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SEPTEMBER 23, 2008 AGENDA II 'I CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL \ fA YOR MEYh'RA E. OBERNDORF, At-Large liCE MAYOR LOUIS R. JONES. Bays/de - District 4 WILLIAM R. DeSTEPH, At-Large 'IARRY E. DIEZEL, Kempsville - District 2 h'OBERT M. DYER" Centerville - District I liARBARA M. HENLEY, Prmcess Anne - District 7 liEBA S. McCLANAN, Rose Hall - District 3 fOHN E. UHRIN, Beach - District 6 NON A. VILLANUEVA, AI-Large NOSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -D,strlct 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL.Ctycncl@vbgov.com ('fTY MANAGER - JAMES K. SPORE ('ITY ATTORNEY - LESLIE L LILLEY ('ITY CLERK - RUTH HODGES FRASER. MMC 23 SEPTEMBER 2008 I. CITY COUNCIL COMMENTS - Conference Room - 1:30PM Ill. REVIEW OF AGENDA _ ilL INFORMAL SESSION - Conference Room - 2:00PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION IV FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Chaplain H. L. Petrie, USN, Ret. VirgInia Beach Police ASSocIatIOn C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA II I I I, D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 9,2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. EXCESS CITY PROPERTY - Interfacility Traffic Area conveyance of easement - North Landing Road 2. CITY PROPERTY - Operation Smile, Inc. a. DEDICATION - Faculty Boulevard and South Rosemont Road b. OPTION TO PURCHASE - Concert Drive and South Rosemont Road I. PUBLIC COMMENT 1. 2009 COMMUNITY LEGISLATIVE AGENDA J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND S 21-303 of the City Code re Motor Vehicle and Traffic Code pertaining to parking vehicles for sale or rent. 2. Ordinance to DECLARE City property EXCESS and AUTHORIZE the City Manager to convey same to Operation Smile, Inc. and Tidewater Community College; ACCEPT propert; from Old Dominion Real Estate Foundation; AUTHORIZE the execution of a Development Agreement with Operation Smile, Inc.; and, GRANT an option to acquire City property to Operation Smile, Inc. and the Old Dominion Real Estate Foundation. 3. Ordinance to AUTHORIZE the City Manager to execute an Agreement for the exchange of real property with the United States of America to acquire Marshview; to CONVEY a restrictive easement for the Inter-Facility Traffic Area (ITA) and ACCEPT a Quitclaim Deed from the Navy for this property. II 'I 4. Resolution to DEVELOP an Environmental Sustainability Program known as "Go Green Virginia Beach: the sustainable Virginia Beach InitiatIve" endorsed by the VirgmIa MUlllcIpaI League's (VML) ExecutIve CommIttee. 5. Resolution re proposed issuance of certam tax-exempt Revenue Bonds by the Southeastern Public Service Authority (SPSA) with a portion ofthe proceeds to be used for facilities located in Virgmia Beach. 6. Resolution to ENDORSE the Elizabeth RIver 2008 Watershed Action Plan and SUPPORT Its restoratIOn and conservatIOn. 7 ResolutIon to ENDORSE the Report of Housmg and Neighborhood PreservatIOn and DIRECT City Staff to develop proposals to Implement Its recommendatIons. 8. Ordinance to MODIFY the Virgima Board of Corrections Construction Standards re the Corrections Center III building maintenance and landscape. 9 Ordinances to ACCEPT Grants from the Virgmia Department of Motor VehIcles (VDOT) and APPROPRIATE to the Police Department's FY 2008-09 Operating Budget: a. $51,570 with $10,314 matching funds re enforcement of seat belt laws b. $67,930 with $13,586 matching funds re enforcement ofDUI laws 10. Ordinance to ACCEPT a $70,000 Grant from the VirgIma Mental Health, Mental RetardatIOn and Substance Abuse Services to Human ServIces' FY 2008-09 Operatmg Budget to meet Mental Health state regulatIOns. L. PLANNING I ApplicatIOns for ConditIOnal Use Permits: a. CENTERVILLE BINGO, INC. re a bingo hall at 1920 CenterviIle Turnpike. DISTRICT 1 - CENTERVILLE DEFERRED RECOMMENDA nON August 12 and September 9,2008 APPROVAL b. VIRGINIA BEACH INKre a tattoo studio at 612 Nevan Road. DISTRICT 5 - L YNNHA VEN DEFERRED RECOMMENDATION September 9,2008 APPROVAL M. APPOINTMENTS HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION REVIEW AND ALLOCATION COMMITTEE WORKFORCE HOUSING ADVISORY COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 30th Anniversary of the Office of Volunteer Resources September 24, 2008 4:00 - 6:00 PM Volunteer Recognition Garden Citv Council Sessions for November and December 2008 November 4 November 11 November 18 November 25 Election Day - No Sessions Veteran's Day -No Sessions Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning December 2 December 9 Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning ,II I Comprehensive Plan Open Houses September 29,2008 Creeds Elementary DIstnct #7 - Prmcess Anne 7:00 - 9:00 PM October 2, 2008 Landstown High School 7:00 - 9:00 PM DIstnct #7 - Prmcess Anne October 6, 2008 Bow Creek Recreation Center DIstnct #3 - Rose Hall 7:00 - 9:00 PM DIstnct #6 - Beach October 9, 2008 WhIte Oaks Elementary DIstnct #3 - Rose Hall 7:00 - 9:00 PM School October 13,2008 Convention Center DIstnct #6 - Beach 7:00 - 9:00 PM October 16, 2008 AssocIation for Research & Dlstnct #5 - Lynnhaven 7:00 - 9:00 PM Enlightenment Dlstnct #6 - Beach i October 20, 2008 Pnncess Anne High School DIstnct #4 BaysIde 7:00 - 9:00 PM DIstnct #5 - Lvnnhaven October 23, 2008 Bayslde Recreation Center DIstnct #4 Bayslde 7:00 - 9:00 PM Dlstnct #5 - Lvnnhaven , October 27,2008 Cox High School Dlstnct #5 - Lynnhaven I 7:00 - 9:00 PM j' I I, ********* If you are physically disabled or visually impaired and need assistance at thIS meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** , Agenda 09/23/08 gw www.vbgov.com 'I 'I I. CITY COUNCIL COMMENTS - Conference Room - 1:30PM IJ REVIEW OF AGENDA II I III. INFORMAL SESSION - Conference Room - 2:00PM B. ROLL CALL OF CITY COUNCIL A. CALL TO ORDER - Mayor Meyera E. Obemdorf C. RECESS TO CLOSED SESSION II 'I I' r \' FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Chaplam H. L. Petrie, USN, Ret. Virgima Beach Police ASSOCIatIOn C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 9, 2008 G. AGENDA FOR FORMAL SESSION II I .tsolutintt CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The VirgmIa Beach City Council convened mto CLOSED SESSION, pursuant to the affirmatIve vote recorded here and in accordance WIth the prOVISIons of The Virgima Freedom of InformatIOn Act; and, WHEREAS: Section 2.2-3712 of the Code ofVirgIllla requires a certIfication by the govenllng body that such Closed SeSSIOn was conducted m conformIty with VirgIma Law. NOW, THEREFORE, BE IT RESOLVED: That the VirgIllla Beach City Council hereby certIfies that, to the best of each member's knowledge, (a) only public busmess matters lawfully exempted from Open Meeting requIrements by Virgima 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 convemng thIS Closed SeSSIOn were heard, discussed or consIdered by VirgIma Beach City Council. ,II I H. PUBLIC HEARINGS 1 EXCESS CITY PROPERTY - Interfacility Traffic Area acquisition of easement - North Landing Road 2. CITY PROPERTY - OperatIOn Smile, Inc. a. DEDICA nON - Faculty Boulevard and South Rosemont Road b. OPTION TO PURCHASE - Concert Drive and South Rosemont Road .11 PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed granting of a restnctive easement over city property acquired In the Interfacility Traffic Area Acquisition (CIP 9-060.002), Tuesday, September 23, 2008, at 6:00 p.m., In the Council Chamber of the City Hall Building (Building #1) at the MUniCipal Center, Virginia Beach, Virginia. The easement will cover approximately 46.6 acres located on North Landing Road [GPIN: 1483-58-0100 (formerly 1483-48-9053)]. The purpose of this Heanng will be to obtain public Input to determine whether this restrictive easement should be conveyed to the United States of Amenca In a property exchange. 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 1-800-828-1120 (Virginia Relay -Telephone DeVice for the Deaf). Any Questions concerning thiS matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach MUniCipal Center The Real Estate Office telephone number IS (757)385-4161. , Ruth Hodges Fraser. MMC City Clerk Beacon Sept. 14,2008 19284672 ~ Ii PUBLIC HEARING DEDICATION OF CITY PROPERTY AND GRANT OF OPTION TO ~UIRE CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday, September 23, 2008 at 6:00 p.m., In the Council Chamber of the City Hall Building (Bldg #1) at the MUniCipal Center. Virginia Beach, Virginia to consIder: (1) Dedication of 15 acres of City property located at the corner of Faculty Blvd. and S. Rosemont Rd. (GPIN: 1485-74-3285 and a portion of 1485-73-8610) to Operation Smile, Inc. and the Commonwealth of Virginia, State Board of Community Colleges (2)Granting of an Option to Purchase 12.65 acres of City property located at Concert Drive and S. Rosemont Rd. (GPII\ 1485-73-8610). to Operation Smile, Inc. and the Old Dominion University Real Estate Foundation. If you are physically disabled or visually Impaired anu need assistance at thiS meeting, please call the CITY CLERK'S OFFICE at 385-4303. Any questions concerning thiS matter should be directed te the Office of Management Services, Building #1, at thE Virginia Beach Municipal Center. The Office of Management Services telephone number IS (757) 385-1857 Ruth Hodges Fraser. MMC City Clerk VP SPpt. 14 2008 19284688 II 'I I. PUBLIC COMMENT 2009 COMMUNITY LEGISLATIVE AGENDA II 'I J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND S 21-303 of the City Code re Motor Vehicle and Traffic Code pertamIng to parkmg vehicles for sale or rent. 2. Ordinance to DECLARE City property EXCESS and AUTHORIZE the City Manager to convey same to Operation Smile, Inc. and Tidewater Community College; ACCEPT property from Old DOmInIOn Real Estate Foundation; AUTHORIZE the executIOn of a Development Agreement with OperatIOn Smile, Inc.; and, GRANT an optIOn to acqmre City property to Operation Smile, Inc. and the Old Dominion Real Estate Foundation. 3 Ordinance to AUTHORIZE the City Manager to execute an Agreement for the exchange of real property with the United States of America to acquire Marshview; to CONVEY a restnctIve easement for the Inter-Facility Traffic Area (IT A) and ACCEPT a QmtclaIm Deed from the Navy for thIS property 4. ResolutIOn to DEVELOP an Environmental SustaInability Program known as "Go Green Virginia Beach: the sustaInable Virginia Beach ImtIatIve" endorsed by the VirgInia MunICIpal League's (VML) ExecutIVe CommIttee. 5 ResolutIOn re proposed issuance of certain tax-exempt Revenue Bonds by the Southeastern Public ServIce Authority (SPSA) with a portIOn of the proceeds to be used for facilities located In VirgmIa Beach. 6. ResolutIOn to ENDORSE the Elizabeth River 2008 Watershed ActIOn Plan and SUPPORT Its restoration and conservatIOn. 7 Resolution to ENDORSE the Report of Housing and Neighborhood PreservatIOn and DIRECT City Staff to develop proposals to implement ItS recommendatIOns. 8. Ordinance to MODIFY the Virginia Board of Corrections ConstructIOn Standards re the Corrections Center III building mamtenance and landscape. 9 Ordinances to ACCEPT Grants from the Virginia Department of Motor VehIcles (VDOT) and APPROPRIATE to the Police Department's FY 2008-09 Operating Budget: a. $51,570 WIth $10,314 matchmg funds re enforcement of seat belt laws b. $67,930 WIth $13,586 matching funds re enforcement ofDUI laws 10. Ordinance to ACCEPT a $70,000 Grant from the Virginia Mental Health, Mental RetardatIOn and Substance Abuse Services to Human ServIces' FY 2008-09 Operating Budget to meet Mental Health state regulations. II I ~6~ ~~. '1'~.'~' p:: i i) (0 s, \:" ~... jiJ "~~4, ~~i/ ~\"""'U",,,,,"Q'::""'" .~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 21-303 of the City Code, Pertaining to the Parking of Vehicles For Purposes of Sale or Rental. MEETING DATE: September 23,2008 . Background: The City Code, as currently written, prohibits the parking on any City street or parking lot of any vehicle displaYing a "For Sale" sign. This has placed an undue burden on those whose homes require them to park on the street or those who carry on any business with the City . Considerations: Currently, it IS a City Code Violation for any vehicle to display a "For Sale" sign while parked on a street or highway or a City parking lot, even if the vehicle IS parked for ordinary purposes unrelated to its sale or rental, and even if the vehicle IS parked for a very short time. The proposed amendment would make it a Violation only if the vefllcle IS parked on a street, City parking lot or other City-owned property for the purpose of selling or offenng the vehicle for sale. The amendments also set forth certain factors which are to be considered In determining the purpose for which a vehicle IS parked. Those factors Include, but are not limited to, (i) the number, size and placement of signs offenng the vehicle for sale or rent; (ii) the length of time the vehicle IS parked; and (iii) the manner In which the vehicle IS parked. . Public Information: The Ordinance will be advertised as a regular agenda item. . Alternatives: If the ordinance IS not adopted, parking tickets will continue to be Issued for any car parked on the street or city parking lot with a "For Sale" sign. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Councilmember John Uhnn City Manager: r r-. mbM Requested by Councilmember John Uhnn 1 AN ORDINANCE TO AMEND SECTION 21- 2 303 OF THE CITY CODE, MOTOR VEHICLE 3 AND TRAFFIC CODE PERTAINING TO THE 4 PARKING OF VEHICLES FOR PURPOSES 5 OF SALE OR RENTAL 6 7 Section Amended: 921-303 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA. 11 12 That Section 21-303 of the City Code IS hereby amended and reordalned to read 13 as follows: 14 15 Chapter 21 MOTOR VEHICLE AND TRAFFIC CODe 16 17 ARTICLE III. STOPPING, STANDING AND PARKING 18 19 DIVISION I. GENERALLY 20 21 22 Sec. 21-303. General parking prohibitions; penalties for violation. 23 24 25 (b) No person shall park a vehicle, except when necessary to avoid conflict 26 with other traffic or In compliance with the directions of a police officer or traffic-control 27 deVice, In any of the follOWing places: 28 29 30 (12) On any street or highway or any city parking lot or other city-owned 31 property for the purpose of selling or offenng the vehicle for sale or 32 rent, displaYing a sign or lettering Indicating th:lt the vehicle IS 33 offered for s31e or rent. Factors that shall be considered In 34 determlnlnQ the purpose for which a vehicle IS parked shall Include. 35 but not be limited to (i) the number, size and placement of signs 36 offering the vehicle for sale or rent; (ii) the length of time the vehicle 37 IS parked: and (iii) the manner In which the vehicle IS parked. 38 39 of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day ,II I APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ..b:r /'I( Police Department COMMENT Under the current provision, merely displaying a "For Sale" sign on a motor vehicle parked on a street is a violation of the City Code, even if the vehicle is parked for purposes unrelated to its being offering for sale or rent. The amendments provide that a violation consists of parking a vehicle on a street, City parking lot or other City property for the purpose of offering the vehicle for sale or rent. The display of signage on a vehicle, while relevant to the purpose for which a vehicle is parked, would no longer be a violation in and of itself. The proposed amendments also set forth certain factors which may be used to determine the purpose a vehicle is parked. They include, without limitation: (i) the number, size and placement of signs offering the vehicle for sale or rent; (ii) the lengt.h of time the vehicle is parked; and (iii) the manner in which the vehicle is parked. CA 10849 R-6 September 17, 2008 II ~~ t..'P. - ~\ ~\~iJ ....,. ij g,~O/j$I.ool' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance (1) declaring certain property excess and authorizing the City Manager to convey same to Operation Smile, Inc. and Tidewater Community College, (2) accepting property from Old Dominion Real Estate Foundation, (3) authorizing the execution of a Development Agreement and related documents with Operation Smile, Inc., and (4) granting an Option to acqUire City property to Operation Smile, Inc. and the Old Dominion Real Estate Foundation MEETING DATE: September 23, 2008 . Background: On October 11,2007, Operation Smile, Inc. (Operation Smile) announced that it desired to build its worldwide headquarters In Princess Anne Commons adjacent to Tidewater Community College's ("TCC") proposed Health Professions Building. Operation Smile teams around the world bring free reconstructive surgery to children suffering from physical and emotional distress caused by facial deformities In more than 30 developing countries. Operation Smile has 5,000 volunteers worldwide and has treated more than 100,000 children since 1982. The headquarters building will be a LEED (Leadership In Energy and Environmental Design) certified state-of-the-art headquarters of approximately 65,000-75,000 square feet for approximately 100 -125 full-time local staff. This transaction IS to subdivide a parcel of City land Intended for future TCC development Into two parcels to be conveyed to and JOintly developed by TCC and Operation Smile for their respective developments. TCC Intends to construct a Health Professions Building on the property it will receive through this transaction. On December 11, 2007, the City Council adopted an ordinance that authOrized the City Manager to execute a term sheet with Operation Smile for the development of the headquarters building and transferred $3.5 million for site Improvements for the expansion of TCC's eXisting campus and Operation Smile's World Headquarters. The City has historically paid for the land associated with the expansion of TCC and for site Improvements associated with new buildings on its campus. . Considerations: To facilitate the proposed development, the City would dedicate approximately 18 acres (total) to both TCC and Operation Smile for TCC's Health Professions Building and Operation Smile's World Headquarters. The City would also provide a maximum of $3.5 million for site improvements surrounding both buildings. The $3.5 million IS In addition to $1,980,135 previously paid to TCC for site Improvements associated with the Health ProfeSSions Building. The site Improvements consist of utilities, sidewalks, parking, and street lights at least five feet from the building that will be compatible with the LEED certified Operation Smile Headquarters. If site Improvement costs total more than $3.5 million, it will be Operation Smile's responsibility to pay for the additional costs. Additional land IS needed for these two sites to be Incorporated Into the eXisting higher education campus at Pnncess Anne. Accordingly, Old Dominion Unrversity ("ODU") has agreed to convey approximately 2.8 acres of land (onglnally conveyed to ODU by the City for the JOint ODU/Norfolk State Higher Education Center) for the purpose of allOWing the City to convey thiS land to Operation Smile and TCC In exchange for ODU's accommodation, the City will convey to ODU an Option to acquire by dedication the land that IS now leased from the City by the Southeastern Public Service Authority (SPSA), In the event the land ceases to be used for munrclpal solid waste collection purposes SPSA has agreed to amend the lease agreement with the City to allow approXimately 1 1 acres of City property that SPSA currently leases to be removed from the leased area and conveyed to Operation Smile. . Public Information: Advertisement of Public Heanng In The VirgInian-Pilot; Advertisement of City Council Agenda. . Alternatives: Identify other sites for Operation Smile. . Recommendations: Approve the dedication of approXimately 18 acres of property to Tidewater Community College and Operation Smile and authonze certain transactions necessary for the dedication of such property . Attachments: Ordinance Operation Smile Summary of Terms Tee Term Sheet Location Map Recommended Action: Approval Submitting Department/Agency: Department of Management Services c:}?D, t .