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MAY 6, 2008 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA E. OBERNDORF, At-Large Vln, MA YOR LOUIS Ii. JONES, Bayside - District ./ Vt7LLlAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centervil/e - DL,jrict I BARBARA M. HENLEY, Princess Anne Distnct 7 RtjJA 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 ('f7Y MANAGER - JAMES K. SPORE ('ITY ATTORNEY - LESLIE L. LILLEY ('i7Y CLERK - RUTH HODGb'S SMITH, MMC 6 MAY 2008 I. BUDGET RECONCILIATION - Conference Room - A. PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN 1. FY 2008-2009 and 2009-2010 Operating Budget 2. FY 2008-2009 and 2009-2010 Capital Improvement Program II. CITY COUNCIL LIAISON REPORTS - Conference Room - III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA v. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION II I CITY HALL BUILDING 240i COURTHOUSE DRiVE ViRGiNiA BEACH, VIRGiNiA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E- MAlL: Ctycncl@vbgov.com 1:00 PM 3:30 PM 4:00 PM II I VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Thomas Powell Calvary Chapel of Virginia Beach C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. 2. BUDGET PUBLIC HEARING INFORMAL and FORMAL SESSIONS April 17, 2008 April 22, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. LEASE OF CITY PROPERTY - Little Leagues I. CONSENT AGENDA J. ORDINANCES/ RESOLUTION 1. Ordinance to AUTHORIZE the City Manager to execute five (5) Lease Agreements re use of City park properties for Little League operations and tournaments: a. Virginia Beach Little League, Inc. -- Ocean Lakes Park b. Plaza Little League, Inc. -- PlazaINorthgate Park c. Great Neck Baseball League, Inc. - Great Neck Park d. Green Run/Princess Anne Little League, Inc. - 4153 Dam Neck Road e. Lynnhaven Boys Baseball - 586 North Lynnhaven Road 2. Ordinance to REVISE the City's policy and procedures for quarterly review and consideration of applications by the Commissioner of Revenue for exemption from local property taxes. ,I I II I i 3. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property at Lake Wesley for Griffith J. McRee, Jr. at 525 Virginia Dare Drive re constructing and maintaining a boat lift, floating pier, ramp, fixed pier extension and maintaining an existing pier. (DISTRICT 6 - BEACH) 4. Ordinance to TRANSFER from the School's Instructional Category and Operating Fund within the FY 2007-08 Operating Budget: a. $3,000,000 b. $ 900,000 c. $ 525,000 d. $ 300,000 Pupil Transportation Category School Technology Special Revenue Fund School Equipment Replacement Fund School Cafeteria Fund , 5. Resolution SETTING a ten percent (10%) goal re Minority business participation in the City's competitive contracts and procurement. K. PLANNING 1. Application of NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC. for the Modification of Conditions (request approved by City Council on November 23, 1993 for Donald G . Pratt) at 2244 General Booth Boulevard. DISTRICT 7 - PRINCESS ANNE DEFERRED RECOMMENDATION FEBRUARY 26, 2008 APPROVE 2. Application of JOHN SARGENT for the Expansion of a Nonconforming Use at 203 62nd Street re alterations and enlargement of the dwelling. DISTRICT 5 - L YNNHA VEN DEFERRED INDEPINITEL Y RECOMMENDA nON FEBRUARY 12,2008 APPROVE L. APPOINTMENTS AUDIT COMMITTEE HISTORIC PRESERV A nON COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PUBLIC LIBRARY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 'k * * ** ** ** ** ** * * * * * * *** ** ** * * * * * * * * PUBLIC COMMENTS Non-Agenda Items oJ<' * * * * * * ** ** * ** ** * ** * * * ** ** * * * * * ** * PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS May 13 Adoption Council Chamber 6PM CITY COUNCIL ONE-DAY RETREAT MAY 12, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER * * CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 * * * * * * * * * * * Agenda 05/06/2008gw www.vbgov.com I I o. Agenda 05/06/2008gw www.vbgov.com II I I ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS May 13 Adoption Council Chamber 6PM CITY COUNCIL ONE-DAY RETREAT MAY 12, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER * * CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** I I II I I 1. BUDGET RECONCILIATION - Conference Room - 1:00 PM A. PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN 1. FY 2008-2009 and 2009-2010 Operating Budget 2. FY 2008-2009 and 2009-2010 Capital Improvement Program II. CITY COUNCIL LIAISON REPORTS - Conference Room - 3:30 PM III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA I I I I v. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I I II I I VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Thomas Powell Calvary Chapel of Virginia Beach C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. 2. BUDGET PUBLIC HEARING INFORMAL and FORMAL SESSIONS April 17, 2008 April 22, 2008 G. AGENDA FOR FORMAL SESSION I I I I .tsulutiutt 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. i I II I I H. PUBLIC HEARING 1. LEASE OF CITY PROPERTY - Little Leagues II I PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on the proposed leasing of City-owned property' on Tuesday, May 6, 2008, at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following: 1 Approximately 13.06 acres in Ocean Lakes Park use by Virginia Beach Little League (Renewal) . Approximately 20.29 acres in Plaza/Northgate Park for use by Plaza Little League (Renewal) . Approximately 11.77 acres in Great Neck Park for use by Great Neck Baseball League (Renewal) . Approximately 28.58 acres at 4153 Dam Neck Road for use by Green Run/Princess Anne Little League (Renewal) . Approximately 15.60 acres at 586 North Lynnhaven Road for use by Lynnhaven Boys Baseball (New) If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call 711-- The Virginia Relay. Any questions concerning this matter should be directed to Rick Rowe, Parks and Natural Areas Coordinator, Department of Parks and Recreation, 4141 Dam Neck Road (757) 385 4461. Ruth Hodges Fraser, MMC City Clerk VP April 27, 2008 18663022 I I II I 1. CONSENT AGENDA J. ORDINANCES/ RESOLUTION 1. Ordinance to AUTHORIZE the City Manager to execute five (5) Lease Agreements re use of City park properties for Little League operations and tournaments: a. Virginia Beach Little League, Inc. -- Ocean Lakes Park b. Plaza Little League, Inc. -- PlazaINorthgate Park c. Great Neck Baseball League, Inc. - Great Neck Park d. Green Run/Princess Anne Little League, Inc. - 4153 Dam Neck Road e. Lynnhaven Boys Baseball - 586 North Lynnhaven Road 2. Ordinance to REVISE the City's policy and procedures for quarterly review and consideration of applications by the Commissioner of Revenue for exemption from local property taxes. 3. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property at Lake Wesley for Griffith J. McRee, Jr. at 525 Virginia Dare Drive re constructing and maintaining a boat lift, floating pier, ramp, fixed pier extension and maintaining an existing pier. (DISTRICT 6 - BEACH) 4. Ordinance to TRANSFER from the School's Instructional Category and Operating Fund within the PY 2007-08 Operating Budget: a. $3,000,000 b. $ 900,000 c. $ 525,000 d. $ )00,000 Pupil Transportation Category School Technology Special Revenue Fund School Equipment Replacement Fund School Cafeteria Fund 5. Resolution SETTING a ten percent (10%) goal re Minority business participation in the City's competitive contracts and procurement. I I II I r~,," "'~~~1~ k~ ~~.. - ~~, .~: .- it:) :.~\~ . :~~ (p ..~-. . ",) ('. ....:~-.I.!... "l:~<~ ~:"J, ..~~.:;~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute Five (5) Lease Agreements for the Use of City Park Properties for Little League Operations. MEETING DATE: May 6,2008 Background: The City previously entered into five-year lease agreements for the following Little League organizations to utilize City park property to conduct their youth baseball league operations and tournaments: . Approximately 13.06 acres in Ocean Lakes Park for use by Virginia Beach Little League, Inc. . Approximately 20.29 acres in Plaza/Northgate Park for use by Plaza Little League Inc. . Approximately 11.77 acres in Great Neck Park for use by GNBL,lnc., d/b/a Great Neck Baseball League, Inc. . Approximately 28.58 acres at 4153 Dam Neck Road for use by Green Run/Princess Anne Little League, Inc. These four previous lease agreements have expired and the leagues have requested renewals. City Council approval is needed to renew the leases to allow these organizations to continue to use the leased City park property. The leases would become effective shortly after Council action, and each expire on December 31, 2012. Additionally, with the recent dedication of property (approximately 15.60 acres) at 586 North Lynnhaven Road from the Little Neck Civic League (property that has been utilized by Boys Baseball of Lynnhaven, Inc. for a number of years) a lease agreement for approximately four and one half years is requested for this parcel so Boys Baseball of Lynnhaven, Inc. can continue their operations. This lease would also become effective on execution, shortly after Council action, and would expire December 31, 2012. The Little League organizations would pay no rent for use of the properties, but would be responsible for the maintenance, trash removal, utilities and related services as necessary for the operation of the premises. Considerations: All of these fields have been used for little league for a number of years. Approval of these leases would merely continue these relationships. Public Information: This public hearing on this matter was advertised in the Virqinian- Pilot as required by state law. In addition, the appropriate Civic Organizations have previously provided their support for the continued uses of City Park Property by these Little League organizations. Additionally, Parks and Recreation Staff consistently communicate with the Civic Associations and the Little League Board Members regarding these lease operations. Recommendations: City Staff recommends approval and that City Council authorize the City Mana~ler to enter into these leases for use of City Park Property per the terms of the leases. Attachments: (1) Ordinance (2) Exhibits Showing Leased Areas (3) Summary of Lease Terms Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation ~ City ManagEk: t~~ I I II I 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER 2 TO EXECUTE FIVE (5) LEASE AGREEMENTS FOR THE 3 USE OF CITY PARK PROPERTIES FOR LITTLE LEAGUE 4 OPERATIONS 5 6 WHEREAS, the City of Virginia Beach (City) is the owner of the following City 7 Park Parcels, as shown on the attached Exhibits A through E: 8 9 A Approximately 13.06 acres in Ocean Lakes Park for use by Virginia Beach 10 Little League, Inc. (Renewal) 11 B Approximately 20.29 acres in Plaza/Northgate Park for use by Plaza 12 Little League Inc. (Renewal) 13 C Approximately 11.77 acres in Great Neck Park for use by GNBL, Inc., dba 14 Great Neck Baseball League, Inc. (Renewal) 15 D Approximately 28.58 acres at 4153 Dam Neck Road for use by Princess 16 Anne Little League, Inc. (Renewal) 17 E Approximately 15.60 acres at 586 North Lynnhaven Road for use 18 by Boys Baseball of Lynnhaven, Inc. (New) 19 and 20 21 WHEREAS, the above listed Little League organizations desire to lease the City 22 Park Properties to continue their youth league operations and tournaments; and 23 24 WHEREAS, the City Council has previously approved leases for properties 25 shown on Exhibits A through D (collectively the "Renewal Leases") and has recently 26 accepted a donation of the property shown on Exhibit E (the "New Lease"); and 27 28 WHEREAS the Renewal Leases and the New Lease would each be for a term of 29 less than five (5) years; and 30 31 WHEREAS, City Staff recommends approval of the Renewal Leases and the 32 New Lease, each with an expiration date of December 31,2012. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 1. That the City Council approves the leases of City Park Properties as 38 shown on Exhibits A through E to the five youth baseball organizations, in accordance 39 with the Summary of Terms, attached hereto as Exhibit F. 40 41 2. That the City Manager is hereby authorized to execute a lease for a term 42 of less than five (5) years with each of the five groups identified in the recitals above 43 and the City for the properties identified on Exhibits A through E, in accordance with the 44 Summary of Terms, attached hereto, and such other terms, conditions or modifications 45 as may be acceptable to the City Manager and in a form deemed satisfactory to the City 46 Attorney. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of 48 ,2008. Approved As To Legal Sufficiency: ~ ~ / City Attorney's Office Approved as to Content: pa~:~~ '--.--- -.-.--.-- ... CA10574 V:\applicalions Icitylav. prodlcycom32IWpdocs\D025\P003\00055363. DOC R-2 May 6,2008 I I Lessee(s): Term: Area: Rental: Limited Use: Miscellaneous: II I EXHIBIT F SUMMARY OF TERMS Five Lease Agreements for the use of City Park Properties for Little League Operations Virginia Beach Little League, Inc. (13.06 acres in Ocean Lakes Park) Plaza Little League Incorporated (20.29 acres in Plaza/Northgate Park) GNBL,lnc., d/b/a Great Neck Baseball League, Inc. (11.77 acres in Great Neck Park) Princess Anne Little League, Inc. (28.58 acres at'4153 Dam Neck Road) Boys Baseball of Lynnhaven, Inc. (15.60 acres at 586 North Lynnhaven Road) Each lease term would begin shortly after Council action and expire on December 31, 2012 for a total term of approximately four and one half years. As listed above and per the attached Exhibits A-E The properties will continue to be leased to the youth baseball organizations at no annual cost to the leagues Leased premises will be utilized only for the purpose of operating youth baseball leagues . Lessee(s) will pay for all utilities, trash removal, and other related services as necessary for the operation, maintenance, and repair of the leased premises Lessee(s) will be responsible for the maintenance of the grounds of the leased premises Lessee(s) will indemnify/hold harmless the City and maintain general liability insurance coverage as required Lessee(s) will allow the City use and access to the leased premises as required Lessee(s) will comply with all other terms and conditions of the final lease document . . . . I I II I ~i;"" ,.~....-::~~/i.lb /Cf~"I" ......~,j" (~.. '<, ....., 4"Sf . !~~ ~. t~ ' ~:.. (o:,.~ .... .: .1::.) l~:~~~~:~:t ...:.:...:::,..:;::.~'" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Revise the City's Policy and Procedures for the Review and Consideration of Applications for Exemption from Local Property Taxes MEETING DATE: May 6,2008 . Background: On February 3, 2004, the City Council adopted a policy concerning the exemption of property from taxation. That policy provides that applications for exemption shall be considered once annually, and that the Community Organization Grant (COG) committee shall review and provide recommendation to the City Council concerning each exemption request. . Considerations: 1) Proposal: It is believed that receiving and acting upon applications quarterly should improve the processing of applications. Additionally, the review and report of the Commissioner of Revenue concerning applications should offer consistency in the analysis of requests. Under this proposal the Commissioner of Revenue will review and report to the Council on applications instead of COG: The proposed revisions to the policy will implement these changes. 2) Alternate Proposal: Under this proposal COG will remain involved in the review of applications and will submit its recommendation in addition to the report submitted by the Commissioner of Revenue. . Public Information: Public information will be provided through the normal Council agenda process. . Attachments: Ordinance, Proposal, and Alternate Proposal Recommended Action: Approval Submitting Department/Agency: Commissioner of the Revenue I I II I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO REVISE THE CITY'S POLICY AND PROCEDURES FOR THE REVIEW AND CONSIDERATION OF APPLICATIONS FOR EXEMPTION FROM LOCAL PROPERTY TAXES WHEREAS, by Ordinance adopted on February 3, 2004, the City Council adopted a policy regarding the review and consideration of applications for exemption from local property taxation; WHEREAS, the City Council desires to revise the current policy so as to provide that the Commissioner of the Revenue shall review and report to the City Council concerning all applications for exemption and to provide that applications shall be accepted quarterly. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the attached policy regarding applications for tax exemption by designation is hereby adopted and shall replace the policy concerning this subject adopted February 3, 2004 in its entirety. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of , 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA10692 R-1 April 29, 2008 I I Original Proposal City Council Policy Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page I of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided in Virginia Code ~ 58.1-3651, the local governing body must adopt an ordinance to exempt the property. 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: i I II I Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page 2 of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code ~ 501 ( c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including . but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501 ( c) status must immediately be reported to the Commissioner of the Revenue and City Anorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code ~ 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (~58.1-3606 et seq.) of/Article 3 (~58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code s58.1-3651), the organization will receive I I I I Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code ~58.l-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code ~58.l-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January 1. 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption:?ebruary 3, 2004 I Dates of Revisions: May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Reg uirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. I I Councilmember McClanan's Alternate Proposal City Council Policy Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page I of 4 1. 0 Purpose and Need Purpose: Too establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property tax. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has. requested revisions to CounCil's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided in Virginia Code S 58.1-3651, the local governing body must adopt an ordinance to exempt the property. 2,0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page 2 of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code ~ 501( c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The orgarlization must be in compliance with aU City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The orga:lization must provide services to the residents of the City that result in a benefit to the public (tangible or intangible). Following re',iew by the Commissioner of the Revenue, the applications shall be forwarded to the Commu:lity Organization Grant Committee ("COG") for review. In considering applications, COG shall employ the following guidelines: 1. The organization must serve the City of Virginia Beach, and its services must be easily accessible to Virginia Beach residents. 2. The organization must demonstrate that residents of the City of Virginia Beach will benefit from the organization being exempted from taxation by the City (i.e. that the cost savings or potential cost savings of tax exemption to the organization wiU be used to benefit residents of the City). 3. The organization must demonstrate to the satisfaction of COG that its services meet specific needs of Virginia Beach residents and support City Council's goals, including the goal of making Virginia Beach a Community for a Lifetime. The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July I of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 900 or 990 EZ, then the organization must annuaUy certify its continuing tax exempt status. Loss of 50l(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. I I I I Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page 3 of 4 2. Pursuant to Virginia Code S 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the Revenue and the Real Estate Assessor as to whether the organization is or may be tax- exempt by classification, pursuant to Article 2 (s58.1-3606 et seq.) or Article 3 (~58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code s58.1-3651), the organization will receive an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code s58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization should be granted tax exemption. The Commissioner of the Revenue will not submit applications he deems incomplete to City . Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. 4. The City Attorney shall forward copies of the applications received from the Commissioner of the Revenue to COG. COG shall review each application and forward to the City Attorney a recommendation regarding whether each applicant should be granted tax exemption. 5. Following receipt of the recommendations of the Commissioner of the Revenue and COG, the City Attorney shall prepare the necessary resolutions for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. Title: City Council Policy Regarding Applications for Tax Exemption by Designaion Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page 4 of 4 6. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code s58.l-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue, 7. Any exemptions granted shall be effective as of the next January 1. 8. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (:V4) of the members of City Council. 4.0 Responsibilitv and Authority Responsibility for inializing application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall root with the taxpayer. Responsibility for providing available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for forwarding the applications to COG for review, preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. I I ~~ .{~.1::.s:.;'i;:' ..0.. -~'O, ~f; \~~ (('1\..- :-~ ~lJ .~~~~ 'ClI....-nO CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City Property known as Lake Wesley located at the rear of 525 Dare Drive, by Griffith J. McRee, Jr. MEETING DATE: May 6, 2008 . Background: Griffith J. McRee, Jr. has requested permission to construct and maintain a 12' x 12' boat lift, a 20' x 14' floating pier, a 16' ramp, a 12' x 8' fixed pier extension, and to maintain an existing pier, in a portion of City property known as Lake Wesley located at the rear of 525 Virginia Dare Drive, Virginia Beach, Virginia. . Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lake Wesley, which is where Griffith J. McRee, Jr. has requested to encroach. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15 foot wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the applicant's property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The applicant has submitted a plan for establishing a 15 foot wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. . Public Information: Advertisement of City Council Agenda . Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. . Recommendations: ApprovE~ the request subject to the terms and conditions of the Agreement. . Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. ^a- Submitting Department/Agency: Public Works/Real Estate fl.b City Manager:C~ iL. ~ I ' I I 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 3-2 33 34 35 36 37 38 39 40 41 42 43 44 45 Requested by Department of Public Works AN ORDI NANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS LAKE WESLEY LOCATED AT THE REAR OF 525 VIRGINIA DARE DRIVE BY GRIFFITH J. MCREE, JR. WHEREAS, Griffith J. McRee, Jr. desires to construct and maintain temporary encroachments for a 12' x 12' boat lift, a 20' x 14' floating pier, a 16' ramp, a 12' x 8' fixed pier extension, and to maintain an existing pier upon a portion of the City's property known as Lake Wesley, located at the rear of 525 Virginia Dare Drive in the City of Virginia Beach, Virginia. WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in SS 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Griffith J. McRee, Jr., his heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments for a 12' x 12' boat lift, a 20' x 14' floating pier, a 16' ramp, a 12' x 8' fixed pier extension, and to maintain an existing pier in a portion of the City's property as shown on the map marked Exhibit "A" and entitled: "Proposed Boat lift and pier addition By Griffith J. McRee," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Griffith J. McRee, Jr. (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Griffith J. McRee, Jr. and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day of CA-10570 XIOIDlREAL ESTATEIEncmachmenls\PW Ordinances\CA10570 McRee Ordinance.doc v. lapplications\cilylawprod\c ycom32\WpdocsID016\PO03\00054234. DOC R-1 PREPARED: 4/21/08 APPROVED P.S TO CONTENTS ~~hl-- .C\ ,1Q-\ (l \. t01f:) XX PUBLIC WORKS, REAL ESTAqJ: APPROVED AS TO LEGAL SUFFICIENCY AND FORM l\~tJ. j~ CIT ATTORNEY I I PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58,1-811(C) (4) THIS AGREEMENT, made this 8th day of April, 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GRIFFITH J. MCREE, JR., HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 28" as shown on that certain plat entitled: "Resubdivision of Part of Croatan Beach" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 525 Virginia Dare Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 12' x 12' boat lift, a 20' x 14' floating pier, a 16' ramp, a 12' x 8' fixed pier extension, and to maintain an existing pier collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. GPIN: 2427-30-0325-0000 2427-20-6108-0000 (Lake Wesley) NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "Proposed Boat lift and J:ier addition by Griffith J. McRee," a copy of which is attached hereto as "Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and e:<penses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, 2 I I I I in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, 3 stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance an d general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined sinqle limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachmen': and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge t~:e Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars 4 I I I I ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Griffith J. McRee, Jr., the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed a nd attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Th(~ foregoing instrument was acknowledged before me this day of , 2008, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. Sh3 is personally known to me. (SEAL) Notary Public Notary Registmtion Number: My Commission Expires: 6 I I I I STATE OF VIRGINI.A/ CITY/COUNTY OF VI/'o//~ /.q)>...."rL to-wit: The foregoing instrument was acknowledged before me this g> ~ day of ~JPr/ J , 2008, by Griffith J. McRee, Jr. ~//~~ ~,ifL _ ~;ry~bIiC ~ Notary Registration Number: My Commission Expires: Notary P\.tOllc Commonwealth of YIrOtnkI '924'6 My CommIII.Oft ..... Jun 30. lOOt APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~tQjl1 et <P~)~J. \.: . C\.. ~\'J~~-\Qlfh\\ ~ . ' .) SIGNATURE t--f'.3-o~ ~ :--\ ~ C" 'V\.\-..~, m ~ U.::J~-"1-~ (~ . DEPARTMENT 7 Western edge ofpropoed &ating pier wiD. be 160' from nearest: point in channel as measured in a _ _ . _L . _ _ Westsrly direetioD. _ _ . _t . _ _ .-------------j . -:0 -: Proposed: ; ~ boat lift : i~ Proposed ~12' X 12' i [floating pier ~" ~ ! ! 20' X 14' :::.......L.L-.,: "--17~~ :. ,----, .: II ---l-r-- n ~1" I' I I H S' II... ----..--~~ !l it ~ :: a:, : : II .1-1-. l' -600 . r I. 1 ~-TT-~1 i f'J i i Proposed Ramp 1_. --- ft E . t. ~:: 16 · length M L W ..-----....--.. XJS L TtJ ---.U ..\ - - - - - - ------------- PieJ{---? 1- 1 P~oposed fi~ed - - - - - - - _ _ ------___ I p:l.er extenS:l.on - - - - - _. --- __.::-------. ~'2.' JC S' g pin - - - - - - -'::Cco"=-A:f7w- -=: -1- - - _ M ~W _..,.;..._: '. '_, '. '. COncrete bUlkhead l *' *.~~~*.,:,.,...._*.,.,*.. ...~.: ..>~*.--'~'-':*'-"......".,~ : '~-.~.-.'--.. pin g * * * '. -:..'"'-.-... "C'"" ~ * * * * ~-s~ ::~ --~-t~ * * * * * * . . ~'--~.-.11-~w ~: . *~-"I:_* * * * * * riparian buffer -...7 - * * * * area of vegetation ~ '* * /--- 17' minimum width \ ~ ./ walkway and stairs to dock Notes : 1. ExIstIng piles.... 2. Proposed plies. . .~J 3. ExIstIng structure, "~.:':::'.:.:: :>':. solid lines ....;. :.... :::'.: .>< '~'. 4. Prodashedposed.struc:tulnes re, :'::.:::'.~ :.>.:>:::::.::..:::.:::..... ... "..-.'" "...'" ",-.'" ',- 5. Buller :.:::.:::.~ :.:::.::.,~ :.:(.:~ :.:::~ '.: .- ....... ....... ," .-.', wgetatlon... .~:,:..;._~:.:-.~...~ .~...=...~ .~~' f~/ ;'**' \ ':>{\~:~ri~~~:.>:.:< I' * * \ .;<..:.\.;:.::.(k1~:;<.;<.::.~. *, ~:.....:..~.~.:~..~.~...~..~ ,~...~ '..... ~ ... \,lL. * / ..:.....< ...:......~ :..:....~.: ....:~ ':_ '. .:>".~ >.:: ~* / ...................... ........... ....... ... ........ ...... ......... ..... ..-..... . ___"\l...-" . ." ...~......~:-....::.....::... . '..~ ...:......: ...:~ ..: ...:....; ...... t I '.' '.' . '.' :.' . '.':' '.:' ~ :n:-_">>'> -Af~ ~ lake Wesley Lot 27 CD Purpose: Access and Boat Uft A. P. 0.'5 : 1. T. Pritchard 2. E. Ruffin 49 · Lot 29 Lot 28 o pin ~ 25' 15' 10' 5' 0 , -- I - Virginia Dare Dr. (80 I R/W) 25' I Proposed Boat lift: and pier addition By Griffith J. McRee EXHIBIT A (Plan view) PLAT FOR PROPOSED ENCROACHMENT I I II I , ~~~ ~~'~~~7~ r~"~;1' ';;', 1'0:.'.' ~'''...C) .{~: ,. . '~.y '~;t ~~i~' ;~.: \"~~:~ ~~~/J -;:.,~.._.~..;' o.t 4v" ~#o'l'."",...; .......,.... "" "-- CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance to Transfer $3,000,000 from the School's Instruction Category to the Transportation Category, $900,000 from the School Operating Fund to the School Instructional Technology Fund, $525,000 from the School Operating Fund to the School Equipment Replacement Special Revenue Fund, and $300,000 from the School Operating Fund to the School Cafeteria Fund Within the FY 2007 -08 Operating Budget MEETING DATE: May 6, 2008 . Background: On April 8, 2008, the School Board requested several transfers from the School Operating Fund to the following special revenue accounts: - $900,000 to the School Technology Special Revenue Fund - $525,000 to the School Equipment Replacement Fund - $300,000 to the School Cafeteria Fund In addition, the Schools are requesting to transfer $3,000,000 from the Instructional Category to the Pupil Transportation Category among the State mandated categories. . Considerations: State Code requires that School funds are appropriated in one of six major categories between School funds. These transfers require City Council approval. . Public Information: Information will be disseminated to the public through the normal Council agenda process through the advertisement of City Council agenda. . Recommendations: It is recommended that the City Council adopt this ordinance. . Attachments: Ordinance School Board Resolution Recommended Action: Approve ordinance <--~ Submitting Department/Agency: Management Services;<;/ City Manag~ ~. Ci3~ --;.- '-----~~ .~_.,- I I II I 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 TRANSFER $3,000,000 FROM THE SCHOOL'S INSTRUCTIONAL CATEGORY TO THE TRANSPORTATION CATEGORY, $900,000 FROM THE SCHOOL OPERATING FUND TO THE SCHOOL INSTRUCTIONAL TECHNOLOGY FUND, $525,000 FROM THE SCHOOL OPERATING FUND TO THE SCHOOL EQUIPMENT REPLACEMENT SPECIAL REVENUE FUND AND $300,000 FROM THE SCHOOL OPERATING FUND TO THE SCHOOL CAFETERIA FUND WITHIN THE FY 2007-08 OPERATING BUDGET WHEREAS, the School Board has requested a transfer from their Instructional Category to their Transportation Category and from their Operating Fund to their Special Revenue Funds NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the FY 2007-08 Operating Budget is amended by the amount set forth below: 1. That $3,000,000 is hereby transferred from the School's Instruction Category to the Transportation Category. . 2. That $900,000 is hereby transferred from the School Instruction Category to the School Instructional Technology Fund. 3. That $525,000 is hereby transferred from the School Instruction Category to the School Equipment Replacement Fund. 4. That $300,000 is hereby transferred from the School Instruction Category to the School Cafeteria Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day of Requires an affirmative vote by a majority of the members of City Council. Approved As to Content: Approved As To Legal Sufficiency: ~~Q/ I CA10691 R-1 April 22, 2008 SCHOOL BOARD o.nltl O. Edward. ChIlI1llll\ Dislrict I . Cenlertille 1513 Beachview Drive VA Beach, VA 23464 4S5-3551 (h). 717-0259 re) RIta Sweet Sellitto VICe ChalrJllll1 At.Large P.O. Box 6448 VA 6each, VA 23456 418-0060 (e) Todd C. Davld.on At-l3ge 2424 Savannah Trail VA Beach, VA 23456 427-3330 (w) . 285-9409 (c) EIllmI L "Em" Dlvl. Distn:t 5 - Lynnhaven 1125 !.lichaelwood Drive VA Sea:h, II A. 23452 34~911 (h) PItIId. G. EdmonlOll District 6 - Beach 40 1-205 Harbour Po;nl VA 6each, VA 23451 675-0137 (c) Edward F. Fillinger. Sr. AI-Large 412 Becton P\a:;e VA Beach, VA 23452 45&4567 (hI O.n R. Low. 0istJlcI4 . Bayside 4617 Red Coal Road VA Beach, VA 23455 490-3681 (h) Lyndon S. RemlI. Disbict 7 - Princess Anne 3225 Nansemond loop VA Beach, VA 23456 630-6102 (e) Sandra SmItII.Jon.. Disbict 2 - Kemp$vnle 705 Rcc:I< Cree<< Coun VA Beacll. VA 23462 490-$167 (h) IIIchMl W. Stawut Dislrict 3 - Rose Hall 105 Brentwood Court VA Beach. VA 23452 498-4303 (hI' ~1 (w) CaroIyIl D, W_ Al-I.arge 1420 Oaudia Dri'Ie VA Beacll, VA 23455 4SA-6674fh) SUPERINTENDENT J_ G.llerrIlI. Ed.O. 2512 George lAa$on Drive VA Bea:h, VA 23456 263-1007 ~>IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION REGARDING FY 2007/08 SPENDING PLAN AND REQUESTFORCATEGOR~ALTRANSFER WHEREAS, On April 8, 2008. the Administration presented to the School Board a mid-year review of the FY 0708 Operating Budget which indicated that approximately $6,800,000 of $707,162,127 or 1.0 % of the FY 07/08 appropriated funds were available; and WHEREAS, on April 8, 2008 the Administration made recommendations regarding the uses of the FY 07 f08 available funds; and WHEREAS, the administration recommends that the $6.8 million be allocated as follows: . $ 3,000,000 for the Bus Replacement Cycle . $ 900,000 for Instructional Technology Replacement Cycle . $ 700,000 for Curro & Instr, materials, standardized reading assessment, online HealthIPE malenals, tech. upgrades. laptop replacements, technology needs-Landstown HS Academy, software FASST Math Enterprise Edition . $ 700,000 for Classroom projectors & printers . $ 525,000 for School Equipment Replacement - replacement copiers/printers . $ 300,000 for Food Service replacement equipment . $ 200,000 for Distance Learning Lab upgrades '. $ 200,000 for SharePomt Portal 2007 upgrade for students, teachers, administrators " $ 175,000 for School Server UPS upgrades and Tape Vault/Safe " $ 80.000 for Custodial Equipment .' $ 20,000 for Demographics office replacement computers/printers and a large 'format plotter; and WHEREAS, the Board approves and affirms the recommended uses of the FY 2007/2008 Operating funds as presented by tlle Administration; and WHEREAS, categorical transfers are necessary to facilitate some of these purchases; and WHEREAS, any transfer of funds between categories must be approved by City Council prior to transfer and expenditure of ftnds by the School Board. N:>w, therefore, be it RESOL VEO: That the Board approves and affirms the recommended uses and directs the Administration to proceed with e)pending/encumberingJlransfening items that do not require a categorical transfer; and be it further RESOl VEO: That the Board requests the City Council to approve categorical transfers as follows: . $ 3,000,000 from Instruction to Transportation . $ 900,000 from Instruction to Schoo/Instructional Technology Fund - Fund # 108 . $ 525.000 from Instruction to School Equipment Replacement Fund - Fund #107 . $ 300,000 from Instruction to Cafeteria Fund - Fund #114 and be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clertt of the ~ is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City M~. "*,!he Gily .c.~rk. ~~...: '" {~ ~' . ~ .. :, .; .. Adopted by the School Board of the Ci f Virginia Beach this 8th day of Apttr:~:::1 . ., ~. ..... ..~ SE:Al " j ,$ Attest: .L!:.~p.~ Dianne P. Alexander, Clerk of the Board School Administration Building · 2512 George Mason Drive · P.O. Box 6038 . Virginia Beach. VA 23456-0038 I I II I ~~ Q~~ <,(fl~;I;-' ..:t~ (i-' '" .. .).} <=: :" -- 'iZ' ('-'i . r~>> c"'~ . :~) ~~~~. ' li/ 't.::.,..,,,,,,,,~"''''''J ~.~-:;/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Setting a 10% Goal for Minority Participation in City Contracts MEETING DATE: May 6,2008 . Background: In 1995, in furtherance of City Council's commitment to its estabiished policy of equal opportunity and nondiscrimination in City procurement, City Council enacted City Code provisions to help ensure that minority-owned businesses are made aware of City contracting opportunities. At the same time, Council created the Minority Business Council ("MBC"). Among other things, the MBC was tasked with providing advice and information to City Council regarding minority participation in City contracts. Earlier this year, the MBC delivered its annual report to City Council. The MBC noted that contract awards to minority businesses in FY07 accounted for 6.5% of goods and services contracts, 1.7% of construction contracts, and 0.0% of architectural and engineering ("AlE") services contracts. . Considerations: This resolution establishes the following goal: that 10% of the City's competitive expenditures be made to minority-owned businesses within one year of the adoption of the resolution in each of the three categories they addressed in their annual report: goods and services, construction, and AlE services. The resolution requires that in attempting to meet this goal, the City shall take all steps necessary to facilitate and ensure the participation of minority-owned businesses in the City's procurement processes, but the City also shall fully comply with state and federal law, and no preference or set-aside of any kind may be given to a minority-owned business. The resolution places special emphasis on construction and AlE services contracts, and it requires the City Manager or designee to make quarterly reports to the MBC, and semiannual reports to City Council, regarding the City's progress with respect to the goal. . Public Information: This item will be advertised in the same manner as other agenda items. . Attachments: Resolution Requested by Councilmembers Villanueva and Dyer II I Requested by Councilmembers Villanueva and Dyer 1 A RESOLUTION SETTING A 10% GOAL FOR MINORITY 2 PARTICIPATION IN CITY CONTRACTS 3 4 WHEREAS, City Code 9 2-224.1 defines a "minority-owned business" as: 5 6 A business or other entity that is at least fifty-one (51) 7 percent owned and controlled by one (1) or more socially 8 and economically disadvantaged person(s). For purposes of 9 this definition, the term "control" shall mean exercising the 10 power to make policy decisions and being actively involved 11 in day-to-day management. Such disadvantage may arise 12 from cultural, racial, chronic economic circumstance or 13 background, or other similar cause. Such persons include, 14 but are not limited to, Black Americans, Hispanic Americans, 15 Asian Americans, Eskimos, and Aleuts. 16 17 WHEREAS, City Council is committed to the City's established policy of equal 18 opportunity and nondiscrimination in procurement, and supports economic 19 advancement for all of its citizens; 20 21 WHEREAS, City Council reaffirms the City's policy of encouraging the 22 participation of minority-owned businesses in City procurement activities; 23 24 WHEREAS, City Council also supports the City's efforts to continue to ensure 25 that procurement opportunities are available to all persons, regardless of race, religion, 26 color, sex, national origin or handicap; and 27 28 WHEREAS, the establisbment of a goal for minority-owned business participation 29 in City contracts will convey the importance that City Council places on ensuring equal 30 opportunities in City expenditures and procurement activities; 31 32 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 1. That City Council desires to increase minority-owned business 36 participation in City contracts and therefore resolves that the City shall aim for the 37 following goal: that ten percent of all of the City's competitive expenditures be made to 38 minority-owned businesses within one year from the date of adoption of this resolution, 39 and that the ten percent goal shall apply to each of the following three categories 40 individually: goods and services; construction; and architectural and engineering 41 services. 42 43 2. That in attempting to meet this goal, the City shall fully comply with state 44 and federal law, including both the equal protection component of the due process 45 clause of the Fifth Amendment to the United States Constitution and the provisions of 46 Virginia Public Procurement Act, which means that although the City may and should 47 take all steps necessary to facilitate and help ensure the participation of minority-owned 48 businesses in the City's procurement processes, no preference or set-aside of any kind 49 may be given to a minority-owned business when determining which bidder or potential 50 contractor shall receive a City contract. 51 52 3. That this goal shall apply to all expenditures of City funds for which there 53 is competition by businesses, but shall not include expenditures for (1) debt services; 54 (2) utilities or other goods or services for which a single business or corporation has a 55 legal monopoly; (3) salaries and fringe benefits; (4) documented sole-sourced 56 procurements; and (5) real estate purchases, leases, or rentals. 57 58 4. That special emphasis shall be placed on increasing minority-owned 59 business expenditures in the areas of construction and architectural and engineering 60 services, which are two areas in which City expenditures to minority-owned businesses 61 have been especially low. 62 63 5. That any business that has been certified by the Virginia Department of 64 Minority Business Enterprise as a minority-owned business pursuant to the 65 Commonwealth of Virginia's Small, Women and Minority Owned Business ("SWaM") 66 Procurement Initiative is a "minority-owned business" for purposes of this resolution, but 67 a business that has not chosen to obtain state certification may nevertheless be a 68 "minority-owned business" for purposes of this resolution, so long as the business 69 meets the City Code's criteria for a "minority-owned business" (as reproduced above 70 and as set forth at City Code S 2-224.1 ). 71 72 6. That the City Manager or designee shall report the City's progress with 73 respect to this goal to the Minority Business Council on at least a quarterly basis, and 74 that the City Manager or designee shall make progress reports to City Council on a 75 semiannual ba:5is. Such reports shall include a break-down of awards and expenditures 76 for both Capital Improvement Programs and non-capital expenditures. These reports 77 shall form the basis for an annual evaluation, to be presented to City Council, of the 78 City's progress toward meeting the goal. 79 80 7. That the City Manager shall ensure that all department directors and all 81 other officers and employees with delegated procurement authority are made aware of 82 this resolution and the expectations of City Council that are expressed herein. 83 84 Adopted by the City Council of the City of Virginia Beach, Virginia, this 85 day of , 2008. II I APPROVED AS TO LEGAL SUFFICIENCY: ;e~ City Attorney's omf- CA 10626 R-10 April 8, 2008 II I K. PLANNING 1. Application of NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC. for the Modification of Conditions (request approved by City Council on November 23, 1993 for Donald G. Pratt) at 2244 General Booth Boulevard. DISTRICT 7 - PRINCESS ANNE DEFERRED RECOMMENDATION FEBRUARY 26,2008 APPROVE 2. Application of JOHN SARGENT for the Expansion of a Nonconforming Use at 203 62nd Street re alterations and enlargement of the dwelling. DISTRICT 5 - L YNNHA VEN DEFERRED INDEFINITELY RECOMMENDATION FEBRUARY 12, 2008 APPROVE II I NOTICE OF PUBLIC HEARING V:rginia Beach City Council will l11eet in the Chamber at Gnv Hail. Municipal Center, 2401 Court!louse Drive, Tuesday, May 6, 2008, at 6:00 p.m. The followinf t;pp!ications will be l"leard: DISTRiCT 7 - PRINCESS ANNE Nimmo ChildCare & Resource Learning, Center, lnc, :\pplication:. Modification of Conditions for a request ;ipproved by City Council on November 23, 1993 (Donald G. Pn:ltt) at 2244 Genera! Booth Boulevard (GPIN 2414066572). f\ICUZ is 65-70 dB ldn. DISTRICT 5 -lYNNHAVEN Jolln Sargent Application: Expansion of G; ~Jcnccnforming Use at 203 62nd Street (,GPIN 241972339802C3). ,"\11 interested citizens are invited to (-lttend. Ruth Hodges Fraser, MMC City Clerk Copies of the pmposed ordinances, r,::sclutions and ornendments are on file ,md may be examined in the Department of Plannmg or online at htm;LLWW]!f-,ybgov.com/pc For infor;llation c,~1I 385-4621. If you 21re physically disabled or visually impaired and need assistance at this meeting, please call tIle CITY CLERK'S OFFICE at 385-4303. BCclccn April 20 8, 27, 2008 13610408 II I NIMMO CHILDCARE Map K-ll M" Not to Scale (HeD) Nimmo Church Modification of Proffers Relevant Information: · Princess Anne District · Applicant requests a Modification of Proffers to allow for the operation of a child care education center. · Proffer #2 of the 2005 Rezoning of the site does not allow for child care, and thus, the need for the modification. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0). Consent agenda item. · No opposition present at hearing. II I - 33 - [tem II-J 1 c PUBUC HEARING ITEM # 37437 PLANNING Attorney Clulrles SaUe~ 192 Ballard Court, Phone: 490-3000, represented the applicant Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOn'ED an Ordinance upon appliCiJtion of DONALD G. AND SANDRA G. PRA77 for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPUCATlON OF DONALD G. AND SANDRA G. PRA1T FOR A CONDrrIONAL CHANGE OF ZONING DISIRICT CLASSIFICATION Z011931401 BE rr HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA. BEACH, VIRGINIA. Ordinance upon application of Donald G. & Sandra G. Pratt for a Conditional Change of Zoning District Classification from R-20 Residential District to 0-1 Office District on the east side of General Booth Boulevard, 7605 feet north of Princess Anne Road. The proposed zoning classification change to 0-1 is for office land use. The Comprehensive Plan recommends use of this parcel for single-family residential at densities that are compatible with single-family use in accordance with other Plan policies Said parcel is located at 2244 General Booth Boulevard and contains 1 acre. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be elfe.ctive in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third Q.f November. Nineteen Hundred and Ninety- Three. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parlcer and Vice Mayor William D. SesSQms, Jr, Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. November 23, 1993 ~ FINE, FINE, LEGUM & MCCRACKEN, LLP MORRIS H. FINE M. MICHELLE P. MCCRACKI:rN GREGORY R. McCRACKEN ATTORNEYS AT LAW PAVILION CENTER 2101 PARKS AVENUE, SUITE a01 VIRGINIA BEACH, VIRGINIA 23451 TELEPHONE (7~7) 422-1678 FACSIMILE (757) 422.0865 LOUIS 8, FINE (1904-1998) HOWARD I. LEGUM (1922-1993) Apri115,2008 via e-mail: ctyt~ncl@vbgov.com To the Honorahe Members of the Virginia Beach City Council Re: Nimmo Child Care and Resource Center Conditional Use Permit Application April 1, 2008 Dear Ladies and Gentlemen: I represent Nimmo Child Care and Resource Center, Va Nimmo Day Care. I enclose a very interesting article from the March 30, 2008 edition of The Virginian Pilot. Virginia Beach has far more births then day care availability. There is a great need for day care. I will be representing Nimmo Day Care on May 6,2008 and hope that you will support the conditional use permit. I will be available to answer any of your questions prior to May 6, 2008. Yours very truly, ~ fJ. '7J MORRIS H. FINE MHF:aak cc: Ms. Karen ProchiIo - Via Telecopier No. 385-5667 Mr. Donald G. Pratt Ms. Ann Kaplan 757-427-6767 p.3 Apr 07 08 09:48a , Oonald G. Pratt .l'lI) .... .. .....r ..~.. '-~ ........ !t;'C' ..j;.' Er ,. . Z .U)-. <> Ul u.' ...........iz 1(5'; ..IQ..C">' . :." ..:ftJ1.:' .'.:: ....~ '. . "jQ'O~:' . u.. >-\ '''-:'':,11'.' .::u-. '.>.~. .~ . . ... " ., : :~. .. _ :. .s::. - . '..'~ IX .. IIi' .gg', ~ '.. ):...g :e' ~ . <D n.. 'Q.)" .::.'~:'~'.;> -0 .~':Q '. ,.... .... r- 0). > .:~::..:.O ~"j~ ~. "m:: ' 'jft'~ b:"~ z'::. . V.,.::a' g ~ ..' . :i=. :~C( O' :: :8.~ .~ }.,z~. . . .'.: ~.e ~ . \11'-': ~ .- .0 .It C'" U 'E I :;:; A . . 0 ~ ~ ..... .' 0 .2 ..... a.. ..' '. r- r.n: en ~~~ ',' ',' t;:. ... s:,. . ~.1" \:i.'.:' ~ ',$".' ;::;.~" . '~'l'. . :{'~'.: i 'j:' :c - . ... .... : ' ~.'" ....... Iii. Ie ..' . Co) . .' ;.; a :.;.t.:.::;. .:i\' ~.'. .<~-~;: :.... .... . :06: ~:i':~ li, .... ';1; . e "1 ......, ~ .' 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'.;. .J:;.c. ....CIlO;c~.lI:Ct...O).c. cp c....""..... " ,,; E 10 ~ '" " " .>>'10' s".l\ ,,~l!. e :;; l! "5 e -Ii Ii ". :.c-' J:. . o.s S lIS '" ~ ~ 0 ::>0. C ~. 0 or s:; QI \p. ~.r:.:=::: '" QI'.s; 40,"";'" . . ... (SJ,Jo.._O..s:::",,-;:.....-.......... 1->-" "'... iIS CS 0.."''''' u. ......~.. - . . . . .. . . _.--.~.~. Apr 07 08 09:4~a Donald G. Pratt 757-427~767 p.4 ~:~:~t',~ll)nJ!l)" N~\I'S !lJ3..3i:oa: I 'r:HlS;IRGINIAN-PiLiJT I_$>A~E 15":~ '. ... ..~~~A~I fy~[n1?er OJbtrthsin Hainpt;()1'll1oaIJKh;u.~ been rL<;ing - .... '..... . . care' ::p~~~am~ fu":S:.b~ih::. '.; .H;~P.tmiR,Qads offer C:a:l:l!H~.:'" ';;.;:_.,: . ' 'babIeS ~r~ger:t~ l~ mciilthS," '. tJ\~,:.::;:;: ~'~;~.,.:'~ . ~cc.ording~o-a2006st1idycom- .,',. :.., . miss~oned ~y Smart Bl~in-. _ ", DingS Sollth Hampton'RI3ads, ..' '. . the latest vear for which sta- : tistics ar~ :.available..:~ A bOQt .: I 1!05~:Pfogr.uns OpeiatHll the'.'