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JUNE 12, 2007 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF. Ar -Large VICE MAYOR LOUIS R. JONES, Bayside - District a 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 COUNCIL AGENDA CITY MANAGER -JAMES K. SPORE C17Y ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 12 JUNE 2007 I. CITY COUNCIL COMMENTS II. REVIEW OF AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E- MAIL: Ctycncl@vbgov.com - Conference Room - 4:00 PM III. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES I. INFORMAL and FORMAL SESSIONS June 5, 2007 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES 1. Ordinances to AMEND the City Code: a. AMEND §1-12.2 re an increase in the Courthouse Security Fee imposed upon persons convicted of criminal or traffic offenses b. INCREASE the Department of Sheriff and Corrections FY 2007-08 Special Revenue fund by $300,000 re four (4) additional deputy positions with an increase to part-time wages for Courthouse Security Screeners C. ADD §6-127 to Chapter 6 Beaches, Boats and Waterways and ESTABLISH regulations re the Lynnhaven River Watershed "No Discharge Zone" d. AMEND §6-32 re the penalty for casting garbage into any waters of Virginia Beach 2. Ordinances re Beaches and Waterways Advisory Commission: a. DELETE §6-165 of the City Code re termination of the Commission b. AMEND the Bylaws re expansion of the Commission to eleven (11) members 3. Ordinance to AUTHORIZE, in accordance with Virginia Code §33.1-371.1, the issuance of a vegetation control permit to Edwin B. Lindsley, Jr., re the removal and replacement of certain vegetation on Virginia Beach Boulevard near Rosemont and Bonney Roads. DEFERRED JUNE 5, 2007 4. Ordinance to REQUEST the Virginia Department of Transportation (VDOT) establish a Wesleyan Drive Improvement Project; ACCEPT and APPROPRIATE $640,550 of Regional Surface Transportation Program (RSTP) funds from the City of Norfolk and $4,950,000 RSTP funds from the State to complete the project design; and, AUTHORIZE the City Manager to execute a Cost Participation Agreement with the City of Norfolk. 5. Ordinances to REVISE categorical appropriations for the School Operating Fund; and, AMEND the City's FY 2007-08 Operating Budget and FY 2007-08 Capital Budget as requested by the School Board: a. Adjusted appropriations to the School Operating Budget: 1. $555,724,972 to Instruction 2. $ 24,189,034 to Administration, Attendance and Health 3. $ 30,891,040 to Pupil Transportation 4. $ 96,357,081 to Operations and Maintenance b. Adjusted $12,108,658 transfer to the Capital Budget re decrease in the appropriation for Various Site Acquisitions — Phase 1 Adjusted $1,185,000 appropriation to the School Operating Budget re additional State revenue d. Adjusted $4,681,645 appropriation to the School Athletic Special Revenue Fund J 6. Ordinances to APPROPRIATE and/or TRANSFER: a. APPROPRIATE $596,077 in additional Community Development Block Grant (CDBG) and HOME Program income to the Department of Housing and Neighborhood Preservation's budget to be used for additional grants DEFERRED JUNE 5, 2007 b. ACCEPT $60,000 from other Commonwealth's Attorney's offices and APPROPRIATE $40,000 to the FY 2006-07 and $20,000 to the FY 2007-08 Commonwealth's Attorney's Operating Budget re upgrades to the Virginia Commonwealth's Attorney Information System (VCAIS) C. APPROPRIATE $38,563 from Cost Recovery Revenue and ACCEPT $10,716 from the Fire Department Gift Fund to be appropriated to the Department's FY2006- 07 Operating Budget re the support of several fire programs d. APPROPRIATE $49,572 from the DEA Seized Property Special Revenue Fund and $23,000 from the Sale of Weapons Fund to the FY2007-08 Police Operating Budget re the Police Computer Crimes Unit and Wellness Center e. TRANSFER $150,000 from the FY 2006-07 TGIF Fund and $150,000 from Various Site Acquisitions to the FY2006-07 Planning and Community Development Operating Budget re the development of the Resort Area Strategic Action Plan f. TRANSFER $135,000 from Full -Time Salaries to Part -Time Salaries within the FY 2006-07 Operating Budget for the Virginia Aquarium Special Revenue Fund re increased personnel costs PLANNING 1. Application of M&M CONTRACTORS, INC. for a Modification of Condition No. 1 on a Conditional Use Permit (approved by City Council on July 3, 2001, amended and approved February 26, 2002, and indefinitely deferred January 31, 2006) at 533 South Lynnhaven Road re additional storage space. DISTRICT 3 — ROSE HALL DEFERRED RECOMMENDATION JANUARY 23 AND 31, 2007 APPROVAL 2. Application of GARNETT POINT ROAD, L.L.C. for a Change of Zoning District Classification from A-12 Apartment District to Conditional A-12 Apartment District with a PD -112 Planned Unit Development District Overlay at 416-516 Garnett Point re the construction of forty (40) single-family dwellings. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of SOUTH INDEPENDENCE ACQUISITION, L.L.C., for a Change o Zoning District Classification from R-51) and R-10 Residential Districts to Conditional A-36 Apartment District, Conditional B-4 Mixed Use District and Conditional A-12 Apartment District with a PD -H2 Overlay at South Independence Boulevard, Princess Anne Road and 1632 Salem Road, "Spence Farm," re 103 single-family dwellings, 347 townhomes, and 230 twin townhomes and Senior Housing. DISTRICT 1 — CENTERVILLE and DISTRICT 7 — PRINCESS ANNE DEFERRED MAY 22, 2007 RECOMMENDATION DEFERRAL TO JUNE 26, 2007 4. Application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. for a Change ofZoninzDistrict Classification from R-7.5 Residential District to Conditional A-12 Apartment District on the east side of Zurich Arch re the construction of a ten (10) unit residential condominium. DISTRICT 3 — ROSE HALL STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION DENIAL APPROVAL 5. Application of DTG OPERATIONS, INC. for a Conditional Use Permit at 3750 Virginia Beach Boulevard, Suite 1, re motor vehicle rentals within an existing shopping center. DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 6. Application of DARK AGE ENTERPRISES, L.L.C. for a Conditional Use Permit at 590 Baker Road re a car wash. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL K. APPOINTMENTS BEACHES and WATERWAYS COMMISSION BLUE RIBBON TAX, FEE, and SPENDING TASK FORCE OPEN SPACE ADVISORY COMMITTEE REVIEW and ALLOCATION COMMITTEE (COG) L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITYWIDE TOWN MEETINGS June 19 Virginia Beach Convention Center — 7:15 pm Shaping our Community and Ourselves to Protect our Waterways **Due to this Town Meeting, the regular City Council Workshop at 4:00 PM is cancelled. September 18 Time and Location to be Announced FY 2008-2010 Budget November 20 Green Run Homeowners Association Building — 7:15 pm Stormwater Plans and Funding CITY COUNCIL SUMMER SCHEDULE July 3 Cancelled July 10 Briefings, Informal, Formal, including Planning items July 17 Briefings, Informal, Formal, including Planning items August 7 Cancelled August 14 Briefings, Informal, Formal, including Planning items August 21 Briefings, Informal, Formal August 28 Briefings, Informal, Formal, including Planning items If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 06/07/2007mb www.vbgov.com II CITY COUNCIL COMMENTS - Conference Room - 4:00 PM REVIEW OF AGENDA INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION - Conference Room - 5:00 PM IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES I. INFORMAL and FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION June 5, 2007 9 2 y0 � d S� OF, OUR NPtjO" ate? 3 S �Rrsul�t�inn 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. CONSENT AGENDA I. ORDINANCES 1. Ordinances to AMEND the City Code: a. AMEND § 1-12.2 re an increase in the Courthouse Security Fee imposed upon persons convicted of criminal or traffic offenses b. INCREASE the Department of Sheriff and Corrections FY 2007-08 Special Revenue fund by $300,000 re four (4) additional deputy positions with an increase to part-time wages for Courthouse Security Screeners C. ADD §6-127 to Chapter 6 Beaches, Boats and Waterways and ESTABLISH regulations re the Lynnhaven River Watershed "No Discharge Zone" d. AMEND §6-32 re the penalty for casting garbage into any waters of Virginia Beach 2. Ordinances re Beaches and Waterways Advisory Commission: a. DELETE §6-165 of the City Code re termination of the Commission b. AMEND the Bylaws re expansion of the Commission to eleven (11) members 3. Ordinance to AUTHORIZE, in accordance with Virginia Code §33.1-371.1, the issuance of a vegetation control permit to Edwin B. Lindsley, Jr., re the removal and replacement of certain vegetation on Virginia Beach Boulevard near Rosemont and Bonney Roads. DEFERRED JUNE 5, 2007 4. Ordinance to REQUEST the Virginia Department of Transportation (VDOT) establish a Wesleyan Drive Improvement Project; ACCEPT and APPROPRIATE $640,550 of Regional Surface Transportation Program (RSTP) funds from the City of Norfolk and $4,950,000 RSTP funds from the State to complete the project design; and, AUTHORIZE the City Manager to execute a Cost Participation Agreement with the City of Norfolk. 5. Ordinances to REVISE categorical appropriations for the School Operating Fund; and, AMEND the City's FY 2007-08 Operating Budget and FY 2007-08 Capital Budget as requested by the School Board: a. Adjusted appropriations to the School Operating Budget: 1. $555,724,972 to Instruction 2. $ 24,189,034 to Administration, Attendance and Health 3. $ 30,891,040 to Pupil Transportation 4. $ 96,357,081 to Operations and Maintenance b. Adjusted $12,108,658 transfer to the Capital Budget re decrease in the appropriation for Various Site Acquisitions — Phase 1 C. Adjusted $1,185,000 appropriation to the School Operating Budget re additional State revenue d. Adjusted $4,681,645 appropriation to the School Athletic Special Revenue Fund 6. Ordinances to APPROPRIATE and/or TRANSFER: a. APPROPRIATE $596,077 in additional Community Development Block Grant (CDBG) and HOME Program income to the Department of Housing and Neighborhood Preservation's budget to be used for additional grants DEFERRED JUNE 5, 2007 b. ACCEPT $60,000 from other Commonwealth's Attorney's offices and APPROPRIATE $40,000 to the FY 2006-07 and $20,000 to the FY 2007-08 Commonwealth's Attorney's Operating Budget re upgrades to the Virginia Commonwealth's Attorney Information System (VCAIS) C. APPROPRIATE $38,563 from Cost Recovery Revenue and ACCEPT $10,716 from the Fire Department Gift Fund to be appropriated to the Department's FY2006- 07 Operating Budget re the support of several fire programs d. APPROPRIATE $49,572 from the DEA Seized Property Special Revenue Fund and $23,000 from the Sale of Weapons Fund to the FY2007-08 Police Operating Budget re the Police Computer Crimes Unit and Wellness Center e. TRANSFER $150,000 from the FY 2006-07 TGIF Fund and $150,000 from Various Site Acquisitions to the FY2006-07 Planning and Community Development Operating Budget re the development of the Resort Area Strategic Action Plan f. TRANSFER $135,000 from Full -Time Salaries to Part -Time Salaries within the FY 2006-07 Operating Budget for the Virginia Aquarium Special Revenue Fund re increased personnel costs CITY OF VIRGINIA BEACH AGENDA ITEM . ITEMS: (1) An Ordinance to Amend City Code Section 1-12.2 Pertaining to the Courthouse Security Fee Imposed Upon Persons Convicted of Criminal or Traffic Offenses (2) An Ordinance to Increase the Department of Sheriff and Corrections FY 2007-08 Special Revenue Fund in the Amount of $300,000 and to Approve Four Deputy Positions for Courthouse Security MEETING DATE: June 12, 2007 ■ Background: Currently, pursuant to a provision of the City Code, the City assesses a $5 fee for courthouse security as part of the costs in each criminal or traffic case in which a defendant is convicted. The 2007 Virginia General Assembly amended the state law that authorizes that fee to increase the permissible assessment to $10 per conviction. This fee may be used solely for the funding of courthouse security personnel, equipment, and other personal property used in connection with courthouse security. ■ Considerations: Increasing the fee would generate an estimated $300,000 annually. The Sheriff's Department is responsible for ensuring that the courthouse and courtrooms are secure from violence and disruption, and it assigns deputies for this purpose. This increase in revenue would allow the Sheriff's Office to hire four additional deputies, increase part-time funds for the court security screeners, and purchase related equipment. If the fees are reduced in future years, these positions and funding will be eliminated or reallocations within the Sheriff's Operating Budget will occur to support the increased costs. ■ Public Information: Public information will be handled through the normal Council agenda notification process. ■ Attachments: Ordinances Recommended Action: Approval Submitting Depar ment/Agency: Department of Sheriff and Corrections City Manager: i 1 AN ORDINANCE TO AMEND CITY CODE SECTION 1-12.2 2 PERTAINING TO THE COURTHOUSE SECURITY FEE 3 IMPOSED UPON PERSONS CONVICTED OF CRIMINAL 4 OR TRAFFIC OFFENSES 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That Section 1-12.2 of the City Code is hereby amended and reordained to read 10 as follows: 11 12 Sec. 1-12.2. Assessment of court costs for the cost of persons admitted to jail 13 following conviction and the costs of court house security. 14 .... 15 16 (b) (1) In addition to any other fees prescribed by law, a fee of five ten 17 dollars ($5-99 10.00) is hereby imposed in each criminal and traffic case 18 in which the defendant is convicted of a violation of any statute or 19 ordinance. The clerks of the district and circuit courts shall charge and 20 collect this assessment as a part of the fees taxed as costs. 21 22 (2) After collection by the clerk of the court in which the case is heard, 23 the assessment shall be remitted to the city treasurer and held subject to 24 appropriation by the city council to the sheriffs office for funding court 25 house security personnel. 26 27 28 COMMENT 29 30 This amendment increases the courthouse security fee imposed in criminal and traffic cases 31 where the defendant is convicted from $5 to $10, as authorized by a change in state law. 32 33 Be it further ordained that the effective date of this ordinance shall be July 1, 34 2007. 35 36 Adopted by the City Council of the City of Virginia Beach, Virginia on this 37 day of June, 2007. APPROVED AS TO CONTENT: CA10432 R1 May 31, 2007 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's OfficeQ 1 AN ORDINANCE TO INCREASE THE 2 DEPARTMENT OF SHERIFF AND CORRECTIONS 3 FY 2007-08 SPECIAL REVENUE FUND IN THE 4 AMOUNT OF $300,000 AND TO APPROVE FOUR 5 DEPUTY POSITIONS FOR COURTHOUSE 6 SECURITY 7 8 WHEREAS, the Sheriffs Department is responsible for providing courtroom and 9 courthouse security; and 10 11 WHEREAS, the 2007 General Assembly amended section §53.1-120 of the 12 Code of Virginia to allow localities to increase the assessment per conviction of a 13 violation of any criminal or traffic violation to a total of $10 per conviction; and 14 15 WHEREAS, this fee shall be used solely by the Sheriff's Department for the 16 funding of courthouse security personnel and equipment. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 1. That $300,000 in increased estimated revenue is a result of the increased 22 fee from five dollars ($5) to ten dollars ($10) per conviction of any criminal or traffic 23 violation; and - 24 25 2. That $300,000 in estimated revenue from the increase of the court 26 security fee is hereby appropriated to the Sheriff's Department FY 2007-08 Operating 27 Budget for four additional deputies for courtroom security and increases to part-time 28 wages for courthouse security screeners; and 29 30 3. That these additional deputies for courtroom security and increases to 31 part-time wages will be eliminated or funding within the Sheriffs Operating budget will 32 be permanently reallocated to support these increases costs if the fee authorization is 33 reduced by the state in the future; and 34 35 4. That $300,000 from local revenue sources is increased accordingly. 36 37 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2007. Approved as to Content: Approved as to Legal Sufficiency: 'Manage(ne-ne Services City Attorney's Office CAI 0423 R-2 June 1, 2007 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance adding Section 6-127 to Chapter 6 Beaches, Boats and Waterways of the Virginia Beach City Code Establishing Regulations for the Lynnhaven River Watershed No Discharge Zone. MEETING DATE: June 12, 2007 ■ Background: The designation of the Lynnhaven River Watershed as a No Discharge Zone (NDZ) disallows the discharge of sewage from boats, whether the sewage is treated or not, into the Waters of the Lynnhaven. The Ordinance being considered will revise the City Code by establishing regulations for the Lynnhaven River Watershed NDZ. A brief chronology of some of the key actions resulting in the NDZ follows: February 2005, Council was informed of a NDZ application being proposed by the City for the Lynnhaven River Watershed (item # 53518) April 2005, the City applied to the Department of Environmental Quality to have the Lynnhaven River Watershed declared a NDZ October 2005, Public Works presented further information to Council on the NDZ application (item # 54515) December 2005, the State Water Control Board gave its approval to proceed with establishing this NDZ July 2006, the Commonwealth requested Federal NDZ status for the Lynnhaven February 2007, this authorization was granted by the Environmental Protection Agency for Federal enforcement agencies May 2007, the Commonwealth of Virginia and the City were granted authorization for enforcement activities for the Lynnhaven Watershed No Discharge Zone ■ Considerations: The designation of the Lynnhaven as a No Discharge Zone was essential for the protection of the resource and to prevent water quality degradation. The designation will require boaters in the Lynnhaven Watershed to pump out their sewage storage and place container seals to ensure that there is not an accidental discharge. Dye tablets must also be placed in sewage storage facilities. ■ Public Information: The EPA and the Commonwealth have afforded numerous opportunites for public input. There has also been individual input through Lynnhaven River Now and the marina industry. ■ Alternatives: The Lynnhaven River Watershed has been designated a No Discharge Zone. Without the adoption of this Ordinance, enforcement of the NDZ designation as well as information for the boating public, will not have the benefit of clearly stated regulations. ■ Recommendations: Approval of the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 1 AN ORDINANCE ADDING SECTION 6-127 TO CHAPTER 6 2 BEACHES, BOATS AND WATERWAYS OF THE VIRGINIA 3 BEACH CITY CODE ESTABLISHING REGULATIONS FOR THE 4 LYNNHAVEN RIVER WATERSHED NO DISCHARGE ZONE 5 6 7 Section Added: 6-127 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 6-127 of the City Code is hereby added and ordained to read 13 as follows: 14 15 Chapter 6 BEACHES, BOATS AND WATERWAYS 16 17 .... 18 19 Article V. Boating, Skiing and Surfing. 20 21 .... 22 23 Sec. 6-127. No Discharge Zone. 24 25 (a) For purposes of this section, the following phrases shall have the 26 meanings respectfully ascribed to them: 27 28 (1) Container seal shall mean a tamper -evident plastic or wire security 29 device. 30 31 (2) Discharge shall include, but is not limited to, any spilling, leaking, 32 pumping, pouring, emitting, emptying, or dumping. 33 34 (3) Lvnnhaven River Watershed in the City of Virginia Beach is 35 designated as all contiguous waters south of the Lesner Bridge at 36 Lvnnhaven Inlet (latitude 36°54'27.90"N and longitude 37 76°05'30.90"W) and north of the watershed break point at the 38 intersection of West Neck Creek and Dam Neck Road (latitude 39 36047'17.60"N and longitude 76004'14.62"W). 40 41 (4) Macerator pump valve shall mean a valve in a vessel's sewage 42 piping that in the open position allows an overboard discharge of 43 sewage via a through -hull fitting. 44 45 (5) Marine sanitation device shall mean any equipment installed on a 46 vessel and that is designed to receive retain treat or discharge 47 sewage and any process to treat such sewage 48 49 (6) No Discharge Zone shall mean an area determined by the U.S. 50 Environmental Protection Agency and the Commonwealth where 51 there is established a complete prohibition of all treated or 52 untreated discharges of sewage from all vessels 53 54 (7) Sewage shall mean human body wastes the wastes from toilets 55 and other receptacles intended to receive or retain human wastes 56 and liquid -carried human wastes together with such industrial 57 wastes and other liquid as may be present 58 59 (8) Vessel shall mean every description of watercraft or other artificial 60 contrivance used, or capable of being used on the waters of the 61 Commonwealth, including boats and houseboats regardless of 62 size, means of propulsion or place of registry. 63 64 (9) Y -valve shall mean a valve in a vessel's sewage piping that in the 65 open position allows an overboard discharge of sewage via a 66 through -hull fitting and in the closed position prevents an overboard 67 discharge and retains sewage in a holding tank. 68 69 (b) The Lynnhaven River Watershed has been designated a No Discharge 70 Zone by the U.S. Environmental Protection Agency and the 71 Commonwealth of Virginia. 72 73 (c) The following requirements apply in the No Discharge Zone: 74 75 (1) All discharge of sewage, whether treated or not and other wastes 76 from all vessels into the No Discharge Zone is prohibited 77 78 (2) Vessels without installed toilets shall dispose of any collected 79 sewage from portable toilets or other containment devices at 80 appropriate facilities approved by the Virginia Department of 81 Health, in a manner that complies with state law. 82 83 (3) Vessels with installed toilets shall have a marine sanitation device 84 to allow sewage holding capacity, unless the toilets are rendered 85 inoperable. 86 87 (4) Houseboats having installed toilets shall have a holding tank with 88 the capability of collecting and holding sewage and disposing of 89 collected sewage at a pump -out facility or other facility approved by 90 the Virginia Department of Health for collection of sewage wastes: if 91 the houseboat lacks such capability, the installed toilet shall be 92 removed. 93 94 (5) Y -valves, macerator pump valves or any other through -hull fitting 95 valves capable of allowing a discharge of sewage from marine 96 sanitation devices shall be secured in the closed position by a 97 device that is not readily removable, including, but not limited to, a 98 numbered container seal, such that through -hull sewage discharge 99 capability is rendered inoperable. 100 101 (6) Every owner or operator of a marina within the No Discharge Zone 102 shall notify boat patrons leasing slips of the sewage discharge 103 restriction. As a minimum notification shall consist of No 104 Discharge Zone information in the slip rental contract and a sign 105 indicating the area is a No Discharge Zone. 106 107 (7) All vessels shall place in their marine sanitation device a dye tablet 108 supplied by the City. 109 110 (d) Violations of this section shall, upon conviction, be a Class 1 111 misdemeanor. 112 113 (e) The Virginia Beach Police Department and other law-enforcement officers 114 of this Commonwealth and the Federal Government shall have the 115 authority to enforce this section. 116 117 COMMENT 118 119 The Environmental Protection Agency designated the Lynnhaven River Watershed 120 as a No Discharge Zone, after the City made application to protect the fragile ecosystem 121 located in the watershed. The State Water Control Board has also made the Watershed a 122 No Discharge Zone, completing the agencies that had to be involved in the process. This 123 ordinance will clarify for the citizens of Virginia Beach the requirements, obligations and 124 penalties in the newly established No Discharge Zone. The requirements are those outlined 125 in the state regulations governing any No Discharge Zone. 126 127 128 Adopted by the City Council of the City of Virginia Beach, Virginia on this _ 129 day of May, 2007. APPROVED AS TO CONTENT 3Pub' s APPROVED AS TO CONTENT CA10384 R3 May 2, 2007 4 APPROVED AS TO LEGAL SUFFICIENCY: 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 6-32 of the City Code Pertaining to the Penalty for Casting Garbage into Waters. MEETING DATE: June 12, 2007 ■ Background: The General Assembly authorized the increase in penalties for violations of this section from $100 to $1000, to be effective July 1, 2007. ■ Considerations: The increase in penalties will bring the City Code in harmony with the State Code. ■ Public Information: This item will be advertised on the regular Council agenda. ■ Alternatives: The State Code provision, Section 62.1-194 will still be in effect to increase the penalty. ■ Recommendations: Approval of the Ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Depart ent/Agency: Police Department/Marine Patrol City Manager:'.- r i 1 AN ORDINANCE TO AMEND SECTION 6-32 OF THE CITY 2 CODE PERTAINING TO THE PENALTY FOR CASTING 3 GARBAGE INTO WATERS 4 5 Section Amended: City Code § 6-32 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That the City Code is hereby amended and reordained by the amendment of 11 Section 6-32 to read as follows: 12 13 CHAPTER 6 14 BEACHES, BOATS AND WATERWAYS 15 16 .... 17 18 Sec. 6-32. Casting garbage, etc., into waters. 19 20 Except as otherwise permitted by law, it shall be unlawful for any person to cast, 21 throw or dump any garbage, refuse, dead animal, trash, carton, can, bottle, container, 22 box, lumber, timber or like material, or other solid waste, except fish or crab bait in any 23 form, into any of the waters of this city. When a violation of any provision of this section 24 has been observed by any person, and the matter dumped or disposed of has been 25 ejected from a boat, the owner or operator of such boat shall be presumed to be the 26 person ejecting such matter; provided, however, that such presumption shall be 27 rebuttable by competent evidence. Every such act shall be a misdemeanor punishable 28 by a fine not to exceed one hURdred thousand dollars ($100.00) 1000.00 or 29 confinement in jail not to exceed thirty (30) days, or both. 30 31 COMMENT 32 33 This amendment was authorized by the General Assembly to take effect July 1, 2007 34 (HB1715). 35 36 This Ordinance shall become effective on July 1, 2007. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2007. APPROVED AS TO CONTENT: Police Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Lk CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinances pertaining to the Beaches and Waterways Advisory Commission (Repeal of City Code Section 6-165; Amendment to Bylaws) MEETING DATE: June 12, 2007 ■ Background: The ordinances are housekeeping measures that (1) allow the Beaches and Waterways Commission to continue in existence without a sunset provision; and (2) update its by-laws regarding the membership of the Commission so as to fully reflect current City Code provisions. ■ Considerations: The Beaches and Waterways Advisory Commission continues to perform an important advisory function for City Council. ■ Public Information: Advertising on the regular City Council agenda. ■ Alternatives: City Council could also determine another termination date for the Commission or disapprove the bylaws revision. ■ Recommendations: Approval of both Ordinances. ■ Attachments: Ordinance re City Code Section 6-165 Ordinance re Bylaws Bylaws Recommended Action: Approval of both Ordinances. Submitting DepartrTent/Agency: City Attorney City Manager: G 1 AN ORDINANCE TO DELETE SECTION 6-165 OF THE 2 CITY CODE PERTAINING TO THE TERMINATION OF THE 3 BEACHES AND WATERWAYS ADVISORYCOMMISSION 4 5 Section Deleted: City Code § 6-165 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That the City Code is hereby amended and reordained by the deletion of Section 11 6-165 to read as follows: 12 13 CHAPTER 6 14 BEACHES, BOATS AND WATERWAYS 15 .... 16 17 ARTICLE VIII. BEACHES AND WATERWAYS ADVISORY COMMISSION 18 19 .... 20 21 . 22 23 24 ' 25 26 COMMENT 27 28 There is no need to terminate the Commission, as they continue to operate in an advisory 29 capacity to City Council in accordance with Section 6-163. This deletion would allow them to 30 continue indefinitely, unless further action is taken by City Council. 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of _ 2007. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA10398 R-5 May 29, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO AMEND THE BYLAWS OF THE BEACHES AND WATERWAYS ADVISORY COMMISSION WHEREAS, the Bylaws of the Beaches and Waterways Advisory Commission were adopted by City Council by Ordinance 2583 on May 23, 2000; WHEREAS, the City Code was amended by Ordinance 2588 on June 13, 2000 to provide for the incorporation of the creation and termination of the Commission into the City Code; WHEREAS, the Bylaws were not amended at that time to include the expansion of the Commission from seven (7) to eleven (11) members; WHEREAS, the Bylaws also provided for the termination of the Commission on June 30, 2005; and WHEREAS, the attached Bylaws (incorporated herein) are corrected to reflect the current composition of the Commission and to delete the termination provision. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Bylaws of the Beaches and Waterways Advisory Commission are hereby amended and reordained to read as attached: COMMENTS The Bylaws of the Beaches and Waterways Advisory Commission do not currently reflect the composition of the Commission, and provide for the termination of the Commission on June 30, 2005. These amendments will allow the Bylaws to reflect the current composition of the Commission and provide for its continuation Adopted by the Council of the City of Virginia Beach, Virginia, on the day Of , 2007. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA10397 R-3 May 25, 2007 1 BYLAWS OF THE BEACHES AND WATERWAYS 2 ADVISORY COMMISSION 3 4 ARTICLE 1 5 NAME 6 7 The name of the commission shall be the Beaches and Waterways Advisory 8 Commission. 9 10 ARTICLE II 11 PURPOSE 12 13 The purpose of the Commission shall be: 14 15 1. To review issues referred to it by City Council concerning access to, and the 16 preservation, development and use of, the City's beaches and waterways, and to make 17 recommendations to the City Council regarding such issues. 18 19 2. To serve as the City's local erosion advisory commission and carry out the 20 responsibilities imposed on such local commissions pursuant to § 10.1-711 of the Code 21 of Virginia. 22 23 ARTICLE III 24 MEMBERS 25 26 Section 1. Number. The Commission shall be comprised of seveR474 eleven (11) 27 members, with one (1) member being appointed by City Council from the residents of 28 each of the City's seven (7) election districts, and four (4) members being appointed by 29 City Council from residents of the City at large 30 31 Section 2. Term. The initial terms of the members appointed from the Bayside, Beach 32 and Centerville districts shall be for three (3) years; the initial terms of the one (1) at- 33 large member and the members appointed from the Kempsville and Lynnhaven districts 34 shall be for two (2) years; and the initial terms of the one (1) at-large member and the 35 members appointed from the Princess Anne and Rose Hall districts shall be for one (1) 36 year. Thereafter, all members shall be appointed to serve more than three (3) years. In 37 accordance with § 2-3 of the City Code, no member shall be appointed to serve more 38 than three (3) consecutive three-year terms. All initial appointments shall commence on 39 the same date. 40 41 Section 3. Qualifications. Each member must be a resident of the district from which he 42 or she is appointed, and the at-large member must be a resident of the City of Virginia 43 Beach. The appointees shall have knowledge and experience concerning beach and 44 waterway-related issues. 45 46 Section 4. Chair and Vice -Chair. The Chair and Vice -Chair shall be appointed by a 47 majority vote of the Commission held on the first meeting in July, and shall serve for a 48 term of one (1) year. The Chair (or Vice -Chair in the Chair's absence) shall preside over 49 all meetings of the Commission. The Chair and Vice -Chair may be re -appointed for 50 additional terms. 51 52 Section 5. Attendance. Attendance records shall be kept at each meeting of the 53 Commission and an annual report of the attendance of the members shall be filed with 54 the City Clerk by June 30 of each year for review by city Council. No member shall 55 accumulate an annual total of more than three (3) absences (or be absent from more 56 than one-fourth of the total number of meetings). If this limitation is exceeded from 57 reasons other than personal illness, death, or other unusual circumstances, the 58 appointment shall be terminated automatically, or as otherwise prescribed by law. 59 Members shall be paid $50.00 for each meeting attended. 60 61 Section 6. Vacancies. A vacancy caused by death, resignation, termination, expiration, 62 or otherwise shall be filled by City Council for the unexpired term thereof, or in the case 63 of an expiration, for three (3) years, within thirty (30) days of said vacancy. 64 65 ARTICLE IV 66 MEETINGS 67 68 Section 1. Regular meetings. When the Commission has business it shall meet at least 69 once a month at a time and location to be determined by the Chair upon consultation 70 and coordination with the other members. 71 72 Section 2. Special meetings. A special meeting may be called by the Chair of three (3) 73 members of the Commission, or may be convened by City Council, to consider any 74 matter that, in the determination of the Chair, the members, or the City Council, needs to 75 be addressed prior to a regular meeting. 76 77 Section 3. Requirements. A majority of Commission members shall be present in order 78 for any official action to be taken. All actions of the Commission shall be conducted at a 79 regular or special meeting and shall require a majority vote of those members present. 80 81 ARTICLE V 82 REPORTS 83 84 Section 1. Annual Report. Within forty-five (45) days of the end of the rascal year, the 85 Commission shall prepare, and submit to City Council, an annual report of its activities, 86 recommendations, and proposals, including a financial statement, if applicable. Interim 87 reports to City Council may be provided when deemed appropriate or necessary by the 88 Commission or the Council. 89 90 Section 2. Requirements. All reports shall be approved by a majority of the members of 91 the Commission. In any report to the Council, the Commission shall identify any 92 conflicts that its report may have with the proposals and/or recommendations of other 93 City agencies. 94 95 ARTICLE VI 96 COORDINATION 97 98 Section 1. City departments. The Commission shall work with and through the 99 Department of Public Works ("the department") which shall, in close cooperation with 100 the City Manager's Office, be responsible for coordinating the efforts of the Commission 101 with other City departments, boards, and commissions to (1) ensure that there is no 102 unnecessary duplication of efforts; (2) enable the Commission to review the proposals 103 and recommendations of such other City departments, boards and commissions for 104 compatibility (or incompatibility) with Commission objectives; and (3) enable such other 105 City departments, boards and commissions to review and provide comments on 106 Commission -generated proposals and recommendations. 107 108 Section 2. Other agencies. The Commission and the Department shall make a special 109 effort to establish open lines of communication with other agencies involved in the 110 review of beach and waterway -related issues. 111 112 ARTICLE VII 113 COMMITTEES 114 115 The Chair of the Commission shall have the authority to appoint committees, 116 comprised of members of the Commission and non-members with special expertise, to 117 study and review specific areas of concern and to report back to the full Commission for 118 such action as the Commission may deem appropriate. 119 120 ARTICLE Vlll 121 AMENDMENTS 122 123 No alteration, amendment, repeal of these Bylaws or any section hereof shall be 124 effective without the prior consent of City Council. 125 126 ARTICLE IX 127 TERMINATION 128 129 130date. ' 131 132 Adopted by the City Council of the City of Virginia Beach on the day 133 of , 2007 -32 - Item V.J.4. ORDINANCESIRESOL UTIONS ITEM #56501 Attorney Ken Geroe, 1369 Laskin Road, Phone: 428-6021, represented the estate of Edwin Lindsley, Jr. displayed photographs of the vegetation blocking the billboard (no copy for record). Attorney Geroe was not in OPPOSITION to Deferral Cheryl Klobuchar, 758 Suffolk Lane, Phone: 463-4885, President — Virginia Beach Beautification Commission and Past President of Council of Garden Clubs of Virginia Beach, requested DEFERRAL until the City Council Session of June 12, 2007. This application requests the removal offive (5) mature crepe myrtle trees and fifty-six (56) existing shrubs on Virginia Beach Boulevard. This is the same area from which Adams Outdoor Advertising recently removed twenty-one (21) mature crepe myrtle trees. Members of the Virginia Beach Beautification Commission and the Council of Garden Clubs of Virginia Beach wish to meet with the City Staff and discuss the removal and selection of replacement plants. Upon motion by Council Lady McClanan, seconded by Councilman DeSteph, City Council DEFERRED until the City Council Session of June 12, 2007: Ordinance to APPROVE, in accordance with Virginia Code §33.1- 371.1, a Vegetation Control Permit to Edwin B. Lindsley, Jr., at Virginia Beach Boulevard and Rosemont Road Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 5, 2007 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving the Application of Edwin B. Lindsley, Jr. for a Vegetation Control Permit to Allow the Removal and Replacement of Certain Vegetation Located on Virginia Beach Boulevard and Imposing Conditions Upon Such Permit MEETING DATE: June 12, 2007 ■ Background: Virginia Code Section 33.1-371.1 allows the removal or pruning of vegetation in City rights-of-way that obstructs motorists' view of outdoor advertising signs. Pursuant to a delegation of authority from the Commonwealth Transportation Commissioner, the City has the authority to decide such applications in accordance with the applicable statutes and regulations, and subject to appeal to the Commissioner. Edwin B. Lindsley, Jr., by his court-appointed conservator, Kenneth P. Lindsley ("Lindsley"), has submitted an application to remove five (5) Crepe Myrtle trees from the south side of Virginia Beach Boulevard, west of Rosemont Road, that obstruct the view of a billboard owned by Lindsley. In addition, the application seeks the removal of fifty- six (56) Euonymus shrubs at the same location. No other vegetation in the area is sought to be removed. As part of the application, Lindsley has submitted a landscaping plan showing: 1. The Crepe Myrtles would be replaced at any reasonably nearby location selected by the City with 8-10' high Crepe Myrtles, with a 1 -year warranty of the trees in the new location; 2. The Euonymus shrubs would be replaced by an equal number of Dwarf Yaupon Holly plants at the same location; and 3. The Dwarf Yaupon Holly plants would be perpetually maintained by Lindsley. This item was deferred by City Council for one week on June 5, 2007. ■ Considerations: Were it not for legislation adopted by the General Assembly in 2006, the trees would not be subject to removal. The legislation does, however, bind the City, and Lindsley's application meets the requirements pertaining to such permits. The first application that was submitted under the new statute had been denied by the City Council in December 2006, but was granted by the Commonwealth Transportation Commissioner, over the City's objection, on appeal. The application, if approved, would contain the conditions set forth in the proposed ordinance. Those conditions include: 1. A limitation on the vegetation to be removed to five (5) Crepe Myrtle trees and fifty-six (56) Euonymus shrubs shown in the application; 2. The incorporation of Lindsley's representations in the application package regarding and replacement of the trees and shrubbery, as well as other related conditions set forth in the proposed ordinance, such as requirements that the relocation and replacement of the trees be done in a timely manner and under the direct supervision of a certified arborist; 3. A requirement for the maintenance of the vegetation by Lindsley, who has posted the required $2,500 surety in cash; and 4. The incorporation of all applicable laws and regulations ■ Public Information: This item will be advertised as part of the City Council agenda. ■ Alternatives: The City Council has two other alternatives: it may decline to act upon the application or it may deny it. If the City Council declines to act upon the application, it will be deemed by statute to have been approved. If the City Council denies the application, it is likely that the Commonwealth Transportation Commissioner would grant the permit on appeal. In such a case, whether the conditions of the permit, as granted by the Commissioner, would be as comprehensive as those set forth in the proposed ordinance is a matter of speculation. ■ Attachments: Ordinance and application materials. Recommended Action: Submitting Department/Agency: City Attorney's Office leeV_ City Manager: �' 1 AN ORDINANCE APPROVING THE APPLICATION OF EDWIN B. 2 LINDSLEY, JR. FOR A VEGETATION CONTROL PERMIT TO 3 ALLOW THE REMOVAL AND REPLACEMENT OF CERTAIN 4 VEGETATION LOCATED ON VIRGINIA BEACH BOULEVARD 5 AND IMPOSING CONDITIONS UPON SUCH PERMIT 6 7 8 WHEREAS, Edwin B. Lindsley, Jr., by Kenneth P. Lindsley ("Lindsley"), his duly 9 appointed conservator, has submitted to the City a vegetation control permit application 10 pursuant to Section 33.1-371.1 of the Virginia Code, which authorizes the removal of 11 vegetation that obstructs motorists' view of signs displayed on outdoor advertising 12 structures located on highways within the Commonwealth of Virginia; and 13 14 WHEREAS, more particularly, such application seeks the removal of five (5) Crepe 15 Myrtle trees from their current location on the south side of Virginia Beach Boulevard, west 16 of Rosemont Road Drive, and the removal of fifty-six (56) existing Euonymus shrubs and 17 their replacement by an equal number of Dwarf Yaupon Holly plants, all as more 18 particularly described in the landscaping plan submitted by Lindsley as a part of the 19 application; and 20 21 WHEREAS, the Commonwealth Transportation Commissioner has delegated to the 22 City the authority to administer, in accordance with the applicable statutes and regulations, 23 the vegetation control program set forth in Virginia Code Section 33.1-371.1, and the City 24 has accepted such delegation of authority; and 25 26 WHEREAS, notwithstanding the opposition of the City and many other persons to 27 certain legislation introduced during the 2006 General Assembly session, such legislation 28 was enacted, thereby rendering all highways within the City subject to the vegetation 29 control permit program; and WE 31 WHEREAS, while it is the sense of the City Council that the aforesaid legislation is 32 inimical to its longstanding and abiding efforts to beautify the roadways within the City of 33 Virginia Beach, the City Council is bound by the provisions of Virginia Code Section 33.1- 34 371.1 and the regulations promulgated thereunder; and 35 36 WHEREAS, Lindsley's application includes representations, among others, that the 37 five (5) Crepe Myrtle trees to be removed will be replaced by an equal number of 8-10' high 38 Crepe Myrtle trees at any reasonably nearby site or sites selected by the City and that such 39 trees will be replaced by Lindsley for a period of one (1) year, if necessary, by reason of 40 disease or drought; and 41 42 WHEREAS, Lindsley has submitted to the City cash surety, in the amount required 43 by statute, securing the performance of the conditions of the permit; 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 46 VIRGINIA BEACH, VIRGINIA: 47 48 That the City of Virginia Beach hereby grants the application of Edwin B. Lindsley, 49 Jr., for a vegetation control permit submitted to the City on April 25, 2007, upon the 50 following conditions: 51 52 1. The vegetation to be removed shall be limited to the five Crepe Myrtle trees 53 and fifty-six Euonymus shrubs designated in the application and supporting materials; 54 55 2. Lindsley shall be bound by all representations made in the aforesaid 56 application and materials submitted in connection with such application, which are hereby 57 incorporated into and made a part of this ordinance, as fully as if set forth herein. Such 58 materials consist of: 59 60 (a) Proposed Landscaping Plan dated March 28, 2007; and 61 62 (b) Untitled sketch (plan view) of billboard and vegetation, Scale 1" = 25' 63 (undated); 64 65 3. All replacement vegetation shall be installed as soon after the removal and 66 relocation of the aforesaid Crepe Myrtle trees and Euonymus shrubs as is consistent with 67 good landscaping practices, and under the direct supervision of a certified arborist; 68 69 4. The replacement Dwarf Yaupon Holly plants shall be maintained in good 70 condition by, and at the expense of, Lindsley in perpetuity, and any diseased, dying or 71 dead vegetation shall be replaced in a timely manner consistent with good landscaping 72 practices; 73 74 5. Lindsley shall replace any of the five (5) replacement Crepe Myrtle trees that 75 require replacement by reason of drought or disease within a period of one (1) year from 76 planting; and 77 6 78 6. Lindsley shall comply with all applicable laws and regulations, including, 79 without limitation, the vegetation control regulations promulgated by the Commonwealth 80 Transportation Commissioner. 81 82 Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of 83 2007. APPROVED AS TO LEGAL SUFFICIENCY: Cify Attorney's Office CA -10386 R-1 May 23, 2007 3 Form TTB (page 1 of 2) Rev. 10/15M COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION VEGETATION CONTROL APPLICATION 24 VAC 30-200-10 et seq. To Ikc,�+earirJ t3�trau� Resident Engineer at RJ SPR -3 -71 HAMPTON ROADS DISTRICT ROADSIDE " 2J . xs� 2007 Application is hereby made to work on State Highway trees on Route S8 in the City/County of \JRGJ0J1Aa. rSF A.0 M , between R OSEMONT 1Zr--.v.and MR!;1La>4. -F� ��ID in accordance with description of work, § 33.1-371.1 of the Code of Virginia, Vegetation Control Regulations 24 VAC 30-200-10 et seq., and such other ries and regulations of the Commonwealth Transportation Board as may be applicable thereto. All work to be done under the direct supervision of -SO 4i*4,%-r mx- LAw1lz>s4.&.,7ES , Address 232 C '"JTP,RV)U.E %RAjFAK.E Ili City CA41K%&rA9LA .R , Vq Phone No. IM ) *79 -.4960 Certified Arborist No. MA, co rr S All work shall be completed within days from issuance of this permit. REASON FOR WORK: Improve motorist's view of 13+W-60Arzin s If outdoor advertising sign -Permit Number 199%'(.o . Permit Guaranteed performance of this work is covered by (a) Certified Check in the amount of $2,500.00 enclosed, which may be used in whole or in part to complete the work outlined or it will be returned when the work has been completed in a satisfactory manner; or (b) Bond No. of Company. Check, for the non-refundable application and permit fee, in the amount of $400.00 is enclosed. Applicant: �,.a �b . �..i cl ia. .1 Address: 3.117 - C i -;ha #" C•�•�.Sii �,�,13�-r`i Signed b : g y Title: � Telephone No. ('757 )4.25- {0• 54 Federal Tax I. D. No. 2 1-ito-Or(o2 (For Official Use Only) t,- a eea nstea in aescnption of work have been inspected and found to be on State Rights of Way. The undersigned recommend that this permit be issued. An inspector will be assigned to supervise this work at the permittee's expense Yes No. Inspector's Name Resident Engineer Environmental Manager , Date Date Tree Trimming Permit No, issued at 1 g In so far as the Commonwealth Transportation Board has the right and power to grant same, the above applicant is permitted to perform tree work as outlined_ The Commonwealth Transportation Board reserves full municipal control over subject matter of this permit. Trans. Roadside Development Mgr for Dist. Administrator Proposed Landscaping Plan For Edwin B. Lindsley, Jr., Outdoor Sign — Va Beach Blvd/Rosement & Bonney Rd. Upon approval by the City of Virginia Beach Landscape Services Department this plan will be implemented. PLAN: (Reference attached sketch) 1. The proposed work, and the replacement plants and materials to be supplied, will be performed by Signature Landscapes. Their address, phone number and their point of contact are as follows: 232 Centerville Turnpike North, Chesapeake, Virginia 23320, Phone (757) 479-4960, Mr. Oscar Richardson. 2. Proposed work: a. Replace approximately fifty-six (56) existing shrubs (each located 3ft on center) with fifty-six (56) Dwarf Youpon Holly plants (3 gallon size). - Includes bedding compost and hardwood mulch for all plants. - Includes 1 year warranty with watering for the warranty period. - Includes perpetual maintenance for the plants. b. Relocate five (5) Crepe Myrtle trees to reasonably nearby City property, specific location to be determined by the City of Virginia Beach. Includes the compost, the hardwood mulch; and the replacement, with an 8' to 10' Crepe Myrtle (pink) tree, of any of the five trees, during a period of one year, due to disease or drought. Work will begin as early as late Fall, pending weather and the recommendation of Signature Landscapes and the City of Virginia Beach Landscape Services Department. Approved by: "_rze 11� Edwin B. Lindsley, Jr. Date rh a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO TRANSFER $135,000 FROM FULL-TIME SALARIES TO PART-TIME SALARIES WITHIN THE VIRGINIA AQUARIUM SPECIAL REVENUE FUND TO COVER INCREASED COSTS WHEREAS, the Virginia Aquarium and Marine Science Center uses part-time labor for a variety of functions; and WHEREAS, the Aquarium Special Revenue Fund has the required funding to transfer from full-time salary accounts to part-time salary accounts; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $135,000 is hereby transferred within the FY 2006-07 Operating Budget of the Virginia Aquarium Special Revenue Fund to cover increased personnel costs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2007. Approved as to Content: AManageoffit2nt) Services CA10429 May 31, 2007 R1 Approved as to Legal Sufficiency: City Attorney's Office` 4 zf CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $135,000 from Full -Time Salaries to Part -Time Salaries Within the Virginia Aquarium Special Revenue Fund to Cover Increased Costs MEETING DATE: June 12, 2007 ■ Background: The Virginia Aquarium and Marine Science Center utilizes part- time positions to perform a variety of duties on a regular basis. These duties range from custodial and IMAXO services to ticket sales and exhibits. This transfer of funding results from a variety of factors including increased part-time hourly wages to attract qualified individuals and increased IMAXO Theater film viewings. ■ Considerations: The Virginia Aquarium and Marine Science Center requests a transfer of $135,000 in salary money to provide the necessary funds for part-time labor for the remainder of FY 2006-07. Since this is the start of the summer season, and part- time workers are essential to the operations of the Aquarium, it is necessary that this transfer of funding occurs. ■ Public Information: The public will be informed through the normal agenda process. ■ Alternatives: If the Aquarium is forced to halt all part-time labor, operations at the Aquarium will be severely curtailed. ■ Recommendations: Approve the request to transfer $135,000 within the Virginia Aquarium Special Revenue Fund. ■ Attachments: Ordinance Recommended Action: Approval Submitting Depart nt/Agency: Department of Museums City Manager: ,li el- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 REQUESTED BY CCUNCIUNaMER UHRYN AN ORDINANCE TO TRANSFER $150,000 FROM THE FY 2006-07 TGIF FUND AND $150,000 FROM CIP #3-368, VARIOUS SITE ACQUISITIONS, TO THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT'S FY 2006-07 OPERATING BUDGET FOR A RESORT AREA STRATEGIC ACTION PLAN WHEREAS, in December of 2005, City Council adopted an Oceanfront Resort Area Plan, Resort Area Design Guidelines and a number of related amendments to the City Zoning Ordinance. WHEREAS, subsequent efforts are necessary to further refine the content of these adopted documents to further express the City's vision for the Oceanfront Resort Area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $150,000 is hereby transferred from the FY 2006-07 TGIF Fund to the Department of Planning and Community Development's FY 2006-07 Operating Budget; and 2. That $150,000 is hereby transferred from CIP #3-368, Various Site Acquisitions, to the Department of Planning and Community Development's FY 2006-07 Operating Budget for the solicitation of proposals for a Resort Area Strategic Action Plan. Requires an affirmative vote by a majority of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2007. Approved as to Content: JK I=, , �, anag me t Services CA10383 May 31, 2007 R-2 Approved as to Legal Sufficiency: City Attorney's Offic CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $150,000 from the FY 2006-07 TGIF Fund and $150,000 from CIP Project #3-368, Various Site Acquisitions, to the Department of Planning and Community Development's FY 2006-07 Operating Budget for a Resort Area Strategic Action Plan MEETING DATE: June 12, 2007 ■ Background: In December 2005, City Council adopted an Oceanfront Resort Area Plan, Resort Area Design Guidelines, and a number of related amendments to the City Zoning Ordinance. City Council has directed staff to refine the content of these adopted documents to further express the vision. The proposed Resort Area Strategic Action Plan would provide more detailed information and enhanced graphic representation of possible land uses, site designs, architectural elements, and overall vision for the Resort Area. It also would provide a general overview of related public infrastructure needs necessary to implement the vision. The Department of Planning and Community Development will solicit proposals for this Resort Area Strategic Plan. ■ Considerations: The planning policies cited in the City's Comprehensive Plan, the Oceanfront Resort Area Plan, and other approved planning studies affecting the Oceanfront Resort Area offer a range of important area -wide and systems -based goals. These resort area policies outline, in general terms, a coherent approach that advances reasonable economic growth and neighborhood stability. They also take into account the need for effective coordination with the U.S. Navy concerning military operations affecting this area. While remaining in alignment with these issues, an opportunity exists to further refine the 2005 policies by creating a Resort Area Strategic Action Plan. ■ Public Information: Public information will be handled through the normal City Council agenda process. ■ Recommendation: It is recommended that Council approve the transfer of $150,000 from the FY 2006-07 TGIF Fund and $150,000 from CIP #3-368, Various Site Acquisitions, to the Department of Planning and Community Development's FY 2006-07 Operating Budget for the solicitation of proposals for a Resort Area Strategic Action Plan. ■ Attachment: Ordinance Requested by Councilmember Uhrin 1 AN ORDINANCE TO APPROPRIATE $49,572 FROM THE 2 DEA SEIZED PROPERTY SPECIAL REVENUE FUND AND 3 $23,000 FROM THE SALE OF WEAPONS FUND TO THE 4 POLICE DEPARTMENT'S FY 2007-08 OPERATING 5 BUDGET TO PURCHASE REPLACEMENT COMPUTER, 6 FORENSIC LAB, AND FITNESS EQUIPMENT FOR THE 7 POLICE DEPARTMENT'S COMPUTER CRIMES UNIT AND 8 THE WELLNESS CENTER 9 10 WHEREAS, the Police Department has identified $49,572 within the FY 2007-08 11 DEA Seized Property Special Revenue Fund and $23,000 from the FY 2007-08 Sale of 12 Weapons Fund for the purchase of replacement computer, forensic lab, and fitness 13 equipment; and 14 15 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That $49,572 is hereby appropriated from the DEA Seized Property Special 19 Revenue Fund and $23,000 is hereby appropriated from the Sale of Weapons Fund to the 20 Police Department's FY 2007-08 Operating Budget for the purchase of replacement 21 computer, forensic lab, and fitness equipment. 22 23 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2007. Approved as to Content: ManagofneNt Services CA10428 May 31, 2007 R2 Approved as to Legal Sufficiency: City Attorney's Office <"J r ,7 ice' ✓ 5� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $49,572 from the DEA Seized Property Special Revenue Fund and $23,000 from the Sale of Weapons Fund to the Police Department's FY2007- 08 Operating Budget to Purchase Computer, Forensic Lab and Fitness Equipment for the Police Department's Computer Crimes Unit and the Wellness Center MEETING DATE: June 12, 2007 ■ Background: The Police Department would like to purchase equipment that includes replacement computer equipment for the computer crimes unit ($30,327), replacement of forensic lab equipment for the computer crimes unit ($5,540), replacement of various technological -based investigative equipment ($31,650), and a replacement elliptical machine for the wellness center ($5,055). ■ Considerations: Funds are available through the DEA Shared Asset Special Revenue Fund that provides law enforcement agencies monetary resources to assist in accomplishing their mission. Funds are also available through the Sale of Weapons fund that was established for revenue generated through the sale of the former model of service weapons and shotguns. The department transitioned to newer models of service weapons during the past four years. Funding for this transition came from a combination of DEA Shared Asset Funds, Sale of Weapons Fund, and the General Fund. ■ Public Information: Public information would be made available through the normal Council Agenda process. ■ Alternatives: Alternatives include requesting funds through the Operating Budget process for FY 2008-09, soliciting grant funds when available, or continue to operate with current equipment that has exceeded or will soon exceed their lifecycle. ■ Recommendations: It is recommended that $49,572 be appropriated from the DEA Seized Property Special Revenue Fund and $23,000 from the Sale of Weapons Fund to purchase this equipment. ■ Attachments: Ordinance Recommended Action: Approval Submitting Departme t/Agency: Police Department City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO APPROPRIATE $38,563 FROM COST RECOVERY REVENUE AND $10,716 FROM THE FIRE DEPARTMENT GIFT FUND TO THE FIRE DEPARTMENT'S FY 2006-07 OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $38,563 in cost recovery revenue is hereby appropriated to the Fire Department's FY 2006-07 Operating Budget for reimbursement of various costs, with miscellaneous revenue increased accordingly. 2. That $10,716 in additional gift fund revenue is hereby accepted and appropriated to the Fire Department's FY 2006-07 Operating Budget to support several fire programs with gift fund revenue increased accordingly. Requires an affirmative vote by a majority of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2007. Approved as to Content: en Services CA10424 R4 June 1, 2007 Approved as to Legal Sufficiency: City Attorney's Office f Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $38,563 from Cost Recovery Revenue and $10,716 from the Fire Department Gift Fund to the Fire Department's FY 2006- 07 Operating Budget MEETING DATE: June 12. 2007 ■ Background: The Virginia Beach Fire Department receives income throughout the fiscal year for cost recovery of expenses mitigating hazardous materials incidents, use of training facilities and instructors, court ordered fines for department expenses related to false calls and intentionally set fires, and gifts to the organization. Each of these specific types of unanticipated revenues are placed in itemized revenue accounts to facilitate correct appropriation back into operating budgets and historical evaluation of cost recovery efforts. ■ Considerations: The requested appropriation of cost recovery funds totaling $38,563 will be apportioned back into the Fire Department's Operating budgets for payroll, equipment/supplies and apparatus maintenance/fuel based on the average distribution of expenses for all affected events and incidents during the fiscal year. The gift fund balance of $10,716 will be used to purchase items specifically designated for livability items designated for specific fire stations, Operation Smoke Detector, and special projects of the Life Safety Education program. ■ Public Information: Public Information will be handled through the normal Council agenda process. ■ Alternatives: Various grants and programs are entered into with the understanding that cost recovery is available and will be used. Without appropriating the cost recovery funding, operating budgets cannot support specific activities such as partnerships in training, or would be forced to estimate revenues continuously during the year. Cost recovery is not a steady revenue stream and does not lend itself to incorporation into the budget in that manner. Appropriation of donated funds in this manner maintains accountability as well as improves assurance funds are used in a timely and appropriate manner. ■ Recommendations: Appropriate $38,563 from the designated cost recovery sources into the Fire Department operating budget. Appropriate $10,716 from the Fire Department gift fund to facilitate designated expenditures. ■ Attachments: Ordinance Recommended Action: Approval Submitting Departrent/Agency: Fire Department City Manager: ✓ G� operations as the design changes are applied and the existing data converted. Council will schedule VCAIS upgrades of jurisdictions that have made arrangements with Virginia Beach for assisting in the cost of Version 3. Be prepared to wait until a site visit can be reasonably scheduled. It will not be strictly first-come, first-served, but will accommodate CASC's engineer's schedule and the most efficient use of his time. VERSION 2 STILL WORKS Because the existing design of VCAIS 2 does not depend on a central template and there is no central replica of the VCAIS application, the timing of the upgrade is not critical. Version 2 will continue to provide the same performance for as long as you care to run it. The features offered by Version 3 are significant, this is a clear step in the evolution of an operational program. Council will continue to provide support for VCAIS Version 2 as needed but no new features will be added to the Version 2 design. Support will be luted to resolving operational problems. All future VCAIS design enhancements will build on the Version 3 design template. SHARED COST SCHEDULE The following schedule is based generally on the following formula: s=16 1.2 U"Maysm $600 34 amoonoyW SM ,a-iG a0orasys■ iy.Q00 11-15 aliornvys� 4'i,500 16-20 aftmeys- 42,000 21-25 QWMVP 43.000 28-0 SUOrneywPA00 31* amomwpp 46,000 Commonwealth's Attorney's office which plans to deposit the funds in that office's technology budget. Checks should be made out to "The Treasure of the City of Virginia Beach" BUT MAII.ED TO: Office of the Commonwealth's Attorney -Virginia Beach c/o A.B. Chapman, Administrator. 2425 Nimmo Parkway Virginia Beach, Virginia 23456 Please ensure that the checks are sent directly to the Virginia Beach_ Commonwealth's Attorney's office. A check sent straight to the Treasurer's office would be deposited in the City of Virginia Beach General Funds. The Virginia Beach Commonwealth's Attorney's Office will be happy to send you an invoice for the upgrade, and this may help speed the process through your County or City Administrators infrastructure. If you desire such an invoice, please contact: 'V'ielde P. Rogers, (757) 385-8723 or e-mail: yRogM&ce.vbeoy.com. Also, Lotus Notes has changed significantly since 2000 and the contractor who did the Version 3 programming used many of the newly added Lotus Notes features to add functionality to VCAIS. Consequently, Version 3 requires a more up-to-date version of Lotus Notes (the workstation client) and Domino (the server platform) than was needed for the earlier version of VCAIS. Version 3 requires Lotus Notes and Domino version 6.5.5 or newer to ensure compatibility. If you are not using this newer version of Notes you will need to uipgrade to the most current version. Purchase of updated Lotus software is the responsibility of the local jurisdiction and the software licenses must be obtained via your normal IT software procurement process. The CASC engineer will be happy to cooperate with your IT resources to identify the proper components that need to be ordered and he will work with your office to install the new version of Lotus, UPGRADING TAKES TIME There are more than 45 offices running Version 2 of VCAIS and the conversion process will take some time. CASC has one full-time support resource for VCAIS who already is regularly overscheduled by local emergencies. Council is investigating ways to add manpower to the upgrade process. Converting VCAIS Version 2 to Version 3 requires significant work. The Virginia Beach installation required an entire 3 -day weekend of data conversion. This is not a do-it-yourself conversion. A careful screening of the existing local design is necessary to ensure that all local customizations are retained in the new design on the local server. Conversion processes for smaller sites will be much quicker but will still require a period of down-time for VCAIS another: This change is helpful in cases where there are codefendants and eliminates having to enter the same witness information on all cases. • VCAIS Version 2 supported only a single offense date; Version 3 enables the user to specify a range of dates. • Version 3 adds a greatly enhanced closing letter program. The program reviews a case that has been concluded, gathers all sentence information and prepares a closing letter to selected witnesses. • Version 3 checks court event dates to avoid entering weekends and court holidays. Override capabilities give complete control to the user. • Version 3 includes a new application to manage asset forfeiture cases. It allows automation and standardization of asset forfeiture documents and procedures. (Microsoft Word templates for the majority of orders and letters are required for the asset forfeiture management application.] • Version 3 users now have the ability to enter gang affiliation from a locally -defined pick list. • Version 3 has the capability to include alternate address information so home and work addresses can be recorded with witness information, • The enhanced Version 3 Multiple Charge feature is easier to use and allows for entry of different victim information for each of the charges. • Version 3 permits entry of multiple victims on indictments. • Version 3 has a new database that will track restitution details for those offices that monitor restitution. • Version 3 has added five new variables that can be added to the language that makes up the body of the indictment. This highly sought after change provides significant enhanced capabilities in offenses like forgery and uttering, use of false identification, credit card fraud and drug offenses. UPGRADING COSTS MONEY VCAIS is now more than seven years old. Initial funding for VCAIS was provided by Federal grant funds and a one-time investment from the Public Defenders led to Version 2. The Commonwealth's Attorney's Services Council does not have a budget line item for VCAIS except for the services of the Lead Engineer. The Commonwealth of Virginia funnels all IT investments through the Virginia Information Technology Agency (VITA) and VITA does not provide support for Lotus Notes and Domino as approved technologies for state agencies. A 2005 review of VCAIS by an outside contractor found that the underlying structure of VCAIS was sound, the use of Lotus Notes and Domino as the platform was appropriate and replacement with other technology would require a major financial investment, The current upgrade is substantially less expensive. Virginia Beach funded the development of VCAIS Version 3 at a cost of approximately $50,000. During the process, it was suggested that participating VCAIS jurisdictions share in the development costs in proportion to their usage of VCAIS. A schedule was prepared that reflects each office's share and that schedule is attached. The funds will be paid to the Virginia Beach design template will be carefully controlled to ensure the integrity of the core design. Version 3 preserves one of the biggest strengths of VCAIS: the flexibility that allows each site to have features unique to the site. That means local customization of the VCAIS form documents (e.g,, subpoenas, indictments, transportation orders, and witness letters) will remain under complete control of the local jurisdiction and local custom features will be protected from change in the template update process. Performance Stabilization: VCAIS Version 2 uses a two -database design to contain the data. the Open Case Database and the Closed Case Database. The size of the open case database reasonably stable but the natural growth over time of closed cases in every juriscc...tion sloe- performance in the closed case database, More significantly, the process of closing an open case in the open case database takes longer and longer because the process that moves the case requires an update to all of the active indices in the closed case database. Version 3 uses a three -database design: an open case database, a closed case database and an archived case database. The archived case database contains cases that meet a pre -defined age threshold. Cases are moved from the closed case database to the archive on a nightly basis by a scheduled program process. Index refreshes of the growing archive database occur after normal working hours when user load is small and server availability is at a maximum. Cases in the open case database will continue being closed as before and the more stable size of the closed case database allows the process of updating indices to remain consistent. This design has been in operation in Virginia Beach for over six months and has proved to be effective solution to the performance dilemma. The streamlined and compact index structure of the archived case database should offer long-term performance consistency for even the Iargest offices. User Interface Modernization- The VCAIS Version 2 user interface was based on the technology available in Lotus Notes/Domino version 4,6, Lotus Notes is now in version 7,0.2 with version 8.0 now in beta testing. The VCAIS user interface takes advantage of these new capabilities and gives the screens an updated appearance. Functionality of the various buttons and menus has not changed. Bug ,Fixes: A number of minor, annoying bugs in the VCAIS Version 2 application have been corrected. The most noticeable one caused some cases that were closed to remain in the open database. Another error did not allow the name of the defense attorney to be pushed down to new events. Dialog boxes used to select charges on events have been improved to allow a more precise selection of charges. The box now includes victim's name and date of offense, New Capabilities and Features: • Version 3 allows simultaneous searching of defendant information in open, closed and archived databases and the search result includes the number of cases available in each database with links to all three databases, In Version 2 the Open and Closed databases had to be searched separately. M A new document type has been added that allows detailed information of forensic evidence submission and tracking. 9 Version 3 provides a new capability for copying witness information from one case to MM4NWEALTH o,('VIRGINIA Commonwealth's Attorneys' Services Council Post 01rim Box Jtwo, Williiamsbarg, Virginia 23187-3549 Telephoner (757) 253-4M Fax: (757 253-7159 EmaNcasrofJ�wm.edu Websift www.®s sing va.us Date: March 12, 2007 To: Commonwealth's Attorneys - VCAIS Jurisdictions From: Bob Harris Re: VCAIS Version 3 As most of you know, the basic design of VCAIS has not changed significantly since the release of Version 2 in 2000. This past year the City of Virginia Beach funded a project to refresh the core design of VCAIS and the result is VCAIS Version 3.0. I am writing to let you know about the features of Version 3 and the current plans to make the updated version available to the 45 VCAIS jurisdictions. In a nutshell, the new Version 3 is a very good product; those jurisdictions that choose to upgrade will be asked to share in the development cost; Council asks you to be patient as we work to schedule upgrades; and, Version 2 will continue to provide the same performance if you do not upgrade. The rest of this letter is the details. VCAIS VERSION 3 The VCAIS User's Group submitted a list of requests and suggestions based on users' experience with the existing product and Virginia Beach was able to incorporate many of the changes into the Version 3 design. There are numerous benefits to the new design, the most significant of which are'listed below: Design Stabilization : One of the biggest challenges in VCAIS has been the badly fragmented core design that has developed since 2000. Each new installation received a slightly different, more evolved version of VCAIS. One of the primary goals of Version 3 is to fix and unify this constantly changing design. Version 3 will have what Lotus Notes calls a design template that contains the basic core design of VCAIS. As new changes and bug fixes are added to the design, the template will be updated and replicated automatically to each. VCAIS server in our domain. The individual Domino server automatically will update the design of VCAIS at each site. The 1 1 AN ORDINANCE TO ACCEPT $60,000 FROM OTHER 2 COMMONWEALTH'S ATTORNEY'S OFFICES AND 3 APPROPRIATE $40,000 TO THE FY 2006-07 OPERATING 4 BUDGET OF THE COMMONWEALTH'S ATTORNEY'S 5 OFFICE AND $20,000 TO THE FY 2007-08 OPERATING 6 BUDGET OF THE COMMONWEALTH'S ATTORNEY'S 7 OFFICE TO UPGRADE THE VIRGINIA COMMONWEALTH'S 8 ATTORNEY INFORMATION SYSTEM (VCAIS) 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That $60,000 is hereby accepted, with $40,000 appropriated to the FY 2006-07 14 Operating Budget of the Commonwealth's Attorney's Office and $20,000 appropriated to 15 the FY 2007-08 Operating Budget of the Commonwealth's Attorney's Office to upgrade the 16 Virginia Commonwealth's Attorney Information System, with revenue from the 17 commonwealth reflected accordingly. 18 19 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2007. Approved as to Content: anagem nt gervices CA10425 R-3 June 1, 2007 Approved as to Legal Sufficiency: City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: An Ordinance to Accept $60,000 from Other Commonwealth's Attorney's Offices and Appropriate $40,000 to the FY 2006-07 Operating Budget of the Commonwealth's Attorney's Office and $20,000 to the FY 2007-08 Operating Budget of the Commonwealth's Attorney's Office to Upgrade the Virginia Commonwealth's Attorney Information System (VCAIS) MEETING DATE: June 12, 2007 ■ Background: The Office of the Commonwealth's Attorney in Virginia Beach funded a project to upgrade the core design of VCAIS, a defendant database used by Commonwealth's Attorneys in 45 jurisdictions throughout Virginia. Jurisdictions that choose to upgrade have agreed to share in the development cost. ■ Considerations: This funding can only be used as reimbursement for costs incurred related to this program. ■ Public Information: Public information will be handled through the normal agenda process. ■ Alternatives: Without approval, the Virginia Beach Office of the Commonwealth's Attorney would not receive reimbursement for costs already incurred. ■ Recommendations: Accept $60,000 from other Commonwealth's Attorney's Offices and appropriate $40,000 to the FY 2006-07 Operating Budget of the Commonwealth's Attorney and $20,000 to the FY 2007-08 Operating Budget of the Commonwealth's Attorney. ■ Attachments: Ordinance, Letter from the Commonwealth of Virginia, Commonwealth's Attorneys' Services Council outlining VCAIS Version 3. Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth's Attorney City Manager: Attachment to Ordinance to Appropriate Excess CDBG and HOME Program Income Revised 6/6/07 to Remove funding for Habitat Project Proposed Uses of HOME Funds Purpose/Organization Amount of New HOME Funds Program Reserves $150,000 Judeo Christian Outreach - New Construction: West $100,000 Lane Multi Family Judeo Christian Outreach — $29,869 Acquisition / Rehab First Time Homebuyer $150,000 Assistance Rental Security Deposit $50,000 Assistance Total New HOME Funds $479,869 to Appropriate Proposed Use of CDBG Funds Purpose/Organization Amount of New CDBG Funds Homeowner Rehabilitation $58,000 — Fagade Program Homeowner Rehabilitation $58,208 — Home Repair Program Total New CDBG Funds $116,208 to Appropriate 1 AN ORDINANCE TO APPROPRIATE $596,077 2 IN ADDITIONAL COMMUNITY DEVELOPMENT 3 BLOCK GRANT (CDBG) AND HOME 4 PROGRAM INCOME TO THE DEPARTMENT 5 OF HOUSING AND NEIGHBORHOOD 6 PRESERVATION'S FY 2007-08 OPERATING 7 BUDGET 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, more program revenue will be realized in the Department of Housing and Neighborhood Preservation's CDBG and HOME Programs than expected due to higher than estimated repayment of loans because of home re -sales and re -financings. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: (1) That $116,208 from CDBG program income is hereby appropriated to the Department of Housing and Neighborhood Preservation's FY 2007-08 Operating Budget to provide additional grants to homeowners for home rehabilitation for facades and home repair, with estimated revenue from program income increased accordingly. (2) That $479,869 from HOME program income is hereby appropriated to the Department of Housing and Neighborhood Preservation's FY 2007-08 Operating Budget to provide additional grants to non-profit organizations, and to increase funding for rental security deposit assistance and to first-time home buyers, with estimated revenue from program income increased accordingly. Adopted by the City Council of the City of Virginia Beach, Virginia on this day of June, 2007. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ri►.i�6A,yr) 1 Management Services City Attorney's Office CA10405 R-2 May 23, 2007 Bpi;, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $596,077 in Additional Community Development Block Grant (CDBG) and HOME Program Income to the Department of Housing and Neighborhood Preservation's FY 2007-08 Operating Budget MEETING DATE: June 12. 2007 ■ Background: The Department of Housing and Neighborhood Preservation makes loans and grants to low-income homeowners to assist in rehabilitation of housing and to first-time homebuyers to make home buying more affordable. Each year, the department estimates the amount of income to be received from loan payments and payoffs. In the current year, revenue has significantly exceeded the estimate by $479,869 for HOME funds and $116,208 for CDBG funds, for a total of $596,077. This item was deferred by City Council for one week on June 5, 2007. ■ Considerations: This revenue is called "program income" under federal regulation and must be used for a purpose eligible under the program that provided the funds. Revenue exceeding estimates is considered to be one-time funding and should not be utilized for ongoing expenses. Therefore, the department proposes to utilize the revenue for grants to non-profit organizations and to increase funds available for first- time homebuyers and homeowners seeking rehabilitation funding, as detailed in the attached list. The list is revised to allocate the funds previously designated for Habitat for Humanity to project reserves. If a Habitat project is proposed that is eligible for funding and approved by Council, Council will have the opportunity to transfer funds via ordinance to the project at that time. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Alternatives: Without action to appropriate the funding, the funds cannot be utilized. Alternative uses of the funds are possible, but the department's proposed use closely aligns with the adopted budget, and the department believes it is the most appropriate usage. ■ Attachments: Ordinance; lisp f proposed uses for funding. Recommended Action: Approval � Submitting Departm nt/Agency: u �`i g �and Neighborhood Preservation City Manager: �� -30 - Item V.J.2. ORDINANCES/RESOLUTIONS ITEM #56499 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of June 12, 2007: Ordinance to APPROPRIATE $596,077 in additional Community Development Block Grant (CDBG) and HOME Program income to the Department of Housing and Neighborhood Preservation's budget to be used for additional grants Voting: 10-0 (By Consent) Council Members Voting Aye.- William ye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 5, 2007 41RGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF CIP R soturtoCi U R V E SCHOOL BOARD FY 2007-08/FY 2012-13 CAPITAL IMPROVEMENT PROGRAM Camel D. Edwards WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with Chairman District 1 . Centerville our entire community, is to ensure that each student is empowered with the knowledge 1513 Beachwew Drive VA Beach. VA 23464 and skills necessary to meet the challenges of the future; an 495.3551 (h) - 717.0259 (c) WHEREAS, the School Board of the City of Virginia Beach has adopted a Rita Sweet Bellitto Vice Chairman comprehensive strategic plan and school improvement priorities to guide budgetary At-Large decisions; and P.O. Box 6448 VA Beach, VA 23456 WHEREAS, the School Board has studied the recommended Capital Improvement 418.0960(c) Program FY 2007-08/FY 2012-13 Amended in view of state and federal requirements, Todd C. Davidson At-Large additional demands for space and operations, the strategic plan, priorities, 2424 Savannah Trail expectations, competitive compensation for employees and the best educational VA Beach. VA 23456 427.3330 (w) - 285-9409 (c) interests of its students; and Emma L. "Em" Davis WHEREAS, the total funds available for FY 2007-08 from the City of Virginia Beach to District 5 - Lynnhaven 1125 Michaelwood Drive Virginia Beach City Public Schools under the Revenue Sharing Policy is $390,381, ; VA Beach, VA 23452 and 340.8911 (h) Patricia G. Edmonson WHEREAS, the debt service payment is estimated to be $41,402,094 leaving a Disthct6-Beach balance of $348,979,343 to allocate between the Operating Budget and the Capital 401.205 Harbour Point VA Beach, VA 23451 Improvement Program; and 428-5240 (h) WHEREAS, the School Board Proposed Capital Improvement Program has been Edward F. Fissinger, Sr. At-Large reconciled to meet the funding provided by the City Council on May 15, 2007. 412 Becton Place VA Beach. VA 23452 Now, therefore, be it 486-4567(h) Dan R. Lowe RESOLVED: That the School Board of the City of Virginia Beach adopts a CIP District 4 - Bayside program of $620,614,484 (as shown on the attached funding summary dated May 22, 4617 Red Coat Road 2007; and be it VA Beach, VA 23455 490.3661 (h) FURTHER RESOLVED: That the approved School Board Operating Budget allocates Lyndon S. Remiss $12108658 to PAYGO funding for FY 2007-08; and be it District 7 -Princess Anne $12,108,658 3225 Nansemond Loop VA Beach. VA 23456 FURTHER RESOLVED: That the City of Virginia Beach has also transferred 630-6102 (c) $4,488,750 from the Sandbridge TIF to the Schools PAYGO resulting in a total of Sandra Smith-Jones $16,597,408 allocated towards PAYGO CIP Funding for FY 2007-08; District 2 - Kempsville 705 Rock Creek Court and be it VA Beach, VA 23462 490.8167 (h) FURTHER RESOLVED: That a copy of this resolution be spread across the official Michael W.ose Hall Stewart Dminutes of this Board, and the Clerk of the Board is directed to deliver a copy of this District 3 •R 105 Brentwood Court resolution to the Mayor, each member of City Council, the City Manager, and the City VA Beach, VA 23452 Clerk. 498.4303 (h) - 445.4637 (w) Carolyn D. Weems Adopted by the School Board this 22nd day of May, 2007 At-Large 1420 Claudia Drive VA Beach, VA 23455 SEAL 464-6674 (h) Daniel D. Edwards, Chairman SUPERINTENDENT Attest: James G. Merrill, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 I(! 263.1007 Dianne P. Alexander, Clerk of the Board School Administration Building - 2512 George Mason Drive - P.O. Box 6038 , Virginia Beach, VA 23456-0038 vvww.vbschooIs.com 4p/l IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE BUDGET RESOLUTION SCHOOL BOARD WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our entire Daniel D. Edwards community, is to ensure that each student is empowered with the knowledge and skills necessary to Chairman District 1 - Centerville meet the challenges of the future; and 1513 Beachview Drive VA Beach, VA 23464 WHEREAS, the School Board of the City of Virginia Beach has adopted a comprehensive strategic 495.3551 (h) -717.0259 (c) plan and school improvement priorities to guide budgetary decisions; and Rita Sweet Bellitto Vice Chairman WHEREAS, the School Board has studied the recommended School Operating Budget FY 2007- 08 At-Large Amended in view of state and federal requirements, additional demands for space and operations, P O. Box 6448 VA Beach, VA 23456 the strategic plan, priorities, expectations, competitive compensation for employees and the best 418-0960 (c) educational interests of its students; and Todd C. Davidson WHEREAS, the total funds available for FY 2007-08 from the City of Virginia Beach to Virginia Al-Large 2424 Savannah Trail Beach City Public Schools under the Revenue Sharing Policy is $390,381,437; an VA Beach. VA 23456 427.3330 (w) • 285.9409 (c) WHEREAS, the debt service payment is estimated to be $41,402,094 leaving a balance o Emma L. "Em" Dads $348,979,343 to allocate between the Operating Budget and the Capital Improvement Program. District 5 - Lynnhaven 1125 Michaelwood Drive WHEREAS, the School Board Proposed Operating Budget has been reconciled to meet the funding VA Beach, VA 23452 provided by the City Council on May 15, 2007; and 340-8911 (h) Patricia G. Edmonson Now, therefore, be it District 5 - Beach 401.205 Harbour Point RESOLVED: That the $348,979,343 be allocated as follows: $336,870,685 to the Operating VA Beach, VA 23451 Budget, and $12,108,658 to the Capital Improvement Program (CIP); and be it 428.5240(h) Edward F. Fissinger, Sr. FURTHER RESOLVED: That City of Virginia Beach has also transferred $4,488,750 from the At-Large Sandbridge TIF to the Schools PAYGO; and be it 412 Becton Place VA Beach, VA 23452 FURTHER RESOLVED: That the Virginia Beach City School Board requests a lump sum 486.4567 (h) appropriation of $707,162,127 for FY 2007-08 from the City Council of Virginia Beach for the School Dan R. Lowe District 4-Bayside Board ProposedOperating g 0 eratin Budget FY 2007-08 Amended. For information, this includes the 4617 Red Coat Road following categories: VA Beach, VA 23455 490.3681 (h) Instruction $555,724,972 Lyndon S. Remiss Administration, Attendance and Health 24,189,034 District 7 - Princess Anne Pupil Transportation 30,891,040 3225 Nansemond Loop 96,357,081 VA Beach, VA 23456 Operations and Maintenance 630-6102 (c) and be it Sandra Smith-Jones Distnct2-KempsvUle FURTHER RESOLVED: That the School Board of the City of Virginia Beach requests an 705 Rock Creek Court VA Beach, VA 23462 appropriation of $102,338,368 for special grants, and other special revenue funds, for the 2007-2008 490-6167 (h) fiscal year; and be it Michael W. Stewart District 3 - Rose Hall FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this 105 BrentwooACoun Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each VABeachrVA 23452 498.4383 (h) •.445.4637 (w) member of City Council, the City Manager, and the City Clerk. carotyn.p. Weems Adopted by the School Board this 22"d day of May, 2007 At"42D e 1 C 1420 Fi9udia Drive VA Basch, VA 23455 SEAL 464.6@74 (hl Daniel D. Edwards, Chairman SUPERINTENDENT Attest: James G. Merrill, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 /�►( • �(% e , 263.1007 LY/ 1� nd .• r " V - C•�/�— Dianne P. Alexander, Clerk of the Board School Administration Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 Summary of School Budget Changes School Budget Changes Requested Adopted by by the School Board School Board City Council to Distribute the Adopted School Operating Fund $ 704,976,713 on May 15th 2,185,414 Reductions Administration, Attendance, and Health May 22nd Revenue from Local Sources (179,576) $ 24,189,034 Instruction $ 559,642,494 $ (3,917,522) From Use of Money and Property $ 465,000 $ - $ 465,000 Charges for Services $ 1,761,594 $ - $ 1,761,594 Miscellaneous Revenue $ 472,000 $ - $ 472,000 Revenue from the Commonwealth $ 10,920,916 $ 10,920,916 $ - $ - State Share Sales Tax $ 76,188,327 $ 222,435 $ 76,410,762 Other Sources from the Commonwealth $ 275,447,976 $ 962,979 - $276,410,955 Revenue from the Federal Government $ 14,771,131 $ - $ 14,771,131 Transfers from Other Funds $ 335,870,685 $ 1,000,000 $336,870,685 Total Revenue $ 704,976,713 $ 2,185,414 $707,162,127 Administration, Attendance, and Health $ 24,368,610 $ (179,576) $ 24,189,034 Instruction $ 559,642,494 $ (3,917,522) $555,724,972 Operations and Maintenance $ 98,565,877 $ (2,208,796) $ 96,357,081 Pupil Transportation $ 33,767,508 $ (2,876,468) $ 30,891,040 Less City Reduction 4,195,708 $ (67,411) $ 4,128,297 Reduction by the City Manager $ (446,860) $ 446,860 $ - Reduction by the City Council $ 10,920,916 $ 10,920,916 $ - Total School Operating Fund $ 704,976,713 $ 2,185,414 $707,162,127 School General Revenue Capital Projects Fund nsfer from Other Funds $ 13,108,658 $ (1,000,000) $ 12,108,658 )ital Project 1-006 Various Site Acquisition- Phase 1 $ 1,000,000 $ (1,000,000) $ - School Athletic Special Revenue Fund Revenue from Local Sources From Use of Money and Property $ 45,000 $ - $ 45,000 Charges for Services $ 484,348 $ - $ 484,348 Miscellaneous Revenue $ 4,195,708 $ (67,411) $ 4,128,297 Specific Fund Reserves $ 24,000 $ - $ 24,000 $ 4,749,056 $ (67,411) $ 4,681,645 Education - Athletic $ 4,749,056 $ (67,411) $ 4,681,645 46 47 48 49 50 51 52 53 54 55 56 57 58 2. That the General Fund transfer to the Capital Improvement Program is hereby decreased by $1,000,000, resulting in a total transfer from the General Fund of $12,108,658. And that appropriations to Capital Project 1-006, Various Site Acquisitions — Phase I are decreased by $1,000,000 accordingly. 3. That $1,185,000 in additional state revenues is hereby appropriated to the FY 2007-08 School Operating budget. 4. That $67,411 in appropriations to the School Athletic Special Revenue Fund is hereby reduced in the FY 2007-08 Schools budget, with local revenue decreased accordingly, resulting in a total appropriation of $4,681,645. Requires an affirmative vote by a majority of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2007. Approved as to Content: A" Manag en Services CA10427 May 31, 2007 R2 Approved as to Legal Sufficiency: City Attorney's Office 1 AN ORDINANCE TO REVISE CATEGORICAL 2 APPROPRIATIONS FOR THE SCHOOL OPERATING FUND 3 AND AMEND THE CITY'S FY 2007-08 OPERATING 4 BUDGET AND FY 2007-08 CAPITAL IMPROVEMENT 5 BUDGET AS REQUESTED BY THE SCHOOL BOARD 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, the City's FY 2007-08 Operating Budget as approved by City Council on May 15, 2007, required a $10,920,916 reduction to total school funding; and WHEREAS, to achieve a portion of this reduction, the School Board desires to decrease the General Fund transfer to a school project in the Capital Improvement Program for various site acquisitions; and WHEREAS, additional state revenues in the amount of $1,185,414 is available for school operations; and WHEREAS, the transfer from the School Operating fund to the School Athletic Special Revenue Fund will be decreased by $67,411; and 20 WHEREAS, a resolution to revise the categorical appropriations in the School 21 Operating Fund, reduce the General Fund transfer to the School Operating Fund, and to 22 reduce the funds available to the Schools other special revenue funds was approved by the 23 School Board on May 22, 2007; and 24 25 WHEREAS, a resolution to decrease the General Fund transfer to the Capital 26 Improvement Program for student various site acquisitions was approved by the School 27 Board on May 22, 2007. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 1. That the following adjustments are hereby allocated to the following categories in 33 the FY 2007-08 School Operating Budget: 34 35 (a) appropriations to the Instruction category are decreased by $3,917,522, resulting 36 in a total appropriation of $555,724,972; and 37 38 (b) appropriations to the Administration, Attendance and Health category are 39 decreased by $179,576, resulting in a total appropriation of $24,189,034; and 40 41 (c) appropriations to the Pupil Transportation category are decreased by 42 $2,876,468, resulting in a total appropriation of $30,891,040; and 43 44 (d) appropriations to the Operations and Maintenance category are decreased by 45 $2,208,796, resulting in a total appropriation of $96,357,081. Sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Revise Categorical Appropriations for the School Operating Fund and Amend the City's FY 2007-08 Operating Budget and FY 2007-08 Capital Improvement Budget as Requested by the School Board MEETING DATE: June 12, 2007 ■ Background: The FY 2007-08 Operating Budget adopted by City Council on May 15, 2007 required the Schools to reduce the School Board approved budget by $10,920,916. On May 22, 2007, the School Board adopted a budget resolution to reconcile the funding provided by City Council and revise their categorical expenditure appropriations. Additionally, the School Board also decreased appropriations and estimated revenues in the amount of $67,411 in the School Athletic Special Revenue Fund for FY 2007-08. ■ Considerations: In view of State and Federal requirements, additional demand for space and operations, the strategic plan, priorities, expectations, competitive compensation for employees, and the best educational interests of its students, the School Board requests City Council approval of the changes on the attachment, "Summary of School Budget Changes". The combined City Manager and Council reduction totaled $11,367,776. To achieve this reduction, the School Board reduced categories in the School Operating Fund by $9,182,362, appropriated new estimates of state revenue totaling $1,185,414, and decreased the transfer to the School CIP by $1,000,000 (thereby retaining these funds in the School Operating Fund). The School Board also requests that appropriations in the School Athletic Special Revenue Fund be decreased by $67,411. As a result of these changes, the number of positions will be decreased by 47 from the budget approved by City Council on May 15, 2007. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: It is recommended that the City Council amend the Fiscal Year 2007-08 Operating Budget and Fiscal Year 2007-08 Capital Improvement Budget to reflect the requested modifications to the School Board's Fiscal Year 2007-08 Operating and Capital Budgets. ■ Attachments: Ordinance, Summary of School Changes, School Board Budget Resolution dated May 22, 2007, School Board CIP Resolution dated May 22, 2007. Recommended Action: Approval Submitting Department/Agency: School Board City Manager: I— SUMMARY OF TERMS COST PARTICIPATION AGREEMENT FOR DESIGN OF WESLEYAN DRIVE ROADWAY IMPROVEMENTS Cit off Virginia Beach's Responsibilities: • Cause to be designed, in accordance with all applicable specifications and standards of the Virginia Department of Transportation, roadway improvements that will result in the widening of the portion of Wesleyan Drive between its existing terminus at Northampton Boulevard and its intersection with Baker Road. • Act as Project Manager for the design of the Roadway Improvements. • Responsible for the following: soliciting proposals for the design of the Roadway Improvement; awarding the design contract; overseeing and managing the design of the Roadway Improvements; and preparing final bid plans and specifications for construction of the Roadway. • Pay all design costs for Roadway Improvements to the portion of Wesleyan Drive lying in Virginia Beach. • Issue a request for proposals ("RFP") seeking proposals for geotechnical and topographic studies and the design of the Roadway Improvements. • Convene a meeting of the Design Team for the purpose of reviewing proposals and selecting a design contractor. • Award the design contract. • Jointly conduct at least one (1) citizen information meeting and one (1) design public hearing with Norfolk. • Secure access to private property during the design phase. • Coordinate with the private utility companies to determine if any relocation is necessary. City of Norfolk's Responsibilities: • Designate one of its employees as an Assistant Project Manager. • Pay all design costs for Roadway Improvements to the portion of Wesleyan Drive lying in Norfolk. • Transfer funds for design of the Roadway Improvements, plus a fifteen percent (15%) contingency, from its Regional Surface Transportation Program ("RSTP") funds, to Virginia Beach. • Jointly conduct at least one (1) citizen information meeting and one (1) design public hearing with Virginia Beach. • Secure access to private property during the design phase. • Coordinate with the private utility companies to determine if any relocation is necessary CITY OF VIRGINIA BEACH By: City Manager City Manager APPROVED AS TO CONTENT: Department of Public Works, Virginia Beach APPROVED AS TO LEGAL SUFFICIENCY: CITY OF NORFOLK APPROVED AS TO CONTENT: Director, Department of Public Work, Norfolk APPROVED AS TO FORM AND CORRECTNESS: Office of City Attorney, Virginia Beach Assistant City Attorney, Norfolk 3 (b) Compliance With All Laws. The parties shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of their obligations set forth herein. The parties shall at all times observe all health and safety measures and precautions necessary for the sanitary and safe performance of their obligations set forth herein. (c) Venue. Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 16. Notices. Any notice given hereunder may be mailed, delivered or faxed to the named project contact at the address provided below: For Virginia Beach: Tabitha Crowder, P.E. City of Virginia Beach Dept. of Public Works 2405 Courthouse Drive, Building 2 Virginia Beach, Virginia 23456 (757)385-5668 For Norfolk: Rob Brown, P.E. City of Norfolk Dept. of Transportation 810 Union St — Room 200 Norfolk, VA 23510 (757)664-7311 17. Force Majeure. Neither party shall be deemed to be in default with respect to the performance of any of the terms, covenants and conditions of this Agreement where a party's failure to perform, or delay in performance, is caused by war, invasions, insurrection, blockage, domestic or foreign embargoes, riots, floods, earthquakes, fire, epidemics, lock -outs or other labor disturbance adversely affecting the party's ability to perform, interruption, delay or other inadequacy of carriers or other transportation facilities of any type, the operation of domestic or foreign statutes, law, rules, rulings or regulations, interference by domestic, civil or military authority, agency or governmental unit, shortages of materials, services or supplies, failure of parties with whom the party has contracted for services to provide the same, or any other causes whether of the same or different character from those herein specified, which cannot be avoided or prevented by the due diligence of the party. To the extent that any such cause of the party's failure or delay in performance ceases, the period for the performance by the party of any act required under the terms of this Agreement shall be extended for a reasonable period of time thereafter. IN WITNESS WHEREOF, the parties hereto have executed and sealed Agreement as of the day and year first above written. k, II. General Provisions. 9. Term. This agreement shall be effective upon execution and shall remain in full force and effect until the completion of the Roadway Improvements design. 10. Termination. In the event that either party shall for any reason or through any cause be in default of the terms of this Agreement, the other party may give it written notice of such default. Unless otherwise provided, the party in default shall have twenty- one (21) days from the date such notice is mailed or delivered in which to cure the default, except to the extent such cure period requires a reasonably longer period, in which case, such longer period shall apply, provided, however, that such actions required to cure are commenced and proceeded with to completion in a prompt and diligent manner. If such default is not timely cured, the other party may cancel and terminate this Agreement as of the date of the default notice. This Agreement may also be terminated without cause by either party. The party seeking to terminate the Agreement shall give the other party sixty (60) days prior written notice, at the address set forth in Section 16 herein, of its intention to terminate. Each party shall pay its share of the expenditures outstanding at termination. 11. Assignment. Neither party shall assign its rights and duties under this Agreement without the prior written consent of the other party, which shall not be unreasonably delayed, refused or denied. 12. Modification. No modification of, this Agreement shall be effective unless made in writing and executed by the authorized representatives of both parties. 13. Performance. The parties shall perform their respective obligations to effectuate the intent of this Agreement in a timely and diligent manner, with time being of the essence. 14. Indemnification. To the extent permitted by law, and without waiving their sovereign immunity, the parties shall be responsible to one another for any and all damages to persons or property caused by, resulting from, or arising out of any gross negligence or intentional wrongdoing on the part of the party, its contractors, subcontractors, agents or employees under or in connection with this Agreement. 15. Applicable Law; Compliance With All Laws; Venue. (a) Applicable Law. This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. of the design of the Roadway Improvements. Norfolk shall transfer funds to Virginia Beach within sixty (60) days of execution of this Agreement. Virginia Beach shall use its RSTP funds to pay for Virginia Beach's portion of the design for the Roadway Improvements. 6. Award of Roadway Improvements Design Contract. (a) Within ninety (90) days of the execution of this Agreement, Virginia Beach shall issue a request for proposals ("RFP") seeking proposals for geotechnical and topographic studies and the design of the Roadway Improvements. The RFP shall be issued in accordance with the consultant procurement requirements contained in the Urban Construction Initiative, Program Administration Guide of the Virginia Department of Transportation. (b) Within fourteen (14) days after receipt of the proposals, Virginia Beach shall convene a meeting of the Design Team for the purpose of reviewing the proposals and selecting a design contractor. After a contractor has been selected, Virginia Beach shall award the design contract. 7. Roadway Improvements Design Phase. (a) During the design phase of the Roadway Improvements, the parties shall jointly conduct at least one (1) citizen information meeting and one (1) design public hearing for the purpose of collecting public input on the Roadway Improvements. (b) Plans shall be submitted by the design contractor to Virginia Beach at intervals of twenty five percent (25%), fifty five percent (55%), ninety percent (90%), one hundred percent (100%), and final bid plans. Design plans shall be distributed by Virginia Beach to the Design Team for review. The Design Team shall convene to review and discuss the design plans. (c) If necessary, each party shall be responsible for securing access to private property in their respective locality during the design phase so that survey or environmental investigations may be completed. (d) Each party shall coordinate with the private utility companies in their respective locality to determine if any relocation is necessary and to obtain an estimate of work to be completed. 8. Change Orders. Either party may request a change order during the term of this Agreement. The party requesting a change order shall promptly notify the other party, in writing, of the nature of the change order. If the party receiving a notice of requested change order objects, the Design Team shall convene to review and discuss the requested change order. The Project Manager shall have the authority to make the final determination as to the necessity of a requested change order, after consultation with the Assistant Project Manager. The Design Team shall convene to review any proposed change order which would exceed one percent (I%) of the cost of the design contract. 3 Northampton Boulevard and its intersection with Baker Road ("Roadway Improvements"). The design shall include all survey, geotechnical and engineering work to prepare a complete set of construction documents required for the Roadway Improvements. The typical section to be included in the Roadway Improvements shall be an arterial four -lane divided roadway. The Roadway Improvements project shall be established as a locally administered project by the City of Virginia Beach for the Virginia Department of Transportation. 2. Project Manager. The Project Manager for the design of the Roadway Improvements shall be an employee of the City of Virginia Beach. As the Project Manager, Virginia Beach shall be responsible for the following: (1) soliciting proposals for the design of the Roadway Improvement; (2) awarding the design contract; (3) overseeing and managing the design of the Roadway Improvements; and (4) preparing final bid plans and specifications for construction of the Roadway Improvements. Norfolk shall designate one of its employees as an Assistant Project Manager. 3. Design Team. A Design Team shall be established for the purpose of developing design objectives and requirements, reviewing design proposals, and reviewing design plans. The Design Team shall consist of the following members: (1) representatives of both parties' Departments of Public Works; and (2) any other individual deemed necessary by both parties for the completion of the design. The Design Team shall convene as necessary to accomplish the objectives set forth in this section. 4. Cost Allocation. The cost of designing the Roadway Improvements shall be borne as follows: (a) Virginia Beach shall be responsible for paying all design costs for Roadway Improvements to the portion of Wesleyan Drive lying in Virginia Beach, namely between the intersection of Wesleyan Drive and Bakers Road, and the city line (approximately 0.45 mile). The design shall be prepared in accordance with the Virginia Department of Transportation specifications and standard(s) associated with a four -lane divided urban roadway. (b) Norfolk shall be responsible for paying all design costs for Roadway Improvements to the portion of Wesleyan Drive lying in Norfolk, namely between the intersection of Northhampton Boulevard and Wesleyan Drive, and the city line (approximately 0.40 mile). The design shall be prepared in accordance with the Virginia Department of Transportation specifications and standard(s) associated with a four -lane divided urban roadway. 5. Payment. Each party shall fund its respective portion of the design costs for the Roadway Improvements. Norfolk shall transfer funds for design of the Roadway Improvements, plus a fifteen percent (15%) contingency, from its Regional Surface Transportation Program ("RSTP") funds, to Virginia Beach, through the Hampton Roads Planning District Commission ("HRPDC"), to be used for payment of Norfolk's portion 2 Cost Participation Agreement for Design of Wesleyan Drive Roadway Improvements THIS AGREEMENT is made as of this _ day of , 2007, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Virginia Beach") and the CITY OF NORFOLK, a municipal corporation of the Commonwealth of Virginia ("Norfolk") (individually, "party" and collectively, the "parties"). RECITALS A. Wesleyan Drive is a two lane road that is approximately 0.85 miles long and runs perpendicular to Baker Road in Virginia Beach and Northhampton Boulevard in Norfolk. B. Wesleyan Drive traverses the boarder between Virginia Beach and Norfolk and is located approximately fifty three percent (53%) in Virginia Beach and forty seven percent (47%) in Norfolk. C. The parties have agreed to jointly design and construct certain improvements to the portion of Wesleyan Drive between Baker Road in Virginia Beach and Northhampton Boulevard in Norfolk. D. The parties desire to widen Wesleyan Drive so that it is a four lane road, with two lanes running in the northwest direction towards Norfolk and two lanes running in the southeast direction towards Virginia Beach. E. Specifically, Virginia Beach desires to widen Wesleyan Drive from its existing terminus at Baker Road to the 5900 block of Wesleyan Drive, and Norfolk desires to widen Wesleyan Drive between Northhampton Boulevard and the 6099 block of Wesleyan Drive. F. The simultaneous design and construction of both the Virginia Beach and the Norfolk portion of Wesleyan Drive will result in a significant cost savings to the parties and will minimize public inconvenience and potential damage to public infrastructure. AGREEMENT For and in consideration of the mutual covenants hereinafter set forth, the parties do hereby agree as follows: I. The Roadway Improvements 1. Design. Virginia Beach shall cause to be designed, in accordance with all applicable specifications and standards of the Virginia Department of Transportation, the City of Norfolk, and the City of Virginia Beach, roadway improvements that will result in the widening of the portion of Wesleyan Drive between its existing terminus at 46 WHEREAS, in accordance with the Virginia Department of Transportation 47 construction allocation procedures, it is necessary that Council request VDOT to 48 establish an urban highway project in the City of Virginia Beach. 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA: 52 53 1. That the City Council of the City of Virginia Beach, Virginia, requests the 54 Virginia Department of Transportation to establish an urban system highway project for 55 Wesleyan Drive from Baker Road to the western city limits. 56 57 2. That the Council of the City of Virginia Beach agrees to pay its share of the 58 total cost for preliminary engineering, right-of-way and construction of this project in 59 accordance with Section 33.1-44 of the Code of Virginia, and that if the City of Virginia 60 Beach subsequently elects to cancel this project, the City of Virginia Beach agrees to 61 reimburse the Virginia Department of Transportation for the total amount of the costs 62 expended by the Department through the date the Department is notified of such 63 cancellation. 64 65 3. That the City Manager is hereby authorized to execute on behalf of the City of 66 Virginia Beach all necessary project agreements, including, but not limited to, the Cost 67 Participation Agreement. 68 69 4. That Regional Surface Transportation Program funding of $640,550 from the 70 City of Norfolk and $4,950,000 from VDOT is accepted and appropriated to CIP #2-145, 71 Wesleyan Drive, with estimated revenues increased accordingly, to complete the project 72 design from Baker Road to Northampton Boulevard. 73 74 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: "4" 1('4"n s-U141 anagem t ervices City Attorney's Office CA 10421 R-4 June 1, 2007 1 AN ORDINANCE TO REQUEST THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ESTABLISH A 3 PROJECT FOR IMPROVEMENT OF WESLEYAN DRIVE, 4 TO ACCEPT AND APPROPRIATE $640,550 OF RSTP 5 FUNDS FROM THE CITY OF NORFOLK AND $4,950,000 6 OF RSTP FUNDS FROM THE STATE TO CIP #2-145, 7 WESLEYAN DRIVE, TO COMPLETE THE PROJECT 8 DESIGN, AND TO AUTHORIZE THE CITY MANAGER TO 9 EXECUTE A COST PARTICIPATION AGREEMENT WITH 10 THE CITY OF NORFOLK 11 12 13 WHEREAS, the Wesleyan Drive project (CIP #2-145, VDOT 52148) will provide 14 for design and construction to widen Wesleyan Drive to a four -lane road between Baker 15 Road and Northampton Boulevard; 16 17 WHEREAS, approximately fifty percent (50%) of Wesleyan Drive is located in 18 Virginia Beach and fifty percent (50%) is located in Norfolk; 19 20 WHEREAS, the project is funded primarily with federal Regional Surface 21 Transportation Program (RSTP) funding; 22 23 WHEREAS, project selections are made by the Hampton Roads Planning District 24 Commission (HRPDC) and the federal program funds are administered by the Virginia 25 Department of Transportation (VDOT); 26 27 WHEREAS, RSTP funding is being provided to Virginia Beach for the portion of 28 the project in Virginia Beach and VDOT has approved $4,950,000 of RSTP funding in 29 FY 2008 for this project for Virginia Beach; 30 31 WHEREAS, Norfolk is receiving RSTP funding for the portion of the project in 32 Norfolk; 33 34 WHEREAS, based on current estimates, the project is fully funded; 35 36 WHEREAS, the City of Norfolk has requested that the City of Virginia Beach 37 manage the Norfolk Wesleyan Drive project as part of the Virginia Beach project; 38 39 WHEREAS, the project design for the roadway section within the City of Norfolk 40 will be funded by transferring $640,550 of Norfolk's allocation of RSTP funding to the 41 City of Virginia Beach; 42 43 WHEREAS, Virginia Beach and Norfolk have prepared a Cost Participation 44 Agreement for the design of the Wesleyan Drive project; and 45 project. VDOT will be asked to establish the project for the City of Virginia Beach to manage. The City of Norfolk plans to transfer $640,550 of the HRPDC Transportation Technical Committee funding to the City of Virginia Beach. This will enable the City of Virginia Beach to hire one consultant to complete the design of the Wesleyan Drive improvements from Baker Road to Northampton Boulevard. ■ Public Information: Public information will be provided through the normal process of advertising the Council's agenda. ■ Alternatives: Request that VDOT establish an urban system highway project for the section of Wesleyan Drive in Virginia Beach and have the City manage only the section of Wesleyan Drive in Virginia Beach. ■ Recommendations: Adopt ordinance ■ Attachments: Ordinance, Cost Participation Agreement, Summary of Terms and site map Recommended Action: Approval Submitting Depart ent/Agency: Public Works / Engineering PAO City Manager: A/4 jntn e'er -2 . y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Request the Virginia Department of Transportation to Establish a Project for Improvement of Wesleyan Drive, to Accept and Appropriate $640,550 of RSTP Funds from the City of Norfolk and $4,950,000 of RSTP Funds from the State to CIP #2-145, Wesleyan Drive, to Complete the Project Design, and to Authorize the City Manager to Execute a Cost Participation Agreement with the City of Norfolk MEETING DATE: June 12, 2007 ■ Background: The Wesleyan Drive project (CIP #2-145, VDOT 52148) will provide for design and construction to widen Wesleyan Drive to a four -lane road from Baker Road to Northampton Boulevard. The project is funded primarily with federal Regional Surface Transportation Program (RSTP) funding. Project selections are made by the Hampton Roads Planning District Commission (HRPDC) and the federal program funds are administered by the Virginia Department of Transportation (VDOT). RSTP funding is being provided to Virginia Beach for the portion of the project in Virginia Beach. Norfolk is receiving RSTP funding for the portion of the project in Norfolk. Based on current estimates, the project is fully funded. The City of Norfolk has requested that the City of Virginia Beach manage the entire project from Northampton Boulevard to Baker Road. A Cost Participation Agreement between Virginia Beach and Norfolk has been developed for the design of the project. Construction will be covered under a separate agreement after the right-of-way is acquired and the private utilities are relocated. To fund the project design, the City of Norfolk plans to request that the HRPDC make the Norfolk RSTP funds for design available to the City of Virginia Beach. ■ Considerations: The Ordinance 1) establishes a VDOT Project for the City of Virginia Beach portion of the project (Norfolk has already established a VDOT project for their portion.); 2) allocates the $640,550 of RSTP funds that Norfolk intends to transfer, along with Virginia Beach's FY 2008 RSTP allocation of $4,950,000 for this project; and 3) authorizes the City Manager to execute all necessary project agreements on behalf of Virginia Beach, including the Cost Participation Agreement for Design of Wesleyan Drive Road Improvements with the City of Norfolk. VDOT requires a resolution by City Council to establish a project for improvements to Wesleyan Drive. There is $1,668,000 appropriated to date for the City of Virginia Beach Pf V) = H�V38 VINIOS A i0 ALJ NIOaaON i0 111J Q w m Q J V ne O > z CL> O O Ln V V � Q II N _ W CL J u V ) O w J \1I OF�� pertinent to the site or special conditions attached to the petition pursuant to subsection (h) above satisfactorily offset the negative effects inherent in the area or dimensional deficiency'. Staff finds that this request satisfactorily offsets any negative impact in the immediate area. The current zoning of the parcel does not permit detached single-family dwellings. By -right, the applicant could build 45 townhome-style units, similar to those found within the immediate area. By using the PD -H2 District, it allows for more flexibility in the site design and building type. The applicant proposes 40 detached single-family dwellings for the moderate -income level buyer. The applicant has reduced the density on the site from the permitted 12 units to the acre to 10.78 units to the acre. The proposed homes will be approximately 1,500 square feet in area with a garage and an on-site parking pad for two vehicles. The proposed community will be gated providing not only a sense of security, but also a sense of community. Open space is scattered throughout the site. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, the "GARNETT'S WATCH CONCEPT LAYOUT' ("Concept Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of vehicular circulation, parking, buffering, landscaping, building location, building orientation, and recreational amenities to better foster a sense of community. PROFFER 2: When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to one (1) entrance from North Garnett Point Road. PROFFER 3: When the Property is developed, there will be no more than 40 single-family dwelling units constructed on the Property. PROFFER 4: The architectural design of the residential buildings will be substantially as depicted on the three (3) exhibits entitled "ARCHITECTURAL ELEVATIONS — GARNETT'S WATCH", dated November 15, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). PROFFER 5: The areas depicted on the Concept Plan, which will not be occupied by buildings, including drive aisles, parking areas, setbacks, landscaping features, and fencing are open spaces, which may only be utilized as such. Open Spaces shall be rezoned to P-1 Preservation District prior to Site Plan Approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Average Daily Trips z as defined by three single-family homes Sas defined by 40 single-family homes WATER: This site is connected to City water. There are multiple domestic meters currently serving the site. Analysis of the existing domestic meters is required to ensure future flows can be accommodated. There is a 6 -inch City water main in North Garnett Point Road. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 350 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 -inch City sanitary sewer main at the intersection of North Garnett Point Road and Grand Lake Crescent. SCHOOLS: School Current Enrollment Capacity Generation ' Change 2 Newtown Road 573 520 6 2 Bayside Middle 1,104 1,187 4 1 Ba side High 2,023 1,901 5 1 yeneranon represents the numoer of students that the development will add to the school z "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). A new elementary school is currently under construction adjacent to Newtown Road Elementary that will provide relief to Newtown Road and B. F. Williams elementary schools when it opens during the 2008- 2009 school year. POLICE: The fence should not be installed to create dead space or an alleyway between what fencing may already exist adjacent to this location. If community is to be gated, the applicant will need to put in place procedures that will allow emergency vehicles to enter the neighborhood. As a matter of public safety, sidewalks in the development are recommended. Please show sidewalks on plans during site plan review. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal -is compatible with the adjacent residential neighborhood. Evaluation: The site does not meet the required five -acre minimum lot area for the Planned Unit Development District (PD -H2). However the City Zoning Ordinance states "any petition for which the parcel involved or structure on the parcel does not meet minimum area or dimensional restrictions shall be processed nevertheless, but shall not be approved by council unless it finds that either special circumstances GARNETT AgE LAND USE AND ZONING INFORMATION EXISTING LAND USE: Several single-family homes currently occupy the site. SURROUNDING LAND North: . Garnett Point Condominiums / Conditional A-12 Apartment USE AND ZONING: South: . Adkins Meadows Condominiums / A-12 Apartment East: . Summer Lake Condominiums / Conditional A-12 Apartment West: . Garnett Point Road • Across Garnett Point Road is Grand Lake Town homes / A-12 Apartment NATURAL RESOURCE AND The site is grassed with several mature trees. It is located within the CULTURAL FEATURES: Resource Management Area of the Chesapeake Bay Preservation Area. There are no significant natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): North Garnett Point Road in front of this request is a two-lane undivided local street. There are no Capital Improvement Projects are slated for this area. Right-of-way improvements along North Garnett Point Road will be required. This includes pavement widening and curb & gutter to bring the ultimate roadway width to 30 feet, measured from face of curb to face of curb, and streetlight improvements. The right-of-way dedication will be assessed at the time of Site Plan review. There must be enough dedication in order to provide the necessary right-of-way improvements. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic North Garnett N/A ADT N/A ADT Existing Land Use — 30 Point Road ADT Proposed Land Use 3- 404 ADT GARNETT POINT ROAD, L.L.C. Agenda Item 15 May 9, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: Change of Zoning District Classification from A-12 Apartment District to Conditional A-12 Apartment District and P-1 Preservation District with a PD -H2 Planned Unit District Overlay. MI&ITrIffig :.��. (31 too- I � • � � -' '�rlLlCtn .� � . � ADDRESS / DESCRIPTION: Property located 416 through 516 Garnett Point Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 1467688397; 1467780500; 2 - KEMPSVILLE 3.71 Acres 1467780653 The applicant proposes to rezone the existing A-12 Apartment SUMMARY OF REQUEST District to Conditional A-12 Apartment District with a PD -1-12 Planned Unit District Overlay in order to create a single-family development that the applicant intends to price for families and individuals with a moderate -income level. The applicant is requesting the PD -H2 Overlay District since it allows flexibility in dimensional requirements and dwelling type (single-family condominiums) that cannot be achieved with any other zoning category. With the existing zoning, the applicant could develop the site with 40 45 multiple -family dwellings similar in design and layout as those existing in Grand Lake Crescent across the street. The applicant is proposing 40 single-family dwelling units on the site. This equates to 10.78 units per acre. The minimum open -space required is 24,241 square feet. The applicant is providing 29,185 square feet of open space. The proposed setbacks will be an 18 -foot front yard, eight -feet between units, and 10 -feet to 20 -feet rear yard along the perimeter of the site. Fencing is depicted along the perimeter of the site with a gated entry. Proposed streets will be 26 - feet in width. The proposed homes are a coastal cottage design and average 1,500 to 1,600 square feet. The proposed homes include a garage and an 18 -foot by 18 -foot parking pad. Garnett Point Road, L.L.C. Page 2of2 Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department, City Manager: K—��/ 12 E9�1• v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Garnett Point Road, L.L.C. for a Change of Zoning District Classification from A-12 Apartment District to Conditional A-12 Apartment District with a PD -1-12 Planned Unit Development District Overlay on property located at 416-516 Garnett Point Road (GPINs 1467688397; 1467780500; 1467780653). DISTRICT 2 — KEMPSVILLE MEETING DATE: June 12, 2007 ■ Background: The site currently consists of three (3) large parcels occupied by single-family residential dwellings. The site is zoned A-12 Apartment, and the applicant proposes to rezone the site to the same category but as Conditional Change of Zoning with a PD -H2 Planned Unit District Overlay. ■ Considerations: The applicant is requesting the PD -1-12 Overlay District since it allows flexibility in dimensional requirements and dwelling type (single-family condominiums) that cannot be achieved with any other zoning category. With the existing zoning, the applicant could develop the site with 45 multi -family, townhouse -style dwellings, similar in design and layout as those existing in Grand Lake Crescent across the street. The applicant is proposing 40 single-family dwelling units on the site. This equates to 10.78 units per acre. The proposed homes are a coastal cottage design and average 1,500 to 1,600 square feet. The proposed homes include a garage and an 18 -foot by 18 -foot parking pad. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood. The Planning Commission placed this item on the consent agenda because the proposed rezoning results in a higher -quality dwelling type and site layout than what can be built by -right, the proposal will provide moderately priced single- family dwelling units, and there was no opposition. ■ Recommendations: The Planning Commission passed a approve this request, as proffered. ■ Attachments: Staff Review Disclosure Statement motion by a recorded vote of 10-0 to ►sa. ..a►wadi - w�^," � �/ 7 ori' ■r'���:.�� - �."i�� �e���i�''� Prums �ti/E1G%tiii�iE I LWE �': s�sryl� _ '�j ■ w!. •. s._-. Y,� I. _ m„`�7 � i�_i iia ii� �►i” � /�1� iii .� � iii is�a2{i Conditional Zoning Change: from A-12 to PD -H2 (A-12) Dorothy Wood: Thank you sir. AYE 9 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE NAY 0 ABS 1 ASSENT 1 ABS ABSENT Ed Weeden: By a vote of 9-0, with the abstention so noted, the Board has -approved Item #41 for consent. William Din: Thank you Mr. Weeden. Dorothy Wood: Thank you. Item #41 M & M Construction, Inc. Modification of Conditions 533 South Lynnhaven Road District 3 Rose Hall December 14, 2005 CONSENT William Din: My last item is Item #41. This is M & M Contractors, Inc. This is an application for a Modification of Conditions for a Conditional Use Permit that was previously approved by the City Council on February 26, 2002. The property is located at 533 South Lynnhaven Road in the Rose Hall District and there are two conditions there. Michael Goldmeier: Hi. Michael Goldmeier, President of M&M Contractors and also part owner of Wyoming Associates, the owners of the mini -storage and we accept all the conditions. William Din: Thank you. Michael Goldmeier: Thank you and thank the staff for their help. William Din: Thank you. Dorothy Wood: Thank you for doing the work on the building. William Din: Is there any objection to placing this item on the consent agenda? If not, Mr. Barry Knight will explain this item. Barry Knight: Yes. This is an agenda item that has come before us before. We requested the contractors and the owners and the applicant to meet a preexisting condition that was put on the original Conditional Use Permit, which is put up a brick facade and paint and some earth tones on the building. They have since done that so now we're placing this on the consent agenda and recommend that it be approved. William Din: Thank you Barry. I'd like to make a motion to approve the following consent agenda item. Item #41 is M&M Contractors, Inc. This is a request to modify conditions on a Conditional Use Permit previously approved by City Council. This is on property located on 533 South Lynnhaven Road in the Rose Hall District with two conditions. Donald Horsley: I'll second it. Dorothy Wood: A motion by Mr. Din and a second by Mr. Horsley. Mr. Miller. Robert Miller: I need to abstain from Item #41. My firm is working on that project. G Z tL 00 2 73 IF, 01— oz t Cl ri ZI G Z tL M & M CONTRACTORS Agenda Item # 41 Page 12 00 ri M & M CONTRACTORS Agenda Item # 41 Page 12 1 FA 3 4 5 6 7 Map No M&M Contractors, Inc of Conditions 2/26/02 Modification of Conditions Granted 7/3/01 Conditional Use Permit (self -storage Granted facility) 11/24/98 Conditional Use Permit (residential Denied kennel) 8/11/98 Subdivision Variance Granted 2/1/88 Conditional Use Permit (fuel pumps) Denied 1/23/83 Conditional Use Permit (recreational Withdrawn facility of an outdoor nature) 8/8/83 Change of Zoning (B-2 to 1-1) Withdrawn 8/88/83 Change of Zoning (1-1 to B-2) Withdrawn M & M CONTRACTORS Agenda Item # 41 Page 11 0 Z Z N z O Q w J w 0 z 0 m M & M CONTRACTORS Agenda Item # 41 Page 10 Bayscape Buffer Planting: -Winged Euonymus -Parsons juniper -Uriope -Mulched Bed w N A -A 3\ - Foundation Landscaping:—` -Camelia Decorative Fence, Ty ,x_ Existing Trees To Be—.,-" Removed (3) Replacement Trees(3): Buffer Restoration Planting:---" -Groundcover -Herbaceous Plants -Shrubs -Mulched Bed Existing Trees to Remain, Typ. M & M CONTRACTORS Agenda Item #-41 Page 9 M & M CONTRACTORS Agenda Item # 41 Page 8 \ Vi ix LLJ r " W '' nn V d LU t It i i t W co S ` r J viF ral fj Yy :£ m l M & M CONTRACTORS Agenda Item # 41 Page 8 M & M CONTRACTORS Agenda Item # 41 Page 7 F- D O J W F- J a w a NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. M & M CONTRACTORS Agenda Item # 41 Page 6 to ensure that the architectural design and materials would be of high quality as the visual impact of this operation would be great. The architectural design, site layout and building materials combined with the exceptional landscape plan were deemed to overcome any negative visual impact that a facility of this type could cause. Upon completion of negotiations with the applicant's architect and landscape architect and engineer, Staff felt confident that the proposal would be superior. Unfortunately, at some point during the construction phase, the primary exterior building material of the fagade was substituted with a blue cementious masonry unit (CMU) block for what was supposed to be a neutral color brick that would match the existing elementary school adjacent to this site. The Zoning Inspector notified the property owner of the discrepancy and attempted to resolve the issue; however, the owner indicated that he was unaware of such a requirement. Since that time, Staff has worked with the applicant and a solution has been found. The applicant is proposing and has almost completed the retrofit of adding fiber cement panels to the facade where brick was originally proposed. These panels resemble brick and have been installed over the concrete masonry units. It is Staff's opinion that this is an acceptable resolution and recommends approving the request. The applicant has agreed to retrofit the facades visible from South Lynnhaven Road. As stated above, the status of this work will be reported to the Commission at the December meeting. Listed below are recommended conditions of approval for the Modification of the Use Permit for the alteration of Condition 1, allowing the expansion of the facility. CONDITIONS 1. All conditions of the Conditional Use Permit granted by the City Council on July 3, 2001, with the exception of Condition Number 1, and all conditions of the Modification of Conditions granted by the City Council on February 22, 2002, shall remain in affect. Condition Number 1 of the July 3, 2001, Conditional Use Permit is deleted and replaced with the following: When the property is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Site Layout and Landscape Plan of Wyoming Mini Storage, South Lynnhaven Road, Virginia Beach, VA," prepared by MSA, Inc., dated 9-7-04. 2. The architectural design elements and exterior building materials shall be substantially in conformance with those depicted on the elevation entitled "Proposed Detail Elevations, Morton Realty Property, Self Storage Facility, " prepared by Sampson and Associates Architects, P.C., dated November 21, 2001, with one exception: the use of Nichiha fiber cement Brestone — Forest Brown shall be substituted in lieu of the previously required brick on the block facade facing South Lynnhaven Road and any other block fagade facing South Lynnhaven Road. M & M CONTRACTORS Agenda Item # 41 Page 5 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Lynnhaven Road is a four (4) lane urban arterial. No improvements are proposed within the City's MTP for this roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South Lynnhaven 21,160 ADT 14,800 ADT (Level of Existing Land Use — Road Service "C") — 22,800 ADT 141 ADT (Level of Service "D") Proposed Land Use 3- 151 Average uany i rips 2 as defined by 56,300 sf of mini warehouse 3 as defined by 60,500 sf of mini warehouse WATER & SEWER: This site is connected to City water but no City sanitary sewer is available. This site is located in a Primary Residential Area. The COMPREHENSIVE PLAN Comprehensive Plan Policy document reinforces the suburban characteristics of commercial centers and other non-residential areas for this area. The Plan stated that: "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 (page 91)." EVALUATION AND RECOMMENDATION Staff recommends approval of this request for an expansion to the existing mini -storage facility and for the modification of the approved facade facing South Lynnhaven Road. At the November Planning Commission meeting, the Planning Commission advised the applicant that the proposal for the expansion of the facility would not be considered until the retrofit is completed. There was concern of how the corners would be trimmed out. A solution, acceptable to Staff, was found after meeting with the applicant on site. The corners will be trimmed with a prefinished metal trim piece. The applicant, at the time of printing, was approximately 90 percent complete with this retrofit. A report of the status of the completion of the work, as directed by the Planning Commission, will be provided at the December 14, 2005 meeting, along with slides and photos of the work. During the original review of this Use Permit in 2001, Staff was reluctant to recommend favorably for the mini -storage facility, as the use did not appear consistent with the recommendations of the Comprehensive Plan. However, the configuration of the property and the presence of environmental features contributed to the difficulty the landowner had in marketing this site for an office or retail operation. Understanding the owner's dilemma, Staff worked diligently with the applicant's representative M & M CONTRACTORS Agenda Item # 41 Page 4 16. The units shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, or any other purpose not consistent with the storage of goods. No public assembly or continuous occupancy of the units shall be permitted. The Modified Conditional Use Permit approved in 2002 has the following conditions: 1. All conditions with the exception of Number 2 and Number 13 attached to the Conditional Use Permit granted by the City Council on July 3, 2001 remain in affect. 2. Condition Number 2 of the July 3, 2001 Conditional Use Permit is deleted and replaced with the following: The architectural design elements and exterior building materials shall be substantially in conformance with those depicted on the elevation entitled "Proposed Detail Elevations, Morton Realty Property, Self Storage Facility, " prepared by Sampson and Associates Architects, P.C., dated November 21, 2001. 3. Condition Number 13 of the July 3, 2001 Conditional Use Permit is deleted and replaced with the following: An office manager shall be on-site during all hours of operation when the site is accessible for customer use. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Mini -storage facility. SURROUNDING LAND North: . Vacant parcel / B-2 Community Business District USE AND ZONING: South: . Brookwood Elementary School / B-2 Community Business District East: 0 South Lynnhaven Road, office / B-2 Community Business District, 1-1 Light Industrial District West: 0 Single-family homes / R-7.5 Residential District NATURAL RESOURCE AND This property is located within the Chesapeake Bay watershed and CULTURAL FEATURES: portions are within the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area. The original proposal did displace approximately 0.17 acres of nontidal wetlands. The applicant worked with the United States Army Corps of Engineers prior to land disturbance associated with the existing mini storage facility. AICUZ: The site is in an AICUZ of greater than 75 dB Ldn surrounding NAS Oceana. M & M CONTRACTORS Agenda Item # 41 Page 3 by MSA, Inc., dated 5-10-01. 2. The architectural design elements and exterior building materials shall be substantially in conformance with those depicted on the elevation entitled "Proposed Street Elevation, Morton Realty Property, Self Storage Facility, " prepared by Sampson and Associates Architects, P.C., dated 5-21-01. 3. The foundation landscaping for the units with frontage along South Lynnhaven Road shall be installed as Category I as described in the City of Virginia Beach Landscape Screening and Buffering Specifications and Standards manual. An undulating 10 foot wide landscape area shall also be installed along South Lynnhaven Road from the southeast property line to the proposed entrance. A mix of trees and shrubs shall be installed within this area and may be grouped or massed to provide visual interest as well as additional screening along the street frontage. 4. Any freestanding sign shall be monument style with a brick base that matches the brick depicted on building elevation. Such sign shall not exceed a height of eight (8) feet and shall be externally lit from ground level. There shall be no business identification signage on the walls or roof of the building. 5. All exterior lighting shall be low intensity and residential in character and shall not be erected any higher than fourteen (14) feet. According to Section 237 of the City Zoning Ordinance, all outdoor lighting shall be shielded to direct light and glare onto the mini warehouse facility. Said lighting and glare shall be deflected, shaded and focused away from all adjoining properties. 6. The entrance into the facility shall align with the existing Sabre Street extension located on the east side of South Lynnhaven Road. 7. No land disturbance shall occur within the 100 foot Resource Protection Area buffer. 8. No building permit shall be issued without evidence of permission from the United States Army Corps of Engineers to impact the non -tidal wetlands depicted on the concept plan. 9. No building permit to construct this mini warehouse facility shall be issued until the billboard identified on the conceptual plan is removed in its entirety. 10. All fencing visible from either a public right-of-way or from the adjacent single-family subdivision to the west shall be wrought iron -style. No barbed wire, razor wire or any other fencing devices shall be installed on the roof or walls of the building or on the fence on the property. 11. No storage of flammable or hazardous materials shall be stored in any unit. 12. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 13. There shall be an on-site resident manager at all times, 24 hours a day. 14. Drive aisles shall be at least 18 feet wide to accommodate emergency apparatus. 15. No on-site business shall be conducted such as automobile repair or storage, cabinet shops or similar types of hazardous operations. M & M CONTRACTORS Agenda Item # 41 Page 2 M&M CONTRACTORS, INC. Agenda Item #41 December 14, 2005 Public Hearing Staff Planner: Carolyn A.K. Smith MFM Contractors Inc. j 1. ♦�J 5 B 2tG B-2 REQUEST: Modification of the Conditional Use Permit approved by the City Council on February 26, 2002 for a mini storage facility. ADDRESS / DESCRIPTION: Property located at 533 South Lynnhaven Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14962713680000 3 — ROSE HALL 5.08 acres SUMMARY OF REQUEST The applicant's request for a Modification to the Conditional Use Permit, as submitted for consideration in September, is twofold: (1) Condition 2 of the 2002 approval ties down the architectural elevations; however, during construction of the structures, building materials different from those required were used. Thus, the applicant is requesting that a change to the original architectural elevations be considered. (2) Condition 1 of the 2001 approval dictates the layout of the facility. The applicant proposes to add approximately 4,225 square feet of additional storage space, necessitating a change in Condition 1. The Conditional Use Permit permitting a mini -storage facility was approved by the City Council originally on July 3, 2001 and then modified by City Council on February 26, 2002. The modification approved in 2002 removed the condition regarding the hours of operation and the requirement for a full-time resident manager. The 2002 conditions include the alteration of the architectural design of the office due to the elimination of the manager's apartment (from a two-story to a one-story building). The Conditional Use Permit oermittinq the self -storage facility was approved by the City Council on July 3 2001 with 16 conditions: 1. When the property is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Site Layout Plan of Morton Realty Property Self -Storage Facility," prepared M & M CONTRACTORS Agenda Item # 41 Page 1 M&M Contractors, Inc. Page 2 of 2 shown on the exhibit entitled, "Conceptual Site Layout and Landscape Plan of Wyoming Mini Storage, South Lynnhaven Road, Virginia Beach, VA," prepared by MSA, Inc., dated 9-7-04. 2. The architectural design elements and exterior building materials shall be substantially in conformance with those depicted on the elevation entitled "Proposed Detail Elevations, Morton Realty Property, Self Storage Facility," prepared by Sampson and Associates Architects, P.C., dated November 21, 2001, with one exception: the use of Nichiha fiber cement Brestone — Forest Brown shall be substituted in lieu of the previously required brick on the block fagade facing South Lynnhaven Road and any other block fagade visible from South Lynnhaven Road. ■ 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: 116-4 e &&1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of M&M Contractors, Inc. for a Modification of Conditions for a Conditional Use Permit approved by the City Council on February 26, 2002. Property is located at 533 South Lynnhaven Road (GPIN 14962713680000). DISTRICT 3 — ROSE HALL. MEETING DATE: June 12, 2007 ■ Background: On January 31, 2006 and on January 23, 2007, the City Council indefinitely deferred this request to allow the applicant an opportunity to address the exterior elevation of the existing mini -warehouse units, which did not, at that time, meet the conditions of the 2002 Use Permit. Since that time, staff has worked with the applicant to rectify this issue. The applicant has made changes to the exterior of the existing units to bring them into compliance with the conditions of the Use Permit. Thus, the applicant requested that this Modification of Conditions application be returned to the City Council for their consideration. ■ Considerations: The applicant is requesting a Modification to the Conditional Use Permit for a mini -warehouse facility, as approved on July 3, 2001 and as modified on February 26, 2002. The request is to allow an additional 4,225 square feet of additional storage space to the north of the existing facility. The construction of the addition necessitates a change in Condition 1 of the original Use Permit, as it tied the Use Permit to a site plan that did not show such an addition. The Planning Commission placed this item on the consent agenda because the applicant has worked with staff to resolve outstanding issues over the fagade of the building, they found the expansion to be appropriate for this location, and staff recommended favorably. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 with abstention to approve this request with the following conditions: All conditions of the Conditional Use Permit granted by the City Council on July 3, 2001, with the exception of Condition Number 1, and all conditions of the Modification of Conditions granted by the City Council on February 22, 2002, shall remain in affect. Condition Number 1 of the July 3, 2001, Conditional Use Permit is deleted and replaced with the following: When the property is developed, it shall be developed substantially as MaoIYNo� oScale 1VtfJ"lYl Uuntruc tu/J arm. 10 17 46 vV 0 00 6 20 � u o 225 7. cG 22 / _� % - 2 211 BROO 1 �, -1�a3 ELEMfN?A SCHOOL � ll rJnrlification of Conditions -41 - Item V -K.1. PLANNING ITEM # 49347 F Michael Perry, Planner, represented the applicant and advised the buffer has been satisfactorily addressed Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council MODIFIED, AS CONDITIONED, the July 3, 2001, approved Conditional Use Permit for a mini-warehouse/self-storaee in behalf of M & M CONTRACTORS, INC.: Ordinance upon Application ofM & M Contractors, Inc , for a modification ofconditions placed on the Conditional Use Permit formini-warehouselself- storage facility on July 3, 2001 Property is located on the west side of South Lynnhaven Road, 400 feet more or less south of Lee Highlands Boulevard (GPIN #1496-17-1368) DISTRICT 3 -ROSE HALL The following conditions shall be required I All conditions with the exception of Number 2 and Number 13 attached to the Conditional Use Permit granted by the City Council on July 3, 1001 remain in affect 1 Condition Number 2 of the July 3, 2001 Conditional Use Permit is deleted and replaced with the following The architectural design elements and exterior building materials shall be substantially in conformance with those depicted on the elevation entitled "Proposed Detail Elevations, Morton Realty Property, Self Storage Facility, " prepared by Sampson and Associates Architects, P C, dated November 11, 2001 3 An office manager shall be on-site during flexible hours of operation with the site accessible for customer use Voting 11-0 Council Members Voting Aye Linwood O Branch, III, Margaret L Eure, William W Harrison, Jr, Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr. Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent None February 26 2002 NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive. Tuesday, June 12, 2007, at 6:00 p.m. The following applications will be heard: DISTRICT 3 - ROSE HALL M&M Contractors, Inc. Application: Modification of Conditions for a Conditional Use Permit, approved by City Council on February 26, 2002, a 533 South Lynnhaven Road (GPIN 14962713680000). South Hampton Roads Habitat for Humanity, Inc. Application: Change of Zoning District Classification from R-7.5 Residential to Conditional A-12 Apartment at Zurich Arch, south of 1-264 (GPIN 1487939540) Comprehensive Plan - Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of this rezoning is to develop residential dwellings. AICUZ is 65 to 70 dB Ldn. DISTRICT 5 - LYNNHAVEN DTG Operations, Inc. Application: Conditional Use Permit for motor vehicle rentals at 3750 Virginia Beach Boulevard, Suite 1 (GPIN 1487444873). AICUZ is Less than 65 dB Ldn. DISTRICT 2 - KEMPSVILLE Dark Age Enterprises, L.L.C. Application: Conditional Use Permit for a car; wash at 590 Baker Road (GPIN 1468302759). AICUZ is Less than 65 dB Ldn. Garnett Point Road, L.L.C. Application: Change of Zoning District Classification from A-12 Apartment to Conditional A-12 Apartment with a, PD -H2 Planned Unit Development Overlay at 416-516 Garnett Point Road (GPINs 1467688397; 1467780500; 1467780653). AICUZ is Less than 65 dB Ldn. The Comprehensive Plan identifies this site as being within the Primary Residential Area. The purpose of this rezoning is to develop single-family condominium dwellings. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at http://www.vbgov.com/ua For information call 385-4621. if you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon May 27 & June 3, 2007 17032521 J. PLANNING 1. Application of M&M CONTRACTORS, INC. for a Modification of Condition No. 1 on a Conditional Use Permit (approved by City Council on July 3, 2001, amended and approved February 26, 2002, and indefinitely deferred January 31, 2006) at 533 South Lynnhaven Road re additional storage space. DISTRICT 3 — ROSE HALL DEFERRED JANUARY 23 AND 31, 2007 RECOMMENDATION APPROVAL 2. Application of GARNETT POINT ROAD, L.L.C. for a Change of Zoning District Classification from A-12 Apartment District to Conditional A-12 Apartment District with a PD -H2 Planned Unit Development District Overlay at 416-516 Garnett Point re the construction of forty (40) single-family dwellings. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of SOUTH INDEPENDENCE ACQUISITION, L.L.C., for a Chan e o Zoning District Classification from R-51) and R-10 Residential Districts to Conditional A-36 Apartment District, Conditional B-4 Mixed Use District and Conditional A-12 Apartment District with a PD -H2 Overlay at South Independence Boulevard, Princess Anne Road and 1632 Salem Road, "Spence Farm," re 103 single-family dwellings, 347 townhomes, and 230 twin townhomes and Senior Housing. DISTRICT 1 — CENTERVILLE and DISTRICT 7 — PRINCESS ANNE DEFERRED MAY 22, 2007 RECOMMENDATION DEFERRAL TO JUNE 26, 2007 4. Application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. for a Change of Zoning District Classification from R-7.5 Residential District to Conditional A-12 Apartment District on the east side of Zurich Arch re the construction of a ten (10) unit residential condominium. DISTRICT 3 — ROSE HALL STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 5. Application of DTG OPERATIONS, INC. for a Conditional Use Permit at 3750 Virginia Beach Boulevard, Suite 1, re motor vehicle rentals within an existing shopping center. DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 6. Application of DARK AGE ENTERPRISES, L.L.C. for a Conditional Use Permit at 590 Baker Road re a car wash. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 6: 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 proffers insure the project will be developed in a coordinated manner in terms of vehicular circulation and parking, landscaping, building design and location, and open space areas. The City Attorney's Office has reviewed the proffer agreement dated November 25, 2006, 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. A k � A PROPOSED BUILDING ELEVATION. e.. IV o. 2" -7 I -j ;2 ;141 :L*14-14 al :I PI 111 Wmlej����v � 1. 1/26/99 Rezoning (R-7.5 Residential and A-12 Apartment to Approved Conditional A-12 Apartment) 6/2/92 Conditional Use Permit (Recreational Facility) Denied 2/27/89 Conditional Use Permit Fill Borrow Pit Withdrawn 2. 3/28/95 Conditional Use Permit Landfill Denied 3. 8/28/90 Rezoning R-7.5 Residential to Conditional A-12 Apartment) Approved 4. 9/28/99 Street Closure Approved 2/9/99 Rezoning (R-7.5 Residential to A-12 Apartment with a PD- Approved H2 Planned Unit Overlay) 5. 10/14/68 Rezoning to R -M Multiple -Family Approved 1R e a w ' a 1 - �. F c IB a solid S4 i is C r1 � may.: r. s v C �' a1 ^� O m S � J �' 5G^ >! ala ¢ + Y. incc 111-14140f 111 a� �, ° H! 'di iwt"^t � u HE! u kiz ° 3saws' c " rx ! ami Oucvevo r� i°« e,�mc a Its 9 µ . 3 a � m �•.� Qrt9 +� u dote -7a13 3 q 113 C1 5A C 12.01491H 4 fits LCr 4.H 1 M M.'mow Aw`i H11 Q 7D � M 4 N -., p I 'sj a r_ w ty 3 1 1. w 3 u 71:. Wit D 'q a9 3 � y. CT 4k u mca d9 =The .�' ��'a> 9 a W d � C= 1 C�Qss& A,%Zzy x cti � 1R e a w ' a 1 n Him saga cat tll E 'f.P K' Y. H! 'di iwt"^t C u kiz ° 3saws' 11 m al Its 9 µ _ I �1 (1) 1 11k)"11 I ro ft =I __ I Z COM-. t 4 RE4 - I It *1 1 �1 to) P -10 i 01 11 aiG C 15 CD LU a� crs W 'yct 1 n .z a m l � � a a 0 (r g t! H � 'yct Item # 15 Garnett Point Road, L.L.C. Change of Zoning District Classification 416-516 Garnett Point Road District 2 Kempsville May 9, 2007 CONSENT Janice Anderson: The last matter on the consent agenda this afternoon is agenda item 15. That is the application of Garnett Point Road, L.L.C. That is a Change of Zoning District from A-12 Apartment District to Conditional A-12 Apartment and P-1 Preservation and PD -H2 Overlay. This is on property located at 416-516 Garnett Point Road in the Kempsville District. Eddie Bourdon: Ms. Anderson, for the record, Eddie Bourdon, a Virginia Beach attorney representing the applicants. We appreciate being on the consent agenda, and appreciate all the efforts of city staff in working with us. We're actually reducing the density on this property to get a better product. Thank you very much. Janice Anderson: Thank you Mr. Bourdon. Is there any opposition to this matter being placed on the consent agenda? Seeing none. The Chairman has asked Henry Livas to review this application for us. Henry Livas: As previously stated, the request is for a Change of Zoning District Classification from A-12 Apartment District to Conditional A-12 Apartment District with a PD -112 Planned Unit District Overlay. The applicant intends to price the development for families and individuals with a moderate income level. The applicant is proposing 40 single-family dwelling units on the site, and this equates to 10.78 units per acre. The proposed homes are a coastal cottage design and average 1,500 to 1,600 square feet. The proposed homes also include a garage, and an 18 -foot by 18 -foot parking pad. Therefore, we recommend approval of this Change in Zoning District Classification. Janice Anderson: Thank you Henry. Mr. Chairman, I make a motion for the consent of agenda item 15. Barry Knight: There is a motion on the table to approve the consent agenda item. The motion made by Jan Anderson and seconded by Dot Wood. Is there any discussion? I'll call for the question. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE Item # 15 Garnett Point Road, L.L.C. Page 2 CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE ABSENT Ed Weeden: By a vote by 10-0, the Board has approved item 15 for consent. Barry Knight: Thank you. In Reply Refer To Our File No. DF -6637 TO: Leslie L. Lilley FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: May 29, 2007 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Garnett Point Road, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on June 12, 2007. 1 have reviewed the subject proffer agreement, dated February 27, 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 PREPARED BY: 00 SYKES. BflURDOC, Uf ,4 ERN &LEVY. P.C. GARNETT POINT ROAD, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 27th day of February, 2007, by and between GARNETT POINT ROAD, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of three (3) contiguous parcels of property located in the Kempsville District of the City of Virginia Beach, containing approximately 3.71 acres which are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are herein collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from A-12 Apartment District to Conditional A-12 (PD -H2) Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and, GPIN: 1467-68-8397 1467-78-0500 1467-78-0653 1 PREPARED 9Y: Mil AIIER-' & LT17 P.C. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-12 (PD -H2) Apartment Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed as a residential condominium, the "GARNETT'S WATCH CONCEPT LAYOUT", dated February 26, 2007, prepared by Kimley-Horn and Associates, Inc. ("Concept Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of vehicular circulation, parking, buffering, landscaping, building location, building orientation, and recreational amenities to better foster a sense of community. 2. When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to one (1) entrance from North Garnett Point Road. 3. When the Property is developed, there will be no more than forty (40) single family condominium dwelling units utilizing the setbacks and land use plan designated and depicted on the Concept Plan. 2 PREPARED BY: MM SMS. POURDON. AiIERN & LtVY, P.C. 4. The architectural design of the residential buildings will be substantially as depicted on the three (3) exhibits entitled "ARCHITECTURAL ELEVATIONS — GARNETT'S WATCH"", dated November 15, 2oo6, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). 5. The areas depicted on the Concept Plan which will not be occupied by buildings, including drive aisles, parking areas, setbacks, landscaping features, and fencing are open spaces which may only be utilized as such. Open Spaces shall be rezoned to P-1 Preservation District prior to Site Plan Approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). 6. 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. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The 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 3 PREPARED BY: M SYK£S. BOURDON, M Au£RN & i.£VY. P.C. Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 11 WITNESS the following signature and seal: Grantor: Garnett Point Road, L.L.C., a Virginia limited liability company �., By: SEAL) Steven Bishard, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 28th day of February, 2007, by Steven Bishard, Managing Member of Garnett Point Road, L.L.C., a Virginia limited liability company, Grantor. My Commission Expires: August 31, 2010 PREPARED BY: WI:WIR SYK£S. POURDON'. dig ARERN & LF.irY. R.C. 5 Notary Public PREPARED BY: OM SYKES. BOURDOI'. d� fIER0& IDrY. P.C. EXHIBIT 'W' PARCEL I: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances belonging, lying, situate and being in the City of Virginia Beach, Virginia and known, numbered and designated as the western one-half of Section "F" as shown on the plat of property of Minnie L. Woodward, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 22, at Page 71, and with reference to said plat being more particularly bounded and described as follows, to -wit: BEGINNING at a pin marking the northeast corner of the property herein conveyed, which pin is also set in the dividing line between Sections "F" and "G" and is 239.20 feet as measured along a course N. 56° 45' W. from a pin set at the northeast corner of Section "F", all as shown on the aforesaid plat of Minnie L. Woodward, and from said point of beginning running thence N. 56° 45'W. 252 feet to a point set in the eastern line of North Garnett Point Road; thence turning and running on a course S. 16° 12' W. along the eastern line of North Garnett Point Road a distance of 175.70 feet to a point; thence turning and running on a course S. 560 45' E. a distance of 252 feet to a pin set at the southeast corner of the property hereby conveyed; thence turning and running on a course N. 16° 12' E. a distance of 175.70 feet to the point of beginning. LESS AND EXCEPT that certain strip of land 10 feet in width dedicated to the City of Virginia Beach for Road purposes as shown on plat recorded in Map Book 55, Page 41. GPIN: 1467-68-8397 PARCEL II: ALL THAT certain lot, piece or parcel of land, lying and being in Kempsville District, City of Virginia Beach, formerly Princess Anne County, Virginia, designated as Section "G" as shown on the plat of property of Minnie L. Woodward, near Davis Corner, Virginia Beach, formerly Princess Anne County, Virginia, made by W. B. Gallup, County Surveyor, bearing date November 25, 1947, and more particularly bounded and described as follows: BEGINNING at a point on the Eastern line dividing the property of Minnie L. Woodward from the property now or formerly belonging to Martin, which point is the dividing line between Sections "F" and "G", as shown on the hereinabove mentioned plat; which said plat is recorded with a certain deed from Minnie L. Woodward to Elvert R. Johnson, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, formerly Princess Anne County, Virginia, and running thence North Fifty -Six Degrees, Forty -Five Minutes (56° 45') West Five Hundred Eleven and Two Tenths (511.2') feet to the Eastern line of a Twenty (2o') Foot right of way; thence North Sixteen Degrees, Twelve Minutes (160 12') East along said line of said right of way One Hundred and Eighty -One (181') Feet to the dividing lines between Sections "G" and "H"; thence South Fifty -Six Degrees, Forty -Five Minutes (56° 45') East Four Hundred Ninety -Seven and one-half (497 1/2) feet to the 0 dividing line of the said Woodward and Marti property; thence South Twelve Degrees, Eight Minutes (12° 8') East One Hundred Eighty -Five (185') Feet to the point of beginning. TOGETHER with a right way the width of Twenty (20') feet running to the Virginia Beach Boulevard, as shown on said plat. LESS AND EXCEPT that portion of land 30 feet in width dedicated to the City of Virginia Beach for road purposes as shown on plat recorded in Map Book 55, Page 41. GPIN: 1467-78-0500 PARCEL III: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia and known, numbered and designated as part of Lot H, as shown on the plat of property of Minnie L. Woodward, located near Davis Corner, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 22, at Page 71, particularly described as follows, to -wit: BEGINNING at a point on the Eastern side of North Garnett Pont Road in the dividing line between Lots H and I, as shown on the above plat; thence South 56 degrees 45 minutes East along the said dividing line between Lots H and I a distance of 455.99 feet to a point; thence South 12 degrees o8 minutes West a distance of 92.82 feet to a point in the dividing line between Lots H and G, as shown on the above plat; thence North 56 degrees 45 minutes West along the said dividing line between Lots H and G a distance of 463.o6 feet to a point in the eastern side of North Garnett Point Road; thence Northerly along the eastern side of said North Garnett Point Road North 16 degrees 18 minutes 40 seconds east a distance of 90.51 feet to the point of beginning; said parcel being shown on Physical Survey of Lot H, *516 North Garnett Point Road, Property of Minnie L. Woodward, Map Book 22, Page 71, for Charles E. Ross, Nedra K. Ross and Stephan Van Wart, dated August 8, 1995, made by Langley & McDonald, P.C. and recorded in Deed Book 3533, at Page 1751. GPIN: 1467-78-0653 ConditionalRezone/GarnettPointRoad/Proffer2.Clean Rev.2/28/07 PREPARED BY: SYICFS, POURDON. WIN A -11E0 & IUVY, P.C. 7 VII 00 100 ME Nq CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of South Independence Acquisition, L.L.C. for a Change of Zoning District Classification from R-51) and R-10 Residential Districts to Conditional A-36 Apartment District, Conditional B-4 Mixed Use District and Conditional A-12 Apartment District with a PD -1-12 Overlay on property located on the southeast and southwest corners of South Independence Boulevard and Princess Anne Road and 1632 Salem Road (GPINs 1485050352; 1485251012; 1475856017). DISTRICT 1 — CENTERVILLE & DISTRICT 7 — PRINCESS ANNE MEETING DATE: June 12, 2007 ■ Background: At the request of the applicant, the City Council deferred this application on May 22, 2007. The applicant is requesting a Conditional Change of Zoning for a 133.8 -acre parcel commonly referred to as the Spence Farm, generally bordered by Princess Anne Road, Lynnhaven Parkway, S. Independence Boulevard, and Salem Road. The site is currently zoned R -5D Residential, as it has been for more than 20 years, allowing a maximum of 803 by -right single-family or duplex dwelling units. ■ Considerations: On the west side of South Independence Boulevard, the proffered plan and accompanying details submitted by the applicant depict 26.3 acres of Conditional B-4 Mixed Use District for retail, hotel and office use and 84.4 acres to Conditional A-12 Apartment District with a PD -H2 Overlay for the development of 103 single-family dwellings, 347 townhomes and 230 twin townhomes. The applicant has proffered that 62 of the townhomes (or roughly 9.1 percent of the dwellings on the west side of South Independence Boulevard) will be set aside for `workforce housing' at prices ranging from approximately $170,000 to $190,000. The remainder of the homes will sell from approximately $200,000 to more than $300,000. The applicant has also proffered that 100 of the units will be age -restricted, requiring that at least one (1) of the occupants be 55 years or older. On the east side of South Independence Boulevard, the applicant proposes to rezone 23.1 acres of R -5D Residential District to Conditional A-36 Apartment District for 400 units of apartments and congregate care (senior housing). A Conditional Use Permit will be required for the senior housing complex; the Use Permit application will be submitted when more details are available. South Independence Acquisition, L.L.C. Page 2 of 2 The attached staff report provides a description of the proposed mixed-use development, a list of the submitted proffers, and a discussion of the impacts on City services and infrastructure. There was opposition to the request at the Planning Commission's hearing on the application. ■ Recommendations: A deferral of this request to the June 26 City Council meeting to allow the applicant sufficient time to further refine the proffers. The applicant has been in discussion with the neighborhoods in the area regarding means to reduce the potential traffic impact of the development on the surrounding roadway system. Additional time is needed to finalize the proffers to reflect that discussion. ■ Attachments: Location Map Recommended Action: Deferral to June 26. Submitting Depa ent/Agency: Planning Department City Manager: Conditional Zoning Chage: from R 7.5 to A-12 13. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance upon Application of South Hampton Roads Habitat for Humanity, Inc. for a Change of Zoning District Classification from R-7.5 Residential District to Conditional A-12 Apartment District on property located on the east side of Zurich Arch, south of 1-264 (GPIN 1487939540). DISTRICT 3 — ROSE HALL MEETING DATE: June 12, 2007 ■ Background: The applicant has received a donation of this parcel for the purpose of creating affordable housing. The applicant proposes to rezone the existing R-7.5 property to A-12 Apartment District for the purpose of constructing a ten (10) unit residential condominium. Habitat for Humanity will provide permanent condominium management for this community. ■ Considerations: The existing R-7.5 site is approximately 3.2 acres, of which 1.82 acres is buildable under the City Zoning Ordinance. The 1.82 acres, under the density of the existing R-7.5 zoning, would yield 6 single-family units. The applicant is requesting 10 units within two multi -family buildings. The density is proposed at 6 units per acre. The site is located in the 65 to 70 dB Ldn AICUZ. The Navy, during their initial review of the application in 2006, advised staff in a letter, dated March 28, 2006 (see end of attached staff report), that under the Navy's OPNAV Instruction for AICUZ, residential use is deemed not compatible in this AICUZ. On February 13, 2007, while this application was under review, the Memorandum of Understanding (MOU) between the City and the United States Navy was agreed upon, and a process was established for evaluation of discretionary development applications within the AICUZ that propose uses designated as not compatible with the AICUZ. As required by the MOU, City staff and Navy representatives (MOU Committee) met on April 26, 2007 to discuss this application. A representative of South Hampton Roads Habitat for Humanity was present to summarize the proposal and answer any questions. Based on the characteristics of the surrounding area, the Comprehensive Plan's guidance for this area and the discussion of the MOU Committee in determining a reasonable density for this site within this AICUZ, the most reasonable number of residential units for this site is six (6). The applicant, however, has South Hampton Roads Habitat for Humanity, Inc. Page 2of2 proposed ten (10) units. Staff, therefore, recommended to the Planning Commission that the applicant reduce the proposed number of dwelling units from ten (10) to six (6). ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends denial. Planning Commission recommends approval. Fr Submitting Department/Agency: Planning Department � City Manager: l71 SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. Agenda Item 14 May 9, 2007 Public Hearing Staff Planner: Karen Prochilo REQUEST: Change of Zoning District Classification from R-7.5 Residential District to Conditional A-12 Apartment District ADDRESS / DESCRIPTION: Property located on Zurich Arch, south of 1-264. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14879395400000 3 — ROSE HALL 3.2 acres SUMMARY OF REQUEST The applicant has received a donation of this parcel for the purpose of creating affordable housing. The applicant proposes to rezone the existing R-7.5 property to A-12 Apartment District for the purpose of constructing a ten (10) unit residential condominium. Habitat for Humanity will provide permanent condominium management for this community. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Across 1-264 is undeveloped property recently approved for a USE AND ZONING: church / 1-1 Industrial District South: . Across Zurich Arch is multi -family residential (townhomes) / A- 12 Apartment District East: 0 Single-family residential / R 7-5 Residential District West: Across Zurich Arch is multi -family residential (townhomes) / A- 12 Apartment District NATURAL RESOURCE AND The majority of the site is treed. A portion of this site is floodway. CULTURAL FEATURES: Residential density credit is not allowed for any areas that are water, marsh wetlands, or the floodway portion of the floodplain. CHESAPEAKE BAY: This proposal lies with in the Resource Management Area. No Chesapeake Bay Board variance required. AICUZ: The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana. Nay's Air Installation Compatible Use Zone (AICUZ) Program provides that residential use is discouraged within the 65 to 70 dB DNL. See letter from the Department of the Navy at the end of this report Additional comments pertaining to AICUZ are provided below in the Evaluation and Recommendation section of the report. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP)• Zurich Arch is a residential street and is not shown on the MTP or CIP. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Zurich Arch 32,869 ADT Zurich Arch is a residential Existing Land Use — street. Traffic Engineering 112 ADT has no traffic volume data Proposed Land Use 3_ onthis local street. 235 ADT Average Daily Trips Zas defined by R 7.5 single-family 3 as defined by A-12 multi -family STORMWATER MANAGEMENT: This is a low area with culvert under 1-264 in the northwest corner of the site. Drainage issues are a concern. WATER: This site must connect to City water. Hydraulic analysis is required to ensure potential water demand can be met. There is a 6 -inch City water line in Zurich Arch. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 504and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 -inch City gravity sanitary sewer main in the 24 -foot alley north of Rainier Court. POLICE DEPARTMENT: The applicant should provide a street lighting plan for review by City staff. It is strongly recommended that all external door strike plates shall be secured with a minimum two and one half (2 �/2) inch screws to improve the integrity and overall strength of door and frame against forcible entry. FIRE DEPARTMENT: No current Fire Department concerns. A complete review will be done during the site plan review process. DEPARTMENT of HOUSING and NEIGHBORHOOD PRESERVATION: Housing and Neighborhood Preservation supports this request that will enable Habitat for Humanity to provide 10 units of affordable housing. DEPARTMENT of PARKS and RECREATION: It is recommended that proposed walkways within the development be connected by standard road crossings to the sidewalk on Zurich Arch or a new shared use pathway be constructed within the north side of Zurich Arch right-of-way to connect to the school park amenities at nearby Lynnhaven Elementary School. These improvements would provide safer pedestrian connectivity for future residents. Parks and Recreation may be able to help coordinate or cost -participate in these improvements. SCHOOLS: School Current Enrollment Capacity Generation' Change 2 L nnhaven Elementary 440 516 2.5 0.7 Plaza Middle 1201 1215 1.4 0.5 Green Run High 1712 1798 1.6 0.1 "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). COMPREHENSIVE PLAN EVALUATION AND RECOMMENDATION Recommendation: Staff cannot recommend approval of this application as currently proposed. As discussed below, staff concludes that the number of units in this development should be reduced by four (4) units. Comprehensive Plan: The Comprehensive Plan recognizes this area as being within the Primary Residential Area. The land use planning policies and principles for this 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, (pp. 89-90). SOUTH HAMPTON The Comprehensive Plan also notes that the City should strive to "Provide an adequate supply of safe, decent, attractive and diverse housing, with a range of values including owner -occupied and rental units, to accommodate the present and future needs of all Virginia Beach residents. Good housing and neighborhoods are also more than a path to economic prosperity. Decent, affordable and stable housing has a demonstrable positive and stabilizing effect on families and, especially, children," (pg. 237). Evaluation: This application was filed over a year ago and was put on hold to handle issues revealed during the review process. The first issue dealt with the Chesapeake Bay Preservation Area. After careful review, the property was determined to be part of the Resource Management Area and the building area is in the highland of the property. Chesapeake Bay staff gave administrative approval for this proposal. The second issue pertained to the location of the site in the 65 to 70 dB Ldn AICUZ. The Navy, during their initial review of the application in 2006, advised staff in a letter, dated March 28, 2006 (see end of report), that under the Navy's OPNAV Instruction for AICUZ, residential use is deemed not compatible in this AICUZ. On February 13, 2007, while this application was under review, the Memorandum of Understanding (MOU) between the City and the United States Navy was agreed upon, and a process was established for evaluation of discretionary development applications within the AICUZ that propose uses designated as not compatible with the AICUZ. As required by the MOU, City staff and Navy representatives (MOU Committee) met on April 26, 2007 to discuss this application. A representative of South Hampton Roads Habitat for Humanity was present to summarize the proposal and answer any questions. The existing R-7.5 site is approximately 3.2 acres, of which 1.82 acres is buildable under the City Zoning Ordinance. The 1.82 acres, under the density of the existing R-7.5 zoning, would yield 6 single-family units. The applicant is requesting a conditional rezoning to A-12 Apartment District to allow for affordable multi -family housing. The applicant is requesting 10 units on the 1.82 acres or roughly 6 units per acre. Staff's concludes, based on the characteristics of the surrounding area, the Comprehensive Plan's guidance for this area, and the discussion of the MOU Committee in determining a reasonable density for this site within this AICUZ, that the most reasonable number of residential units for this site is six (6). The applicant, however, has proposed ten (10) units. Staff, however, can recommend approval of this application only if the applicant reduces the proposed number of dwelling units to six (6). PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, the street, building orientation, and site layout shall be substantially in accordance with the Exhibit entitled "TOPOGRAPHIC SURVEY FOR LYNNHAVEN WOODS" dated June 1, 2005, prepared by SIA, Inc. and Kroskin Design Group, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the property is developed, there will be no more than ten (10) residential condominium units, within two (2) buildings as depicted on the Concept Plan. PROFFER 3: When the Property is developed, the residential structures depicted on the Concept Plan shall have the architectural design and appearance substantially as depicted on the Exhibit entitled "BUILDING FRONT ELEVATION OF LYNNHAVEN WOODS, VIRGINIA BEACH, VIRGINIA FOR HABITAT FOR HUMANITY" dated October 5, 2005 and prepared by Kroskin Design Group which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 4: 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 if the project were to receive a favorable recommendation from the Planning Commission and approval from the City Council. Staff suggested a reduction in the number of units would require a revision to the proffers. The City Attorney's Office has reviewed the proffer agreement dated February 23, 2006, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ,o v kill i 6A a1 I WNW 1 ♦ %. Ma. 1 f { 4 :Au i ,� Ua WS CM .r TONm U:MLLJIWMEB Mr, � t Map H-7 7a Not to Scale E3- , o M. South H Habitat foj i���• sem- ,'.;;� v - G Conditional Roads zity. It, 0-2 ,An R-7.5 jj�cx I � r 1 04/24/07 1 Conditional Rezoning from 1-1 to 0-2 Granted LLI ZONING HISTORY SOUTH HAMPTON ROADS HABITAT Thank you for t_le oppor,,=i,t y to c;orni ent on the:: Condi' . io zai Rezoning =application by South :larpton =goads Habi -at for Hi.i 3ani t� i' Inc. , £ o_ ._ a.e proposed Lrn:.,haven 1,10ods . a '-0 n ci°v'ndom.T,:iur, d.belo'''1?