~~ II I 1 AN ORDINANCE (1) DECLARING CERTAIN PROPERTY 2 EXCESS AND AUTHORIZING THE CITY MANAGER TO 3 CONVEY SAME TO OPERATION SMILE, INC. AND 4 TIDEWATER COMMUNITY COLLEGE, (2) ACCEPTING 5 PROPERTY FROM OLD DOMINION REAL ESTATE 6 FOUNDATION, (3) AUTHORIZING THE EXECUTION OF A 7 DEVELOPMENT AGREEMENT AND RELATED 8 DOCUMENTS WITH OPERATION SMILE, INC., AND (4) 9 GRANTING AN OPTION TO ACQUIRE CITY PROPERTY TO 10 OPERATION SMILE, INC. AND THE OLD DOMINION REAL 11 ESTATE FOUNDATION 12 13 WHEREAS, the City of Virginia Beach (the "City") owns approximately fourteen (14) 14 acres of real property (the "Onginal City Property") located at the corner of Faculty 15 Boulevard and South Rosemont Road In the City of Virginia Beach, adjacent to Tidewater 16 Community College ("TCC"); 17 18 WHEREAS, on December 11,2001, City Council adopted a term sheet (the "TCC 19 Term Sheet") that recognized the City's partiCipation in the expansion of TCC and 20 contemplated the conveyance of the Original City Property to TCC; 21 22 WHEREAS, the Old Dominion Real Estate Foundation ("ODU") has agreed to 2 3 convey to the City approximately 2.8 acres of land adjacent to the Onginal City Property 24 (the "ODU Property") for the purpose of allOWing the City to re-convey the ODU Property to 25 TCC and Operation Smile, Inc. ("Operation Smile") as described below; 26 27 WHEREAS, In consideration for the ODU Property, the City will grant ODU an option 28 to acqUire by dedication a portion of City property currently leased by the Southeastern 29 Public Service Authority ("SPSA") in the event such property IS no longer used for 3 0 mUnicipal solid waste collection purposes; 31 3 2 WHEREAS, to further support the Operation Smile World Headquarters, the City will 3 3 grant to Operation Smile an option to acquire by dedication the remaining portion of the 3 4 City Property currently leased to SPSA In the event such property IS no longer used for 35 mUnicipal solid waste collection purposes and if Operation Smile uses that property in 36 furtherance of its charitable mission by expansion of its world headquarters; 37 38 WHEREAS, SPSA has agreed to release approximately 1 1 acres adjacent to the 39 Onglnal City Property (the "SPSA Leased Property") from the lease between the City and 40 SPSA dated December 14, 1987 (the "SPSA Lease") for the purpose of allOWing the City to 41 convey the SPSA Leased Property to Operation Smile as described below; 42 43 WHEREAS, the ODU Property, the SPSA Leased Property and the Onglnal City 44 Property compnse 18.03 acres, which land will be re-subdivlded Into two parcels to be 45 conveyed to Operation Smile and TCC (collectively referred to herein as the "City 46 Property"); 47 II 48 WHEREAS, TCC plans to expand its eXisting campus and develop its Health 49 Professions Building on a a.66-acre portion of the City Property (the "TCC Parcel"); 50 51 WHEREAS, the City, TCC and Operation Smile have agreed that Operation Smile 52 will construct the Operation Smile World Headquarters Building on the remaining 9.373- 53 acre portion of the City Property (the "Operation Smile Parcel"); 54 55 WHEREAS. In addition to constructing its World Headquarters Building, 56 Operation Smile has agreed to develop JOint programs with Tidewater Community College, 57 Old Dominion University and Norfolk State University to enhance the educational 58 expenence of the students In the local community and to work with the City's Department 59 of Economic Development and Media Communications Group to help promote both 60 Operation Smile and the City of Virginia Beach; 61 62 WHEREAS, the City onglnally promised to convey the Onglnal City Property to TCC, 63 and TCC has approved the conveyance of the Operation Smile Parcel from the City to 64 Operation Smile; 65 66 WHEREAS, on December 11,2007, the City Council adopted an Ordinance (ORD- 67 3005B) which transferred $3,500,000 to CIP 3-262 for site Improvements for TCC's Health 68 ProfeSSions Building and Operation Smile's World Headquarters Building and authOrized 69 the City Manager to execute a term sheet with Operation Smile for the dedication of the 70 Operation Smile Parcel to Operation Smile and the development and construction of the 71 Operation Smile World Headquarters Building; 72 73 WHEREAS, the City Council IS of the opinion that the Operation Smile ParcellS In 74 excess of the needs of the City of Virginia Beach and deSires to dedicate the Operation 75 Smile Parcel to Operation Smile for the development and construction of its Operation 76 Smile World Headquarters Building; and 77 78 WHEREAS, the City Council IS of the opinion that the TCC ParcellS In excess of 79 the needs of the City of Virginia Beach and deSires to dedicate the TCC Parcel to TCC for 80 the development and construction of its Health ProfeSSions Building. 81 82 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 83 VIRGINIA BEACH, VIRGINIA. 84 85 1 That the Operation Smile Parcel, as shown as "Parcel D2" on Exhibit A 8 6 attached hereto and Incorporated herein, IS hereby declared to be In excess of the needs 87 of the City of Virginia Beach and that the City Manager IS authOrized to convey the 88 Operation Smile Parcel to Operation Smile, Inc. on the terms and conditions set forth In the 89 attached Operation Smile Summary of Terms. 90 91 2. That the TCC Property, as shown as "Parcel D1 " on Exhibit A attached hereto 92 and Incorporated herein, IS hereby declared to be In excess of the needs of the City of 93 Virginia Beach and that the City Manager IS authonzed to convey the TCC Parcel to TCC 94 on the terms and conditions set forth In the TCC Term Sheet. "II I 95 3. That the City Manager IS hereby authorized, on behalf of the City, to execute an 96 Agreement of Dedication, a Development Agreement and all other documents necessary 97 to carry out the dedication of the Operation Smile Parcel to Operation Smile, so long as 98 such documents are consistent with the attached Summary of Terms and such other terms 99 and conditions deemed necessary and sufficient by the City Manager and In a form 100 deemed satisfactory by the City Attorney 101 102 4 That the City Manager IS hereby authorized, on behalf ofthe City, to execute all 103 documents necessary to carry out the dedication of the TCC Parcel to TCC, so long as 104 such documents are consistent with the TCC Term Sheet attached hereto and 105 Incorporated herein and such other terms and conditions deemed necessary and sufficient 106 by the City Manager and In a form deemed satisfactory by the City Attorney 107 108 5. That the City manager IS hereby authorized, on behalf of the City, to accept the 109 conveyance of property from ODU, Identified as the "ODU Property" on Exhibit A attached 110 hereto and Incorporated herein, for the purpose of conveyance to Operation Smile and 111 TCC. 112 113 6. The City Manager, on behalf of the City, IS authorized to enter Into an Option 114 Agreement with ODU and Operation Smile, to acquire the City property described on 115 Exhibit A as Parcel2A (said property currently being leased by SPSA), with ODU receiving 116 approximately 7.5 acres and Operation Smile receiving approximately 3.5 acres, if the =.1 7 property IS no longer used for mUnicipal solid waste collection purposes, provided such 118 Option Agreement IS consistent with the Summary of Terms and such other terms and 119 conditions deemed necessary and suffiCient by the City Manager and In a form deemed =.20 satisfactory by the City Attorney 121 ~..22 123 124 125 126 127 128 129 7 That the City Manager IS authOrized, on behalf of the City, to enter Into a Lease Modification Agreement with SPSA to release 1 1 acres from the SPSA Lease, provided such Lease Modification Agreement IS In accordance with all terms and conditions deemed necessary and suffiCient by the City Manager and In a form deemed satisfactory by the City Attorney 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 the City Council. I, APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office CA10755 V:lappliCatlOnslcrtylawprodlcycom32\ WpdocslDO II 1P004\00066902.DOC R-1 September 23, 2008. I i I OPERATION SMILE HEADQUARTERS - SUMMARY OF TERMS A2reement of Dedication: . OperatIon Smile to construct and maIntam headquarters building In return for City's dedicatIon of property . Property must be used solely for non-profit purposes consIstent WIth the mISSIon of OperatIOn Smile . 60-day "due diligence penod" to Inspect property . Property purchased "as IS" and City gives no envIronmental warrantIes, etc. . Settlement to occur followmg due diligence penod . PartIes will enter mto Development Agreement, whIch will survIVe clOSIng Development A2reement: . Development: OperatIOn Smile to deSIgn and construct 65,000 square foot headquarters building at ItS sole cost and expense; City must approve all development plans . Insurance: OperatIOn Smile must carry liability and casualty Insurance acceptable to City . Use: Property must be used solely for non-profit purposes conSIstent WIth the mISSIon of OperatIOn Smile . ReZOnIng: Operation Smile responsible for rezomng the property . Reverter: (1) City has nght to take property back at no cost If constructIon not commenced wIthm 36 months, or If constructIOn not completed wIthm 60 months; (2) City has nght to take property back If property ceases to be used for non-profit purposes conSIstent WIth the mISSIOn of Operation Smile, upon payment to OperatIOn Smile of faIr market value of building . Site Work: City to reImburse Operation Smile for SIte work located beyond five (5) feet from the building penmeter up to an amount equal to the difference of $3,500,000 mmus the amount paid to TCC for TCC's SIte Improvements - to be paid monthly upon the City's receIpt of an InVOICe shOWIng actual SIte work costs Incurred by OperatIOn Smile - OperatIon Smile responsible for all costs above thIS "allowance" o OperatIOn Smile must re-pay amount of SIte work allowance to City If City exerCIses any reverter nghts . Approval of Sale: City must approve any future sale of property by OperatIOn Smile - City has nght to receIve pro-rata portIOn of sales pnce (based on value of land) . II Option A2reements . ODU and OperatIOn Smile to acqUlre portIOns of eXIstmg SPSA property only If that property no longer used for mUnIcIpal solid waste collectIon purposes . Property dedicated by City to ODU and OperatIon Smile at tIme of option exerCIse . OperatIOn Smile may only acqUIre property for purpose of expanSIOn of eXIstmg world headquarters and contmuatIOn of non-profit mISSIon . ODU to use property In furtherance of Its educatIOnal mISSIOn ,II I TEAAI-SHEET IMPLEMENTATION OF TIDEWATER COMMUNITY COLLEGE'S STRATEGIC PLAN Representatives of the City of Virginia Beach ("City") and Tidewater Community College ("TCC") have been discussing a possible partnership for Implementation ofTCC's Strategic Plan for the Virginia Beach Campus. This Term-Sheet IS Intended to reflect the shared understanding of both parties and their respective commitments and to update the 1996 Memorandum of Understanding between the City and TCC The Term-Sheet IS not Intended to be a legally binding agreement, and all commitments outlined are subject to City Council and the Commonwealth ofVirglma's ("Commonwealth") future approprration. The policy Implications associated with this Term-Sheet are outlined In the attached Policy Report that was presented to City Council on November 27,2001 1 City will proVide for site Improvements associated with a major Initiative for the strategic plan of TCC as outlined In the attached Policy Report 2. TCC agrees to proVide, In a timely fashion and In a format suggested by the City, its annual request for capital funding. 3. The approprration process ofthe Commonwealth Involves the appropnation offunds for both maintenance and operation of the Virginia Beach Campus, and for construction of its buildings. It is understood and agreed by TCC that the City shall be bound and obligated hereunder only to the extent that funds shall be appropnated and budgeted for particular projects pursuant to Article VII, Section 10 of the Constitution of Virginia and subject to appropnation by City Council. 4 The approprration process of the Commonwealth IS summarrzed In the biennial budget bill. The blenmal budget bill tYPically provides, In pertinent part: "Expenditure for land acquisition, site preparation beyond five feet from a building, and the construction of additional outdoor lighting, sidewalks, outdoor athletic and recreational facilities, and parking lots In the Community College system shall be made only from appropnated Trust & Agency Funds, Including local government allocations and appropnations, or the proceeds of Indebtedness authonzed by the General Assembly. ." 5 Both parties agree to coordinate lobbYing efforts with the General Assembly delegation and the new Governor for InclusIon In the State's capital program. 6. The City may proVide funding for site acquisition and site preparation beyond five feet from the campus buildings proVIded that there are suffiCient funds approprrated by the Commonwealth for the campus buildings for the purposes requested. 7 Because local funds may, conslstent.with the biennial budget bill, be approprrated II and allocated to the Trust and Agency Funds to be spent at TCC, both parties agree that the State Board for Community Colleges, as provided In Chapter 16 of Title 23 of the Code of Virginia, IS the appropnate body to contract for the design and construction of site Improvements five feet from the campus buildings. TCC will be solely responsible for all legal and nsk management Issues associated with the deSign, construction and operation of these facilities. 8. TCC will be responsible for ensunng that the deSign, construction, and Inspection of site Improvements shall be performed In accordance with state procurement code and state and local regulations. 9. TCC agrees to provide appropnate documentation to the City verifying that City- provided funds were expended for the Intended purpose. ThiS documentation may Include, but shall not be limited to, copies of bids, contracts, and final payments. 10. In furtherance of the City's plan for the Princess Anne Commons and TCC's strategic and master plans, the City also agrees to use its best efforts to purchase properties or obtain an option for the properties labeled as Parcel A, Parcel B, Parcel C, Parcel E, Parcel F and Parcel G as outlined on a map entitled Tidewater Community College (Appendix D map prepared by the City's Center for GIS). 11 Due to Imminent development potential, the City will use its best efforts to purchase Parcel E dUring FY 2001-2002. With the adoption ofthls Policy ReportlTerm-Sheet, City Council will be forwarded an Agenda Request/Ordinance appropnating funds for thiS purpose. The City will use its best efforts to purchase Parcels F and G dUring FY 2002-2003, and Parcels A, B, and C dunng FY 2003-2004. 12. Once the City acqUires title to anyone of the parcels enumerated above, the City will effect a transfer of title to the State Board for Community Colleges. If funds are not appropnated by the General Assembly within SIX years from the date title was transferred to the State Board for Community Colleges by the City, the title may, at the City's option, revert back to the City 13. If any parcel of property IS planned to be used for non-educational purposes, the arrangements for transfer of its title shall be determaned collaboratively between the City and TCC with a mutually agreed shanng of the subsequent revenue stream, if any 14. Both parities agree that thiS Term-Sheet may be revised by mutual agreement, In writing, as circumstances may dictate. 15. The follOWing schedule details the proposed timang of both party's funding: II I Proposed Schedule for TCC Improvements r~- i, I Future Total Phase One I' Phase Two Phase Three 1 Costs Costs _1_ __ I ~~ .--- -~ --.. ____n__ City Proposed Commitments - -1 - - - ------ - ---t---- r--------- - r~-~ t:~~-~~~~::::~~:~~:~sEF-an;j" G I--~-~-~~~l};~--~--=- -~- ~~=~==~-~~~=~:~=~ ~-~- - ~~t~~:~~~~:~e~~~P~~eIS ~__~,jrl..~_~__ _i~_-2,222.j35 +=~~- _ __.. __=_=~~~=~:_=-:---=====-==--~-..--- :~;.~:~:r,~~tcces~~ ~-=-=--- - -- -~-= ~~~:~~~ ,- -- ------~..-==---=---=~~===-~---=--=~- " _ -Thinning Woodland------------, 10..0..,0..0..0.. i i - ~~~9 Road.' -===--=--=--=---=-=---l~.QQ9-....:..--------- ___________~__ SCience Building 1,545,0..0..0.. Regional Heaifh -Science Center ~-Phase I ;- ---------- .----fsc)a;boci Retrofit Older BuTIdings ~' 750..,0..0..6 ..---------------- -_ Leamlng Resource Center ExpanSion --- 588,0..0..0.. , Regional Health SCience Center - Phase II 80..0..,0..0..0.. I Workforce DevelopmentCenter--~ . I _ _' . _ ___~O<h..o..