. I five cities. . '. .... I .' :Tbatad,dedupt."Q~uU,40(} .f.':::::;:': <:"" ',' '., . .'spaces.ontheSouthside, t\rh~:~~~(:i. :<..:.... . :mor:e.tban 16.400 babies wer~.:: . ';:': ::...: '. boriiii:i:2tlOO,'.:. . . '.::.........ti;::;,';.....:.... . .ul~~c;..t~e:oa:~r ;~~g;; ~~ . ::.(~::~,~.::.~.;~~.:. been on an: upSWlQgr'8S It bas .. .;;;;~;'. .. geens~;Suff9Jksa:Wan.::"~.'~~'< . .'. ." '. 'mcrease;ofnear:t!'25.pet'ceriti:-: ;....:-::.,. :;a.d>. .. .~. , ..: i'i=~~~~~~~~r~~h~~<<;~~'/:'I ;' '7"\~::~~'~::'::iFj~::~:'" : . .,oe$s.ed.the.b~.firstPan~;. .:. i::, "Ther~'s J!!~t~ hugej~lwge'. ,L::'.~ ,'-'", "'.. . need l'oJ::qiIa:l.ity infant.cHre;~" . k:~ '.: -. ~. saiaK..iistaRiddickltbe'cilr~. 'f~.,.", '"' ... -.. . tor'of Main Street Day .e?1'e.. '. S'Il'PtiENM.KATZl'HOTOSIT>'EYIR"INt"".PILC in. Su ffelk,; where theoext'.. Troy, 8 months, gets fussy and Nfu5eS to eat hblunch at Main Street Day Care in Suffolk last week. 'avail;;jhle:~fari.tspat is ~. Jwy : '; Demand fM'infant care at the cen.ter is $0 nigh that tile nul: av;QlabI~ 510' Is in JuI)I 2009. 20(19........'-:.:. :'. :..... . Not'an babies will'compete : '. forslots;so.mewillsta}fatl::ome. . . with theirmothers or relatives. . ". a hurdle 'Ot~e:s .~~il spend ~onths on a . Directors ~y infants are harder " waltmg ~lSt. I~ tbelI'. par:nt~ .' to place ill day care because the ,~ luckY..lD.C)st of that 1~e.< state requires at least one adult . . Will, pass 'before't;be new]lOl'D. '.1...:._'" 'fa" ':.J.:U'.L.:. .. . .. ! , ...... .... . .," ..-. lUTevery ur",. w~nyoun!ler _: arnves;'-.: :". .'. .... .... '.' than16monthsold . . '<l'!':have: on. two oc~sions..:': . . .. . . . .foUrid ou.t,.tbe..riioin 'was'pr.eg,,:,: _: ',liarit'befOre. the dad.4id,'!'said:' . . . ., . . JeanRockwell, director ofN'or-.... her status as an Old Domin- . folk?.s 1\1ustai:tJ.seed Chilci Care' ',' ion graduate and an alumnus . Cent~, where the infantrol)m's. 'of the university's 'cl:Jild care Waiting list exceeds 90,,:' center would workin bel' favor . . Directors say iniants'.arewhen she sought care for her ;. harder to' place because. the..' daughter duriDg ber materni- '.'~'. ;.sta~ telFln-es at:least ~me'll d'illt: .: . ty leave in fall 2006. Also. her . '. ';fOi'e:vei:Y'fow: auKlreIiYOwlger. :: .: ,i'ncle is an adjunct professOr :thanlQ.mPn~old;Tbat~~-.::-~9DU. . .' '. . :: : iri!anfdasscs':retid TQ &,e StiiaJJ.;... Y- It'didiJ"t.mitner.... . . ..-,: j~. :' eil:l.1@oilieip~c4001~~5/';. U1timat~; Crockerde<:ided. /.... wner.e t;I:1ereqtriredtati9 ~..l:".. to stay bQlD.e- an4 c~re f~r her.. to 10. .' . . daughter and to serveasanan- Because of the stricter stan- .' ny for another infant because da.rds; infant rooms often lose. shecollldll'tfindanotheroption . money. said:T,oniC~cace~~es,-..:.:shelikedmore.. . 'h~;<;l:J.i~.E;Keciltiveof~i:;hI:~ ... "r was a~.xi.ety-ridden." '. .P].acesand,~pgr8msfol'J~hil- . Croclrer,32. saicL "If I had . dr.en.. wmCh'operateSfour(:hil-. known it would take eight or. - ....i:ire!'l~.~Qlir.child:du'ei~eD~ ..nine. months'to get mycltild . ,..tel~s.m:SO~$){aii1ptonR.9jlas:. :.into day Cl!ie, I WOOldhayebeen _?r.he,~g~i$e(iate.[Qr fUll-time.: Jookjrigintri dsy.t:a:re when I gOt . . ,." ,iilf'aotc:ai'ein'South'HatiQ>ton.'.:. pr.~t'.~~ ". .'. '.' . ~ u. : :,~dS' ["~es.~$8ita~"ilQ5~ '.. "Expectant paren~'$- soine~ . a week Oil average, dependng '.' times cry foul ~hen people .~ ..~, .. ." _t' ___ _,.._........_.:11 __ _ _.._:":__1:_. .' ContiJiitedjrom'page i .~. :-::.~ :~~~\r..~ f'. . o;r.. ,- '. ".:....... ~ :~~~:'?~h::rSi;:{;~,$."~'>'. ::~<2:~ INFANT CARE IN SOUTH HAMPTON ROADS Local birth rates are on the r'lse:but local day carellroviders .have room for only afraction oftbe region's infants. . 'slimiS ,,' .IN 2IJIl6. . INF/ol'!T ~FlE .SPACES PaU;S\lTINCREASE IN BiRTH RAii 2cOl CciMPAIlED TO :!006 . Ch~apeake.'-: . . NOrf<llk Portsmouth Suffolk \llrgillla Beach Soutllllamptlln lbtiufs H:.. 2.$io 'G..~~'~:. 100 .... . .. . -M.>_..__._P_...._ _.. 4.036. n~ :. (lSl"b 331 . ~_!:~~~~~ 1.144 1.190 6.567 16A57 197 ..__ .w.?6~.~~.t 1,433 . .6A% 3,441 ~ .sOURCes: VlI!olJlfa P\1par1n1ent of Hiilallh;ii1d ~a.slnrol"ll5 ~Duth Hamplan Itaods VI II II Apr 07 08 09:f{)a Donald G. Pratt "'....v... ,:,~"!^'''''_~U:Io7vu_.... . ,.u,,:ectorssa~{I~rs.aren~l1er> . waiting list. Ifth~ir p_ - ..to piaee.irlday-C:aie bE!cause lh~" are'lucky; 'most Qf that .'e '-:-stare'.reqqlreSatieaSt.oi1ea~uft.. wil~. pas:) '_before the ne om for every fOur(c:hndr~n_:yoi.in~ arrIves. '. ttiai116 months old. .: .. .. _. "I h~v~ " -.... .. _.thasapeake ' found -out. t _..___......~ .OMM nant be~ .. t da did,"_said-.. :. ., '. . . . . .: . . Norfolk , 4,036, 774 '. . '15% .TeanRdch.-w '. ~ofNo.r~'..:.~er,st8tus as:an Ol~ ~o~~~. '_;ri~U;ti'.-_.: .~. L.'~~.-44:::~T.:3..'ii~"-': . iij~i!:;c . . folk'sMus S ed~~care . lO:rl:gi:a.duate,.and.ap,~us.:..: : ....-., .. . ,___._.__. Center ilifaritrooin~s onile Qniversi_ty's cllild care.' .:SUffolk: .:;:. ,":,' ,. - ..' . -:~,~;::;"_:191 .:: --. ,.-,- lX:!!E'.- }' ~ ;.,.""1t't,;~> =."":;.;.,w.:.~:~~ ~;;;.~~ ',', " ,., 6,S&t.' '10433"5;,,% ", ~~ · ha . . t i1aee'bec~uise the: . daughtez:Q~~ h~ :g1~i-:' :.... ~~.~ .'; :J6t1S7,.-.; 3Ml::,::~.tt~ .-------- stae res at least oneadWt tyleavem.fall2006..AlSo~:her ." .::- _ _..., .'~ for four children. younger : uncle ~ an adjunct: prof~~r~.. :5'?~ ~i~T1ia oeparui,ent Of;~ith anrf Smiirt BE9in_n1nS':I SMh Hampton RGlCS vp.. '. mOnths old. Tb.at means at ODU~ .... __ .'.... .'. '.' . . int: tclassestendtobesmall- Itdidn'tmattet".' . '. ...... er an otherpreS4:hool rooms, Ultim.ately~ C:roeker de~ed . ere the required ratkl is 1 .. to stay home.and care~o~ .her .' 010. . '.: ". _ .' . daugbteran4tDser.veas_a~atJ.':' . Beca1iseof;tbe stricter sti:ui;. _nY'Ior.aoo~infan~ ~cause:-'" . d3rds, mf8nt'roomS 9'tten lose:'.' She.cou1dn"tfin:danoth~~:. {: >-"-'- . ~"".",T:." . =;:.~::ei:c.::&~~:~< ~;I~~as~':~ety.-ridde~,~'. :.' .-' l,t:"fit!;<~r,\;\.' Places and-PrtighUDsfo.r Cbij~" -_ CroeJcer;. 32, 'sald~ :f1f.J Iiit_!l: .::, \~~ : :. . dren; Which oPerates.foUr CltiV ':kIiQwD itwol1lcl. take" eight,.or . :,. drenlsH.arl)or.chiiq:~re cen-'_.i1ine'.months ~o 'get tnY.ch:iJd..,' tex:s in South'HainplOIiRoads.' ".'Into day.care,IwouldhavebeeJi '" . ,.The going rate for full-time . looking into day'care whenl ggt. infant care in South H!':UIlPton pregnant." . . . . Roads ranges from $87 to $165 Expee;tant parents. some-. ,1 week on average, depending . times cry foul when p~ple .' lID the city ~d tl.l~ ryp.e o~. . are'allQ'Wed.on a'~g lisp: ! . :;lrovider, l;ccording. to .<!i1oth-' .... befoI:e the)(Ife pregnant.: ". :~ Smart Beginningis report: . '~We juSt i'emiJid them. that '. l:rom 2006. . ." -' no sYsteni.is"perreCt, ., said.Ten-- That coverS only a fraction n.ifer W-H~dY,i!s~ dltec': :)fthetrlle'.ex~nseof.prO-:>tDr:WithChiIdreDtsH.arb~r;.-;-' "... ., " , .... lridin~ the.care,.caC8ce:B~.:: ':who-wonedat ~e:_eellter irf:':'icara.9'morifhs,.'peetS ~one Gf'the~ tors scattered lears sauE.' """ '. :-'i ." N~Jk's GbeJitneighb.Oi'oood.... a~ theRoor oftbe Infant room at Mam street Day care. '"!na p_enect.world, we'Would.,' "'l1l1:im,at~ Wbathappened'is;' - ,e gettiog,p8i'dwhatit Costs~ so':-, tliat~ aec:iOed they.~d~." ,~e'rfrlIo~.I(lsing niori~ Oit.in':':ed:~'beforetoU~'~_":!, :::,::" ,'. _ ants," she.said."ThaPs 190k"'-. - ,.8avVy-parelits'lia.ve1ea:med: . during six weeks ofhermater- I.ri.g atpareri!s bei:iig able 1;Dpay. ''',~o .wDr1l:.:thEi. '~ngles:'.Fo:r':ex~:~ Dity leave, ~en though her son ::300 to $SOq.a w~ for'an in- :.:. am~'$ej)teIliDer'can : be..a-..... will likely be home with her. lant.Howre~leistliatm:::~oC;ltimetc'ijric:La..slot~~s , "Probably it was very for~ 'hiS-market?" . -.' .:' _' :..,' . when .s.ome.~ntets.pro~o~ .'. tuitous that I was having a :EvenparentiWhoai-e able~ . ':'. chUfu.~frOi:ri.~s.l!:tocIaSs, . summer baby that.! could get pay: top'dollarsav: the s~ _,,^,hfch'Can:'~ oi1~:-m, 'into the !all roster," Cross,33, I;; frUstrating.-Some centers .. :infaDh''Ooin~ .'~,:,,: . ::' :'-": ".said. "ItbinklwasmiracuIous- offer s:pace~P:1Y.:.C?~ :~'.~~i"st:';":-'.AmY:cross S8i.d.:.s.~ ~::. oly bless~" :::ome, first-gm~;l>asis;O~':' ::lietA1I,gust 'due.,d_at~ be:IpecC" The struggle for quality.in- . "is .giVe.preference to ~l,ing~ :.:: hetsecar~'a:: place atMus':'~:fant care is beginn,",g m catch Jf children alreadyatteDding '..tard 'See<:L She's.On the Ceri~tbeattentionofwould-beentre- J ro. ~o congregation meDlbel's .:- . fer's boarctand':has :anotlier ~preneurs. . . . '-.the center is af1'!Jia~edWit:l(; '~hUd enrolled:-ther~bU1:.:~.' ',. In the past six mODtbs, Smart lcfiurch. .' . --:.' ',_'-:' "'-.. -still'waited three.m'Oritbs be-':..BegiJmingshasfieldedat1east Even parents-withConnec~ : :fore he~g she'd probably. 'seven calls from people inter- lOns are sometimes shut ~t. ./ ;.bave'a spot...., ... ':... -' -- .ested in starting. local centers . Amy JeIer. (157) 446-2730, Leslie ,'qro~~r.. th~right " . She.mar.;hav.e.to'Pw,tuitiori.withinfantcar~,ExecutiveDi- amy,jetl!r@pilofcmnrte..com 757-427-6767 p,5 . L.U\'WU.. UI Icw:::;) Cllt: UlI U~ [l:Se, puuucat (Jay care provlOers -have room far only a fra~iOn ~f ~he:rl:giOn~s. infari~~.. . . ", . ..... .' . . < lNi=ANT, '.' . l'EIlciNT 1Nc'iIEAsE" . BIRTHS CAriE '.IN gIRTtlRATE.200: IN.:lOo6',:::' ~Ace; . .COllAPAi'!EO TO ::ClC, 2;920',. .: ioo . . . ", /~t:J~~"" -, '. ~. --. . '.:~" ,- :::,j . rector Lisa Howard said. One new addition will be a preschool af("iliated with the' Episcopal Church of the As- cension in Norfolk. The cen- ter, opening this fall. will ini- tially serve 20 children from 6';lIeeks to 2 years old, before adding classes for alder chil- dren later. '. "People are just desperate for child care," said Donna Killmon, chairwoman of the church's day school commit- tee- II!t will help." - ....--.---.:...;.........~~:~.._~.:.~.:-. ..~: '- .~_., _:-: .~.... ~.~_.. , I I ~.....a... ,.~.\i-Vl~~~ ;';:':::::'r.t~;. f~:::f,W CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Nimmo ChildCare & Resource Learning Center, Inc. for the Modification of Conditions for a request approved by City Council on November 23,1993 (Donald G. Pratt). Property is located at 2244 General Booth Boulevard (GPIN 2414066572). DISTRICT 7 - PRINCESS ANNE. MEETING DATE: May 6, 2008 . Background: The City Council deferred this item on February 26, 2008 to allow the applicant an opportunity to gather additional information in response to issues raised by City Council. The applicant has compiled an information package that is being provided to the City Council separate from this report. The current request is to modify Proffer 2 of the 2005 rezoning to permit childcare facilities on the property. The existing proffers permit business offices; medical and dental offices and clinics and laboratory; legal, engineering, architectural, and other professional offices; accounting and bookkeeping offices; and florist retail uses. The applicant desires to operate a child care and child education center from the existing structures on the site. . Considerations: Since Proffer 2 does not allow childcare or educational facilities on this site, the applicant is requesting to modify Proffer 2 to include these two uses, which normally are permitted uses and do not require City Council approval within any Office or Business District in the city. Since this site was conditionally rezoned, however, the applicant's proposal to provide a commercial child care on this site requires City Council to review and approve the modification of the proffers. The site layout and the buildings will not change. There are two (2) buildings on the site. The "main" structure, a former single-family house, will house a "Resource Learning Center" for children ages Kindergarten through 5th grade. Before and . after school care, school breaks, and summer programs are all proposed in this building. The building in the rear yard will be for infants and toddlers up to school age. Both centers will operate from 6:00 a.m. to 10:30 p.m. The Comprehensive Plan recognizes this site to be within the Primary Residential Area, Site 4.2 Nimmo Parkway / General Booth Intersection Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic Nimmo Childca"e & Resource Learning Center, Inc. Page 2 of 2 quality of the stable neighborhoods located in this area. Within this particular area, "Future land use, site design and building architecture should complement the historic character of the area as defined by Nimmo Church" (page 106). The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The request is compatible with the residential uses in the vicinity as well as the business areas to the north. It is likely that many of the children will come to this daycare from the surrounding neighbc rhoods. The site is located in the 65-70 AICUZ, and the use is , considered conditionally compatible with sound attenuation features incorporated into the buildings' renovations. Quality daycare is an extremely important service for working parents. The proposed child care facility will offer hours beyond the typical work day for parents who work in the evening and early morning hours. The applicant has also worked with Public Works / Traffic Engineering staff to develop a "safe traffic program", and has proffered that "the daycare and before/after school program drop-off and pick-up shall be scheduled in a manner to limit tl"affic entering the site to no more than 35 trips within anyone hour time frame." The applicant has stated and proffered their commitment to educate the staff and parents on the importance of the program to ensure safe ingress and egress of the property. The Planning Commission placed this item on the consent agenda because the use is consistent with the recommendations of the Comprehensive Plan, the recommended conditions will insure compatibility of the use with the surrounding area, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request as proffered. . Attachments: Staff Review Disclosure Statement City Council Minutes from February 26, 2008 Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval Submitting Department/Agency: Planning Departmen~ City Manager: <::::~N~~ k, ~~ , I I NIMMO CHILDCARE & RESOURCE LEARNING CENTER, INC May 6, 2008 City Council Public Hearing Staff Planners: Karen Prochilo REQUEST: Modification of Proffers of the Conditional Change of Zoning granted by the City Council on November 23, 1993 and approved by City Coun~il for modification on November 22,2005. ADDRESS I DESCRIPTION: Property located at 2244 General Booth Boulevard GPIN: 24140665720000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 41,991 square feet SUMMARY OF REQUEST The property was conditionally rezoned to 0-1 Office District in 1993. On November 22, 2005, the City Council approved a modification of the proffers submitted with that rezoning. In 1993, the existing two-story barn located in the rear yard was slated for removal. The recent modification in 2005 removed that condition and revised the proffers to allow the existing two-story structure to remain and be expanded. The current request is to modify Proffer 2 of the 2005 rezoning to permit childcare facilities on the property. The existing proffers permit business offices; medical and dental offices and clinics and laboratory; legal, engineering, architectural, and other professional offices; accounting and bookkeeping offices; and florist retail uses. The current, 2005 Conditional Zoning Agreement has the following seven (7) proffers: NIMMO CHILDCARE May 6,2008 City Council Page 1 PROFFER 1 : When the property is developed, it shall be developed substantially as shown on exhibit entitled "Preliminary :_ayout Exhibit A General Booth Office Building" dated July 27,2005, prepared by Site Improvemen1s Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The use of the property shall be limited to (a) business offices; (b) medical and dental offices and clinics and laboratory; legal, engineering, architectural, and other professional offices; accounting and bookkeeping offices; and (c) florist retail; all in accordance with a conditional zoning duly approved by the City Council of the City of Virginia Beach. PROFFER 3: Access to the Property from General Booth Boulevard shall be in accordance with the Deed of Easement and Agreement dated December 16, 1991, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, in Deed Book 3055, at page 2018. PROFFER 4: Lighting on the Property shall be directed inward and not toward surrounded property. PROFFER 5: The existing residential structure shall be maintained and exterior improvements of any structure located on the Property will be constructed and maintained in a manner aesthetically compatible with the adjoining residential uses and with Nimmo Church. PROFFER 6: Provide privaGY fencing along the southern property line adjacent to the residential property. PROFFER 7: 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. As previously stated, Proffer 2 did not include childcare or educational centers as an allowed use on this site. The appl icant is requesting to modify Proffer 2 to include these two uses, which normally are permitted uses and do not require City Council approval within any Office or Business District in the city. Since this site was conditionally rezoned, however, the applicant's proposal to provide a commercial child care on this site requires City Council to review and approve the modification of the proffers. There are two (2) buildings on the site. Both buildings on the site have undergone a plan review to insure compliance for commercial use. Both buildings are currently undergoing renovation to bring the original structures up to Building Code requirements for commercial use. The "main" structure, in the front Qf the property is approximately 4,800 square feet on two floors and proposed for a Resource Learning Center for up to 50 children of Kindergarten through 5th grade age. Before and after school care, school breaks and summer programs will be offered in this building. The 5,002 square foot building in the rear is proposed child care for infants and toddlers through pre-kindergarten. This two-story building is in renovation to achieve a desired enrollment of up to 88 children. Based on State regulations, both centers combined will have more than ample space for up to 138 children. The proposed operating hours are from 6:00 a.m. to 10:30 p.m. Monday through Friday. NIMMO CHILDCARE May 6,2008 City Council Page 2 I I LAND USE AND ZONING INFORMATION EXISTING LAND USE: Dwelling and detached garage under renovation for proposed day care facility SURROUNDING LAND USE AND ZONING: North: South: East: West: . Single-family dwelling zoned for office use I 0-1 Office District . Single-family dwellingl R-20 Residential District . Undeveloped land / AG-2 Agricultural District . General Booth Boulevard, multifamily, single-family dwellings I A-18 Apartment District, R-20 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Southern Watersheds Management Area. There do not appear to be any significant environmental or cultural resources on the site. AICUZ: The site is in an AICUZ of 65-70 dB Ldn surrounding NAS Oceana. The use is deemed to be 'conditionally compatible' with sound attenuation measures incorporated into the building. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): General Booth Boulevard in the vicinity of this site is a four-lane, divided, minor urban arterial. There are currently no CIP projects for this section of General Booth Boulevard. The MTP indicates a future right- of-way width of 165 feet containing a divided highway with bike path, controlled access, and scenic buffer. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume General Booth 37,500 ADT 26,00 ADT (Level of Existing Land Use L - Boulevard Service "C") - 34,500 ADT 296 ADT 1 (Level of Service "E") Proposed Land Use 3 - 448 ADT , Average Daily Trips 2 as defined by general office uses 3 as defined by commercial child daycare facility WATER: There is an existing water meter that may be used or upgraded. There is a 16-inch City water main in General Booth Boulevard. SEWER: City gravity san'itary sewer is not immediately available. Private grinder pumps and extension of a force main may be an option. NIMMO CHILDCARE May 6, 2008 City Council Page 3 Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below, EVALUATION AND RECOMMENDATION Comprehen:;ive Plan: The Compre.1ensive Plan recognizes this site to be within the Primary Residential Area, Site 4.2 Nimmo Parkway / GEmeral Booth Intersection Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area, Within this particular area, "Future land use, site design and building architecture should complement the historic character of the area as defined by Nimmo Chur,:h" (page 106). Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The request is compatible with the residential uses in the vicinity as well as the business areas to the north. It is likely that many of the children will come to this daycare from the surrounding neighborhoods. The site is located in the 65-70 dB Ldn and is considered conditionally compatible as long as noise reduction features are incorporated into the buildings' renovations. Quality daycare is an extremely important service for working parents. The proposed child care facility will offer hours beyond the typical work day for parents who work in the evening and early morning hours. The applicant is working with the'Department of Social Services to become certified through its program. Staff's conclusion is that the converted two (2)-story, single-family dwelling (4,800 square feet), and the structure under renovation in the rear (5,200 square feet) are of ample size to accommodate the request of up to 138 children. To some, this number may, at first glance, appear high; however, it is below the maximum number allowed by both the Building Code and the Department of Social Services. The application in:Hcates that the Infant Care Building (the structure to the rear) will not exceed 88 infants and toddlers and :21 staff at anyone time. The Department of Social Services would actually permit up to 150 occupants in the Infant Care Building. The Before and After School Programs (in the building closest to General Booth Boulevard) will not exceed 50 school-aged children, with no more than ten (10) staff at any one time. Again, the Department of Social Services would allow up to 107 occupants. Based on the interior building layout, the Department of Social Services ultimately determines the maximum number of children based on the square footage of play and sleep areas; office space and kitchen areas are not included in this count. The ratios are 35 square feet per infant and 25 square feet per school-age child, Standards for Licensed Child Day Center, as required under the State Code (22 VAC 15-30-440), for staff to child ratio <Ire as follows: one (1) staff member for every four (4) children age birth to 16 months; one (1) staff mem oer for every five (5) children age 16 months to two (2) years; one (1) staff member for every 10 children anes two (2) years to three (3) years of age; one (1) staff member for every 12 children four (4) years of age to the age of eligibility to attend public school (five (5) year old by September 30); one (1) staff member for every 18 children from age of eligibility to attend public school through eight (8) years; and, one (1) ~~taff member for every 20 children from the age of 12 years and older. The applicant has been working with Traffic Engineering staff to develop a "safe traffic program" and has proffered that "the daycare and before/after school program drop-off and pick-up shall be scheduled in a manner to limit traffic entering the site to no more than 35 trips within anyone hour time frame." The NIMMO CHILDCARE May 6, 2008 City Council Page 4 I I applicant has stated and proffered their commitment to educate the staff and parents on the importance of the program to ensure safe ingress and egress of the property. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (~107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it shall be developed substantially as shown on exhibit entitled "Preliminary Layout Exhibit A General Booth Office Building" dated July 27, 2005, prepared by Site Improvements Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The use of the property shall be limited to (a) business offices; (b) medical and dental offices and clinics and laboratory; legal, engineering, architectural, and other professional offices; accounting and bookkeeping offices; (c) florist retail; and (d) educational, child day care facility, before and after school care, children summer and non-school day programs; all in accordance with a conditional zoning duly approved by the City Council of the City of Virginia Beach. PROFFER 3: Access to the Property from General Booth Boulevard shall be in accordance with the Deed of Easement and Agreement dated 16, 1991, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, in Deed Book 3055, at page 2018. PROFFER 4: Lighting on the Property shall be directed inward and not toward surrounded property. PROFFER 5: The existing residential structure shall be maintained and exterior improvements of any structure located on the Property will be constructed and maintained in a manner aesthetically compatible with the adjoining residential uses.and with Nimmo Church. PROFFER 6: Provide privacy fencing along the southern property line adjacent to the residential property. PROFFER 7: The daycare and before/after school program drop-off and pick up shall be scheduled in a manner to limit traffic entering the site to no more than 35 trips within anyone hour time frame. A right turn lane is required if trips entering the site exceed 35 trips within anyone hour time frame. PROFFER 8: Grantor will develop a scheduled drop-off at the facility commencing at 6:00 a.m. NIMMO CHILDCARE May 6,2008 City Council Page 5 PROFFER 9: Grantor will internally develop a safe traffic program and educate the staff and parents on the importance of the program for the safety of the children within their care as well as a safe ingress and egress from the property. PROFFER 10: In the even1 of the sale of the daycare and/or property, Grantor will disclose all proffers and approved site plan conditions to any potential buyer, which disclosure shall be acknowledged by the buyer in the purchase and sale agreement. PROFFER '11: 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 requiremenls. ST AFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project, enSIJre its compatibility to the surrounding area, and provide measures for traffic safety. The City Attorney's Office has reviewed the proffer agreement dated January 16, 2008, 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 appJ'icable City Codes and Standards. The applicali1t is encouraged to contact and work with the Crime Prevention Office within the Police Department ;ror crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NIMMO CHILDCARE May 6,2008 City Council Page 6 I I " (W"~~~.) "-- "'..--....,.....-. 1/. " , " , . ~ " 1'I(f}' .' , ", .' _::'0Ill:l .-.. WODT ,~ I'tIJIICD M.IIIIdC. :: .... """'- -~~ ! ....' 1 .. " .~~ .' ;J :r_ ...... .......otI' " .' .....---.. -.- ,~".- ~ ~ " ,. t' ; JI~~~"" .... .. ~. ~ ~- 'i 3- ~ .' !~ ::;- -~=-:- ~--- }IV J. )1P'__ ~ a. :r--'; -- :a ., ~ SITE DATA: ' ~.. TrlE SUBDiViSION PLAi FOR THIS PROPERn' IS ~ IN THE NIMMO SUBDIVISION. '::. 2244 GENERA:.. SOOTH BLVD. '1" CP:N , 2414--06-6572-0000 a" ZONING: 0-1 (CONDITIONAL REZONED "-23-93) I~ mE ~ ASSOCIAlES. NO. . QYlL D1GlNEERS II< SITE CC..llRACTORS . 1S8 BUSINESS PAAX Dill'.{. SUITE 100 VlRQNIA BEAQ-I, VA. 23462 ~ , (m1 571-;OOC r~ (1S7) ~7H~ , 'O~I~ " ;J GOIfJItAL IOC7D4 &OW .. ~ b. _ ("A~llI2. K ~l 'c~ $" t" :- : IN M.B. 162, PC. 5. EXHIBT A PRELIMINARY LAYOUT GENERALBOOTH OFFICE BlIILDlNG VIRGI~IA BEACH_ \J1RGD\IA SCALE 1"' ~ ~O' DATE: 07-27-05 40 20 0 40 80 , I scale feet PROPOSED SITE LAYOUT NIMMO CHILDCARE May 6, 2008 City Council Page 7 ---~";" ~:~-"" d(:vclopm.cnt plans tx:hi~~ lh.i~ I'r.<'.PE.!l):-~'i!!!..g~~c_d access 1<> the de.'~menJ~_.___ ___ I W~'~~~~~',~~;' .' j White's House '.... D Fence around IIVAC Cnil' BMP Observation Well Privacy Fence ;" < "'t(J~ :::1'::"';:. . ~:~~::~D -- -- Pro""r~' Line Com pletel!' Feneed To slr<<. o ,0 o 0.- . . . . . ~.;: CO'r'crcd Pia, Area ,-- "-7":'Z: ,~~~'" =: Ol(!": ~ Si:nf.... .~ ,~.;;~;}~\~~ Private Curb SIde TrJ.,h Pick-lip Black o.~c()"'.lIh(' Fence ~- .'i :- TI-l: W' ('Ol>.:OUI1 TIIMl''\T III lX.... 4.~- ......1.\1 ~ldenlTlica ion Monuml.:nt Sign I'R ,- :- WAlTRU'f ~CIIEOU1.[: ",.r\'(' .~ -.;- .- " .f ~~~ ... ;: 'f? ..-....------- -....... ::or;v........ !JCC~ s..v.: : 101 ~ ~::.. c,' ~ ~ ; SITE ....Q8I6; ______ . ." 'U """"CR"'.11""" H"n .;. '- --.. ..'~. '<1-.- 0:;; -.: ::;.::::~"- ::~.., ~ -_. - - EXHIB'! \ " -....:.: ',1).\.1: S'.... 3: . ~,. =,., ___ ..-"'-:'- _n . --'- NIMMO CHILD CARE& RESOURCE LEARNING ~= '. ., :.:.' ~--:'::-657':::-JC=,,= - - ~ , --.. - -'.. "-' ::'~:I-:"'.:' ~= - -,. ::--, \ !j~(,j'l '. i;i \{ II \ iR(d''':.\ >;( \1 j, D.\ I! STE t.f'ROve.ENT ASSCCA 1ES, NC. :: .~_ 2,;:~~~~ .1: $::: C~7'RAC"':':'-~ ':? ;....~..:.ss :'A.~..' ~~,~. $..~ .:::: ....~:.... A e::....:..... '_", :.3~: ;....:...::t ~~":' ~:-:-:;.X( :....l ;--'-;:,:,,:: ~~ .,.t.-= ~ . ~ . .:. '~'-' '2 "-~e: PROPOSED TRAFFIC PATTERN FOR TAKING CHILDREN AND PICKING UP NIMMO CHILDCARE May 6, 2008 City Council Page 8 I I Map K-ll M", Not to Sce.]e 3 iO-1 T [I] ~ (HCD) Nimmo Church Modi{;cation of Proffers (lR~20 1 01/23/07 REZ R-20 to Conditional B-2) Granted 2 OS/25/99 REZ (AG-1 & 2, R-20 to Conditional Granted A-18) 3 03/14/00 MOD of PROFFERS (0-2 to Granted Conditional 0-2) 4 01/11/00 CUP (church) Granted 5 11/22/05 REZ (0-1 to Conditional 0-1) Granted 11/23/93 REZ R-20 to 0-1 Granted 6 08/08/95 REZ R-20 to 0-1 Granted 7 01/28/92 REZ R-20 to 0-1 Granted 8 04/25/88 Street Closure Granted ZONING HISTORY NIMMO CHILDCARE May 6,2008 City Council Page 9 z o I . ~ c:~ I . ~ ,-.. ~ CI:J Z o I . f-c I . c:=l Z o c ~ ~ o z o I I Id c "] I . ~ I I c:=l o ~ II DISCLOSURE STATEMENT II APPLICANT DISCLOSURE If tte applicant is a corporation, partnership. firm. business, or other unincorporated org,:mization, complete the following. 1. List the applicant name followed by the names of all officers. members, trustees, :)artners. etc. below: (Attach list if necessary) Donald G. Pratt. Property Owner of Property. Nimmo ChildCare & Resource Learning Center, Inc. Anrl Kaplan, Co-Owner Nimmo ChildCare & Resource Learning Center Inc. 2. List all businesses that have a parent-subsidiary' or affiliated business entitl 'elationship with the applicant: (Attach list if necessary) NOlle ~ Check here if the applicant is NOT a corporation, partnership, firm. business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Cor.7plete this section only if property owner is different from applicant. If th e property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers. members, 1rustees. partners, etc. below: (Attach list if necessary) Dor aid G. Pratt 2. List all businesses that have a parent-subsidiary' or affiliated business entitl relationship with the applicant: (Attach list if necessary) Nimmo ChildCare & Resource Learning Center, Inc, ~u Check here if the property owner is NOT a corporation, partnership. firm. business. or other unincorporated organization. ~ See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No-=-- If yes. what is the name of the official or employee and the nature of their interest? Modification of ConditIOns AppllCiltlon Page 10 of l' Revised 7/3107 DISCLOSURE STATEMENT NIMMO CHILDCARE May 6, 2008 City Council Page 10 II DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Fine, Fine, Legum & McCracken - Morris Fine, Attorney Ocean View Enqineerinq, Krista Lonesome, P.E & Inici dezine. Arron Cooper Rp::lr:h Fir" Prntpr:linn r.liff r.nlhy 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act. Va. Code S 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities: See State and Local Government Conflict of Interests Act. Va. Code 9 2.2-3101 CERTIFICA TION: I certify that the infonnation contained herein IS true and accurate. I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posling the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the Instructions in this package The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this applicalion Ann Kaplan Print Name Donald G. Pratt Print Name P Modification of ConditIOns Application Page 11 of 11 ReVised 7/312007 I I z o I I !< c. ~ I I ....:I =-. ~ c,I";:, Z o I I f-c I I ~ Z o c ") ~ o Z o I I ~ ~S I I ~ I I ~ o ~ DISCLOSURE STATEMENT NIMMO CHILDCARE May 6, 2008 City Council Page 11 1 VIRGINIA BEACH CITY COUNCIL February 26, 2008 6:11 p.m. FORMAL SESSION APPLICATION OF NIMMO CHILDCARE & RESOURCE LEARNING CENTER, INC. FOR MODIFICATION OF CONDITIONS VERBATIM CITY COUNCIL Meyera E. Oberndorf, Mayor Louis 8. Jones, Vice-Mayor Willia~ R. DeSteph Harry E. Diezel Robert M. Dyer Barbara M. Henley Reba S. McClanan John E. Uhrin Ronald A. Villanueva Rosemary Wilson James L. Wood At-Large Bayside - District 4 At-Large Kempsville - District 2 Centerville - District 1 Princess Anne - District 7 Rose Hall - District 3 Beach - District 6 At-Large At-Large Lynnhaven - District 5 CITY MANAGER: CITY ATTORNEY: CITY CLERK: James K. Spore Leslie L. Lilley Ruth Hodges Fraser, MMC DEPUTY CITY CLERK SARAH DEAL JENKINS I I 2 CITY CLERK: Your Honor, the next Item is the Nimmo Childcare & Resource Learning Center, Inc., for Modification of Conditions at 2244 General Booth Boulevard, and I have no one registered to speak on this. Is there anyone present representing? Please, come forward. MAYOR OBERNDORF: Are you speaking on behalf of this daycare center? CITY CLERK: What is your name? ANN KAPLAN: Ann Kaplan. MAYOR OBERNDORF: Good evening. CITY CLERK: Are you the Applicant, yourself? ANN KAPLAN: Yes. CITY CLERK: Thank you. Is that -l-a-n? ANN KAPLAN: K-a-p-l-a-n. CITY CLERK: You have ten minutes to present your case. ANN KAPLAN: Nimmo Child Day Care Center & Resource Learning Center is a different type of day care center and after-school enrichment program. It is in a residential setting. The house is 4,800 square feet. The infant day care building is 4,800 square feet, and it has been expanded to modify for a specific childcare facility. We have about 1,500 square feet dedicated to infants and toddlers, and for the infants from infant from zero -- I mean,' from six weeks to eighteen months, and then as soon as they reach nineteen months they move to another room, in which they are until two to two~and-a-half, depending on if they're potty trained or not, then they move upstairs to we have four rooms up there for two-and-a-half-year-olds, a three-year-old room, and a four-and-a-half to kindergarten age. And it's pretty much like a cookie-cutter, grandmother-look to the building. The after-schoolers have a very unique building. It is a residence. They have in the former -- formal den they have their homework room. In the formal living room, dining room, they have a homework room, computer station, they have a 3 librar:r, and then they have the entire upstairs for games, for TV, fo.~ video, for music, for active arts and crafts, active play. And then the 3rd and 4th Graders and 5th Graders are not confined but brought downstairs if they want their own play space in the former garage, and then we have an area for them to play in outside. We tried to make it a camp environment, a club environment, a very enriching environment for them with qualified staff. MAYOR OBERNDORF: Are there any questions for our Applicant? Mr. Villanueva? COUNCILMAN VILLANUEVA: Thank you, Mayor. I noticed the diagram in the Application here. traffrc flow. Talk about the ANN KAELAN: The traffic flow, when they come in it's a shared -- the driveway is an ingress and egress. They will corne in and park. We're still under construction. The parking lot is not yet complete. But where you'll see all of the different hatches, that's the path of travel for the cars to park. The infant building is in the very back with the little square next to it, and the after-schoolers are in the front. They'll just, we've got it staggered. When we do our -- what I did with traffic is when the children come in in the morning we will know the amount of kids at a given time that will be coming in before care, and we've staggered our times with their parents where they'll sign in and take a fifteen-minute slot to come in and drop their children off so that we can manage our parking and manage our traffic so that we don't have any congestion in that area. COUNCILMAN VILLANUEVA: What's the capacity for the building? ANN KAPLAN: Oh, do you have to ask? I don't remember. I'm sorry, I'm nervous, and I dJn't remember the total capacity. I think it's sixty, between fifty-five and sixty kids in the after-school buildinJ, although Department of Social Services said we can have more. Building Code says we can have more, but we're not going tJ do that because I don't want my staff or my children to have to worry about, well, if I've got twenty-five kids on the fir3t floor and seventy-five kids on the second floor, if they wa1t to come down to the first floor and do other activitLes and do things, I don't want to have to worry about where t:1ey are in ratio. This way I'm always in ratio no matter ,,,here they go; up, down, and across, they're in ratio. I I 4 The infant building I don't think it will be more than a hundred and a hundred and ten, although I do have more. For example, in my four-year-old classroom, I could have up to thirty-five children. I can't physically vision having thirty-five children in that room. Twenty to twenty-two is all I want, so that I can bring my three-year-olds in so they can do activities with my four-year-olds because that room is so large. So, I'd rather have a quality program, as opposed to crowding the kids in. So, we're really limiting the number for quality. COUNCILMAN VILLANUEVA: Thank you. MAYOR OBERNDORF: What is your pupil/teacher ratio? How many adults will be supervising how many children? differen't ages, like- think it's 1:10, and after-schoolers it's The infants, I think it's 1:4 ratio, and the toddlers are 1:5, then the three, four, and five-year-olds, I then when you get into the 1: 20. ANN KAPLAN: We have, we're planning oh having, adequate staff where I also have floaters for additional programming. So, I've got a Director and a Program Director that are not assigned to a particular class, but they are going to be involved in different activities related to the education and special activities that I've got planned for the children. And the toys, by the way, are not going to be institutional-type toys. I've really decided that Discovery Toys, toys from Ikea, classic toys that we all grew up with and raised our children with are the toys that I'm bringing in for our children and our babies in our center. MAYOR OBERNDORF: Mr. DeSteph? COUNCILMAN DESTEPH: I was just reading the State Standards for it. I just wanted to make sure that what you're understanding of it is the same as our understanding of it. It says, "One staff member for every child age birth to sixteen months". So, there's 1:1 if they're sixteen months and below. "One staff member for every five children from sixteen months __" ANN KAPLAN: I said every four, but it's every five. COUNCILMAN DESTEPH: "-- to two years. And then one staff 5 member for every ten children age three to public school age or age five by September 30th.If ANN KAPLAN: Right. COUNCI1.MAN DESTEPH: If And one staff member for every eighteen children __If ANN KAPLAN: You're correct. I made a mistake. COUNCII,MAN DESTEPH: If__ from the age of eligibility to attend public schools through eight years c.ld." I just want to make sure that it's a 1:1 ratio for si~teen months and below. ANN KA:E'LAN: Yes. COUNCIlMAN DESTEPH: And one for every five sixteen months to two years. ANN KAPLAN: Correct. COUNCILMAN DESTEPH: And then, again, always complying with State Standards from there forward. ANN KAPLAN: Right, and we will never be under ratio with our staff. MAYOR OBERNDORF: So, any child under sixteen months will have one adult assigned to them? ANN KAPLAN: No, it's 1:4. Is it 1:5 or 1:4? COUNCILMAN DESTEPH: According to this, it says, and I'll read specifically out of this, which Code, it says "For staff-to-child ratio member for every child age birth to is citing the Virginia as follows: One staff sixteen months." ANN KAPLAN: No, it's 1:4. It's either 1:4 or 1:5. I think it's 1:4. COUNCIL:~N DESTEPH: Let's get clarification from the City Attorney. Les, I'm reading off third paragraph from the bottom. Agenda Item 13, Page 4, ANN KAP:LAN: I bel i eve i t's 1: 4, bee au s e you can't one staff member to one baby if you're ~harging -- it's 1:4 or 1:5, and then it's 1:5 for the I I 6 toddlers, and then it's -- well, I'm pretty sure I'm right. COUNCILMAN DESTEPH: I'll be honest with you, when I read through the Application this weekend I just went with this. And when you said one for four, it was different from what I thought I read, so I went back to this. ANN KAPLAN: It's either going to be 1:4 or 1:5, and I don't have -- if I had know that I had to go like this, I would have brought my Department of Social Services book with me, but it's not 1:1. You don't have a 1:1 ratio with infants. You have a 1:4 or 1:5. I think it's 1:4, because if I have twenty infants -- if I have sixteen infants, I have four staff members. COUNCILMAN DESTEPH: All I'm going off of is what it quotes here in the Virginia Code. But, Les, if you can clarify? ANN KAPLAN: But it's not Virginia Code Book, it's the Department of Social Services Code Book. And just like for the space, if I have, for square footage, it's thirty-five for infants and twenty-five for toddlers. COUNCILMAN DESTEPH: I'm specifically reading where it says, "Standards of Licensed Child Day Care Facility, as required under State Code (22 VAC 15-30-440) ." So, I'm assuming that that's the Virginia State Code until the City Attorney tells me otherwise. CITY ATTORNEY: Mr. DeSteph, it's the Administrative Code. Mr. Macali can go try to pull computer. We don't have a set of those in here it is online and he can try to find it for us. it up on the with us, but COUNCILMAN DESTEPH: Okay. ANN KAPLAN: But it is either going to be 1:4 ratio or 1:5 ratio, but whatever the ratios are that's geared by the Virginia Department of Social Services, those are the guidelines we have to follow, and those are the guidelines that all the other child day care centers follow. MAYOR OBERNDORF: Mrs. Henley? COUNCIL LADY HENLEY: What we're -- none of number for the number of children. approving doesn't have the proffers establish And, therefore, if we any a 7 approve this, as I read it, we would be approving it to whatever the uppermost level of the Social Services Code would allow, not necessarily -- and even what you say you're going to have is up to a hundred sixty-five children. That is an awful lot of children on a site that's less than an acre when a part of that site, a large part of it, has to be taken up with parking and driveways and so forth. It just seems to me that this is a pretty intense facility. I would te scared to death to have one person for even four childrEn under sixteen months. I don't want but one at the time. It just seems to me that we've got an awful lot of children, an awful lot of young children, in a facility that is quite a lot. And the hours are going to be from six in the morning until ten thirty in the evening? ANN KAPLAN: We're going to stagger some of our care to accommodate families that have second shift, that work second shift, because right now there are very few centers that cater to that. So, we would have to stagger the number of children based on Social Services Guidelines and how they do second shift facilities. So, we've been approached by several parents who have children that that's what they require, and that's what we've been asked to accommodate. COUNCIL LADY HENLEY: So, you're going to be having, see, what we're saying that we're going to allow on the use of this property, educational, child day care facili ty, before-and-after-school care, children's summer 'and non-school day programs. ANN KAP LAN : Correct. COUNCIL LADY HENLEY: And so, this will be in the summer you would have -- ANN KAPLAN: Well, some of those summer programs, though, are not on the site for the after-schoolers. I have a naturalist educator who I'm consulting with right now that hopefully she'll come on board, and when she qoes, and I'm pretty sure she will, we plan on taking a majority of those children out and they're not going to be on the property. They'll be there in the morning, then they'll be transported by bus either to the Virginia Marine Science Museum or to Back Bay or over to the Chesapeake Bay Preservation areas or somewhere where they're out doing things and on field trips going to Busch Gardens or to the beach or doing other things that kids like to do in the summer. I I 8 So, I really don't want the children to be -- I want to do them like we would do them with our own kids. I want them out and about and doing fun, enriching, but educational, but things that they want to do. Our center will most likely have a debate team. It will have a volleyball team partly because one of the girls that we have is interested in volleyball. She's a high schooler and she's on the volleyball team and looking for scholarships in that for her college. COUNCIL LADY HENLEY: Where would they play volleyball on this site? ANN KAPLAN: Well, we would take them off site. There are places over on Shore Drive that have volleyball nets that they would do that in the summertime. So, we're not, I'm not, going to just keep fifty-five or sixty kids in a 4,800 square foot building seven days a week or six days a week or five days a week. I want them to get out there and do other things. COUNCIL LADY HENLEY: Will this be open seven days a week? ANN KAPLAN: No, just Monday through Friday. COUNCIL LADY HENLEY: Monday through Friday. ANN KAPLAN: Monday through Friday. COUNCIL LADY HENLEY: Five days. ANN KAPLAN: And we may have barbecues on a Saturday, you know, or little fun things for the kids to do, but it won't be open for day care. COUNCIL LADY HENLEY: In looking at the site that we have, I'm trying to see where the outside playground areas are. It seems to be that right next to that single-family house that's next to it you would have the sidewalk games, scooters, and gym activities next to the toddler building? ANN KAPLAN: Well, actually, we're considering moving that, not because there's a single-family residence on that property, but we're thinking of moving it over to where the former garage used to be because where you can see that encircled area we have a wood shed. It's a former Colonial-style wood shed, and if we fenced that in, that whole area in, the kids have another area that they can play in. 9 And then if you look in the back behind the child day care building, that whole area, including the covered space, the covered space can be used for after-schoolers for other activities, as well. And we can use part of the parking lot, because I don't need that whole big parking lot for parking for my staff. It was meant for when we were doing offices for 0-1, so I have a larger parking lot than any of the other day care cE,nters, with the exception of Rainbow Station. So, I have considerable size back there. COUNCIl. LADY HENLEY: It kind of sounds like all of this is being sort of shoe-horned into place, and it's a very pretty house, residence, that was built a number of years ago, and of course General Booth changed and became a commercial corridor. And it's a lovely building, but to carE for up to a hundred sixty-five children on this site, I'm worrying about our responsibility to the children. And I know ycu have all very good intentions, but I would just like to see a little bit more of something tied down. As I said, we don't have any numbers in what we're approving, so if we approve this we could actually be approving up to, you say, the Social Services have a much higher limit than what ycu're wanting. ANN KAPLAN: No, they have a much lower limit than what the City COUNCIL LADY HENLEY: I know, but we're not even -- ANN KAPLAN: -- planning, from the Occupancy Code, they are a much lower limit. COUNCIL LADY HENLEY: Pardon me. ANN KAPLAN: I'm sorry, but they a much lower limit. It's 2,500 -- it's 25 square foot for children per child in the classrooms in usable space for them and 35 for infants. COUNCIL LADY HENLEY: limit here. no limit. So, if we However, Mr. Whitney, we don't have in our proffers, we don't have any approve this, it's being approved with JACK WHITNEY: Yes, ma'am. COUNCIL LADY HENLEY: No numbers. JACK WHITNEY: Currently, there's no proffer I I 10 included having to do with limiting the number of children. COUNCIL LADY HENLEY: Right. JACK WHITNEY: Below what the State Standard would be. COUNCIL LADY HENLEY: So, if we approve it, we could be approving it up to the maximum of the State limit. JACK WHITNEY: Yes, ma'am. As they are currently proffered, that would be true. COUNCIL LADY HENLEY: There's no limit to the number. would just be the State limit. It JACK WHITNEY: Yes, ma'am. proffered. It has not been COUNCIL LADY HENLEY: I just would feel uncomfortable in approving it as open as it is at this point, and we just don't have a very good sketch. I mean, if we're approving that site improvement and you say you're going to really change it for the outdoor facilities from what we're approving, you see, we would be approving as shown on this exhibit. ANN KAPLAN: I mean, it could stay right where it's at. I have no issue keeping my playground exactly where it's located. You raised the issue about it being extra residential space, so I was giving you a suggestion that it can be flipped to the other side. I can do away with it altogether on that and just leave it just in the back where it is currently. I mean, I have enough, according to Social Services, for the amount of space that I need for all the children, given the amount of time the after-schoo1ers are going to be in the building, and as long as I have a plan of action, I would be within compliance. We've also added extra insulation to the building to avoid having extra sounds outside of the, you know, in the interior; it's pretty much soundproof with double insulation in the way the construction is. We've kept it within the Colonial design