n the Public Works Department, Engineering Divi - ,ion, Building #'- at the Municipal Center. The pur- pose of this Hearing will be to obtain public input ,egarding authorizing condemnation, if necessary, for this project. if you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Any questions concerning this hearing should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center, 757 385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon Aprii 29, 2007 16901247 PUBLIC HEARING AC UISITIaN, BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition by agree- ment or condemnation of property and easements necessary for the Witchduck Road Phase I Project (CIP #2-931), Tuesday May S. 2007 at 6:00 p.m., in the Council Chamber of the City Hall Build- ing (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: "WITCHDUCK ROAD IMPROVE- MENTS, CIP #2-931 - STATE PROJECT NO. UOOO-134174, R1r1►'--201, C-501 - FHWA PROJECT NO. STP -5403(662)" and are on file in the Public Works Department. Engineering Division, Building #2 at the Municipal Center. The purpose of this Hear- ing will be to obtain public input regarding authoriz- ing condemnation, if necessary, for this project. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Any questions concerning this hearing should be directed to the Office of Real Estate, Building #2. Room 392, at the Virginia Beach Municipal Center, (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon April 29, 2007 16901443 PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of 10.00 acres of City owned property (Pt. of SPIN 2413-71-0629) to the United States Fish & Wildlife Service. on Tuesday, May 8, 2007 at 6:00 p.m., in the Council Chamber of the City Hall Build- ing (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public input to determine ��hether this property should be declared "Excess of the Citv's needs". If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Any questions concerning this matter should be directed to the Office of Real Estate, Building #2 Room 392, at the Virginia Beach i_. Ruth Hodges Fraser, MMIC City Clerk Beacon April 29, 2007 16919714 PUBLIC HEARING EXCHANGE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING for the exchange of a 1.245 acre piece of City owned property, Tuesday. May 8. 2007. at 6:00 p.m., in the City Council Chamber located in the City Hall Building, (Building ##1 at the Virginia Beach Municipal Center). The property is located at the southern end of Little Island Park adjacent to the Back Bay Wildlife Refuge in the Sandbridge section of the City of Virginia Beach (ref. GPIN 2432-72-6712). The purpose of this Hearing will be to obtain public input to determine whether this property should be declared 'Excess of the City's Needs", and exchanged for certain properties owned by the U. S. Fish and Wildlife Service in connection with the Sandbridge Safety Improvements Project, CIP 2-067. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Ruth Hodges Fraser. MMC City Clerk Beacon April 29, 2007 16919555 I. CONSENT AGENDA RESOLUTIONS/ORDINANCES 1. Resolution to AUTHORIZE the powers granted by the Virginia General Assembly pursuant to the Hampton Roads Transportation Authority (HRTA) Act re imposition of specified fees and taxes for transportation 2. Resolution to AUTHORIZE issue by the Virginia Beach Development Authority (VBDA) of Educational Facilities Revenue and Refunding Bonds re Virginia Wesleyan College 3. Resolution to REQUEST the Commonwealth of Virginia adequately fund salaries for employees of the Virginia Beach Court Service Unit 4. Ordinance to AUTHORIZE acquisition of 8.32 acres at 2433 and 2437 Salem Road from A.O.S. Properties, LLC, for $785,000 in support of the BRAC Response Ordinances, the mitigation requirements for the Southeastern Parkway and numerous environmental and open space objectives 5. Ordinances re U.S. Fish and Wildlife Service and Sandbridge Safety Improvements a. DECLARE Excess Property and EXECUTE the agreement for Exchange of Lands.re realignment of Sandpiper Road and DIRECT the City Manager to execute the appropriate deed and other documents b. SALE of EXCESS property at 3180 New Bridge Road re expansion of Back Bay National Wildlife Refuge and APPROPRIATE $500,000 from said sale back to the Open Space Site Acquisition Program 6. Ordinances to AUTHORIZE the acquisition of property, in fee simple, for permanent and temporary easements, either by agreement or condemnation, and AUTHORIZE the City Manager to make a reasonable offer to the owners or persons having an interest in the property to improve transportation within the City for: a. Princess Anne Road/Kempsville Road Intersection Improvements b. Witchduck Road Improvements 7. Ordinance to AMEND Sections 36-96 and 36-172 of the City Code re taxicab reciprocity 8. Ordinance to AUTHORIZE and EXECUTE a Sponsorship Agreement re the Third Annual Patriotic Festival and as part of the agreement, AUTHORIZE the expenditure of $200,000 for a grant, $50,000 for a loan and $15,000 from the Tourism Advertising Program (TAP) re out of area advertising; and, require the Patriotic Festival, LLC, to raise $400,000 in private sector funds for the Festival 9. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. GERALD T. and JAN E. EDWARDS to reconstruct and maintain a pier and construct and maintain a boat lift and rip rap revetment at 2313 Broad Bay Road (DISTRICT 5 — LYNNHAVEN) b. DEWBERRY FARM COMMUNITY ASSOCIATION, INC. to maintain existing landscaping, a subdivision sign and to install and maintain a 4 -inch water and a 2 -inch conduit for irrigation and electric service at Dewberry Lane (DISTRICT 1— CENTERVILLE) C. THE FUTURA GROUP, LLC, to construct and maintain a pier and return wall at 2072-2074 Tazewell Road (DISTRICT 4 — BAYSIDE) 10. Ordinance to AUTHORIZE the City Treasurer to retain OSI Collection Services, Inc. to attempt collection of delinquent personal property taxes in the amount of $8 -Million A CITY OF VIRGINIA BEACH AGENDA ITEM Virginia, ITEM: Resolution of the City Council of the City of Virginia Beach, Vir g , Approving the Powers Granted by the General Assembly of the Commonwealth of Virginia to the Hampton Roads Transportation Authority Pursuant to the Hampton Roads Transportation Authority Act, Sections 33.1-391.6 et seq. of the Code of Virginia of 1950, as Amended MEETING DATE: May 8, 2007 ■ Background: The General Assembly passed legislation creating funding streams to fund the six major projects as requested by the Hampton Roads Metropolitan Planning Organization (HRMPO). To have the fees instituted, seven of the twelve localities representing 51% of the regions population must authorize the HRTA to establish the fees and taxes. ■ Considerations: Without this action the six major projects will be completely eliminated and all funds spent on studies, etc, will be wasted. Congressional earmarks will also be lost. Finally, the loss of the Southeastern Parkway and Greenbelt will mean the City's master highway plan would have to be reexamined. ■ Public Information: This Ordinance will be advertised in the same manner as other agenda items. ■ Recommendations: Adopt ordinance ■ Attachment: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: City Manager's Office City Manager: '< ' Z -3m 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA 2 BEACH, VIRGINIA, APPROVING THE POWERS GRANTED BY THE 3 GENERAL ASSEMBLY OF THE COMMONWEALTH OF VIRGINIA TO 4 THE HAMPTON ROADS TRANSPORTATION AUTHORITY PURSUANT TO 5 THE HAMPTON ROADS TRANSPORTATION AUTHORITY ACT, 6 SECTIONS 33.1-391.6 ET SEQ. OF THE CODE OF VIRGINIA OF 7 1950, AS AMENDED 8 WHEREAS, the General Assembly of the Commonwealth of 9 Virginia has enacted, and the Governor of the Commonwealth of 10 Virginia has approved, the Hampton Roads Transportation 11 Authority Act, Sections 33.1-391.6 et seq. of Chapter 10.2 of 12 the Code of Virginia of 1950, as amended (the Act); 13 14 WHEREAS, the Act, which becomes effective July 1, 2007, 15 creates the Hampton Roads Transportation Authority (the 16 Authority) as a body politic and political subdivision of the 17 Commonwealth of Virginia embracing the Counties of Isle of 18 Wight, James City and York and the Cities of Chesapeake, 19 Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, 20 Virginia Beach and Williamsburg; 21 22 WHEREAS, the voting members of the Authority consist of the 23 chief elected officer of the governing body (or his or her 24 designee, who shall be a current elected officer of such 25 governing body) of the counties and cities embraced by the 26 Authority; 27 28 WHEREAS, the Act empowers the Authority, among other things 29 to impose or assess certain specified fees and taxes for 30 imposition or assessment by the Authority, including a gasoline 31 sales tax, a real property conveyance grantor's tax, a vehicle 32 rental tax, a vehicle safety inspection fee, an initial vehicle 33 registration fee, a sales tax on auto repair labor and an annual 34 vehicle registration fee, in all the counties and cities 35 embraced by the Authority; 36 37 WHEREAS, the Act provides that the fees and taxes 38 authorized by the Act for imposition and/or assessment by the 39 Authority shall only be imposed and/or assessed by the Authority 40 if (i) at least seven of the twelve governing bodies of the 41 counties and cities embraced by the Authority that include at 42 least fifty-one percent (510) of the population of the counties 43 and cities embraced by the Authority pass a duly adopted 44 resolution stating their approval of such power of the Authority 45 to impose and/or assess the fees and taxes specified in the Act 46 no later than December 31, 2007, and, thereafter (ii) at least 47 seven of the twelve voting members of the Authority that include 48 at least fifty-one percent (51%) of the population of the 49 counties and cities embraced by the Authority vote in the 50 affirmative to impose and/or assess all of the fees and taxes 51 authorized by the Act for imposition and/or assessment by the 52 Authority in all of the counties and cities embraced by the 53 Authority; and 54 55 WHEREAS, the City Council of the City of Virginia Beach, 56 Virginia, approves of the powers granted to the Authority under 57 the Act to impose and/or assess the fees and taxes authorized by 58 the Act and in the amounts specified therein; 59 60 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE 61 CITY OF VIRGINIA BEACH, VIRGINIA: 62 63 1. The City Council of the City of Virginia Beach, 64 Virginia, as contemplated by the Act and in accordance 65 therewith, hereby approves the powers granted to the Authority 66 under the Act to impose and/or assess the fees and taxes 67 authorized thereby and in- the amounts specified therein, 68 including a gasoline sales tax, a real property conveyance 69 grantor's tax, a vehicle rental tax, a vehicle safety inspection 70 fee, an initial vehicle registration fee, a sales tax on auto 71 repair labor, an annual vehicle registration fee, and tolls, 72 such fees and taxes constituting all of the fees and taxes 73 authorized by the Act. 74 75 2. The City Council of the City of Virginia Beach, 76 Virginia, hereby recommends to the Authority that it vote in the 77 affirmative to impose and/or assess all of the fees and taxes 78 authorized by the Act and in the amounts specified therein for 79 imposition and/or assessment by the Authority in all of the 80 counties and cities embraced by the Authority. 81 take effect on July 1, 2007. 82 3. This Resolution shall 83 84 4. The Clerk of the City Council of the City of Virginia 85 Beach, Virginia, shall provide a copy of this Resolution to the 86 Clerks of the House of Delegates and the Senate of the 87 Commonwealth of Virginia as soon as practicable after the 88 effective date hereof. 89 90 Adopted by the Council of the City of Virginia Beach, 91 Virginia, on this day of May, 2007. APPROVED AS TO CONTENT —I&AIZZCity Manager's Office CA10378 R-2 April 24, 2007 APPROVED AS TO LEGAL SUFFICIENCY: �e7wa,a City Attorney's --Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of City Council approving the issuance by the City of Virginia Beach Development Authority of Educational Facilities Revenue and Refunding Bonds for Virginia Wesleyan College MEETING DATE: May 8, 2007 ■ Background: The City of Virginia Beach Development Authority (the "Authority") has considered the application of Virginia Wesleyan College (the "College"), requesting the issuance by the Authority of its Educational Facilities Revenue and Refunding Bonds in an amount estimated not to exceed $31,000,000 (the "Bonds"), to a) finance the construction and equipping of six buildings consisting of four townhouse units to accommodate 96 student beds on the campus (b) to refinance an existing outstanding bond with principal balance of up to $23,000,000 of tax-exempt debt incurred by the College to finance the acquisition, construction and equipping of academic, administrative, services, athletic, maintenance and storage facilities, parking areas, dormitories, the Academic Village II, a business office, a book store, a student center/athletic complex and access roads to certain of certain such facilities, and (c) to finance the cost of issuing the Bonds. ■ 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. The Authority's public hearing was held on April 17, 2007. ■ 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. ' Recommendations: Approval ' Attachments: IDP Submission to Council Resolution for City of Virginia Beach Location Map Affidavit to Publication & Notice Record of Public Hearing Development Authority's Resolution Disclosure Statement Authority's Statement Fiscal Impact Statement Summary Sheet Letter from Department of Economic Development, dated April APPROVAL Submitting Department/A ency: Development Authority City Manag V:\applications\citylawprod\cyco�32\W ocs\D024\p001\00022465.D 17, 2007 1 RESOLUTION OF CITY COUNCIL OF THE 2 CITY OF VIRGINIA BEACH, VIRGINIA 3 APPROVING ISSUANCE OF EDUCATIONAL 4 FACILITIES REVENUE AND REFUNDING 5 BONDS FOR VIRGINIA WESLEYAN 6 COLLEGE 7 8 9 WHEREAS, the City of Virginia Beach Development 10 Authority (the Authority) has considered the application of 11 Virginia Wesleyan College (the College) for the issuance of 12 the Authority's Educational Facilities Revenue and 13 Refunding Bonds (the Bonds) in an amount not to exceed 14 $31,000,000 to assist the College (a) to finance the 15 construction and equipping of six buildings consisting of 16 four townhouse units to accommodate 96 student beds on the 17 campus of the College at 5817 Wesleyan Drive, Virginia 18 Beach, Virginia, (b) to refinance the outstanding principal 19 balance of up to $23,000,000 of tax-exempt debt incurred by 20 the College to finance the acquisition, construction and 21 equipping on the College's campus of academic, 22 administrative, services, athletic, maintenance and storage 23 facilities, parking areas, dormitories, the Academic 24 Village II, a business office, a book store, a student 25 center/athletic complex and access roads to certain of such 26 facilities, and (c) to finance the cost of issuing the 27 Bonds; and 28 29 WHEREAS, the Authority held a public hearing with 30 respect to the plan of finance and the Bonds on April 17, 31 2007, and adopted an inducement resolution with respect 32 thereto; and 33 34 WHEREAS, the Internal Revenue Code of 1986, as amended 35 (the Code), provides that the highest elected governmental 36 officials of the governmental unit having jurisdiction over 37 the issuer of private activity bonds shall approve the 38 issuance of such bonds; and 39 40 WHEREAS, the Authority issues its bonds on behalf of 41 the City of Virginia Beach and the members of the City 42 Council of the City of Virginia Beach (the Council) 43 constitute the highest elected governmental officials of 44 the City of Virginia Beach; and 45 46 WHEREAS, Section 15.2-4906 of the Code of Virginia of 47 1950, as amended (the Virginia Code), provides that the 48 Council shall, within sixty (60) calendar days from the 49 public hearing with respect to industrial development 50 revenue bonds either approve or disapprove the issuance of 51 such bonds; and 52 53 WHEREAS, a copy of the Authority's resolution 54 approving the issuance of the Bonds, a reasonably detailed 55 summary of the comments expressed at the public hearing 56 with respect to the Bonds and a statement in the form 57 prescribed by Section 15.2-4907 of the Virginia Code have 58 been filed with the Council, together with the Authority's 59 recommendation that the Council approve the issuance of the 60 Bonds; 61 62 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 63 THE CITY OF VIRGINIA BEACH, VIRGINIA: 64 65 1. The recitals made in the first preamble to this 66 resolution are hereby adopted as a part of this resolution. 67 68 2. The City Council of the City of Virginia Beach, 69 Virginia, approves the issuance of the Bonds by the 70 Authority for the purposes stated herein, such approval 71 being given to the extent required by the Code and Section 72 15.2-4906 of the Virginia Code. 73 74 3. The approval of the issuance of the Bonds, as 75 required by the Code and the Virginia Code, does not 76 constitute an endorsement to a prospective purchaser of the 77 Bonds of the creditworthiness of the College and, as 78 required by Chapter 643 of the Acts of Assembly of 1964, as 79 amended (the Act), the Bonds shall provide that neither the 80 City of Virginia Beach nor the Authority shall be obligated 81 to pay the Bonds or the interest thereon or other costs 82 incident thereto except from the revenues and monies 83 pledged therefore and neither the faith or credit nor the 84 taxing power of the Commonwealth of Virginia, the City of 85 Virginia Beach or the Authority shall be pledged thereto. 86 87 4. This resolution shall effect immediately upon its 88 adoption. gg Adopted by the Council of the City of Virginia Beach, 90 Virginia, on the day of , 2007. CA10307 V:\applications\citylawprod\cycom32\Wpdocs\D027T002\00032265 DOC R-1 May 1, 2007 APPROVED AS TO LEGAL SUFFICIENCY: ity Attorney r Lake le Re Wesley" CNOep LONOONOERRY C1 -Aa pN� ppppY"+ �y 4` muCRAMNiSTFR LA yu µRCRroa yyT CHARD R i5«plE� IN R K E $� RAYSI I NOLC(Me n iMANESS Cr ] COACHMAN CT As, CT )UGH_ I--� •mac PROJECT NAME Virginia Wesleyan College Revenue Bonds PROJECT LOCATION: 1584 Wesleyan Drive Virginia Beach, VA VIRGINIA BE-A-vCH The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: Virginia Wesleyan College Revenue Bonds Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757)385-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vbgov.com April 17, 2007 Dear Mayor Oberndorf and Members of City Council: We submit the following in connection with project Virginia Wesleyan College located at 1584 Wesleyan Drive in the cities of Norfolk and 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 Exhibit B. 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 April 17, 2007 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 Department of Economic Development commenting on the Project. T truly yours, . Lea Vice Chair DVJ/GLF/mig Enclosures Exhibit A tf j,c C:iOR-bpj yyG Y �t W l•=C.Ga GEAR ''>; �y �r -28.kl µ i N Q �ti c^o_c•�Y �=eo'3cros" r.60 �� D C �. I lif(gz Cc onm-a mv'o- �� cS�e'=5�t,°^-°��'�Noda Q ��iprd Lnm ace=on'pSc�pcti�-atm`ob F" Eoycoc'a.� 2 v� Q�Z@i�J tint .Sy�g� a glop 'J 1050-K�i�� o'O°ocoo ZUm?ZQ mm> c f c ccri�rV? °1 � "ao=o _c& Rn�F U 5�=�'�t''o�°a nn umoGgm �mSo<£+aE�m�kR�o� u Z�Zp4Z-'0G�'ov��a�na�ocio��y�+�Emm Gcc�at��ocdco.�m � I �'aQi' Q mo°��^'a.`co 5° ao$mComsm.�v-OmOE°>c Cm" O } Z} G G xZZl-ZW a. c c4m �i�muEt'�i..$ (�G G�lil�l v �3mmm &y��p'osma3 3xf, y mms ca�`o mH a� aa,: �m� m ''a. }rri..m'a��Q�cR�lo - B z aMIXn- eco Qv=�� 6NJo wc?3'ac-mc u� rwob�c�" S ?a�QrQ.�. c•'.�c•cef°c..=.Um..rs.�.o�Gmmo-,Mom,am�o� 5 �Q Z>. Q G d S y N0 p C j C m 4 m O g V 3 C ate, a oIL - Oi,{I Q. �z 'a )—:-g m�am,�3 ca.> �t�c.�p ems'Fc <n �c�c P�a� •� o w=Q co ,Wz0: �G� ^Cemb�r'v4q8 Ivo `omJS _�taL�m�4Oecm 2_ iFQ13Z1.Z.Ci> t5�a>��G�+c4a.� mgcr�3ac�~am5`..'�.�nZ.mcmm� m 2p=�a maYG�sL�C? �Or(Y1VGi n"smo„y m�� 9 ad'LLQG. ocT9zcgl2oKycSnG�-ii'°`fN•"a'Q�cci3�Oc U i� zossg.>�_ — 0 a H r. -.i i} X i �4 0 r a �+ 0 o ar ra .:1 y •ri •, E C'tl N� GU+-C�U00� c � -z� O (� Oi � -•� E E U cu �G+ ri UiCkomW0O��4 C m U-,4 U k co v ai r H -4r> S4n-rQ - (U -4 JJEN Hc:''wGOS .0 -.JG ;4 G C r5 ::-I •r: L lJ p, w Z I C -i u N 'O cd [m :. U-0 0 AW O , � a N a•r� r y z 01 5G Tti 4 U W Ln - i C Zst•'i M a rt6 J '6 H110 O M o 0 f 110: �> •r ,1 0 0 .a a Z M cv 0 c) -ra .,q ra r• i .] w O 4] . U r� i C� rl •ri n U 7 U.t; .r{ • �:. >+ rS ul C> v rn H to C :a w r w O, Cr, S4 H r•+ c Y+ a r4-4 -,A�-i ^crs4 •>N� mud >c �4�1 a�a W W LL4 M 0- -'41-4 ^, ,SIL ? rt ti ".D OIT, a S•H<> a% G r> •m 4 -1r -i ii T I :n -a 0 w r i• G U a) a Si m CO 1 j 0 a H r. -.i Exhibit B SUMMARY OF PUBLIC HEARING WITH RESPECT TO EDUCATIONAL FACILITIES REVENUE AND REFUNDING BONDS FOR VIRGINIA WESLEYAN COLLEGE At 8:45 a.m. on April 17, 2007, the Chairman of the City of Virginia Beach Development Authority (the Authority) announced the commencement of a public hearing of the Authority in the conference room at its office located at 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, on the plan of finance of Virginia Wesleyan College (the College), whose business is located at 1584 Wesleyan Drive, Norfolk, Virginia 23502, for the issuance by the Authority of its educational facilities revenue and refunding bonds in an amount not to exceed $31,000,000 to assist the College (a) to finance the construction and equipping of six buildings consisting of four townhouse units to accommodate 96 student beds on the campus of the College at 5817 Wesleyan Drive, Virginia Beach, Virginia, (b) to refinance the outstanding principal balance of up to $23,000,000 of tax-exempt debt incurred by the College to finance the acquisition, construction and equipping on the College's campus of academic, administrative, services, athletic, maintenance and storage facilities, parking areas, dormitories, the Academic Village II, a business office, a book store, a student center/athletic complex and access roads to certain of such facilities (the Project), and (c) to finance the cost of issuing the Bonds. Caryl S. Johnson, Bond Counsel, spoke and disclosed to the Authority the nature of the financing plan, and then invited questions concerning the financing from members of the Authority. Cary Sawyer, Vice President of Finance of the College, answered questions concerning the expansion plans of the College and the need for additional student housing. No other comments being made by anyone from the public, the public hearing was closed at 9 a.m. :ODMA\PCDOCS\DOC SNFK\ 1212648\ 1 Exhibit C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the Authority), the request of Virginia Wesleyan College, a Virginia nonprofit, nonstock corporation (the College) the principal business address of which is 1584 Wesleyan Drive, Norfolk, Virginia 23502, for the issuance by the Authority of its educational facilities revenue and refunding bonds in an amount not to exceed $31,000,000 (the Bonds) to assist the College in (a) financing the construction and equipping of six buildings consisting of four townhouse units to accommodate 96 student beds on the campus of the College at 5817 Wesleyan Drive, Virginia Beach, Virginia, (b) ) refinancing the outstanding principal balance of up to $23,000,000 of tax-exempt debt incurred by the College to finance the acquisition, construction and equipping on the College's campus of academic, administrative, services, athletic, maintenance and storage facilities, parking areas, dormitories, the Academic Village II, a business office, a book store, a student center/athletic complex and access roads to certain of such facilities and (c) financing the cost of issuing the Bonds; and WHEREAS, the College in its appearance before the Authority and its application has described the benefits to the City of Virginia Beach, Virginia (the City), to be derived from the above described plan of finance and refinance (collectively hereinafter referred to as the Project) and has requested the Authority to agree to issue the Bonds under Chapter 643 of the Acts of Assembly of 1964, as amended (the Act) to finance the Project; and WHEREAS, a public hearing with respect to the above matters has been held on April 17, 2007, as required by Virginia law and Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code). BE IT RESOLVED BY THE CITY OF VIRGINIA DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the issuance of the Bonds for the Project will benefit the inhabitants of the City and promote their education, safety, health, welfare, convenience and prosperity. 2. The Authority hereby agrees to assist the College in the financing of the Project by undertaking the issuance of the Bonds upon terms and conditions to be mutually agreed upon between the Authority and the College. The College will execute and deliver a promissory note which will provide payments to the Authority sufficient to pay the principal of and premium, if any, and interest on the Bonds and to pay all other expenses in connection with the issuance of the Bonds and the Authority's administration thereof. The Bonds shall be issued in form and pursuant to terms to be set by the Authority, and the payment of the Bonds shall be secured by an assignment, for the benefit of the holders thereof, of the Authority's rights to payments under the promissory note. 3. It having been represented to the Authority that it is necessary to proceed immediately with the financing of the Project, the Authority hereby agrees that the College may take such steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the College to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Project. The Authority agrees that the College may be reimbursed from the proceeds of the Bonds for all expenditures so incurred by it beginning from the date that is 60 days prior to the date of this resolution and as otherwise approved by bond counsel and this resolution is intended to constitute a reimbursement resolution with respect to such expenditures within the meaning of Treasury Regulations Section 1.150 -2(d) -(f). 4. The Authority hereby agrees to the recommendation of the College that Kaufrnan & Canoles, P.C., be appointed as bond counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 5. The Authority hereby agrees, if requested, to accept the recommendation of the College with respect . to the purchase of the Bonds by a commercial bank or investment bank pursuant to terms to be mutually agreed upon. 6. All costs and expenses in connection with the financing plan shall be paid from the proceeds of the Bonds to the extent permitted by law or from funds of the College and the Authority shall have no responsibility therefor. 7. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bonds is hereby approved and confirmed. 8. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia (the Council), approve the issuance of the Bonds and hereby directs the Chairman or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by § 15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held by the Authority pursuant to §15.2-4906 of the Virginia Code on the date hereof, and a copy of this resolution. 9. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by a roll call vote of the commissioners of the City of Virginia Beach Development Authority at a meeting duly called and held on April 17, 2007, and that such resolution is in full force and effect on the date hereof. Dated: April NJ, 2007 :ODMA\PCDOCS\DOCSNFK\ 1203388\2 Secretary, City of Virginia Beach Development Authority 2 Exhibit D DISCLOSURE STATEMENT Date: April 10, 2007 Applicant's Name(s): Virginia Wesleyan College All Owners (if different from applicant): N/A Type of Application: Rezoning: From To Conditional Use Permit: Street Closure: Subdivision Variance: Other: Bond..A plication The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: See attached schedule. 