()_o..-r------ !T~~~~~~;:;I~.::~S"bii~l-,:::::+ }'2~'O~~~8OQ,0Q0 , _ "800'OOO~_~ ,899:418 j---Reglonal Health-Sclence-Center - Phase '--F ! -13,652jfooT-----------;----+----- ~~=~!~~~~n~J~:~t;n~~I~:~~nslon ===-F-7:512,o..6;114,a81'06(fT~--i---t-====. ~- RegiOnal Health SCience Center - Phase II - ----i-- ----I 8,642,0..0..0.. i ~------- I-.~ _ _ _ ______u____ ___ _ _______u_______u_ _ -- 1____ _u -- _.____u ---__-- - - -- -- ------ --- ------------- - r- - .-- ______u_ 1--~~r!t~:c~~~e:e,opme-ntCenter------ - ---------+--------~ 5,790..,0..0..0.. I 6,184,o..o..ot----..------- c - ----- u___,,___ ------- ----subio/al --24~730,oooT- -27 .733,o..ao..u;n-14~432,o..o..O~ a4,Qo..tfT73)f7g,OOo.. Land Purchase figures are based on assessment data - actual appraisals will cause tlils cost to vary. Costs are m current-year (2001) dollars and do not account for mflation. Funded In current CIP 16. Both the City and TCC agree to meet and confer as necessary In furtherance of the objectives expressed In thiS Term-Sheet. ,...,:~ ~,l <.i .~ :..,.......:;".. iN 'V", -'-~ ~. '~'Y::; ,'1:." /'-." '" ~~. -- / ~'~:>. // '~"'...,-~.~::.""- /~ "'-:.. "''fu .... -', -b>",/~'b.: - /- - - "& Z.;,_ --<?.-o'-= ::: :: / / :": : :r;,,;:::'r,,'. <:"c ...,~; _ ~~_. /'~' ,T -"~.~ ..--/ .~- - ~ / \/ A , 'v / :- ---- .~, ---- '-~ ~ ....... .' --, , ." \. f :::. '~ 1 ~ /v ~/( \~ < c v " "/' '" " \... " -- \ ,~- ...';"" - -~..---...--:- -::- ..:::-:::---- '" ~ " " :< ~ E , ~ > c ;.. : "- >;, '" ~ ',' f: [ ( ~ "- l/ / ?:! ..f_' - --..... r"...~ ~ ~. ~~ ~ ~~. ~ ~9. v. r '~-..;~ :: '" !;'..&. \%t' "~ff o~ ~~ Cl / ,'/ III J ,A ~' ..... ,I~, ~ "w ":. ~_,__ . ~ - .f: .,..~ ::- "'-'.......---::. ~. ~. .. ':'r ':~(~ ~ I' y...~--~ ------.... E~~, ~~~. ~t / , ,,- ---- - ---- , / -:- -:- ~, ':-.. -' ..... ,.......\ \ o -C ......\ ! / / I /~' .' .:' . 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CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authonzlng execution of an Exchange Agreement with the United States of Amenca to acqUIre 82 acres of land (Marshvlew) In exchange for conveYIng a restnctive easement over 46.59 acres of City-owned land In the ITA (GPIN 1483-58-0100) MEETING DATE: September 23, 2008 . Background: The City Council of the City of Virglnra Beach has authorized and funded CIP 9-060, the Oceana and Inter-Facility Traffic Area AcqUIsition Program (the "Program"), for acquIsition of property surrounding Oceana and In the Inter-Facility Traffic Area ("ITA"); Pursuant to the Program, the City acqUIred a 46.59-acre parcel of land on Indian River Road In Virglnta Beach, Virglnra (GPIN 1483-58-0100, formerly 1483-48-9053), on May 15, 2007 for $1,167,570, (the "ITA Property"); As authonzed by Ordinance 30008 adopted by the City Council of Virginia Beach on September 25, 2007, the City entered mto a Multi-Year Agreement with the United States of Amenca, Department of the Navy (the "Navy") on September 27,2007 In the Multi-Year Agreement, the Navy and the City agreed that the City would convey to the Navy restnctive easements over property the City acquIres In the ITA, and the Navy would pay faIr market value of the easement up to 50% of the City's acqUIsition cost of each ITA property (the "Encroachment Partnenng Agreement"); Pursuant to the Encroachment Partnenng Agreement, the Navy seeks to convey to the City, In fee, surplus property the Navy owns In Virginia Beach, comprising 82 acres, more or less, and generally known as "Marshvlew" (the "Marshvlew Property"), subject to certaIn use restnctions limiting the property to park use, In exchange for a restnctive easement on the ITA Property (the "ITA Easement"); and · Considerations: The City's Outdoors Plan, its gUidance document for open space acqUIsition and outdoor recreation plannrng, recommended the Marshvlew Property be acqUIred for a future public park. Marshvlew IS one of the largest tracts of undeveloped land at the Oceanfront and IS convenrently located between the neighborhoods of Lands End, Salt Marsh Pomt, Seatack, and Shadowlawn on Lake Rudee. The City has been In diSCUSSions with the Navy since the early 1990s on the potential use of the site for public recreational purposes. The Marshvlew site would meet public needs by provIding a unrque upland, waterfront park property for Virginia Beach resIdents. . Public Information: PrevIous adoption of ORD-3000B authorizing Multi-Year Agreement; Advertisement In The VirgInian-Pilot Beacon, and Advertisement of Council Agenda. . Recommendations: Approve the Ordinance and authorize the exchange . Attachments: Ordinance, Marshvlew Location Map, Summary of Terms, City Easement Location Map Recommended Action: ~ '" /k Submitting Department/Agency: Parks & Recreation rw City Manager:~ t :c:ell""'!. . ,II I 1 AN ORDINANCE AUTHORIZING EXECUTION 2 OF AN EXCHANGE AGREEMENT WITH THE 3 UNITED STATES OF AMERICA TO ACQUIRE 4 82 ACRES OF LAND (MARSHVIEW) IN 5 EXCHANGE FOR CONVEYING A 6 RESTRICTIVE EASEMENT OVER 46.59 7 ACRES OF CITY-OWNED LAND IN THE ITA 8 (GPIN 1483-58-0100) 9 10 WHEREAS, the City Council of the City of Virginia Beach has 11 authonzed and funded CIP 9-060, the Oceana and Inter-Facility Traffic Area AcqUisition 12 Program (the "Program"), for acquisition of property surrounding Oceana and In the 13 Inter-Facility Traffic Area ("ITA"); 14 15 WHEREAS, pursuant to the Program, the City acqUired a 46.59- 16 acre parcel of land on Indian River Road In Virginia Beach, Virginia by Deed dated 1 7 March 23, 2007 and recorded In the Clerk's Office of the Circuit Court of the City of 18 Virginia Beach, Virginia as Instrument No. 20070515000660610 for $1,167,570 (the 19 "ITA Property") generally known as GPIN 1483-58-0100 (formerly 1483-48-9053); 20 21 WHEREAS, as authonzed by Ordinance 3000B adopted by the City 22 Council on September 25,2007, the United States of Amenca, Department of the Navy 23 (the "Navy") and the City entered Into a Multi-Year Agreement on September 27,2007, 24 In which the Navy and the City agreed that the City would convey to the Navy restnctive 25 easements over property the City acquires in the ITA, and the Navy would pay fair 26 market value of the easement or 50% of the City's acqUisition cost of the ITA properties 27 (the "Encroachment Partnenng Agreement"); 28 29 WHEREAS, the Encroachment Partnenng Agreement IS funded by the 30 Navy with $3 million and land the Navy owns and deems surplus, which IS available for 31 exchange for an eqUivalent value In restnctive easements, pursuant to 10 U.S.C. 92869; 32 33 WHEREAS, the Navy seeks to exchange surplus property the Navy owns 34 In Virginia Beach, compnslng 82 acres, more or less, and generally known as 35 "Marshvlew" and more particularly described In the Summary of Terms (the "Summary 3 6 of Terms") attached hereto as Exhibit A and made a part hereof (the "Marshvlew 3 7 Property"), to be conveyed In fee Simple, subject to certain reserved use restnctions, In 38 exchange for a restnctive easement on the ITA Property (the "ITA Easement"); and 39 4 0 WHEREAS, the City Council finds that it IS In the best Interests of the City 41 to acqUire the Marshvlew Property from the Navy In order to construct and maintain a 42 public park pursuant to the City's Outdoors Plan and for other related public purposes, 43 and In exchange will convey to the Navy the ITA Easement. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA. II 47 48 4 9 1 That the City Manager IS hereby authonzed to execute an 50 Agreement for the Exchange of Real Property Interests with the United States of 51 Amenca In substantial conformance with the Summary of Terms, with such other terms, 52 conditions or modifications as may be satisfactory to the City Manager and In a form 53 deemed sufficient by the City Attorney; and 54 55 2. That the City Manager IS hereby authonzed to execute any 56 documents necessary to effect the terms of the Agreement for the Exchange of Real 57 Property Interests, Including (a) executing a Grant of Easement for the ITA Easement In 58 substantially the same form attached to the Encroachment Partnenng Agreement, and 59 (b) accepting a Quitclaim Deed from the Navy for the Marshvlew Property with such 60 restnctions as set forth In the attached Summary of Terms. 61 62 ThiS ordinance shall be effective from the date of its adoption. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on the 65 day of ,2008. 66 67 68 APPROVED AS TO CONTENT ~~ ~t..) 0-. bt\.lj<ili~QqllC-IO\(] 71 Public Works 0 oJ 0 CA10747 APPROVED AS TO CONTENT V :lapplicauons\crtylawprodlcycom32\ WpdocslD004\PO03\OOO63964.DOC R-1 September 12, 2008 ~'0 ~ Recreation APPROVED AS TO LEGAL SUFFICIENCY . /{~ldy,Q "II I I EXHIBIT A SUMMARY OF TERMS MARSHVIEW EXCHANGE CITY - U.S. EXCHANGE AGREEMENT FOR MARSHVIEW PROPERTY Parties: United States of America, acting by and through the Commanding Officer, Naval Facilities Command, Mid-Atlantic, and City of Virginia Beach Transaction: The U.S. will exchange the Marshvlew Parcels for the ITA Easement, each as described below Property' Marshvlew Parcels: Approximately 82 acres of undeveloped land located east of Birdneck Road and the Salt Marsh POint neighborhood In the City of Virginia Beach, depicted In the location map attached hereto as "Exhibit to Summary of Terms" and made a part hereof. GPINs: 2417-63-8556; 2417-73-1546; 2417-63-8455; 2417-73-0186; 2417-73-4027; 2417 -72-1866; 2417-72-4866; 2417-82-0890; 2417-62-5690; 2417-62-9740; 2417-72-4771, 2417-72-9577; 2417-62-5475; 2417-62-8462; 2417-72-4423; 2417-72-9477; 2417-62-5179; 2417-62-8177; 2417-72-4128; 2417-72-9178; 2417-61-5907; 2417-61-8978; 2417-71-5918; 2417-61-7659; 2417-71-3734, 2417-71-4742; 2417-71-4942; 2417-71-9838; 2417-81-0879; 2417-81-1611, 2417-81-2549; 2417-81-3504; 2417-81-3407; 2417-81-8250; 2417-81-7439; 2417-81-7518; 2417-81-6663; 2417-73-6469; 2417-62-1142; 2417-81-1567; 2417-81-6320; 2417-81-7377; 2417-81-5865; 2417-81-6078 Exchange: The Marshvlew Parcels will be conveyed to the City by Quitclaim Deed in exchange for a restrictive easement over City-owned property located In the ITA. The City property to be subject to the easement IS located on Salem Road and was acquired by deed dated March 23, 2007, and recorded In the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument No. 20070515000660610 (hereinafter, the "ITA Easement"). The ITA Easement will be conveyed In the form of the Grant of Easement preViously agreed to by the Parties, which was attached as an exhibit to the Multi-Year Agreement By and Between the United States of America and City of Virginia Beach, executed September 27, 2007 Purchase Pnce: like-kind exchange of Marshvlew Parcels for the ITA Easement. 1 II Use Restnctions on Marshvlew Parcels: The deed conveYing the Marshvlew Parcels to the City will reserve to the United States a perpetual easement and nghts as follows: 1 Restricted Uses. All uses and activities, except for Limited Recreational Uses as defined herein, are prohibited. The term "limited Recreational Use" shall Include all passive recreational uses and permitted active recreational uses as follows: a. Passive Recreational Use. The term "Passive Recreational Use" means leisure activities such as, but not limited to, walking, Jogging, hiking, wildlife observation, children's play areas, dog parks, general public recreation, fishing and the use of non-motorized watercraft, such as canoes and kayaks. b. Permitted Active Recreation Use. The term "Permitted Active Recreational Use" means recreational activities, such as practices and non-programmed participation, In ball field and court sports by the general public; non-motorized, wheeled activities, such as skateboarding, rollerblading/skating and bicycling. 2. Activities and Uses Expresslv Prohibited. The authorized use of the Property, described In Paragraph 1 above, shall not Involve any of the following: a. Human Habitation: Human habitation, Including but not limited to, temporary accommodations such as cabins, trailers, recreational vehicles, and tents. b. Programmed Activities: Team play or spectator sports, where the publiC IS Invited to view sporting activities such as games. Team practices and "pick up" games are permitted as a Permitted Active Recreation Use. c. Visual Hazards: Activities of any type that produce smoke, glare or other Visual hazards; however, charcoal grills are permitted. d. Encouragement of Concentrations of Birds: Activities of any type that encourage concentrations of birds, such as bird feeding stations and ponds. e. Dumolng: Other than trash cans necessary to serve particIpants In limited Recreational Use, the dumping of garbage IS prohibited. This Includes, but IS not limited to, landfills, disposal, composting, recycling, burying, storage, or processing of garbage or waste materials. f. Other Prohibited Uses: Golfing; horseback riding; recreational campgrounds or marinas. 3. Improvements and New Construction. Construction or Improvements to the Property are prohibited except those necessary for or InCidental to Limited Recreational Use as defined In herein. The follOWing reqUirements and prohibitions apply to Limited Recreational Use construction and Improvements: a. HelQht Restrictions. The erection, construction, Installation, alteration of any structure, building, or other edifice extending above 35 feet above sea level IS prohibited. Trees shall not extend more than 150 feet above sea level. b. Lighting Prohibited. External lighting IS prohibited. ThiS Includes, but IS not limited to, lighted baseball or softball fields; lighted tennis courts; lighted basketball courts; lighted recreation areas; and lighted football or soccer fields. 2 II I c. Permitted Improvements Incident to Limited Recreational Use. Improvements and/or buildings necessary for or inCidental to Limited Recreation Use as defined In Paragraph 1, are permitted, Including but not limited to the following: I. picnic shelters; ii. gazebos, such as covered overlooks; iii. playgrounds; IV dog parks; v skate parks; VI. benches; vii.water fountains; viii. charcoal grills; IX. fences and restrooms; x. trails, walkways, vehicular access roads; XI. parking areas; xii.plers for fishing and non-motonzed watercraft; xiii. park management, maintenance and storage facilities; and XIV Installation of public utilities, storm water management facilities and water control structures are permitted to a scale that are deSigned and constructed only to serve the Improvements that are permitted as listed above or otherwise control flooding on the subject Property. d. Meetinq Places are orohibited. The follOWing Improvements are prohibited: I. Clubhouses, meeting places, auditonums, classrooms, game bleachers and Similar facilities, except that small-scale bleachers for parents to view practices are perm itted; ii. public utility substations; iii. public dredging operation staging areas; IV borrow pits; v watershed; VI. water reservoirs; vii.storm water management facilities and water control structures other than as noted In paragraph 3(c); viii. fish hatchenes or man-made ponds. The U,S. shall have the nght, by and through their agents and employees, to enter the Property at all reasonable times, with forty-eight (48) hours' pnor notice to the Grantee, and for the purposes of determining compliance with the terms of thiS Instrument. 3 I, INSET 8: N.T.S. /?I I . ~ I g~i /\ -la~ ...-..-------'-ft-u """IU'fTO BlAtQUWD\I.: I rl'f THE arv Of \'tRQN1A BfACH . " ~4f,,~ , ~ / ~l Ii"/ I:, 0iIJ ., : 926"34'e7"V ~ ~ CPI~~~I:-~q:s3 lJl ;r~11U" INSET C: N.T.S. .. / SEE INSET C.ft\ / Ll~l6 ~~~ . S zerttw... 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',' 9 ~ N.3.437.74'1.43 E.12.18;J.326.65 """"""'" RO/!DNAYI'A\'fMENt INDIAN RMR ROAD (30' K\'M (M.B. 'J PC.. 23) IWOIU:" tINt PO M,1L9,..U . ...- iii """"""'" o .... IN (:ONClnI15rn _.._ CIHfI1IlMOfDl1Ot __ "0iW.I'<< FlNCI N.U. NOt' 10 SCAlI L13 """'" t\w '0' [fWJf'UlTLNPlI M.L". ".)11 S 64''5liJ'03' E: 1\ _ _ _ _ _._ _. _ __ _ ~ _ "....,' '._ _ _ _ __ _ _ __ _ _ _ _ ]~~~._6~~ _ _ _ _ _ _ _ ~ _ _ _ _ __ _ _ _ _ _ _ _ _ __ GRAPHIC SCALE ,'= 200' I . I O' 200' 400' ...., " nw:r Of l.HID TO BE ACQUIlt(O IV THE CRY O~RQNIA BEACH WAlnlt P.CRAVf5.JR., ClARENa R.GRAVfS,W1lllAM AGAAVES, TtRJtANCE A GRAVES, ROSANNA (l.AIfoCc. 8AkIR AND sANDM MIN C. CARNES -"""- SUMY IlJIlAU ~ DMSION DU'MfMIHT Of .-..x: WCID . on Of ~ ItAOt, WlCNA ISCAIf:'''.2OO' t1DlW:DlW IIftOlIlt:~'OI' IlfU:_,,' vi INSET ^, N_T.S. --------------------~----------------------------------------~--------~-----------------------------------~------------------------- I,ll I ~i;~~ 4""~~c lP~~a!'- .'~'~ (Gr'" .' .,. l'~~ ~~\':7< .'ji) "...... i."'h "~~~<;~"J ..:::.