and the integrity of the design of the main building. MAYOR OBERNDORF: Mr. DeSteph? COUNCILMAN DESTEPH: Actually, ma'am, 1'11 stand 11 corrected. What was in our Agenda is differE'nt from what the State Law is, and that comes under, I guess, it's the Virginia State Code. But it's "Staff-to-Child Ratio", and it says: "For children from birth to the age of sixteer months, one staff member for every four children; for children sixteen months to two years, one staff member for every five children; for two-year-old children..." And then this is through school age, then you're talking about one staff rrember for every eight, etcetera, etcetera. COUNCIL LADY HENLEY: For every eight? ANN KAPLAN: For the two, three, and four-year-olds, it's 1:8. COUNCILMAN DESTEPH: Yes, that's correct. And then for five years through then you go one for every ten children, then it goes up to one for every eighteen children, then one for every twenty children from nine years through twelve years. ANN KAPLAN: So, that's why we have certain age groups that have to be segregated not segregated but you just have to make sure you have the appropriate amount of staff for the lowest amount of the denomin3tor. So, in the after-school program, I have to have more st3ff members because I have five-year-olds or Kinderg3rtners, 1st and 2nd Graders; they have a higher ratio of teachers, so we'll accommodate for that. COUNCIL LADY HENLEY: What are your credentials? ANN KAP:LAN: I have a Bachelor's Degree in Business Administration. I have spent tlirty years, over thirty years, in education sitting on Boards of child day care centers -- not child day care centers -- religious educational centers and day care facilities in the religious communities. COUNCIL LADY HENLEY: You've been on Boards? ANN KAP::'AN: I've been on Boards. COUNCIL LADY HENLEY: Have you actually been a teacher or operated ANN KAP::'AN: Yes, I have. ten years. I've taught for over COUNCIL LADY HENLEY: What did you teach? I I 12 Lay and for I taught 5th Grade and I taught Pre-School, and I also was the Jewish Leader for Rhein-Main Air Base, Germany, for three years, I was in charge of all of their educational requirements all of the kids from Pre-School through 5th Grade. ANN KAPLAN: COUNCIL LADY HENLEY: And what will be your credentials for the people you will hire? ANN KAPLAN: My lead teachers, I would like for them to have at least a minimum of two years, a year to two years of actual experience, whether it's in a day care facility or a teaching certificate or license to teach in a public school, especially for the two-year-olds to three-year-olds and the four-year-olds in my Pre-K program. In my infant program, I really would like to see somebody not only qualified in the educational background of it but really a mom's mom, because that's what those babies need. My assistants, they have to meet a certain criteria within the Department of Social Services, just like my teachers do, my lead teachers. They have to have a minimum of two months of experience, but I can train them so they would have to be matched with somebody who's already qualified in there in order to get them to their standard. They will all be First-Aid trained. They will all have medication training. They will all have CPR training, and they will all have Food Certifications. COUNCIL LADY HENLEY: Do we have those written down so that it's a part of the proffer? ANN KAPLAN: Pardon? COUNCIL LADY HENLEY: Do we have these credentials written down so that it's part of the proffer? ANN KAPLAN: No, it's not. I can have Mr. Fine accommodate the proffers as written in the Department of Social Service Regulations. I don't have a problem doing that. But, I mean, I would like my staff to be as qualified as we can, higher than the standard that's in some of the day care centers. But, you know, I'm not going to hire unskilled labor, although you have no choice in your aides, assistants or volunteers, because you want to bring them into the fold, so you provide training to bring them up to the standards. 13 COUNCIl.MAN DIEZEL: May I ask a question? MAYOR OBERNDORF: Yes. I was asking Mr. Wood, and I'll come right to you, Mr. Diezel. COUNCIl:.MAN DIEZEL: If I don't forget it. MAYOR OBERNDORF: Write it down. COUNCIl~MAN WOOD: I don't know if Mrs. Henley is done or not. COUNCIl, LADY HENLEY: Go ahead. COUNCIl,MAN WOOD: I guess, my concern about this is the large number of children that are here. And the number of a hundred sixty-five in really, really, scares me. I've heard you throw a numbers out here. Definitively, how many students, will you have there at anyone point? permitted here just couple of chi 1 d r E~ n , ANN KA:E'LAN: I don't know. I mean, I can't -- I can say "this is what our plan is", and thEn maybe I only get ninety kids for the infant program or the infant-toddlers. I mean, there's only sixteen infants that I can have in one of my rooms. I can only have, I think, twelve -- I think it's sixteen infants when you take away the -- when you calculate the number of cribs and then you have tc calculate the space that the furniture is taking, the furnishings and the toys take up, you have to deduct all of that. So, in one of the rooms I've got sixteen, I've got twelve -- COUNCILMAN WOOD: Your business model, I mean, you've clearly done a ANN KAPLAN: I didn't bring it. If I had, see, I can't, and I, if I had my business model with me, because I didn't know I would be speaking in this manner with you all, I would have had everything laid out if I had known that in advance. But I've been blindsided and I don't know. I mean, I'm not prepared for all these questions because I don't have anything with me. And the Department of Social Services regulations are very specific for the number of children based on space. COUNCILMAN WOOD: I'm actually more concerned, not so much about Department of Social Services regulations, but about the specific use of this I I 14 property. It just seems to me a hundred sixty-five children in a 4,800 square foot building, even if it's -- ANN KAPLAN: It's not 4,800. I have 9,300 square feet; 4,800 of it is in one building, 4,500 in another. COUNCILMAN WOOD: 4,500 in the other. But did you not say that you were going to keep one set of kids, you had to separate them? ANN KAPLAN: My infant-toddlers are on the first floor. My 2nd Graders -- my two-and-a-half-year-olds, my three-year-olds, and my four-year-olds are upstairs. My after-schoolers ~nd Pre-K, Kindergarten children, are in the main building. COUNCILMAN WOOD: Would you be willing to agree to a maximum, a lower maximum number? break even on ask, unless I looking at? Not without doing dollars and cents to see whether or not I'm going to my expenses. That would be unfair of you to could do that. I mean, what number are you ANN KAPLAN: COUNCILMAN WOOD: Something significantly less than a hundred sixty-five children, in my opinion. ANN KAPLAN: And in your opinion, what number are you looking at? I mean, you can't expect me to come up and say "agree to a number less than" if I don't know what that number less than is. COUNCILMAN WOOD: I'm sorry, ma'am. I would have expected you to have been prepared to answer questions tonight since it is a hearing. ANN KAPLAN: If I had been told or if I had been made aware, and I have asked a lot of questions during this whole process, I would have been more than happy not only to provide you not just with facts but with pictures and diagrams so that you could see how the flow of the building works, what our programs are going to be, just like the functional plan I did for the Department of Social Services. I'd be more than happy to do that and to break down numbers in any way that that would suit the Council so that they can see that this is well thought out and well planned. 15 Our building, I mean, we have, I have, one family that has five children, and two of them are after-schoolers and two of them are infant-toddlers -- three of them are infant-toddlers, one is twins and one is a toddler, so that's one vehicle that will ccme into the center and one goes out. I mean, so I've done my math, I've done my traffic, but I haven't convinced you. COUNCIl,MAN WOOD: Well, you haven't actually given me any numbers. COUNCILMAN DESTEPH: Madam Mayor? MAYOR OBERNDORF: Mr. Diezel, and then I'll come back to you, Mr. DeSteph. COUNCILMAN DIEZEL: It sounds as though, in terms of the concerns that I hear, and I have a couple, myself, that this might be an Item that should be deferred until you are ready. realize and I was not of questioning that I told th3.t -- Well, I am ready. I just didn't know that this is the type of -- I did not informed by anyone that this is the type would be presented with tonight. I was ANN KAPLAN: COUNCILI~N DIEZEL: The reason you're here is if someone had objected, as the Mayor indicated, from th,,, audience, now ANN KAPl.AN: I didn't hear anybody from the audience have an objection. COUNCILJ~ DIEZEL: -- if someone were here, we would pull it. Your Application doesn't have an} guarantees with it, other than it will be reviewed and voted on. Let me switch gears on you a little bit. You talk about some standards through your staff, which I understand. Are they ground in the requirements coming from Soc i a 1 ~; ervi ce s comi ng the othe r way? ANN KAP]~AN: Yes. Social Services has very specific guidelines for not just directors, program directors, lead teachers, assistants, those who can perform medication, those that are qualified for First Aid, ho,l many you have to have in a building, what -- yes, all that. CQUNCIL!!AN DIEZEL: I'm clear with the -- it's not a I I 16 trick question. I wanted you to let the rest of this Council know that you just can't go out and hire folks off the street. ANN KAPLAN: No. And there are background checks on every single employee, and Department of Social Services has requested, it's not mandated, but they have requested all day care centers considering the 9/11 situation that they also do background checks on all vendors. They can't mandate it but they do ask us to do that, and we plan on doing that as part of our business plan. COUNCILMAN DIEZEL: My major concern is, and I have to direct it to staff, when I saw this building in a residential setting, I thought something must be wrong with the Building Codes that 1'm familiar with. The level of care for infant safety is three times higher than it is for a single-family dwelling. What is it they're doing inside this building from a safety envelope for these infants and toddiers? We have full-blown commercial sprinkler system? ANN KAPLAN: Yes, we do. We have a full-blown sprinkler system that,ls actually been We have fire-rated insulation. We have fire have fire-rated wall boards. installed. wall -- we COUNCILMAN DIEZEL: I'm delighted to hear that. ANN KAPLAN: We've added spacers. We've added brand new heat and air system with the air ventilation system that goes with that so that they get the fresh air coming in. We've added extra doors, so every door on the first floor, every room on that first floor has egress doors, exits from their room. So, that way they're not taking up any space in the hallways for the children coming down off the second floor. So, they have direct means of access. Pardon? COUNCILMAN DIEZEL: Egress directly to the outside? ANN KAPLAN: Directly to the outside. COUNCILMAN DIEZEL: Well, I'm delighted to hear that, because you're ahead of most people that come down. ANN KAPLAN: We have our cameras. We've added 17 cameras to every room. We have a phone system so that the teachers have access to a telephone at any given moment with an intercom system included in it. Of course, we have the special lighting and the required lighting. We've added extra smoke detectors, not just in the kitche~, but up in the attic. We've been working very dilige~tly with the Planning Review Examiner, Andrew Bankow3ki, and with Ernie Scofield. They have taken this plan, )ur building, personally involved in the design of how our fire system, how our evacuation is going to be. By the time I get to Department of Social Services, there isn't IJoing to be anything left for them to do except go ~wow", because they have taken a very active approach to this. They've been out to the property. Mr. Scofield h~s come in and macie recommendations, ~Hey, I think we need to add more spr ink:~er s, ~ and we've done that. We've done everything we can do to make this building safe. We're not putting carpet:_ng on the floor, only area rugs. We've decided to put tile f:.ooring on the first floor to avoid heal th issues. so that we can take the carpet up and have it cleaned so that the babies don't have all those problems. We've also done the same thing on the second floor. We've put hardwood floors up and we're putting area rugs, thick rugs, but area rugs up there so that the children can then play on those but then roll them up and have them cleaned and put new carpet down so that we're constantly keeping the area clean. So, we've got that part down. COUNCIl,MAN DIEZEL: My comfort level went up 100%. ANN KAPLAN: I mean, I've even added extra bathrooms upstairs for the little kids, t.he little toilets. And then we have on the 4th Grader -- the four-year-olds, I have another private bathroom in there not just for staff but for the four-year-olds in case they nE,ed to go in clas s so they don't have to di s rupt the flow of' whatever we're doing. I have plenty of sinks. I've got s P E' cia 1 sin k s jus t for h and was h i n g , for d i ape r s - - I mea n , for hardwashing, for bottle washing and for handwashing, they'rE' separate. I mean, we really have made this as safe and as flowing as possible in keeping with the safety of the childrEn in mind. MAYOR CiBERNDORF: Mr. DeSteph? COUNCII,MAN DESTEPH: I guess, my questions have been answered wi th some of Harry's. It just teok a few minutes for it to get out. I I 18 MAYOR OBERNDORF: Mrs. Henley? COUNCIL LADY HENLEY: It sounds as if you've already been doing your building. I'm surprised that you were able to get the Building Permit to do -- ANN'KAPLAN: We asked for COUNCIL LADY HENLEY: I'm sorry but I'm -- ANN KAPLAN: I apologize. COUNCIL LADY HENLEY: to get the Building Permit before you had the approval of the City Mr. Whitney or Mrs. Lasley can let me know Council. Maybe what's gone on. JACK WHITNEY: She has applied and has received a Building Permit, but that is at her risk. That is not activated until she has approval by this body to allow it as a modification of the existing conditions which do not allow day care on the site. That was done at her risk and it's written in the agreement. COUNCILMAN WOOD: What kind of Building Permit doea she have? ANN KAPLAN: I have a Building Permit. COUNCILMAN WOOD: Excuse me, I was asking Mr. Whitney. I mean, she cannot have a Building Permit for a child care facility, but just has already stated that she's installed a sprinkler system and fire-rated doors and that sort of thing. JACK WHITNEY: She's got a Building Permit that includes all the Code provisions for day care facility. Again, that was applied case at the risk of the Applicant with no the operation of a as it would in any insurance. COUNCILMAN WOOD: So, it's a Shell Building Permit? JACK WHITNEY: I'd have to get you the appropriate language on that one, Mr. Wood, but nothing about that allows any operation of a day care center until these conditions are approved by this Council. COUNCILMAN WOOD: I understand that, but it's just, 19 well, I mean -- COUNCIL LADY HENLEY: You mean, somebody could go out and at their own risk build a service station on a lot and get the Building Permit for that before it's approved, as long as it's at their own risk? JACK WHITNEY: No. I believe what they could do is get the permit portion of it ready to go, but the actual construction without the necessary zoning clearances wouldn't be allowed. COUNCILMAN WOOD: Excuse me, Madam Mayor? MAYOR OBERNDORF: Mr. Wood? COUNCIL:lUili WOOD: There's absolutely no way. I mean, you cannot, when you go in and get a Buildin~ Permit, they ask you what the use is. And this is what I jo for a living, and I can assure you that if you go in and say ihat "I'm getting a Building Permit for a child care facilitv", they're going to take a look at the zoning. They're going to take a look at all of that and determine whether or not you can do that. So, eit:1er she got a permit for the child care facility by mistake or she got a permit for a shell building or something like tha.t or office or what have you. But, I mean, the kind of stuff that's being done is not typical for office or shell buildinlJ or anything like that, and that's what concerns me. I mean, this Applicant is clearly spending a lot more money and doe:3n' t have any guarantee at all that this is going to pass. ANN KAP::'AN: Can I say something? MAYOR O]~ERNDORF: Please? COUNCILHAN WOOD: Sure. ANN KAPl:'AN: In regards to the Building Department, they have been very cooperative in allowing us to construct. It is at our risk. We've a..so, regardless of whether we have a child day care center, which is our hope and our desire, if we decided in the future :~ive, ten, years down the road, we would still have had a sprinkler system installed in the property. That was something that was already talked about prior to a child day care center coming in, because if we wanted to lease out the I I 20 property in the future to a religious organization for office space and they wanted to hold a prayer meeting, a sprinkler system for assembly would be required. So, we felt that it only adds to the value of the building putting in a sprinkler system for the protection of any future tenant or any future use, irregardless of having a child day care center. In the phase that we are in right now, we don't want it to be converted to another use because child day care center is where we would like it to be, and I have a tenant for that; well, I am the tenant, but we have made substantial provisions for a child day care center, but that's where we are. MAYOR OBERNDORF: Mrs. Wilson? COUNCIL LADY WILSON: Thank you. I think you're hearing a lot of concerns that probably you didn't expect. ANN KAPLAN: I did not expect it, to be honest. really feel like I've been I blindsided. COUNCIL LADY WILSON: And I wanted to follow up with what Mr. Diezel said. It would probably be a really good idea to see if we could defer this to give you a chance to prepare more, and you may have a better idea of what some of our concerns are now than you did before you came in here. I really don't. I mean, number, and yet he won't I wish I knew what you want to hear or what you were looking for, because Mr. Wood wants me to reduce my give me a number to go by. ANN KAPLAN: COUNCIL LADY WILSON: But that's not for the people up here to give you a number. What we are, I'm very concerned about that one sixty-five, and I believe you said you were going to have a hundred and some; you had mentioned some numbers. ANN KAPLAN: There's fifty to fifty-five children, I think, that we were planning on for program. Up to sixty would be the maximum to see in that particular building in the the after-school that I would want main residence. COUNCIL LADY WILSON: Right. You've been talking about lower numbers. 21 ANN KAl?LAN: Well, you can have more. I have 1,500 square feet upstairs, and I have approximately, usable, I don't know what my usable space is downstairs, but I'm only factoring my numbers based on the upstairs usage so that the -- COUNCI]~ LADY WILSON: I'm sorry. I was just trying to help you. Never mind. ANN KAlILAN: I've got it. VICE-M~WOR JONES: May I ask a question? MAYOR OBERNDORF: Mr. Jones? VICE-MJ\YOR JONES: program", and then and so forth; have Proffer 9 says "Grantor will internally develop a safe traffic it goes on to say "and educate the staff", you done that? ANN KA:E'LAN: Yes, and traffic has -- traffic, the only thing that traffic asked was that WE can't have more than so many cars coming in, I don't know wtat the number is, but there's a specific number that they dcn't want to see, because I don't have my proffers in front cf me, a certain number of cars coming into the property every tour. There's a certain number. There's a magic number that he gave me. So, we've developed -- until I know how many infants and how many tcddlers and how many people are actually signed up to be occupants of our building, I can't actually give you a definitive. But I can tell you, we're going to budget it by so many numbers, so many vehicles per hour coming in at any given time, and then going out would be the same way. So, I mean, we have a plan but until I have, you know, babies and moms I can't tell you how many cars, because I've got one family with five kids, so that takes care of five. COUNCILMAN DESTEPH: It's thirty-five trips per hour. ANN KAPLAN: Thank you. Thirty-five trips. VICE-MAYOR JONES: I saw that. That's what prompted my question. Thirty-five trips per hour, and according to that site plan it looks like people are going to have to corne in, park their car, and back up to get out and then come back out the same way they came in. ANN KAPLAN: Yes, and no. In the mornings, and I I I 22 have to work this out with Social Services, in the morning I have a school bus stop in the front, so the children can get on and off -- I mean after school, have the bus stop in the front. I've already found out through the School System that I can have a bus stop at the front of my property. In the back, when they come in, my plan is to have the parents loop around. This is what I've done in other pre-schools and other , religious school activities where they come in, they come down the first cross-hatch, and then come back around in the drive. So, nobody can park in those spaces during the drop-off period, none of my staff, and then the cars will come back au t . So, it reall y moves around jus t 1 ike Cape Henry does. They use part of their parking lot for drop-off and pick-up at peak hours. VICE-MAYOR JONES: See, that's not indicated there; that's why I'm asking you the question. It just doesn't look -- it just appears to be an unsafe situation in that if you've got children particularly who are coming out of the building and going to cars and so forth, and people are having to come in, park the car, and back up and so forth -- you so that I'll do for you to look at. We won't have them -- I'll have them, well, if you want, I'll redo that for a visual for you that might make it easier ANN KAPLAN: VICE-MAYOR JONES: I don't think -- I think Mrs. Wilson was trying to help you in her suggestion to you, and if I were you I'd probably ask for a deferral so I could work out some of these kinks before I push this issue too far, because it may not turn out the way you like it. ANN KAPLAN: Well, I don't mind asking for a deferral, I mean, because it is in my best interest. VICE-MAYOR JONES: That's my suggestion, but I don't know whether MAYOR OBERNDORF: We have some other Council Members who also want to speak. Mr. Villanueva, followed by Mrs. Henley? COUNCILMAN VILLANUEVA: Ma'am, we're this tough on other Applicants, too. I just wanted to 23 let you know that. My kids go to a Manor School set up just like this. If you visit the Manor Schools, they've got a drop-o:~f loop. You might want to, in your deferral in time to fix thE, plan better, look at their model because they have the same type of building almost, and instead of the parking spaces it's developed into a loop where parents drop off and your teachers come out. So, you might want to go over there and look at it. ANN KAJ)LAN: Well, that's what our plan was. COUNCI1.MAN VILLANUEVA: Well, it I S not on here. ANN KAPLAN: to a 1 t E~ r you r sit e p 1 an, things on it. But it's not on that, because I've always been told you're not allowed so I didn't want to add any more MAYOR OBERNDORF: Mrs. Henley? COUNCIl. LADY HENLEY: If everyone has asked questions, I was going to make a motion. MAYOR OBERNDORF: Well, I just would like to. COUNCIl, LADY HENLEY: Go ahead. MAYOR OBERNDORF: I really appreciate your coming here. For those of us who have grown childrE~n but remember when they were tiny, we obviously care a lot about you and the infants and the small children you'll be caring for. My concern was if you're putting two-year-olds on the second floor or the babies, somebody has got to pick them up and carry them in case of a disaster, like a, God forbid, a fire or smoke. I mean, it's not just ANN KAE'LAN: Babies don't go on the second floor. MAYOR OBERNDORF: They're on the first floor. ANN KAE'LAN: Two-and-a-half-year-olds, only, three-year-olds, and four-year-olds can go on the second floor. Infants and toddlers cannot. InfantE have to have a crib. I have to have five cribs that have rc,llers on them so that I can pick up all my babies and put thE~m in and roll them out. My doorways have been accommc,dated for that. MAYOR OBERNDORF: And how will you get your I I 24 two-and-a-half and three-year-olds out? come out go, each straight There's -- I have four ways for them to -- I have two ways for them to of the rooms. When they come out of the rooms, they half of the building come out of the rooms and go down and out the building. ANN KAPLAN: MAYOR OBERNDORF: How do they? Do they come down on a stairway outside of the building? ANN KAPLAN: They come on a stairwell. The stairwell is fire-rated wall board. MAYOR