2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/A The following is to be completed by or for the Owner (if different from the applicant) 1. , If the Owner is a CORPORATION, list all the officers of the Corporation: N/A 2. If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/A VIRGINIA WESLEYAN COLLEGE. By: Vice resident for inane Superintendent, Peninsula District United Methodist Church Newport News, Va. Roy E. Hendrix Real Estate Management Virginia Beach, Va. Charlene Payne Kammerer (ex officio) Presiding Bishop, Richmond Area United Methodist Church Glen Allen, Va. David Kaufman Founder & Senior Managing Director, Envest Virginia Beach, Va. Lemuel E. Lewis Executive Vice President, CFO, Landmark - Communications Norfolk, Va. John E. Lingo, Jr. Vice President, Jack Lingo Realty Lewes, Del. Frederick V. Martin Managing Director, Virginia Investment Counselors, Inc. Norfolk, Va. Daniel A. Mason President, VWC Alumni Board Master Property Claims Representative, Nationwide Insurance Virginia Beach, Va. Charles A. McFadden Executive Vice President, Max Media, Inc Virginia Beach, Va. E. George Middleton, Jr. Chairman, E.G. Middleton, Inc. Norfolk, Va. Emily S. Miles Public Relations Norfolk, Va. Jerrold L. Miller President, Earl Industries, Inc. Portsmouth, Va. Tassos J. Paphites Chairman and CEO, Burgerbusters, Inc. Virginia Beach, Va. Jeanne P. Ross Community Leader and Volunteer Virginia Beach, Va. William S. Shelhorse President, Chesapeake Bay Contractors, Inc. Virginia Beach, Va. Anne B. Shumadine President, Signature Financial Management Norfolk, Va. Susan Cougill Torma '72 Retired Principal Virginia Beach, Va. Mark Towe President and COO, Oldcastle Materials, Inc. Washington, D.C. John N. Vest (ex officio) Superintendent, Portsmouth District United Methodist Church Portsmouth, Va. Trustees Emeriti Jerry G. Bray, Jr.* Retired Judge Virginia Beach, Va. William J. Fanney *Deceased ::ODMA\PCDO CS\DOCSN FK\ l 206889\ 1 "RGINU BEACH Exhibit E Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757)385-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vbgov.com VIRGINIA WESLEYAN COLLEGE REVENUE BONDS The Authority recommends approval of the issuance and sale of revenue and refunding of bonds in a total amount not to exceed $31,000,000 for Virginia Wesleyan College. It is the finding of the Department of Economic Development that the additional improvements proposed for Virginia Wesleyan College located on Wesleyan Drive will benefit the citizens of Virginia Beach by providing additional higher educational facilities, and thereby meeting the public purpose test. Exhibit F FISCAL IMPACT STATEMENT SUBMITTED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 7. Estimated number of regular employees on year round basis (FTE) 2 8. Average annual salary per employee $46,000 Dated: April 17, 2007 CITY OF VIRGINIA BEACH DEVEL ENT AUTHORITY Ey: b. V I LQ— Chairman VIRGINIA WESLEYAN COLLEGE By: ice President r Finance :ODM A\PCDOCS\DOCSNFK\1212783\1 The undersigned applicant, in order to permit Virginia Wesleyan College to submit the following information in compliance with Section 15.2-4907 of the Code of Virginia of 1950, as amended, states: Name of applicant: Virginia Wesleyan College Facility: 5817 Wesleyan Road, Virginia Beach, VA 1. Maximum amount of financing sought $31,000,000 2. Estimated taxable value of facility's real property to be $7,000,000 constructed in the locality 3. Estimated real property tax per year using present tax rates N/A 4. Estimated personal property tax per year using present tax rates N/A 5. Estimated merchant's capital tax per year using present tax rates -0- 6. a. Estimated dollar value per year of goods that will be purchased From Virginia companies within the locality $770,887 b. Estimated dollar value per year of goods 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 $237,314 d. Estimated dollar value per year of services that will be purchased from non -Virginia companies within the locality $0 7. Estimated number of regular employees on year round basis (FTE) 2 8. Average annual salary per employee $46,000 Dated: April 17, 2007 CITY OF VIRGINIA BEACH DEVEL ENT AUTHORITY Ey: b. V I LQ— Chairman VIRGINIA WESLEYAN COLLEGE By: ice President r Finance :ODM A\PCDOCS\DOCSNFK\1212783\1 Exhibit G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY REVENUE BOND 1. PROJECT NAME: 2. LOCATION: 3.DESCRIPTION OF PROJECT: 4. 5. 6. AMOUNT OF BOND ISSUE: PRINCIPALS: ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed: C. If so, to what zoning classification? Virginia Wesleyan College 5817 Wesleyan Drive City of Virginia Beach, Virginia Financing new dormitory facility and refinancing academic, administrative, services, athletic maintenance and storage facilities, parking areas, dormitories, the Academic Village II, a business office, a book store, a student center/athletic complex and access roads to certain of such facilities. $31,000,000 See attached list of Trustees Yes No XX Real Estate Management Virginia Beach, Va. Charlene Payne Kammerer (ex officio) Presiding Bishop, Richmond Area United Methodist Church Glen Allen, Va. David Kaufrnan Founder & Senior Managing Director, Envest Virginia Beach, Va. Lemuel E. Lewis Executive Vice President, CFO, Landmark Communications Norfolk, Va. John E. Lingo, Jr. Vice President, Jack Lingo Realty Lewes, Del. Frederick V. Martin Managing Director, Virginia Investment Counselors, Inc. Norfolk, Va. Daniel A. Mason President, VWC Alumni Board Master Property Claims Representative, Nationwide Insurance Virginia Beach, Va. Charles A. McFadden Executive Vice President, Max Media, Inc. Virginia Beach, Va. E. George Middleton, Jr. Chairman, E.G. Middleton, Inc. Norfolk, Va. Emily S. Miles Public Relations Norfolk, Va. J-errold L. Miller President, Earl Industries, Inc. Portsmouth, Va. Tassos J. Paphites Chairman and CEO, Burgerbusters, Inc. Virginia Beach, Va. Jeanne P. Ross Community Leader and Volunteer Virginia Beach, Va. William S. Shelhorse President, Chesapeake Bay Contractors, Inc. Virginia Beach, Va. Anne B. Shumadine President, Signature Financial Management Norfolk, Va. Susan Cougill Torma'72 Retired Principal Virginia Beach, Va. Mark Towe President and COO, Oldcastle Materials, Inc. Washington, D.C. John N. Vest (ex officio) Superintendent, Portsmouth District United Methodist Church Portsmouth, Va. Trustees Emeriti Jerry G. Bray, Jr.* Retired Judge Virginia Beach, Va. William J. Fanney Retired Director and Chairman Emeritus, Life Savings Bank Virginia Beach, Va. Exhibit H man April 17, 2007 Mr. Donald V. Jellig Chairman Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Subject: Virginia Wesleyan College Bond Dear Don: Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757)385-6464 FAX (757) 499-9894 Website: www.vbgov.com The Department of Economic Development approves the issuance and sale of revenue and refunding of bonds in a total amount not to exceed $31,000,000 for Virginia Wesleyan College. It is the finding of the Department of Economic Development that the additional improvements proposed for Virginia Wesleyan College located on Wesleyan Drive will benefit the citizens of Virginia Beach by providing additional higher educational facilities, and thereby meeting the public purpose test. I will be happy to answer any questions you may have at our meeting. Sincerely, Mark R. Wawner Project Development Coordinator MRW:lls CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting that the Commonwealth of Virginia Adequately Fund the Virginia Beach Court Service Unit MEETING DATE: May 8, 2007 ■ Background: The Virginia Beach Court Service Unit serves the Juvenile and Domestic Relations District Court by facilitating the rehabilitation or treatment of at -risk youth who appear before the court. The Virginia Beach Court Service Unit has third largest caseload of at -risk youth and families in the state. Since 1988, the Court Service Unit has been under the control of the state. The City is responsible for providing the Court Service Unit with office space, furniture, telephones, and certain detention facilities, and City Council appropriated $2.265 million for this purpose during the current fiscal year. The state is responsible for providing funding for salaries, equipment, office supplies and maintenance. For several years, the state has provided an inadequate level of funding for salaries, which has resulted in the Court Service Unit experiencing a 79.6% turnover in staff in the past four -and -a -half years. ■ Considerations: The majority of current Court Service Unit staff members have two years or less experience. At -risk youth and complex family issues require experienced counselors, and difficulties in retaining and recruiting staff due to low state salaries negatively impact citizen service and at -risk youth and families. The attached resolution, which will be sent to both the local delegation to the General Assembly and the Virginia Department of Juvenile Justice, requests that the state adequately fund the Court Service Unit. ■ Public Information: This resolution will be advertised in the same manner as other City Council agenda items. ■ Attachments: Resolution. Requested by City Council 1 A RESOLUTION REQUESTING THAT THE 2 COMMONWEALTH OF VIRGINIA ADEQUATELY FUND 3 THE VIRGINIA BEACH COURT SERVICE UNIT 4 WHEREAS, the Virginia Beach Court Service Unit is a state agency and a unit of 5 the state's Department of Juvenile Justice; 6 7 WHEREAS, the Court Service Unit serves the Juvenile and Domestic Relations 8 District Court, which is also a state agency, by facilitating the rehabilitation or treatment 9 of those who come before the court; 10 11 WHEREAS, the Court Service Unit's functions include intake, investigation, 12 probation, after-care, and domestic care; 13 14 WHEREAS, the Virginia Beach Court Service Unit has the third largest caseload 15 of at -risk youth and families in the state; 16 17 WHEREAS, the City is responsible for providing the Court Service Unit with office 18 space, furniture, telephones, and certain detention facilities, and City Council 19 appropriated $2.265 million to the Court Service Unit for this purpose in the current 20 fiscal year; 21 22 WHEREAS, the state is responsible for providing funding for salaries, equipment, 23 office supplies and maintenance; 24 25 WHEREAS, the sub -standard level of funding provided by the state for salaries 26 has resulted in the Court Service Unit experiencing a 79.6% turnover in staff in the past 27 four -and -a -half years; 28 29 WHEREAS, at -risk youth and complex family issues require experienced 30 counselors, and difficulties in retaining and recruiting staff due to low state salaries 31 negatively impact citizen service and at -risk youth and families. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 1. That City Council hereby requests that the local delegation to the General 37 Assembly take any and all actions necessary to provide adequate funding for the 38 salaries of the state employees who staff the Court Service Unit. 39 40 2. That the City Clerk shall forward a copy of this resolution to each member 41 of the local delegation to the General Assembly and to the Department of Juvenile 42 Justice. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia on the 45 day of '2007. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA10388 V:\applications\citylawprod\cycom32\Wpdocs\D003\P002\00032623. DOC R-1 May 3, 2007 C` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Acquisition of an Approximately 8.32 Acre Site Located at 2433 and 2437 Salem Road (GPINs 1484-23-6232 and 1484-23- 8037) in the City of Virginia Beach for $785,000 from A.O.S. Properties, LLC MEETING DATE: May 8, 2007 ■ Background: A.O.S. Properties, LLC, a Virginia limited liability company ("A.O.S.") is the owner of two parcels of property located at 2433 and 2437 Salem Road (the "Property"). The Property is located in the Interfacility Traffic Area ("ITA"). City staff believes that the acquisition of this Property will achieve the City's commitment to: (1) meet and follow through on the adopted JLUS Plan and subsequent BRAC Response ordinances adopted on December 20, 2005; (2) potentially accommodate the necessary environmental e mitigation requirements help receive a favorableEIS document andsubseqent permits for the accomplish numerous Southeastern Parkway and Greenbelt; and (3) accom p environmental protection and documents n space objectives dopted by reference I ashpart adopted Comprehensive Plan and other Comprehensive Plan. ■ Considerations: This acquisition will prevent development in the Inter -facility Traffic Area. ■ Public Information: Advertisement of the City Council agenda. ■ Alternatives: Purchase the property or reject the offer to sell the property to the City. ■ Recommendations: Staff recommends that Council adopt the ordinance and authorize the purchase of the property from A.O.S. for $785,000 in accordance with the Summary of Terms attached to the ordinance. ■ Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval n� Submitting a artment/Ag cy: Public Works City Manag ' � ,s tot X:\Projects\CIP\ocean A Conformity & Acquisition (BRAC) CIP 9-060UTA\OWNERS\AOS Properties LLC\agenda.DOC 1 2 AN ORDINANCE TO AUTHORIZE THE 3 ACQUISITION OF AN APPROXIMATELY 8.32 4 ACRE SITE LOCATED AT 2433 AND 2437 5 SALEM ROAD (GPINS 1484-23-6232 AND 6 1484-23-8037) IN THE CITY OF VIRGINIA 7 BEACH FOR $785,000 FROM A.O.S. 8 PROPERTIES, LLC 9 10 11 WHEREAS, A.O.S. Properties, LLC, a Virginia limited liability 12 company ("A.O.S."), owns two parcels of real estate comprising a 13 total of 8.32 acres located at 2433 and 2437 Salem Road in the City 14 of Virginia Beach having a GPINS of 1484-23-6232 and 1484-23-8037 15 (collectively referred to as the "Property"); 16 17 WHEREAS, to help determine the potential value to the City in 18 acquiring the properties in the Inter -facility Traffic Area 19 ("ITA"), the ITA Committee was established. The ITA Committee is 20 comprised of representatives from the City Departments of Economic 21 Development, Management Services, Parks and Recreation, Planning, 22 Public Works/Real Estate, the City Attorney's Office, and the U.S. 23 Navy. The ITA Committee identified the Property as a parcel to be 24 considered for acquisition as part of the Joint Land Use Study 25 (JLUS) adopted in May of 2005; 26 27 WHEREAS, the Property is located within the 65-70dB noise 28 impact zone; 29 30 WHEREAS, the City Council of the City of Virginia Beach, 31 Virginia (the "City Council") is of the opinion that the acquisition 32 of the Property would further (1) the City's commitment to meet and 33 follow through on the adopted JLUS Plan and subsequent BRAC Response 34 ordinances, adopted on December 20, 2005, (2) the City's commitment 35 to accommodate necessary environmental mitigation requirements to 36 help receive a favorable EIS document and subsequent permits for the 37 Southeastern Parkway and Greenbelt, and (3) the City's commitment to 38 accomplish numerous environmental protection and open space 39 objectives as set forth in the adopted Comprehensive Plan and other 40 documents adopted by reference as part of the Comprehensive Plan; 41 42 WHEREAS, A.O.S. desires to sell the Property to the City of 43 Virginia Beach (the "City"); 44 45 WHEREAS, A.O.S. and City staff have worked with the City 46 Attorney to draft a Purchase Agreement that sets forth the 47 responsibilities and obligations of the parties upon terms and 48 conditions mutually agreeable to both parties; and 49 50 WHEREAS, funding for this acquisition is available in the 51 OCEANA & ITA CONFORMITY & ACQUISITION (CIP 9-060.002). 52 53 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 54 BEACH, VIRGINIA: 55 56 1. That the City Council authorizes the acquisition of the 57 Property by purchase pursuant to § 15.2-1800 of the Code of 58 Virginia (1950), as amended, which Property is more particularly 59 described on Exhibit "A" attached hereto. 60 61 2. That the City Manager or his designee is authorized to 62 execute on behalf of the City of Virginia Beach, a Purchase 63 Agreement for the Property, for the aggregate sum of $785,000 and 64 in accordance with the Summary of Terms attached hereto as Exhibit 65 "B". 66 67 3. That the City Manager or his designee is further 68 authorized to execute all documents that may be necessary or 69 appropriate in connection with the purchase of the Property, so 70 long as such documents are acceptable to the City Manager and the 71 City Attorney. 72 73 Adopted by the Council of the City of Virginia Beach, 74 Virginia, on the day of , 2007. CA10310 Date: April 27, 2007 R-1 X:\OID\REAL ESTATEAcquisitions\WORKING - DEEDS\ITA (DF6410)\AOS.Ordinance (3).DOC APPROVED AS TO CONTENT: Public Works/Real Estate APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office EXHIBIT B SUMMARY OF TERMS AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF AN APPROXIMATELY 8.32 ACRE SITES LOCATED AT 2433 AND 2437 SALEM ROAD (GPINS 1484-23-6232 AND 1484-23- 8037) IN THE CITY OF VIRGINIA BEACH FOR $785,000 FROM A.O.S. PROPERTIES, LLC OWNER: A.O.S. Properties, LLC, a limited liability company BUYER: City of Virginia Beach SALE PRICE: $785,000 PROPERTY DESCRIPTION: 1484-23-6232 - 2.07 Acres - 2433 Salem Road 1484-23-8037 - 6.25 Acres - 2437 Salem Road Total 8.32 Acres SETTLEMENT DATE: On or before May 31, 2007. V:\applications\citylawprod\rycom32\ W pdocs\D025\P002\00032102. DOC Prepared by PW.JEng.JEng. Suppor[ aervrces oure-rau 1 U,I °� atm Y•`O, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to declare certain City property excess and authorize the City Manager to execute an Agreement for the Exchange of Lands with the U.S. Fish & Wildlife Service to complete property acquisition for the Sandbridge Safety Improvements, CIP 2-067 MEETING DATE: May 8, 2007 ■ Background: The Sandbridge Safety Improvements Project, CIP 2-067 (the Project) was initiated on March 11, 2003 based on the results from the Sandbridge Corridor Improvement Study. City Council voted to approve the Ordinance to authorize Acquisition of Property by Agreement or Condemnation for the Project on December 14, 2004. Three of the four phases have been completed (see the attached Work Area Plan), however, the remaining phase requires the acquisition of property currently owned by U.S. Fish & Wildlife Service (USFWS). Because USFWS can not sell property, a land exchange is necessary to acquire the necessary properties. For the purposes of this land exchange, the City will be acquiring right-of-way and easements to re -align the existing alignment on Sandbridge Road. In exchange for these properties, the City will be providing USFWS with a subdivided parcel at the southern end of Sandpiper Road (just north of the Back Bay Refuge) in addition to a cash equalization payment of $23,881.00. This payment will account for the difference in land values between the City's property and the USFWS properties. These funds are available in the Project (CIP 2-067) budget. ■ Considerations: This project is located in the Princess Anne District. The land exchange and construction of the final phase (Phase 4) were endorsed by City Council on February 13, 2007. The work in Phase 4 was initiated under a Special Use Permit with the USFWS on February 19, 2007. That phase is approximately 60% complete. The attached location maps show the properties impacted by the roadway alignment and the property that the City is offering for purposes of the exchange. The attached Summary of Terms outlines the pertinent terms and conditions to finalize the land exchange agreement between the City and USFWS. ■ Public Information: Citizens Information Meetings were held on November 19, 2003 and May 5, 2004. USFWS also held a public meeting on September 20, 2005 to discuss the land exchange with the impacted residents in Sandbridge. Advertisement for public hearing as required by law and advertisement of City Council Agenda ■ Alternatives: If the land exchange is not approved, the Special Use Permit will have to be reauthorized, on a regular basis by USFWS, to cover the impacted sections in Phase 4. ■ Recommendations: Adopt the ordinance which declares the City's parcel of property excess and authorize the City Manager to execute the Agreement for the Exchange of Lands in accordance with the Summary of Terms attached hereto. ■ Attachments: Ordinance, Summary of Terms, February 13, 2007 Land Exchange Presentation (includes exhibits and location maps), Little Island Park Plat Recommended Action: Approval Submitting DepartmenVAgenlcy: Department of Public Works City Manager: 1 AN ORDINANCE TO DECLARE CERTAIN 2 PROPERTY EXCESS AND AUTHORIZE THE CITY 3 MANAGER TO EXECUTE AN AGREEMENT FOR THE 4 EXCHANGE OF LANDS WITH THE UNITED 5 STATES FISH AND WILDLIFE SERVICE 6 7 WHEREAS, the City Council of the City of Virginia 8 Beach has authorized and to P Sandbridgebridge Road Safety(the 9 Improvements, for 10 "Project"); 11 12 WHEREAS, in order to complete the Project, the 13 City must acquire certain property owned by the United States 14 Fish and Wildlife Service ("USFWS"); 15 16 WHEREAS, USFWS cannot sell its property, thus 17 necessitating a land exchange between USFWS and the City of 18 Virginia Beach to acquire the property needed for the Project; 19 20 WHEREAS, the City acquired ownership of a certain 21 parcel of real property (the "City Property")located adjacent to 22 the entrance to the USFWS Back Bay National Refuge in Deed Book 23 932, Page 32, and Deed Book 1146, Page 119, and shown on Exhibit 24 A_ attached hereto; 25 26 WHEREAS, the City Property will be exchanged for the 27 USFWS property needed to complete the Project; 28 WHEREAS, in addition to acquiring the City Property, 29 30 the USFWS will receive an equalization payment in the amount of 31 $23,881 as compensation for the difference in the appraised 32 value of the City Property and the USFWS property; and 33ent is 34 WHERAS, funding for the equalization payor 35 available in CIP-067. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 38 CITY OF VIRGINIA BEACH, VIRGINIA: 39 40 1. That the property shown as "Tract E-2 GPIN 2432- 41 80-6385" on the plat attached hereto as Exhibit A is hereby 42 declared to be in excess of the needs of the City of Virginia 43 Beach, and that the City Manager is hereby authorized to utilize 44 such property for a land exchange with the United States Fish 45 and Wildlife Service. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 2. That the City Manager is authorized to execute an Agreement for the Exchange of Lands with the United States Fish and Wildlife Service in accordance with the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Manager and the City Attorney. adoption. This ordinance shall be effective from the date of its Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 2007. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE—FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA10305 67 V: �applications\citylawprod\cycom32\Wpdocs\D019T002\00031904.DOC R-1 April 27, 2007 APPRO-YED AS TO CONTENT Public/Works APPROVED AS TO ; GAL SUFFICIENCY Law �. off' S Z aG�N1A uj t 2 40 m $ z $ 6 � W g � $ 9 lYJy i a •Bsye.� a � 4�e i R •eS.�' 8 i s .1-k I8f2 r •8f•yam � ,� �I,S,y y8 T L •S►•ETq I s 3 R2 s O +1 i W •Sd2,�•r/ O ci ° F 1 m C �9 , j m 1 N N N wo , n jgs ' 1 P v, $ • I M � $S8 j Clj •88.88" I �az N A c- 5 I � Lu I CJ tx�,o:r 3NV1 dVJ 311HN1 'm Pmt ' B a c� a I � 1 V I io 0in eq � t i a •Bsye.� a � 4�e nt R •eS.�' 8 i s B mn I;i� i ip S i RR L •S►•ETq I h W h AIWA uj • \ LU g 19 o u. UAW v p ! R W� N B L a h W h 3 R2 s O +1 O 4m 1 N U N wo , l-3 1�V211a 2 •88.88" I hva?Hush°---I`"I tx�,o:r 3NV1 dVJ 311HN1 'm Pmt ' B a I � 1 V AIWA uj • \ LU g 19 o u. UAW v S y - p �'. z s 5 p N B L a h W h 3 1 N U N N U 2 � V O S y - SUMMARY OF TERMS AGREEMENT FOR THE EXCHANGE OF EXCESS CITY PROPERTY LOCATED AT THE SOUTHERN END OF SANDPIPERANDBRIDGE ROAD AND WEST OF WILDLIFE SERVICE PARCELS LOCATED ON S SANDBRIDGE SHORES. USFWS Parcel GPIN Description Right -of- Permanent Easement PARCELS: way (acres) (acres) A 2413-85-6110 Near Flanagan's Lane 1.2488 B 2424-74-1531 Widegeon Lane 1.05 C 2433-12-7524 Tuna Lane -Back Bay 7.04 Cres D 2424-60-0887 Area 4 Sandbridge Rd, 0.167 0.3552 part of 2424-52-4073 E 2424-50-3161 Area 4 Sandbridge Rd 0.0256 F 2424-41-0371 Area 4 Sandbridge Rd 0.072 CITY PARCEL: Tract GP1N Description City Property (acres) E-2 2432-80-6385 Southern end of Little 1.245 Island Park SALE PRICE: This is a land exchange based on the following: USFWS Total Land Value: $32,909.00 City of Va. Beach Land Value: $12.451.00 Difference: $20,458.00 Additional Survey Cost: $ 3,423.00 (Split total costs with USFWS) Total Amount Due USFWS: $23,881.00 CLOSING The standard provision in the Agreement allows for closing within six (6) DATE: months after the Land Exchange Agreement is fully executed. However, it is anticipated that the closing will take place 60-90 days after the Agreement is fully executed. SPECIAL The City of Virginia Beach will pay U.S. Fish & Wildlife Service $23,881.00 TERMS AND as compensation for the difference between the appraised value of the City The money will be expended from CONDITIONS: property and the six USFWS properties. Safety Improvements project (CIP 2-067). the Sandbridge L i` O(D E CCS N O O Ocn Cll Cll E cn 0 o > � � - � � 4-5Cll CCS X4...0 cn.� o s- ooL-CM C) < tC3 CV � � � � � Q) c: E CL C: U � EO CY) tom' O m CCS X —0%v EU) SZ- ..� �o-�W4) >, (1) -1-a ca U. a a� 4- ,i O Cll (n Cll N CCS O CCS 3: n U n rY :DQ -0 CCS Q CCS Cn 0 N� ♦ ots od ,. N c cf0 ow N �oaa EL e N� Sana Flanagan's Lane —10 c6 C 7 �0 �� hw 06 r-0 ^�' 0 Q. N L I 0 L C cc S� r' c oo � .-. oCM._. v .-. o i.l- ^�.ca�Eco d 0 3 cE U� OU cm (u U V U) U GA 19 1 N Q, _ N T Q r N M I/ 16 -6 cc cc (6 (6 / O 9") H � S N Z o Q Q Q Q Q I N0 0 0 0 0 aim 9 Ap0 1, a � b easy ao .. vW M ••�q N Y + L N 'yf cc r M 0 U 4� 06 N iW Q. 0 - CL ♦ ots od cf0 ow N �oaa m �� e N� Sana Flanagan's Lane —10 Cfl � O N � � 0- X U cz W cn a � > O O M cn L D V L — � O cn m ca N a. cn cn in= J.. j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Sale of Excess City Property — 10 acres of property located at 3180 New Bridge Road in Virginia Beach to United States Fish & Wildlife Service MEETING DATE: May 8, 2007 ■ Background: The City acquired a 45.5 -acre property from Inez White in May 2006 for $1,925,070 through the City's Open Space Site Acquisition Program. The site is located at 3180 New Bridge Road, within the eastern -most part of the Transition Area. The site was acquired to preserve it from future development, with the possibility of conveying the eastern 10 +/- acres of the site to the U.S. Fish and Wildlife Service (USFWS) to expand Back Bay National Wildlife Refuge (BBNWR). In addition, the site has significant frontage along New Bridge Road that can serve as a segment of the Stumpy Lake to Back Bay Greenway. The non -wooded majority of the site is currently leased for agricultural purposes. The $1,925,070 that was used to acquire the property came from the $5 million designated within the Open Space Site Acquisition Program for acquisitions within the Agricultural Reserve Program eligible area of the City. The U.S. Fish and Wildlife Service has offered to purchase 10 acres of the Property located adjacent to its Back Bay National Wildlife Refuge for $500,000. It is recommended that the funds from the sale of the 10 -acre parcel be appropriated back to the Open Space Site Acquisition Program for future fee simple acquisitions in the Agricultural Reserve Program eligible area. ■ Considerations: The market value of the Property based on an approved appraisal is $50,000 per acre. Accordingly, City staff has recommended that the 10 acres of the Property located adjacent to the Back Bay National Wildlife Refuge be declared excess by City Council and sold to the U.S. Fish and Wildlife Service. ■ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Alternatives: Sell the property or retain ownership. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Council. Accept and appropriate $500,000 from the U.S. Fish and Wildlife Service to CIP Project #4-004, "Open Space Program Site Acquisition." ■ Attachments: Ordinance, Exhibit Plat, and Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Parks and Recreation City Manager: -Ook� V:\applicationskilylawprod,cyc=32\aol2TOOPO 0020202.DOC 1 AN ORDINANCE TO DECLARE CERTAIN 2 PROPERTY EXCESS OF THE CITY'S NEEDS, 3 AUTHORIZE THE CITY MANAGER TO DISPOSE 4 OF SAME, AND ACCEPT AND APPROPRIATE 5 $500,000 FROM THE U.S. FISH AND 6 WILDLIFE SERVICE TO CIP #4-004, "OPEN 7 SPACE PROGRAM SITE ACQUISITION" 8 9 WHEREAS, by Deed recorded in the Clerk's Office 10 of the Circuit Court of the City of Virginia Beach on June 1, 11 2006 as Instrument Number 20060601000831300 the City of Virginia 12 Beach acquired title in and to certain real property located at 13 3180 New Bridge Road in the City of Virginia Beach, Virginia; 14 and 15 16 WHEREAS, the United States Fish and Wildlife of 17 Service has offered h Exhibit A purchase10 hereto,acres for an amount subject of 18 property, shown on Ex 19 $500,000; and 20 Council is of the opinion that the 10 21 WHEREAS, City 22 acres of property shown on Exhibit A attached hereto is in 23 excess of the needs of the City of Virginia Beach. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 28 1. That the property shown on Exhibit A attache 29 hereto is hereby declared to be in excess of the needs of the 30 City of Virginia Beach, and that the City Manager is hereby 31 authorized to execute to Deed United ed other Sttdocuments es u Fish andssary to Wildlife 32 convey the property 33 Service. 34 35 2. That $500,000 from the United States Fish an 36 Wildlife Service is hereby accepted and appropriated to CIP 4- 37 004, Open Space Program Site Acquisition," with revenue from 38 the federal government increased accordingly. 39 40 This ordinance shall be effective from the date of its 41 adoption. 42 43 Adopted by the Council of the City of Virginia Beach, 44 Virginia, on the day of 2007. 45 APP VED AS TO CONTENT M gement Services CA10105 V:\applications\citylawprod\cycom32\ W pdocs\D02TP002\00032223. DOC R-3 April 27, 2007 APPROVED AS TO CONTENT C. Public Works APPROVED AS TO LE SUFFICIENC Law SUMMARY OF TERMS An Ordinance to declare certain property excess of the City's needs, authorize the City Manager to dispose of same, and accept and appropriate $500,000 from the U.S. Fish and Wildlife Service to CIP #4-004, "Open Space Program Site Acquisition." OWNER: BUYER: SALE PRICE: PROPERTY DESCRIPTION: SETTLEMENT DATE: City of Virginia Beach U.S. Fish and Wildlife Service $500,000.00 10 acres of parcel located at 3180 New Bridge Road GPIN 2413-71-0629 (entire parcel, new GPIN to be determined) To be determined SPECIAL TERMS AND CONDITIONS: • Monies received by City to be appropriated to CIP #4-004, Open Space Program Site Acquisition. V :\applications\citylawprod\cycom32\W pdocs\D025\PO02\00032102.DOC � . / C>j: 4► N O V ; } ce 168.19' 3 W = EXHIBIT "A" S 53 M i 3 24' E � r\ ry�� DM N/ Co co Oco/, QQ ^O I m(s) I 132.53—moi U �4 V , / �j�v co ` z CITY OF VIRGINIA BEACH m a "' / INST. NO. 20060601000831300Lu / GPIN 2413-82-8269 p N INST. NO. 20060127000149320 (PLAT) : �— S 12" 16, 48" W OLD GPIN 2413-71-0629 / 230.72' z / O codce > N, � S 12' 44' 00' W ' �� 82.40' 3431374.27 E = 12217668.51 2 OP 411 • 5 o. ; �C c� c) �-- BOUNDARY LINE AGREEMENT O A��A �/C oo%' . / C>j: 4► N O V ; D.B. P. INST. NO. ' o71 `r��i 40 °� M i 3 �2� ry�� DM N/ cp QQ ^O I m(s) NOW OR FORMERLY JOHN W. CROMWELL, JR. & / V ELIZABETH WINTERS CROMWELL D.B. 2940 PG. 1330 ` : m M.B. 160 PG. 34 / 17 to GPIN 2413-82-8269 N = 3430716.32 N 31.23'32° W E . 12217558.41 72.79' �� 9677' 31 ' 2 N 12• �� 1'3— 6� w '—S 08566' 39" W 28 , j' 1 100. 00 4 r 24.08' T 19 S 00.46'35" W 119.22' 14. N 77.31 264 .w N 79.02'39' W NOW OR FORMERLY --�� 101-00' UNITED STATES OF AMERICA ' U.S. FISH & WILDLIFE SERVICES D.B. 3345 PG. 873 M.B. 233 PG. 23 EXHIBIT DRAWING GPIN 2412-79-7730 OF A PARCEL OF LAND TO BE CONVEYED TO GRAPHIC SCALE I" = 200' UNITED STATES OF AMERICA U.S. FISH & WILDLIFE SERVICES BY 0' 200' 400' THE CITY OF VIRGINIA BEACH f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize acquisition tersecfion Imerty n rovements Projectright (CIP 2 for the Princess Anne Road/Kempsville Road In p 048) and the acquisition of temporary and permanent easements, either by agreement or condemnation. MEETING DATE: May 8 2007 ■ Background: The Princess Anne Road/Kempsville Road Intersection Improvements Project (the "Project") is an Urban Construction Initiative ("First Cities") project. The purpose of the Project is to construct additional tum lanes to increase capacity of the intersection, eliminate current congestion problems, meet future traffic capacity demands, and improve traffic flow in the area. The recommended alignment from the Corridor Study was adopted by City Council (April 25, 2006) and the Commonwealth Transportation Board. ■ Considerations: The design phase is complete and following approval of this Ordinance, the right of way acquisition process will begin. Right of way and easements are required from 94 parcels, 22 of which require acquisition of the entire parcel. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. ■ Public Information: A Location and Design Public Hearing for both the Princess Anne Road/Kempsville Road Intersection Improvements Project and the Witchduck Road Phase I Project was held on February 23, 2006 to update citizens on the traffic and environmental studies and to receive comments on the location and major design features of the intersection and roadway projects. There were approximately 300 citizens in attendance. A total of 19 written and oral comments were received. Of those who attended and responded, an overwhelming majority were in favor of the project. Advertisement for public hearing as required by law and advertisement of City Council Agenda. ■ Alternatives: Approve the ordinance as presented or deny the request for authority to acquire, by agreement or condemnation, the property and easements associated with the Project. IN Recommendations: Approve the request for authority to acquire, by agreement or condemnation, the property and easements associated with the Project ■ Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate r&-,' D AL City Manager: l< , X:\Projects\CIp Projects\ ess Anne Rd.-Kempsville Rd. Inter. Impr. 2-048\15 -COUNCIL\Agenda 03-14-07.Frm.doc I AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR RIGHT OF WAY FOR THE 4 PRINCESS ANNE ROAD/KEMPSVILLE ROAD 5 INTERSECTION IMPROVEMENTS PROJECT 6 (CIP 2-048) AND THE ACQUISITION OF 7 TEMPORARY AND PERMANENT EASEMENTS, 8 EITHER BY AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia a public necessity exists for the construction of 11 Beach, Virginia, improve transportation within the 12 this important roadway project to of 13 City and for other related public purposes comfort for the convenience,preservation and 14 the safety, health, peace, g ood 15 for the welfare of the people in the City of Virginia Beach. 16 OF 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 VIRGINIA BEACH, VIRGINIA: 19 20 Section 1. That the City Council authorizes the acquisition pursuant to Sections 15.2-1901, et 21 by purchase or condemnation 22 seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of 23 Virginia of 1950, as amended, of all that certain real property in 24 fee simple, including temporary and permanent easements and entire 25 tracts upon which such rights of way or easements shall be located, 26 within the limitations and conditions of Section 33.1-91 shownof the 27 Code of Virginia of 1950, as amended (the "Property"), 28 the plans entitled "PRINCESS ANNE ROAD/KEMPSVILLE ROAD INTERSECTION 29 IMPROVEMENTS, CIP # 2-048, STATE PROJECT NO. 0165-134-107 RW -201, 30 C501 FHWA PROJECT NO. STP -5403(593)" (the "Project") and more 31 specifically described on the acquisition plats for the Project 32 (plats and plans collectively referred to as the "Plans"), the 33 Plans being on file in the Engineering Division, Department of 34 Public Works, City of Virginia Beach, Virginia. 35 36 Section 2. That the City Manager is hereby authorized to make 37 or cause to be made on behalf of the City of Virginia Beach, to the ers 38 extent that funds are available, a reasonable offer to the fefused,�the 39 or persons having an interest in said Property. 40 City Attorney is hereby authorized to institute proceedings to 41 condemn said Property. 42 43 Adopted by the Council of the City of Virginia 82007. 44 Virginia, on the day of CA10299 V:\,ppli=i..,,i,ybwp,.d\,,om32\Wpd.m\DO t 9\P002\00030088.DOC R-1 PREPARED: 4/11/07 APPROVED AS TO CONTENT fS C . 0�15G a =jc, P DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM rm,remi�mm i Projects\Princess Anne Rd.-Xempsville Rd. Inter. Impr. 2-048\15 -COUNCIL\Ordinance for Projects that Include Entire Takes 02-05-07.doc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize acquisition of property in fee simple for right-of-way for Witchduck Road Improvements Project (CIP 2-931), and the acquisition of temporary and permanent easements, either by agreement or condemnation. MEETING DATE: May 8, 2007 ■ Background: The Witchduck Road Improvements Project (Phase 1) (the "Project") is an Urban Construction Initiative (First Cities) project. The purpose of this Project is to construct a newly aligned six -lane divided roadway from Bonney Road to Interstate 264. Properties will be purchased along both sides of the existing alignment, thereby eliminating multiple driveways, which currently impair traffic flow and create unsafe situations for residents and motorists. Multipurpose paths will be provided along both sides of the widened right-of-way. Witchduck Road Phase I will be constructed along the current alignment and will complement and enhance the upcoming Princess Anne Road/Kempsville Road Intersection Improvements Project, CIP 2- 048. ■ Considerations: The design phase is complete and appraisals of the properties are currently underway. Right of way and easements are required from 40 parcels; 33 of which require acquisition of the entire parcel. The Project will require the relocation of 31 households and 3 businesses. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. ■ Public Information: A Location and Design Public Hearing for both the Witchduck Road Phase I Project and the Princess Anne Road/Kempsville Road Intersection Improvements Project was held on February 23, 2006 to update citizens on the traffic and environmental studies and to receive comments on the location and major design features of the intersection and roadway projects. There were approximately 300 citizens in attendance. A total of 19 written and oral comments were received. Of those who responded, a majority were in favor of the Project. Advertisement for public hearing as required by law and advertisement of City Council Agenda. ■ Alternatives: Approve the ordinance as presented or deny the request for authority to acquire, by agreement or condemnation, the property and easements associated with the Project. ■ Recommendations: Approve the request for authority to acquire, by agreement or condemnation, the property and easements associated with the Project. ■ Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Age cy: Public Works/Real Estate �1,1 PRD City Manag : �L \ ' X:\Proiects\CIP Project Wit duck Rd. Phase I CIP 2- \Agenda Package\Agenda.doc 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR RIGHT-OF-WAY FOR 4 WITCHDUCK ROAD IMPROVEMENTS 5 PROJECT(CIP 2-931) AND THE 6 ACQUISITION OF TEMPORARY AND 7 PERMANENT EASEMENTS, EITHER BY s AGREEMENT OR CONDEMNATION 9 10 11 WHEREAS, in the opinion of the Council of the City of Virginia .12 Beach, Virginia, a public necessity exists for the construction of 13 this important roadway project to improve transportation within the 14 City and for other related public purposes for the preservation of 15 the safety, health, peace, good order, comfort, convenience, and 16 for the welfare of the people in the City of Virginia Beach. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 Section 1. That the City Council authorizes the acquisition 22 by purchase or condemnation pursuant to Sections 15.2-1901, et 23 seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of 24 Virginia of 1950, as amended, of all that certain real property in 25 fee simple, including temporary and permanent easements and entire 26 tracts upon which such rights of way or easements shall be located, 27 within the limitations and conditions of Section 33.1-91 of the 28 Code of Virginia of 1950, as amended (the "Property"), as shown on 29 the plans entitled "WITCHDUCK ROAD IMPROVEMENTS, CIP #2-931 • STATE 30 PROJECT NO. U000-134-174, RW -201, C-501 • FHWA PROJECT NO. STP - 31 5403(662)" (the "Project") and more specifically described on the 32 plans and acquisition plats for the Project being on file in the 33 Engineering Division, Department of Public Works, City of Virginia 34 Beach, Virginia. 35 36 Section 2. That the City Manager is hereby authorized to make 37 or cause to be made on behalf of the City of Virginia Beach, to the 38 extent that funds are available, a reasonable offer to the owners 39 or persons having an interest in said Property. If refused, the 40 City Attorney is hereby authorized to institute proceedings to 41 condemn said Property. 42 43 Adopted by the Council of the City of Virginia Beach, 44 Virginia, on the day of f 2007. CA10289 R-1 V :\applications\citylawprod\cycom32\ Wpdocs\D008\P004\00029505. DOC PREPARED: 02/07/07 APPROVED AS TO CONTENT (. O Js GNATURE P2 kEd Fd6 DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 14C , J, L' CITY ATTORNEY ca n� m m U N W CL Q 7 co w cm C w A a a� co Q m CL � Z> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 36-96 and 36-127 of the City Code Pertaining to Taxicab Reciprocity MEETING DATE: May 8, 2007 ■ Background: The City Code currently provides that taxicabs licensed in a locality other than Virginia Beach may operate in the City if such operation is pursuant to a "public agency contract." Such operation is allowed regardless of whether the locality in which the taxicab is licensed extends the same privilege to Virginia Beach taxicabs. Three area localities, by ordinance, allow a taxicab that is licensed in another locality (such as Virginia Beach) to pick up fares in their locality, so long as the licensing locality extends the same privilege to taxicabs from other localities. This concept is referred to as "reciprocity." The three area localities are Newport News, Portsmouth, and Suffolk. Newport News's reciprocity is limited to pickups under contract or that have been prearranged. Portsmouth's and Suffolk's reciprocity applies only when a taxicab licensed in another locality has taken a fare originating in the taxicab's own locality into Portsmouth or Suffolk (respectively). Such taxicabs may then pick up a fare from Portsmouth or Suffolk and transport the fare back to the locality in which the taxicab is licensed. For example, if Virginia Beach adopts a reciprocity provision, a Virginia Beach taxicab could transport a fare from Virginia Beach to Portsmouth and then take a Portsmouth fare back to Virginia Beach. Most often, the "return fare" will be the same customer. ■ Considerations: This ordinance will delete the public agency agreement provisions, effective sixty days after adoption of the ordinance. The ordinance also will allow taxicabs from Newport News, Portsmouth, and Suffolk to operate in Virginia Beach. If in the future another area locality enacts a reciprocity agreement, City staff can return to Council with an amendment that would add that additional locality. Listing the localities by name in the ordinance avoids confusion and assists law enforcement officers in determining which non -Virginia Beach taxicabs may pick up Virginia Beach fares. This ordinance also provides that a taxicab licensed in another locality will charge the rates prescribed by the city or county in which they are licensed when transporting a fare from outside of the City into Virginia Beach or when transporting a fare from Virginia Beach directly to a location outside of the City. If the taxicab is transporting a fare from one location in Virginia Beach to another location within the City, the taxicab must charge the same rates that are required of taxicabs licensed in Virginia Beach. ■ Public Information: Council was briefed on this issue during the Informal Session on April 10, 2007. A public hearing was held on May 1, 2007. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency:Management Services City Manag 1 AN ORDINANCE TO AMEND SECTIONS 36- 2 96 AND 36-172 OF THE CITY CODE 3 PERTAINING TO TAXICAB RECIPROCITY 4 5 SECTIONS AMENDED: §§ 36-96 AND 36-172 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Sections 36-96 and 36-172 of the Code of the City of Virginia Beach, 11 Virginia, are hereby amended and reordained to read as follows: 12 13 Sec. 36-96. Required; reciprocity. 14 15 (a) It shall be unlawful for any person to operate or cause to be operated, 16 within the City, any taxicab, unless a certificate thereof has been issued to the owner 17 thereof in accordance with the provisions of this divisioner --in„e6s the taxi ab ,r, being 18 epeFated puFsuant to a GGRtFart with a publia- Gepy ef whiGh shall be kept 19 _ . I GORtFaGt may be filed with the, 20 , 21 " . 22 th�. Nothing contained herein shall prohibit a taxicab duly licensed in another city or 23 county from delivering a passenger to some location in this city, provided the passenger 24 was picked up outside the limits of this city and the taximeter is in operation while any 25 such taxicab is in operation in this city. 26 27 (b) Notwithstanding the provisions of the prior subsection, a person may 28 operate or cause to be operated, within the City, any taxicab that is duly licensed in one 29 or more of the following localities, which by ordinance provide for reciprocity: 30 Newport News 31 Portsmouth 32 Suffolk 33 34 COMMENT 35 36 This amendment removes the authorization for taxicabs not licensed in Virginia Beach to 37 operate in the City pursuant to a public agency contract. A new provision has been added that 38 authorizes taxicabs licensed in Newport News, Portsmouth, or Suffolk to operate in Virginia Beach. 39 Those three localities by ordinance currently permit Virginia Beach taxicabs to operate in their 40 cities under certain circumstances detailed in the agenda request form. 41 42 43 Sec. 36-172. Maximum rates for taxicabs. 44 45 (a) No person owning, operating, controlling or driving a taxicab within the city 46 shall charge an amount to exceed the following rates of fare: 47 48 (1) For the first one-eighth of a mile or fraction thereof ... $ $2.25 49 (2) For each succeeding one-eighth of a mile or fraction thereof ... 0.25 50 (3) Trunk charge ... 0.50 51 (4) For each minute of waiting time ... 0.25 52 53 If hired on an hourly basis, the rate of thirteen dollars and eighty cents ($13.80) per hour 54 shall apply. 55 56 (b) Notwithstanding the provisions of this section, taxeGabs bFi 57 any person who pursuant to section 36-96 of this 58 Code operates in the City a taxicab that is duly licensed in another locality while (i) 59 transporting a fare from outside of the City into the City or (ii) transporting a fare from 60 the City directly to a destination outside of the City shall charge the rates prescribed by 61 the city or county in which they are licensed. 62 63 (c) Any application for a fare increase under this section shall include 64 justification for such fare increase and such financial and operating information as may 65 be requested by the city manager. The city council shall hold a public hearing before 66 acting on any such application for a fare increase, after public notice for at least ten (10) 67 days. 68 69 COMMENT 70 71 This amendment provides that a taxicab that is licensed in another locality and is operating 72 in the City pursuant to City Code § 36-96 (above) shall charge the rates prescribed by the city or 73 county in which they are licensed if the taxicab is (i) transporting a fare from outside the City into 74 the City or (ii) is transporting a fare from the City directly to a destination outside of the City. If 75 the taxicab picks up a fare in Virginia Beach and transports the fare to another location within the 76 City, the taxicab must charge the rates set forth in subsection (a), which are the same rates that 77 taxicabs licensed in Virginia Beach must charge. 78 79 80 BE IT FURTHER ORDAINED that the amendment to City Code § 36-96(a) shall 81 become effective sixty (60) days after adoption of this ordinance. 82 83 COMMENT 84 85 This provision provides that the elimination of the public agency contract provisions in City 86 Code § 36-96(a) shall not take effect until sixty days after adoption of this ordinance. That delay 87 will enable affected agencies time to make alternative arrangements. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: VanaggerAnt q6ervices City Attorney's Offic APPROVED AS TO CONTENT: CA10366 R-7 May 2, 2007 soar"'��;'> (a� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Sponsorship Agreement with the Patriotic Festival, LLC MEETING DATE: May 8, 2007 ■ Background: The Patriotic Festival, LLC has scheduled its Third Annual Patriotic Salute and Celebration ("the Celebration") for June 1-3, 2007. City Council has financially supported the Celebration in previous years, and the Celebration includes festive activities, musical entertainment, and other events in appreciation for our nation's military service members. This year, the Patriotic Festival, LLC has requested that the City co-sponsor the event by providing a $200,000 grant and a $50,000 loan, along with the provision of City services in support of the Celebration. ■ Considerations: The FY 2006-07 Convention and Visitors Bureau budget includes funding for the grant. The attached Sponsorship Agreement provides that the City will grant $200,000 to the Patriotic Festival, LLC for procuring and producing entertainment. The City also will provide a $50,000 loan for event expenses and will coordinate the provision of normal base -level City services such as police and paramedic services, trash removal, and the maintenance of public areas. Finally, as in the past, the Convention and Visitors Bureau will provide funding from the Tourism Advertising Program ("TAP") Fund for out -of -area marketing and advertising. This year CVB intends to expend $15,000 for that purpose. The Sponsorship Agreement requires the Patriotic Festival, LLC to raise a minimum of four hundred thousand dollars ($400,000) in private -sector sponsorship funds to be used in direct support of the Celebration. The Patriotic Festival, LLC also must repay the $50,000 loan from its share of the revenue generated by concession and merchandize sales. Unlike prior Celebrations, at this year's event, there will be no charge for tickets for the musical entertainment. ■ Public Information: Public Information will be provided through the normal process of advertising the Council's agenda. ■ Attachments: Ordinance and Summary of Terms Recommended Action: Approval Submitting Department/Aency: Convention and Visitors Bureau City Manag S , `` 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A SPONSORSHIP 3 AGREEMENT WITH THE PATRIOTIC FESTIVAL, 4 LLC 5 6 WHEREAS, the City Council adopted an ordinance in 2005 7 authorizing the City of Virginia Beach ("City") to enter into a 8 Memorandum of Understanding ("MOU") with the Patriotic Festival, 9 LLC, a Virginia limited liability company with 501 (c)(3) status 10 that was organized to further the charitable purposes of its 11 sole member, USO of Hampton Roads, Inc., to bring the Second 12 Annual Patriotic Salute and Celebration to fruition on Memorial 13 Day weekend 2006; 14 15 WHEREAS, the City again wishes to express its wholehearted 16 support and sincere appreciation and admiration for our nation's 17 military for their bravery in protecting America's freedoms; 18 19 WHEREAS, in furtherance of that objective, the City desires 20 to co-sponsor an event to honor the military by providing 21 festive activities and musical entertainment on June 1, 2007 22 through June 3, 2007, to be known as the Third Annual Patriotic 23 Salute and Celebration ("Event"); 24 25 WHEREAS, City Council appropriated funding for the Event in 26 the FY 2006-07 Convention and Visitors Bureau budget; and 27 28 WHEREAS, the City and the Patriotic Festival, LLC have 29 agreed to terms and conditions describing each party's 30 responsibilities, as set forth in the Sponsorship Agreement. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 33 OF VIRGINIA BEACH: 34 35 That the City Manager is hereby authorized and directed to 36 execute the Sponsorship Agreement between the City and the 37 Patriotic Festival, LLC for the production of the Third Annual 38 Patriotic Salute and Celebration. 39 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia on the day of , 2007. CA10387 May 2, 2007 R-3 Approved as to Legal Sufficiency: City Attorney' Office SPONSORSHIP AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND PATRIOTIC FESTIVAL, LLC SUMMARY OF TERMS Purpose: In honor of the military community, the City desires to provide a grant to facilitate a celebration for the military on June 1, 2007 through June 3, 2007, to be known as the Third Annual Patriotic Salute and Celebration ("Event"). Parties: City of Virginia Beach ("City") Patriotic Festival, LLC ("Producer") Responsibilities and Rights of the City: • Provide a $200,000 grant to the Producer to procure and produce entertainment for the Event ("Sponsorship Grant"). Producer has no obligation to repay the Sponsorship Grant. • Provide $50,000 to the Producer to be used for event expenses ("Event Expenses Funding"). Producer is obligated to repay the City up to $50,000 for the Event Expenses Funding. Producer will repay the City from the Producer's share of the revenue generated by concession and merchandise sales. If the revenue generated by concession and merchandise sales is less than $50,000, Producer is only obligated to repay an amount equivalent to its share of revenue generated by concession and merchandise sales. • Convention and Visitors Bureau -shall expend $15,000 on out -of -market promotion, advertising and marketing for the Event. • Coordinate the provision of normal base level City services such as police and paramedic services, trash removal, and the maintenance of public areas. • City shall have the right to audit all books and records of Producer relating to the Agreement. Responsibilities of Producer: • Organize, plan, initiate, promote, conduct or otherwise provide managerial, operational, and logistical support for the Event including, site preparation; stage construction and breakdown; providing stage security; setting up and removing lighting and sound systems; providing generators for electrical power in connection to operating the stage, sound systems, and lighting systems; and providing marketing and promotional activities. • Secure all necessary permits required by federal, state or local statutes, ordinances and regulations, including special event permits. • Secure liability and event interruption/cancellation insurance. • Procure, negotiate and book the entertainment. • Producer shall raise a minimum of four hundred thousand dollars ($400,000) in private - sector sponsorship solicitations to be used in direct support of the Event. • Producer shall maintain books and records for the duration of the Agreement and for at least three years following the completion of the Agreement. • Producer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the Producer. • Producer shall repay to the City the Event Expenses Funding as set forth above. DR N LOCATION MAP SHOWING o ENCROACHMENT REQUESTED BY GERALD T. AND JANE E. EDWARDS FOR A PROPOSED PIER AND BOATLIFT GPIN 1499-98-7967 I 0 100 200 400 Feet Prepared by P.W./Eng./Eng. Support Services Bureau 5/18/06 X:\Projects\ARC Files\Agenda Maps\Broad Bay Rd •�'^ '977 <`�• „�, Ali CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as West Canal, located at the rear of 2313 Broad Bay Road, for Gerald T. and Jan E. Edwards. MEETING DATE: May 87 2007 ■ Background: Gerald T. and Jan E. Edwards have requested permission to re -construct and maintain a pier and to construct and maintain a boatlift and rip rap revetment in a portion of City property known as West Canal, located at the rear of 2313 Broad Bay Road, Virginia Beach, Virginia. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in West Canal with approved permits. On September 18, 2006, Mr. and Mrs. Edwards' permit was approved by the Wetlands Board. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Location Map and Pictures Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manage . V01 - i A k, 1 Requested by Department of Public Works 2 3 4 AN ORDINANCE TO AUTHORIZE 5 TEMPORARY ENCROACHMENTS INTO 6 A PORTION OF CITY PROPERTY 7 KNOWN AS WEST CANAL, LOCATED 8 AT THE REAR OF 2313 BROAD BAY 9 ROAD, FOR GERALD T. AND JAN 0 E. EDWARDS 13 WHEREAS, Gerald T. and Jan E. Edwards desire to re - 14 construct and maintain a pier and to construct and maintain a 15 boatlift and rip rap revetment in a portion of City property 16 known as West Canal, located at the rear of 2313 Broad Bay Road, 17 Virginia Beach, Virginia. 18 WHEREAS, City Council is authorized pursuant to §§ 15.2- 19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 20 authorize temporary encroachments upon the City's property 21 subject to such terms and conditions as Council may prescribe. 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof 25 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 26 as amended, Gerald T. and Jan E. Edwards, their heirs, assigns 27 and successors in title are authorized to re -construct, 28 construct, and maintain temporary encroachments for a pier, a 29 boatlift and rip rap revetment in a portion of City property 30 known as West Canal as shown on the map labeled Exhibit "A" and 31 entitled: "PLAN VIEW SCALE: 1"=30' JERRY EDWARDS 2313 BROAD BAY 32 ROAD, VIRGINIA BEACH, VA 23451," a copy of which is on file in 33 the Department of Public Works and to which reference is made 34 for a more particular description; and 35 BE IT FURTHER ORDAINED, that the temporary encroachments 36 are expressly subject to those terms, conditions and criteria 37 contained in the Agreement between the City of Virginia Beach 38 and Gerald T. and Jan E. Edwards (the "Agreement"), which is 39 attached hereto and incorporated by reference; and 40 BE IT FURTHER ORDAINED, that the City Manager or his 41 authorized designee is hereby authorized to execute the 42 Agreement; and 43 BE IT FURTHER ORDAINED that this Ordinance shall not be in 44 effect until such time as Gerald T. and Jan E. Edwards and the 45 City Manager or his authorized designee execute the Agreement. 46 Adopted by the Council of the City of Virginia Beach, 47 Virginia, on the day of 1 2007. A CA -10291 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10291 Edwards Revised Ordinance.doc V :\applications\citylawprod\cycom42\ W pdocs\DO28\POO I \00028988.DOC R-1 PREPARED: 4/3/07 APPROVED AS TO CONTENTS SIGIATURE Pik) RCA) ca-ai' PUBLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL ICIE CY AND FORM C T ATTORNEY • iii �}'�� r�, i / 4 ZAP I Ir �� x � � ; � � „i; � �+� , SGS ��► � < � � �, A,, 9 a c PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE Exemption Pursuant to Section 58.1-811(C )(4) THIS AGREEMENT, made this 19 day of March, 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and GERALD T. EDWARDS and JAN E. EDWARDS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "93", as shown on plat entitled, "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale 1"= 100' FEBRUARY 1958" and said plat is recorded in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia, in Map Book 45 at Page 37, and being further designated and described as 2313 Broad Bay Road, Virginia Beach, Virginia 23 45 1; WHEREAS, it is proposed by the Grantee to re -construct and maintain a pier and to construct and maintain a boatlift and rip rap revetment, collectively the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City property known as West Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. GPIN 1499-98-7967-0000 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PLAN VIEW SCALE 1'= 30' JERRY EDWARDS 2313 BROAD BAY ROAD, VIRGINIA BEACH, VA 23451," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing or ordering the Grantee to remove all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all N claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the location, construction, or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 3 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Gerald T. Edwards and Jan E. Edwards, the said Grantee, have caused this Agreement to be executed by their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 4 (SEAL) ATTEST: City Clerk. Rt ' % ✓' ,M Gerafd"T: Edwards Jan/F-. Edwards STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2007, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2007, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: G Notary Public STATE OF V/A CITY/COUNTY OF &eacO , to -wit: The foregoing instrument was acknowledged before me this day of March , 2007, by Gerald T. Edwards. Notary Public My Commission Expires: �aA 7 STATE OF Oa CITY/COUNTY OFy-t Scac, , to -wit: The foregoing instrument was acknowledged before me this l % day of 2007, by Jan E. Edwards. My Commission Expires: aL. 3/, dZd APPROVED AS TO CONTENTS SIGt ATURE DEPARTMENT Co Notary Public APPROVED AS TO LEGAL SUFFICIENCY AND FORM Exi.:ibit "A" 1-31 POOL L APOSE: ., EROSION CONTROL ACCESS AMM; M.I.M. 0.00 DJACENT PROPERTY OWNERS; Icox j POWERS i AANfrAMS l 57'OlZ ' 1?E5/0e1466 N'59°12 "46" . /25 . o " SCALE: 1" = 3o' JERRY EDWARDS 2313 BROAD BAY ROAD VIRGINIA BEACH, VA 23451 2M ....wa r.r.�..ou.r IN; CATIAL OFF LONG CREEKII ROAD BAY AT: SAY ISLAND CRY VIRGINIA BEACH STATE: VIRGINIA pgV. S-/7 OCA DATE'. H. VIRGINIA 23703 TEL. 767-46 ."2277 i �Iro 20i Z2 AR 991XAI,�A 3�I 14.Br4G1-1-/-// 20 melAT 1-31 POOL L APOSE: ., EROSION CONTROL ACCESS AMM; M.I.M. 0.00 DJACENT PROPERTY OWNERS; Icox j POWERS i AANfrAMS l 57'OlZ ' 1?E5/0e1466 N'59°12 "46" . /25 . o " SCALE: 1" = 3o' JERRY EDWARDS 2313 BROAD BAY ROAD VIRGINIA BEACH, VA 23451 2M ....wa r.r.�..ou.r IN; CATIAL OFF LONG CREEKII ROAD BAY AT: SAY ISLAND CRY VIRGINIA BEACH STATE: VIRGINIA pgV. S-/7 OCA DATE'. H. VIRGINIA 23703 TEL. 767-46 ."2277 i Prepared by P.W./Eng./Eng. Support Services Bureau 9/26/06 X:\ProjectsWRC FilesWgenda Maps\DEWBERRY LA\DEWE . 'h r��,�� f �� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City right of way known as Dewberry Lane, by Dewberry Farm Community Association, Inc., a non -stock corporation of the Commonwealth of Virginia. MEETING DATE: May 8, 2007 ■ Background: Dewberry Farm Community Association, Inc., a non -stock corporation of the Commonwealth of Virginia, has requested permission to maintain an existing landscaping and a subdivision identification sign and to install and maintain a 4" water and a 2" electric conduit for irrigation and electric service within the City's right of way known as Dewberry Lane. None of the proposed encroachments will be located in the right of way of Indian River Road. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. Similar encroachments, serving communities throughout Virginia Beach, have been in existence for many years. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate Qj4-, PAO City Manager: J` 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF THE CITY RIGHT OF 6 WAY KNOWN AS DEWBERRY LANE, BY 7 DEWBERRY FARM COMMUNITY 8 ASSOCIATION, INC., A NON -STOCK 9 CORPORATION OF THE COMMONWEALTH 10 OF VIRGINIA 11 12 WHEREAS, Dewberry Farm Community Association, Inc., a non - 13 stock corporation of the Commonwealth of Virginia, desires to 14 maintain existing landscaping and subdivision identification sign 15 and to construct and maintain a 4" water and a 2" electrical 16 conduit for irrigation and electric service within a portion of 17 the City's right of way known as Dewberry Lane. 18 19 WHEREAS, City Council is authorized pursuant to H 15.2-2009 20 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize 21 temporary encroachments upon the City's right of way subject to 22 such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That pursuant to the authority and to the extent thereof 28 contained in H 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 29 as amended, Dewberry Farm Community Association, Inc., its, 30 assigns and successors in title are authorized to maintain 31 existing landscaping and subdivision identification sign and to 32 construct and maintain a 4" water and a 2" electrical conduit for 33 irrigation and electric service within a portion of the City's 34 right of way known as Dewberry Lane as shown on the two (2) page 35 map marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT FOR 36 DEWBERRY FARM COMMUNITY ASSOCIATION, INC. AT DEWBERRY FARMS," a 37 copy of which is on file in the Department of Public Works and to 38 which reference is made for a more particular description; and 39 40 BE IT FURTHER ORDAINED, that the temporary encroachments are 41 expressly subject to those terms, conditions and criteria 42 contained in the Agreement between the City of Virginia Beach and 43 Dewberry Farm Community Association, Inc., a non -stock corporation 44 of the Commonwealth of Virginia, the "Agreement", which is 45 attached hereto and incorporated by reference; and 46 47 BE IT FURTHER ORDAINED, that the City Manager or his 48 authorized designee is hereby authorized to execute the Agreement; 49 and 50 51 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 52 effect until such time as Dewberry Farm Community Association, 53 Inc., a non -stock corporation of the Commonwealth of Virginia, and 54 the City Manager or his authorized designee execute the Agreement. 55 56 Adopted by the Council of the City of Virginia Beach, 57 Virginia, on the day of , 2007. CA -10302 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10302 Dewberry Farm Community Association, Inc. Ordinance.doc V:\applications\citylawprod\cycom32\Wpdocs\DO05\PO02\00031061.DOC R-1 PREPARED: 4/10/07 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SPFFYCIENCY4AN_N FO PUBLIC WORKS, REAL ESTATE CITY ATTORNEY c _D) 0 O N U U CU +• C N W O O •� W-0 V/ �7 C 0 ■ V O _ �U i. 0 CU U ♦"'�JW v N (u y W N a0cu cu W n, E' � (6 N C C U N E E� L Uto (o C V. O O U U %W Ch cnn O 3 oU 0 �O-0 ^ A L O Mme• O O CA L •c U�Eo .X -0 N -0 i U =3 ch "= Oco C O Q UC U _ O m -C U N m c -� jE N c 0 C r- 3 0 ._ a -a a v O m O — ^L x^` LCL W 6 As PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 22nd day of February, 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DEWBERRY FARM COMMUNITY ASSOCIATION, INC., A NON -STOCK CORPORATION OF THE COMMONWEALTH OF VIRGINIA, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "OPEN SPACE" as shown on that certain plat entitled: "SUBDIVISION OF DEWBERRY FARM" dated April 3, 2000 and said plat is recorded in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia in Map Book 303, at page 41; WHEREAS, it is proposed by the Grantee to maintain existing landscaping and subdivision identification sign and to construct and maintain a 4" water and a 2" electric conduit for irrigation and electric service, collectively the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in installing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Dewberry Lane, the "Encroachment Area"; and No GPIN Required or Assigned to City Right of Way known as Dewberry Lane GPIN: 1474-91-2875-0000 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT EXHIBIT FOR DEWBERRY FARM COMMUNITY ASSOCIATION, INC. AT DEWBERRY FARMS." Said plat consists of a total of two (2) sheets; copies are attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during construction. 91 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the subdivision identification sign portion of the Temporary Encroachment may not exceed: thirty-two (32) square feet per face; two (2) faces; six (6) feet above the natural grade at the curb. Landscaping materials must be approved by the Parks & Landscape Services Division of the Department of Parks and Recreation. It is further expressly understood and agreed that the Grantee agrees to jack or bore proposed conduit for water and electric service under the roadway. No open cuts will be permitted. It is further expressly understood and agreed that the Grantee must comply with State law regarding the installation of the private utilities when jacked or bored as depicted in "Exhibit A"; the Grantee must observe the minimum separation of 24" between public utilities and private utilities. The 4" water line must be field (GPS) located and noted on the plans and this information must be submitted to the City of Virginia Beach for future inclusion in the City's GPS database. L It is further expressly understood and agreed that the Grantee must submit for review and approval, "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, as required by the City Public Works/Operations Management Division and the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Dewberry Farm Community Association, Inc., a non -stock corporation of the Commonwealth of Virginia, has caused this Agreement to be executed in its corporate name and on its behalf by its president. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 5 (SEAL) ATTEST: City Clerk DEWBERRY FARM COMMUNITY ASSOCIATION, INC., A NON -STOCK CORPORATION OF THE COMMONWEALTH OF VIRGINIA A colw4 � e Thomas Kait, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 200_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 200_, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: 0 Notary Public STATE OF CITY/COUNTY OF _ S ;� N,,j Y to -wit: The foregoing instrument was acknowledged before me this day of 200'- , by Thomas Kait, President on behalf of Dewberry Farm Community Association, Inc., a non -stock corporation of the Commonwealth of Virginia. Notary Public My Commission Expires: ;I Ap - APPROVED AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL ^SUFFICIENCY AND FORM _ d n r ' v \ X:\Projects\Encroachments\Applicants\Dewbeny Farm Community\Final Package\Agreement EncroachmentNew.doc VA 1/ L EX CB / RIM 10.02 / INV 4.89 ------------ �Iz- �J v G��a ill 3 � w co CD�JZ Z LQ WEX X O EX SMH RIM 10.39 INV (-1.35) O I � I PROPOSED 2" ELEC. CC PROPOSED 30' f' 4" WATER CONDUIT 78' f SUBDI VISI IDENTIFIC z Q C INDIAN RIVER RD 50' R/W 4000'f TO HILLCREST BLVD 9060'± TO SALEM RD. t ► J ► Z_ •Q �w X _0 ► w ► DUIT I SECTION "A .- A" SEE SHEET 3 A • T -— EX CB \ RIM 10.02 INV 4.79 -EXISTING LANDSCAPED AREA ------------- SIGN \G ��TF� m GRAPHIC SCALE EXISTING LANDSCAPING APPROVED BY LANDSCAPE SERVICES. 10 0 5 10 20 40 BY: FRANK L. FENTRESS DATE: 02/13/2007 FEET 1 INCH = 20 FEET ENCROACHMENT EXHIBIT FOR DEWBERRY FARM COMMUNINTY ASSOCIATION, INC. AT PROJECT #V06020 DEWBERRY FARMS SHEET 1 OF 2 REVISED 01/30 0 ELLAM ERWITZ ENGINEERING - SURVEYING - PLANNING 500 CENTRAL DRIVE - SUITE 113 - VIRGINIA BEACH, VA 23454 (757) 340-0828 - FAX (757) 340-1603 0 0 o z N O W S W 1--i <- C7 z e Na NN �X V0z W W J Q W fY w� F �X O J WIL - 0- U Q Ll.. 0 inaw C7 e U O C N x z >^ c^ X> z Z c� W T- a w o < U J < ZP NO r, �.J O Ld Ld O Z LLI O > N L- ON O cr J Q u aw 0 I w Q N zozX- V)ELO EL 0 ap Q W > u7 X Z ® C.J ---------------------------------;� C} Z Z ---------------------------- --- I— Q I �p U Q = V)LLJ t/ ) w Q <o >- IY H Q oo N Z Z w W ® C 2 Q cy— .TL C) Lu U v w m Q (D LLw � U } Z N� Z w m it O 5 O O w 0 wv V aw O O �— u- a� 0 \ o � o a Li D 0 Of CL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of an existing City right of way known as Lynnhaven Promenade (paper street) and City Property known as Crab Creek located at the rear of 2072 and 2074 Tazewell Road, by The Futura Group, L.L.C. MEETING DATE: May 8, 2007 ■ Background: The Futura Group, L.L.C., a Virginia limited liability company, has requested permission to construct and maintain a pier and return wall, into a portion of an existing City right of way known as Lynnhaven Promenade (paper street) and City property known as Crab Creek located at the rear of 2072 and 2074 Tazewell Road, Virginia Beach, Virginia. This item was under review prior to Council direction regarding landscape buffer as a condition of granting approval for encroachments adjacent to waterways. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments that have been approved by City Council in Lynnhaven Promenade and Crab Creek, which is where The Futura Group has requested to encroach. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Location Map and Pictures Recommended Action: Approval of the ordinance. Submitting DepartmenVAgency: Public Works/Real Estate PAD City Manage . i 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF AN EXISTING CITY 6 RIGHT OF WAY KNOWN AS 7 LYNNHAVEN PROMENADE (PAPER 8 STREET) AND CITY PROPERTY 9 KNOWN AS CRAB CREEK LOCATED 10 AT THE REAR OF 2072 AND 2074 11 TAZEWELL ROAD BY THE FUTURA 12 GROUP,L.L.C. 13 14 WHEREAS, The Futura Group, L.L.C., a Virginia limited 15 liability company, desires to construct and maintain a pier and 16 return wall into a portion of an existing City right of way 17 known as Lynnhaven Promenade (paper street) and City property 18 known as Crab Creek located at the rear of 2072 and 2074 19 Tazewell Road, in the City of Virginia Beach, Virginia. 20 21 WHEREAS, City Council is authorized pursuant to H 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 23 authorize temporary encroachments upon the City's right of 24 way/property subject to such terms and conditions as Council may 25 prescribe. 26 27 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 That pursuant to the authority and to the extent thereof 30 contained in H 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 31 as amended, The Futura Group, L.L.C., a Virginia limited 32 liability company, its assigns and successors in title are 33 authorized to construct and maintain temporary encroachments for 34 a pier and return wall into a portion of an existing City right 35 of way known as Lynnhaven Promenade (paper street) and City 36 property known as Crab Creek as shown on the map marked Exhibit 37 "A" and entitled: "PROPOSED PIER AND RETURN WALL FOR: THE 38 FUTURA GROUP, LLC.," a copy of which is on file in the 39 Department of Public Works and to which reference is made for a 40 more particular description; and 41 42 BE IT FURTHER ORDAINED, that the temporary encroachments 43 are expressly subject to those terms, conditions and criteria 44 contained in the Agreement between the City of Virginia Beach 45 and The Futura Group, L.L.C., a Virginia limited liability 46 company, (the "Agreement"), which is attached hereto and 47 incorporated by reference; and 48 BE IT FURTHER ORDAINED, that the City Manager or his 49 authorized designee is hereby authorized to execute the 50 Agreement; and 51 52 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 53 effect until such time as The Futura Group, L.L.C., a Virginia 54 limited liability company, and the City Manager or his 55 authorized designee execute the Agreement. 56 57 Adopted by the Council of the City of Virginia Beach, 58 Virginia, on the day of , 2007. CA -10304 X:\OID\REAL ESTATE\EncroaChmentS\PW Ordinances\CA 10304 The Putura Group, LLC Ordinance.doc V:\applications\citylawprod\cycom32\Wpdocs\DO04\PO01\00031016.Doc R-1 PREPARED: 4/11/07 APPROVED AS TO CONTENTS S C. EhkLIC WORKS, REAL ESTATE A,XP^ROVED AS TO LEGAL • Y D FrRM CtT ATTORNEY VII to M N a LU = J V J Q m Q z Z LU G Q Q O w W J a J W LU Z LU Q 400 N . N V ~' Z N LL! 0 O 4- C a) U (a CD a) N 0- 0 O Q PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 15`x' day of March, 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THE FUTURA GROUP. L.L.C., a Virginia limited liability corporation, ITS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 5, Block 4, Section A, Ocean Park as shown on that certain plat entitled: "PLAT SECTION "A" OF OCEAN PARK PORTION OF THE PROPERTY OWNED BY OCEAN PARK CORPORATION" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 5, at page 69, and being further designated, known, and described as 2072 and 2074 Tazewell Road, Virginia Beach, Virginia; WHEREAS, it is proposed by the Grantee to construct and maintain a pier and return wall collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Lynnhaven Promenade (a paper street) and City property known as Crab Creek the "Encroachment Area"; and GPIN 1489-58-6199 & 1489-58-8413 (Lynnhaven Promenade [paper street]) & waterway 1489-58-7167 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PROPOSED PIER AND RETURN WALL FOR: THE FUTURA GROUP, LLC. LOT 5 — BLOCK 4 — SECTION A, OCEAN PARK (INST. #: 200605150072776) BAYSIDE DISTRICT" dated October 5, 2006, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the 2 L'I Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of 3 the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said The Futura Group, L.L.C. has caused this agreement to be executed by A. R. Gregor, Jr., Managing Partner of The Futura Group, L.L.C., a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. S (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: CITY OF VIRGINIA BEACH IC 1 City Manager/Authorized Designee of the City Manager THE FUTURA GROUP, L.L.C, a Virginia Limited Liability Company By (SEAL) A. R. Gregor, Jr., Managing Partner The foregoing instrument was acknowledged before me this day of 200_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: 5 Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 200_, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF V I RGA N) I R ""'/ CITY/COUNTY OF Mc--imA `h' t , to -wit: The foregoing instrument was acknowledged before me this day of 200 ` 1 , by A. R. G GOR, JR., M `aging Part r on behalf of THE FUTURA GROUP, L.L.C. , '� �,r� N ary Public My Commission Expires: 3 � � 2bdO APPROVED AS TO CONTENTS S FS' C. Ws_"o' SIGNATURE PLL &r4i csf Cdk DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM l / i E ,. X:\Projects\Encroa ch men ts\Applicants\Futura Group LLC, Tazewell Rd, Pier -Return Wall - LH\Agreement Encroachment.doc 0 W N/F CITY OF VIRGINIA BEACH �H CRAB CREEK (D.B. 2188 PG. 545) 3 (M.B. 153 PG. 41) WEST OF CHANNEL PER CITY DREDGE(1489-58-7167) ------------------------- ----------------------- ------------------------- P_LANS__BY: WATERWAY SURVEYS, 10/16/00 0 cr w V) w ct lE M U J J U Z C� z J N z 0 U z 0 w 3 to 0 N PROPOSED PIER AND RETURN WALL EX. PIE LYNNHAVEN PROMENADE EX. PIER g — (R/W 25) v 20 _ _�_ . . MLW (M.S. 7 PG. 192)N RETURN WALL` - :REMOVE. EX. BULKHEAD 3' ENCROACHMENT F _MHW R—SAC, zc .v. — . — L=49.22' 50' 5' NOTE: PROPOSED RIPRAP DOES NOT ENCROACH INTO LYNNHAVEN PROMENADE AND IS NOT PART OF THIS ENCROACHMENT REQUEST. N/F ALBERT T. FISHER PROPOSED 0 3 STORY DUPLEX b o 0 LOT 5 0 w U) BLOCK 4 Lo SECTION A 0 i� am 00 z 30. 0' PLAN VIEW SCALE 1" = 25' WATERFRONT CONSULTING, INC 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PH: (757) 425-8244 FAX: (757) 216-6687 ENGINEERING SERVICES PROVIDED BY: PCC, LLC (757) 773-8084 GPIN: 1489-58-6199 PIN(F) R=1421.21 L-55.00 EX. CONC. BULKHEAD D m E! o D r D � 0 n M co Lo PI N/F JOHN WIGMORE TAZEWELL ROAD (40' R/W) (M.S. 7 PG. 192) EXHIBIT "A" PROPOSED PIER AND RETURNWALL FOR: THE FUTURA GROUP, LLC. LOT 5 - BLOCK 4 - SECTION A, OCEAN PARK (INST. #: 200605150072776) BAYSIDE DISTRICT SHEET 1 OF 1 DATE: OCTOBER 5, 2006 J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Treasurer to Retain a Collection Agent to Collect Personal Property Taxes that Have Been Delinquent for More than Three Years MEETING DATE: May 8, 2007 ■ Background: The City Treasurer has significant authority to collect delinquent personal property taxes. The Treasurer's office has a very high collection rate for delinquent taxpayers who live, work and have vehicles registered in the Commonwealth of Virginia. For taxpayers who no longer reside, work, or drive in the Commonwealth, collection can be problematic. ■ Considerations: Section 58.1-3919.1 of the Code of Virginia authorizes the City Treasurer, with the approval of the City Council, to retain a collection agent to collect taxes, other than real estate taxes, that have been delinquent for at least six months. The Treasurer would like to retain OSI Collection Services Inc., under the contract they have with the Commonwealth, to help collect delinquent personal property tax bills that are more than three years old. The current value of this portfolio is approximately eight million dollars, which could be used for the benefit of the citizens of Virginia Beach. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Approve ordinance authorizing the City Treasurer to retain a collection agent to collect delinquent personal property tax bills that are more than three years old. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Treasurer City Manager: S� �y'Z I AN ORDINANCE AUTHORIZING THE CITY TREASURER 2 TO RETAIN A COLLECTION AGENT TO COLLECT 3 PERSONAL PROPERTY TAXES THAT HAVE BEEN 4 DELINQUENT FOR MORE THAN THREE YEARS 5 WHEREAS, the City Treasurer is responsible for the 6 collection of delinquent personal property taxes; and 7 8 WHEREAS, the Treasurer has a very high collection rate from 9 delinquent taxpayers who live, work, and have vehicles 10 registered in the Commonwealth of Virginia; and 11 12 WHEREAS, for taxpayers who no longer reside, work, or drive 13 in the Commonwealth, collection can be problematic for the 14 Treasurer; and 15 16 WHEREAS, the Treasurer has requested authorization from 17 City Council to retain a collection agent to help collect 18 delinquent personal property tax bills that are more than three 19 years old. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That, in accordance with Virginia Code section 58.1-3321, 25 the City Council hereby authorizes the City Treasurer to retain 26 a collection agent to collect delinquent personal property taxes 27 that are more than three years old. 28 29 Requires an affirmative vote by a majority of the members 30 of the City Council. 31 32 Adopted by the Council of the City of Virginia Beach, 33 Virginia, on the day of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .� w City Treasu er: .. City Attorney' s Office CA10385 V:\applications\citylawprod\cycom32\Wpdocs\D027\P002\00032275.DOC R-3 April 27, 2007 CO. j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $70,000 from the Fund Balance of the General Fund to Provide an Interest -Free Loan to the Plaza Volunteer Rescue Squad for the Purchase of a New Ambulance MEETING DATE: May 8, 2007 ■ Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all of the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. The volunteer rescue squads receive no direct tax funding for their operating costs to provide these services and do not charge their patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through annual individual squad fund drives. The City of Virginia Beach has historically provided short-term, no -interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The cost of a new ambulance routinely exceeds $100,000, not including the medical equipment, supplies or personnel. ■ Considerations: The Plaza Volunteer Rescue Squad has requested a no -interest loan in the amount of $70,000, payable in three annual payments. The first payment would commence June 2008. The unit being replaced has been out of service for two years as a result of a crash. ■ Public Information: The public will be notified of the pending action via the Council Agenda as printed in the Beacon. ■ Alternatives: If the City does not provide this loan, the rescue squad will have to further delay purchase of the replacement ambulance of which they have a $75,500 settlement to be placed towards a new ambulance. ■ Recommendations: The Department of Emergency Medical Services recommends approval of this loan application. ■ Attachments: Ordinance, No -Interest Loan Request, Promissory Note, and Agreement. Recommended Action: Submitting Department/Agency: Department of Emergency Medical Services City Manager. \4- ` I AN ORDINANCE TO APPROPRIATE $70,000 FROM THE 2 FUND BALANCE OF THE GENERAL FUND TO PROVIDE AN 3 INTEREST-FREE LOAN TO THE PLAZA VOLUNTEER 4 RESCUE SQUAD FOR THE PURCHASE OF A NEW 5 AMBULANCE 6 WHEREAS, the Plaza Volunteer Rescue Squad does not presently 7 have adequate funds to purchase a new ambulance but has represented 8 that fund-raising efforts will provide sufficient funds to repay an 9 interest-free loan from the City of Virginia Beach in the amount of 10 $70,000. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That $70,000 is hereby appropriated from the fund balance 16 of the General Fund for an interest-free loan to the Plaza 17 Volunteer Rescue Squad for the purchase of an ambulance, contingent 18 upon execution of the attached agreement. 19 20 2. That this loan is to be repaid by the Plaza Volunteer 21 Rescue Squad over three (3) years, according to the terms of the 22 attached promissory note. 23 24 Requires an affirmative vote by a majority of the members of the 25 City Council. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the day of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ManagerAntJServices City Attorney's fice CA10380 V:\applications\citylawprod\cycom32\Wpdocs\D025\P002\00032135.DOC R-4 May 2, 2007 Agreement Between the City of Virginia Beach and the Plaza Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of , 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Plaza Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager ATTEST: City Clerk PLAZA VOLUNTEER RESCUE SQUAD IIn Title: APPROVED AS TO CONTENT: Virginia Beach Management Services Virginia Beach Risk Management Virginia Beach EMS Chief APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 11.0_ 1100 2128 Vir,riuhi f3e.wh, VA. 2.;45(1 Chief March 4, 2007 Department of EMS 1917 Arctic Avenue Virginia Beach, VA. 23451 The Plaza. Volunteer Rescue Squad needs to replace the 2000 International 4700 Ambulance (1620), which was involved in the fatality accident on April 11, 2005 with a new Ambulance. The process of replacing this ambulance has been delayed due to the long process of legal proceedings. This replacement will ensure continuation of quality emergency services with state of the art equipment and bring our inventory back to early 2005 of four (4) ambulances. Ambulance 1620, at the time of the accident, was one of our newer ambulances with just over 60,000 miles on it and wasn't due to be replaced for several years. The extent of the damage and the duration which it was held made repair not cost effective. Risk Management in 2006 settled with the Plaza Volunteer Rescue Squad with the understanding that the ambulance would be replaced. The entire settlement of $75,500 will be placed towards the new ambulance which will cover about 52% of the cost for the replacement ambulance. Plaza Volunteer Rescue Squad has researched and priced ambulances and has concluded that the best choice for a replacement ambulance will be on a Chevrolet chassis. Plaza Rescue Squad currently has three (3) ambulances, with (2) of them on a Chevrolet chassis. Our members are familiar with the driving and handling of this type ambulance chassis and the maintenance facilities utilized by Plaza Rescue are already in place. The proposed cost to purchase this new Chevrolet Ambulance is $144,566.00. Of this cost Plaza Volunteer Rescue Squad is applying the total settlement from Risk Management of $75,500.00 towards the final price of the ambulance. Current budget constraints limit Plaza Rescue Squad's ability to fund this new ambulance without the assistance of the City of Virginia Beach. Plaza Volunteer Rescue Squad is requesting the city of Virginia Beach to augment our funds for the purchase of a new ambulance with a no -interest loan of $70,000.00. We are further requesting to pay back this loan over period of (3) years at $23,350.00 per year. We request the first payment to be one year after the loan is secured. William J. Walker President PROMISSORY NOTE $70,000 Virginia Beach, Virginia April 20, 2007 FOR VALUE RECEIVED, Plaza Volunteer Rescue Squad, ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of SEVENTY THOUSAND DOLLARS ($70,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before June 1, 2008 - $23,350 On or before June 1, 2009 - $23,350 On or before June 1, 2010 - $23,300 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). PLAZA��#LUNTEEVI ESCUE SQUAD Collins, Lieutenant (SEAL) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $85,000 from the Fund Balance of the General Fund to Provide an Interest -Free Loan to the Princess Anne Courthouse Volunteer Rescue Squad for the Purchase of a New Ambulance MEETING DATE: May 8, 2007 ■ Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all of the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. The volunteer rescue squads receive no direct tax funding for their operating costs to provide these services and do not charge their patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through annual individual squad fund drives. The City of Virginia Beach has historically provided short-term, no -interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The cost of a new ambulance routinely exceeds $100,000, not including the medical equipment, supplies or personnel. ■ Considerations: The Princess Anne Courthouse Volunteer Rescue Squad has requested a no -interest loan in the amount of $85,000, payable in five annual payments. The first payment would commence June 2008. The unit being replaced is 10 years old with an excess of 248,000 miles. ■ Public Information: The public will be notified of the pending action via the Council agenda as printed in the Beacon. ■ Alternatives: If the city does not provide this loan, the rescue squad will have to delay purchase of the replacement ambulance until it secures an interest-bearing loan with a financial institution. Any delay in replacement of the vehicle will generate a projected increase of maintenance costs, and any financial institution loan will also produce an increased cost to the volunteer rescue squad. ■ Recommendations: The Department of Emergency Medical Services recommends approval of this loan application. ■ Attachments: Ordinance, No -Interest Loan Request, Promissory Note, and Agreement. Recommended Action: Approval Submitting DepartmentlAg ncy: Department of Emergency Medical Service( City Manag 1 AN ORDINANCE TO APPROPRIATE $85,000 FROM THE 2 FUND BALANCE OF THE GENERAL FUND TO PROVIDE AN 3 INTEREST-FREE LOAN TO THE PRINCESS ANNE 4 COURTHOUSE VOLUNTEER RESCUE SQUAD FOR THE 5 PURCHASE OF A NEW AMBULANCE 6 WHEREAS, the Princess Anne Courthouse Volunteer Rescue Squad 7 does not presently have adequate funds to purchase a new ambulance 8 but has represented that fund-raising efforts will provide 9 sufficient funds to repay an interest-free loan from the City of 10 Virginia Beach in the amount of $85,000. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That $85,000 is hereby appropriated from the fund balance 16 of the General Fund for an interest-free loan to the Princess Anne 17 Courthouse Volunteer Rescue Squad for the purchase of an ambulance, 18 contingent upon execution of the attached agreement. 19 20 2. That this loan is to be repaid by the Princess Anne 21 Courthouse Volunteer Rescue Squad over five (5) years, according to 22 the terms of the attached promissory note. 23 24 Requires an affirmative vote by a majority of the members of 25 the City Council. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the day of , 2007. APPROVED AS TO CONTENT: /& K, Z' 2 � l y _t-" 14anagemefit'gervices APPROVED AS TO LEGAL SUFFICIENCY: City AttorneyZ5 Office CA10382 V:\applications\citylawprod\cycom32\Wpdocs\D025\P002\00032143.DOC R-5 May 2, 2007 "° Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Inc. ,o Post Office Box 6344 5 Virginia Beach, Virginia 23456 VMGMA se.cn VINGMIIA February 28, 2007 Serving the Community Since 1947 Chief Bruce Edwards 1917 Arctic Avenue Virginia Beach, VA 23451 Dear Chief Edwards, The Princess Anne Courthouse Volunteer Rescue Squad and Fire Department Inc, formally requests a 0% interest free loan from the City of Virginia Beach in the amount of $85,000 to purchase a new ambulance. We will be replacing our unit 521, a 1998 Wheeled Coach Type III ambulance, which currently has 248,818 miles. The city garage has told us they will no longer repair this unit outside of normal preventative maintenance. We will be replacing 521 with a new 2006 Type III Wheeled Coach ambulance. We have located a demonstrator ambulance which we can purchase for $107,000. In order to make the ambulance "street ready" with the appropriate equipment and lettering the total price will be $120,581. We have been awarded a state 50/50 grant in the amount of $42,500. We currently have no outstanding loans with the city. We made the final payment in the amount of $10,000 on our unit 522 in the fall of 2006. All payments due on unit 522 were paid on time, and in accordance with the loan terms. We request repayment terms of five years, making payments in the amount of $17,500. We hope to take delivery of the ambulance within 60 days and request the funds in this time frame. As you are aware, our squad staffs one unit 24 hours a day 365 days a year. There are also many shifts in which we have 2 and 3 units staffed. Our squad is also one of the busiest in the city, as much of the new development in the city is taking place in our first due areas. We anticipate call volume to increase over time with the new development and increased populations. Thank you v�y mu h for your consideration. If you require additional information, I can be reached at 757- 5-1690. Respec illty mitted ijI"reasurer, Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Inc. PROMISSORY NOTE $85,000 Virginia Beach, Virginia April 20, 2007 FOR VALUE RECEIVED, Princess Anne Courthouse Volunteer Rescue Squad, ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of EIGHTY-FIVE THOUSAND DOLLARS ($85,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before June 1, 2008 - $17,500 On or before June 1, 2009 - $17,500 On or before June 1, 2010 - $17,500 On or before June 1, 2011 - $17,500 On or before June 1, 2012 - $15,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). PRINCESS ANNE COURTHOU, VO T SCUE SQUAD i C - (SEAL) By: Tre—vor—Kirk, President l Agreement Between the City of Virginia Beach and the Princess Anne Courthouse Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of , 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Princess Anne Courthouse Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. W IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager ATTEST: City Clerk PRINCESS ANNE COURTHOUSE VOLUNTEER RESCUE SQUAD Title: APPROVED AS TO CONTENT: Virginia Beach Management Services Virginia Beach Risk Management Virginia Beach EMS Chief APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $100,000 from the Fund Balance of the General Fund to Provide an Interest -Free Loan to the Sandbridge Volunteer Rescue Squad for the Purchase of a New Ambulance MEETING DATE: May 8, 2007 ■ Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all of the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. The volunteer rescue squads receive no direct tax funding for their operating costs to provide these services and do not charge their patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through annual individual squad fund drives. The City of Virginia Beach has historically provided short-term, no -interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The cost of a new ambulance routinely exceeds $100,000, not including the medical equipment, supplies or personnel. ■ Considerations: The Sandbridge Volunteer Rescue Squad has requested a no -interest loan in the amount of $100,000, payable in four annual payments of $25,000. The first payment would commence August 2008. The unit being replaced is 12 years old with an excess of 150,000 miles and has had a two -fold increase in maintenance costs in the past year. ■ Public Information: The public will be notified of the pending action via the Council agenda as printed in the Beacon. ■ Alternatives: If the City does not provide this loan, the rescue squad will have to delay purchase of the replacement ambulance until it secures an interest-bearing loan with a financial institution. Any delay in replacement of the vehicle will generate a projected increase of maintenance costs, and any financial institution loan will also produce an increased cost to the volunteer rescue squad. ■ Recommendations: The Department of Emergency Medical Services recommends approval of this loan application. ■ Attachments: Ordinance, No -Interest Loan Request, Promissory Note, and Agreement. Recommended Action: Approval Submitting Department/Age cy: Department of Emergency Medical Services City Mana 1 AN ORDINANCE TO APPROPRIATE $100,000 FROM THE 2 FUND BALANCE OF THE GENERAL FUND TO PROVIDE AN 3 INTEREST-FREE LOAN TO THE SANDBRIDGE VOLUNTEER 4 RESCUE SQUAD FOR THE PURCHASE OF A NEW 5 AMBULANCE 6 WHEREAS, the Sandbridge Volunteer Rescue Squad does not 7 presently have adequate funds to purchase a new ambulance but has 8 represented that fund-raising efforts will provide sufficient funds 9 to repay an interest-free loan from the City of Virginia Beach in 10 the amount of $100,000. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That $100,000 is hereby appropriated from the fund balance 16 of the General Fund for an interest-free loan to the Sandbridge 17 Volunteer Rescue Squad for the purchase of an ambulance, contingent 18 upon execution of the attached agreement. 19 20 2. That this loan is to be repaid by the Sandbridge Volunteer 21 Rescue Squad over four (4) years, according to the terms of the 22 attached promissory note. 23 24 Requires an affirmative vote by a majority of the members of 25 the City Council. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the day of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: anag e Services City Attorney' Office CA10381 V:\applications\citylawprod\cycom32\Wpdocs\D025\P002\00032139.DOC R-4 May 2, 2007 h n 1 eer V;!—iinia .3-1,,6, January 29, 2007 Division Chief John Bianco Virginia Beach Department of EMS 1917 Arctic Avenue Virginia Beach, VA 23451 Dear Chief Bianco: This responds to your letter request of 24 January 2007 for additional information related to Sandbridge Rescue Squad's loan application for replacement ambulance procurement. Attached is the rationale and data for the nine questions you asked. Please do not hesitate to contact me if you need additional information or assistance. Sincerely, Marty Benson President, SBVRS Attachment: SBVRS No Interest Loan Application Sandbridge Volunteer- Rescue Squad No interest Loan Application. The following information is provided in the format specified in Virginia Beach DEMS Administrative Procedure. 1. Vehicle being replaced: Ambulance 1721, City Inventory Number 120866. This ambulance is a 1995 model with mileage (as of January 24, 2007) of 153,840 miles. Estimated mileage at replacement is 165,000. This ambulance has experienced significantly increased maintenance costs during the past year. During the period July 1, 2004 to June 30, 2005 cost of repairs for 1721 was $7,392. Cost of repairs for the next oldest ambulance was $6,716. During the period July 1, 2005 to June 30, 2006 repair costs for 1721 rose to $14, 724, while the second oldest ambulance repair costs decreased to $3,754. Additionally increased down time has impacted the squad's ability to support special functions, accomplish end of shift turnovers without requiring a gap in coverage for return to station and restocking, and maintain one ambulance in station to respond to calls in Sandbridge with off duty personnel. 2. Due to estimated trade in value of only $5000, our intent is to donate the ambulance to the Virginia Beach EMS Training Center for their use in training pre -hospital providers. This transfer has been agreed upon in principal by both the Training Center and the Virginia Beach Department of EMS. 3. This is not an additional vehicle. 4. Desired purchase date (upon delivery and acceptance of the ambulance) is about August 2007. This will require ordering by March. 5. Funds Requested: $100,000.00 6. Initial Vehicle cost to be paid by the Squad: About $40,000 7. Known Grant Awards: None 8. Desired Term of Loan: Four Years. 9. Outstanding City Loans: None PROMISSORY NOTE $100,000.00 March 12, 2007 FOR VALUE RECEIVED, Sandbridge Volunteer Rescue Squad, ("Maker"), at 305 Sandbridge Road, Virginia Beach, VA, promises to pay, without offset, to the order of the City of Virginia Beach, (Noteholder"), at Municipal Center, Virginia Beach, VA, (or at such other place as Noteholder may designate in writing) the principal sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before September 1, 2008 - $25,000.00 On or before September 1, 2009 - $25,000.00 On or before September 1, 2010 - $25,000.00 On or before September 1, 2011 - $25,000.00 This Note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment by the date it is due, Maker will be in default, and the entire principal amount hereof, together with all late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this Note, the release of any parties who are or may become liable hereon, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection of this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s): J � C (SEAL) Ewin . Best, Secretary SBVRS George M. Benson, President SBVRS Agreement Between the City of Virginia Beach and the Sandbridge Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Sandbridge Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The 1 Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: City Clerk APPROVED AS TO CONTENT: Virginia Beach Management Services Virginia Beach Risk Management Virginia Beach EMS Chief CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager SANDBRIDGE VOLUNTEER RESCUE SQUAD 3 M. Title: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office K. PLANNING 1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for ALBERTA AND SCOTT WINTERS at 1985 Pleasant Ridge Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: 2. Application of CENTERVILLE BP, INC., for Modification of Conditions to remove the car wash and service kiosk and replace them with a convenience store (approved on September 14, 1987) (DISTRICT 1— CENTERVILLE) RECOMMENDATION: APPROVAL 3. Application of ALEX WOLCOTT for Expansion of a Nonconforming Use to renovate an existing two-story single-family structure and two-story building with four apartments, at 405 23`d Street (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 4. Application of CONCUT I, LLC, for a Conditional Use Permit re bulk storage of vehicles at 535 London Bridge Road (DISTRICT 6—BEACH) RECOMMENDATION: APPROVAL 5. Application of CKC PROPERTIES, LLC for a Conditional Use Permit re a pier at 2533 Virginia Beach Boulevard (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 6. Application of DFI-VIRGINIA BEACH BLVD, LLC for a Conditional Use Permit re a pier at 2529 Virginia Beach Boulevard (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 7. Application of WINDSOR OAKS WEST PARCEL 3, LLC, for a Change of Zoning from B-2 Community Business to Conditional A-18 Apartment at 4392 Holland Road (DISTRICT 3 — ROSE HALL) RECOMMENDATION: APPROVAL Subdivision Variance CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Alberta and Scott Winters. Property is located at 1985 Pleasant Ridge Road (GPIN 2412002814). DISTRICT 7 — PRINCESS ANNE MEETING DATE: May 8, 2007 ■ Background: The 1.41 -acre site was subdivided into two lots by deed dated March 20, 1954. The lots are, therefore, not considered to be legal lots, as they were not subdivided in accordance with the provisions of the Subdivision Ordinance. Homes were built on each lot, with the original property owner residing in one home (Lot A) and her daughter and family residing in the other home (Lot B). To obtain financing related to the property, the applicants must demonstrate that the lots are legally recorded. Thus, the applicants request a variance to the provisions of the Subdivision Ordinance. ■ Considerations: It is the intent of the applicant to subdivide 0.42 acres (approximately 17,995 SF) from the 1.41 acre site. This subdivision will allow the family who resides in the existing home on Lot B to reside on a legally created lot (see proposed plat on page 5). The applicant is also shifting the easternmost property Iine10 feet to the east to provide a larger side yard setback from the existing house on Lot B. When the house on Lot B was built, it was located only 0.02 feet from the comer of the house. By moving this property line, Lot A will be reduced in size from 1.05 acres or 45,738 square feet to 0.99 acre or 43,428 square feet. Staff considers this request to be a special situation due to the fact that the parcels were created by deed in 1954 for the benefit of the family. The existing homes were built in the 1950's. The applicant recently discovered that the site had been created by deed without the benefit of a recorded plat. Thus, the applicant is not creating a new lot; the applicant is simply legalizing an existing lot created by deed. The Planning Commission placed this item on the consent agenda because it will legalize two (2) lots created by deed in 1954, the situation is unique, 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 conditions: Alberta and Scott Winters Page 2 of 2 The applicant shall submit a subdivision plat to the Development Services Center of the Planning Department for review, approval, and recordation. The lot depicted on such plat shall be substantially of the same size and configuration as the lot on the preliminary subdivision plat submitted with the application, and shall include a recorded easement providing access to proposed Lot B from a public right-of-way. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen n City Manager: %�, ALBERTA & SCOTT WINTERS Agenda Item 6 April 11, 2007 Public Hearing Staff Planner: Karen Prochilo REQUEST: Subdivision Variance to Section 4.4(b) of the Map K -t6 Alberta & Scott Winters Nie Nov w Sc nln 1 � i 10.o Princess Anne Rd.��• i AG' -1 AG -2 �••'`' IVB '°LEg9 Rrdc� AG -2 AG -2 a o -2 I ?P o. AG -1 qG-2 I ARP AK '\ w ARP 1 ARP RPARPAR subdivision Variance Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. ADDRESS / DESCRIPTION: Properties located at 1985 (Lot B) and 1989 (Lot A) Pleasant Ridge Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24120130010000 (Lot A) 7 — Princess Anne Lot A: 45738 square feet of a 1.41 acre lot 24120028140000 (Lot B) Lot B: 15682 square feet of a 1.41 acre lot SUMMARY OF REQUEST Existing Lot: The 1.41 site was subdivided into two lots by deed dated March 20, 1954 and thus the lots are not considered to be legal lots. Homes have been built on each lot, and the original property owner lives in one home (Lot A) and her daughter and family live in the other home (Lot B). Proposed Lots: It is the intent of the applicant to subdivide 0.42 acres (approximately 17,995 SF) from the 1.41 acre site. This subdivision will allow the family who resides in the existing home on Lot B to reside on a legally created lot. The applicant is also shifting the easternmost property line 10 feet to the east to provide a larger side yard setback from the existing house on Lot B. When the house on Lot B was built, it was located only 0.02 feet from the corner of the house. By moving this property line, Lot A will be reduced in size from 1.05 acres or 45,738 square feet to 0.99 acre or 43,428 square feet. The following chart indicates variances required. 1WM idrad I Lot a Lot Width in feet 150 feet 1 rfeet 0 feet * Lot Area ins square feet 43,560 SF 4F* 17,995 SF* Setbacks Front and 50 feet 7et 27.9 feet* Setbacks Side Yard 20 feet 10.99 feet shed 10 feet* `Variance required **1.41 acre Lot created by deed prior to 1954 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwellings SURROUNDING LAND North: Across Pleasant Ridge Road, rural residential/ AG -1 & AG -2 USE AND ZONING: Agricultural Districts South: . Rural land / AG 1 & 2 Agricultural Districts East: . Rural residential / AG 2 Agricultural District West: . Rural residential / AG 2 Agricultural District NATURAL RESOURCE AND There are no significant natural resources or cultural features on this CULTURAL FEATURES: 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)• Pleasant Ridge Road in the vicinity of this application is a two-lane undivided minor suburban arterial. There are no CIP projects scheduled for this section of Pleasant Ridge Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Pleasant Ridge No data 6,200 ADT (Level of Existing Land Use — 20 Road available Service "C") ADT 9,900 ADT' (Level of Proposed Land Use 3— Service "D") Capacity 20 ADT No change) Average Daily Trips 2 as defined by two single-family homes a as defined by two single-family homes WATER & SEWER: The property is served by onsite sewage disposal and water supplies. Health Department will need to review improvements to ensure that each property has an approved sewage disposal system and water supply. FIRE DEPARTMENT: No comments at this time. AGRICULTURE: No comments. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with conditions below. Evaluation: Staff considers this request to be a special situation due to the fact that the parcels were created by deed for the benefit of the family. The existing homes were built in the 1950's. The applicant recently discovered that the site had been created by deed without the benefit of a recorded plat. Thus, the applicant is not creating a new lot; the applicant is simply legalizing an existing lot created by deed. CONDITIONS The applicant shall submit a subdivision plat to the Development Services Center of the Planning Department for review, approval, and recordation. The lot depicted on such plat shall be of the same size and configuration as the lot on the preliminary subdivision plat submitted with the application. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ALBERTA & _OCATION 1 09/08/86 Conditional Use Permit (Single family Dwelling) Granted ZONING HISTORY �r a i i 7i 2u1. U _ d M' .9 W Cl 4• i - .'s 5' � • N `r E R ^ m U _ < C 2 4 Kr s {r 4 14 S G _RM1 Ja 45 lz }. Zi t'c��' ig .-S 2Y.' Y j f ■! f -NJf f til -M ful m DISCLOSURE STATEMENT ALBERTA & a i i 7i 2u1. _ d � • C G _RM1 45 lz }. 7j Is g Vj f ■! f -NJf f til -M ful m DISCLOSURE STATEMENT ALBERTA & Item #6 Alberta and Scott Winters Subdivision Ordinance Variance 1985 & 1989 Pleasant Ridge Road District 7 Princess Anne April 11, 2007 CONSENT Janice Anderson: The next matter is agenda item 6. This is the application of Alberta and Scott Winters. This is an Appeal to Decisions regarding a Subdivision Ordinance located on property at 1985 & 1989 Pleasant Ridge Road in the Princess Anne District. Welcome ma'am. Alberta Winters: Hi. I'm Alberta Winters. I just wanted to thank you. We really want to thank Ms. Prochilo. She has been wonderful. She really has. It has been a long road. It has been about a year. It is time to get this done. So, we thank all of you. Janice Anderson: Well, thank you for your kind words for Ms. Prochilo. I'm sure she appreciates those. Is there any opposition to this matter being placed on the consent agenda? Don Horsley will review this application for us. Donald Horsley: Back many years ago, back in the early 50s, this property was subdivided by deed, which created two lots. There were two homes built on this property. According to the ordinances that we have on record now, these lots need variances to be able to continue. This is merely a housekeeping situation. The house has been there for many years, and has not created any problems. Everybody seems to be happy. So, rather than make them move from the house, we decided we were going to let them keep both of them there, and let this lady go ahead and make these improvements to hers, as she so desires. This is merely a housekeeping rule of action that was taken back in the 50s, which back then it was Princess Anne County, and they would let you do things like that to help out family members. For these reasons, there is no opposition, and I think that everyone is happy to put this on the consent agenda. Janice Anderson: Thank you Mr. Horsley. Mr. Chairman, I make a motion to approve the following item 6. Barry Knight: Thank you. There is a motion on the floor by Jan Anderson and seconded by Don Horsley. I'll call for the question. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE Item #6 Albert and Scott Winters Page 2 CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 6 for consent. I. -.p -, Map Not to Scale N O ►7� Modifications of Conditions L. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Centerville BP, Inc. for a Modification of Conditions for a Conditional Use Permit approved by City Council on September 14, 1987. Property is located at 1909 Centerville Turnpike (GPIN 1455817527). DISTRICT 1 — CENTERVILLE MEETING DATE: May 8, 2007 ■ Background: A Conditional Use Permit permitting an Automobile Service Station and Car Wash was approved by the City Council on September 14, 1987. The applicant is requesting modification of the Conditional Use Permit, as it was approved for an automobile service station and car wash. The applicant now desires to demolish the existing car wash and replace it with a convenience store. Additionally, the applicant desires to remove the existing service kiosk located at the gasoline pumps. ■ Considerations: A new convenience store of 1,560 -square feet will be constructed in the area where the car wash facility currently exists. The submitted site plan also depicts a future 360 -square foot expansion to the convenience store. A new diesel fuel dispenser is proposed under the existing canopy. Eleven (11) parking spaces are proposed for the use. While this meets the requirements of the Zoning Ordinance for the proposed 1,560 square foot building, it is slightly deficient if the future expansion is built, as a total of thirteen (13) parking spaces would be required at that time. Two (2) additional spaces will have to be provided on the site when the addition is constructed. There is sufficient room on the site for those spaces. The site plan also depicts additional landscaping to supplement the existing landscaping. The proposed convenience store is one-story with a reddish -brown brick exterior. White brick soldier course and exterior insulation finish system (EIFS) provide some architectural relief to the building. Storefront windows with mill finish or white trim are proposed. The building trim is white, and the roof is black -gray architectural grade shingles. The Planning Commission placed this item on the consent agenda because the additional landscaping and new building will be an aesthetic improvement to the site, the use is consistent with the recommendations of the Comprehensive Plan, and there was no opposition to the request. Centerville BP, Inc. Page 2of3 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. All conditions except Condition 2 attached to the Conditional Use Permit granted by the City Council on September 14, 1987 remain in affect. 2. The site shall be developed substantially in accordance with the submitted "PRELIMINARY SITE AND LANDSCAPE PLAN OF CONVENIENCE STORE ADDITION AT EXISTING BP / AMOCO STATION, 1909 CENTERVILLE TURNPIKE, CENTERVILLE DISTRICT, VIRGINIA BEACH", prepared by Land Design and Development, Inc., and dated January 18, 2007. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The building shall be constructed substantially in accordance with the submitted plan entitled "CENTERVILLE BP, 1909 CENTERVILLE TURNPIKE, VIRGINIA BEACH, VIRGINIA", prepared by Neil E. Bristow Architect, and dated 1/29/07. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. The dumpster shall be enclosed with a solid wall to match the building, and landscaped in accordance with Section 245(e) of the Zoning Ordinance. 5. Signage for the site shall be limited to: a. Directional signs; b. One monument -style freestanding sign, no more than eight (8) -feet in height, set on a brick base to match the building brick and two building and / or canopy signs; c. If the canopy is replaced or modified, any striping on the canopy shall be limited to 10 -feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and / or doors, canopy, light poles, or any other portion of the site. 6. No outdoor vending machines or display of merchandise shall be allowed. 7. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights of way in accordance with Section 246(d) of the Zoning Ordinance. 8. A Lighting Plan and / or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole - mounted and building -mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. If the lighting for the canopy is replaced it shall be Centerville BP, Inc. Page 3 of 3 recessed. The plan shall include provisions for implementing low-level security lighting for non -business hours. ■ 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: S I `4�6 vwc CENTERVILLE BP, INC. Agenda Item 10 April 11, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: Modification of the Conditional Use Permit approved by the City Council on September 14, 1987 for an Automobile Service Station and Car Wash "'°' `�" Centerville BP Inc. Map jj 12 sr. 0 Q 1 6 F m o q� 5 Modifications of Conditions ADDRESS / DESCRIPTION: Property located 1909 Centerville Turnpike GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14558175270000 1 — CENTERVILLE 25,000 square feet A Conditional Use Permit permitting an Automobile Service SUMMARY OF REQUEST Station and Car Wash was approved by the City Council on September 14, 1987. The Conditional Use Permit has two conditions: 1. Public restrooms are to be provided (handicap accessible). 2. Landscaping shall be in accordance with proposed guidelines now being considered by the Planning Commission. The Conditional Use Permit is requested for modification since it was approved for an automobile service station and car wash. The applicant wishes to demolish the existing car wash and construct a convenience store. Additionally, the applicant desires to remove the existing kiosk near the gasoline pumps and to install a diesel fuel pump. The submitted site development plan depicts removal of the existing car wash facility, an 18.6 -foot by 10.7 -foot masonry building, and re -location of the dumpster. A new convenience store of 1,560 -square feet is depicted in the area where the car wash facility currently exists. The site plan also depicts a future 360 -square foot expansion to the convenience store. A new diesel fuel dispenser is proposed under the existing canopy. Eleven (11) parking spaces are proposed for the use. While this meets the requirements of the Zoning Ordinance for the proposed 1,560 square foot building, it is slightly deficient if the future expansion is built; therefore, the applicant will need to provide a total of thirteen (13) parking spaces on the site at that time. Additional landscaping is proposed to supplement the existing landscaping. The proposed convenience store is one-story with a reddish -brown brick exterior. White brick soldier course and exterior insulation finish system (EIFS) provide some architectural relief to the building. Storefront windows with mill finish or white trim are proposed. The building trim is white, and the roof is black -gray architectural grade shingles. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Gasoline sales and car wash facility. SURROUNDING LAND North: . Veterinary office / B-2 Business USE AND ZONING: South: . Automobile Sales / B-2 Business East: • Centerville Turnpike Across Centerville Turnpike is a convenience store with gasoline sales / B-2 Business West: . Automobile Sales / B-2 Business NATURAL RESOURCE AND There are no known significant natural resource or cultural features 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): Centerville Turnpike in front of this request is a four -lane divided minor suburban arterial, which narrows to two -lanes just beyond this site. The Master Transportation Plan proposes a divided facility with bikeway within a 145 -foot right-of-way. A dedication of 18 -feet such that the ultimate right-of-way of 145 - feet, in accordance with the Master Transportation Plan, amended 10/12/04, is achieved will be required during detailed site plan review. A Capital Improvement Program project is slated for Centerville Turnpike in the vicinity of this site. Centerville Turnpike - Phase II (CIP 2-851) is for the construction of a four -lane divided highway with bikeway and scenic buffer from Kempsville Road to the Chesapeake city limits. At this point, that project is on the "Requested But Not Funded" project listing. Kempsville Road behind this site is a six -lane divided minor urban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 150 -foot right-of-way. No Capital Improvement Program projects are slated for Kempsville Road in the vicinity of this site. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Centerville 19,058 ADT 30,600 ADT Existing Land Use 2 — Turnpike 1,686 ADT Proposed Land Use 3— Kempsville Road 33,826 ADT' 34,200 ADT' 1,953 ADT (60 AM Peak Hour Vehicles entering the site; 80 PM Peak Hour Vehicles entering the site ' Average Daily Trips z as defined by gasoline service station s as defined by gasoline service station with a convenience store WATER: This site is connected to City water. There is a 12 -inch City water main in Kempsville Road, and a 20 -inch City water main in Centerville Turnpike. The existing one -inch meter may be used or upgraded to accommodate the proposed development. SEWER: This site is connected to City sanitary sewer. Analysis of Pump Station #472 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an eight -inch City gravity main at the intersection of Centerville Turnpike and Kempsville Road. A 20 -inch City force main exists in Centerville Turnpike. There is a 12 -inch City gravity sanitary sewer main and a 30 -inch Hampton Roads Sanitation District force main in Kempsville Road. SCHOOLS: School populations are not affected by the request. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. Comprehensive Plan: The Comprehensive Plan designates this area as being within 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 Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities. Evaluation: Staff finds the request to modify the existing Conditional Use Permit to permit the construction of a convenience store and addition of a diesel fuel dispenser acceptable. The applicant has submitted a site development plan that depicts a coordinated development of the site in terms of site design, landscaping, parking layout, and traffic control and circulation within the site. The submitted preliminary elevation plan CENTE depicts a building that is an upgrade from the existing car wash facility and complementary to the existing buildings in the area. CONDITIONS 1. All conditions except Condition 2 attached to the Conditional Use Permit granted by the City Council on September 14, 1987 remain in affect. 2. The site shall be developed substantially in accordance with the submitted "PRELIMINARY SITE AND LANDSCAPE PLAN OF CONVENIENCE STORE ADDITION AT EXISTING BP / AMOCO STATION, 1909 CENTERVILLE TURNPIKE, CENTERVILLE DISTRICT, VIRGINIA BEACH", prepared by Land Design and Development, Inc., and dated January 18, 2007. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The building shall be constructed substantially in accordance with the submitted plan entitled "CENTERVILLE BP, 1909 CENTERVILLE TURNPIKE, VIRGINIA BEACH, VIRGINIA", prepared by Neil E. Bristow Architect, and dated 1/29/07. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. The dumpster shall be enclosed with a solid wall to match the building, and landscaped in accordance with Section 245(e) of the Zoning Ordinance. 5. Signage for the site shall be limited to: a. Directional signs; b. One monument -style freestanding sign, no more than eight (8) foot in height, set on a brick base to match the building brick and two building and / or canopy signs; c. If the canopy is replaced or modified, any striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and / or doors, canopy, light poles, or any other portion of the site. 6. No outdoor vending machines and / or display of merchandise shall be allowed. 7. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights of way in accordance with Section 246(d) of the Zoning Ordinance. 8. A Lighting Plan and / or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole -mounted and building -mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. If the lighting for the canopy is replaced it shall be recessed. The plan shall include provisions for implementing low-level security lighting for non -business hours. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CENTE AIwmI�yrff=mmGIwA WhM —. ti ti ;t ;aax irrr x�ews ww•xts t�eaMut u,rorv. �snat ,� r,., 'v �k14: t'<SS—Ef-8s04 � � WhM —. ecsa-�zs-u-_ �wrz �r'Jvvia vtawr �v1 aon��c as i�3ilH�ad MOISIHB '3 713N SN:Jtl!'/�3-13 'NV Id NOO�M vwsnn -i:�v3e v�..un i 3H.aNa�s aTn niH3J aoa� Q � as 3�ronH3irCa� i p 1. 8/14/87 Conditional Use Permit (Automobile Service Station and Car Approved Wash) 8/18/80 Rezoning R-8 Residential to B-2 Business A roved 2. 1/25/95 Conditional Use Permit Automobile Sales A roved 3. 12/9/03 Modification (to Rezoning and Conditional Use Permit Approved approved 2/11/03) 2/11/03 Conditional Use Permit (Mini -storage, office, and caretaker's Approved quarters) 7/11/80 Rezoning R -51D Residential to B-2 Business Approved �1_ 1 1 1 1 1 11 [a 'I 1 W -100,I 1 an I'll, tL "81 gi 7r, —15 QLu s0"3.,maa mu i3 iS� 14 00 IR E@ Sc ta >r ot 0 C7i m 1 W -100,I 1 an I'll, tL "81 gi QLu s0"3.,maa 1 W -100,I 1 an I'll, 00 IR ot 0 C7i m 10 D. L 22 C, 'a V CIA 1 W -100,I 1 an I'll, Item #10 Centerville BP, Inc. Modification of Conditions 1909 Centerville Turnpike District 1 Centerville April 11, 2007 CONSENT Janice Anderson: The last item is agenda item 10. That is the application of Centerville BP, Inc. It is for a Modification of Conditions placed on a Conditional Use Permit that was approved by City Council back in September 1987. It is on property at 1909 Centerville Turnpike, Centerville District. Mr. Bourdon. Eddie Bourdon: Thank you again Madame Secretary. Mr. Chairman, for the record, Eddie Bourdon, Virginia Beach attorney representing the applicant. All of the eight conditions set forth in the staff evaluation on page 4 are acceptable to my clients, and we appreciate being on the consent agenda. I do want to just put on the record, I don't think it needs comment, there is a reference on page 2 to a potential 18 -foot dedication of right- of-way. That is a potential because that is not a condition. If the plan doesn't work with a 18 -foot dedication of right-of-way, and this Use doesn't give rise to the ability to take that dedication because the use is already there. That is something that we will deal with at site plan review, which is what the comment says, but I didn't want not to at least comment on the fact that we're not agreeing passively to an 18 -foot right-of-way dedication. Thank you. Janice Anderson: Thank you. Is there any objection to this matter being placed on the consent agenda? Gene Crabtree will review this application for us. Eugene Crabtree: This service station has been there since 1987 with a car wash. They have decided now to remove the car wash and put a convenience store in place of the car wash. In the process of doing this, the property is going to be improved from an aesthetic standpoint of view, and between the landscaping and the new building that is going to be put on this piece of property, it will drastically improve the appearance of this corner. Therefore, we could put it on the consent agenda. Janice Anderson: Thank you Mr. Crabtree. Mr. Chairman, I make a motion to approve the following item 10. Barry Knight: Thank you. There is a motion on the floor by Jan Anderson and seconded by Don Horsley. I'll call for the question. AYE 10 NAY 0 ABS 0 ABSENT 1 Item #10 Centerville BP, Inc. Page 2 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 10 for consent. Barry Knight: Thank you. w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution authorizing the Enlargement of a Nonconforming Use on property located at 405 23rd Street. DISTRICT 6 — BEACH MEETING DATE: May 8, 2007 ■ Background: The applicant requests renovation of an existing two (2) story single-family structure and an existing two (2) story building with four (4) apartment units. Both buildings are located on the same lot. The site is zoned A-12 Apartment, which allows multi -family dwellings but does not allow single-family dwellings. Since both a single-family and a multi -family dwelling consisting of a total of five (5) units are located on this one parcel, the buildings are non -conforming, and City Council approval is necessary to allow any modification to the buildings. Considerations: The applicant proposes the following: (1) replace the deteriorating wood siding with cement fiber board; (2) renovate the complete interior of both structures to bring them up to Building Code requirements; (3) enclose rear porches on apartment building to add additional living space; (4) install all new windows; (5) upgrade the landscaping on the site; (6) install white vinyl fence along the right (east) side of property; and (7) add gravel to rear (north) of site for parking. A portion of this work has already begun with appropriate building permits; however, some of the exterior remodeling was started prior to obtaining proper permits from the Building Official's office. The proposal includes eliminating the existing upper rear porches on the apartment structure, replacing the landing and steps to the 2nd floor west unit and adding a landing and steps to the 2nd floor east unit. These second set of stairs will replace a very narrow, interior set of stairs that do not currently meet the Building Code. The new steps will encroach into the 10 -foot rear yard setback with the steps and the landing by approximately two (2) feet, as they will be only eight (8) feet from the rear property line. The 2nd floor western porch has recently been closed in without a permit. ■ Recommendations: The proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use. The neighborhood is an eclectic mix of single-family bungalows and cottages, and two and three story duplexes. Alex Wolcott Page 2 of 2 Staff recommends approval of this request with the conditions below. The proposal, however, does include enclosing two (2) existing porches on the north fagade of the rear building. Staffs position is that these porches, although small, add architectural interest to the building and recommend that the porches remain open. The Old Beach Design Guidelines specifically recommend that open unenclosed porches are desired as "Designs should include porches & other outdoor spaces." The guidelines recommend the use of "...open, unenclosed porches along street and alley fronts" and that "porches create a sense of presence and orientation." Condition 2 addresses this issue. 1. Exterior siding of both structures shall be either cedar shake or cement fiber board. 2. The rear, 2nd floor porches of the apartment building shall remain open (unenclosed) with a minimum of 64 square feet, or a size as required by the Building Official's Office, whichever is greater. 3. Chain-link fence shall be prohibited on the site. Any fencing shall match the existing white vinyl fence as depicted in the photograph labeled, "23rd Street fence," dated April 1, 2007, on file with the Planning Department. 4. Pedestrian access, utilizing concrete, pavers, pea gravel, or similar material shall be provided from 23rd Street to the structure located on the rear of the lot to enable on -street parking for occupants and their guests. This shall be depicted on the site plan. 5. The area designated for parking, along the northern property line, shall be pavers or a similar semi -impervious material. Said material shall be indicated on the site plan. 6. Final architectural elevations of the rear, apartment structure and a site plan depicting the above information shall be submitted to the Planning Department for review and approval prior to the issuance of a building permit for renovation of the rear, apartment structure. ■ Attachments: Staff Review Disclosure Statement Location Map Resolution Recommended Action: Approval. Submitting Department/A ency: Planning Department '-:6 City Manager. Z i 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 405 23rd STREET, IN THE BEACH DISTRICT 4 WHEREAS, Alex Wolcott (hereinafter the "Applicant") has 5 made application to the City Council for authorization to 6 enlarge a nonconforming use with the renovation of a single - 7 family dwelling and an apartment building on a certain lot or 8 parcel of land having the address of 405 23rd, in the A-12 9 Apartment District; and 10 11 WHEREAS, the said use is nonconforming, as single-family 12 dwellings are not allowed in the A-12 Apartment District and 13 there are two dwellings on the subject lot, and more than one 14 dwelling on a single lot is not allowed; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning 17 Ordinance, the enlargement 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 enlarged, will 20 be equally appropriate or more appropriate to the zoning 21 district than is the existing use; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 That the City Council hereby finds that the proposed use, 26 as enlarged, will be equally appropriate to the district as is 27 the existing use. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 That the proposed enlargement of the existing dwellings is 32 hereby authorized, upon the following conditions: 33 34 1. Exterior siding of both structures shall be wither 35 cedar shake or cement fiber board. 36 37 2. The rear 2nd floor porches of the apartment building 38 shall remain open (unenclosed) with a minimum of 64 square feet, 39 or a size as required by the Building Official's Office, 40 whichever is greater. 41 42 3. Chain-link fence shall be prohibited on the site. Any 43 fencing shall match the existing white vinyl fence as depicted 44 in the photograph labeled "23rd Street fence," dated April 1, 45 2007, on file with the Planning Department. 46 47 4. Pedestrian access utilizing concrete pavers, pea 48 gravel or similar material shall be provided from 23rd Street to 49 the structure located on the rear of the lot to enable on -street 50 parking for occupants and their guests. This shall be depicted 51 on the site plan. 52 53 5. The area designated for parking, along the northern 54 property line, shall be pavers or a similar semi -impervious 55 material. Said material shall be indicated on the site plan. 56 57 6. Final architectural elevations of the rear apartment 58 structure and a site plan depicting the above information shall 59 be submitted to the Planning Department for review and approval 60 prior to the issuance of a building permit for renovation of the 61 rear apartment structure. 62 63 Adopted by the Council of the City of Virginia Beach, 64 Virginia, on the day of May, 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA10379 V:\applications\citylawprod\cycom32\Wpdocs\D024\P001\00032042.DOC R-1 April 24, 2007 ALEX WOLCOTT May 8, 2007 City Council Meeting Staff Planner: Carolyn A.K. Smith REQUEST: Enlargement of a Nonconforminq Use for the renovation of two (2) structures on the same parcel: a single-family dwelling and a building with four (4) apartments. ADDRESS / DESCRIPTION: Property located at 405 23ftl Street GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24270931310000 6 - BEACH 6,500 square feet The applicant requests renovation of an existing two (2) story SUMMARY OF REQUEST single-family structure and an existing two (2) story building with four (4) apartment units. Both buildings are located on the same lot. The site is zoned A-12 Apartment, which allows multi -family dwellings but does not allow single-family dwellings. Since both a single-family and a multi -family dwelling consisting of a total of five (5) units are located on this one parcel, the buildings are non -conforming, and City Council approval is necessary to allow any modification to the buildings. Additionally, as the lot is only 6,500 square feet, and is therefore allowed only 1.68 units to the acre, the number of dwelling units on the parcel exceeds the density allowed by the Zoning Ordinance, and is non -conforming. According to City records, the buildings were constructed in 1941, with one of the buildings being converted to apartments in the late -1960s or early -1970s. The exact time frame that the apartments were developed is not clear. The apartment structure is located on the rear of the property, behind the existing single-family dwelling, with ingress/egress via the existing alley. The applicant proposes the following: (1) replace the deteriorating wood siding with cement fiber board; (2) renovate the complete interior of both structures to bring them up to Building Code requirements; (3) enclose rear porches on apartment building to add additional living space; (4) install all new windows; (5) upgrade the landscaping on the site; (6) install white vinyl fence along the right (east) side of property; and (7) add gravel to rear (north) of site for parking. A portion of this work has already begun with appropriate building permits; however, some of the exterior remodeling was started prior to obtaining proper permits from the Building Official's office. The site plan also depicts a parking area for the occupants of the four (4) apartment units that, under City standards, can only accommodate two (2), 9 foot by 18 foot parallel parking spaces. ALEX WOLCOTT May 8, 2007 City Council Meeting Page 1 The proposal includes eliminating the existing upper rear porches on the apartment structure, replacing the landing and steps to the 2nd floor west unit and adding a landing and steps to the 2"d floor east unit. These second set of stairs will replace a very narrow, interior set of stairs that do not currently meet the Building Code. The new steps will encroach into the 10 -foot rear yard setback with the steps and the landing by approximately two (2) feet, as they will be only eight (8) feet from the rear property line. The 2nd floor western porch has recently been closed in without a permit. Staff concludes that the porches add architectural interest to the building and recommend that the porches remain open. The Old Beach Overlay District, adopted December 20, 2005, was created to preserve and enhance the historic status of the Old Beach Neighborhood and to encourage resort residential development (both new construction and redevelopment) compatible with the Old Beach Design Guidelines. The Old Beach Design Guidelines specifically recommend that open unenclosed porches are desired as "Designs should include porches & other outdoor spaces." The guidelines recommend the use of "...open, unenclosed porches along street and alley fronts" and that "porches create a sense of presence and orientation." The guidelines continue to say that in an effort to eliminate the appearance of one-dimensional box -like buildings, architectural elements, such as porches, bay windows, entry areas, and awnings should be considered and encouraged. LAND USE AND ZONING INFORMATION EXISTING LAND USE: single-family and multifamily dwellings (apartments) SURROUNDING LAND North: . Alley, vacant/ A-12 Apartment District USE AND ZONING: South: . 23rd Street, duplex / A-12 Apartment District East: . Single-family dwelling / A-12 Apartment District West: . vacant, single-family dwelling/ A-12 Apartment District NATURAL RESOURCE AND There do not appear to be any significant environmental resources or CULTURAL FEATURES: cultural features on the site, as it is developed with residential units. 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)• 23rd Street in the vicinity of this application is a two lane undivided local street. There are currently no CIP projects scheduled for this section of 23rd Street. ALEX WOLCOTT May 8, 2007 City Council Meeting Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 23ra Street No data No data available Existing Land Use — 27 available ADT Proposed Land Use 3— 27 ADT Average Dally I I1pz 2 as defined by existing use 3 as defined by proposed use WATER & SEWER: This site is already connected to City water and City sewer. EVALUATION AND RECOMMENDATION Staff recommends approval of this request. The single-family dwelling and the structure in the rear of the site were built in 1941. Both structures have interesting architectural details that this renovation will preserve. The proposed exterior building materials are high quality and are in keeping with the vernacular beach -cottage style desired at the Oceanfront. The proposal, however, does include enclosing two (2) existing porches on the north facade of the rear building. Staffs position is that these porches, although small, add architectural interest to the building and recommend that the porches remain open. The Old Beach Overlay District, adopted December 20, 2005, was created to preserve and enhance the historic status of the Old Beach Neighborhood and to encourage resort residential development (both new construction and redevelopment) compatible with the Old Beach Design Guidelines. The Old Beach Design Guidelines specifically recommend that open unenclosed porches are desired as "Designs should include porches & other outdoor spaces." The guidelines recommend the use of "...open, unenclosed porches along street and alley fronts" and that "porches create a sense of presence and orientation." The guidelines continue to say that in an effort to eliminate the appearance of one-dimensional box -like buildings, architectural elements, such as porches, bay windows, entry areas, and awnings should be considered and encouraged. In sum, the rehabilitation of the structures will have a minimal impact on surrounding properties, and should be as appropriate to the district as the existing non -conforming use. The request, therefore, is acceptable as conditioned below. CONDITIONS 1. Exterior siding of both structures shall be either cedar shake or cement fiber board. 2. The rear, 2nd floor porches of the apartment building shall remain open (unenclosed) with a minimum ALEX WOLCOTT May 8, 2007 City Council Meeting Page 3 of 64 square feet, or a size as required by the Building Official's Office, whichever is greater. 3. Chain-link fence shall be prohibited on the site. Any fencing shall match the existing white vinyl fence as depicted in the photograph labeled, "23rd Street fence," dated April 1, 2007, on file with the Planning Department. 4. Pedestrian access, utilizing concrete, pavers, pea gravel, or similar material shall be provided from 23rdStreet to the structure located on the rear of the lot to enable on -street parking for occupants and their guests. This shall be depicted on the site plan. 5. The area designated for parking, along the northern property line, shall be pavers or a similar semi - impervious material. Said material shall be indicated on the site plan. 6. Final architectural elevations of the rear, apartment structure and a site plan depicting the above information shall be submitted to the Planning Department for review and approval prior to the issuance of a building permit for renovation of the rear, apartment structure. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ALEX WOLCOTT May 8, 2007 City Council Meeting Page 4 ALEX WOLCOTT May 8, 2007 City Council Meeting Page 6 Proposed Parking Area PROPOSED SITE PLAN ALEX WOLCOTT May 8, 2007 City Council Meeting Page 7 Proposed Steps &Landing `f 0' ALLEY Existing Steps & Landing 1 v To Be Replaced7+7 F 50' a P� y20.5' O t8. to O n; 00 O I In •• Cd LOT 7 AND PARTS N 1 TW FRAME Y n OF LOTS 5 AND 9 NO ADDRESS DISPLAYED 6,500 SO. FT. I 42.3' Z -17- 0.1492 ACRES g j 7 2ND FLOOR Fence Already Removed i WOODEN DECK REMAINDER 11 I REMAINDER Q OF LOT 9 , OF LOT 5 D �.. 24.3' , W TWO STORY FRAME ; m N o NO 'PISPLA ADDRESS 0. YED 10.7-� 10.5'o 7 022 I . LU ? O _ eF 50' 5' (PLAT) TO LTH 0 VAL77C z o AVENUE ��,P' G END . , .. . _ � r . .. �G3 .. • • . ,. � 02/27/2007 r OF PAVEMENT 23RD STREET JOHN F. HILL, JR. a :RETE CURB AND GUTTER (80' RIGHT OF WAY) No. 1433-B (KENTUCKY AVENUE PER PLAT) ' 'ERTY LINE ( Q) cn iun d V PROPOSED SITE PLAN ALEX WOLCOTT May 8, 2007 City Council Meeting Page 7 � C � a � v c i _ c c k m g U C G O q • J P U 1 y 0 7 's y t z O N m U J mc C cc 7Fj 'n m� ncin cr H x M v = 4"o E a c V N c c c E=_ Nu°oc OG � J>= _ G�ji° U > Ec'=Ecv�°$� u Oc=Z ''XJ -nc?Fi_hE o='o o m c.,'� c o;c; gg x'32,=cG mL�_ �� OD•f� a Q'°IiyN �m°��'�n k 76 a3 acg 9 c � N - 2u RN6. Q c- ia�oc�SE`Q�;�jjo � _ � v c w ON �_ o m ZE w ° `77, CL Ir _CL R � OIZd1TTddd HSa 9NIMON030NON DISCLOSURE STATEMENT ALEX WOLCOTT May 8, 2007 City Council Meeting Page 9 CUP - for Bulk Storage Yard 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Concut I, L.L.C. for a Conditional Use Permit for a bulk storage yard on property located at 535 London Bridge Road (GPIN 1496898291). DISTRICT 6 — BEACH MEETING DATE: May 8, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow bulk storage of service vehicles and construction equipment. The property has been utilized as a storage yard for approximately 15 years. The applicant was initially unaware of the need for a Conditional Use Permit to store vehicles. When business partners recently split, the departing partner removed the fencing that was located around storage site, revealing the stored vehicles. The remaining partner, the applicant, was then informed that a Conditional Use Permit for a bulk storage yard is required to store vehicles. ■ Considerations: The subject property is described as Unit D in an industrial land condominium. Unit D has little visibility from any public right-of-way, as it is located at the western end of the larger parcel that stretches eastward to London Bridge Road. The site is unpaved and is solely used as a storage yard for service vehicles and construction equipment. There are no buildings or structures located within the confines of the site. A solid six (6) foot tall fence will enclose the site. The applicant requests elimination of the required Category VI landscaping on the south and east sides of the property, because there is a ditch with natural vegetation along the south property line and the east side of the property is adjacent to an industrial use also owned by the applicant. The Comprehensive Plan designates this site to be within the Strategic Growth Area 9. Low intensity industrial uses that conform to AICUZ provisions are suitable for this area. The bulk storage yard is a compatible use within the Greater than 75 dB Ldn AICUZ. This proposal is also compatible with the adjacent light industrial uses. The applicant's request to waive landscaping along the south and east sides of the property is acceptable given this site does not front onto a public right -a -way and is fully surrounded by other light industrial uses. A landscape buffer is usually provided to improve the appearance of the site from the street or to provide a visual and sound buffer between a higher - intensity bulk storage use and a lower -intensity use. Given this site is not located on a public right-of-way, is surrounded by similar industrial zoning uses, and is adjacent to property owned by the applicant, a solid fence of at least six (6) feet Concut I, L.L.C. Page 2 of 2 should provide adequate screening. As such, staff recommends approval of the request with the conditions listed below. The Planning Commission placed this item on the consent agenda because the use is compatible to the surrounding area, the use is consistent with the Comprehensive Plan's land use recommendations, 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 conditions: 1. A site plan depicting the overall design and layout of the bulk storage yard shall be submitted within sixty (60) days to the Planning Department / Development Services Center for review and approval. 2. A stormwater management plan must be submitted within sixty (60) days to the Planning Department / Development Service Center for review and approval. 3. The equipment storage yard shall have Category VI screening along the north and west sides of the property. 4. The equipment storage yard may be gravel provided a waiver of on-site improvements is requested and approved by the Planning Director. 5. No outdoor storage of parts, equipment, or vehicles that are in a state of obvious disrepair shall be permitted. ■ 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: CONCUT I, L.L.C. Agenda Item 5 April 11, 2007 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for a bulk storage yard. CUP - ror Bulk Storage Yard ADDRESS / DESCRIPTION: 535 London Bridge Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14968982910001 6 - BEACH 13,939 square feet The applicant requests a Conditional Use Permit to allow bulk SUMMARY OF REQUEST storage of service vehicles and construction equipment. The property has been utilized as a storage yard for approximately 15 years. The applicant was initially unaware of the need for a Conditional Use Permit to store vehicles. When business partners recently split, the departing partner removed the fencing that was located around storage site. The remaining partner, the applicant, was then informed that a Conditional Use Permit for a bulk storage yard is required to store vehicles. The subject property is described as Unit ("D") in an industrial land condominium. It essentially is not visible from any public right-of-way, being at the western end of a parcel that stretches eastward to London Bridge Road. The site is unpaved and is solely used as a storage yard for service vehicles and construction equipment. There are no buildings or structures located within the confines of the site. A solid six (6) foot tall fence will enclose the site. The applicant requests elimination of the required Category VI landscaping on the south and east sides of the property, because there is a ditch with natural vegetation along the south property line and the east side of the property is adjacent to an industrial use also owned by the applicant. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Automobile storage yard. CONCUT I, L.L.C. Agenda Item 5 Page 1 SURROUNDING LAND North: . Office, warehouse and auto repair / 1-1 Light Industrial District USE AND ZONING: South: . Office & warehouse / 1-1 Light Industrial District East: . Office & warehouse / 1-1 Light Industrial District • London Bridge Road • NAS Oceana West: . Warehouse / 1-1 Light Industrial District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known cultural or historic features on the site. AICUZ: The site is in an AICUZ of greater than 75 dB Ldn surrounding NAS Oceana. The Navy has no objections to the request. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP)• London Bridge Road in the vicinity of this application is a four -lane divided major suburban arterial. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic London Bridge 25,423 ADT 32,500 ADT (Level of No professional trip Road Service "C) generation data is available. Traffic Engineering does not anticipate the proposed use to impact traffic. Average Daily Trips WATER: This site is currently connected to City water. There is an existing water meter, which may be used or upgraded. SEWER: This site is currently connected to City sanitary sewer. Analysis of Pump Station #514 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 -inch City sanitary sewer main in London Bridge Road fronting the lot of the site. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan designates this site to be within the Strategic Growth Area 9. Low intensity industrial uses that conform to AICUZ provisions are suitable for the southern and eastern part of this CONCUT f, L.L.C. Agenda Item -5 Page 2 Strategic Growth Area. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. Evaluation: The bulk storage yard as proposed is considered a compatible use within the greater than 75 dB Ldn AICUZ. This proposal is also compatible with the adjacent light industrial uses. The applicant's request for to waive landscaping along the south and east sides of the property is acceptable given this site does not front onto a public right -a -way and is fully surrounded by other light industrial uses. A landscape buffer is usually provided to improve the appearance of the site from the street or to provide a visual and sound buffer between the higher intensity bulk storage use adjacent to a lower intensity use. Given this site is not located on a public right-of-way, is surrounded by like industrial zoning uses, and is adjacent to property owned by the applicant, a solid fence of at least six (6) feet should provide adequate screening. As such, staff recommends approval of the request with the conditions listed below. CONDITIONS 1. A site plan depicting the overall design and layout of the bulk storage yard shall be submitted within sixty (60) days to the Planning Department / Development Services Center for review and approval. 2. A stormwater management plan must be submitted within sixty (60) days to the Planning Department / Development Service Center for review and approval. 3. The equipment storage yard shall have Category VI screening along the north and west sides of the property. 4. The equipment storage yard may be gravel provided a waiver of on-site improvements is requested and approved by the Planning Director. 5. No outdoor storage of parts, equipment, or vehicles that are in a state of obvious disrepair shall be permitted. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AMNIA PROPOSED SITE ALAN PHOTOGRAPH OF EXISTING CONDITIONS Date 05/26/92 01/23//96 05/22/89 04/24/89 02/26/02 01/28/03 05/22/89 05/08/89 Description Conditional Use Permit (tower) Conditional Use Permit 125' communication tower Conditional Use Permit auto repair Conditional Use Permit (pistol range) Conditional Use Permit (tattoo & body piercing facility) Conditional Use Permit tattoo & body piercing studio 1 Conditional Use Permit (storage) Conditional Use Permit auto repair) Action Granted Granted Granted Granted Granted Granted Granted Granted # 1 2 3 4 5 Lw- �4, NOIJ,t�JITddV ljnrrd �SR7VNOI�i�IWIO) z LLI Q 4-- U) Lu t!) i0 V d o. It m t OO.0 L 3aav » n a 3 m' lz a. m vtc-9 'a ,. >�o 'i7'9 �:-'a � moi Soo 5.0 cnp..s u w 'm boa urt 182 cc.des OE��::=moo � sy c $ a a 6-6 c c c J«gip EsQ csa�2 ffi 4 '2 `owQ� t� Q arw i4' aL�t!a st 3 WQj s° off' y5o ' gcai t0 mcmE�r411 # a .. C_ U L o '�{ O Cf al m s C C ym� go 2m c� o c >�mgom�e�o mea« q�Cdaa Jcens7ncd Y tD 0 and o .. � Q aAm +. m &@ w C d" C C a Hs -' d o Q O Cly W� 0 i t c m "_ ate. cL 0 �4, NOIJ,t�JITddV ljnrrd �SR7VNOI�i�IWIO) z LLI Q 4-- U) Lu t!) i0 V d It m t ? � » n a lz a. m vtc-9 'a ,. 'i7'9 g - CL ti p as L urt tU � sy $ a a 6-6 Sd ` C? m_��CS Gia i4' �4, NOIJ,t�JITddV ljnrrd �SR7VNOI�i�IWIO) z LLI Q 4-- U) Lu t!) i0 V d DISCLOSURE t ? � yy m L urt tU � sy Sd ` S $ is Q O Cly W� 0 i t c m "_ ate. aac3 G.Coii o[s $;� aoc j{ wq o� oz f3 dep # E •c a�Uy f a a S a a�� i ( I13 yg�JnUa {t �:?pa DISCLOSURE Item #5 Concut 1, L.L.C. Conditional Use Permit 535 London Bridge Road District 6 Beach April 11, 2007 CONSENT Janice Anderson:' The next matter is agenda item 5. It's an application of Concut 1, L.L.C. This is for a Conditional Use Permit for a bulk storage yard on property located at 535 London Bridge Road in the Beach District. Mr. Bourdon? Eddie Bourdon: Thank you Ms. Anderson and Mr. Chairman. Eddie Bourdon, for the record representing the applicant. We are in accord with all the conditions that your staff recommends. We appreciate Leslie Bonilla's work with us on this application. We appreciate being on the consent agenda. Janice Anderson: Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Jay Bernas to review this application for us. Jay Bernas: This is an application for a Conditional Use Permit for bulk -storage. Basically, it has been utilized as a storage yard for about 15 years. It wasn't found out until recently that they needed a Conditional Use Permit for the bulk storage. The bulk storage is considered a compatible use in this area, which is greater than the 75 dB in the AICUZ zone. And given that this site is not located in the public right-of-way and is surrounded by industrial zoning uses, and the adjacent property is owned by the applicant, and there will be a solid six foot fence around the property providing screening, the Commission felt that it should be placed on the consent agenda for approval. Janice Anderson: Thank you Mr. Berms. Mr. Chairman, I make a motion to approve the following item 5. Barry Knight: Thank you. There is a motion on the floor by Jan Anderson and seconded by Don Horsley. I'll call for the question. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE Item #5 Concut 1, L.L.C. Page 2 KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 5 for consent. CUP for Pier .zy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of CKC Properties, L.L.C. for a Conditional Use Permit for a pier on property located at 2533 Virginia Beach Boulevard (GPIN 1497744485). DISTRICT 6 — BEACH MEETING DATE: May 8, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow the construction of a private pier for the use of the business that is located on the subject parcel. ■ Considerations: The submitted site plan depicts a 186 -foot open pile timber pier with a 20 -foot by 20 -foot dock area. The proposed pier is only for the use of the business located on the parcel. It will not be available to the public and will not be used for a commercial pier. The Planning Commission placed this item on the consent agenda because the pier will be for the private use of the business 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 conditions: 1. The applicant shall obtain approval for a Joint Permit Application from the Planning Department. 2. The pier shall not be available to the general public and shall not be used as a commercial pier. 3. The applicant shall obtain approval from the City of Virginia Beach for an encroachment into the City's canal easement over London Bridge Creek. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency:PlPla(nnniing Departmen City Manager: � �� Y - CKC PROPERTIES, LLC Agenda Item 9 April 11, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for a pier ADDRESS / DESCRIPTION: Property located at 2533 Virginia Beach Boulevard GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14977444850000 6 - BEACH 3.71 acres The applicant requests a Conditional Use Permit to allow the SUMMARY OF REQUEST construction of a private pier. The applicant states the pier will be for the private use of the business that is located on the subject parcel. The submitted site plan depicts a 186 -foot open pile timber pier with a 20 -foot by 20 -foot dock area. The length of the proposed pier is 153 -feet channel ward of mean high water and 59 -feet channel ward of mean low water. LAND USE AND ZONING INFORMATION EXISTING LAND USE: An office building and associated parking occupies the site. SURROUNDING LAND North: . An office building under construction / B-2 Business USE AND ZONING: South: • London Bridge Creek and Norfolk and Southern Railroad right- of-way East: . London Bridge Creek West: . Single-family dwellings / R-7.5 Residential NATURAL RESOURCE AND The site is affected by the Chesapeake Bay Preservation Area CULTURAL FEATURES: (Resource Protection Area). Piers do not require approval from the Chesapeake Bay Board. The applicant will, however, need to obtain an approved Joint Permit Application from the Planning Department. AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn and an Accident Potential Zone I (APZ-1) surrounding NAS Oceana. The proposed use is compatible within these areas. IMPACT ON CITY SERVICES City Services are not impacted by the request. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: Staff finds the request reasonable. The proposed pier is only for the use of the business located on the parcel. It will not be available to the public and will not be used for a commercial pier. CONDITIONS 1. The applicant shall obtain approval for a Joint Permit Application from the Planning Department. 2. The pier shall not be available to the general public and shall not be used as a commercial pier. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CKC BLVD. w N E �RG1NtA BLE ( VAR1AY s N/F.COMMONWEALT)q OF VIRGINIA . GP1N: 7497-74-4709 _ O.S. 2641 PG. 1065 ' PARCEL A �. yC \ NIF CHRISTOPHER WOOLIMNE _ GPfN: 7497-74-279D O.B. 4453 PG , 1066 ' s BWtrm DNDER\ " ONSTRL'C710N 1 � IF2529 N/F MARK HECHT- GPIN:1497-.74-2687 1NSL' k 200372100205680 EX 2-STY4 A BIDG ,1 k y i N/F CHARLES TAYLOR $ GPW.11497-74-2573. D.B.. 3090 PG.546 N/F ANDREW NEUSERT?U. S PARCEL B W / PRWOSED GPIN:7497-74-2466 o.e.'3703 PG.10as er �' �•�� T w PIER y . W 1 !,� N/F PATRICK HENRY GPfN:1497-74-2346 0.8. 1732 PG 488 W / " / ♦' lao N/F CHARLES-W1ILWAN GPIN 1497-74-2207 D.B. 736 PG 398pl. l H CF W IW r SMI1349PIJ BLVD. 8 P74NO., (2e RAT. BFRiLEiT NIF CITY OF VIRGINIA BEACH W 1 } 18335 ♦ 2/�i GPIN:1467-13-1924 0 FSS<ONAL EAG GPIN. 7497 74 4485 ZONING B-2 In 2005 WATERFRONT'. CONSVLTINC. INC. ALL R10HiS..RESERVED. SCALE 7 s W ZONING HISTORY CKC P RTIES, L.L.C. Subdivision Variance Rezoning (I-1 Light industrial to Conditional B-2 Approved Approved 1. 7/6/04 2. 4/10/01 Business and a Conditional Use Permit fuel sales Rezoning (B-2 Business to Conditional B-2 Business) Denied 3. 3/7/00 and Rezoning (1-1 Light Industrial to Conditional B-2 4. 4/11/95 Business Conditional Use Permit (Automobile storage) Approved 10/28/03 Conditional Use Permit Automobile Sales and Rental Approved Conditional Use Permit Automobile Repair) Approved 5. 3/25/97 ZONING HISTORY CKC P RTIES, L.L.C. Z w W M U) 3 CR hil 17 NOIJ,d'JPIddV1,IINNad aSarjVX0jjjaNO3_ 7 ? Mt 3 nn 114 1.25 11a0, =05 ZONIM111011 cY _5 ! 12 1111110sese Wat vigil HIM• 241 1:8 WAS! 0 4> Z $ -6 loss 'imam! Alt MITAN sla$ 0 1 :15 1191041810 Z C C. v&f ;y! quagly or, a -v g! : og CCDM0 41" so% p. too 2swashligH. I Vic 0 ea EM. E '3r!- E i h 1=1 SW8308 mail 1 ;i 1 2 Q *qQ-Z5Q;jy 2 j to 8: HIM -0025 SM 49 i lz" COX M1192. i US 0.e.. g �gu A g gj iami Q 0=0 - I S 22SLacaa cciz M CUA eg Cc; W!p *111 ro F 0 ? Ma a Z 0 OR &2 f t 0 Sol RES 11111 NI hil 17 NOIJ,d'JPIddV1,IINNad aSarjVX0jjjaNO3_ t~ cY _5 0 4> Z $ -6 0 f Z C C. C3 w sit 82 g a Z 0 OR 90 �'4 'into E9 or 0 ar ME E lost C 2.1 ZL 10. 6i ErMn L t~ cY 0 4> Z $ -6 0 f Z C C. C3 w DISCLOSURE STATEMENT CKC PROPERTIES, L.L.C. Agenda item 9, Item #9 CKC Properties, L.L.C. Conditional Use Permit 2533 Virginia Beach Boulevard District 6 Beach April 11, 2007 CONSENT Janice Anderson: The next item on the consent agenda is item 9. That is the application of CKC Properties, L.L.C. It is for a Conditional Use Permit for a pier also on the property adjacent to the previous one, 2533 Virginia Beach Boulevard in the Beach District. Robert Simon: Madame Secretary and members of the Planning Commission, for the record, I'm Robert Simon, Waterfront Consulting, here to represent this application. Again, we appreciate be placed on the consent agenda and are in full agreement with the conditions stated in the recommendation. Janice Anderson: Thank you very much. Robert Simon: Thanks. Janice Anderson: Is there any objection to this matter being placed on the consent agenda? Al Henley will explain this item. Al Henley: Thank you. This parcel is located at 2533 Virginia Beach Boulevard and has the same stipulations as item 8, with the exception that this pier will be 186 -foot open pile timber pier with a 20 -foot by 20 -foot dock area. The length of the proposed pier is 153 -feet channel ward of mean high water and 59 -feet channel ward of mean low water. The staff recommends approval of both of these applications. The staff finds the request reasonable. The proposed pier is only for private use for the business located at the parcels mentioned and will not be available for public and will not be used for commercial pier. Based on this information, the Planning Commission feels that this is reasonable and we have placed it on the consent agenda. Janice Anderson: Thank you Mr. Henley. Al Henley: Thank you. Janice Anderson. Mr. Chairman, I make a motion to approve the following item 9. Barry Knight: Thank you. There is a motion on the floor by Jan Anderson and seconded by Don Horsley. I'll call for the question. Item #9 CKC Properties, L.L.C. Page 2 Ed Weeden: By a vote of 10-0, the Board has approved item 9 for consent. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 9 for consent. CUP for Pier y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of D F I — Virginia Beach Blvd, LLC for a Conditional Use Permit for a pier on property located at 2529 Virginia Beach Boulevard (GPIN 1497746703). DISTRICT 6 — BEACH MEETING DATE: May 8, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow the construction of a private pier for the use of the business that will locate on the subject parcel. ■ Considerations: The submitted site plan depicts a 134 -foot open -pile timber pier with a 20 -foot by 20 -foot dock area. The proposed pier is only for the use of the business located on the parcel. It will not be available to the public and will not be used for a commercial pier. The Planning Commission placed this item on the consent agenda because the pier will be for the private use of the business 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 conditions: 1. The applicant shall obtain approval for a Joint Permit Application from the Planning Department. 2. The pier shall not be available to the general public and shall not be used as a commercial pier. 3. The applicant shall obtain approval from the City of Virginia Beach for an encroachment into the City's canal easement over London Bridge Creek. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: '"_ • '��61A- DFI — VIRGINIA BEACH BLVD, LLC. Agenda Item 8 April 11, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for a pier M�p. 1--7 D.F.I—Va Beach Blvd. LLC �t2 �2 w�<, 7 B 2I=1 Q�U�n`.b40` ✓ r✓ '- R^t© r 7V for Nier ADDRESS / DESCRIPTION: Property located at 2529 Virginia Beach Boulevard GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14977467030000 6 - BEACH 1.66 acres The applicant requests a Conditional Use Permit to allow the SUMMARY OF REQUEST construction of a private pier. The applicant states the pier will be for the private use of the business that will locate on the subject parcel. The submitted site plan depicts a 134 -foot open -pile timber pier with a 20 -foot by 20 -foot dock area. The length of the proposed pier is 110 -feet channelward of mean high water and 35 -feet channelward of mean low water. LAND USE AND ZONING INFORMATION EXISTING LAND USE: An office building is under construction on the site. SURROUNDING LAND North: . Virginia Beach Boulevard USE AND ZONING: South: . An office building and associated parking /B-2 Business East: . London Bridge Creek West: . Single-family dwellings / R-7.5 Residential NATURAL RESOURCE AND The site is affected by the Chesapeake Bay Preservation Area CULTURAL FEATURES: (Resource Protection Area). Piers do not require approval from the Chesapeake Bay Board. The applicant will, however, need to obtain an approved Joint Permit Application from the Planning Department_ DFI — VIRGINIA BEACH BOULEVARD, L.L.C. Agenda Item 8. Page 1 AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn and an Accident Potential Zone I (APZ-1) surrounding NAS Oceana. The proposed use is compatible within these areas. IMPACT ON CITY SERVICES City Services are not impacted by the request. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: Staff finds the request reasonable. The proposed pier is only for the use of the business located on the parcel. It will not be available to the public and will not be used for a commercial pier. CONDITIONS 1. The applicant shall obtain approval for a Joint Permit Application from the Planning Department. 2. The pier shall not be available to the general public and shall not be used as a commercial pier. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. DFI - VIRGINIA BEACH w E N �RGIN►A gEA R f W) W i (VARIABLE S � % 1 PARCEL A N/F COMMONWEALTH OF VIRGINIA •. . GP(N: 7497-74-4709 D.B. 2647 PC, 1065 r I W , x aTAJY c »u W 7G W N/F. CHRISTOPHER WOOLMNE GPIN:7497-74-2790 u LJ PR��SG j D.S. 4453' PC. 7066 PIER - 5BLQLQ= CONSTRUCROhl W W au W N/F MARK HECHT W W \ ) GPIN: 1497-7a-2681 y,�.y. 1 w ,i, \ (NST. /:. 200312100205680 _ VL 2 -STY BLDG. A2533 �. N/F CHARLES TAYLOR 9 W/ - GP+N:1497-74-2573 D.B. 3090 PG. -546 W W N/F .ANDREW NE118ERT ,=V PARCEL B W / v� W // •i GPIN:7497-74-2466 S D:8. 3703 PG. 7045 C Q � �C;• N/F PATRICK HENRY W / GPIN: 7497-74-2346 O.B. 7132 PC. 488 r9 N/F CHARLES WILLMAN GPIN:7497-74-2207 D.B. 735 PG 398 �2r / +w. �! �.+ EptTH OF SrUTHDN aLmX W 'Zs;�j'a.2 -4 g "') • p (24_R/N) g.r iU R�FIZ T. 68lt1 m v ♦. N/F CITY OF VIRGNA BEACH CP1N: 1467-13-1924 NO. 18135 Z ONAL GP1N. 1497 74 6703 ZONING 8-2 © 2006 WATERFRONT CONSULTWG INC. ALL. RIGHTS RESERVED. SCALE 1" _ 60' WATERFRONT CONwnONAL USE APPMAnON CONSULTING, INC SITE PLAN 1112 JENSEN DRIVE, STE. 206 FOR VIRGINIA BEACH, VA 23451 D PH: (757) *25-9244 PAX (757) 276-6687 PARCEL A, EUREKA PARK ENG6$ERWG SERVICES PRONOEO BY:: -. (M.S. 64 PG. 47) PROPOSEO SITE PLAN PCC, uc (757) 773-8084 SHEET i OF i DATE: FEBRUARY 1, 2007 1. 7/6/04 Subdivision Variance A roved 2. 4/10/01 Rezoning (1-1 Light industrial to Conditional B-2 Business) App roved and a Conditional Use Permit fuel sales 3. 3/7/00 Rezoning (B-2 Business to Conditional B-2 Business) and Denied Rezoning 1-1 Light Industrial to Conditional B-2 Business Approved 4. 4/11/95 Conditional Use Permit (Automobile storage) pp 10/28/03 Conditional Use Permit Automobile Sales and Rental A roved 5. 3/25/97 Conditional Use Permit Automobile Re air A roved ZONING HISTORY A S7 V t H T2 2� oo ED'6E SgE a E Q .x w h f1 EAU I-.relff-s 'Zoleacm 082A 0 2 s .0 KEE Is JS ec C-4 a *g7 .......... Av LU Item #8 DFI — Virginia Beach Blvd, L.L.C. Conditional Use Permit 2529 Virginia Beach Boulevard District 6 Beach April 11, 2007 CONSENT Janice Anderson: The next item is agenda item 8. D.F.I. Virginia Beach Boulevard, L.L.C. It is a Conditional Use Permit for a pier to be located on property at 2529 Virginia Beach Boulevard in the Beach District. Welcome sir. Robert Simon: Welcome. My name is Robert Simon, Waterfront Consulting. We appreciate being placed on the consent agenda. I'll be representing the next application, as well. We've read the conditions. We're in full compliance with those conditions. We have no questions. Janice Anderson: Thank you Mr. Simon. Is there any objection to this item being placed on the consent agenda? Al Henley will explain this item. Al Henley: Thank you. As stated, this property is located at 2529 Virginia Beach Boulevard. The applicant requests a Conditional Use Permit to allow the construction of a private pier. The applicant states that the pier will be private use of the business that will be located for the subject parcel. The submitted site plan depicts a 134 -foot open - pile timber pier with a 20 -foot by 20 -foot dock area. The length of the proposed pier is 110 feet channel ward of mean high water and 35 -feet channel ward of mean low water. The staff finds the request reasonable. The proposed pier is only for private use for the business located at the parcels mentioned and will not be available for public and will not be used for commercial pier. Based on this information, the Planning Commission feels that this is reasonable and we have placed it on the consent agenda. Janice Anderson: Thank you Mr. Henley. Al Henley: Thank you. Janice Anderson: Mr. Chairman, I make a motion to approve the following item 8. Barry Knight: Thank you. There is a motion on the floor by Jan Anderson and seconded by Don Horsley. I'll call for the question. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE Item #8 DFI — Virginia Beach Blvd, L.L.C. Page 2 BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 8 for consent. (-owtionai zoning change: trom B-2 to Conditional A-18 s» CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Windsor Oaks West Parcel 3, L.L.C. for a Change of Zoning District Classification from B-2 Community Business District to Conditional A-18 Apartment District on property located at 4392 Holland Road (GPIN 1476878534). DISTRICT 3 — ROSE HALL MEETING DATE: May 8, 2007 ■ Background: The applicant proposes to rezone an existing 1.78 -acre parcel, zoned B-2 Community Business District, to Conditional A-18 Apartment District for the development of 32 rental apartments within four (4) buildings. The apartment buildings developed on the parcel will be functionally and aesthetically integrated with the existing Shoreline Apartments to the north and west of the site. ■ Considerations: Ingress/egress will be provided via the existing apartment complex as well as through the existing B-2 property to the east. Landscape buffering will be installed along the southern and eastern property lines to add in screening this use from the adjacent shopping center. The exterior of the structures will mimic the architectural design and materials of the existing apartments. These materials include vinyl siding, asphalt shingle roofing, and metal -wrapped wood trim. The occupants of this facility will have the use of recreational amenities currently available to those living at the complex. While on its own separate lot, this proposed development will appear to be part of the existing complex. The request to rezone this property from B-2 Community Business District to Conditional A-18 Apartment District is acceptable as proffered. This request is a natural extension of the existing apartment complex located immediately adjacent to this site. There is a plethora of B-2 property in the vicinity that serves the residents of the area well. Rezoning this site for multi -family use is a preferred alternative to single-family or other low-density residential uses. The Planning Commission placed this item on the consent agenda because this request will complement the existing apartment complex, the proposal is consistent with the recommendations of the Comprehensive Plan, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 with 1 abstention to approve this request, as proffered. Windsor Oaks West Parcel 3, L.L.C. Page 2 of 2 ■ 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: le 'Z� WINDSOR OAKS WEST PARCEL 39 L.L.C. Agenda Item April 11, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Change of Zoning District Classification from B-2 Business District to Conditional A-18 Apartment District. . ADDRESS / DESCRIPTION: Property located at 4392 Holland Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14768785340000 3 — ROSE HALL 1.778 acres The applicant proposes to rezone an existing 1.78 -acre parcel, SUMMARY OF REQUEST zoned B-2 Community Business District, to Conditional A-18 Apartment District for the development of 32 rental apartments within four (4) buildings. The proffer agreement indicates that the tenants will have access to all of the existing amenities on the apartment complex immediately adjacent. Ingress/egress will be provided via the existing apartment complex as well as through the existing B-2 property to the east. Landscape buffering will be installed along the southern and eastern property lines to add in screening this use from the adjacent shopping center. The exterior of the structures will mimic the architectural design and materials of the existing apartments. These materials include vinyl siding, asphalt shingle roofing, and metal -wrapped wood trim. Photos of the existing apartment buildings are found at the end of this report. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Apartments /A-12 Apartment District USE AND ZONING: South: Retail shops / B-2 Community Business District East: . Retail shops / B-2 Community Business District West: . Apartments / A-12 Apartment District NATURAL RESOURCE AND The majority of the site is grass field. There do not appear to be any CULTURAL FEATURES: significant environmental or cultural resources on the property. 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) Holland Road In the vicinity of this property Is considered a four (4) lane divided urban arterial. The MTP proposes this facility within a 155 foot right of way. A CIP is identified for Holland Road in the vicinity of this site for the construction of a six (6) lane divided highway. No funding has been identified for this CIP project. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Holland Road 43,131 ADT 14,800 ADT T (Level of Existing Land Use — Service "C") — 27,400 ADT 978 ADT ' (Level of Service "E") Proposed Land Use 3- 215 ADT Average Daily Trips Zas defined by existing B-2 zoning 3 as defined by 32 apartment units WATER: The Shoreline apartment complex currently connects to City water. Each unit has an individual water meter. There is an existing eight (8) inch water main within a public utility easement along the northwestern and northeastern property lines. SEWER: The Shoreline apartment complex currently connects to City sewer. Analysis of Pump Station #516 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 inch City gravity sanitary sewer main within a public utility easement along the northwestern and northeastern property lines. SCHOOLS: School E]� rrent Capacity Generation' Change 2 rollment 3 Windsor Oaks 513 553 3 Elementary1 1 Independence. Middle 1391 1224 1 1 Princess Anne Hi h 1925 1603 "generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: this parcel as The Comprehensive Plan identifies within the Primary Residential Area. The Plan's land use policies for this area reflect the importance of neighborhood character and its relationship to compatible land use and traffic management. 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 these neighborhoods should serve as a guide when considering future development. Evaluation: The request to rezone this property from B-2 Community Business District to Conditional A-18 Apartment District is acceptable subject to the proffers below. Staff views this request as a natural extension to the existing, attractive apartment complex located immediately adjacent to this site. There is a plethora of B- 2 property in the vicinity that serves the residents of the area well. Rezoning this site to apartment is a preferred alternative to single family or other low density residential uses. The architectural design and exterior building materials are proffered to mimic those of the existing apartments. The occupants of this facility will have the use of recreational amenities currently available to those living at the complex. While on its own separate lot, this site will simply meld into the existing complex. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Grantor shall develop the Property in substantial conformity with the concept plan prepared by NDI, L.L.C., Basgier and Associates Division, dated December 19, 2006, entitled "Rezoning Exhibit for Shoreline Apartments Addition, Virginia Beach, Virginia" (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: The development on the Property shall form an addition to and share in all of the amenities of the existing apartment community of Shoreline Apartments, such as a common stormwater retention pond, swimming pool, clubhouse, lakeside jogging trail, solarium Jacuzzi and dry sauna, fitness center and basketball court. The existing apartment community of Shoreline Apartments is located on parcels adjacent to the Property identified by GPINs 1476-87-4826 and 1476-88-9103. PROFFER 3: The Grantor shall develop the structures on the Property using architectural designs and building materials in substantial conformity with the existing apartment structures of Shoreline Apartments. Such existing structures are depicted in the brochure for Shoreline Apartments entitled "Shoreline", a copy of which is on file with the Department of Planning and has been exhibited to the City Council. Consistent with the existing apartment buildings of Shoreline Apartments, the visible exterior surfaces of the new apartment buildings constructed on the Property shall consist of all or any combination of vinyl siding, metal -wrapped wood trim, and asphalt roof shingles. PROFFER 4: The development on the Property shall not exceed thirty-two (32) dwelling units. 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 listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated February 1, 2007, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AIM —14 IA N 0 I N ------ + + 1 pegp 1 EXISTING APARTMEI ZONING HISTORY 10/12/04 09/09/03 MOD to LAND USE PLAN (auto service) MOD to LAND USE PLAN Granted Granted 1 05/25/04 MOD to LAND USE PLAN (motor vehicle sales Granted 2 12/18/01 CUP fuel sales Granted 3 4 09/22/98 CHANGE OF ZONING (B-2 & P-1 to I- 1 Granted 02/10/98 CHANGE OF ZONING (B-2 to A-18 Granted 5 ------jConditional 08/27/96 CUP motor vehicle rentals) Granted 6 ZONING HISTORY C, r z iLJ G Q LU cnO J 0 CD 7 � 6 E a c 23 �a O � .p 4 m m E Q c'f L ar U a .p o� cc t i :p tCtppV � mA Q.y Wo ! napis.3oQa aQ i z,a i oE GQ _ OO aaou :fS 4r Jct e Z O K Q r C m Q �• C p n 3 U 2 5. V O i itl er G O O• p' fl ti i L nG r1 R Qm�uoi a _ 53 I P i wue Aar c��n'#o Z 979 %._.5j f13 cc a n` E 32 c 3L y amo:s 0 am O �O �% p8-o _ ye R= R mu� 3 O a fp 7 o O .7`. 0 o2Q� Hf fj)A--i n i m V 'Q 10 C 7 � 6 E a c 23 �a O � .p Q c'f Ht GaaQ IL fi u. aQ i z,a i oE GQ _ OO aaou :fS 4r Jct e Z O K Q r C m Q �• C p n 3 U 2 5. V O i itl er G O O• p' fl ti i L nG r1 R Q o 53 a 0§ s a f13 cc a n` Q to)111►�N7Y � �4�iIiCiYT� O E � vi o E a c 23 Q c'f Ht GaaQ IL fi u. aQ i z,a i oE GQ _ OO aaou oG,� r Q r C m Q �• C — n 3 U 2 5. V O i itl er G O O• p' fl ti i L nG r1 R Q o f13 cc mac x amo:s 0 V Ofa 9 G O �O �% p8-o V ye R= R mu� 3 O a fp 7 o O .7`. 0 o2Q� O fj)A--i n i m V 'Q Item #3 Windsor Oaks West Parcel 3, L.L.C. Change of Zoning District Classification 4392 Holland Road District 3 Rose Hall April 11, 2007 CONSENT Barry Knight: The next items will be consent items on the agenda. The Vice Chair will handle this portion of the meeting. Janice Anderson: Thank you Chairman. This afternoon we have seven items on the consent agenda. The first item is agenda item 3, an application of Windsor Oaks West Parcel 3, L.L.C. This is an application for a Change of Zoning from B-2 Community Business District to Conditional A-12 Apartment District. This is on property located at 4392 Holland Road, Rose Hall District. Welcome Mr. Nutter. R.J. Nutter: Thank you very much. Thanks Ms. Anderson. Ladies and gentlemen of the Commission, my name is R.J. Nutter and I'm an attorney. I'm here representing Windsor Oaks West. The conditions are perfectly acceptable. It is all proffered conditional rezoning so we appreciate the conditions and placing this on the consent agenda. We look forward to working with Council in the next month. Janice Anderson: Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Gene Crabtree to review this application. Eugene Crabtree: First off, this is a Conditional Rezoning for A-18 Apartment zoning. This is going to be built right next door to an adjacent apartment complex. The new apartment complex will be able to use the amenities in the old apartment complex. The style of the buildings are almost identical one to the other, and it will compliment the shopping center and the apartments that are already there. Not only that, it is on a bus line, so there is a bus service for anyone living in the apartment which is also an additional amenity to this. The apartments are priced at such a range that it can be used in the upper level of affordable housing to some extent or for the workforce. And consequently because of these items, we have placed it on the consent agenda. Janice Anderson: Thank you Mr. Crabtree. I make a motion to approve item 3. Barry Knight: Thank you. There is a motion on the floor by Jan Anderson and seconded by Don Horsley. Ms. Katsias? Kathy Katsias: I have to abstain from item 3, Windsor Oaks West Parcel 3, L.L.C. My business does business with the applicant. Item #3 Windsor Oaks West Parcel 3, L.L.C. Page 2 Barry Knight: Thank you. Is there any other discussion? I'll call for the question. Ed Weeden: By a vote of 9-0, with the abstention so noted, the Board has approved item 3 for consent. AYE 9 NAY 0 ABS 1 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS ABS KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD ABSENT Ed Weeden: By a vote of 9-0, with the abstention so noted, the Board has approved item 3 for consent. tA•BEA'O-�. a r � 9 ? N OF OUR NAZ�O �.L In Reply Refer To Our File No. DF -6690 TO: Leslie L. Lilley FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: April 24, 2007 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Windsor Oaks West Parcel 3 The above -referenced conditional zoning application is scheduled to be heard by the City Council on May 8, 2007. 1 have reviewed the subject proffer agreement, dated February 1, 2007 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/als Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 1S` day of February, 2007, by and between WINDSOR OAKS WEST PARCEL 3 L.L.C., a Virginia limited liability company (hereinafter referred to as the "Grantor"), the current owner of that certain property located in the City of Virginia Beach, Virginia, which property consists of a 1.778 acre portion of the property identified by GPIN 1476-87-8534, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-2 to Conditional A-18; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional A-18 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-18 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted 'as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue GPIN NO. 1476-87-8534 despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons and other claiming ander or successors n through the Grantor, its heirs, personal representatives, assigns, grantees interest or title, namely: 1. The Grantor shall develop the Property in substantial conformity with the concept plan prepared by NDI, L.L.C., Basgier and Associates Division, dated December 19, 2006, entitled "Rezoning Exhibit for Shoreline Apartments Addition, Virginia Beach, Virginia" (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. The development on the Property shall form an addition to and share in all of the amenities of the existing apartment community of Shoreline Apartments, such as a common stormwater retention pond, swimming pool, clubhouse, lakeside jogging trail, solarium Jacuzzi and dry sauna, fitness center and basketball court. The existing apartment community of Shoreline Apartments is located on parcels adjacent to the Property identified by GPINs 1476-87-4826 and 1476-88-9103. 3. The Grantor shall develop the structures on the Property using architectural designs and building materials in substantial conformity with the existing apartment structures of Shoreline Apartments. Such existing structures are depicted in the brochure for Shoreline Apartments entitled "Shoreline", a copy of which is on file with the Department of Planning and has been exhibited to the City Council. Consistent with the existing apartment buildings of Shoreline Apartments, the visible exterior surfaces of the new apartment buildings constructed on the Property shall consist of all or any combination of vinyl siding, metal -wrapped wood trim, and asphalt roof shingles. 2 4. The development on the Property shall not exceed thirty-two (32) dwelling units. 5. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: WINDSOR OAKS WEST PARCEL 3, L.L.C., a Virginia limited liability company By: Michael D. Newsome, Authorized Agent COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this ! day of-�- g g ao by Mic6ael D. Newsome, who is personally known to me or has produced =' �,u as identification in his capacity as the Authorized Agent of Windsor Oaks West Parcel 3, L.L.C., a Virginia limited liability company, on behalf of the company. Notary Public My Commission Expires: 2C07 [NGTARIIAL SEAUSTAMPI 332'762.1 9 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Commencing at a point situate lying and being in the City of Virginia Beach, Virginia on the northerly right-of-way of Holland Road and on the dividing line between Parcel 3A and Parcel 3B, as recorded in Map Book 259, page 72, as recorded in the Clerk's Office of the Circuit of the City of Virginia Beach, Virginia; thence, following the aforementioned dividing line, N 36 DEGREES 27 MINUTES 42 SECONDS E a distance of 112.31'; thence N O1 DEGREES O1 MINUTES 32 SECONDS W a distance of 145.71'; thence N 88 DEGREES 58 MINUTES 58 SECONDS E a distance of 129.07'; thence with a curve turning to the left with an arc length of 106.37', with a radius of 117.91', with a chord bearing of N 63 DEGREES 00 MINUTES 35 SECONDS E, with a chord length of 102.80'; thence with a curve turning to the right with an arc length of 36.13', with a radius of 50.00', with a chord bearing of N 58 DEGREES 08 MINUTES 04 SECONDS E, with a chord length of 35.33'; thence with a curve turning to the left with an arc length of 36.11', with a radius of 50.00', with a chord bearing of N 57 DEGREES 56 MINUTES 35 SECONDS E, with a chord length of 35.33'; thence, following the dividing line between parcel 3A and the parcel owned now or formerly by Shoreline Apartments, L.L.C., N 37 DEGREES 17 MINUTES 46 SECONDS E a distance of 50.00'; thence S 52 DEGREES 42 MINUTES 14 SECONDS E a distance of 265.14', which is the point of beginning for the parcel to be re -zoned; thence N 43 DEGREES 15.MINUTES 07 SECONDS E a distance of 164.30'; thence N 36 DEGREES 51 MINUTES 12 SECONDS E a distance of 103.48'; thence S 53 DEGREES 08 MINUTES 48 SECONDS E a distance of 185.48'; thence, following the dividing line between Parcel 3A and Parcel 3C S 25 DEGREES 11 MINUTES 08 SECONDS E a distance of 85.00'; thence S 53 DEGREES 15 MINUTES 29 SECONDS E a distance of 79.79'; thence, following the westerly bounds of the property owned now or formerly by Holland Plaza Shopping Center, L.L.C., S 36 DEGREES 51 MINUTES 12 SECONDS W a distance of 155.41'; thence with a curve turning to the right with an arc length of 16.89', with a radius of 60.00', with a chord bearing of S 44 DEGREES 54 MINUTES 35 SECONDS W, with a chord length of 16.83'; thence with a curve turning to the left with an arc length of 23.01', with a radius of 336.00', with a chord bearing of S 51 DEGREES 00 MINUTES 53 SECONDS W, with a chord length of 23.01'; thence, following the southerly bounds of the parcel to be re -zoned, N 53 DEGREES 27 MINUTES 19 SECONDS W a distance of 309.10'; thence with a curve turning to the left with an arc length of 1.25', with a radius of 2.00', with a chord bearing of S 15 DEGREES 25 MINUTES 08 SECONDS W, with a chord length of 1.23% thence S 02 DEGREES 28 MINUTES 05 SECONDS E a distance of 16.17'; thence with a curve turning to the right with an arc length of 44.65', with a radius of 70.00', with a chord bearing of N 76 DEGREES 39 MINS 10 SECONDS W, with a chord length of 43.89'; thence N 29 DEGREES 34 MINUTES 20 SECONDS E a distance of 2.37% thence N 62 DEGREES 16 MINUTES 45 SECONDS W a distance of 11.99'; which is the point of beginning, containing 1.788 acres more or less. 5 L. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL M. UNFINISHED BUSINESS N. NEW BUSINESS p. ADJOURNMENT June 19 September 18 November 20 CITYWIDE TOWN MEETINGS Location To Be Announced — 7:15 pm Location To Be Announced — 7:15 pm Location To Be Announced — 7:15 pm CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE May 15 (Adoption) Agenda 5/8/07/st www vbQov.com Council Chamber at 6:00 p.m. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY OF VIRGINIA BEACH I-1 PUBLIC COMMENT PRESENTATIONTRobertHRTA SUMMARY OF COUNCIL ACTIONS (City's Participation) Ordinance to AUTHORIZE acquisition of ADOPTED BY 9-0 J/ property Potters RoadLynnhaven CONSENT V K-1 Parkway)Lynnhaven Road Southfrom THUMEL ASSOC, L.CJDIRECT City Manager to 0 EXCUTE an agreement 1 DISTRICT 5—LYNNHAVEN DISTRICT 6— BEACH M B 2 L ADOPTED BY 9-0 DATE: May 1, 2007 D CONSENT C E L E D H C R A W S I E J L N U N I PAGE: 1 T E D N 0 A D H U L W E Z Y L N N 0 R E S 0 AGENDA MOTION VOTE p E E E E A R I V 0 N 0 D ITEM # SUBJECT H L R Y S N F N A I WORKSHOP: A. RESOURCE MANAGEMENT PLAN (FY 2007-08 OperatingCapital BudgeO II/II I/ IV/ OF CLOSED SESSION CERTIFIED 10-0 Y Y A Y Y Y Y Y Y Y V -E CERTIFICATION F -I MINUTES APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y Public Hearing April 19, 2007 Informal/Formal Sessions April 24, 2007 G/ H-1 PUBLIC HEARING TAXI REGULATION/RECIPROCITY ISSUES 5 Speakers A I Y I A I Y I Y I Y I Y I Y I Y I Y I Y AIYIAIYIYIYIYIYIYIYIYII I-1 PUBLIC COMMENT PRESENTATIONTRobertHRTA (City's Participation) Ordinance to AUTHORIZE acquisition of ADOPTED BY 9-0 J/ property Potters RoadLynnhaven CONSENT K-1 Parkway)Lynnhaven Road Southfrom THUMEL ASSOC, L.CJDIRECT City Manager to EXCUTE an agreement DISTRICT 5—LYNNHAVEN DISTRICT 6— BEACH 2 Ordinance to AUTHORIZE a Franchise to ADOPTED BY 9-0 CAVALIER IPTV, LLC., re a Cable system CONSENT A I Y I A I Y I Y I Y I Y I Y I Y I Y I Y AIYIAIYIYIYIYIYIYIYIYII CITY OF VIRGINIA BEACH Ordinance to TRANSFER $3,900,000 within the FY 06-07 School Board Budget: ADOPTED BY CONSENT 9-0 A Y A Y Y Y Y Y Y Y Y a. $2,375,000 to Operations/Maintenance SUMMARY OF COUNCIL ACTIONS b. $500,000 to Transportation DATE: May 1, 2007 c. $825,000 to Administration O d. $200,000 to Cafeteria Fund M B L D APPOINTMENTS HEALTH SERVICES ADVISORY BOARD DEFERRED C E U PAGE: 2 E D H C R MINORITY BUSINESS COUNCIL S I Y E J L N U AGENDA ITEM # SUBJECTE MOTION VOTE T p H E Z E L D Y E R N L E Y O N E S A N A N D O R F H R I N 3 Ordinance to TRANSFER $3,900,000 within the FY 06-07 School Board Budget: ADOPTED BY CONSENT 9-0 A Y A Y Y Y Y Y Y Y Y a. $2,375,000 to Operations/Maintenance b. $500,000 to Transportation c. $825,000 to Administration d. $200,000 to Cafeteria Fund L Y C O N S E N S APPOINTMENTS HEALTH SERVICES ADVISORY BOARD DEFERRED B U S Y A Y Y Y Y Y Y MINORITY BUSINESS COUNCIL REAPPOINTED 10-0 Y Y Y 06/01/2007— 05/31/2009 2 year term Wanda J. Cooper James K. Hill Louis Rivera Prescott Sherrod Edwin G. Tirona John M. Williams OPEN SPACE ADVISORY COMMITTEE 10-0 Y Y A Y Y Y Y Y Y Y Y 06/01/2007— 05/31/2010 7term Fred G. Adams Richard "Tuck" Bowie Ruth Brooks Lillie R. Gilbert Steven A. Lurus Jeffrey L. Marks Charles R. Wall Kale S. Warren TOWING ADVISORY BOARD REAPPOINTED 10-0 Y Y A Y Y Y Y Y Y Y Y 06/01/2007- 05/31/2010 3 year tern MPO James D. Price M/ N/O ADJOURNMENT 8:00 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: May 1, 2007 PAGE: 3 AGENDA ITEM # SUBJECT CITYWIDE TOWN MEETINGS Location To Be Announced— 7:15 pm June 19 September 18 Location To Be Announced— 7:15 pm November 20 Location To Be Announced— 7:15 pm CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOPSCHEDULE May S (Reconciliation Workshop) Council Conference Room May 15 (Adoption) Council Chamber at 6:00 p.m. V 0 1 M B L D C E L E D H C R A W S I E J L N U N I T E D N 0 A D H U L W E Z y L N N 0 R E S 0 MOTION VOTE P E E E E A R I V A 0 O N D H L R Y S N F N CITYWIDE TOWN MEETINGS Location To Be Announced— 7:15 pm June 19 September 18 Location To Be Announced— 7:15 pm November 20 Location To Be Announced— 7:15 pm CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOPSCHEDULE May S (Reconciliation Workshop) Council Conference Room May 15 (Adoption) Council Chamber at 6:00 p.m.