^,?nt . The site :.4a located !, 65.5 . <.tecibei (d3) { Fiy--Kybc au oraC (DIN—Li noise .•::one. Mindful --hat Virginia H .a+_i. dim. rat adopt ..o^ir:g char-ges in thiz. c ontca:>._ �o' o,wi g the .recent joint and U _ St^udy, _ .rust none 4:Ic ess aGi?.3.se ywa than the Navy's Air _ sta- ation UJ :zilb e U -SC. zOnO A c Z) z-,,rogram provides tha... , E�siu n iai use is discouraged wizh-'n the 65 , 7C1 ,rte BIN , . f the city dezermil es that here are no ot^er v . ate'- f,e,.rti' k€1«,.m nt alternative" i reC"yllf;s r with `,.''e Virginia ,miform Stra`_c.a;,le 5uildinq Code. to; noise '.e-. redaction of at least 25 dB or c _eater be incorporated into t: «, dLsLgn and cans rug :. a.s ese rte approval. ReMwasa you will malice .se concerns known to he city staff and r^'T...a esenLe,',:. i::'l eS 'w}.�South iiampto•n Roe.ds-'ialoi t:a-z for :.u7man y y tt1_.. cs ! ere . e L:p' z':c. i C3 all Cnc,e,rrio .,_ ... S proposal ,ov;, air Nava-operations i rva- :A . "S�;miC,. :n Oceaas. .tett k.C.! S ,. and3iSCUS tarry f Cee Of tne: prcpos a:. To,, do so. pleaster contact my ,..omrrtunity Planning :,jaison OEicen Mr, ?ay Firenzf' „ a,' 757; 433-315'. t r Wing Officer Copy to: CY 7F "°'vS7T f 00,''x;428;;, Lnz,_<rD:. : �s� fir, sal=�= "��•? �.vr .. p Li00} +� co lvci- MAR 3 0 5 SOUTH HAMPTON ROADS HABITAT FOR HUMANITY Agenda Item 14 Page' 11 DEPARTMENT OF THE NAVY NAVA-, AIR S-X'1ON CCEEXNA 1P,,0 TOMC .3 40l JAR z 'r''i'.G. NIIIA REACH, VIRG N �£.;.pq 1 5726 Ser P,'lr5 Xarr_fi 28, -'006 PB. Rarer. Proclilo Municipal Center e yam ._re mss, of a -an wng -405 'C «S .Drive, Building 2 ircTinia Beac:S, VA 22456-9'A0 P c Cni o. Thank you for t_le oppor,,=i,t y to c;orni ent on the:: Condi' . io zai Rezoning =application by South :larpton =goads Habi -at for Hi.i 3ani t� i' Inc. , £ o_ ._ a.e proposed Lrn:.,haven 1,10ods . a '-0 n ci°v'ndom.T,:iur, d.belo'''1?^,?nt . The site :.4a located !, 65.5 . <.tecibei (d3) { Fiy--Kybc au oraC (DIN—Li noise .•::one. Mindful --hat Virginia H .a+_i. dim. rat adopt ..o^ir:g char-ges in thiz. c ontca:>._ �o' o,wi g the .recent joint and U _ St^udy, _ .rust none 4:Ic ess aGi?.3.se ywa than the Navy's Air _ sta- ation UJ :zilb e U -SC. zOnO A c Z) z-,,rogram provides tha... , E�siu n iai use is discouraged wizh-'n the 65 , 7C1 ,rte BIN , . f the city dezermil es that here are no ot^er v . ate'- f,e,.rti' k€1«,.m nt alternative" i reC"yllf;s r with `,.''e Virginia ,miform Stra`_c.a;,le 5uildinq Code. to; noise '.e-. redaction of at least 25 dB or c _eater be incorporated into t: «, dLsLgn and cans rug :. a.s ese rte approval. ReMwasa you will malice .se concerns known to he city staff and r^'T...a esenLe,',:. i::'l eS 'w}.�South iiampto•n Roe.ds-'ialoi t:a-z for :.u7man y y tt1_.. cs ! ere . e L:p' z':c. i C3 all Cnc,e,rrio .,_ ... S proposal ,ov;, air Nava-operations i rva- :A . "S�;miC,. :n Oceaas. .tett k.C.! S ,. and3iSCUS tarry f Cee Of tne: prcpos a:. To,, do so. pleaster contact my ,..omrrtunity Planning :,jaison OEicen Mr, ?ay Firenzf' „ a,' 757; 433-315'. t r Wing Officer Copy to: CY 7F "°'vS7T f 00,''x;428;;, Lnz,_<rD:. : �s� fir, sal=�= "��•? �.vr .. p Li00} +� co lvci- MAR 3 0 5 SOUTH HAMPTON ROADS HABITAT FOR HUMANITY Agenda Item 14 Page' 11 z Lu m ul Q F LLI ix D (J) 0 w 51 t - z �. Lu Uj CA w VJ i� Ci 1 1 1 I Off 1 �a=a+ 00 row m N . G t t r ^9 G1 Gr �Q me=0.co' yOG (t� I 1 Nn,.. Tn Lmcr O zn@O^� >tq s I Q`G > mm n W G j_ m; > o ��Z «> m pN�r`woto u `° >nw O G 3 r a,o C E tp �cdmsyc _ - O ,u O tTO �� T04. N. °t C ( a 22 m 9Ni E U 11 O j E@fC0 .fl i fl a m.° WNL G m_ N O ��L' 4 E to L C tl om cG' c...amo`'cmo,afl. C O O R N s _ 0« d 3 t w c uj U dz's ai 0 N Xi "U C? = N fl8 tsb E O dC73N 'Oj i GQN N°%m.�w Oy°jy fo �. y `+` R v t1 sQ� m C B7 O .i7 y O 6Gi Oflfl'FG 9Gflfl BOG E O'--'S� 14 3 H NUa •o wRu-�wmEmo f m � q e'w7 m�� otimwu� c.. CA m t vV2-.t E" i ro maz o o n c VJ � y 3 N n= d » N m 0 aa -z A i I a ry c ':a�N,'n 1 # I aa5 czcoioEtg5vsa.^�°t 1 1 1 I Off 1 �a=a+ row m G t t r ^9 G1 Gr �Q y & fl s I _Z � m L CL o�'Gc r m m ,u _' AM co 3m m c m 0 C «• i i fl a E {p G fl U 5477 7 N R N s _ 0« d 3 t w c uj U dz's ai a 1 1 1 I Off 1 SOUTH HAMPTON ROADS HABITAT 'c a i fl a E lo* p 14 3 H m. N O G E 04 f m � q � t9 CA m t vV2-.t E" i ro maz o o n V� „� �• � y .� G 'v z � m i I a ry p c y S y n tu fl q x r m•o� �2 CSm ` 3 rOrr= 1 1 fl 2= m a� i m im«cr3 z" a y u.n ., i c,,.a CL cl,P O fl G E w k W 00. r^ i ccv tz I m c m a ' mfl W as "o Oa.''u°! r a onLC �r� KZO �m o �m 6Tcc G, CD c7 h 6 y N= L p' *� U cu, m 11J N L* `. o a.w 5F3 i p, Z _y � ! j ytrim SOUTH HAMPTON ROADS HABITAT Board of Directors George "Chip" Slaven Jr., President Irwin Kroskin, R.A., Vice President Kimberly Painter, Treasurer Cathy Lewis, Secretary Dan Bell Michael Benedetto Bett Cornetta Ernest Hefferon James "Ken" Jolly Wendy Juren Greg Lyndon, J.D. John Nogosek George Parker Pat Roll Frederick Schmitt Paul Shelton Phil Stewart Ralph Thomann Matthew Weinstein Christine Work, LPC Steve Zahn, J.D. Item #14 South Hampton Roads Habitat for Humanity, Inc. Change of Zoning District Classification East side of Zurich Arch, South of I-264 District 3 Rose Hall May 9, 2007 REGULAR Barry Knight: We will now proceed into our public hearing portion. Today, we have three agenda items to be heard. We are going to hear these out of order today. We're going to hear agenda item 14 first, and then agenda item 16. The reason for that is we don't believe there will be near as much discussion on those two items as it will be on agenda item you are all here for. Mr. Secretary, will you please call agenda item 14 please? Joseph Strange: Sure. The first item is item 14, South Hampton Roads Habitat for Humanity, Inc. An Ordinance upon Application of South Hampton Roads Habitat for Humanity, Inc. for a Change of Zoning District Classification from R-7.5 Residential District to Conditional A-12 Apartment District on property located on the east side of Zurich Arch, South of I-264, District 3, Rose Hall, with four proffers. Barry Knight: Welcome Eddie. Eddie Bourdon: Thank you Mr. Chairman. It is my lucky day. For the record, I'm Virginia Beach Attorney Eddie Bourdon representing the applicant South Hampton Roads Habitat for Humanity, Inc., and the president, as well as the director who will be speaking briefly. First thing I want to do is pass around the elevation of the buildings and the building materials. This, as was read, is a conditional rezoning from unconditional R-7.5 to Conditional A-12 with a proffered plan to develop a 10 unit residential condominium where the American dream of home ownership will come true for 10 hard working deserving families in Virginia Beach. Each of the ten units will be owned by the family, which occupies that unit. The condominium, which will govern the property, will be permanently managed by Habitat for Humanity helping to ensure that the proper upkeep and maintenance of these 10 units will take place in perpetuity. The property itself is located on the south side of I-264 and on the east side of Zurich Arch, which is a public right-of-way that serves the Plaza Apartment complex. As you can see on the composite map, it is a very uniquely and oddly shaped piece of property. The developable portion of the property is here. It is basically a triangular shape piece of property. This is Zurich Arch. The property, which is currently zoned to be developed as single-family residential, however, due to the unique size and topographic challenges of the property, you could not put a public street on to that property and divide it into lots with the current zoning. The best you could hope to do would be four, very large, in terms of area but strangely shaped single-family lots on that piece of property. Habitat, which was donated Item # 14 South Hampton Roads Habitat for Humanity, Inc. Page 2 this piece of property a couple of years ago has worked with staff and with the environmental folks, and this is a development that will fit on this property. It doesn't need any variances for two five -unit buildings and a road that services it. It is not a public right-of-way. It will be maintained by the condominium association and put in by Habitat for Humanity as the developer of the property. The units, and you can see the large front yards as they kind of squeeze together as you get back on the property. The interesting thing here is that these units closest to Zurich Arch, they're 25 foot setbacks on the property line, however, it is over 50 feet to the edge of the curb in the road. They are setback very nicely from the public right-of-way. Similarly, these units are set back close to 100 feet from the road that serves the condominium, 75 feet from the edge of the parking pad. It gets closer as you get back to the back units. These units, once you pass the parking area, are 25 feet back from the road in the area here, and they are a little over 30 feet back from the road. You've seen the elevations. This is what we are talking about constructing. We got over 1.8 acres of developable land and a very strange configuration but is how much is developable. The proposed density is ten -units works out to 51/z units per acre. That is not a high density by any stretch. In fact, it is the same density you will have in R-5 residential district. But you can't develop this type of project in a R-5 Residential District because of the attached nature of these town homes. The topographic, as I mentioned before, precludes us from putting in a standard city street with a bulb cul-de-sac at the end of that street. Directly across from this property, the Plaza Apartments are located. These apartments are developed at 12 units per acre, and these are developed at 18 units per acre. The density, overall within this area, is more than doubled that is proposed for this property with these 10 units on 1.8 acre. In other words, 1.8 acres across the street would have over 20 units in them. The development that we are proposing is 1.4 acres of open space. Associated with these ten units. As you can see, when you look at the plan or the shape of the property. It is a much needed project, within the City of Virginia Beach, and it is well designed. The property is in the lowest noise zone around NAS Oceana. It is in the 65dB. And according the AICUZ Overlay that we adopted over 17 months ago, this was an area that was essentially to be unaffected by those ordinance requirements. In other words, it is not the 70dB to 75dB noise zone. It is not in the 75 and above noise zone. It is not or near any of the APZs. But, however, the Navy because of their OPNAV Instructions is commenting on every application that involves a non -compatible use under OPNAV, no matter where it is or what noise zone it is in. What could the Navy concern about this property's use at this location possibly be? It is not in the Interfacility Traffic Area. It is nowhere near it. By adding lights on the ground, obviously is not a concern to touch, and go landings at Fentress Airfield, with regard to this piece of property. It is not in a crash risk area. The bigger crash risk probably exists from the interstate that we abut. The only conceivable issue present is noise. We will certainly do noise attenuation on these units. We will certainly need to because the almost constant noise level from 1-264 will be at a decibel level that higher is than the 65dB average day/night noise level. The single event noise will be larger but the average dB level right next to the interstate is going to 65 or greater anyway. Last night, City Council voted to buy some property in the 65dB noise zoned in the Interfacility Traffic Area. The AOS Property, and you all heard me make a Item #14 South Hampton Roads Habitat for Humanity, Inc. Page 3 presentation on that a few months ago. That was a very good precedent and a very good thing to do. It shows the city's commitment to protect that Interfacility Traffic Area, the area where there is a legitimate concern regarding protecting Oceana. However, ladies and gentlemen, this property is in the same 65dB noise zone as is over 80 percent of our resort area. Nowhere near any Interfacility Traffic Area. At the Oceanfront, we have a plan that is going to redevelop the Oceanfront, and zoning has been approved at the Oceanfront at 36 units per acre, in the same noise zone. We're dealing with a need for a Convention Center Hotel right next to the Pavilion, in the 70 and above noise zone. How many units is that which are incompatible? Folks? This is an area this application makes exceedingly good sense for and recognized the letter that is in your file, which was sent by the Navy close to two years ago but, there objection to 10 units, in our opinion, doesn't hold water. We need this project. It is one that is for the good of everyone. It cannot be developed as 6 units economically, put in the road, and put in all the things that need to be done, you can't do it. You can't do it and keep the housing affordable for the people we are trying to serve. We appreciate the staff working with us for the last two years on this project. We appreciate their comments about the desirability and their support for the project. And, I do understand certainly that the only reason that it exists from the idea that 10 units is too many is the issue with the Navy. I'm sorry they aren't here or that issue wasn't able to be resolved. I'm sorry that I wasn't available to discuss it with them when they had a meeting. But, we think that is certainly a project that worthy of your affirmative vote. And with that, I`ll be happy to answer any questions. Barry Knight: Thank you. Are there any questions of Mr. Bourdon at this time? Thank you. Eddie Bourdon: Thank you. Barry Knight: Mr. Strange? Joseph Strange: Speaking in support of the application is John Morgan. Barry Knight: Welcome sir. Please state your name for the record. John Morgan: Good afternoon. I'm John Morgan. I'm the Executive Director of Habitat of Humanity South Hampton Roads. Habitat for Humanity, who partners with community volunteers and businesses to build high quality affordable housing for working lower income families making 30 to 60 percent of the areas median income. These unique partnerships greatly rewards not only for the families but also for the communities in which they are built. Do you know that a 100,000 people in South Hampton Roads live under the poverty line and 70 percent of them are children? Do you know the median costs of a two bedroom apartment is $805.00 a month and the minimum wage earner would have to work 118 hours a week to afford rent. One of the most important rewards is that homeownership helps build successful children. Compared to children of renters, the same age, race, income, etc, the children of homeowners are 25 Item # 14 South Hampton Roads Habitat for Humanity, Inc. Page 4 percent more likely to graduate from high school, 116 percent more likely to graduate from college, 20 percent less likely to become teenage mothers. They are less likely to have alcohol and substance abuse problems. They save taxpayers thousands in public expenditures by reducing juvenile delinquency, teenage pregnancy, etc. They are 59 percent more likely to own a home within ten years of moving from their parent's household. What a wonderful investment in the future of our children and our community. We're there today to ask you to rezone a piece of property so that Habitat and our volunteers can make that investment for 10 lower income families in your community. As I mentioned earlier, Habitat builds decent, safe affordable housing for lower income families making 30 to 60 percent of the areas median income. We sell these houses to qualified families at no profit and zero percent interest. This allows us to keep their payments at between $400 to $500 per month for the principal, taxes and insurance. Our houses cost us approximately $65,000 to build. On this piece of property, the development of the infrastructure will be approximately $400,000 to $500,000. We can make this investment for 10 town home units and still keep the homes affordable, which will be between $105,000 and $115,000 a piece. Developing that property for anything less than ten units, would make these homes unaffordable with a 30 to 60 percent median families that we serve. We're not asking you to recreate anything different or special for the Lynnhaven Woods neighborhood. As you have seen, the aerial view of the site location is right across the street from Zurich Arch, where there are multi- family residential town homes zoned A-12, and one block down at Coral Gables zoned A-18. Our lot has 1.82 buildable acres, which currently would yield six residential units. Surely, four additional units on this size property and in this neighborhood, would not cause any additional problems, and will actually upgrade the community. There are hundreds and hundreds of hard working lower income individuals in Virginia Beach community that are unable to afford decent safe affordable housing in which to raise their families. Jet noise is not a problem for them but the dream of raising a family in their own home is. Please help us make this dream come true for 10 deserving families in your community. Thank you. Barry Knight: Thank you. Are there any questions for Mr. Morgan? Thank you sir. Joseph Strange: The next speaker is Matthew Weinstein. Barry Knight: Welcome sir. Please state your name for the record. Matthew Weinstein: My name is Matthew Weinstein. I'm a resident of Virginia Beach. I own a business that operates at the Beach. I'm Chairman of the Covenant of Virginia Beach, which is a consortion of 22 churches all located in Virginia Beach that acts as a building partner with Habitat for Humanity. We build, raise money and we're going to try to do this project. I'm also on the Board of Directors of South Hampton Roads Habitat for Humanity and I serve as a member of the Virginia Beach Workforce Housing Roundtable. I am familiar with the work recently done by you all and City Council with regard to development of a work force housing program. I am very appreciative of that. Item #14 South Hampton Roads Habitat for Humanity, Inc. Page 5 It is in that spirit that I come to you today. I know the neighborhood very well. We had a townhouse donated to Habitat, which we restored last year. We put one of our families in it in that neighborhood on Rainier Court. I also feel strongly about the use of all 10 units if possible. I would seriously ask for your consideration. We are limited in land, and that has been our great challenge over the last four years. For the first time in three years, today we are starting a project that is new construction on a piece of land that was donated. And, that project is on Aragona Boulevard, and we could not have done that without the assistance of the City. They helped us get that property and we're very grateful. In this case, I'm sort of asking you for that help today. If we can get ten families in, we do not know when our next property will come around. We don't have property on the horizon. And, you are more aware than I am about what's happening to the cost of land in the City over the last 6 to 12 years. So, in that spirit, I come to you today to ask for your consideration. Also, I would like to make a point again that has been made by my predecessors. These are working families. Four of those units are also going to be structured in such a way that makes them handicapped accessible. A number of the folks that fall into that category of deserving families income wise, many times do have handicaps. I thank you very much for your patience and consideration. Barry Knight: Thank you. Are there any questions of Mr. Weinstein? Thank you sir. Joseph Strange: That is all of our speakers. Barry Knight: We have none in opposition. Joseph Strange: None in opposition. Barry Knight: Okay. I'll open it up amongst the Commissioners. Ms. Wood? Dorothy Wood: Mr. Knight, if it is appropriate, I would like to make a motion that we support the 10 units. I fully support the United States Navy, and most of you know, I never voted against them but in this one case, I believe that our Habitat for Humanity is one of the best groups that we have in our city. Owning a home is an American dream. These people deserve the dream. This group, Habitat for Humanity, has just done wonderful things in the City. Mr. Bourdon, I appreciate you working with them, and I appreciate the Board of Directors, who are here today. As a proud owner of the pirate ship from your toolbox bash, I certainly do support you, and I'm happy to make the motion to support the ten homes. Barry Knight: Very well said. Thank you Ms. Wood. There is a motion on the floor. There is a second by Mr. Horsley. I'll open it back up for discussion. Ms. Anderson? Janice Anderson: I am in agreement with Ms. Wood. Besides the great things that they do and the need of the community, I believe that changing the zoning to A-12 is actually appropriate. Our agreement of understanding with the Navy in this position even states Item #14 South Hampton Roads Habitat for Humanity, Inc. Page 6 that when zoning is what we don't see, it is not reasonable, then we can change it to something that is reasonable. I think the R-7.5 here is not reasonable rezoning for this piece of property. It is not going to connect to the adjoining R-7.5, it is going to connect to the A-12, so that is how you're going to access it, and I think it would be wrong to put single-family homes that is connecting through A-12 and A-18 property. Especially, this property is challenged in its shape and its ability to build on it. I'm just glad that Habitat has acquired the property to build these homes on it. So, I believe even with our agreement with the Navy, our agreement of understanding that the current zoning is improper, and the reasonable zoning would be A-12. Barry Knight: Thank you Ms. Anderson. Mr. Crabtree? Eugene Crabtree: Yes. This happens to be in my district. I'm concerned about the piece of property and the things surrounding it. And being a retired Navy member myself, I strongly support the Department of Defenses stand. However, in reading the letter that we received from the Department of Defense and the Navy to this, there is really, in their letter no great strong objection to the City approving this application. It is more of a matter of formality I think, than it is a strong disagreement with doing this. Habitat of Humanity is going to improve this property. It is a much better use of the property than what is being done. And the use, as it stands now, the surrounding neighborhoods has to benefit from this by an example to include the residents surrounding the neighborhood to bring it up to a higher standard. And, because of these things, I'm going to go ahead and support this even though it is going against my grain, as far as the military is concerned. But, I don't really think the military has that strong of an objection to it. Therefore, I am going to support the application. Barry Knight: Thank you Mr. Crabtree. Is there any other discussion? There is a motion on the floor to approve by Dot Wood and seconded by Don Horsley. Since there is no other discussion, I'll call for the question. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE ABS 0 ABSENT 1 ABSENT Item # 14 South Hampton Roads Habitat for Humanity, Inc. Page 7 Ed Weeden: By a vote of 10-0, the Board has approved the application of South Hampton Roads Habitat for Humanity, Inc. has been approved. Barry Knight: Thank you. In Reply Refer To Our File No. DF -6452 TO: Leslie L. Lilley FROM: B. Kay WilsdoXl CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: May 29, 2007 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: South Hampton Roads Habitat for Humanity, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on June 12, 2007. 1 have reviewed the subject proffer agreement, dated February 23, 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 SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 23rd day of February, 2006, by and between SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC., Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Rose Hall District of the City of Virginia Beach, containing approximately 3.202 acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional A-12 Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1487-93-9540 PREPARED BY: MSUES. BOURDON. A URN & LUVY. P.C. 1 PREPARED BY: MSYKES. ROURDON. AHERN & LEVY. P.C. WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the 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 a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-12 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, the street, building orientation, and site layout shall be substantially in accordance with the Exhibit entitled "TOPOGRAPHIC SURVEY FOR LYNNHAVEN WOODS" dated June 1, 2005, prepared by SIA, Inc. and KROSKIN DESIGN GROUP, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2 PREPARED BY: M SYKES. BOURDON. ANERN & L£VY. P.C. 2. When the Property is developed, there will be no more than ten (10) residential condominium units, within two (2) buildings as depicted on the Concept Plan. 3. When the Property is developed, the residential structures depicted on the Concept Plan shall have the architectural design and appearance substantially as depicted on the Exhibit entitled "BUILDING FRONT ELEVATION OF LYNNHAVEN WOODS, VIRGINIA BEACH, VIRGINIA FOR HABITAT FOR HUMANITY" dated October 5, 2005 and prepared by Kroskin Design Group which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Elevation". 4. 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. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: 3 PREPARED BY: SYYES, ROURDON. 00 A14ERN & I.M. P.0 (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 0 WITNESS the following signatures and seals: GRANTOR: SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. By: (SEAL) IIIExe John K. organ , cutive Director STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this_Q{t'' day of February 2006, by John K. Morgan III, Executive Director of South Hampton Roads Habitat for Humanity, Inc. My Commission Expires: ^"7J. 3O/' 2-001I PREPARED BY: M SYKES, ROURDON, M ARERN & LEVY. P.C. 5 otary Public EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, belonging, lying, situate in the City of Virginia Beach, Virginia, and being known, numbered and designated as "PARCEL B" as shown on that certain plat entitled "Subdivision of Lynnhaven Woods, Section Four, Virginia Beach, Virginia," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in map book 199, at page 55 et seq., which parcel is further identified by the GPIN number 1487-93-9540-0000. GPIN: 1487-43-9540 conditional rezoning/Habitat/Proffer 1 PREPARED BY: SYKES, BOURDON. ME AIERN & I.M. P.C. 2 G-7 R -T5 DTG Operations, Inc. . b_4 8- CUP for Motor Vehicle CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of DTG Operations, Inc. for a Conditional Use Permit for motor vehicle rentals on property located at 3750 Virginia Beach Boulevard, Suite 1 (GPIN 1487444873). AICUZ is Less than 65 dB Ldn. DISTRICT 5 — LYNNHAVEN MEETING DATE: June 12, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow motor vehicle rentals within an existing shopping center. ■ Considerations: The office for the local car rentals will be located within the center unit of an existing retail building located near the rear of the lot. The proposed designated parking area for up to ten (10) rental vehicles is located directly behind an existing Blockbuster Video building, which is located near the front of the lot. The existing commercial center, including the proposed car rental facility, requires 259 spaces, and there are currently 369 spaces. There is, therefore, a surplus of 110 spaces within the lot. Hours of operation will be Monday thru Friday, 8:00 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 2:00 p.m. Two full-time staff will operate the facility. The Planning Commission placed this item on the consent agenda because they concluded the use is appropriate for the site 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 with the following conditions: 1. Hours of operation shall be Monday thru Friday, 8:00 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 2:00 p.m. 2. No outside paging or sound amplification system shall be permitted. 3. No additional freestanding signs beyond what currently exist on the site shall be permitted. 4. No more than 10 rental motor vehicles shall be allowed on the site at any time. Rental vehicles shall be parked in the area designated on the site plan as "Permitted area for parking or tenant's rental vehicles" prepared by The Vision Group, dated February 27, 2007, entitled Birchwood Shopping Center Suite 1. DTG Operations, Inc. Page 2 of 2 5. There shall be no sale of automobiles on the site. 6. There shall be no on-site washing, detailing, or maintenance of any motor vehicles on the site. ■ 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 Manage • S � DTG OPERATIONS, INC. Agenda Item 3 May 9, 2007 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for motor vehicle rentals. ADDRESS / DESCRIPTION: 3750 Virginia Beach Boulevard. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14874448730000 5 - LYNNHAVEN 1,915 square feet of leased space from a 6.76 -acre lot. The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST motor vehicle rentals. The office for the local car rentals is located within the center unit of an existing retail building located near the rear of the lot. The proposed designated parking area for up to ten (10) rental vehicles is located directly behind an existing Blockbuster Video building, which is located near the front of the lot. The existing commercial center, including the proposed car rental facility, requires 259 spaces, and there are currently 369 spaces. There is a surplus of 110 spaces within the lot. Hours of operation will be Monday thru Friday, 8:00 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 2:00 p.m. Two full-time staff will operate the facility. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Retail shopping center. SURROUNDING LAND North: . Lampl Avenue USE AND ZONING: . Single-family homes / R-7.5 Residential District South: . Automotive sales / B-2 Community Business District East: . Wholesale facility & financial institution / B-2 Community Business District West: 2 Community Business District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this 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)• VIRGINIA Beach Boulevard in front of this application is an eight -lane divided major urban arterial. There are no further improvements shown on the Master Transportation Plan Map for this section of roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 53,782 ADT 56,240 ADT (Level of Existing Land Use — Boulevard Service "D") 3,719 ADT (550 trips/acre) Proposed Land Use 3 - No professional data for the proposed use as a car rental facility is available. Impact should be minimal. Average uaiiy i rips Zas defined by Birchwood Mall Shopping Center, which is zoned B-2 3 as defined by car rental facility WATER: This site has an existing water meter and connection. There is a 10 -inch water main in Lampl Avenue. There is an 8 -inch City water main crossing this site in an easement. SEWER: This site currently connected to City sanitary sewer. There is an 8 -inch City gravity sanitary sewer main in Lampl Avenue fronting this site. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The current land use pattern for Strategic Growth Area 5 is suburban strip commercial with some multifamily along Virginia Beach Boulevard. The Plan policies recommend that this area be transformed from its suburban commercial land use pattern to one that provides a more balanced mix of urban DTG OPERATIONS, INC. Agenda Item .3 :Page 2 residential and commercial uses, particularly along the north side of Virginia Beach Boulevard. Similar uses are appropriate along the south side of the boulevard and should be oriented to the Rosemont Road intersection. Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. There are 369 parking spaces provided throughout the lot, which amounts to a surplus of 110 spaces over what is required. Staff, therefore, concludes that there is sufficient parking to accommodate the proposed car rental facility and other existing business on site. No more than ten (10) vehicles available for rent to the public will be present at the site. CONDITIONS 1. Hours of operation shall be Monday thru Friday, 8:00 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 2:00 p.m. 2. No outside paging or sound amplification system shall be permitted. 3. No additional freestanding signs beyond what currently exist on the site shall be permitted. 4. No more than 10 rental motor vehicles shall be allowed on the site at any time. Rental vehicles shall be parked in the area designated on the site plan as "Permitted area for parking or tenants rental vehicles" prepared by The Vision Group, dated February 27, 2007, entitled Birchwood Shopping Center Suite 1. 5. There shall be no sale of automobiles on the site. 6. There shall be no on-site washing, detailing, or maintenance of any motor vehicles on the site. 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. AERIAL OF SITE • •J • • • ROOM L. U F LU IP� 41 42 11 LM a -8 0 0 7F t R .2 Li Iz a LM City of Virginia Beach, VA Conditional Use Permit Application Disclosure Statement Applicant Disclosure 2. List all business that have a parent -subsidiary or affiliated business entity relationship with the applicant: (attach list if necessary) Dollar Thrifty Automotive Group, Inc. Parent company Dollar Rent A Car, Inc. Affiliated company Thrifty Rent-A-Car System, Inc. Affiliated company Rental Car Finance Corp. Affiliated company DTG OPERATIONS, INC (Oklahoma) DISCLOSURE STATEMENT ATTACHMENT'- Directors Gary L. Paxton John J. Foley Steven B. Hildebrand officers President John J. Foley Executive Vice President and David W. Sparkman Chief Financial Officer 8.13.04 Executive Vice President Yves Boyer Executive Vice President and Vicki J. Vaniman Secretary Vice President and Robert J. Drvostep Assistant Chief Financial Officer Vice President Dean Strickland 3/15104 Vice President Robert C. DuPont 2/14/05 Vice President Mario E. Nargi 9/19/06 Vice President Robert S. Erickson Treasurer Pamela S. Peck Ass't Treasurer Michael H. McMahon Ass't Secy James R. Ryan Ass't Secy Stephen W. Ray 12121105 Ass't Secy Janet L. Qrumright Ass't Secy Matt Pellegrino 2.1.07 Ass't Secy Bradley A, Evans (Oklahoma) DISCLOSURE STATEMENT ATTACHMENT'- Item #3 DTG Operations, Inc. Conditional Use Permi: 3750 Virginia Beach Boulevard, Suite 1 District 5 Lynnhaven May 9, 2007 CONSENT Barry Knight: The next portion of our meeting will be the consent items. I will turn this over to the Vice Chairman, Ms. Anderson. Janice Anderson: Thank you Chairman. This afternoon we have five items on the consent agenda. The first one is agenda item 3. That is the application of DTG Operations, Inc. It is for a Conditional Use Permit for motor vehicle rentals on property located at 3750 Virginia Beach Boulevard in the Lynnhaven District. Is there a representative on this application? Mike Culpepper: Good afternoon. For the record, I'm Mike Culpepper, a Virginia Beach attorney. We agree to the conditions set forth. Janice Anderson: Okay. Thank you very much. Is there any opposition to this matter being placed on the consent agenda? Gene Crabtree has been asked to review this application for us. Eugene Crabtree: The application is for a car rental. It is actually in the Birchwood Shopping Mall on Virginia Beach Boulevard. It is located in a strategic growth area for the City and it is located in an area that sits close to automotive places that are conducive to having car rentals. It also sits not too far from Town Center, which is also an area, which in the future will probably utilize rental cars and that type of thing. They propose to only have ten vehicles on the site at anytime. The parking lot and parking spaces that they have in this mall are numerous. It is never full. There is plenty of room for it. It won't impede. It won't impact on any of the adjacent businesses or prevent any of them from doing what they need to do. They're operating hours are from 8:00 am to 6:00 pm. during the week and 8:00 am to 2:00 pm on Saturdays that it won't interfere with any of the businesses as well. It is a good land use of this particular piece of property, and therefore, we put it on the consent agenda. Janice Anderson: Thank you Gene. Mr. Chairman, I make a motion for the consent of agenda item 3. Barry Knight: There is a motion on the table to approve the consent agenda item. The motion made by Jan Anderson and seconded by Dot Wood. Is there any discussion? Mr. Redmond. Item #3 DTG Operations, Inc. Page 2 David Redmond: Mr. Chairman, the Dollar Thrifty Automotive Group is a client of my firms. I personally provide services to the Dollar Thrifty Automotive Group. On the advise of the City Attorney, I will excuse myself specifically froin that vote while supporting the other items on the consent agenda. I filed the appropriate letter with the Interim Planning Director, Mr. Whitney, for public inspection. Barry Knight: Okay. Is there any other discussion? I'll call for the question. Ed Weeden: By a vote by 9-0, with the abstention so noted, the Board has approved item 3 for consent. Barry Knight: Thank you. AYE 9 NAY 0 ABS 1 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE LIVAS AYE REDMOND ABS STRANGE AYE WOOD AYE Ed Weeden: By a vote by 9-0, with the abstention so noted, the Board has approved item 3 for consent. Barry Knight: Thank you. CUP for Car Wash Facility �QQ�' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Dark Age Enterprises, L.L.C. for a Conditional Use Permit for a car wash on property located at 590 Baker Road (GPIN 1468302759). AICUZ is Less than 65 dB Ldn. DISTRICT 2 — KEMPSVILLE MEETING DATE: June 12, 2007 ■ Background: A vacant automotive service facility is currently located on the site. The applicant requests a Conditional Use Permit to allow the site to be used as a car -wash facility. ■ Considerations: The applicant intends to operate the car wash out of the existing building. The applicant will use the site's existing bays, parking, and vehicle circulation in the conduct of the car wash business. There are six (6) employee parking spaces and six (6) spaces for vehicles to be washed. Vehicles obtaining a car wash enter the building from the rear and are vacuumed immediately prior to entering the structure. Actual car washing takes place inside the building and vehicles are dried in the area located at the front of the building, immediately after exiting the building. No new construction is proposed. The hand car washing and detailing facility will operate from 9:00 a.m. to 8:00 p.m., seven (7) days a week. Vehicle accessories such as air fresheners, steering wheel covers, mats, window screens (sun protectors), etc. will also be available for purchase. Facility staff includes a total of five (5) employees. The applicant will enhance the existing building facade by painting siding, trim, doors, and bollards. The applicant will also add landscaping around the existing freestanding sign and additional trees and benches will be installed at the rear of site. The dimensions of the sign will remain the same; however, the face of the sign will be modified to represent the new car wash facility. The proposed car wash provides service and jobs to the community on a site where no use currently is in operation. The proposal is compatible with the adjacent business and industrial areas. The proposed improvements will enhance the existing site and building, and provide an improved appearance for this section of Baker Road. The Planning Commission placed this item on the consent agenda because this request will occupy a currently vacant building, the proposed aesthetic changes will greatly enhance the site, and there was no opposition. Dark Age Enterprises, Inc. Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The site shall be developed in substantial conformance with the submitted site plan prepared by The Livas Group Architects P.C. 2. The structure shall be modified in substantial conformance with the submitted elevation prepared by The Livas Group Architects P.C. 3. The applicant shall submit a landscape plan for review and approval showing required landscaping around the existing freestanding sign and showing the location of existing and proposed site landscaping. At minimum, three additional trees of at least 2 -inch caliper shall be installed. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. V Submitting Department/Agency: Planning Department City Manager. V- , n r DARK AGE ENTERPRISES, L.L.C. Agenda Item 4 May 9, 2007 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for a car wash facility. Map C-6 _ Dark Axe Enterprise, LLC _ 17 Q9 B 2 \ CUP for Car Wash Facility ADDRESS / DESCRIPTION: Property located at 590 Baker Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14683027590000 2 - KEMPSVILLE 19,709 square feet The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST car -wash facility. The hand car washing and detailing facility will operate from 9:00 a.m. to 8:00 p.m., seven (7) days a week. Vehicle accessories such as air fresheners, steering wheel covers, mats, window screens (sun protectors), etc. will also be available for purchase. Facility staff includes a total of five (5) employees. The applicant intends to operate the car wash out of the existing building, which was last used as an automotive service facility. The applicant will use the site's existing bays, parking, and vehicle circulation in the conduct of the car wash business. Vehicles obtaining a car wash enter the building from the rear and are vacuumed immediately prior to entering the structure. Actual car washing takes place inside the building and vehicles are dried in the area located at the front of the building, immediately after exiting the building. No new construction is proposed. The applicant will enhance the existing building fagade by painting siding, trims, doors, and bollards. The applicant will also add landscaping around the existing freestanding sign and additional trees and benches will be installed at the rear of site. The dimensions of the sign will remain the same; however, the face of the sign will be modified to represent the new car wash facility. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant automotive service facility. SURROUNDING LAND North: . Car rental / B-2 Community Business District USE AND ZONING: South: . Retail / B-2 Community Business District East: . Window manufacturing / 1-1 Light Industrial District West: . Car rental / B-2 Community Business District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this 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)• Baker Road in front of this application is considered a two-lane undivided collector street. A Capital Improvement Program project is slated for this area. Baker Road Extended (CIP 2-071) provides for the construction of Baker Road from Bulls Bay Drive to just west of Holly Farms Drive. The proposed roadway will consist of a two-lane collector street within a 70 -foot right—of-way and a signalized intersection at Witchduck Road. There will also be upgrading to the landscaping and a multi -use path. This site does not appear to be impacted by that project. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Baker Road No existing traffic counts are Existing Land Use — 80 ADT available for this section of Weekdays and 84 Weekends roadway. Proposed Land Use 3- 144 Weekdays and 177 Weekends 4 Weekday Peak Hours Vehicles (entering) 14 Weekend Peak Hours (entering) Average uaoy i nps z as defined by "quick lube" auto service 3 as defined by hand car wash WATER: This site is connected to the City water system and has an existing 5/8 -inch water meter (Meter #95031122), which can be used or upgraded. There is a 6 -inch and 8 -inch City water main on Baker Road. SEWER: This site currently connects to the existing City system. Analysis of Pump Station 344 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing 8 -inch City gravity sanitary sewer main on Baker Road. DARK AGE ENTERPRISES, L.L.C. Agenda Item 4 Page 2 STORMWATER MANAGEMENT: A stormwater management plan for water quantity and quality in accordance with the Public Works Specifications and Standards must be submitted. The proposed stormwater management plan must be designed in accordance with the Virginia Pollution Discharge Elimination System Permit that will be issued for the facility. The operations of the proposed facility must not impact the water quality of the downstream receiving storm drain systems. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: 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. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. Evaluation: A vacant automotive service facility is currently located on the site. The proposed car wash provides service and jobs to the community on a site where no use currently is in operation. The proposal is compatible with the adjacent business and industrial areas. There are six (6) employee parking spaces and six (6) spaces for vehicles to be washed. Staff concludes sufficient parking is available to accommodate employees and vehicles to be washed. The proposed improvements will enhance the existing site and building, and provide an improved appearance for this section of Baker Road. CONDITIONS 1. The site shall be developed insubstantial conformance with the submitted site plan prepared by The Livas Group Architects P.C. 2. The structure shall be modified in substantial conformance with the submitted elevation prepared by The Livas Group Architects P.C. 3. The applicant shall submit a landscape plan for review and approval showing required landscaping around the existing freestanding sign and showing the location of existing and proposed site landscaping. At minimum, three additional trees of at least 2 -inch caliper shall be installed. 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. DARK AGE ENTERPRISES, L.L.C. Agenda Item 4. Page 3 0 SITE P,LAa, ,r, =—I] PAI KIW.v EASEi�IEII�ITT 6RANT EV TO LL-- AAC7-1 N 46 5a' 041* N 62 IC's G6" A ;26.az WIM EXISTINt�s alfaNEA LANDSCAPI Wl sa 6:2 15' 45" !q5.2a L-pvsm* Ir'o. VIP,611 POPOZ EA-SeMZNT tP -EXISTINO 150'VIi261NIA POMP. EA5EI-eNT PROPOSED BUILDING ELEV DARK AGE ENTERPRISES, L.L.C. Agenda -Ion:4 Page 7 I.r_._ n c T 7 A rt • CUP for Car Wash Facility # Date Description Action 1 12-09-68 07-13-87 Conditional Use Permit (auto sales) Conditional Use Permit auto repair) Granted Granted 2 01-08-90 02-01-00 Conditional Use Permit (auto sales) Conditional Use Permit auto sales Granted Granted 3 09-24-96 Zoning Change R-7.5 & B2 to Conditional B-1 Granted 4 05-22-89 Conditional Use Permit auto repair) Granted 5 05-29-90 Conditional Use Permit (bingo) Granted 6 11-20-89 Conditional Use Permit auto repair) Denied 7 05-24-94 Subdivision Variance Granted 8 02-27-01 Conditional Use Permit (self -storage facility) Granted 9 01-28-92 04-14-92 Conditional Use Permit (bingo hall) Conditional Use Permit recreational facility) Granted Granted � r r A y,<MINI ffl�il�Ctl:L'TITI pill; 13 k„w Asa s.q.. ffl�il�Ctl:L'TITI pill; 13 k„w Asa s.q.. F � L oilG W— • E - I • L ,.. ,.. .s also, ^JJ i SHE WA L ��..���:�� 4 0 r BW Item #4 Dark Age Enterprises, Inc. Conditional Use Permit 590 Baker Road District 2 Kempsville May 9, 2007 CONSENT Janice Anderson: The next matter is agenda item 4. It is an application of Dark Age Enterprises, L.L.C. This is for a Conditional Use Permit for a car wash on property located at 590 Baker Road in the Kempsville District. Is there a representative on this application? Come forward please. Welcome. Please state your name. William Milligan: Good afternoon. I'm William H. Milligan, III for the record from the Livas Group Architects. Janice Anderson: Thank you. Welcome. Mr. Milligan, there are three conditions on this application. Have you reviewed those and are those acceptable to you? William Milligan: Yes I have. They are acceptable. Janice Anderson: Thank you. William Milligan: Thank you. Janice Anderson: Is there any opposition to this matter being placed on the consent agenda? See none, the Chairman has asked Henry Livas to review this application for us. Henry Livas: For the record, as you heard the Livas Architect Group did the technical work on this, so I wanted to state to that firm was founded by my father many years ago, however, I don't have any business relationship with the firm at this time. So, therefore, I will still be voting and exercising my rights as Commissioner. Agenda item 4, the Dark Age Enterprises requests a Conditional Use Permit for a car wash facility. The applicant intends to operate the car wash out of the existing building, which was last used as an automotive service facility. The applicant will use the site's existing bays, parking, and vehicle circulation in the conduct of the car wash business. No new construction is proposed. However, the applicant will enhance the existing building by painting, siding, trims and doors. The applicant will also add landscaping around the existing freestanding sign, and additional trees and benches will be installed at the rear of the site. Therefore, we recommend approval of a Use Permit for a car wash facility. Janice Anderson: Thank you Henry. Mr. Chairman, I make a motion for the consent of agenda item 4. Item #4 Dark Age Enterprise, Inc. Page 2 Barry Knight: There is a motion on the table to approve the consent agenda item. The motion made by Jan Anderson and seconded by Dot Wood. Is there any discussion? I'll call for the question. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE ABS 0 ABSENT I ABSENT Ed Weeden: By a vote by 10-0, the Board has approved item 4 for consent. K. APPOINTMENTS BEACHES and WATERWAYS COMMISSION BLUE RIBBON TAX, FEE, and SPENDING TASK FORCE OPEN SPACE ADVISORY COMMITTEE REVIEW and ALLOCATION COMMITTEE (COG) L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITYWIDE TOWN MEETINGS June 19 Virginia Beach Convention Center — 7:15 pm Shaping our Community and Ourselves to Protect our Waterways **Due to this Town Meeting, the regular City Council Workshop at 4:00 PM is cancelled. September 18 Time and Location to be Announced FY 2008-2010 Budget November 20 Green Run Homeowners Association Building — 7:15 pm Stormwater Plans and Funding CITY COUNCIL SUMMER SCHEDULE July 3 Cancelled July 10 Briefings, Informal, Formal, including Planning items July 17 Briefings, Informal, Formal, including Planning items August 7 Cancelled August 14 Briefings, Informal, Formal, including Planning items August 21 Briefings, Informal, Formal August 28 Briefings, Informal, Formal, including Planning items CITY OF VIRGINIA BEACH BRIEFINGS: SUMMARY OF COUNCIL ACTIONS REGIONAL SANITARY SEWER CONSENT Tom Leahy, ORDER Director, Department of V 0 I Utilities DATE: June 5, 2007 M B L B D Catheryn Whitesell, C E L E D H Director, C R A W PAGE: 1 S I E J L N U N 1 T E D N O A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE p E E E E A R I V 0 0 H L R Y S N F N A N D I. -A BRIEFINGS: REGIONAL SANITARY SEWER CONSENT Tom Leahy, ORDER Director, Department of Utilities B TRANSITION AREA FINANCING Catheryn Whitesell, Director, Department of Management Services 11/11F IVN CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y A Y Y Y Y VI -E F -I MINUTES— April 10, 2007 APPROVED 8-0 Y Y Y Y Y Y A A B Y Y A B S S T T A A 1 I N N E E D D G/H- PUBLIC HEARING 1 VOTING PRECINCTS No speakers Adding/Changing Locations/Boundary Lines UJ.1- Ordinances to AMEND the City Code: a. §10-1 re ADDING 6 Voting Precincts/moving 2 polling locations/changing ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y A Y Y Y Y one boundary line b. §2-413 re ALLOWING City Council up to 14 days to confine a Local Emergency Declaration ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y A Y Y Y Y by City Manager 2 Ordinance to APPROPRIATE $596,077 additional (CDBG/HOME Program income to Housing/Neighborhood Preservation's budget DEFERRED TO JUNE 12, 2007, BY CONSENT 10-0 Y Y Y Y Y Y A Y Y Y Y 3 Ordinance to AUTHORIZE reimbursement by Sheriff of $1500 in legal expenses to a Deputy ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y A Y Y Y Y 4 Ordinance to APPROVE Vegetation Control Permit to Edwin B. Lindsley, Jr., at Va Beach DEFERRED TO JUNE 12, 2007 10-0 Y Y Y Y Y Y A Y Y Y Y Blvd/Rosemont Road 5 Resolution to ADOPT the Ten -Year Plan to ADOPTED 9-1 Y Y Y Y Y N A Y Y Y Y End Homelessness/submit to HUD/ Interagency Council on Homelessness F VIRGINIA BEACH Resolutions to REFER to Planning Y OF COUNCIL ACTIONS F Commission AMENDMENTS to CZO Workforce Housing: V DATE: June 5, 2007 0 I §§102/900/ADD new Article 20 re Overlay ADOPTED BY 9-1 Y Y Y Y Y M B Y L Y Y D CONSENT C E L PAGE: 2 E D b. H ADOPTED BY C R Y A W Y N S I Y E 1 L N U N I AGENDA T E D N O A D H U L W ITEM # SUBJECT MOTION VOTE E Z Y L N N 0 R E S O P E E E E A R I V O O H L R Y S N F N A N D 6.a Resolutions to REFER to Planning Commission AMENDMENTS to CZO Workforce Housing: §§102/900/ADD new Article 20 re Overlay ADOPTED BY 9-1 Y Y Y Y Y N A Y Y Y Y District/requirements CONSENT b. Comprehensive Plan incorporating the ADOPTED BY 9-I Y Y Y Y Y N A Y Y Y Y Program Principles CONSENT 7 Resolution to EXTEND, thru 9/25/07, term ADOPTED BY 10-0 Y Y Y Y Y Y A Y Y Y Y of Green Ribbon Committee on water CONSENT quality improvement K-1 KINGS GRANT CITGO, Modification of MODIFIED WITH 10-0 Y Y Y Y Y Y A Y Y Y Y Conditions to allow 2 additional drive- REVISED through service bays (approved on April 24, CONDITIONS, BY 1989) (DISTRICT 5 — LYNNHAVEN) CONSENT L APPOINTMENTS ARTS AND HUMANITIES COMMISSION Reappointed — 4 10-0 Y Y Y Y Y Y A Y Y Y Y years 7/l/07— 6/30/11 Elliott C. Jones Brad D. Martin John M.Ryan BAYFRONT ADVISORY COMMITTEE Reappointed — 3 10-0 Y Y Y Y Y Y A Y Y Y Y years 7/t/07-6/30/10 Joseph Boyce Fred Hazelwood Kai Kassir BEACHES and WATERWAYS RESCHEDULED B Y C 0 N S E N S U S COMMISSION BIKEWAYS and TRAILS ADVISORY Reappointed — 3 10-0 Y Y Y Y Y Y A Y Y Y Y COMMITTEE years 711/07— 6/30/10 Howard "Ned" Kuhns Reese F. Lukei, Jr. BLUE RIBBON TAX, FEE, AND RESCHEDULED B Y C O N S E N S U S SPENDING TASK FORCE F VIRGINIA BEACH HAMPTON ROADS PLANNING Reappointed — 2 10-0 Y Y Y Y Y Y A Y OF COUNCIL ACTIONS Y Y Y DISTRICT COMMISSION — HRPD years V 7/1/07 — 6/30/09 O I , 2007 FFAGENDA Robert M. "Bob" M B L D C E Dyer L E D H C R A W S 1 E J L N U N I T E D N 0 A D H U L W E Z Y L N N O R E S O SUBJECT MOTION VOTE p E E E E A R I VO O H L R Y S N F N A N D HAMPTON ROADS PLANNING Reappointed — 2 10-0 Y Y Y Y Y Y A Y Y Y Y DISTRICT COMMISSION — HRPD years 7/1/07 — 6/30/09 Robert M. "Bob" Dyer Barbara M. Henley James K Spore OPEN SPACE ADVISORY COMMITTEE RESCHEDULED B Y C O N S E N S U S PARKS AND RECREATION Appointed — 2 years 10-0 Y Y Y Y Y Y A Y Y Y Y COMMISSION 9/1/07-8/31/09 Andrew Russo Junior Student Kempsville High School PUBLIC LIBRARY BOARD Appointed — 2 years 10-0 Y Y Y Y Y Y A Y Y Y Y 9/1/07 — 8/31/09 Kintellshia Hopkins Junior Student Bayside High School SOCIAL SERVICES BOARD Reappointed — 4 10-0 Y Y Y Y Y Y A Y Y Y Y years 711/07-6/30/11 Dr. Susan D. Moore TIDEWATER COMMUNITY COLLEGE Reappointed — 4 10-0 Y Y Y Y Y Y A Y Y Y Y BOARD years 7/l/07-6/30/11 Henry P. Lin infelter MIN- NEW BUSINESS 1 City Council Summer Schedule APPROVED 10-0 Y Y Y Y Y Y A Y Y Y Y 0 ADJOURNMENT 6:35 PM PUBLIC COMMENTS — Non Agenda 1 speaker Items Adjourned: 6:41 PM The Clean Community Commission, which was organized 19 years ago, met Saturday, June 2, 2007, for 3 hours. 2,228 citizens participated with 35% from the Military and representatives from 13 Civic Leagues and Condo Associations. 144 miles were cleaned with 61,334 pounds of debris collected. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V DATE: lune 5, 2007 O I M B L D C E L PAGE: 4 E D H C R A W S I E J L N U N I AGENDA T E D N O A D H U L W ITEM # SUBJECT MOTION VOTE E Z Y L N N O R E S O P E E E E A R 1 V O O H L R Y S N F N A N D CITYWIDE TOWN MEETING SCHEDULE -- Topics and locations to be determined Tuesday, June 19 Tuesday, September 18 Tuesday, November 20