OBERNDORF: It's inside? ANN KAPLAN: And sprinkler system, and insulated with fire wall -- fire insulation and we have the automatic doors that close so that they are basically safe. And Andrew Bankowski and Ernie Scofield have done a wonderful job designing and helping us design a safe egress down those stairs for the children with no voids so they have everything they need plus the extra sprinkler system in that area. MAYOR OBERNDORF: Well, I'm not obviously going to get in the way. Maybe, if we had had the chance to actually see the building the way you say it's been adapted to your needs, I look at it from the perspective of when you have little children, that many little children you're responsible for, I can't imagine the adult-child ratio if you have to evacuate them or you have one throwing up and one beating up the other for a toy or something; it just seems overwhelmingly large numbers for very young people. ANN KAPLAN: We will have more staff than what the ratio calls for because of that reason; not because of the number of children, because all the centers have ratios that they follow. We just felt that in our center we will have an extra staff member in the infant room and also in the toddler room. So, if the ratios call for 1:4, we'll have an extra staff member for the sixteen children. I'll have three in that -- well, I don't know how many. It's four, I think, so I'll have five staff members in that room. Plus, I have my director and my program director also in the building, and they are programmed to do different elements during the day with my babies. I have a completely different 25 staff that handles my administrative work, as well as parents, so that my director is left dealing with the children, not just I don't want her doing administrative work, I want her with my babies and with my older kids. MAYOR OBERNDORF: Okay. Mrs. Henley, I'm sorry. didn't make myself clear. I COUNCIL LADY HENLEY: And my motion is going to be for a, deferral, because I don't believe that we are ready to approve this, and unfortunately maybe because you were on the Consent Agenda at the Planning Commission and then got expedited here that you didn't realize that this was the spot that you were ANN KAPI.AN: I didn't. COUNCIL LADY HENLEY: -- I mean, this is the last action, and if there's going to be any questions asked and haven't been asked to this point, this is the las': chance. And I just see that we would be writing a blank check if we approve it with the proffers as they are here. There are no numbers delineated. We have no requirements for your staff. I appreciate what you say you're going to have for your staff, but we have absolutely no way to enforce that if, in fact, it turned out otherwise. So, what I want to see is a definitive plan. I want to see a much better traffic flow, and we will have to see what the site plan is going to be. I agree with Mr. Jones. That just doesn't look safe, if you've got all these toddlers running around there and young children and so forth. I just see it's an accident waiting ANN KAP1~AN: Well, the whole -- COUNCIL LADY HENLEY: -- Okay. I'm sorry. So, I want to see exactly what the plan is going to be and how it's going to work. I want to see some numbers that wL_l set a maximum that we know we have set a maximum. The hundred and sixty-five scares me to death. I know that maybe Social Services allows more, but maybe that's more -- I don't know how they arrive at that, but I'm not comfortable approving that. And I also want to see more about your staff ratios and the qualifications of who you will have. I think in the past something I remember that was pretty gave us a lot of discussion when they got here, and as someone said, we do this to lots of folks because we have to ask these questions that people are concerned about we were maybe in the I I 26 past working with an existing school of some type that was perhaps opening in another location or something we could see actually how they were operating. I want to know how it's really going to be operated and particularly if we're going to have a facility of this nature. So, I just would like to see much more. I think probably the staff has a good feel for what we're asking from the questions that we've asked before you come back. JACK WHITNEY: Yes, ma'am. COUNCIL LADY HENLEY: And shall we, what is appropriate, thirty-day deferral? Would you be able to get all of this together in the thirty-day deferral? ANN KAPLAN: Yes. WILLIAM MACALI: Mrs. Henley, I need to remind the Applicant and Council, really, that the proffers would have to be in at least ten days before the City Council hears the matter again. There has to be a revised site plan and quite a few revisions, so I'm not quite sure the Applicant can do it in twenty days and get them filed, but that's up to her. COUNCIL LADY HENLEY: Well, why don't we just make it an indefinite deferral. When you have everything ready then ANN KAPLAN: Well, let me ask you a question. When you say "a revised site plan", I can draw a site plan without having to hire the site planner to go back and redraw the entire site plan; is that suitable for you? Or do you want a site plan from the site planner? I'm just asking a question. COUNCIL LADY HENLEY: I think we'd have to see something that's going to be, you know, I can draw things, too, but you've got dimensions you have to worry about, you've got radius and so forth of vehicles turning; that's going to have ,to be worked out. Maybe Mr. Wood can give you some more advice than I can, but I think we want something, because this is a tight site, you've got existing buildings on the site that you're having to work with, and to have all of these cars come in and out interacting with all of these children, we have to make certain that we're allowing a safe operation. COUNCILMAN WOOD: If I could follow up on what Mrs. Henley says, it needs to be, 27 what WE~ expect to see when it comes to us here is, profes~;ional presentation, where you have all the answers to our questions or most of the answers to our questions. You have a professionally done site plan that can be submitted to the City and can be acted upon. You at least have renderings of the building. You have details of the building that we can have that would be tied to the building. And thE!n at that point you'd also have your business model where if I say "gee, you know, it's just like Mrs. Henley said, cl hundred sixty-five just seems like way too many to me". ],nd you'd be able to say "well, according to my business plan I can get it down to ninety-six", or whatever it is, and that's the kind of thing that you need to do. The staff sittin~ right back behind there can help you with that, can show ybu examples of it. Whoever drew this site plan originally can help you with it, but it needs to be a profesEional thing because this is it. The buck stops here and this is where it's yes or no, so that's important. MAYOR CiBERNDORF: if a crild is very sick and keFt out of the -- And things like an infirmary, even public schools have a separate area that they can be treated by a nurse ANN KAELAN: We have that at our facility. MAYOR OBERNDORF: okay. ANN KAJ:lLAN: But we appreciate it. Thank you. MAYOR CBERNDORF: doesn't happen in the morning and why didn't That's all. We're just trying to make sure that, God forbid, something and everybody will wake up and read their paper and say "they didn't have enough information they ask these questions". COUNCIL LADY WILSON: Do we have a motion? COUNCIL LADY HENLEY: My motion is for an indefinite deferral for more information. MAYOR OBERNDORF: Is there a second? COUNCILMAN VILLANUEVA: Second. MAYOR OBERNDORF: Are we ready for the question? CITY CLERK: Yes, Your Honor. By a vote of 11 to 0, you have deferred indefinitely the I I 28 Application of Nimmo Child Care and Resource Learning Center. COUNCILMAN VILLANUEVA: Mayor, I have a question about process. MAYOR OBERNDORF: Yes, Mr. Villanueva? COUNCILMAN VILLANUEVA: You know, from time to time, we've seen similar applications like this in the past come up. Harry has brought up questions with regards to the fire prevention matters and Jim brings up site plan. Is there a standardized format that folks prior to applying for an Application like this they could follow? We see recurring, the same questions over and over again. COUNCILMAN DIEZEL: Thanks, Ron, because I was going to bring that up in that I think the staff should say "this meets the Building Code conditions for x, y, and z". I'm gun shy on it because we've had so many who've meant well but had no concept of the cost involved in protecting those kids. That's why, it's not beating a dead horse, but it's beating a very pertinent point, and I think staff could do a better job with that. COUNCILMAN VILLANUEVA: I agree. That's why I'm asking is there a standardized format. COUNCILMAN DIEZEL: There is not. There are some standardized check-off points coming Department of Social Services that the Council better educated on, and I'll see what I can do out of the needs to be with that. MAYOR OBERNDORF: Mr. Herbert, you acknowledged you needed to be recognized, and I inadvertently didn't. STEVEN HERBERT: Thank you, Madam Mayor. I just wanted to say while Mrs. Kaplan was here that we, the staff, will be ready to work with her immediately to get some of these questions answered and make sure she's better prepared when she comes back. VICE-MAYOR JONES: She might want to get somebody who knows how to present something like this. STEVEN HERBERT: Yes, sir. We'll get with her. MAYOR OBERNDORF: I don't think any of us meant harm. health, That's expect 29 We're just very concerned about the safety, and welfare in a very nebulous situation. why we're trying to understand and pin down what we can for the protection of the children. STEVEN HERBERT: Yes, Ma'am. (Whereupon, the discussion of this matter was concl ud ed. ) I I Item # 13 Nimmo Childcare & Resource Learning Center, Inc. Modification of Conditions 2244 General Booth Boulevard District 7 Princess Anne February 13, 2008 CONSENT Joseph Strange: The next item is item 13, Nimmo Childcare & Resource Learning Center, Inc. An application of Nimmo Childcare & Resource Learning Center, Inc. for the Modification of Conditions for a request approved by City Council on November 23, 1993. The property is located at 2244 General Booth Boulevard, District 7, Princess Anne, with eleven (11) proffers. Janice Anderson: Welcome Mr. Fine. Morris Fine: Ms. Anderson. I'm Morris Fine, and I represent the Nimmo Childcare & Resource Learning Center, Inc., and we thank you for putting us on the consent agenda. We are aware of the proffers and the modifications that need to be done for this childcare center. We thank you. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Al Henley to review this item. Al Henley: Thank you. The property is located at 2244 General Booth Boulevard just north of Nimmo Church. The property was rezoned to 0-1 Office District in 1993. On November 22,2005, the City Council approved a modification of the proffers submitted with that rezoning. In 1992, the existing two-story barn located in the rear of the property was slated for removal. The recent modification in 2005 removed that condition and revised the proffers to allow the existing structure to remain and be expanded. The current request is to modify Proffer 2 of the 2005 rezoning and permit childcare facilities on that property. Proffer 2 does not allow childcare or education facilities on this site; therefore, the applicant is requesting to modify that proffer to include those uses. The hours of operation are from 6:00 a.m. to 10:30 p.m. Staff has recommended approval of this application, and therefore, the Planning Commission has placed this item on the consent agenda. Thank you. Joseph Strange: Thank you AI. Madame Chair, I have a motion to approve agenda item 13. Janice Anderson: Do I have a second? Donald Horsley: Second. Janice Anderson: We have a second by Mr. Horsley. Item #13 Nimmo Child::are & Resource Learning Center, Inc. Page 2 AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By vote of 11-0, the Board has approved item 13 for consent. Janice Anderson: Thank you. I I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply' Refer To Our File No. DF-6914 FROM: LLilley,,- DATE: April 23, 2008 DEPT: City Attorney B. Kay WiISO~~ DEPT: City Attorney TO: RE: Conditional Zoning Application; Nimmo Childcare & Resource Learning Center, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 6, 2008. I have reviewed the subject proffer agreement, dated January 16, 2008 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/bm Enclosure cc: Kathfassen This Document Prepared by: Fine, Fine, Legum & l\1cCracken, LLP Title Insurance Not PI"ovided for In this Transaction THIS AGREEMENT made this j(, day of January, 2008 by and between DONALD G. PRATT, Property Owner, herein referred to as Grantor, party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party 0 f the second part. w ! T N E .s .s E T H: WHERI:AS, Property Owner is the owner of certain parcels of property located in the Princess Anne dlstrict ofthe City of Virginia Beach, more particularly described as follows: See Exhibit "A" said parcels hereinafter collectively referred to as the "Property"; and WHERE~AS, 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-20 to 0-1, having been previously rezoned by agreement dated June 10, 1993 duly recorded on November 29,1993, in Deed Book 3307, at page 417; 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 development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Prpperty and at the same time to recognize the et(ecls of change that will GPIN No.2414-0 5-6572-0000 Page 1 of6 i/ t it J) Owner's Initials , I I be created by the Grantor's proposed rezoning, 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 resolve 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 with respect t? the Property, 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, 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 makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shalI 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: I. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Preliminary layout Exhibit A General Booth Office Building", dated July 27,2005 prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Page 2 of6 '1 /- ." /./// . if;;' t@ Owner's Initials Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The use of the Property shall be limited to (a) business offices; (b) medical and dental offices and clinics and laboratory; legal, engineering, architectural and other professional offices; accounting and bookkeeping offices; (c) florist retail; and (d) educational, child day care facility, before and after school care, children summer and non-school day programs; all in accordance with a conditional zonitlg duly approved by the City Council of the City of Virginia Beach. . 3. Access to the Property from General Booth Boulevard shall be in accordance with the Deed of Easement and Agreement dated December 16, 199], and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, in Deed Book 3055, at page 2018. 4. Lighting on the Property shall be directed inward and not toward surrounded property. 5. The existing residential structure shall be maintained and exterior improvements of any structure located on the Property will be constructed and maintained in a manner aesthetically compatible with adjoining residential uses and with Nimmo Church. 6. Provide privacy fencing along the southern property line adjacent to the residential property. 7. The daycare and before/after school program drop-off and pick up shall be scheduled in a manner to limit traffic entering the site to no more than 35 trips within anyone hour time frame. A right turn lane is required if trips entering the site exceed 35 trips within anyone hour time frame. 8. Grantor will develop a scheduled drop-off at the facility commencing at 6:00 o'clock a.m. 9. Grantor will internally develop a safe traffic program and educate the staff and parents on the importanc~ of the program for the safety of the children within their care as well as a safe ingress and egress from the property. 10. In the event of the sale of the day care andlor prt7rlJfl~r will disclose all /~Owner's Initials Page 3 of 6 , I I proffers and approved site plan conditions to any potential buyer, which disclosure shall be acknowledged by the buyer in the purchase and sale agreement. 11. 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. 12. These Proffers supercede all previous Proffers with respect to the Property described herein. All references hereinabove to the 0-1 Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this agreement by City Council, which are by this reference incorporated herein. 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 such 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 prov~se;;ion 15.2-2204 of the (IV Page 4 of 6 ~/ Owner's Initials Code of Virginla, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory ir~unction, 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 G'ny of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision ofthe Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; Cllld (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 COU!1: of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. Page 5 of (6 I)/J. t/ (//@ I/. V Owner's Initials I I STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, 11 r k/'l(.. If. K(' / q()l'~ , a Notary Public in and for the City and State aforesaid, do hereby certify that D~ald G. Pratt, whose name is signed to the foregoing instrument dated the~ day of January, 2008 did personally appear before me in my City and State aforesaid and acknowledge the same before me. GIVEN under my hand and seal this / tday of January, 2008. ' c:L.- a.~ Notary Public My commission expires: ", .$ V - cJ.,. /t' Registration No.: 02/al. / t.~ __ A. ..,.. ......, ..... ~~._ of nil" 1111. conilA_an ao 2011 Page 6 of 6 Exhibit "A" ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, near Nimmo Church, numbered and designated as Lot A, upon that certain plat entitled, "Subdivision of Property, Charles C. Hickman, et ux, D.E. 482, P. 21, M.B. 25 P. 70, Princess Anne Borough, Virginia Beach, Virginia, Scale 1" = 100', September 24, 1971, W. B. Gallup, Surveyor," said lot being of the size and dimension as shown on said plat, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 88, a: Page 45, to which reference is hereby made for a more particular description for the land herein conveyed. II II JOHN SARGENT Map L-4 r-1op Net te Scale Non-Conforming Use Relevant Information: · Lynnhaven District · The applicant requests approval of alterations and enlargement to a nonconforming use. · The applicant hired a contractor to convert a portion of the glassed- in porch on the rear of Unit 203 to living area, to rehabilitate and expand the utility room, and to add a new set of exterior stairs on the . northern section of the structure. · On February 12,200,8, the City Council directed the applicant to (1) meet with the North End Civic League to have that group review the proposal, and (2) have a qualified design professional assess the work done to the structure and, in consultation with the City Building Official, determine the necessary actions to ensure the work complies with the Building Code. Recommendation: · Approval with conditions. I I ~~~~ '-:.l~~~#2.. fC'......~. "rt' :t:.. ..- :"i~ (\;: :>, \~~;:- ..~ij "''',... .... ':J ,..~.~.~ -~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution authorizing the Expansion of a Nonconforming Use on property located at 203 62nd Street (GPIN 24197233980203) for John Sargent. DISTRICT 5 - L YNNHAVEN. MEETING DATE: May 6,2008 . Background: On February 12, 2008, the City Council indefinitely deferred this application, with the proviso that the application be returned to the City Council within 60 days. The City Council directed the applicant to (1) meet with the North End Civic League to have that group review the proposal, and (2) have a qualified design professional assess the work done to the structure and, in consultation with the City Building Official, determine the necessary actions to ensure the work complies with the Building Code. More than sixty (60) days have passed since . City Council's February 12 action. On April 9, staff emailed the applicant's attorney, informing him that the application was being scheduled for City Council's May 6 agenda, and requesting documentation that the two items 'above have been addressed. There was no reply to the email. The applicant requests approval of alterations to a nonconforming use. The site is nonconforming because three (3) dwellings currently exist on the site. Based on the size of the lot, the R-5R Resort Residential district allows one (1) single- family dwelling or one (1) duplex dwelling. The subject dwelling and the detached garage with workshop are original dwellings built in 1944 on 62nd Street. At some point in the past, the detached garage with workshop was converted to a garage apartment with workshop. In January 1989, previous owners obtained a building permit to add another dwelling unit, 205 62nd Street, to the site. In June 1989, the previous owners created a condominium on the site with each dwelling unit being a separate condominium. Unit 203-A consists of the garage apartment located at the rear of the lot. Unit 203, the subject unit, consists of the dwelling located at the mipdle of the lot. Unit 205 consists of the dwelling located at the front of the lot. Unit 203 and Unit 205 are physically connected and are, therefore, considered a duplex. After converting the lot to condominium, the dwellings were then sold to different people. Considerations: The applicant hired a contractor to convert a portion of the glassed-in porch on the rear of Unit 203 to living area, to rehabilitate and expand the utility room, and John Sargent / Nonconforming Use Application Page 2 of 2 to add a new set of exterior stairs on the northem section of the structure. The conversion of the glassed-in porch and the expansion of the utility room occurred under E~xisting roofs and did not expand the footprint of the structure. The only extema I expansion of the structure occurred with the addition of the new stairs. The addition of the stairs does not encroach any further into the side yard setback than the existing structure and does not encroach into the rear yard setback. Even though three (3) dwellings exist on the site, the total lot coverage and floor area for all three (3) structures does not exceed that permitted in the R- 5R Resort Residential District. There was little if any change to the exterior of the structure than what existed prior to the conversion, expansion, and addition of the stairs. . Recommendations: The altmations are reasonable, have a minimal impact, and are as appropriate to the distl"ict as the existing non-conforming use. 1. The applicant shall obtain all the necessary permits from the Permits and Inspections Division of the Planning Department, and a Certificate of Occ Jpancy from the Building Official. 2. Witt-in thirty (30) days of City Council approval, the appHcant shall meet at the property with a design professional and the City Building Official to determine what, if any, steps are necessary to bring the prior work done to the building into compliance with the Building Code. The applicant shall allow the design profHssional and the City Building Official access to the interior and exterior of the building for this purpose. 