~~j-4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A RESOLUTION TO DEVELOP AN ENVIRONMENTAL SUSTAINABILlTY PROGRAM KNOWN AS "GO GREEN VIRGINIA BEACH: THE SUSTAINABLE VIRGINIA BEACH INITIATIVE" MEETING DATE: September 23,2008 . Background: Clay BernIck provIded an mformation bnefing concernmg the VirginIa MUnicIpal League (VML)'s Go Green VirgInia Government Challenge at the August 26, 2008 City Council Bnefing sessIon. The Challenge IS Intended as a fnendly competition among VML member local governments to encourage the Implementation of specific envIronmental policIes and practical actions that not only reduce carbon emISSIons, but can save local governments money The mitiative, endorsed by the VML's Executive Committee, recognizes that the Commonwealth's communities need to take Innovative steps to reduce energy usage and promote sustamability As of August 22, 68 out of 208, or 33% of VML member Junsdictions representing 44% of the state's population, were particIpating In the competition. As of August 22, 12 of 16 VML member local governments m Hampton Roads were particIpating, representing 49% of the total VML particIpant population. These efforts mirror other efforts nationwIde, where well 500 cities are Involved In some form of sImilar sustamability programs activity The VML Go Green Challenge consists of 11 Categones of actions, 30 Action Areas, and a grand total of 200 Possible POints. At the direction of the Office of the City Manger, the Department of Planning's EnvIronmental Management Center has Informally created a Sustalnability AdVISOry Team (SAT) that has been compiling data for sconng for each category and action area. The SAT has Included representation from citizen volunteers, the Green Ribbon Committee, the JOint Energy Committee, Schools, other City Departments Including the Convention and Visitors Bureau, Finance, Management Services, Parks and Recreation, and Public Works. Results are to be submitted to VML by September 30. The SAT will provide its package for the Challenge to City Council before submittal to VML. Work on thIS effort has shown the need for an ongoing group to continue to Identify and recommend mitiatives that will advance the City's sustalnability efforts for the long term, and to track progress and report on opportunities on a regular basIs. One of the VML Challenge categones looks for local government adoption of a formal policy to work towards development of a sustamability plan and to reaffirm City support for the U S. Conference of Mayors Climate Protection Agreement. Mayor Oberndorf sIgned the U S. Conference of Mayors Climate Protection Agreement m 2005. . Considerations: As the City looks beyond accomplishing the Initial objective of accepting the VML Go Green Government Challenge and submitting its scorecard package for this year, the effort has shown several things that are worthy to note and build upon. First, the review of eXisting efforts has helped assemble and document the widespread efforts that the City has undertaken or IS currently Involved In undertaking to better protect the environment and its natural resources, and its long-standing commitment to conservation. Second, the documentation that IS being collected will help to reinforce the Natural resources and Environmental Protection areas of the upcoming Comprehensive Plan Update and will help Identify new goals and objectives for the City, with strong community input. Third, the overall effort and Informal Input from the SAT work group has helped to focus a desire to continue to Identify low- to no- cost measures to help Improve the City's performance In each of the 11 VML Go Green Challenge Categones (example - Wind power generation zomng ordinance amendments) to benefit the City and its citizens. Collectively, thiS effort and ethiC will help Virginia Beach to become better recogmzed as a leader and an example In the region, state and nation of a sustainable community It will also allow the City to begin a focused effort to market Virginia Beach as a location for promoting educational and economic development that IS sustainable for the City, and recruiting businesses that export sustainable goods (services, products, programs and Ideas). Formal establishment of thiS effort will allow for the City to begin to formalize its Widespread "green" Initiatives In a sustalnability framework as IS happening In other cities throughout the nation. . Recommendations: Adoption of the attached resolution to (1) accomplish one of the VML Challenge categones, (2) Indicate City commitment to work towards development of a sustalnability plan, and (3) to reaffirm City support for the U S. Conference of Mayors Climate Protection Agreement. . Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Planmng Department City Mana . )L _~~ "II I 1 A RESOLUTION TO DEVELOP AN ENVIRONMENTAL 2 SUSTAINABILlTY PROGRAM KNOWN AS "GO GREEN 3 VIRGINIA BEACH: THE SUSTAINABLE VIRGINIA BEACH 4 INITIATIVE" 5 6 WHEREAS, a sustainable city with a high quality of life that meets the SOCial and 7 economic needs of its current and future citizens, employees, visitors, and business 8 community, while maintaining and Improving the quality of its natural environment IS 9 Important to Virginia Beach's citizens, economy, and future; 10 11 WHEREAS, the City of Virginia Beach IS committed to protecting the health and 12 welfare of its current and future citizens, employees, visitors, and business community 13 and preserving the environment through the responsible management of resources and 14 sound environmental practices; 15 16 WHEREAS, the City of Virginia Beach IS focused on both environmental 17 compliance through a comprehenSive Environmental Management Program and 18 environmental sustalnability; 19 20 WHEREAS, the City of Virginia Beach IS supportive of and reaffirms its 21 commitment to and participation with the U.S. Conference of Mayors Climate Protection 22 Agreement, as Signed by the Honorable Mayor Meyera E. Oberndorf on behalf of the 23 City on June 13, 2005; 24 25 WHEREAS, the City of Virginia Beach IS committed to actively engaging the 26 community to promote and encourage environmental sustalnability efforts; 27 28 WHEREAS, the City of Virginia Beach has adopted numerous policies In the 29 ComprehenSive Plan that support environmental sustalnability through natural resource 30 management, open space preservation, air quality, climate protection, and water quality; 31 32 WHEREAS, the City of Virginia Beach IS committed to pursuing the adoption of 33 appropriate green building practices through administrative directives, Including 34 continUing its membership In the United States Green Building Council (USGBC) which 35 administers the Leadership In EnVironmental and Energy DeSign (LEED) certification 36 program and other green building programs; 37 38 WHEREAS, the City of Virginia Beach IS Implementing energy and water 39 conservation measures and other conservation Initiatives; 40 41 WHEREAS, the City of Virginia Beach IS a partiCipant In the Virginia MUniCipal 42 League (VML) Green Government Challenge, with a goal to become a "certified" Green 43 Government; 44 II 45 WHEREAS, the City of Virginia Beach has been desIgnated as a "Tree City USA" 46 for the past 28 years and IS In the process of creating an Urban Forest Management 47 Plan for the City; 48 49 WHEREAS, the City of VirgInia Beach IS Initiating efforts to reduce carbon 50 emiSSions and Improve air quality through the use of hybnd vehIcles and other clean 51 technologIes as well as Implementation of an Anti-Idling Policy for City employees; 52 53 WHEREAS, the City of Virginia Beach IS a "Keep Amenca Beautiful" affiliate; and 54 55 WHEREAS, the City of VirgInia Beach actively partiCIpates In national, state and 56 regional environmental and sustalnability Initiatives and will continue to support these 57 efforts. 58 59 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 60 VIRGINIA BEACH, VIRGINIA. 61 62 That through a process of monitonng and continuous Improvement, the City will 63 maintain a comprehensive EnvIronmental Management Program and develop an 64 Environmental Sustalnability Program that will: 65 66 · Meet or exceed applicable state or federal regulatory reqUIrements and proVide 67 for penodic compliance revIews of City-owned operations and properties; 68 69 · Create a Sustalnability Plan for the City of Virginia Beach to be presented to 70 City Council by December 31, 2009. The Plan will establish 1, 5, and 10 year 71 sustalnability targets as well as establish Initiatives deSIgned to reach the targets 72 set out In the Plan; and 73 74 · Create a penodic report entitled "The State of Virginia Beach's EnVironment" In 75 order to document the Implementation status of the Sustalnability Plan and other 76 environmental Initiatives. 77 78 BE IT FURTHER RESOLVED by the Council of the City of VirgInia Beach, 79 Virginia, that the City Manager shall establish a Sustalnability AdVISOry Team, In order 80 to oversee and coordinate these efforts within the City organization and with the 81 community, and to promote, Implement, oversee, recommend, and track sustainable 82 practices and activities. Adopted by the Council of the City of VirginIa Beach, VirgInia, thiS _ day of ,2008. IIII APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~- CA 10866 R.,.2 September 12, 2008 II I ~ ~~~"',\A '~~ ~0',t..;,."':iI ~~1 (,:.,. -, ~~, (f- ,_" ;'" ~~ ~. ;~~ (Y,lo If) '(,.~..~.-y '\.;: ", ",,":;;~ -.......... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution ApproVing the Proposed Issuance of Revenue Bonds by the Southeastern Public Service Authority of Virginia MEETING DATE: September 23,2008 . Background: The Southeastern Public Service Authority of Virginia (SPSA) IS planning certain capital Improvements, some of which are located In the City of Virginia Beach (see Exhibit A). SPSA Intends to finance a portion of the capital costs In the amount of $13,500,000 with the Issuance of its Revenue Bonds. State law requires that SPSA receive approval for the financing from the governing bodies of the localities In which the Improvements to be financed are located. . Considerations: SPSA has provided a package to the City on this finanCing, Including a letter from their bond counsel Indicating that the City's approval will allow SPSA to Issue tax exempt bonds. In 2005 and 2007, the City gave similar approval to SPSA for all of SPSA's facilities located In the City ThiS Issuance provides $401 ,000 for projects In Virginia Beach. The Issuance of these bonds does not affect the City's debt program and IS not Included In the overall debt of the City. . Public Information: SPSA held a public heanng on these bonds on September 15, 2008. Public notice of the heanng was provided on August 29, 2008, and September 5, 2008. Public notice also will be provided through the normal Council agenda process. . Attachments: Resolution Exhibit A-Tax Exempt Improvements In Virginia Beach Letter from Executive Director Memorandum from SPSA's Bond Counsel Fiscal Impact Statement Recommended Action: Approval Submitting Department/Agency: Finance~4t City Manager:~ 'K. qg~ "II I 1 A RESOLUTION OF THE CITY COUNCIL OF VIRGINIA 2 BEACH APPROVING THE PROPOSED ISSUANCE OF 3 CERTAIN REVENUE BONDS BY THE SOUTHEASTERN 4 PUBLIC SERVICE AUTHORITY OF VIRGINIA, A PORTION 5 OF THE PROCEEDS OF THE BONDS TO BE USED TO 6 FINANCE OR REFINANCE FACILITIES LOCATED IN THE 7 CITY 8 WHEREAS, the Southeastern Public Service Authority of Virginia (the 9 "Authority") anticipates making certain capital Improvements and Intends to finance or 10 refinance such capital Improvements through the Issuance of one or more Issues of 11 revenue bonds In an aggregate pnnclpal amount up to $13,500,000 (the "Tax-Exempt 12 Bonds") which bonds will finance or refinance the facilities described In Exhibit A, all or 13 a portion of which are or may be located within the City of Virginia Beach (the "City") 14 (the ''Tax-Exempt Improvements"); 15 16 WHEREAS, under the Internal Revenue Code of 1986, as amended, pnor to the 17 Issuance of the Tax-Exempt Bonds, the Authority must hold a public heanng and 18 receive governmental approval of the Issuance of the Tax-Exempt Bonds; 19 20 WHEREAS, such governmental approval can, by virtue of the location of certain 21 of the Tax-Exempt Improvements within the City, be given as to such Improvements by 22 the City; 23 24 WHEREAS, Section 15.2-4906 of the Code of Virginia, 1950, as amended (the 25 "Local Approval ProVIsion"), requires that, if certain authorities created pursuant to law 26 In Virginia hold a public heanng In accordance with federal law as a prerequisite to 27 undertaking a tax-exempt finanCing, such authorities must receive approval for the 28 financing from the governing bodies of the localities In which the Improvements to be 29 financed are to be located; 30 31 WHEREAS, the Authority IS an authority subject to the Local Approval ProvIsion; 32 33 WHEREAS, on September 15, 2008, the Authority held a public heanng (the 34 "Heanng") regarding the Issuance of the Tax-Exempt Bonds pursuant to a notice of 35 public heanng published twice, on August 29, 2008 and September 5, 2008, the last 36 such date being not less than SIX days after the second publication of such notice; 37 38 WHEREAS, the Authority has provided to the City Council the follOWing: (i) a 39 reasonably detailed summary of the comments, if any, expressed at the Heanng; (ii) a 40 fiscal Impact statement concerning the Tax-Exempt Bonds In the form specified In 41 Section 15.2-4907 of the Code of Virginia; and (iii) the Authority's request and 42 recommendation that the City Council approve the Issuance of the Tax-Exempt Bonds; 43 44 WHEREAS, failure of the City Council to adopt thiS Resolution may result In the 45 Authority's Issuance of taxable debt to finance the Tax-Exempt Improvements; I, 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 WHEREAS, the City's approval of the Tax-Exempt Bonds will In no way (1) Increase the City's liability with respect to any of the City's obligations under any agreement or contract with the Authority, or (2) constitute any amendment or modification of any such agreement or contract; and WHEREAS, the City Council has determined to approve the Issuance of the Tax- Exempt Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 1 The City Council hereby approves the Issuance by the Authority of the Tax- Exempt Bonds. 2. This Resolution shall take effect Immediately Adopted by the Council of the City of Virginia Beach, Virginia on the ,2008. day of Approved as to Content: Approved as to Legal Sufficiency' ,:;;t~~u (}~ Department of Finance ~~oJ:- CA 10854 R-3 September 11, 2008 2 "II Exhibit A Tax-Exempt Improvements located in the City of Virginia Beach, Virginia Improvement LocatIOn ReplacIng two pIckup trucks, one flatbed delivery truck and one forklift The sanItary landfill located at 1991 Jake Sears Road, Virglma Beach, VirginIa Station fence, upgrade of tIppIng floor, The Oceana Transfer StatIon located at 2025 retammg walls and hopper for tIppIng floor and VirginIa Beach Boulevard, VirgInIa Beach, for tlppmg floor building VirgInIa 3 NY I 6726088v,1 I, RegIOnal Office 723 Woodlake Dnve, Chesapeake, V A 23320 phone: (757) 420-4700 fax: (757) 424-4133 www.spsa.com Mr. James K. Spore City Manager City of VirgInIa Beach MUnIcIpal Center VirgInIa Beach, V A 23456-9099 ----- August 28, 200~ "Ji,~ ~,,: ,:----:-..--:-h_;:.=_, ..i ,--.-' " , ,. 'I '\ I '~, --____ 'nI' " ! -'---, 'II ! 1/1" i ~..1 AUG 2:: ~';r-'1 I J; ~ D:vv I I ~_ I '--~ :;:':~-_J -':ry OF ~ ,.- t..1( 'f'~\,.:r:;-~ '.~~_'~:' ~;t-' --"'"----~-.. Re~: Tax-E~empt Revenue Bonds by SPSA (TEFRA-Tax EqUIty and Fiscal Responsibility Act) Dear .fltlre: Th SA Board of DIrectors has expressed Its mtentIon to Issue certam tax-exempt revenue bonds up to $13.5 million to finance a portion of Its FY 2009 CapItal Improvements Program (approxImately $26.1 million 10 total). State and federal law requITes SPSA to conduct a public heanng and to vote publicly pnor to Issuance of the tax-exempt bonds. In additIon, the law also reqUIres approval from each respective local governmg body m WhICh any of the capItal projects are proposed to be financed with proceeds from the tax-exempt bonds. Followmg public notIce, SPSA will convene the reqUIred public heaTIng on September 15, 2008. No public heanng IS requIred by the lOdivIduallocalities. The SPSA Board expects to approve the financmg at Its next regular meeting on September 24, 2008. Because a portIon of the proceeds will be used to finance certam capital expenditures m ViTgtma Beach, It IS necessary for your Council to approve the financmg. We ask that your Council authonze the adoptIOn of the attached resolutlOn m support of the Issuance of the tax exempt bonds as noted above and herem. Please be aware that SPSA's Board has approved Its FY2009 Capital Budget. ThIS resolutton relates only to tax exempt financmg for certam of those approved capItal expenditures. If you were to deCIde to not approve thIS ResolutIon, the capItal expenditures will still be made and the financmg will still proceed, but the portion devoted to the VirgmIa Beach capItal expenditures would have to be financed as a "taxable" bond Issue, at a hIgher cost to the SPSA member COmmUnItIes. Accordingly, because It reduces the expense of borrowmg, It IS clearly m all members' best mterest to approve the resolution. Appended IS a draft form of the resolution for your City Council, along WIth a fiscal Impact statement, certificate of adoptIOn of resolutIon, and a memorandum from SPSA's bond counsel explammg the TEFRA process. Please do not heSItate to contact us should you have any questions or concerns. Attachments BOARD OF DIRK TORS (w;.?AJ'f.t\i<E Bryan l C"lhns fflA.~_~1'J Barry Chea,ham !$IJ: Qf.'>M9J:fT James B, Brown..!, ~QI.tfQ~ Donald l Wilhams CWIlR.'"IAN P9RTIlM9)JT1;1 Ray A Smith, Sr Vlc:E -CHA1!l.MAi'-i IiQ1..J'1'JMMPT9!'J CQt;Nll' Dallas 0 Jones liYfJ'OJX Leroy Bennett ~qI.Nk\~ql Michaelj. Barrett ~W!1Y.I; PIE!'Q9R. Rowland L Taylor SPSA P.O. 80x lj4b Chesapeake. VA 2J)1O-IJ4b *';:,,",.,,;:;.:.',:";~""'" SID'i~EY] MEMORANDUM TO. City of Chesapeake City of Norfolk City of Portsmouth City of SuffiJlk City of VirgInJa Beach Southampton County Isle of Wight County City of Franklin Frank RobInson August 26, 2008 cc FROM: DATE. As bond counsel to the Southeastern Public ServIce Authonty of VirgInia, I am provIding the followmg background for SPSA's request that each of the SIX addressees, where portIons of certam proposed FY2009 capital Improvements to SPSA's Disposal System are located, grant the "host approval" reqUired by federal and state law The particular capital Improvements m SPSA's approved capItal budget for Its FY2009, located or to be located In your commul1ltleS and Included as part of SPSA's "DIsposal System," are described In Exhibit A to the suggested fOlm of proceedings provided to you. CapItal Improvements to SPSA's Power Plant cannot be tinanced with tax-exempt debt (because It does not meet the detll1ltlon of a "solid waste t~lcilityl.. or a functlOnall y related and subordinate annex thereto). Virglllla law [Va. Code S 15.2-4906 and -4907) and the Treasury regulatIOns relatlllg to the so-called TEFRA~ approval process were deSIgned pnrnarily to assure that Issuers, wIthout elected ofticlals (such as mdustnal development authontIes), of mdustnal development bonds could not authonze such bonds before recelvmg mput trom a public heanng and approval of the elected otticwls 111 the commuOlttes where the facililies were to be located (host approval). Because SPSA receives slgl1lficant revenue pursuant to more than one-year contracts wIth pflvate enttlles such as the Untted States Navy and VirgmJa Power, SPSA' s bonds are pnvate activIty bonds subject to the TEFRA approval process If the mterest thereon IS to be tax-exempt. The Virgl1lla statute also reqUIres that SPSA provIde you, at the same ttlne you consider adoptIOn of the proposed resolution grantmg TEFRA approval, With an "unpaet'. statement and an extract of the testImony from the public heanng SPSA IS scheduled to hold on September 15 I SectIOns 14 J (e)( I) and 142(a)(6), Internal Revenue Code of 1986, as amended. ~ The a\.:Tonym for the Tax EqUIty and Fiscal Responsibility Act of 1984. TEFRA Imposed lhe public heanng and hosl approval reqUIrements on whal were then "industnal development bonds" and are now called "pnvate actIvity bonds'. See IRe scellon 147(0(2) and the regulatIons thereunder. II SIDIj~YI The Impact statement IS appended. A summary of the comments of anyone who appears and speaks at SPSA's public heanng on September 15 will be funushed you unmediately atter the heanng. As you consIder adoptIon of the suggested resolution, please understand that 'the consequence of your adoptton of the requested resolutIOn (TEFRA approval) IS that SPSA may finance the DIsposal System Improvements m your commumty on a tax-exempt baSIS. Your tailure to approve will cause SPSA to mclude such Improvements WIth ItS Power Plant Improvements In the taxable borrOWIng that does not reqUIre TEFRA approval. If, hypothetIcally, one commumty that IS host to capItal Improvements that cost $500,000 declined to provIde the TEFRA approval reqUIred for SPSA to Issue tax-exempt bonds for such Improvements, and the cost were Instead to be financed WIth taxable bonds and amortIzed WIth a tour-year average life, SPSA, and the applicable localities through theIr hpplllg fees, would pay an additIOnal $40,000 In Interest expense on the taxable bonds (assumlllg a 2% spread between SPSA's tax-exempt and taxable borrowmg rates). The proceedings that SPSA IS provIding to you are closely modeled on those you were provIded III the fall of 2007, when each of SPSA's host localitIes gave approval for SPSA's capItal Improvements 111 Its community and thereby enabled SPSA to Issue $25,145,000 of Its bonds for Its FY2008 capItal program on a tax-exempt baSIS. SPSA will greatly apprecIate your adoptIng the suggested resolutIon on or pnor to September 23, 2008. The SPSA Board expects to conSIder a resolutIOn on September 24, 2008 that will authonze (A) taxable bonds for the Power Plant Improvements and any Improvements to the DIsposal System for WhICh host approval IS not tImely receIVed and (B) tax-exempt AMT bonds for the Improvements to the DIsposal System for whIch host approval IS tImely receIved. If you have any questIOns respectmg SPSA's proposed financlIlg, please feel free to contact Walt Hunter, the CFO of SPSA. If your attorneys have any questIOns respectlllg the suggested form of your resolutIOn, please ask them to call me at 212-838-5323. 2 NY) 6725926v,2 "II FISCAL IMPACT STATEMENT August 27. 2008 Applicant: Southeastern Public ServIce Authonty MaxImum amount of financll1g sought: 2. EstImated taxable value of the facility's real property to be constructed 111 the locality' 3. Estnnated real property tax per year usmg present tax rates: 4. EstImated personal property tax per year uSll1g present tax rates: 5 EstImated merchants' capItal tax per year uSll1g present tax rates: $26.750,000 (ApproXImately $964,956 for projects 111 Chesapeake, $575,095 t()r projects 111 Norfolk, $15,864,000 tor projects 111 Portsmouth, $89,000 for projects 111 Southampton Co., $8,161,500 for projects 111 Suffolk and $40 1,000 for projects In Virgmla Beach) Total projects equal $26,055,551 plus cost of Issuance to be mcluded. N/ A (The Authority's facilities are exempt from real property taxatIOn) NI A (The Authority's facilitIes are excmpt from real property taxatIOn) NI A (The Authonty's tacilitles are exempt from real propcl1y taxatIOn) NI A (The Authonty's facilitIes are exempt from rcal propeI1y taxatIon) 6. a. EstImated dollar value per year of goods that will be purchased trom VirgJJlIa compames wlthm the locality- N! A b. EstImated dollar value per year of goods that will be purchased from nOI1- VirgInia compames wlthm the NY I 6 7~59~9v I locality N/A C. EstImated dollar value per year of servIces that will be purchased from Virglllla compal11es wlthll1 the locality- N/ A d. Estimated dollar value per year of servIces that will be purchased trom 11011- Virglllla compal11es with the locality N/ A 7 Estimated number of regular employees on year round basIs: 467 8. Average annual salary per employee: $43,627 Respectfully submItted, SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA By Rowland Taylor, Executive Director 2 ~y I h7~5~~~".1 ,j I ,(~~~~i1Q~~ rt I. ~'. ~~ ~~~. I. ~, "\~,, jf ~'~" "~ .)- -';' ,,,.,,,,~~ ......""'~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A RESOLUTION ENDORSING THE ELIZABETH RIVER PROJECT 2008 WATERSHED ACTION PLAN AND SUPPORTING THE GOALS AND VISIONS OF ELIZABETH RIVER RESTORATION AND CONSERVATION MEETING DATE: September 23,2008 . Background: Marjorie Mayfield Jackson, Executive Director of the Elizabeth River Project (ERP), gave a presentation on the ERP's Watershed Action Plan Update 2008 at the September 2,2008 City Council Briefing. The Action Plan update IS the result of nearly eight months of effort Involving a large and diverse group of stakeholders to establish a VISIon for continUing efforts to restore the Elizabeth River watershed, an effort the City has been Involved In since 1996. To facilitate development of the Action Plan update, a Summit took place on November 5-6,2007 and served as the offiCial kick-off to the process of drafting an updated Watershed Action Plan. In response to thiS presentation and the request for City participation In thIS process, City Council member Harry Diezel and Staff Member Clay Bernick served as members of the Watershed Action Team JOIning more than 100 other diverse stakeholders representing organizations and Interests from across the regIon. The Action Team conducted research, planning efforts, and community outreach projects dUring the course of the Plan Update, and follOWing over 8 months of Intensive effort, the Action Plan IS now being taken to the organIzations represented by the Action Team for theIr offiCial endorsement. The Plan was unveiled to the public at an event on September 15, and the actual document will be made available to the public at a RiverFest event scheduled to take place on September 27th In celebration of "the River of the Future." The Action Plan establishes a senes of ambitious goals and actions to continue the tremendous progress that has already been made towards the ultimate goal of making the Elizabeth River fishable and sWimmable while sustaining a viable economy The Action Plan complements many of the Water Quality and Natural Resource policies that are contaIned withIn the City's Comprehensive Plan. The Action Plan also supports many of the efforts that the City has participated In for a number years, such as the Elizabeth River Restoration Project partnership with the Elizabeth River Project, the Cities of Chesapeake, Norfolk and Portsmouth, the Hampton Roads Planning Distnct CommIssion, the Commonwealth of Virginia, and the United States Army Corps of Engineers to assIst /n sediment clean up and wetland restoration. . Considerations: II As the City has recently Initiated work on updating the Comprehensive Plan, the work embodied In the Watershed Action Plan Update 2008 will prove Invaluable to the recommendations being developed for the Elizabeth River watershed within the City likeWise, many of the recommendations for the Elizabeth River watershed In the update to the City's Outdoors Plan are also reflected In the Action Plan Update. The public participation process for the Comprehensive Plan will afford an opportunity to review the Action Plan's recommendations with City residents, and reflect a more holistic approach to solving water quality Issues In thiS portion of the City . Recommendations: Adoption of the attached resolution to Indicate City partnership with other cities and organizations towards accomplishing a shared VISion for the future of the Elizabeth River watershed. . Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Planning Department City Manage~ y.. .~~ ,II I 1 'A RESOLUTION ENDORSING THE ELIZABETH RIVER 2 PROJECT 2008 WATERSHED ACTION PLAN AND 3 SUPPORTING THE GOALS AND VISIONS OF ELIZABETH 4 RIVER RESTORATION AND CONSERVATION 5 6 WHEREAS, the Elizabeth River Project IS a nonprofit organization dedicated to 7 restoration and conservation of the Elizabeth River to the highest practical level of 8 environmental quality through comprehensive studies, development of action plans and 9 Implementation of solutions; 10 11 WHEREAS, the Elizabeth River Project has formed partnerships and alliances 12 with community members, bUSinesses, and local, state and regional government 13 agencies; 14 15 WHEREAS, the City of Virginia Beach has demonstrated an ongoing 16 commitment to work with the Elizabeth River Project In achieVing its goals of restoring 17 wetlands and habitat, Improving water quality and removing tOXIC sediments from the 18 river bottom; 19 20 WHEREAS, In 1998 the City of Virginia Beach began its partnership with the 21 Elizabeth River Project, the Cities of Chesapeake, Norfolk and Portsmouth, the United 22 States Army Corps of Engineers and the Commonwealth of Virginia to assist In 23 sediment clean up and wetland restoration; 24 25 WHEREAS, the Elizabeth River Nature and Canoe Trail at Carolanne Farms 26 Neighborhood Park has been deSignated a "River Star" by the Elizabeth River Project, 27 recognizing the City's contribution to maintaining the environmental Integrity of the area; 28 29 WHEREAS, the Elizabeth River Project has recently completed the 2008 update 30 to its Watershed Action Plan through a participatory process Including over one hundred 31 stakeholders, which encompasses many goals Important to the City of Virginia Beach, 32 Including continued wetlands restoration along the Eastern Branch and proViding 33 educational and participatory opportunities for citizens, bUSinesses and community 34 organizations; 35 36 WHEREAS, the City of Virginia Beach participated In the development, and 37 supports the vIsion and objectives of The River of the Future, Elizabeth River 38 Restoration and Conservation, A Watershed Action Plan. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA. 42 43 That the City hereby endorses The River of the Future, Elizabeth River 44 Restoration and Conservation, A Watershed Action Plan, a copy of which IS attached 45 hereto, and supports the actions and solutions therein to restore and conserve the.46 Elizabeth River I, Adopted by the Council of the City of Virginia Beach this _ day of ,2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY JRdl:f':~J&J CA 10865 R-2 September 12, 2008 "'l ~"I~ ,Q~,~~~,>" "~"'I\'f:," 1& n~ \:.. -:- 1;j ~.S""'/ iJ ~~~~~"'.A ~~'l~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution for City Council to endorse the report of the City of Virginia Beach Housing and Neighborhood Preservation Plan, and direct City staff to develop proposals for the implementation of its recommendations. MEETING DATE: September 23, 2008 . Background: City Council was briefed on the Housing and Neighborhood Preservation Plan on September 2nd, and public comment was received on September 9th ThiS resolution formalizes Council's direction to staff to develop proposals that Implement portions of the plan. . Considerations: Staff will develop, with citizen Involvement, specific proposals for each action item In the report. Council will have the opportunity to review indiVidual proposals and approve or modify them. ThiS resolution does not commit the Council to any specific action or expenditure. . Public Information: The follOWing public Involvement opportunities have already taken place regarding thiS report: The report was publicized and discussed at two Planning commiSSion meetings (July and August). A town hall meeting was held In August; City Council was briefed on September 2nd and held a public Input opportunity on Sept 9th ThiS IS conSidered to have proVided suffiCient notice and opportunity to the public so that further action beyond the normal council agenda advertisement IS not necessary . Alternatives: Without thiS action, staff will not have the direction needed to develop specific proposals for conSideration. . Recommendations: Adopt the resolution. . Attachments: Resolution; Housing and Neighborhood Preservation Plan Recommended Action: Approval Submitting Department/Agency: D I City Manage~~ ~ ' ent of Housing and Neighborhood Preservation I'll 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 32 33 34 35 36 37 38 39 40 41 42 43 44 45 A RESOLUTION FOR CITY COUNCIL TO ENDORSE THE REPORT OF THE CITY OF VIRGINIA BEACH HOUSING AND NEIGHBORHOOD PRESERVATION PLAN AND DIRECT STAFF TO DEVELOP PROPOSALS FOR THE IMPLEMENTATION OF ITS RECOMMENDATIONS WHEREAS, m September 2005, City Council adopted a resolution directing the Planning Commission to examine and study the City's eXisting Development Ordinances and recommend amendments In regard to "helping to preserve the character and value of neighborhoods and housing and assist In their preservation and enhancement;" WHEREAS, the January 2007 report of the Workforce Housing Subcommittee contamed the followmg recommendations: . Establish tax Incentives for owners of eXisting housing that promote remvestment; . Establish gUidelines for housing renovation that are tailored to indiVidual neighborhoods; . Establish a "deSign center" that provides design and related assistance to owners and builders In order to promote and Incentivlze renovation that IS compatible with eXisting neighborhood character and design; . Provide mformation, gUidance, help In obtalntng finanCing and design assistance to residents who wish to renovate their housing; and . Insure that capacity eXists to preserve neighborhood quality on an ongoing basIs In all neighborhoods-adopt a Comprehensive Neighborhood Revitalization Strategy; WHEREAS, the Planning Commission Subcommittee on Preservation (Preservation Subcommittee) was convened In January 2008 to research and develop these recommendations; WHEREAS, the Preservation Subcommittee has met regularly since that time and has prepared an In-depth Report on a Housing and Neighborhood Preservation Plan (Report) (a copy of which IS attached to thiS Resolution); WHEREAS, the recommendations In the Report address the types of tools and enhancements that could be Implemented to promote and provide Incentives for the voluntary Improvement of housing that preserves and enhances quality housing and neighborhood character m addition to a collaborative process for neighborhood preservation and Improvement on an ongoing, sustainable basIs; WHEREAS, on August 13, 2008 the Planntng Commission endorsed the Report and forwarded it to City Council for its consideration; and 46 WHEREAS, the Preservation Subcommittee requests that the City Council 47 endorse the Report and direct City staff to develop proposals for Implementation of its 48 recommendations. 49 50 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 51 OF VIRGINIA BEACH, VIRGINIA. 52 53 That the City Council endorses the concepts contained In the Report on a 54 HOUSIng and NeIghborhood Preservation Plan, attached hereto, and directs City staff to 55 develop proposals to Implement its recommendations. Adopted by the City Council of the City of VirgInia Beach, VirginIa, thiS day of , 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ()j~!f/. f1~ City Attorney's Office CA 10842 R-3 August 27,2008 II i ~~2 r~~~.h, l<fr' "':1"$>" ~''i' f'_,)., ~- -- "...1 ~S ' . m ('!..,.".. ;:? (-;""~;'~~ ~;rlJ l.~~~...,~ ~~~~~.J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Request a Modification to the Virginia Board of Corrections Construction Standards for CIP # 3-441 "Corrections Center Addition III/Building Maintenance & Landscape Relocation" MEETING DATE: September 23, 2008 . Background: The Virginia Beach Sheriff's Department IS responsible for the care and custody of persons placed In the Virginia Beach Correctional Center Due to Increased Inmate population, the City, approved an addition to the Corrections Center Construction began In September 2002 and was completed In August 2005. Included In this project were renovations to the eXIsting facilities, which were completed In 2007 This project was approved for 25% State reimbursement In the amount of $11,302,695 on December 17, 2001 Procedures for reImbursement require that deficiencies Identified by the Department of Corrections be addressed In advance of the formal reImbursement request. . Considerations: Dunng the construction phase of the addition, the Virginia Department of Corrections noted that the use of flexible metal conduit to connect lighting fixtures In the facility was inconsIstent with the Board of Corrections Standards. This observation was made at a pOint when electrical rough-In was complete and the facility was projected to open within three months. In order to comply with the Standards at that pOInt, SIgnificant delays, considerable rework and Impact costs assocIated with the change would have resulted. In addition, correspondence between the DeSigner (DMJM) and the VirginIa Department of Corrections Indicated that modifications to thIs Standard had been approved In the past. Additionally, the Sheriff's Department does not consider liqUId-tight flexible metal conduit to be superior to flexible metal conduit In terms of abuse resistance or potential for Inmate misuse. . Public Information: Public Information will be handled through the normal agenda process · Recommendations: It IS requested that City Council ask for a Modification to the State Board of Corrections Standard to allow flexible metal conduit to connect lighting fixtures In lieu of liqUId-tight flexible metal conduit. . Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Department of Sheriff & Corrections City Manage~ lL.~6+'L. 1 AN ORDINANCE TO REQUEST A MODIFICATION 2 TO THE VIRGINIA BOARD OF CORRECTIONS 3 CONSTRUCTION STANDARDS FOR CIP # 3-441 4 "CORRECTIONS CENTER ADDITION III/BUILDING 5 MAINTENANCE & LANDSCAPE RELOCATION" 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA. 9 1 0 That the City Council hereby requests a modification to the State Board of 11 Corrections minimum standards for planning, design, construction and reimbursement 12 of local correctional facilities to allow flexible metal electrical conduit be used In lieu of 13 liqUid-tight flexible metal conduit for all lighting whips within the secure perimeter of the 14 Virginia Beach Correctional Center's new addition. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia on the 17 day of , 2008. Approved as to Content: Approved as to Legal SuffiCiency' 19 ~fl. Management Services ~~~ CA 10862 R-3 September 15, 2008 II I 4ili;"" ,rtt~~_...;, t5b (..0:. t r~' . 10'9.) ~i5f ' 'm ~.i~ ;.) ,\'l.> l/J '~:;'~"~':Y ~~.:-~.J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Grant for the Enforcement of Seat Belt Laws MEETING DATE: September 23, 2008 . Background: The Virginia Department of Motor Vehicles has been awarding grants to the Virginia Beach Police Department since the 1990s. The Seat Belt Enforcement grant will be active from October 1, 2008, through September 30, 2009 Officers will use the funding for overtime needed for enhanced enforcement of seat belt laws. This grant will also allow the purchase of speed detection devices and funding for three traffic officers to attend the Annual Conference on Transportation Safety . Considerations: The grant provides $51,570 of DMV funding and reqUires a $10,314 match, which will be funded through the Police Department's overtime budget. . Public Information: Public Information will be provided through the normal Council Agenda process. . Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Department L C"H ffi Am::) City Manager~ \L ~l!'I"'L 1 AN ORDINANCE TO ACCEPT A GRANT FOR THE 2 ENFORCEMENT OF SEAT BELT LAWS 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA. 5 1 That $51,570 IS hereby accepted from the Virginia Department of Motor 6 Vehicles and appropriated to the Police Department's FY 2008-09 Operating Budget 7 for enhanced enforcement of seat belt laws, with estimated revenues Increased 8 accordingly 9 10 2. That $10,314 IS hereby transferred within the Police Department's FY 2008- 11 09 Operating Budget for the required match. of Adopted by the Council of the City of Virginia Beach, Virginia on the 2008. day ReqUIres an affirmative vote by a majority of the members of City Council. Approved as to Content: Approved as to Legal SuffiCiency. 5)~~ Management Services ;:e~~ ~ City Attorney's Offic CA 10859 R-2 September 12,2008 ",I 4~"':'\ rt.~~;.y.t;, ra....I. ......:.-.l" t..;" . ~~! "5f ,- m ~;\"':: ;:J ("i~"",,' , I'/.i l.~.:,,~..~.)' ....:'.:...;~~-4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Grant for the Enforcement of DUI Laws MEETING DATE: September 23, 2008 . Background: The Virginia Department of Motor Vehicles has been awarding grants to the Virginia Beach Police Department since the 1990's. The DUI Enforcement grant will be active from October 1, 2008, through September 30, 2009 Officers will use the funding for overtime needed for enhanced DUI enforcement and education. The grant will also fund the purchase of speed detection deVices, breath test deVices, equipment rental for the DUI Conference, and allow three traffic officers to attend the National Highway Safety Conference. . Considerations: The grant provides $67,930 of DMV funding and reqUires a $13,586 match, which will be funded through the Police Department's overtime budget. . Public Information: Public Information will be provided through the normal Council Agenda process. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department L-e Ii ~ A-mT CityManage~ t.~~ 1 AN ORDINANCE TO ACCEPT A GRANT FOR THE 2 ENFORCEMENT OF DUI LAWS 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA. 5 1 That $67,930 IS hereby accepted from the Virginia Department of Motor 6 Vehicles and appropnated to the Police Department's FY 2008-09 Operating Budget 7 for enhanced enforcement of DUI laws, with estimated revenues Increased 8 accordingly 9 10 2. That $13,586 IS hereby transferred within the Police Department's FY 2008- 11 09 Operating Budget for the required match. of Adopted by the Council ofthe City of Virginia Beach, Virginia on the 2008. day ReqUires an affirmative vote by a majority of the members of City Council. Approved as to Content: Approved as to Legal SuffiCiency' jJ ;;;p ~d ~ City Attorney's Office CA 10860 R-2 September 12, 2008 ,.11 I ~ii~?:t.. rttI~~'{~~ lr- ~ "I> ..' \'~' fSJ ,.. 1~~ c;.l~ J;.' \:.... dJ .;:.~~..'::"..y ~..;~.~... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept State Funding for Children's Mental Health Services MEETING DATE: September 23, 2008 . Background: The State has approved $70,000 In Child and Adolescent Services Funds to fund one Mental Health clinical position to Increase the availability of specIalized mental health services for children. ThIs request was mentioned as one program receiving additional funding In the Agenda Request on the August 12, 2008 City Council Agenda. The position has already been approved; however, the funding amount was Inadvertently left off the ordinance. . Considerations: ThiS corrects the budget to accurately reflect the revenues and costs assocIated with providing additional servIces In the Child and Adolescent Services Program. . Public Information: The use of funds was endorsed by the CSB at its July 31st meeting, and public Information will be coordinated through the normal Council agenda process. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human ServIces City Manage~ )L · "'G3~ 1 AN ORDINANCE TO ACCEPT STATE FUNDING FOR 2 CHILDREN'S MENTAL HEALTH SERVICES 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA. 5 6 That $70,000 from the Virginia Department of Mental Health, Mental Retardation 7 and Substance Abuse Services IS hereby accepted and appropnated to the Department of 8 Human Services' FY 2008-09 Operating Budget to meet personnel and operating 9 requirements for new state regulations, with revenue from the commonwealth Increased 10 accordingly of Adopted by the Council of the City of Virginia Beach, Virginia on the 2008. day ReqUIres an affirmative vote by a majority of the members of City Council. Approved as to Content: Approved as to Legal SuffiCiency' B~Q- Management Services ~~l- City Attorney's Office CA10861 R-3 September 17, 2008 1.11 L. PLANNING 1. Applications for ConditIOnal Use PermIts: a. CENTERVILLE BINGO, INC. re a bingo hall at 1920 Centerville Turnpike. DISTRICT 1 - CENTERVILLE DEFERRED RECOMMENDA nON August 12 and September 9,2008 APPROVAL b. VIRGINIA BEACH INK re a tattoo studio at 612 Nevan Road. DISTRICT 5 - L YNNHA VEN DEFERRED RECOMMENDATION September 9, 2008 APPROV AL 1,1, 'I 3 VICE-MAYOR JONES: Second. MAYOR OBERNDORF: Seconded by Mr. Jones. for the quest1on? Are we ready CITY CLERK: Mr. D1ezel be1ng absent, the vote lS 10 to 0 to defer th1S appl1cat1on for one month. COUNCILMAN DYER: Thank you, Mr. R1chardson. JOHN RICHARDSON: Yes, sir. Thank you. (Whereupon, the d1Scuss1on of th1S matter was concl uded. ) 2 MAYOR OBERNDORF: Now, let's go back to Blngo, Incorporated. hall at 1920 Centervllle turnplke, Dlstrlct 1. the Centervllle It lS a blngo CITY CLERK: Your Honor, we have Mr. John Rlchardson representlng the Appllcant. You have ten mlnutes, Mr. Rlchardson. JOHN RICHARDSON: Thank you, ma'am. MAYOR OBERNDORF: Mr. Rlchardson? JOHN RICHARDSON: Madam Mayor, how are you tonlght? MAYOR OBERNDORF: I'm well. JOHN RICHARDSON: Members of Councll, I'm John Rlchardson. I'm a local attorney. Thls matter, I thlnk, should be deferred, request of Councll Members, for a couple of weeks so we can meet wlth the ClVlC Leagues. We haven't done that yet, and It makes some sense, I thlnk, Your Honor. COUNCILMAN DYER: Yes. Madam Mayor, we're convenlng a Town Hall Meetlng of some of the ClVlC Leagues In the Centervllle Dlstrlct for September 11th, whlch Councll wlll be lnvlted to, and there were some concerns by the Charlestowne Woods folks last year wlth some crlme lssues In the area. And we Just thought It mlght be a good ldea to brlng the cltlzens lnto the loop and maybe also have the Pollce there, because, once agaln, If thls appllcatlon goes through we want to make sure that we have adequate Pollce protectlon for the folks that would be gOlng there. So, we Just thought It would be In the best lnterests of all to have a slt-down wlth the communlty. JOHN RICHARDSON: Yes, Slr. MAYOR OBERNDORF: Do you want to make a motlon? COUNCILMAN DYER: Yes. month, If we can defer thls for one would that be acceptable, Mr. Rlchardson? JOHN RICHARDSON: Yes, Slr. COUNCILMAN DYER: Thank you. And we'll have the Town Hall Meetlng and take It from there. MAYOR OBERNDORF: Who seconded that? 'I 'I 1 VIRGINIA BEACH CITY COUNCIL August 12, 2008 7:35 p.m. FORMAL SESSION CENTERVILLE BINGO, INCORPORATED RE: APPLICATION FOR CONDITIONAL USE PERMIT VERBATIM CITY COUNCIL Meyera E. Oberndorf, Mayor Louls R. Jones, Vlce-Mayor Wllllam R. DeSteph Harry E. Dlezel Robert M. Dyer Barbara M. Henley Reba S. McClanan John E. Uhrln Ronald A. Vlllanueva Rosemary Wllson James L. Wood At-Large Bayslde - Dlstrlct 4 At-Large Kempsvllle - Dlstrlct 2 Centervllle - Dlstrlct 1 Prlncess Anne - Dlstrlct 7 Rose Hall - Dlstrlct 3 Beach - Dlstrlct 6 At-Large At-Large Lynnhaven - Dlstrlct 5 CITY MANAGER: CITY ATTORNEY: CITY CLERK: James K. Spore Leslle L. Lllley Ruth Hodges Fraser, MMC DEPUTY CITY CLERK SARAH DEAL JENKINS, CMC - 46- Item V-K 3.d. PLANNING ITEM 579I1 Attorney John Richardson, represented the applicant and requested DEFERRAL to allow meeting with the affected CivIc Leagues concerning the application Upon motion by Councilman Dyer, seconded by Vice Mayor Jones, City Council DEFERRED thirty (30) days until the City Council Session of September 9,2008, Ordinance upon application ofCENTERVILLE BINGO, INC. for a Conditional Use Permit for a bingo hall. ORDINANCE UPON APPLICATION OF CENTERVILLE BINGO, INC. FOR A CONDITIONAL USE PERMIT FOR AN ASSEMBLY USE (BINGO HALL) Ordinance upon application of CENTER VILLE BINGO, INC. for a Conditional Use Permit for an assembly use (bingo hall) on property located at 1920 Centerville Turnpike, Umt 114A (GPIN 1455914345). DISTRICT 1- CENTERVILLE Councilman Dyer advised a Town Hall Meeting IS being convened with CiVIC Leagues In the Centerville District to hear Citizen concerns, thus the request to Defer The Police will be In attendance to assure adequate protection. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor LoUIS R Jones, Reba S. McClanan, Mayor Meyera E. Oberndoif, John E. Uhrm, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay' None Council Members Absent: Harry E. Dlezel August 12, 2008 I I I - 32 - Item V-K.2.a. ITEM 58020 PLANNING Upon motIOn by Vice Mayor Jones. seconded by Council Lady Wilson, City Council DEFERRED TO September 23,2008, Ordinance upon application of CENTERVILLE BINGO, INC., re a bmgo hall at 1920 Centerville Turnpike: ORDINANCE UPON APPLICATION OF CENTERVILLE BINGO, INC. FOR A CONDITIONAL USE PERMIT FOR AN ASSEMBL Y USE (BINGO HALL) Ordinance upon applicatIOn of CENTER VILLE BINGO, INC for a ConditIOnal Use Permit for an assembly use (bmgo hall) on property located at 1920 Centerville Turnpike, Una 114A (GP1N 1455914345). DISTRICT 1 - CENTERVILLE V otmg: 10-0 (By Consent) . Council Members Voting Aye: William R. "Bill" DeSteph. Harry E. Dlezel, Barbara M Henley. Vice Mayor LoUIs R. Jones, Reba S. McClanan. Mayor Meyera E. Oberndorj John E. Uhrm, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Votmg NaY' None Council Members Absent: Robert M Dyer September 9, 2008 CENTERVILLE BINGO Map B C-IO-ll C .ll B · 1 Map Not ~o SCl\le entervl e ln1!O, ne. \'t\)~~ -2~U~~~~ -2~ \(;) C\ '\ ~ /0. :;; '" ~'\. # S; 2 'Jj~ "'- ~ A[~4 1~\\1,\ ~ '~~.~ ~ ~'" ~ ~ .. /)~ ~~~. _,/ ~ Ie ~ \ n~ '1?i ~ /- -1-. ~ '- /1 J- "'''v ~"" ~ I~ ~ ~ ' ." ;0 '"X' ~ -0 '/J{.. q ~. /.i. ~ ~ ~ ;;;E ~ \'l- ~<fi)~rif' ~ ".cj"c::: n" L;1 ~ ~ v// q~ ")"N' rr .l... ~ ~,,\~<P ~ 7/~ ~~o - ~'loll.~ V ~ )l b '/ 'L/ - ".Z ~~~~" ~J":I ~ ~"Oc~~\~ rN: ~ 'S) ',~. "N · oii r/ ~ · ~...-<l!2 ."..-, ~ \ ~~ . .-. -- I ~~~.1 l/ / _ - .(3)~~~ -2 \\ ~ ~ ~~ ioU .~' ~~~ ~V.l7.{I""', ~~ ~. ~ ~ .~-/~/n " e t9 ~ J ,..~~, ~ ~~...... .\. ~ .,...~ ~ . ~~ ~9f;>~~'~ \\~ ,~J-~[1J 80_~~~1"~~ CUI' - ;\,semhly Use (Bingo Hal/) Relevant Information: · Centerville District · The applicant requests a Conditional Use Permit to allow use of a currently vacant unit in this shopping center for an assembly use (bingo hall). · The applicant proposes to operate the facility two (2) days a week, Saturday and Sunday. · Adequate parking exists. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0) · There was no opposition. Consent agenda item. "I 'I ITEM: CENTERVILLE BINGO, INC. for a Conditional Use Permit for an assembly use (bingo hall) on property located at 1920 Centerville Turnpike, Unit 114A (GPIN 1455914345). DISTRICT 1- CENTERVILLE MEETING DATE: September 23, 2008 . Background: The applicant requests a Conditional Use Permit to allow use of a currently vacant 12,000 square foot unit in a 157,159 square foot shopping center for an assembly use (bingo hall). The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. This application was deferred by the City Council on August 12 and September 9. . Considerations: The applicant proposes to operate the facility two (2) days a week, Saturday and Sunday, as permitted under Virginia regulations. The applicant anticipates 200 to 300 players at the facility. There will be two (2) employees on site dunng operating hours. The two bingo operations closest to this proposal are located on Columbus Street, approximately eight miles away, and In Chesapeake, approximately five miles away. The applicant does not anticipate any conflicts with those facilities. There are 730 parking spaces. The proposed use and eXisting uses reqUire 763 parking spaces; thus, there is a deficiency of 33 parking spaces. Staff visits to the site, however, Indicate that there are sufficient parking spaces available throughout the day to support all of the uses in this center. Section 221(i) of the City Zoning Ordinance allows the City Council to consider and approve a Conditional Use Permit with deficiencies such as parking below the minimum if it is determined that the deficiencies are offset by the proposal itself or by attached conditions that ensure the proposal IS compatible to the surrounding area. It is staff's conclUSion that the parking deficiency will not have any Impact beyond that which currently exists on the site. Centerville Bingo, Inc. Page 2 of 2 The Planning Commission placed this item on the consent agenda because proposed use is compatible to the others in the shopping center, the facility's Impact IS minimized by beang operated only two days a week, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve thiS request with the following conditions: 1. The applicant shall obtain all necessary building permits, anspections, and a certificate of occupancy from the Building Official of the City of Virginia Beach before a business license is issued. 2. The days of operation are Saturday and Sunday only. . Attachments: Staff Review Disclosure Statement Planmng CommiSSion Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DeparbnentlAgency: PI,n~lng Department City Manager: \L. ~~ 'I 'I Staff Planner' Faith Chnstie CENTERVILLE BINGO, INC Agenda Item 21 July 9, 2008 Public Hearing REQUEST: Conditional Use Permit for an assembly use (bingo hall) ADDRESS I DESCRIPTION: 1920 Centerville Turnpike, Unit 114A GPIN: 14559143450000 COUNCIL ELECTION DISTRICT: 1 - CENTERVILLE SITE SIZE: SITE: 15.407 ACRES UNIT 12,000 SQUARE FEET APPLICATION HISTORY: The application was deferred at the June 11, 2008 Planning Commission meeting because the signs were not posted on the site. The applicant requests a Conditional Use Permit to allow use of a currently vacant unit In this shopping center for an assembly use (bingo hall). The applicant proposes to operate the facility two (2) days a week, Saturday and Sunday, as permitted under Virginia regulations. The applicant anticipates 200 to 300 players at the facility. There will be two (2) employees on site dunng operating hours. The two bingo operations closest to this proposal are located on Columbus Street, approximately eight miles away, and In Chesapeake, approximately five miles away. The applicant does not antiCipate any conflicts with those facilities. SUMMARY OF REQUEST The submitted physical survey depicts a shopping center of 157,159 square feet and 730 parking spaces. The proposed use and eXisting uses reqUire 763 parking spaces, thus there IS a defiCiency of 33 parking spaces. Staff Visits to the site, however, Indicate that there are suffiCient parking spaces available throughout the day to support all of the uses. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Shopping center CENTERVILLE BINGO, INC. Agenda Item 21 Page 1 SURROUNDING LAND USE AND ZONING: North: South: East: West: · Retail shops / B-2 Community Business District · Single-family dwellings / R-7.5 Residential District · Single-family dwellings / R-7.5 Residential District · Centerville Turnpike · Retail commercial / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site IS Impervious, as it IS developed with a shopping center and parkmg lots. There do not appear to be any significant environmental or cultural features on the site. AICUZ: The site IS In an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Centerville Turnpike In front of the shopping center IS a four-lane divided minor suburban arterial. The Master Transportation Plan (MTP) proposes a 145-foot nght-of-way with a bikeway. A Capital Improvement Program (CIP) project IS slated for the construction of a four-lane diVided highway with a bikeway and scenic buffer from Kempsville Road to the Chesapeake city line. The project IS requested but not funded. Kempsville Road IS a four-lane diVided minor urban artenal. The MTP proposes a 150-foot right-of-way with a bikeway. There are no CIP projects scheduled for thiS nght-of-way. The overall daily traffic generated for the entire shoppmg center IS anticipated to decrease slightly due to the proposed use. Greater peak hour traffic, however, may result, depending upon the days and start times for the bingo operation. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Centerville 18,379 ADT 12,500 ADT' EXisting Land Use"'- Turnpike 6,748 ADT Proposed land Use 3 - Kempsville Road 36,037 ADT 1 32,700 ADT 1 6,667 ADT (91 AM peak; 336 PM peak) Average Dally Tnps 2 as defined by a shopping center 3 as defined by a shopping center with a bingo hall WATER and SEWER: The site IS connected to City water and sewer SCHOOLS: School populations are not affected by the request. CENTERVILLE BINGO, INC. Agenda Item 21 Page 2 ,,!, 'I EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located In this area. The proposal IS In conformance with the Comprehensive Plan's recommendations for this area and IS compatible with the adjacent residential neighborhood as well as the business areas. Evaluation: The request for a Conditional Use Permit for an assembly use (bingo hall) IS acceptable. While the site will be slightly deficient In parking, the proposed use will only operate two days of the week, and the majority of eXisting uses tend to be daytime users. Section 221 (i) of the City ZOning Ordinance allows the City Council to conSider and approve a Conditional Use Permit with deficiencies such as parking below the minimum if it IS determined that the deficienCies are offset by the proposal itself or by attached conditions that ensure the proposal IS compatible to the surrounding area. It IS staff's conclusion that the parking deficiency will not have any Impact beyond that which eXists on the site. The use, therefore, IS compatible with eXisting uses In the center Staff recommends approval of the request subject to the conditions listed below. CONDITIONS 1 The applicant shall obtain all necessary building permits, Inspections, and a certificate of occupancy from the Building OffiCial of the City of Virginia Beach before a business license IS Issued. 2. The days of operation are Saturday and Sunday only. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CENTERVILLE BINGO, INC. Agenda Item 21 Page 3 ( .J lJ ,os ) (J'iOlJ 3001l! Q10 f ~ 1l< .~ "" \ 1l< ~ ~ 5 '" 'F B - \!~ it ...t: I ,- " ,," / ~ ( ri !~ \t '1\: ~ ~ t<i "b ~.- t:. " ,. \ \ \ t ~ t:l..~ !.i "it 1.~ .... " ~~.... ,?~ 4.~~ . I)<P \.. ~~ -t"'.... .l' ~<J PROPOSED s,,.E pLAN CEN1ER\JILLE BINGO, INC. Agenda \teIll 21 pagel t . PROPOSEO BUI\.OING E\.E'J ,,"{ION CE.N1E.R\I\LLE. BINGO, \NC p.,genda \tern 2 page Map B,C-IO-ll Ce t ell B e l Mop Not to Scole n ervt e tn~o, ne. ~\)~~~~2~ .p~~ Q' v...,l~T 'J ~ -2 I.~~~ ~ ~ j ~1. ~01,..v ~;,lii B 9~ ~,>/~ =- ~~ ;'>~ ~ ...J 7) 1/,'-9 .~ ' ~ ~ ~ 4 U '/ / oj 'l~~~ ~ ~ ~ ~ ~ ~Jl.. ~'Y~Z:::: ~ ~ "f-u ~~~~1 ~~iw-~ " ~"~'- ~.~ ~ ~ ~~~y~ ,,'/. :11- ~~ (J)..., ,", ~ ~ '11 fa;.,y V 'to!! ~,\-:., ~: N . ""~~ ~ ~~ ~ ,\ ~B-~ <# =.-;.~, "i) ,~ """1liI - I l "'" ~ ,"-1 - T ~ y:~'~~~'~ -2 ~ ~. '"\1 . .~~ t &e. \Y ~~'r.~ l\I\~, ~ :iq~~~<Jt. CUP - A,semhly Use (Bingo Hal/) 1 3/25/08 Conditional Use Permit (Vocational school) Approved 2. 12/9/03 Rezoning (R-5D Residential to Conditional B-2 Approved BUSiness) and Conditional Use Permit (Mim- warehouses) 3. 5/8/07 Modification of Conditional Use Permit (Fuel sales Approved and carwash) 4 7/1/03 Rezoning (B-2 BUSiness to Conditional A-24 Approved Apartment) 5. 1/12/99 Conditional Use Permit (Fuel sales) Approved ZONING HISTORY CENTERVILLE BINGO, INC. Agenda Item 21 Page 6 r " DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant IS a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 List the applicant name followed by the names of all officers, members, trustees, partners. etc. below: (Attach list if necessary) \/ Centerv I lie f.:sinjOI ""Ulc.. r..l1ti( les yanlels J sole.. o(('JUf, ot;rec-tvr and ~lde( 2. List all businesses that have a parent-subsidiary' or affiliated business entiti relationship with the applicant: (Attach list if l1ecessalY) V~ i- B of Vir3,nJtiI 'Bear.J., ::L1c.. 'VAr \lry 1=3~I~OI Ttlc-. o 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) / vescI LLC , (v1arjL , Garc.;a I sole- {l1e/lI ber 2. List all bUSinesses that have a parent-subsidiary' or affiliated bUSiness entity2 relationship with the applicant: (Attach list if necessary) o Check here if the property owner IS NOT a corporation, partnership, firm, bUSiness, or other unincorporated organization. 1 'J , & . 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? CondItional Use Permit Application Page 9 01'0 ReVised 7'3:2007 "I 'I z o I I ~ C-' I I I , ~ ~ f-4 ~ ~ ~ ~ CI':J ;:::::> ~ o I I f-4 I I Q Z o C-' CENTERVILLE BINGO, INC. Agenda Item 21 Page 7 z o I I !< u I I ......:1 ~ ~ f--4 ~ ~ ~ ~ CI:} ;::::J ~ o I I f--4 I I ~ Z o u " ,"' 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 ~ervlces: (Attach list if necessary) '<JDM 'N. 'Kld1t!rdsofl; I~I 7e('v'iu~ V(V1I~ ~ blobAI eta I b:1ttde. reAl ~ate 5er"'U!.:> , , 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 9 2.2-3101 ~ "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 (ill) 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 entitles." See State and Local Government Conflict of Interests Act, Va. Code S 22-3101 CERTIFICATION: I certify thai 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 pubhc 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 ~ 'lie '8it~ = ! (~Idett~ Print Name Print Name Conditional Use Perllllt ApphcatlC'11 Page 10 ot 10 ""Vised ;'J 2007 CENTERVILLE BINGO, INC. Agenda Item 21 Page 8 ;,11 II Item #21 Centerville Bmgo, Inc. ConditIOnal Use PermIt 1920 Centerville Turnpike, Umt 114A DIstnct 1 Centerville July 9, 2008 CONSENT Joseph Strange: The next Item IS agenda Item 21, an applicatIOn of Centerville Bmgo, Inc. for a ConditIOnal Use PermIt for an assembly use (bmgo hall) on property located at 1920 Centerville Turnpike, Umt 114A, Dlstnct 1, Centerville, wIth one conditIon. Jamce Anderson: Welcome Mr. Richardson. John Richardson: Madame ChaIrman, John Richardson. How are you? Jamce Anderson: Good. John Richardson: There needs to be an additIOnal conditIOn I'm told by the staff to our applicatIOn. The one conditIOn IS acceptable, but the Planmng Department wants us to proffer the hours of operatIon. We are gomg to operate thIS building on Saturday and Sunday of each week, so that IS an additIOnal conditIon, that I believe we are reqUIred to offer today Weare happy to do that. Jamce Anderson: Because when you put the applicatlon m those two days had not been decIded yet. John Richardson: No ma'am. They are still a bIt up In the aIr, but we will have to come back and modify that. My client IS III a locatIOn now, whIch may be temporary or It may not. He has been there for several years. We had a fire and the property has been modified. So he IS able to contmue to operate, but we're negotlatmg WIth the landlord. If he has to close the locatIOn, he will operate Saturday and Sundays at thIS locatlon. Ifhe IS able to mamtam, he will have come back and ask you to permIt to operate two other days of the week. Jamce Anderson: Saturday John Richardson: Yes ma'am. Joseph Strange: Is there any opposltlon to thIS matter bemg placed on the consent agenda WIth two conditIOns? If not, the ChaIrman has asked Barry KnIght to reVIew thIS Item. Barry KnIght: ThIS agenda Item 21, Centerville BIngo, Inc. The applicant requests a ConditIonal Use PermIt to allow use of a currently vacant umt m thIS shoppmg center for a bmgo hall. The applicant proposes to operate the facility two days a week as permItted under VirgmIa regulatIons. And conditlon 2, as Mr. Richardson has Just stated, those days are gomg to be Saturday and Sunday The applicant antIcIpates 200 to 300 players Item #21 Centerville BIngo, Inc. Page 2 at the facility There will be two employees on sIte dUrIng operatIOn hours. The submItted physIcal survey depIcts a shoppmg of 150,000 square feet 730 parkmg spaces. The proposed use and eXIstIng uses mdicate 763 parkmg spaces, so there IS a defiCIency of33 parkmg spaces. The staffs VISIt to the SIte mdicated that thIs shouldn't be a problem. It seems like thIS shoppIng center has been challenged of late, so there are plenty of parkIng spaces. We thmk thIS an acceptable use and we haven't heard of any concerns, so we have slated It for the consent agenda. Joseph Strange: Thank you Barry Madame ChaIrman, I have a motIon to approve agenda Item 21. Jamce Anderson: A motion by Joe Strange and a second by Kathy KatsIas. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved Item 21 for consent. Jamce Anderson: Thank you. Thank you all for commg today LAW OFFICE OF GARY C. BYLER, p.e. Gary C. Byler. EsqUire Sandra L. Sampson, EsqUire _" C' - ] ) - ,; ~J '\ ; - September 5, 2008 VIA FACSIMILE (757) 385-5669 &U.S.MAIL Ruth Hodges Fraser, Clerk Virginia Beach City Council Municipal Center, Building # 1 2401 Courthouse Drive, Suite 234 Virginia Beach, V A 23456 RE: Virginia Beach Ink (GPIN 2407885484) Dear Ms. Fraser: I have been contacted by a small business owner in the Hilltop area of Virginia Beach WIth a question regarding the applicatIOn of Virginia Beach Ink located at 612 Nevan Road in Virgima Beach. They have requested a thirty (30) day delay In council action so they may learn more about the application. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact my office. Sincerely, 4.~ Gary C. Byler, EsqUlre GCB:jae Reph to Virginia Beach Office 505 S. INDEPENDENCE BOULEVARD. SUITE 201 . VIRGINIA BEACH. VIRGINIA 23452 . (757) 490-8094. FACSIMILE (757) 490-0414 CAPE CHARLES. VIRGINIA. (757) 331-4400 TOLL FREE (800) 566-0276 ganbvler@cavtel,net II sms, nOURDON, AIImN & lM, P.C. ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFFICE PARK - BUILDING ONE 281 INDEPENDENCE BOULEVARD FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462-2989 September 8, 2008 JON M. AHERN R. EDWARD BOURDON. JR. JAMES T. CROMWELL L. STEVeN EMMERT JACQUELINE A. FINK DAVID S. HOLLAND KATEY KORSLUND KIRK B. LEVY O. JACKSON MOORE, JR. JENNIFER D. ORAM.SMITH HOWARD R. SYKES, JR. TELEPHONE: 757-499-8971 FACSIMILE: 757-456-5445 Gary C. Byler, Esquire Law Office of Gary Byler, P .C. 505 S. Independence Blvd. Suite 201 Virginia Beach, Virginia 23452-1150 .. ., Re: Applicatlon of Virginia Beach Ink for Conditional Use Permit for Tattoo Salon at 612 Nevan Road, Virginia Beach, VirgInia; City Council public hearing date: September 9, 2008 Dear Mr. Byler: I am writing to acknowledge that you have requested that City Council defer the above referenced application which was scheduled for public hearing and vote tomorrow evening (September 9, 2008). I want to make- certain that whomever your client is that they are aware that I am more than willing to sit down and discuss with them any concerns they may have with respect to the proposed land use within the existing strip center at 612 Nevan Road. In addition, the property's landlord, Mr. Mark Gilbert is more than willing to join me in meeting with your client, to discuss his or her concerns. We have consented to a two (2) week deferral to the September 23, 2008 City Council agenda for the purpose of making a reasonable effort to meet with your client and resolve any concerns he or she may have. I look forward to having the opportunity to answer any questions and discuss any issues that you and/or your client may have with respect to this land use proposal. With kind regards, I am REBjr/arbm cc: Ben Johnson Karen Prochilo, Department of Planning Councilman James 1.. Wood Mayor Meyera E. Obemdorf Vice Mayor Loms R. Jones Councilman Bob Dyer Councilwoman Reba S. McCIanan Councilwoman Rosemary Wilson Councilman Ron Villanueva Councilman John E. Uhnn Councilwoman Barbara M. Henley Councilman Bill R. DeSteph Councilman Harry E. Diezel ConditionalUsePermitjVBInk/Byler_LtI'9.o8.08 "II 'I - 35 - Item V-K.2.c ITEM 58022 PLANNING Upon motron by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED to September 23, 2008, Ordinance upon application of VIRGINIA BEACH INK for a ConditIOnal Use Permit re a tattoo studio. ORDINANCE UPON APPLICATION OF VIRGINIA BEACH INK. CONDITIONAL USE PERMIT (TATTOO STUDIO). 612 NEVAN ROAD, LYNNHA VEN DISTRICT Ordinance upon application of VIRGINIA BEACH INK. for a Conditional Use Permzt (tattoo studio), 612 Nevan Road, (GPIN: 24078854840000). LYNNHAVEN DISTRICT. Votmg: lO-O (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Dzezel, Barbara M Henley, Vice Mayor LoUIs R. Jones, Reba S. McClanan. Mayor Meyera E. Oberndorf. John E. Uhrm. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay' None Council Members Absent: Robert M Dyer September 9, 2008 VIRGINIA BEACH INK Relevant Information: · Lynnhaven District . The applicant requests a Conditional Use Permit to establish a tattoo studio in a lease space of 1,200 square feet. . The operation will consist of a store manager, two sales associates, and up to six tattoo artists. . The hours of operation will be 10:00 a.m. to 10:00 p.m., Monday through Saturday, and from 12:00 p.m. (noon) to 8:00 p.m., on Sunday Evaluation and Recommendation: · Planning Staff recommended approval . Planning Commission recommends approval (10-0). · Consent Agenda. · No opposition. I,ll II ~~~~.~ M .>, '0S:- "j] % *..~ ~~j{I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH INK, Conditional Use Permit (tattoo studio), 612 Nevan Road, L YNNHAVEN DISTRICT. MEETING DATE: September 23, 2008 . Background: The applicant requests a Conditional Use Permit to establish a tattoo studio In a lease space of 1,200 square feet on the proposed site. The operation will consist of a store manager, two sales associates, and up to six tattoo artists. The hours of operation will be 10:00 a.m. to 10:00 p.m., Monday through Saturday, and from 12:00 p.m. (noon) to 8:00 p.m., on Sunday. The City Council deferred this item on September 9. . Considerations: This proposal will be centrally located in a small strip center between a land surveying business and hair salon. A nail salon occupies one end and a dry cleaning business occupies the opposite end of the center. This request IS In conformance with the City's Comprehensive Plan recommendations for the area. The owner is required to comply with all Health Department regulations before a business license can be obtained. The Planning Commission placed this item on the consent agenda because the use IS compatible with the surrounding land uses and there was no opposition to the proposal. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the follOWing conditions: 1. The conditional use permit for tattoo establishment IS approved for a period of one year with an administrative review every year thereafter. 2. A business license shall not be ISSUed to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. VIRGINIA BEACH INK Page 2 of 2 3. No sign more than four (4) square feet of the entire glass area of the extenor wall(s) shall be permitted on the windows. There shall be no other signs, Including neon signs or neon accents, installed on any wall area of the exterior of the building, windows, and lor doors. 4. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. 5. The hours of operation shall be 10:00 a.m. to 10:00 p.m., Monday through Saturday, and from 12:00 p.m. to 8:00 p.m., on Sunday. . Attachments: Staff ReView Disclosure Statement Planning CommisSion Minutes Location Map Recommended Action: Staff recommends approval. Planning CommiSSion recommends approval. Submitting Department/Agency: Planning Department City Manage . k ~lS0I. VIRGINIA BEACH INK Agenda Item 22 August 13, 2008 Public Heanng Staff Planner' Karen Prochilo REQUEST: Conditional Use Permit for tattoo studio, I,ll 'I ADDRESS I DESCRIPTION: Property located at 612 Nevan Road. GPIN: 24078854840000 COUNCIL ELECTION DISTRICT. 5-LYNNHAVEN SITE SIZE: Site: 1,163 acres Lease Area: 1,200 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to establish a tattoo studio In a lease space of 1,200 square feet on the proposed site. The operation will consist of a store manager, two sales associates, and up to SIX tattoo artists. The hours of operation will be 10:00 a.m. to 10:00 p,m., Monday through Saturday, and from 12:00 p.m. (noon) to 8:00 p.m., on Sunday. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Commercially developed site SURROUNDING LAND USE AND ZONING: North: South: East: West: . Retail! B-2 Community Business Distnct . Across Industrial Park Avenue IS retail! B-2 Community Business District . Vacant property and office-warehouse! B-2 Community Business District . Across Nevan Road IS a bank! B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site IS Impervious, as it IS developed with a structure and parking lot. There are no significant natural resources or cultural features associated with thiS site. VIRGINIA BEACH INK Agenda Item 22 Page 1 AICUZ: The site IS In the Greater than 75 dB Ldn AICUZ surrounding NAS Oceana. The proposed use IS compatible with this AICUZ. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Laskin Road In the VIcinity of this site IS a four-lane divided major arterial. Laskin Road has a variable Width right-of -way, and the Master Transportation Plan shows a divided roadway with a bikeway and an ultimate right-of-way Width of 160 feet. First Colomal Road In the VIcinity of this site IS a four-lane divided major arterial. First Colomal Road has a variable Width right-of-way, and the Master Transportation Plan shows a divided roadway with a bikeway and an ultimate right-of-way Width of 100 feet. There are currently no Capital Improvement Program projects scheduled for these segments of Laskin Road and First ColOnial Road. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Nevan Road / EXisting Land Use .t._ Three-lane local No traffic counts available for Nevan Road. 640 ADT collector Proposed Land Use 3 - Laskin Road 30,970 ADT' 17,300 ADT 1900 Peak 421 ADT 1,357 PM Hour (Level of Service "C") Peak Hour 27,300 ADT 1 1430 Peak Hour (Level of Service "Dn) - Capacity 31,700 ADT 11650 Peak Hour (Level of Service "En) First ColOnial 43,269 ADT 17,300 ADT 1 900 Peak Road 1,654 PM Hour (Level of Service "cn) Peak Hour 27,300 ADT 1 1430 Peak Hour (Level of Service "D") - Capacity 31,700 ADT 1 1650 Peak Hour (Level of Service "En) Average Dally Tnps 2 as defined by 1.163 acres zoned B-2 3 as defined by 11 Peak Hour entenng based on 9,500 square feet retail center (includes proposed 1,200 square feet tattoo studio) WATER and SEWER: This site IS connected to City water and sewer FIRE DEPARTMENT: No Fire Department comments at this time. POLICE: No additional comments at this time. HEALTH DEPARTMENT: The owner of the proposed tattoo studio must secure a permit from the Health Department prior to beginning operation. VIRGINIA BEACH INK Agenda Item 22 Page 2 I,ll 'I EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of thiS request with the conditions below. Comprehensive Plan: The Comprehensive Plan Map designates thiS area of the city as Strategic Growth Area 7 - Hilltop/North Oceana Area. The Comprehensive Plan Identifies the First Colonial Road corndor from 1-264 to Hilltop and Laskin Road through the Hilltop area as an area that IS considerably undeveloped. The plan recommends non-residential uses because of the Influence of AICUZ high nOise In thiS area. Special attention should be paid to quality site and building design, Including signs, to Increase the overall attractiveness of thiS area. Evaluation: ThiS proposal will be centrally located In a small strip center between a land surveYing business and hair salon. A nail salon occupies one end and a dry cleaning business occupies the opposite end of the center ThiS request IS In conformance with the City's Comprehensive Plan recommendations for the area. The owner IS required to comply with all Health Department regulations before a business license can be obtained. CONDITIONS 1 The conditional use permit for tattoo establishment IS approved for a period of one year with an administrative review every year thereafter 2. A business license shall not be Issued to the applicant without the approval of the Health Department for consistency with the prOVIsions of Chapter 23 of the City Code. 3. No Sign more than four (4) square feet of the entire glass area of the exterior wall(s) shall be permitted on the Windows. There shall be no other signs, Including neon signs or neon accents, Installed on any wall area of the exterior of the building, Windows, and / or doors. 4. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. 5. The hours of operation shall be 10:00 a.m, to 10:00 p.m., Monday through Saturday, and from 12:00 p.m. to 8:00 p.m., on Sunday. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. VIRGINIA BEACH INK Agenda Item 22 Page 3 ,,$. ,"~';'> . t $0.'';' <11\ r . . .,~ '.f"--;- AERIAL OF SITE LOCATION VIRGINIA BEACH INK Agenda Item 22 Page 4 I C) ':::1' - ----.. . ~,.l. - -~-- -1 I I I 3(lr\J3/~ t' " ,6 ..~.' - rJ, "on ,~'? .:-.& -.:::;-T .~ 'c. ':~, .;~ '. :- '" T = -;;;-1 I "-I 1 I I .,' 0 I o ~ 05 I t ~ " "; " 0, " I I ! .' ,- j ....... .0- I i ,:1 I '., <\ I, ~. , ~ - ., ) I I I I I I I I I .: '''_'_ -.--__~_2_____" -I - .-...,....-- . - -_ J.,_ 1 tt I ~JL s'ne] (\1/ I ~~----=-~_.- - I I .. I I I , .' .-- -. ~- / , ; ! I .., - - -- I I I -'- - .-- i - . ()", I I . --" I I I ~ I I. I ~ - J " .. ---- Lu ; t. ') I _.---. ~r-l - . I - - -- - l:_1 ~ I ....- ~- - j ! I I. I I I I I ~ -~~~~- i -~-':::'.~'-.'":".-....~~ ':::"--= '"=.--' t _.=:~~~~:~~':~;~,;;;;C;~~,,'~;}'~'~' q~ ,II 'I o CO Cj <:1: o Q~ 2: ~ ~-" LiJ "/ .c:",_ PROPOSED SITE PLAN VIRGINIA BEACH INK Agenda Item 22 Page 5 ii' "', , , ~ . ,~ , PHOTOGRAPHS OF EXISTING SITE VIRGINIA BEACH INK Agenda Item 22 Page 6 II 'I 1 05/11/04 SubdivIsion Vanance Granted 08/27/02 Conditional Use Permit ( car wash) Granted 06/19/78 Conditional Use Permit' fuel sales) Granted 2 12/07/99 Enlargement of a Non-conformlnQ use Denied 3 02/23/99 Conditional Rezoning R-10 to B-2 Granted 4 10/24/95 Conditional Use Permit church) Granted 5 10/13/92 Conditional Use Permit (eating & Granted dnnklng establishment and commercial recreation) 6 03/12/90 Modification of Conditions Granted 08/22/88 Conditional Use Permit (auto repair) Granted ZONING HISTORY VIRGINIA BEACH INK Agenda Item 22 Page 7 II DISCLOSURE STATEMENT II APPLICANT DISCLOSURE If the applicant IS a corporation, partnership, firm, business, or other unincorporated organization, complete the followmg: 1 List the applicant name followed by the names of all officers. members. trustees. partners, etc. below: (Attach list if necessary) 1.lIZf;/,J/t? 6'tH ell INk J t: t-tJJ,J.,^" ,,,' j',;/,v,;r,j ,!-'/',:'Ec't',.-,y !{Ait5 2. List all busmesses that have a parent-subsldiari or affiliated business entity2 relationshIp with the applicant: (Attach list if necessary) Ie/Ill I ~ I A o 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) --~ j\\-t K '~("a~~-h~. LtD ffi P\R\:.. G\ \ be,,1'- DLt>v So / DO 10 2. LIst all businesses that have a parent-subsidiary 1 or affiliated business entitl relationship with the applicant: (Attach list if necessary) o Check here if the property owner IS NOT a corporation. partnership, firm. busmess, or other unincorporated organization 1 & 2 See next page for footnotes Does an offiCial or emBloyee of the City of Virginia Beach have an mterest In the subject land? Yes..L No _ (~e h? lCLU J If yes, what IS the name of the offiCIal or employee and the nature of their Interest? .-, j / I ~_ ...-: ')f::Njp,y"y ();tAJ>"y, L"I/.'i.:C;",/'f HtJyt 5 1i1;'INf'f'j ,J 1,('_,rJ!:-(~, Conditional Use Permrt Application Page 9 of 10 Revised 7/3/2007 z o I I ~ U I I ~ ~ ~ f--t ~ ~ ~ ~ ~ ;:::J ~ o I f f--t I f ~ Z o c :) VIRGINIA BEACI-IINK Agenda Item 22 Page 8 z <=> I I !< C-:) I I . , ~ ~ f--t ~ ~ ~ ~ ~ p ~ <=> I I f--t I I ~ Z <=> C-:) ,II 'I 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 relationshl p" 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 92.2-3101. 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 mclude that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the bUSiness entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular baSIS; or there IS otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code ~ 2.2-3101 CERTIFICATION: I certify that the Information contained herein IS true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public heanng, 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 PhotOQih and view the site for purposes of processln~ and evaluating thiS application C:~eqJr!:1 L /fa '1-"'" r )( p"oo"',S.. ~~ ~~ G, \b<><-~ Property Owner's Signature (if different than applicant) Print Name Conditional Use Permrt Applica\lon Page 10 of 10 ReVised 7/312007 DISCLOSURE STATEMENT VIRGINIA BEACH INK Agenda Item 22 Page 9 Item #22 Virg10Ia Beach Ink ConditIOnal Use PermIt 612 Nevan Road DIstnct 5 L ynnhaven August 13,2008 CONSENT Joseph Strange: The next matter IS agenda Item 22. ThIs IS an applicatIon ofVirg1OIa Beach Ink for a ConditIonal Use PermIt for a tattoo studio on property located at 612 Nevan Road, DIstnct 5, Lynnhaven, wIth five conditIOns. Eddie Bourdon: Thank you Madam ChaIr, Vice ChaIr and members ofthe COImmsslOn. For the record, I'm Eddie Bourdon, a Virg10Ia Beach attorney represent10g the applicant. All of the conditIOns as recommended by your professIOnal are acceptable to the applicatIon. We appreCIate beIng placed on the consent agenda. Joseph Strange: Is there any opposItIon to thIS matter be10g placed on the consent agenda? If not, the Chalf has asked Kathy KatsIas to reVIew thIS Item. Kathy Katslas: Virglma Beach Ink IS requestIng a ConditIOnal Use PermIt for a tattoo studio located at 612 Nevan Road. The applicant will be leas10g 1200 square feet 10 the small stnp center between a land surveymg bUSIness and a haIr salon. The request IS 10 conformance WIth the City's ComprehensIve Plan recommendatIOn for the area. The owner IS reqUIred to comply WIth Health Department RegulatIOns before a bus10ess license can be obta1Oed. Our staff recommends approval; so, therefore we concur WIth staff and placed It on the consent agenda. Joseph Strange: Thank you Kathy. Madam Chairman, I will make a motIon to approve agenda Item 22. JanIce Anderson: A motIon by Joe Strange. Barry KnIght: I'll second It. J amce Anderson: A second by Barry KnIght. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE HORSLEY AYE ABSENT 1 ABSENT "I 'I Item #22 VirgInia Beach Ink Page 2 KA TSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved Item 22 for consent. J amce Anderson: Thank you all for com1Og today. Sensations Hair Studio 612 Nevan Road, Smte 104 r\t.~ ~!...- Virgima Beach, VA 23451 (757) 313-9137 \Jl(l6lt0lfT 13e:fet-e l rvVC August 6, 2008 CommISSIOners VirgInia Beach Planning CommIssion c/o Karen Prochilo Department of Planmng Building 2, Room 115 Municipal Center Virgmia Beach, VA 23456 Subject: Request for Use permit for VB Ink Dear Planning ConllUlssion Members. We are owners of Sensations Hair Studio and are located directly next to the proposed locatIOn for VB Ink. We not only have no problem with a Tattoo Studio bemg located in our center but look forward to haVIng them as part ofthc Tcnant mIX. We both encourage the commIssion to approve the applicatIOn of VB Ink. Sincerely, ~~~~0\/P Marcy Kemp o-Owner .,,-:-.' AlJG - U 7.003 -'r-~ 1. g ~ ( 1 I. ~ l,J" ;-. . I 'I Nails First 612 Nevan Road, Suite 114 Virginia Beach, Va 23451 \1tM tt"2-~ \h~UJ'A p:,EYCrf LtvlL August 6, 2008 Commissioners Virginia Beach Planning Commission c/o Karen Prochilo Department of Planning Building 2, Room 115 Municipal Center Virginra Beach, VA 23456 Subject: Request for Use permit for VB Ink Dear Plannrng Commission members My wife and I own Nails First which IS located In the same center where VB Ink has requested a use permit for a Tattoo Studio We have no objection to their application and will welcome them as a Tenant In the center Sincerely Jon He Owner AUG - 8 zona "' . ;")~ 1 >~ C ~; ....,,>.:it: HAYDEN FRYE AND ASSOCIATES, INC. LAND SURVEYORS fJliemC.ortJ <I/ifli,z (Ji-z!jUHa (~O<:UlJ.:ioIl :1 $UtlJ,zYOM \t \ T()V\ Uv \Jl~UJl it () t)1GN. \, f'Jlc August 6, 2008 ComnllsSIOners Virgima Beach PlannIng CommissIOn c/o Karen Prochilo Department of Plann10g Building 2, Room 115 Mumclpal Center Virg10ia Beach, VA 23456 Subject: Request for Use permIt for VB Ink Dear Planning CommIssion members I am the owner of Hayden Frye and ASSOCiates a full servIce Land SurveYIng firm located at 612 Nevan Road. Our landlord contacted us prIor to VBInk makIng an applicatIOn for a use permIt and we told him we felt that tattooing had turned so mamstream that we had no ObjectIOn to hIm rent10g a suite in our center to VB Ink. We have no objecting to the application of VB Ink and encourage the commIssion to rule favorably on their request. Sincerely, ,." .'. / ~~==,",='~=f=_)_ ..'. /" /'/~ / ( ./ ~~cc...2~:";;ccjY~ Hayden Frye Owner AUG -. "l 2008 - - 'C,,_ "\ ~. -; ~ 1 - - 612 NEVAN ROAD - SUITE 108 - VIRGINIA BEACH, VIRGINIA 23451 757-491-7228 FAX 757-491-7229 ':i;lrtl~s,. 612 Nevan Road, Suite 114 Virginia Beach, Virginia 23451 (757) 428-0200 \ lDv\ 1i2.. v \J ( \'l.b\. tJl fT l)[t\C M. \ ~ August 6, 2008 ,II 'I Commissioners Virginia Beach Planning Commission c/o Karen Prochilo Department of Planning Building 2, Room 115 Municipal Center Virginia Beach, VA 23456 Subject: Request for Use permit for VB Ink Dear Planning Commission Members M&K Properties owns the center at 612 Nevan Road and is a tenant, where VB Ink has requested a permit to open a Tattoo Studio. Before offering space to Mr Johnson and Mr Hayes we researched the business and found that it has vastly changed since the 40's and 50's. I discussed the possibility of having a Tattoo Studio in the center with each of our current Tenants. Not only did none object but several were very excited. I encourage you to rule favorably on their application Sincerely, t11~ Mark Gilbert President AUG - 7 Z008 ..\, :1\ -,. t~'~. ;, .oj 1: r .; -" -: rage 1 U1 1 CEUVl 1+& ~ \)ULoctJlA- Dc;fCr-t l~ Karen Prochilo From: Bruce Gallup [bgallup@gallupsurveyors.com] Sent: Tuesday, July 29, 2008 11 :50 AM To: Karen Prochilo Cc: eddie bourdon Subject: Virginia Ink Hi Karen, Eddie has provided me with additional Information concerning this establishment. I will not be In opposition to this application In light of this additional Information and as long as this establishment operates In the manner that Eddie presented to me. Thank you for your patience. Bruce W. Gallup, PE, LS Email Gallup Surveyors & Engineers 323 First Colonial Road, Virginia Beach, VA 23454 Phone: 757-428-8132, Fax: 757-425-2390 PLot StyLe Tqble l;townI013d Zip File Decompression Utility WARNING, DISCLAIMER, AND INDEMNITY The plans, maps, draWings, or other Information being transmitted herewith IS proVided by electronic media and IS thus subject to rnherent errors, omiSSions and defects to which a non-electronic format IS not. As such, Gallup Surveyors & Engineers, Ltd" does not warrant, guarantee, or otherWise represent to the User that the electronic media IS free from electronic defects rncluding deSign, calculation, data translation, or transmiSSion errors or omiSSions. In acceptrng and utilizrng any plan, map, draWings, or other information transmitted herewith or any other form of electronic media generated and prOVided by Gallup Surveyors & Engineers, Ltd., the User covenants and agrees that all such plans{ maps{ draWings, and other data are rnstruments of service of Gallup Surveyors & Engineers, Ltd.{ who shall be deemed the author of the plans, maps{ drawrngs{ and other data, and shall retain all common law, statutory law, and other rights, rncluding COPYrights, The User further agrees not to use any plan, map, draWing, or other information transmitted, rn whole or rn part, for any purpose or project other than the project for which the information IS being provided. 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NEW BUSINESS P ADJOURNMENT 30th Anniversary of the Office of Volunteer Resources September 24, 2008 4:00 - 6:00 PM Volunteer Recognition Garden November 4 November 11 November 18 November 25 Election Day - No Sessions Veteran's Day - No Sessions Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning Citv Council Sessions for November and December 2008 December 2 December 9 Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning === Comprehensive Plan Open Houses September 29,2008 Creeds Elementary Dlstnct #7 - Pnncess Anne 7:00 - 9:00 PM October 2, 2008 Landstown High School 7:00 - 9:00 PM Dlstnct #7 - Pnncess Anne October 6, 2008 Bow Creek Recreation Center Dlstnct #3 - Rose Hall 7:00 - 9:00 PM Dlstnct #6 - Beach October 9, 2008 WhIte Oaks Elementary Dlstnct #3 - Rose Hall 7:00 - 9:00 PM School October 13,2008 Convention Center Dlstnct #6 - Beach 7:00 - 9:00 PM October 16, 2008 AssocIation for Research & DIstrIct #5 - Lynnhaven 7:00-9:00 PM Enlightenment DIstrIct #6 - Beach October 20, 2008 Pnncess Anne High School Dlstnct #4 Bayslde 7:00 - 9:00 PM Dlstnct #5 - Lynnhaven October 23,2008 Bayslde Recreation Center Dlstnct #4 Bayslde 7:00 - 9:00 PM Dlstnct #5 - Lynnhaven October 27,2008 Cox High School Dlstnct #5 - Lynnhaven 7:00 - 9:00 PM - ********* If you are physically disabled or visually impaired and need assistance at thIS meetIng, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 09/23/08 gw www.vb!!ov.com II CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS P,\GE: I S I E J L N U N I T E D N 0 A D H U L W A(JENDA E Z Y L N N 0 R E S 0 ITI~M# 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 [ BRIEFING: A. "FOR KEEPS" INITIATIVE Anne Hollon, First Lady of Virgmla Ray Ratke, Deputy Commission of the Department of Mental Health/Mental Retardation! , Substance Abuse Services/Special Advisor for Children's Services/Office of Secretary of Health!Human Resources Dr. Terry Jenkms, President, "Together We Can" Foundation -- II/III/lV / V.E CERTIFICATION OF CLOSED CERTIFIED 10-0 y y A y y y y y A y y SESSION -- F MINUTES September 2, 2008 APPROVED 9-0 Y y A Y Y Y Y Y A Y Y B S T A I N E D G.ADD Ordinance to CONFIRM Declaration of ADDED 10-0 y y A y y y y y y y y ON Local Emergency re Tropical Stonn Hanna I i H NO SPEAKERS I PUBLIC COMMENT. HOUSING/NEIGHBORHOOD PRESERV AnON I D E D H M C C o B E R V I L L A W DATE: September 9, 2008 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: September 9, 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 UJ-I Ordinances to AMEND City Code: a. AMEND ~37-7 re water tap/meter ADOPTED BY 9-1 Y Y A Y Y Y Y Y Y Y N Installation fees CONSENT b. REPEAL ~2-191 re check replacement ADOPTED BY 10-0 Y Y A Y Y Y Y Y Y Y Y procedures CONSENT ADD ON Ordinance to CONFIRM Declaration of ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y Local Emergency re Tropical Storm Hanna CONSE1'JT K-I Var/ance to Floodplam Regulations for APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y P A TRICK/CA THERINE BOWLER at CONDITIONED, 2228 Elder Rd BY CONSENT DISTRICT 5 - L YNNHA VEN 2 CUP. a. CENTERVILLE BINGO, INC., re DEFERRED TO 10-0 Y Y A Y Y Y Y Y Y Y Y bmgo hall at 1920 Centerville Tpk 9/23/08 DISTRICT 1 - CENTERVILLE APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y b. RICHARD VANEK re skateboard CONDITIONED, ramp at 538 South Atlantic Ave BY CONSENT DISTRICT 6 - BEACH c. VIRGINIA BEACH INK re tattoo DEFERRED TO 10-0 Y Y A Y Y Y Y Y Y Y Y studio at 612 Nevan Road 9/23/08 DISTRICT 5 - L YNNAHVEN 3 NEW CINGULAR WIRELESS PCS, MODIFIED AS 10-0 Y Y A Y Y Y Y Y Y Y Y LLC, (t/a AT&T) at 631 N. Witchduck CONDITIONED, Rd: BY CONSENT DISTRICT 4 - BA YSIDE a. CUP re communication tower b. Modification of Condition NO.1 of CUP approved September 26, 1995 4 JIM LOOMIS c/o HP VENTURES, MODIFIED AS 9-0 Y Y A Y Y Y Y Y Y Y A L.L.C. Modification of Condition No. 12 CONDITIONED, B of CUP approved January 13,2004 at 700 BY CONSENT S S. Birdneck Rd T DISTRICT 6 - BEACH A I N E D CITY OF VIRGINIA BEACH SUMMARY OFCOUNCU ACnONS V 0 I DATE: September 9, 2008 M B L D C E L E D H C R A W P <\GE: 3 S I E J L N U N I T E D N 0 A D H U L W At.,ENDA 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 5 R.J. MCGINNIS Modification of Proffers MODIFIED AS 10-0 Y Y A Y Y Y Y Y Y Y Y Nos. 1/2 for COZ approved December 2, PROFFERED, 2003 at 3176 Holland Rd BY CONSENT DISTRICT 6 - BEACH 6 Ordinance to AMEND ADOPTED AS 10-0 Y Y A Y Y Y Y Y Y Y Y (CZO)/ADD ~223. I defimng AMENDED, BY auto museums/establish CONSENT conditional use m Busmess DistnctslIndustnal DistrlctlResort Tounst Districts L. APPOINTMENTS RESCHEDULED 10-0 B Y C 0 N S E N S U S BY HISTORIC SITES ORGANIZING CONSENSUS COMMmEE HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMmEE WORKFORCE HOUSING ADVISORY COMMmEE -- MiH/O ADJOURNMENT 6:28 PM -. Citv Council Sessions for November and December 2008 November 4 November 11 November 18 November 25 Election Day - No Sessions Veteran's Day - No Sessions Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning December 2 December 9 Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning Comprehensive Plan Open Houses September 29,2008 Creeds Elementary Dlstnct #7 - Pnncess Anne 7:00 - 9:00 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: September 9, 2008 M B L 0 C E L E 0 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 0 October 2,2008 Landstown High School DIstnct #7 - Pnncess Anne 7:00 - 9:00 PM October 6, 2008 Bow Creek Recreation Center DIstrIct #3 - Rose Hall 7:00 - 9:00 PM DIstrIct #6 - Beach October 9,2008 White Oaks Elementary DIstnct #3 - Rose Hall 7:00 - 9:00 PM School October 13, 2008 Convention Center DIstrict #6 - Beach 7:00 - 9:00 PM October 16, 2008 ASSOCIation for Research & District #5 - Lynnhaven 7:00 - 9:00 PM Enlightenment Dlstnct #6 - Beach October 20, 2008 Prmcess Anne High School District #4 Bayslde 7:00 - 9:00 PM Dlstnct #5 - Lynnhaven October 23, 2008 Bayslde Recreation Center Dlstnct #4 Bayslde 7:00 - 9:00 PM District #5 - Lynnhaven October 27,2008 Cox High School DIstrict #5 - Lynnhaven 7:00 - 9:00 PM