3. Within sixty (60) days of City Council approval, the applicant shall complete any required work identified through the actions of Condition 2. . Attachments: Staff Review Disclosure Statement Location Map Resolution Recommended Action: Approval with conditions. Submitting DeltartmenllAgency: Planning Departme~ City Manager~~ 'i ~ ~ IJY"'t.., I I REQUEST: JOHN SARGENT May 6, 2008 City Council Meeting Staff Planner: Faith Christie Alterations and Enlarqement to a Nonconforminq Use for enclosure of a glassed in porch, expansion of a utility room, and addition of new stairs. ADDRESS I DESCRIPTION: Property located at 203 62nd Street GPIN: 24197233980203 COUNCIL ELECTION DISTRICT: 5-LYNNHAVEN SITE SIZE: 12,375 square feet SUMMARY OF REQUEST The applicant requests approval of alterations and enlargement to a nonconforming use. The site is nonconforming because three (3) dwellings currently exist on the site. Based on the size of the lot, the R-5R Resort Residential district allows one (1) single- family dwelling or one (1) duplex dwelling. The subject dwelling and the detached garage with workshop are original dwellings built in 1944 on 6ild Street. At some point in the past, the detached garage with workshop was converted to a garage apartment with workshop. In January 1989, previous owners obtained a building permit to add another dwelling unit, 205 62nd Street, to the site. In June 1989, the previous owners yreated a condominium on the site with each dwelling unit being a separate condominium. Unit 203-A consists of the garage apartment located at the rear of the lot. Unit 203, the subject unit, consists of the dwelling located at the middle of the lot. Unit 205 consists of the dwelling located at the front of the lot. Unit 203 and Unit 205 are physically connected and are, therefore, considered a duplex. After converting the lot to condominium, the dwellings were then sold to different people. The applicant hired a contractor to convert a portion of the glassed-in porch on the rear of Unit 203 to living area, to rehabilitate and expand the utility room, and to add a new set of exterior stairs on the northern section of the structure. The conversion of the glassed-in porch and the expansion of the utility room occurred under existing roofs and did not expand the footprint of the structure. The only external expansion of the structure occurred with the addition of the new stairs. The addition of the stairs does not JOHN SARGENT May 6, 2008 City Council Meeting Page 1 encroach any further into the side yard setback than the existing structure and does not encroach into the rear yard setback. Even though three (3) dwellings exist on the site, the total lot coverage and floor area for all three (~:) structures does not exceed that permitted in the R-5R Resort Residential District. There was little if any change to the exterior of the structure than what existed prior to the conversion, expansion, and addition of the stairs. LAND USE AND ZONING INFORMATION EXISTING LJl.ND USE: Three (3) dwellings (a duplex and a garage apartment), associated parking, and landscaping exist on the site. The site is zoned R-5R Resort Residential. SURROUNDING LAND USE AND ZONING: North: South: East: West: . Vacant lot 62nd Street Single-family dwelling / R-5R Resort Residential Semi-detached dwellings / R-5R Resort Residential . . . NATURAL RE:SOURCE AND CULTURAL F'EATURES: The site is heavily landscaped with native vegetation. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES There is no irr pact to City Services. Staff recommEmds approval of this request. EVALUATION AND RECOMMENDATION The proposed alterations and enlargement are reasonable, have minimal impact, and are as appropriate to the district as the existing non-conforming use. The main external expansion of the structure occurred with the addition of the new stairs. The addition of the stairs does not encroach any further into the side yard setback than the existing structure and does not encroach into the rear yard setback. The request, therefore, is acceptable. JOHN SARGENT May 6, 2008 City Council Meeting Page 2 CONDITIONS 1. The applicant shall obtain all the necessary permits from the Permits and Inspections Division of the Planning Department, and a Certificate of Occupancy from the Building Official. 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 (CPT ED) concepts and strategies as they pertain to this site. JOHN SARGENT May 6, 2008 City Council Meeting Page 3 .". ! .iliiJ1J ~ E.XHiBIT :: 1-9r.-/VI j I ... ""e .,.0(.:$1..1'), I....v S.lJlIJ'vtl"O__. lItr.cel" l:'c."r'" :r..." #l...... >'$ "~:.vlt...,.t &I'r.) ~:1."'t.tt:t .r,.l't ,ccrlO. !LS" '1",'. (.J " :OJ'll:' ~~~ 0' Y.tIUH". ...gc ..,,~ e.rt$ O("I~TtO wl*t'CII 1t."C .t~. %>Jts:-....,.'..t:.'" :-0-....:.(":":,. 4~ 6~ w. ~ fr:~'*"'~''',:~~ l.!.y~~~l t"" '~~ ;1 ~\. r....~,_, ".:,:?:,;' "'~;':-"" ~' .~ .:., ~ 10: / i.l!lf,a 10"/'< :<,1</ 's~s: '~~~::-:~:< .'. ,. ~;'~-"~"..' ---:-;--~':<-:--; ~ ~'"' ,,~'ocWW' 52.'10 5T R E:€ T ( so' R / Ii i . y -: ,1,. ,'..r ~ S>~ .,~~ --. ;;p ~ 74f?7Z3J,SOCCC 10 G- 0. t"..~' ..----- ....,"'"-.. 'I r 11 ) i i ;' ! '^o: :!: t.CGCNO. ZJ ~1I't'.::"3,.!tJS'NC C ::r:c.."N .. "fC;:' E: VN:r!':) CO.~ ':'~r.:J. ","YJ <;0(1'1' :;-0., fE :.;~;rc::> COM.'.r.c"> A,;or.:l Felf '..'Il;rr ::'03'; E:J : ~~; r ~~:;:: .)4tJ.tC,,, A~{::. ~";;o''J ~ :UtJi.,. :1.CS' ':r~4t'-IJ;.'- 3l1S~(l<::.QS t:>~.,.. ~3 :oe. ...'4 t"1-"1'1. .. ;:3~S:"02.b3 t..J..,;.,. ~'3A.'::, At4;,~..""r'::..." 33q""''2.'''3~ p!,,(:!".'C ,{,vE 'l'>:,.-t ~ ~ AliENate CCNO(JNUtIU"" P-t..A.i 2:JS 62ND STREET '* &:JIUX"IIt1HlJtI 6C-JNI$ loOT 9 SWC/C' S'f:CTIQN t! NE.YIRlJtNJA. lIKACH lit. ~ PH t."""'.lI'CIf ~tJ$n lI'flt4UtU#l inKN. 1IA '$r:.,"~ }",.u; t7'tlA'f" I'.' ":s~~-c~1M. ~7-t .....=~: !;MtEJ' ~ q~ , =-;;:::::~-:::;;_.- PROPOSED SITE PLAN JOHN SARGENT May 6, 2008 City Council Meeting Page 4 " , , " r ~~ PHOTOGRAPHS OF Al TERTED AREAS JOHN SARGENT May 6, 2008 City Council Meeting Page 5 Map L-4 Map Net '.e Scale Non-Conforming Use 1. 1/28/9L: Alteration to a Nonconformin Use 2. 12/12/07 Subdivision Variance Withdrawn Approved ZONING HISTORY JOHN SARGENT May 6, 2008 City Council Meeting Page 6 z o I I ~ U I I .......:I ~ ~ ~ CI':J P c;..:, Z ~ o ~ Z o u . Z o Z I I II DISCLOSURE STATEMENT II APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) /vA 2. List all businesses that have a parent-subsidiari or affiliated business entity2 relationship with the applicant: (Attach list if necessary) lv/-\- ,.EI Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or ffiliated business entity' relationship with the applicant: (Attach list if necessary) y;r Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 2 & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No If yes, what is the name of the official or employee and the nature of their interest? Non-Canto rmlng Use Applicaboo Page 8 01 9 Revised 7/3107 JOHN SARGENT May 6, 2008 City Council Meeting Page 7 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the reqw~sted property use. including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1 'Pa "ent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of anclther corporation.' See State and Local Government Conflict of Interests Act. Va. Code S 2.2<1101. 2 "Aff liated business entity relationship" means "a relationship other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in thl~ other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared n1anagement or control betvveen the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manc:lge the two entities: there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code S 2.2-3101 CERTIFICA TION: I certify that the information contained herein IS true and accurate. I understand tlal. upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining ar,d posting the reqUired sign on the subject property at least 30 days Jrior to the scheduled public hearing according to the Instructions In this package. The undersigned also consents to er.try upon the subject property by employees of the Department of Planning to pI' otograph and view the site for purposes of processi~g and evaluating thiS application /~ . I / / . . _ j i ,I, :. Applicant's Sl!~ature I ~/} I --- / Property wn,~r Ig atu T ('-( .t.""... , I", f'''' ). )t,[N",." I~ Print Name J . ,'0 "'" \ $(V~y,t r.=- Print Name I Non-Conformmg Us~ Appllcatlo~ Page 9 of 9 Revised 713i07 z o , I I I~ lu I I I ~ r'. .ea ~ ~ p '-=' Z I I ~ o ~ Z 10 lu , . Iz o Z JOHN SARGENT May 6, 2008 City Council Meeting Page 8 z o I I ~ U I I ~ ~ ~ ~ CI":) . ;::::J ~ z ~ o J;:I;.c Z o u . Z ~~/1- 0 '.e:; ~ ^ .,..c ,.' 7 ....--/ .:- iV,V! (."'---- -- ,. " ,7 "'2.~ .~, i''-- I /. tfII!::--.t II DISCLOSURE STATEMENT II ADDITIONAL DISCLOSURES list all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services. financial services, accounting services. and legal services: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act. Va. Code ~ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling ow ner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act. Va. Code ~ 2.2-3101. CERTIFICA rION: I certify that the information contained herein is true and accurate. I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ,do--- :zj- A 1-:>6. v LA e v ;1h " Print Name ~ _" l-.. , .'I"'\ ,- !) Print Name - -~.... . >1 )~ . ?i~ ,-;; , ,i "" "- Non-Conforrmng Use Application Page 9 of 9 Reyised 713107 JOHN SARGENT May 6, 2008 City Council Meeting Page 9 z o I I !< u I I ~ ~ ~ ~ CI':} ;:::J t.::) z ~ CERTIFICA nON; I certify that the information contained herein is true and accurate 0 I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearin!l. I am responsible for obtaining and posting the required sign on the subject property at ~ least 30 days prior to the scheduled public hearing according to the instructions in this package. The Z undersigned iilso consents to entry upon the subject property by employees of the Department of Planning to p10tograph and view the site for purposes of processing and evaluating this application. A/~[ }tJP J.---, jJ&v- J<Yp- A F'.vl<~vM4 8 /~Iicant's Signature ~ Print Name ~ . jj:' \. ~ 'I' J ,'- - - -- ) Z ' V I .: 'I ~l ~ --t . L L \.. ' 1-1 IF,. { i r ). -:~/.~, . ~ L P_rty ~"'SFignal"", ~ .!ie,ent than app"_) Pnnt Name ! 0 Z II DISCL.05URE STATEMENT II ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use. including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: {Attach list if necessary) 7J r (~ t "P3rent-subsidiary relationshi p" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of aflOther corporation." See State and Local Government Conflict of Interests Act. Va. Code ~ 2.2.3101. 2 "Alftliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling ow ner in one entity is also a controlling owner in thu other entity, or (iii) there is shared management or control between the busi ness entities. Factors that should be con sidered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business er,tities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between thE~ entities." See State and local Government Conflict of Interests Act. Va. Code ~ 2.2-3101 Ncn-Confo"T\lng Us e Application Page 9 of 9 Revised 7/3lD7 JOHN SARGENT May 6, 2008 City Council Meeting Page 10 1 VIRGINIA BEACH CITY COUNCIL February 12, 2008 6:18 p.m. FORMAL SESSION APPLICATION OF JOHN SARGENT FOR EXPANSION OF NONCONFORMING USE VERBATIM CITY COUNCIL Meyera E. Oberndorf, Mayor Louis R. Jones, Vice-Mayor William R. DeSteph Harry E. Diezel Robert M. Dyer Barbara M. Henley Reba S. McClanan John E. Uhrin Ronald A. Villanueva Rosemary Wilson James L. Wood At-Large Bayside - District 4 At-Large Kempsville - District 2 Centerville - District 1 Princess Anne - District 7 Rose Hall - District 3 Beach - District 6 At-Large At-Large Lynnhaven - District 5 CITY MANAGER: CITY ATTORNEY: CITY CLERK: James K. Spore Leslie L. Lilley Ruth Hodges Fraser, MMC DEPUTY CITY CLERK SARAH DEAL JENKINS 2 CITY CI,ERK: The next Application is John Sargent for Expansion of a Nonconforming Use at 203 62nd Street in the District of Lynnhaven. Mr. John Richardson is representing the Applicant. JOHN RICHARDSON: Madam Mayor, Members of Council. MAYOR OBERNDORF: Mr. Richardson. JOHN RICHARDSON: Good evening. My name is John Richardson. I'm a local attorney. I represent the Applicant in this matter. Doctor John Sargent does not live in Virginia Beach. He bought the property at issue in March of last year. His real estate agent recommended a contractor to do some repair work to the home, some improvements Dr. Sargent wanted to make. Doctor Sargent spends most of his time in South Africa and is an absentee landlord, but he relied upon the contractor to obtain the necessary permits and approvals to do this work. The contractor did not obtain the first scrap of paper from the City of Virginia Beach, and we're here today with hat in hand to admit that freely, that nothing was done that should have be2n done in accordance with the City Statutes. There was no ~pplication to Council to make improvements to this nonconf~rming use. This is a standard North End lot that had a house and a garage apartme~t since the 40's or so, but then another unit was added t~ form a duplex in the front. So, there are three units o~ the property, and this is a nonconforming use. So, prior t~ the first nail being hammered, the Applicant, Dr. Sar'}ent, should have come before the Council to obtain Council permission and then go through the necessary permit and approval process with the City authorities to do this work. Two things I'll point out in the write-up by staff, which I should hasten to add, recommended approval of the application tonight. is that the conversion of the glassed-in porch and the expansion of the utility room occurred under existing roofs and did not expand the footprint of the structure. The only true expansion of the structure occurred with the addition of a new staircase. That staircase is not to Code and will have to be redone, and Dr. Sargent understands that, at his E~ X pen s e . Hew ill c e r t a i n 1 y , and we 0 f fer ton i g h t to, obtain all necessary permits and approvals, to cooperate with the C i t :1 0 f f i cia 1 s, wit h the B u i 1 din gIn s p e c tor, to s how the work that's been done and to bring any work that's been done that's not in accordance with Code in accordance with Code and 3 do whatever the City requires to have these three items performed at the property approved. Dr. Sargent is here with me tonight and certainly can tell you that he relied completely upon his contractor to do the appropriate due diligence with the City, which was not done. I've sent him the website for the State Board for Contractors, and when he returns to his office in Washington in the next few days he intends to file a complaint with the State of Virginia State Board for Contractors against this gentleman, because this is going to cost him additional monies in redoing the work properly that mayor may not have been permitted. We think it would have been permitted by Council. It is innocuous, at best. As I say, it did not increase the footprint of the home at all, and just it glassed in a porch, added that staircase, and the wall that kind of juts out was made straight. It had an indention in it before and it was brought straight across. So, we don't think it would have been such a change it would have brought Council's concern to bear , but, in any event, it's been done. We apologi ze and we're here to ask for Council's permission to go through the appropriate process and bring the house into Code to the extent that it's not. I'm happy to answer any questions. The Powells, who are the neighbors are in support of his application. Doctor Sargent is here. behind him, are here and MAYOR OBERNDORF: Thank you. JOHN RICHARDSON: Mr. Wood? I'm sorry, I thought you had a question. COUNCILMAN WOOD: She's supposed to call upon me. JOHN RICHARDSON: My apologies. MAYOR OBERNDORF: I'm still the Mayor. JOHN RICHARDSON: Yes, Ma'am. I'm sorry. COUNCILMAN WOOD: You don't want to switch? JOHN RICHARDSON: No, I 1 i ke my job. job. That's a tough MAYOR OBERNDORF: Mr. Wood? COUNCILMAN WOOD: You were kind enough to send me some 4 photographs before and after. JOHN RICHARDSON: Yes, sir. COUNCI]~MAN WOOD: And then I'm looking at it on the pictometry, the aerial photo here of what you said. But can you go back to Show me what's new with the laser it, wh:.ch kind of shows the elevations, there? pointer thing there? JOHN RJ:CHARDSON: Yes, sir. COUNCIl.MAN WOOD: What was closed in and what was not, because that's a little confusing from these photos? JOHN RICHARDSON: That's new. That wall is new that goes in that direction, Mr. Wood. This was all glassed in prior to The back surface is new. that time. COUNCII,MAN WOOD: Now, the way it looks according to the aerial is that that roof was existing then. JOHN RICHARDSON: Yes, sir, that's correct. COUNCILMAN WOOD: So, there's no encroachment outside of the existing footprint of the building, other than the fact you were closing in a porch Dr a sun room or whatever it was at that point? JOHN RICHARDSON: Yes, sir, that's correct. There is no change to the footprint. COUNCILMAN WOOD: So, the only thing that was actually added was the stairwell that doesn't meet Code? JOHN RICHARDSON: Yes, sir. And the wall was brought across, this wall was brought across here, to incl~de, incorporate, the existing laundry room with the rest of the house so you didn't have to go outdoors to go to the laundry room. So, that was made, the wall was brought all the way across here. If you can see from the "before" picture, you'll see it's indented. It's kind of an "L" -- not an "L" shape, but it's a rectangular indention. COUNCILMAN WOOD: Okay, I see. I , 5 JOHN RICHARDSON: May I? Do you have that? COUNCILMAN WOOD: I've got them, yes. Thanks. JOHN RICHARDSON: So, to the right of that, the electrical box was indented, and that was simply brought straight across, but there was no change in the footprint or the roof line of the existing dwelling. Do you want me to call anybody else, Mayor? COUNCILMAN WOOD: Just one more. MAYOR OBERNDORF: You may. America. Feel free. This is COUNCILMAN WOOD: And, Mr. Whitney, the reason this is nonconforming is, just for the folks that weren't watching the Informal Session, this is one of the older lots that had three units on it and they were only supposed to have two? JOHN RICHARDSON: Yes, sir, that's correct. MAYOR OBERNDORF: You will have the right to rebuttal, if there are others who want to speak on the opposing side, I guess. JOHN RICHARDSON: Thank you, Mayor. MAYOR OBERNDORF: Thank you. CITY CLERK: Dave Jester? You'll have three minutes, sir. MAYOR OBERNDORF: Good evening. here, so I was hoping I two minutes. Good evening. My wife was also supposed to speak, but she is not could get four minutes and save you DAVE JESTER: MAYOR OBERNDORF: That will be fine. DAVE JESTER: I'm Dave Jester. I live at 200 63rd Street. I also happen to be President of the North Virginia Beach Civic League. I also am on the Civic League Zoning Review Committee. I also own 204 63rd Street, which is directly behind this property, so I'm an adjacent property owner. And I'm a licensed 6 contractor, been in business twenty-five years. As a member of all of these organizations and associations, I'm not in favor cf any aspect of this request. First of all, I apologize for being here and taking up Council's time for this matter. Normally, in our Civic League an applicant that wants to do something to a nonconforming property comes to us first before the work is done, and we will try and work out a solution, something reasonable, and avoid having these issues come up and take your time before City Council. In this case, the applicant left us no choice; the work was already done. Two representatives of our Zoning Review Committee, Billy Almond and John Wilson, went and reviewed this property with representatives of the owner and basically said "listen, this is too confusing, it's questionable, there's just not enough time for us to sit down and look at this when you only gave us a few days notice. They just called us a few days ago. So, if you want to discuss this and come up with something that might work, let's delay this". Basically, the answer was "we'll take our chances with City Council". So, I'm here. I was frankly appalled by the recommendation for approval. This had no permission, no plans, no permits, no inspections. Basically, it's a hundred percent wrong every way you can look at it. How can you recommend approval? Heck, myself and our neighbors don't even know if this place is safe. This could be the next fire trap in Virginia Beach. Some of this was gut rehab. I mean, they took walls down to the bare studs, no inspections, no approvals. Two of the properties are 3 feet off of adjacent property owners to the west and to the north. That's very close. We recently had a fire at the North End and you know what happened in that. Third, the applicant is a doctor. He is an intelligent fellow, but he'd have you to believe that this was totally the contractor's fault. He spent hundreds of thousands of dollars buying this property. He probably had at least two real estate agents involved. You had a real estate attorney and you had a general contractor. You had all these professionals involvej and nobody told him this was nonconforming? Nobody told hi:n he needed to have a permit? It's more like a fairy tale. I'm a licensed contractor and in the twenty-five years on occasi01 somebody has said "do we have to get a permit"? The resounding answer is "yes, you have to get a permit". I'm not going t) jeopardize my license for anybody. And the only reason yOU wouldn't do it is if you were trying to save the fellow 30me money, but he's paying for it anyhow, so you don't , I I 7 save anything. I think all of this just speaks of money; that's what it comes down to. They tried to cut some corners, tried to not get permits, tried to do work that they might have been denied but went ahead and did it anyhow, so it's a complete fiasco. So, in conclusion, the only reason you guys would vote for this would be if you're going to try and save this fellow some money. I don't think you're obligated to make him a successful real estate investor, not at all. But if you do vote, it's going to be at the expense of our community, our neighborhood, and my neighbors. This meeting is being televised. I'm sure members of my Civic League are looking at this. I'm sure members of the real estate community are looking at this, and I'm sure members of the building community are looking at it. If you say yes, what kind of message does that send? "Come to Virginia Beach. You don't need plans. You don't need permits. You don't need inspections. Just ask for forgiveness." I request that you deny every aspect of this applicant's request. Any questions? MAYOR OBERNDORF: Are there any questions for Mr. Jester? COUNCILMAN WOOD: I have a question for Mr. Whitney. MAYOR OBERNDORF: Mr. Wood? COUNCILMAN WOOD: Also being a licensed contractor, I agree with an awful lot of what Mr. Jester says, because I have a lot of people that come to me and say "do we have to get a permit", and you know it's a tough thing. Having never thankfully been in this situation, if this is approved, what are you going to have your staff do to make sure this is safe? Because walls have been closed in, there's certainly, probably, electrical has been done, all sorts of things; tell me what you're going to do to assure the Council that if we approve this that we're going to make sure this is done? JACK WHITNEY: You'll see conditions in there attached to this application. If you approve it, we'll make sure that all the Code-related issues are brought in compliance and make sure that everything is done in accordance with all the applicable permits necessary. COUNCILMAN WOOD: But, I guess, tell me how you're going to do that? In other words, 8 are you just going to take an engineer who comes in and says it's f:_ne, or are you actually going to remove wallboard and actuaL_y look and see? I mean, what I need in terms of comfort level here is I want to make sure that if this is done, because on the face of it it's benign because it doesn't encroach or anything like that. Just taking a look at the steps, any contractor knows that those steps don't meet Code. The rail is wrong. Everything is wrong about that. The fact that eJ.ectrical has been closed in. Plumbing has probably been closed in. All of these things, I want to have the confidence that it's going t.O be inspected. If this guy didn't get a license or didn't get a permit, maybe he doesn't even have a license, this contractor. You know, I looked while I was up here, I looked up on the disclosure, the name, I guess, State of the Art Corstruction, or whatever it is, and they don't show up on the State Board of Contractors website, so that's another concerr: of mine. JACK WHITNEY: Well, as I say, we'll make sure that everything is brought into compliance. Mrs. Lasley and her office will be working with it, and I'll ask her if she'd like to elaborate on any of the specific issues on process having to do with the review of the site and the plans and so forth. KAREN lASLEY: And actually, it's our Building Official, Cheri Hainer, that they have tc make happy. And often that involves taking down drywall so that the inspector can actually see the plumbing and the electric work, and that's not uncommon for that to be required. COUNCILMAN WOOD: I guess, my concern is I'm worried about the safety of the structure done, and it's just worrisome to me because all of this being in that regard, but okay. KAREN LASLEY: I mean, if they can't get a Certificate of Occupancy, it would COUNCILMAN WOOD: somebody is in the house But they're already living there. Somebody is living there? Yes, so now. So, what happens in that case? KAREN LASLEY: Again, it would be up to our Building Official. I'm sorry, she's not here to help us with that, but I can find out and get back to you. 9 COUNCILMAN WOOD: Well, let me see if we have any more speakers. MAYOR OBERNDORF: Madam Clerk, are there any other speakers? CITY CLERK: No, Your Honor. MAYOR OBERNDORF: Mr. Richardson, do you want a rebuttal? COUNCIL LADY HENLEY: May I ask a question? MAYOR OBERNDORF: Please, Mrs. Henley? COUNCIL LADY HENLEY: Similarly, of Mr. Whitney, if we were to deny it what would happen? JACK WHITNEY: They would have to remove all of the improvements that were made. MAYOR OBERNDORF: But he'd still own the property. JACK WHITNEY: Yes, and it would be up to them to decide whether or not to come back through the process as if it had not occurred. COUNCIL LADY HENLEY: What is the practicality of that? Would they have to restore it to the original condition and then start over? Because if they changed walls, you can't remove a wall without having the interior of the house exposed, could you? JACK WHITNEY: They have to go back to the original condition, as I say, and come back through the process and remove everything that was done without the necessary permits. MAYOR OBERNDORF: Mr. Wood? COUNCILMAN WOOD: But Mrs. Henley makes a very good point. What was the original condition of the house, because we don't have that? As Mr. Jester pointed out, there was a lot of interior rip-out and that sort of thing that isn't going to show up on any aerial photographs. JACK WHITNEY: We would simply have to make our best judgment based on the before photographs and any other evidence we would be able to obtain 10 in ordEr to determine when the appropriate level of removal is achievEd. And it may get to just be a judgment call at some point with some of the improvements that we have no way of knowing what the prior condition may have been; interior pieces, for example. MAYOR OBERNDORF: Mrs. Henley? COUNCIL LADY HENLEY: I'm finished. COUNCILMAN WOOD: Can I? I needed to ask Mr. Richardson some more questions. MAYOR OBERNDORF: You feel free, because this is a tough one. JOHN RICHARDSON: Yes, sir? COUNCILMAN WOOD: Who occupies the house now? JOHN RICHARDSON: Doctor Sargent, who is your tenant, please? DOCTOR JOHN SARGENT: Beverly Mason. JOHN RICHARDSON: Beverly Mason, Mr. Wood. COUNCIL:!-lAN WOOD: Is it a long-term lease? Month-to-month lease? JOHN RIC:HARDSON: It's an annual lease, to my knowledge. COUNCILl!-lAN WOOD: What is the possibility of having the tenant move out until all this work is done? JOHN RI'::HARDSON: I gues s, we would have to, I gue s s, we would end up with a court battle to have her leave the property, unless there's some type of evicti01 notice from the City to have this done. I don't know what her circumstances are. I imagine it would be extraordinarily disruptive to her life, but, again, if that's what CO'Jncil decides. COUNCILlQN WOOD: Do you see where we're going with this? JOHN RICHARDSON: Yes, sir, I do. But what I would submit is that you reach the same 11 goal by requiring us to open the property up, remove the wallboard, do whatever is necessary to obtain the City Inspector's, the Building Inspector's, Cheri Hainer's approval for what's been done. We will do whatever is required to reflect that the work was done and bring it in accordance with Code to the extent it's not. So, I do understand the concern, but I think you get to the same situation if you permit us to move forward quickly with a different contractor to bring the property in compliance, a licensed contractor. COUNCILMAN WOOD: Yes, and I MAYOR OBERNDORF: Mr. Uhrin? a look at the staff fairly benign. But the property behind If I could just follow up? I guess, where my concern is, is when you take write-up and the photographs it looks then Mr. Jester who lives nearby and owns it, I guess, the vacant lot there? COUNCILMAN WOOD: JOHN RICHARDSON: Yes, sir. COUNCILMAN WOOD: When he says that he saw a lot of interior work going on that that is a lot less benign. I guess, that's what really worries me, you know, what's inside some of those walls, how the electrical was run. Because, clearly, theoretically, you had an electrician run the wire who decided not to get a permit, a plumber who, theoretically, if it was a plumber, if it wasn't just somebody's brother-in-law who decided to do the work, and that's my concern. Because for plumbing there's backflow issues, obviously, fire issues on the electrical side, and I'm just really concerned about that. It's just a little bit different than what it looks like on paper here. JOHN RICHARDSON: Without question. But I do suggest that you do reach the same goal by having us go through the City's Building Inspector's approval process and working with them to show them whatever they want shown to then bring the property into Code to the extent it's not, and all we know' at this point in time is that the exterior staircase is not in accordance with Code. There are ceiling lights on the old glassed-in porch. Those lights weren't changed. There were no lights added to the walls, so we don't believe there's any electrical work done there. We don't think that it's as dramatic as might be suggested by others, but it does appear to us that it's a fairly innocuous renovation, which, as I say, is whatever the City requires. 12 And thE suggestion that Dr. Sargent may have done this intentionally to save money is not accurate. Doctor Sargent was unaware that Mr. Knapp did not know what he was about when he went to do this work. COUNCILMAN WOOD: Who is Mr. Knapp? JOHN RICHARDSON: The contractor, the principal of the corporation. And this is going to cost him a lot more money at the end, because he's going to have to go back and pullout the work that's been done to show the inspectors what was done and then redo it with a different contractor. So, it's going to be an expensive proposition, but he will do whatever it takes to get that done. And, again, 'he is extraordinarily apologetic for the circumstances he finds himself in, as well as he brings before you. MAYOR OBERNDORF: Mr. Uhrin and Mr. Diezel also have questions. I can come back to you, Mr. Wood, if there's something else. COUNCILMAN WOOD: I'm good for a second. COUNCILMAN UHRIN: Mr. Richardson, has your client met with the North End Civic League or of the, I know that there is a fairly review for that neighborhood, have they met any of that process, even retroactively? gone through any stringent design and gone through JOHN RICHARDSON: Yes, sir. He met with Mr. Almond and John Wilson of the North End Civic League at the property Friday morning, I believe. COUNCILMAN UHRIN: Very recently? JOHN RICHARDSON: Yes, sir, yes, sir. And I talked to Mr. Almond, and I don't wish to speak We discussed the issue of a deferral. necessary, and I certainly did not say to our chances with Council. for him, Mr. Almond. He didn't see it was anyone that we'd take COUNCILMAN UHRIN: Right. Well, but we also understand that we do have the President of the Civic League here. Would your client be willing to re-visit that and then come back at a future date, or is that not anything that you would want? JOHN RICHARDSON: Certainly. I , 13 COUNCILMAN UHRIN: In other words, if for some reason Council, if it was the will of Council not to act on this application tonight but instead to give your client an opportunity to work with the Civic League in the normal process to do that and help to allay some of, at least, several members' fears about the safety considerations; is that something that you would be amenable to? JOHN RICHARDSON: Of course, of course. We attempted to work with the Civic League. As I say, Mr. Almond, who is, I believe, he's the Chair of the Zoning Subcommittee, didn't indicate a deferral, that he thought deferral was appropriate. But, again, we had a conversation, a brief conversation, and there may be different reasons why he felt that way. But, certainly, if Council's pleasure is a deferral, we'll be happy to appear before the North End Civic League and show them what was done and ask to see if we can work with them to bring this back before Council to gain consent to have the work brought in accordance with Code. However, as the process unfolds, we would like to get a contractor in there as soon as possible to try to address these issues. So, if we could do these simultaneously, just to show the City Buildinif Official what's been done and to give her a handle on what's going on, we just don't want to delay the retrofit to the extent it's necessary, Mr. Uhrin, if there is any safety issue. We don't think that there is, but to the extent there is we want to allay that concern, as well, and have somebody move as quickly as possible. I'm afraid that the City Building Official is not going to work with us while it's pending before Council. So, it may be the cart before the horse. I don't know how to address that. and the second one really know how you I guess, you have two different issues there; one, the design issues, would be the safety issues, and I don't sequence that, in terms of resolving it. COUNCILMAN UHRIN: JOHN RICHARDSON: Yes, sir. MAYOR OBERNDORF: Mr. Diezel? COUNCILMAN DIEZEL: Thank you. Has an official citation been issued, in terms of what's not correct? JOHN RICHARDSON: Not that I've seen, no, sir, Mr. Diezel, but I'll ask. Dr. Sargent? No, sir. 14 COUNCII,MAN DIEZEL: All right. You pointed at the stairway as being not to Code. JOHN RICHARDSON: Correct. The railing, the hand railing, it might work for a nursery school, because you'd have to walk like this to put your hand on it. So, it's clearly not to Code, and I'm far and away not a contractor. COUNCILMAN DIEZEL: I'm inclined to agree with Mr. Uhrin in terms of taking that back to probably the toughest Civic League Review Committee we have in the ci ty. But in looking at that, that "before and after" picture appears to complement the cosmetics of th~ surrounding neighborhood rather than detract from it. I'm assuming that if you have to rip open walls and whatnot, they're going to stand open for a while and you're going to have some interior problems, and it's going to be an eyesore. So, if your client is in a position to go back and chat a little bit, I th~nk that would be in your best interests. Now, if there are other specific violations, if that whole stair assembly is wrong, then I'd go right back to the Building Official and say "in the interim until a decision is made one way or the other, may we correct by tearing down or removing the known obstacles or the known citations"? I don't think I'd wait for that, John. JOHN RI:::HARDSON: And happy to do so. that, Mr. Diezel. We're glad to do COUNCI~~N DIEZEL: Yes. You, like a lot of attorneys, understand my background on that State A:Jpeals Board for eight years. JOHN RICHARDSON: Yes, sir. COUNCILl-1AN DIEZEL: There were time s when there was a certain degree of belligerence by both th,~ contractor and the owner, and they lost every time in front of that Review Panel. On the other hand, when they came in and did what you did, said "we made a mistake and didn't realize it", that gives all of us the room to try to come back and say "all right, is there a correctible solution there"? And I think John probably got his finger on it, if they can't get togE,ther, this Council will make a decision when you bring it back. JOHN RICHARDSON: Yes, sir. We're happy to follow in I I 15 that procedure. COUNCILMAN DIEZEL: Thank you. MAYOR OBERNDORF: Mr. DeSteph? COUNCILMAN DESTEPH: I had a question for Jack. Jack, while we're deferring this, can they actually move forward and fix the safety-related issues, and in parallel can we get our City Inspectors to go out there when they open up the doors, look at the electrical, look at the plumbing, and make sure that it's actually safe? JACK WHITNEY: We can't give them a permit to do it. COUNCILMAN DESTEPH: Understood. JACK WHITNEY: But we can coordinate with them and Building Office, Official's correct anything that we can. our Office, to get out there and COUNCILMAN DESTEPH: Or any safety-related issues? And with that, I am specifically referring to the stairs and specifically to looking at the electrical; that would be one of my biggest concerns. JACK WHITNEY: Yes, sir. COUNCILMAN WOOD: Madam Mayor? JOHN RICHARDSON: And we'll do that immediately, Mr. DeSteph. We're happy to do that. MAYOR OBERNDORF: Mr. Wood? COUNCILMAN WOOD: I don't want to cut off any more debate, but I kind of sense where the Council is going with this. What I'd like is a couple of things; one would not be part of a condition. You indicated that you were going to hold the contractor accountable through the State Board of Contractors. I want to make sure that your client follow~ through with that, because that hurts a lot of people in a lot of ways. JOHN RICHARDSON: Yes, sir, we will do that. COUNCILMAN WOOD: I'd also like to see a design professional, architect or an engineer, engaged on your side of the fence, if it's the will of the Council to defer it, to take a look at what's been done 16 and to evaluate it in conjunction with the City's Inspection Staff. But I think it's very important that it's a licensed architect or licensed engineer who can seal drawings and give the i r :L m par t i a lop i n ion 0 nth a tin con j un c t ion wit h t his, since the City cannot issue a Building Permit on it. JOHN R::CHARDSON: Yes, sir, I think that's an excellent idea. COUNCI1.MAN WOOD: You think your client would be amenable? JOHN RICHARDSON: Dr. Sargent? Yes, he would be happy to do that. MAYOR OBERNDORF: Are you still willing to have client go back and talk with Beach Civic League that he your Mr. JeEter and the North repres E,n t s? JOHN RICHARDSON: Yes, Ma'am. And I will only say this, Mayor Oberndorf, is that Dr. Sargent's practice is assisting people with HIV Aids in South P.frica, and he leaves in about two weeks for about a month cr so. So, we'll work with the Civic League, and when he's back in the country from his most recent planned trip, we'll certainly be before the Civic League. We just don't want tc hold up getting the architect, getting an engineer out to look at this and work with the City Building Official, but certainly we'll go before the Civic League and explain to them what he's done and where we are. MAYOR OBERNDORF: Mr. Diezel has a question. COUNCILMAN DIEZEL: I would ask the staff, and you may be interested, in the Building Code there used to be a provision between remodelling and significant remodelling. Remodelling on a minor scale did not normally require a permit. It's much like building a wooden shed of 150 square feet versus 160. You go to the 160 mark, you need a permit. I wouldn't want to see the client or the contractor in this case under that assumption and us not know about it, in terms of would it require a permit because of the extensiveness of the remodel, or would it be categorized as simply minor remodelling or cosmetic where a permit was not driven at it. Now, if that's the case, staff, you have to tell me and the applicant here in this particular case, because I'm familiar with a number of "oops", in terms of "we didn't get the I I I 17 permits" or "we didn't think they were necessary". COUNCILMAN WOOD: Yes, but in the same respect, if I can, Madam Mayor? MAYOR OBERNDORF: Yes, Mr. Wood? COUNCILMAN WOOD: That's an egress, the stairs, and, I mean, that's not minor remodel; that's getting out of the house. COUNCILMAN DIEZEL: By the same token, Jim, if it's not required under the Building Permit and it's an accessory, it doesn't require a permit. It has to be built properly. The issues around private homes are entirely different than commercial or public facilities. COUNCILMAN WOOD: Madam Mayor, if I can? MAYOR OBERNDORF: Yes, Mr. Wood? COUNCILMAN WOOD: Then I would like to move that we indefinitely defer this with the conditions that the applicant meet with the North Virginia Beach Civic League and whether it's with the Civic League or with their Design Review Committee, however the North Virginia Beach Civic League feels is best, that the applicant engage a design professional and work with the City Building Inspection Staff, and I say indefinitely defer, but I don't want to leave this hanging out too long, and I don't know how long of a time frame we should put on that. JOHN RICHARDSON: Ninety days, agreeable? this next week, but as far as -- if that would be We'll certainly move on COUNCILMAN WOOD: Let's try sixty days. JOHN RICHARDSON: Yes, sir. COUNCILMAN WOOD: And we'll indefinitely defer, Madam Clerk, but if you would just put that it's sixty days? CITY CLERK: Yes, Your Honor. COUNCILMAN WOOD: That would be in the form of a motion. CITY CLERK: We'll calendar that. 18 COUNCIJ~MAN UHRIN: Second. COUNCIJ~ LADY HENLEY: It could be no longer than sixty days, but if his schedule has him back here sooner we could certainly hear him sooner. COUNCIl.MAN WOOD: Exactly, yes, that's very well put. COUNCII,MAN DESTEPH: I would like to request clarification on part of the motion, Jim. MAYOR OBERNDORF: Mr. DeSteph? COUNCII.MAN DESTEPH: In your motion, you're requesting they work with City Staff; that's to fix immediately any safety-related issues, correct? COUNC I I.MAN WOOD: With the design professional, right. COUNCII,MAN DESTEPH: Okay, great. sure. I just wanted to make COUNCII,MAN WOOD: Identify the City Staff, probably -- well, I know City Staff can't give him permission to. COUNCII,MAN DESTEPH: I understand. COUNCIIMAN WOOD: But it's going to have to be kind of a paint-by-numbers thing here because we're rot really sure. COUNCII~ DESTEPH: Well, I just want to make sure there's not an electrical issue and the ho~se burns down or somebody falls down the stairs because they c2.n't reach the railing or something like that. It would certairly be beneficial to us to make sure that that's taken care of. COUNCII,MAN WOOD: And also, the part Mrs. Henley added that it's no later than sixty days, but if the doctor's schedule permits him to get this done sooner then we'd prefer that. JOHN RICHARDSON: And it won't be his schedule, as far a s the work, Mr. Wood. I t would be simply his schedule, as far as meeting with the Civic League, whatever forum they want us to appear in. I just don't know when Dr. Sargent will be back in the United States. Other 19 than that, he, obviously, again, he wasn't a contractor a year ago. He's not now. So, it will be a contractor he'll hire and an engineer he'll hire. COUNCILMAN WOOD: If you'll talk to Mr. Jester and get a schedule? JOHN RICHARDSON: Certainly, yes, sir. COUNCILMAN DESTEPH: Thank you for that clarification. MAYOR OBERNDORF: Mr. Jester, does that seem fairly equitable to you? DAVE JESTER: That sounds very reasonable. MAYOR OBERNDORF: Thank you. And thank you, Mr. Richardson. JOHN RICHARDSON: Yes, Ma'am. time. And thank you for your MAYOR OBERNDORF: There is a motion by Mr. Wood. COUNCILMAN DYER: I'll second it. CITY CLERK: It's already seconded. MAYOR OBERNDORF: It's got two seconds, now, Mrs. Wilson's and Mr. Dyer's. COUNCIL LADY WILSON: He can fourth it. COUNCILMAN WOOD: She's the third. COUNCILMAN DYER: Fourth it. MAYOR OBERNDORF: Are we ready for the question to defer it? COUNCILMAN UHRIN: I think, I seconded it, as well. CITY CLERK: By a vote of 10 to 0, and I would like to read it so it's clear. MAYOR OBERNDORF: Please? That's a good idea. CITY CLERK: You have a motion to defer indefinitely but not more than sixty days with conditions that, one, the applicant meet with the 20 North Eeach Civic League and their Design Review Committee, that a design architect/engineer, design or architect and engineer, be engaged to look at what has been done, evaluate, and meet with the City's Inspection Staff -- COUNCILMAN WOOD: A design professional. CITY CLERK: -- design professional? COUNCILMAN WOOD: Yes, architect or engineer. CITY CLERK: Okay. Do you still want the other condition that was in there already about the permits? COUNCIL:~N WOOD: Well, this is all we want before they come back and then we'll take a look at these conditions. CITY CL:e:RK: All right. COUNCILl~ WOOD: When it comes back. CITY CLi~RK: Okay. (10 to 0.) (Whereupon, the discussion of this matter was concl ud,=d. ) "I I L. APPOINTMENTS AUDIT COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PUBLIC LIBRARY BOARD I I , M. UNFINISHED BUSINESS I I I N. NEW BUSINESS I I , O. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items I ********************************** PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS May 13 Adoption Council Chamber 6PM CITY COUNCIL ONE-DAY RETREAT MAY 12,2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER I * * CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23,2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 05/06/2008gw UIWW vhl1"V Nlm CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE April 22. 2008 M B L 0 C E L E D H C R A W PAGE: I S I E J L N U N I T E D N 0 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 CITY COUNCIL WORKSHOP A. P~OPOSED BIENNIAL RESOURCE MANAGEMENT PLAN I. FY 2008-2009 and 2009.20 I 0 Operating Budget 2. FY 2008-2009 and 2009-2010 Capital Improvement Program II. CITY COUNCIL BRIEFING A. REVISED NON-PROFIT Philip J. Kellam, EXEMPTION POLICY Commissioner of Philip J. Kellam, Commissioner of the the Revenue Revenue B. CONVENTION CENTER ANNUAL James B. Ricketts. REPORT Director Convention & Visitors Bureau III/IVNNI CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y Y IE SESSION FIG MINUTES Informal/Formal Sessions 4/8/08 APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y HII PUBLIC HEARING: 27 SPEAKERS I. TAX RATE ON REAL PROPERTY FOR FY 2008-2009 (proposed) 11 I Ordinance to AMEND Chapter 34 of City ADOPTED BY Code/ADD!i 34-36 re fences for CONSENT 10-0 Y Y Y Y Y Y Y Y A Y Y swimming pools 2 Ordinance to REPEAL !i 2-5 of City Code ADOPTED. AS 9-1 Y Y Y N Y Y Y Y Y Y Y re Francis Land House Board of Governorsl REVISED. BY REPLACE with Section establishing CONSENT Virginia Beach Historic Preservation Commission 3 Resolution to ACCEPT Historic Sites ADOPTED. BY 9-1 Y Y Y N Y Y y Y Y y y Organizing Committee's Recommendations CONSENT 4 Resolution to RECOGNIZE citizens who ADOPTED BY served on Francis Land House Board of CONSENT 10-0 Y Y Y Y y y y Y A Y Y GovernorsIFrancis Land Homie Executive Committee CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: April 22. 2008 M B L D C E L E D H C R A W PAGE: 2 S I E J L N U N I T E D N 0 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 51 Ordinances to At:THORIZE ADOPTED. AS acquis ition: CORRECTED, 10-0 Y Y Y Y Y Y Y Y A Y Y BY CONSENT a 300 21" Street from Herbert A. Holt, III/AUTHORIZE all documents (DISTRICT 6 - BEACH) b 305 21" Street from Mildred B. StormontlAUTHORIlE all documents (DISTRICT 6 - BEACH) 61 Ordinances to AUTHORIZE temporary ADOPTED. encroachments into portions of City property: CONDITIONED, 10-0 Y Y Y Y Y Y Y Y A Y Y BY CONSENT a Lake Joyce for Richard P JMarilyn B. Mitchell at 4433 Blackbeard (DISTRICT 4 - BA YSIDE) b Croatan Beach by James J/Janet L. Perriello at 516 S Atlantic A venue (DISTRICT 6 - BEAC 'i) 71 Ordinances to APPROPRIATE: a $1,600,000 of fund balance from CBD ADOPTED BY 8-2 N Y Y Y Y N Y Y A Y Y Special Revenue Fund re purchase of Block CONSENT 7 Garage. Westin Conftrence Centerl Block 7 Pedestrian Bridge Town Center b $189,256 State Revenu.: to the Clerk of ADOPTED BY Circuit Court re increlSe in state salary CONSENT 10-0 Y Y Y Y Y Y Y Y A Y Y base 8 Resolution to APPOINT Lyndon S. ADOPTED BY Remias as City Auditor/City Council's CONSENT 10-0 Y Y Y Y Y Y Y Y A Y Y fifth Appointee effectiv~ May 15.2008) K11 GRACE BIBLE CHURCH closure of APPROVED. unimproved right-of-way (Pritchard Road) CONDITIONED. 10-0 Y Y Y Y Y Y Y Y A Y y at Ansol Lane. BY CONSENT DISTRICT 3 - ROSE HALL 2 Variance to Subdivision Ordinance re CZO, DEFERRED TO for Mill Dam Landing Associates, at 4949 5/26/08, BY 10-0 Y Y Y Y Y Y Y Y A Y Y Lookout Road (Lake Brldford and Chubb CONSENT Lake) DISTRICT 4 - B <\ YSIDE 3 KATHLEEN D. RENFRO CUPrea APPROVED. horse riding academy [lessons for CONDITIONED. 10-0 Y Y Y Y Y Y Y Y A Y Y beginner.level riders) at 3940 Dawley BY CONSENT Road. DISTRICT 7 PRINCESS ANNE I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACTIONS V 0 I DATE. April 22. 2008 M B L D C E L E D H C R A W PAGE: 3 S I E J L N U N I T E D N 0 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 4 EVEL YN'S WILDLIFE REFUGE CUP APPROVED. re wildlife outdoor rehab facility at 2633 CONDITIONED. 10-0 Y Y Y I' I' I' I' Y A I' I' Highland Drive.DISTIRCT 1 - BY CONSENT CENTERVILLE 5 ASSISI HOUSE, INC., Modifiration of APPROVED. 9-1 I' Y I' I' I' N I' I' A I' Y Conditions to CUP (approved December CONDITIONED 12. 1988) at 4853 Princess Anne Road retardation. DISTRICT 2 - KEMPSVILLE 6 VALUE PLACE REAL ESTATE DEFERRED SERVICES, L.L.C.. Modification of INDEFINITELY. 10-0 I' I' I' I' I' I' I' I' A I' I' Proffers to proposed uses/development BY CONSENT plans re Conditional COZ from AG-I to Conditional O-I/H-I (approved April 22, 2003/Deferred April 22. 2008) at Dam Neck RoadICorporate Landing Parkway DISTRICT 7 - PRINCESS ANNE 7 WELDENFIELD OF VIRGINIA. LL.C. DEFERRED TO COZ from l-l/R-5D/0-2 to Conditional R- 5/13/08. BY 10-0 I' I' I' I' I' I' I' I' A I' I' 7.5 with a PD-H2 Regent University Drive CONSENT and Jake Sears Road. DISTRICT I - CENTERVILLE L APPOINTMENTS: I Appointed: 10-0 I' I' I' I' I' I' I' I' A I' Y i AUDIT COMMITIEE Stanwood I Dickman. CPA (Chair. 3 yr term 5/15/08-5/14/11) Dr. Douglas Ziegenfuss. CPA (2 yr term 5/15/08 - 5/14/10) Joanna Augone. CPA (I yr term 5/15/08 -5/14/09) John E. Uhrin, Councilmember (non-voting) James L. Wood. Councilmember (non-voting) HISTORIC SITES ORGANIZING RESCHEDULED B I' C 0 N S E N S U S COMMITIEE HUMAN RIGHTS COMMISSION PUBLIC LIBRARY BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: April 22. 2008 M B L D C E L E D H C R A W PAGE: 4 S I E J L N U N I T E D N 0 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 MINORITY BUSINE~ S COUNCIL Reappointed: 2 yr 10-0 Y Y Y Y Y Y Y Y A Y Y tenns 6/1/08 - 5131/10 Linda M. Bright William R. Brown Michael W. Chinn M/N/O ADJOURNME!\T 9:03PM PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April 22 Public Hearing Council Chamber April 29 Workshop Council Conference Room May 6 Re,;onciliation Workshop Council Conference Room May 13 Adl}ption Council Chamber 6PM 9AM 9AM 6PM CITY COUNCIL ONE-DAY RETREAT MAY 12,2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER * * CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER