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OCTOBER 28, 2008 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF: At-Large v7CE MAYOR LOUIS R. JONES, Bayslde - DistrIct 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DlEZEL, Kempsville - Distrlct 2 ROBERT M. DYER" Centerville - Distrlct I BARBARA M. HENLEY, Prmcess Anne - Distrlct 7 REBA S. McCl.ANAN, Rose Ha/l- Distrlct 3 JOHN E. UHRIN, Beach - Distrlct 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -Distrlct 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LIllEY Cl7Y ASSESSOR - JERALD BANAGAN Cl7Y AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC OCTOBER 28, 2008 I. CITY COUNCIL BRIEFING -Conference Room - A. MINORITY BUSINESS COUNCIL- Annual Report Ms. Delceno Miles, ChaIr II. CITY MANAGER'S BRIEFINGS A. FEDERAL HOUSING and ECONOMIC RECOVERY ACT (HERA) Andrew Friedman - DIrector, Housmg and NeIghborhood PreservatIOn B. CLEAN WATERS TASK FORCE- Update Clay BernIck - AdmIll1strator, Environmental Management Center III. COUNCIL COMMENTS IV REVIEW OF 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 1:30 PM V INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Dale Burden Senior Samts Pastor, Gateway Freewill Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F MINUTES 1. INFORMAL and FORMAL SESSIONS October 14, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. SCHOOLS 2009 OPERATING and CAPITAL BUDGET - Amendment 2. INSTALLMENT PURCHASE AGREEMENT AcqUisItion of Agricultural Land Preservation (ARP) Easement- 6465 Crags Causeway I. CONSENT AGENDA 1. RESOLUTIONS/ORDINANCES 1. ResolutIOns to REFER to the Planning CommIssion for recommendatIOn: a. AMEND ~203 of the City ZOll1ng Ordinance (CZO)re parkmg reqUIrements m the B-3 A Pembroke Central Business Core DIstrict b. Resort Area StrategIc Action Plan 2. ResolutIOn re the 2009 Community Legislative Agenda and REQUESTING support of same by the City's local General Assembly Delegation 3. Resolution APPOINTING Dana Harmeyer as Assistant City Attorney, effectIve November 1, 2008 4. Resolution re Issuance of ReSIdential Care Facility Mortgage Revenue Bonds by the VirgmIa Beach Development Authonty (VBDA), not to exceed $15,000,000, for Westmmster-Canterbury of Hampton Roads, Inc. 5. Resolution to REQUEST a $450,000 Grant from the Commonwealth Transportation Board re the Thalia Creek Greenway project 6. ResolutIOn to SUPPORT the Virginia MuniCIpal League's (VML) resolutIOn re Municipal Access to Capital Markets to stimulate state and local economIes 7. Re Homeless families: a. Ordinance to APPROVE the Plan to end Family Homelessness b. Resolution to recogll1ze and express gratitude to the Dragas Family and ACCEPT a $500,000 grant from the George and Grace Dragas Family FoundatIon 8. Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase Agreement with John A. and Mary Sandra Baum re an Agricultural Land PreservatIOn (ARP) easement at 6465 Crags Causeway 9 Ordinances to AUTHORIZE acquisition and the City Manager to execute all documents re: a. 17.64 acres on General Booth Boulevard from the Commonwealth of VirgmIa for $300,000 re Open Space b. Property at 400 Atlantic Avenue and 205 4th Street from Winifred Murphy, Brenda 1. Smith, Faye 1. Molnar and Forrest C. Ozburn for $1,500,000 c. .057 acre near the Lake SmIth Fishing StatIOn from Lauren Peyton Bell, Karen and Walter Peyton, Jr. for $13,000 re Open Space 10. Ordinance to AUTHORIZE temporary encroachments into portIOns of City property for Michael C. and VirgIll1a A. Maloney to construct and maintain a pier extenSIOn, four pile boat lift, existmg dock and deck at 304 Teal Crescent (DISTRICT 7 - PRINCESS ANNE) 11. Ordinance to ACCEPT a Grant and APPROPRIATE $187,060 from the Office of Commumty Oriented Policmg Services (COPS) re technology needs. 12. Ordinance to GRANT a no-interest loan and revise the 2004 payment schedule for the Virginia Aquarium and Marine Science Center Foundation re a Joint renovation project and APPROPRIATE the loan at $ I-Million 13. Ordinance to TRANSFER $69,869 to the Police Department re creatIon of an Animal Care Shelter Manager position K. PLANNING 1. Applications for the expansion of Nonconforminfl Uses: (DISTRICT 5 - L YNNHA VEN) a. DR. ALAN W. and ELIZABETH MAHANES re alterations and additIOns to a cottage and garage apartment at 108 A and B 55th Street RECOM\1ENDA nON: APPROV AL b. MARTIN SCHARA re additIOn of a second story to the front dwelling and constructIOn of a new two-story cottage in the rear of211 70th Street RECOMMENDA nON: APPROVAL 2. Application of GEORGE POWELL for a Conditional Use PermIt re bulk storage and a building ,contractor's yard at 5512 Southern Boulevard (DISTRICT 2 - KEMPSVILLE) RECOMMENDA nON: APPROV AL 3. Applications of the CITY OF VIRGINIA BEACH to AMEND the City ZOll1ng Ordinance (CZO) and the City Code re Workforce Housing: a. ~2102 re definitions of "Affordable", "Area Median Income", "Workforce Housmg", "Workforce Housing Ull1t"; deletmg "Qualified Buyer", "Qualified Renter" and ADDING "Eligible Buyer" and "Eligible Renter" b. Chapter 16, Article VIII, re definitions and program procedures c. ESTABLISH a Revolving Special Revenue fund d. CONSIDER program documents and provide for execution of legal instruments RECOMMENDATION: APPROV AL I I L. APPOINTMENTS BEACHES AND WATERWAYS COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION PARKS AND RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE (COG) SOUTHEASTERN PUBLIC SERVICE AUTHORITY TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WORKFORCE HOUSING COMMITTEE (VBCDC) M, UNFINISHED BUSINESS N. NEW BUSINESS o ADJOURNMENT 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 October,23, 2008 7:00 - 9:00 PM Bayslde RecreatiOn Center Dlstnct #4 Bayslde Dlstnct #5 - Lvnnhaven October 27,2008 7:00 - 9:00 PM Cox High School Dlstnct #5 - Lynnhaven ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** 10/2&108/5t www.vbgov.com I. CITY COUNCIL BRIEFING -Conference Room - 1 :30 PM A. MINORITY BUSINESS COUNCIL - Annual Report Ms. Delceno Miles, Chair II. CITY MANAGER'S BRIEFINGS A. FEDERAL HOUSING and ECONOMIC RECOVERY ACT (HERA) Andrew Friedman - Director, Housing and NeIghborhood Preservation B. CLEAN WATERS TASK FORCE- Update Clay Bernick - Administrator, Environmental Management Center III. COUNCIL COMMENTS IV REVIEW OF AGENDA V INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION III .'". VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Dale Burden Senior Saints Pastor, Gateway Freewill Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICA TION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 14, 2008 G. AGENDA FOR FORMAL SESSION I I H. PUBLIC HEARINGS 1. SCHOOLS 2009 OPERATING and CAPITAL BUDGET - Amendment 2. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easement- 6465 Crags Causeway . NOTICE OF PUBLIC HEARING Amendment of FY 2009 Operating Budget and Capital Improvement Program to ProvIde Additional Funding for School Operations and Capital Projects On Tuesday, October 28, 2008, the Virginia Beach City Council will hold a Public Heanng on a proposed amendment to the FY 2009 School Operating Budget and the School Capital Budget. The Public Hearing will be held at 6:00 p,m. In the City Council Chamber, second floor, City Hall Building, MUniCipal Center, Virginia Beach, Virginia. At this Heanng, the City Council will be voting on amendments to appropriate funding for the Operating and Capital Budgets totaling $33,065,747 in Virginia Beach School Reversion Funds, Of this $33,065,747, it IS proposed that such funds be made available for use In FY 2009 for the follOWing School purpo~es: ~ School Opera1!!!9-Eund - Instr~ction Category ~ Reserve Account ~U1pment & Supplies [SohooIOP''"'O F""' - Po UT""'portati"" C." '" !,ubtotal School Operatin Fund: I. Technology Fund , New E UI ment & Software $578,807 Re lacement of outdated Com uters 763,500 '- Upgrades to Software systems & servers 436.500 ~_~~?~ement of copiers & jJnnters _____ __ _~.__ 392,72~ I- Subtotal Technology Fund: $2,171,532 I L_ ~_cafeterla Fund $250,000 ~--- ~--- -----+------.--: I Subtotal Opera~ Budget 1~,565,7~1~ LVarlCJ.l:l~_Capital Projects I I : 1-195 StudentData Management I $1,750,000 I ~ 1-211 School Operati.!!9, Budget Support ----L 1,000,000 I '--- 1-103 Renovations & Replacements - Grounds Phase II i 375,000 ' L_l=.~ Renovations & Replacements - Various Phase II ;- 375,000 I I Subtotal Transfer to Capital Pro~c:~s: _~_.-J1200,000 : ~--~ j ------1 L____~ Total ApP!.oflr~~Lon:L. $33,065,747 ' $ 24,798,747 1,570,693 774,775 I $ 27,144~ This Hearing IS open to the public, and all Interested citizens will have an opportunity to be heard. IndiViduals deSIring to proVide written comments may do so by contacting the City Clerk's office at 385-4303, If you are phYSically disabled or Visually Impaired and need assistance at thiS meeting, please call 385-4303; hearing Impaired, call Virginia Relay at 1-800-828-1120. Ruth Hodges Fraser, MMC City Clerk 301 SUNDAY, 1 L I I NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice IS hereby given that the City Council of the Sity of Virginia Beach, Virginia. will hold a Public Heanng "lith respect to the execution and delivery of an Installment Purchase Agreement for the acqUisition of an agncultural land preservation easement with respect to land located at 6465 Crags Causeway, In the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95-2319, as amended, known as the Agncultural Lands Preservation Ordinance, which establishes an agncultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect: enVIronmentally sensitive resources, (d) reduce and i defer the need for major Infrastructure Improvements. and the expenditure of public funds for such' Improvements, and (el assist In shaping the character, dIrection and timing of community development. Such easement will be purchased pursuant to an Installment I Purchase Agreement for an estimated maximum purchase pnce of $667,246.00. The City's obligation to pay the purchase pnce under the Installment Purchase' Agreement IS a general obligation of the City, and the fun faith and credit and the unlimited taxing power of the City will be Irrevocably pledged to the punctual payment of the purchase pnce and the Interest on the unpaid pnnclpal balance of the purchase pnce as and when the same respectively become due and payable. The Public f-feanng, which may be continued or adjourned, will be held by the City Council on October 28, 2008, at 6:00 p,m. In the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Dnve, Irglnla Beach, Virginia. Any person Interested In this 11atter may appear and be heard. CITY OF VIRGINIA BEACH, VIRGINIA Ruth Hodges (=raser, MMC City Clerk I I I. CONSENT AGENDA J. RESOLUTIONS/ORDINANCES 1 ResolutIOns to REFER to the Planning Commission for recommendatIOn: a. AMEND ~203 of the City ZOll1ng Ordinance (CZO)re parkmg reqUIrements m the B-3A Pembroke Central Busmess Core Distnct b. Resort Area StrategIc Action Plan 2. ResolutIOn re the 2009 Community Legislative Agenda and REQUESTING support of same by the City's local General Assembly DelegatIOn 3. Resolution APPOINTING Dana Harmeyer as AssIstant City Attorney, effectIve November 1, 2008 4. ResolutIOn re Issuance of ReSIdential Care Facility Mortgage Revenue Bonds by the VirgmIa Beach Development Authority (VBDA), not to exceed $15,000,000, for Westmmster-Canterbury of Hampton Roads, Inc. 5 Resolution to REQUEST a $450,000 Grant from the Commonwealth TransportatIon Board re the Thalia Creek Greenway proJect 6. Resolution to SUPPORT the Virginia Municipal League's (VML) resolutIOn re Municipal Access to Capital Markets to stImulate state and local economIes 7. Re Homeless families: a. Ordinance to APPROVE the Plan to end Family Homelessness b. ResolutIOn to recognize and express gratItude to the Dragas Family and ACCEPT a $500,000 grant from the George and Grace Dragas Family FoundatIOn 8. Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase Agreement with John A. and Mary Sandra Baum re an Agncultural Land Preservation (ARP) easement at 6465 Crags Causeway 9 Ordinances to AUTHORIZE acqUISItion and the City Manager to execute all documents re: a. 17.64 acres on General Booth Boulevard from the Commonwealth of Virgima for $300,000 re Open Space b. Property at 400 Atlantic Avenue and 205 4th Street from Winifred Murphy, Brenda 1. SmIth, Faye J Molnar and Forrest C. Ozburn for $1,500,000 c. .057 acre near the Lake Smith Fishmg Station from Lauren Peyton Bell, Karen and Walter Peyton, Jr. for $13,000 re Open Space 10. Ordinam;e to AUTHORIZE temporary encroachments into portIOns of City property for Michael C. and VirgmIa A. Maloney to construct and mamtain a pIer extenSIOn, four pile boat lift, existing dock and deck at 304 Teal Crescent (DISTRICT 7 - PRINCESS ANNE) 11. Ordinance to ACCEPT a Grant and APPROPRIATE $187,060 from the Office of Commurnty Oriented Policmg ServIces (COPS) re technology needs 12. Ordinance to GRANT a no-interest loan and reVIse the 2004 payment schedule for the Virginia Aquarium and Marine Science Center Foundation re a Jomt renovatIOn proJect and APPROPRIATE the loan at $ I-Million 13 Ordinanc:e to TRANSFER $69,869 to the Police Department re creatIOn of an Animal Care Shelter Manager pOSItIon I I , ,(~.~. I"~~~' r/ .... ,,'tl (5. W~ \:. -~~ ;1 ~.~~. <t{f -;::~~:,;.. CITY OF VIRGINIA BEACH AGENDA ITEM "" \... ~ ITEM: A Resolution Referring to the Planning Commission an Ordinance to Amend Section 203 of the City Zoning Ordinance Pertaining to Parking Requirements in the B-3A Pembroke Central Business Core District MEETING DATE: October 28,2008 . Background: The parking requirements for the B-3A zOning district ("Town Center") require three (3) parking spaces per one thousand (1000) square feet of gross floor .area and no fewer than one and seven-tenths (1 7) spaces per dwelling unit. ThiS mixed use development has varying parking needs and the fixed formula does not always result In the correct number of spaces In the correct locations. . Considerations: The proposed amendment authorizes the Planning Director to determine the required number of spaces for each development. In making his decIsion, the Planning Director shall determine the adequacy of the parking analysIs prepared by a licensed professional engineer ThiS Resolution refers to the Planning Commission the proposed amendment to the City ZOning Ordinance. . Public Information: Advertisement as a normal agenda item. . Recommendations: Adoption of Resolution . Attachments: Resolution and Ordinance pertaining to parking requirements Recommended Action: Adoption of Resolution Submitting Department/Agency: Planning K~ City Manager: 17. <1. \~ t-- 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION AN ORDINANCE TO AMEND 3 SECTION 203 OF THE CITY ZONING ORDINANCE 4 PERTAINING TO PARKING REQUIREMENTS IN 5 THE B-3A PEMBROKE CENTRAL BUSINESS CORE 6 DISTRICT 7 WHEREAS, the public convenience, general welfare and good zOning practice so 8 require; 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA. 12 13 That the above-entitled ordinance, a copy of which IS attached, IS hereby referred 14 to the Planning CommiSSion for its consideration and recommendation. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 dalY of , 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~~!:- ..-'> CA 10899 R-1 October 17, 20Cl8 I I 1 AN ORDINANCE TO AMEND SECTION 203 OF THE CITY 2 ZONING ORDINANCE PERTAINING TO PARKING 3 REQUIREMENTS IN THE B-3A PEMBROKE CENTRAL 4 BUSINESS CORE DISTRICT 5 6 WHEREAS the public necessity, convenience, general welfare and good zoning 7 practice so requires: 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA. 11 12 That the City ZOning Ordinance IS hereby amended and reordamed by the 13 amendment of Section 203, to read as follows: 14 15 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 16 ALL DISTRICTS 17 18 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 19 PARKING AND OFF-STREET LOADING 20 21 22 Sec. 203. Off-street parking requirements. 23 24 25 26 (g) Notwithstanding any contrary provIsion of this section, within the ~ 27 Pembroke Central Busmess Core Dlstnct and B-4C Central Business Mixed Use 28 Dlstnct, there shall be provided for nonresidential uses, except hotels and uses 29 accessory to hotels, no fewer than three (3) spaces per one thousand (1,000) square 30 feet of gross floor area, and for residential uses no fewer than one and seven-tenths 31 (1 7) spaces per dwelling unit. Parking requirements for hotels and uses accessory to 32 hotels shall be as specified m subsection (a). Withm the B-3A Pembroke Central 33 Business Core Dlstnct parklnQ requirements shall be determined In accordance with a 34 parklnQ analYSIS prepared by a licensed professional enQlneer The plannmQ director 35 shall determine the adequacy of the analYSIS and its compliance with the other 36 prOVISions of this section. 37 38 (h) Notwithstanding anything In this ordinance to the contrary, required off-street 39 parking for any use located on property within the B-3A Pembroke Central BUSiness 40 Core Dlstnct or B-4C Central BUSiness Mixed Use Dlstnct may be made available for 41 use by the general public as well as by the customers or patrons of such use, The 42 reqUired number and dimenSions of parking spaces shall be as specified m thiS sectIon: 43 and no parkmg space shall be used to satisfy the parkmg requirement of more than one 44 (1) establishment..-, except m the B-3A Pembroke Central BUSiness Core Dlstnct. 45 46 (i) Parking requirements for uses within the B-3A Pembroke Central BUSiness 47 Core Dlstnct or B-4C Central BUSiness Mixed Use Dlstnct may be satisfied by anyone, 48 or a combmation of, the following: 49 50 (1) On-site parking; 51 (2) Off-site parking facilities, as set forth In section 901 of this ordinance; or 52 (3) Public parking, if the Planning Director determines (i) that there IS at least a 53 sufficIent number of public parking spaces located within the same 54 development phase of the B-3A Distnct or B-4C Dlstnct as the proposed use 55 to meet public parking demands; (ii) that such public parking spaces are not 56 used to satisfy the parking reqUirements of any other use, and (iii) that the 57 use of such public parking spaces to satisfy the parking requirements of the 58 propoSE!d use, either wholly or partially, IS warranted In light of the follOWing 59 conSiderations: 60 61 A. The ext,ent to which the proposed use advances the goals and objectives of 62 the B-3A Pembroke Central Business Core Dlstnct or B-4C Central Business Mixed .Use 63 Dlstnct, as the case may be, as stated In section 900 of the City ZOning Ordinance; 64 65 8. The ext,ent to which the proposed use conforms to the Urban Design Plan 66 component of the Virginia Beach Central Business Distnct Master Plan if such proposed 67 use IS within the B-3A Pembroke Central Business Core Dlstnct or, if the proposed use 68 IS within the B-4C Central Business Mixed Use Dlstnct, the extent to which it conforms 69 to the Mixed Use Development GUidelines; and 70 71 C The amount of the projected tax revenue to be generated by the proposed 72 use and Improvements. 73 74 For purposes of this section, the term "parking requirements" shall mean the 75 number of off-streE~t vehicular parking spaces required by this section. .76 77 COMMENT 78 79 This amendment will allow the Planning Director to more accurately determme the 80 required parking for the B-3A zoning district through the use of a parking analysis rather than 81 specific numerical requirements. This is needed because of the unique qualities of this mixed use 82 development. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day , , APPROVED AS TO CONTENT CA 10888 / R-4 I October 20, 2008 Ii! ,. \.. ~~d' ,{)~s. ~'<'?, rt i-F'\~ \\~./ij ~~~~p. "'i:~~y CITY OF VIRGINIA BEACH AGENDA ITEM '" ~ ITEM: A Resolution Referring the Resort Area Strategic Action Plan to the Planning Commission for Consideration and Recommendation MEETING DATE: October 28, 2008 . Background: In December 2005, the City Council adopted an Oceanfront Resort Area Plan, Resort Area Design GUidelines, and a number of related documents to the City ZOning Ordinance. Concurrently, City Council directed staff to refine the content of those documents to further refine and express the VISion for the Resort Area. In June 2007, the City Council appropriated funds to secure a consultant to assist staff, Resort Area stakeholders, and reSidents throughout the city In refinmg and expressing that vIsion and In ascertaining measures necessary to Implement the VISion. In October 2007, the City secured the services of Sasaki Associates. Since that time, work has been underway consisting of site and data analysIs, urban design evaluation, and community planning and design charrettes InvolVing more than 350 participants. From this work, a preferred vIsion for the Resort Area has been developed. The Resort Area Strategic Action Plan was presented to the public for review and comment on June 2, 2008. Suggestions from the public at that meeting were Incorporated Into the VISion, and it was presented to the Planning Commission on September 10 and to the City Council on October 14 . Considerations: The attached resolution refers the Resort Area Strategic Action Plan to the Planning Commission for their consideration at a public hearing, at which time, a recommended action on the plan will be made and forwarded to the City Council. A hearing by the Planning Commission has been tentatively set for November 12,2008. . Recommendations: Approval of the Resolution referrmg the Resort Area Strategic Action Plan to the Planning Commission. Resolution Refemng the Resort Area Strategic Action Plan Page 2 of 2 . Attachments: Resolution Resort Area Strategic Action Plan presentation Recommended Action: Approval ,f Submitting DeI,"'rtmentlAgency: Planning Department A V' City Manager: K. g. Li.vvL +- . ~ III 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION THE VIRGINIA BEACH RESORT 3 AREA STRATEGIC ACTION PLAN FOR 4 CONSIDERATION AND RECOMMENDATIONS 5 WHEREAS, the public convenience, general welfare and good zOning practice so 6 require; 7 WHEREAS, the Planning Department briefed City Council In regard to the 8 Virginia Beach Resort Area Strategic Action Plan on October 14, 2008 and presented 9 an action plan for the resort area which IS attached; and 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA. 13 14 That the Virginia Beach Resort Area Strategic Action Plan IS hereby referred to 15 the Planning Commission, for its consideration and recommendation. 16 17 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 . day of ,2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~ "- CA 10890 R-1 October 14, 2008 '-.. 4,n.... r,S..;:.~~.9t.-, '~'"1"~ (;..." '" . . '!....., }Sf ' i~) (~\~ i~J \,\,'t... . Jo;~ L....,4~~~~.t~..) '-~~..;W~~y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the City's 2009 Community Legislative Agenda and Requesting Members of the City's Local Delegation to the General Assembly Sponsor and/or Support Legislation that Would Carryout the Goals and Objectives Set Forth Therein MEETING DATE: October 28, 2008 . Background: City Council has a tradition of presenting a Community Legislative Agenda to the General Assembly each year This Agenda prOVides the Virginia Beach Delegation with positions of the City Council on funding, legislation, public safety, and other Issues that may be brought before the General Assembly ThiS item was deferred by City Council from October 14, 2008 until October 28,2008. . Considerations: ThiS Agenda was prepared based on Input from Council Members, Department Directors, community leaders, and representatives from various citizen groups. . Public Information: Council Members Wilson and Villanueva, with the help from staff, held an Informal public meeting on August 6, 2008 with community leaders and representatives of various citizen groups, the City Council and the General Assembly Delegation to obtain items for InclUSion In the 2009 Community Legislative Agenda. An opportunity for public comment was held on September 23, 2008 In Council Chambers. . Alternatives: Do not adopt the 2009 Community Legislative Agenda. . Recommendations: It IS recommended that City Council approve the attached resolution that adopts the 2009 Community Legislative Agenda and requests the City's local Delegation to the General Assembly sponsor and/or support legislation that would carry out the goals and objectives set forth. . Attachments: (1) Resolution (2) 2009 Community Legislative Agenda Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: \Co. \o. ~ 1 A RESOLUTION ADOPTING THE CITY'S 2009 2 COMMUNITY LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Community Legislative 5 Agenda and re~quests member of the City's local delegation to the General Assembly 6 sponsor and/or support legislation therein; and 7 8 WHEREAS, the City Council has consIdered a number of goals and objectives 9 for Inclusion In the City's 2009 Community Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA. 13 14 That thE! City Council hereby adopts the City's 2009 Community Legislative 15 Agenda, which IS attached hereto as Exhibit A and IS hereby Incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA. 19 20 That. the City's Delegation to the General Assembly IS hereby requested to 21 sponsor and/or support legIslation In the 2009 Session of the General Assembly that 22 would carry out the goals and objectives of the City as set forth In its Community 23 LegIslative Agenda. 24 25 BE IT FURTHER RESOLVED BY THE COUNCIL' OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA. 27 28 That the City Clerk IS hereby directed to transmit a copy of this resolution to each 29 member of the City's local Delegation to the General Assembly 30 31 Adopted by the City Council of the City of Virginia Beach, Virginia, this 32 day of , 2008. APPROVED TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY C't il'O.J!J A ,J ~Off' ~ ~Ice c~~:c- CA10851 R-2 September 24,2008 .c. '1.0. .1\. il .'\.11 .'lfi'\.' T rl"'\" I '1. '."G'T CI. ~T..I'... ?E.. ^G. EI" ~ D !\ t .1./ I i.. 1"11 I:~,!,. .l"-..}..,h.. c' ... ..!, 1"'1. :;r.1,l"1.)",L.l (GENERAL i\SSEl\:lBL Y SESSIO~ 2009 eIT})' () Ii l'Y11?,GE\L'-I . BE:, 4 C'FI BL7LL)L'\/G '(~Al f~()/lfJl[~\JTY' I7()R ./1 LIFETlilfEn MI ;NIUPAL <. :'ENTER BT'LIDIN\.; i.JNE 2401 <. ~\.Il:1\ II II )t IS[ DIUVF, Sf rLrE 2 ~4 ViR,;INIA BL\(:JI, VrR\.JlNIA 2~4)() FTla! Draftll}f:2B For Cit, COtJl1cH 2009 COMMUNITY LEGISLATIVE AGENDA CITY OF VIRGINIA BEACH TABLE OF CONTENTS T ABLE OF CONTENTS - PREFACE - CITY OF VIRiGlNIA BEACH 2009 REQUESTED CODE OF VIRGINIA CHANGES - 1. Arrest or Issuance of a Summons by an Officer Based on the Observations of a DIfferent Officer 2. Issuam:e of a Warrant in a DUI Case by an Officer Based on the Observations of the Arresting Officer 3. DUI Cost Recovery Program 4. Raise ACCIdent Report Damage Threshold to $2500 5. Energy Conservation 6. CSA AdmInIstrative Allocation 7. Loss of Medicaid Eligibility for Teens in Foster Care WIth Earned Income 8. Prohibit PossessIOn of Firearms and Other Delineated Weapons in Mental' Health FacilitIes 9. Allow VRS to Admmister the Other Post Employee Benefits (OPE B) Trust 10. Four Year State-Supported College in Virgill1a Beach 11. Capture of Sales Tax from Tourism Related Venue 12. Assessment for Courthouse ConstructIOn, Renovation or Mamtenance 13. Smoke: Free Restaurants 14. Expand DefinitIOn of Firearms to Include Replica and Gas & Air Weapons 15. Expand Tree Protection Legislative Authonty for ConservatIOn During Land Development Process to Include Other Localities 16. ExpanSIOn of the Virginia Human Rights Act 17. ReVIse Chesapeake Bay Regulations to Include Water Features like Pools and BMP's as Permeable Surfaces CITY OF VIRGINIA BEACH FUNDING ITEMS- 1. Virgmia Aquarium & Marine SCIence Center-Ocean in Motion Aquanum Truck 2. Virgmia Beach Convention Center Funding COMMONWEALTH OF VIRGINIA FUNDING ITEMS- 1. Support for Regional Plan for Geropsychiatric Services 2. Suppol1 for Additional State General Fund Dollars for Mental Health and Mental RetardatIOn 3. Funding for Public Health Services 4. Sandler Center for the Performing Arts Page 1 Final for City COllJlcil /\.doptlon-October 28.2008 Page # 1-2 3-4 5-21 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22-24 23 24 25-30 25-26 26 27 28 5. Funding For the Virgmia Tourism Corporation 6. Support For Increased Funding For the Governor's Opportunity Fund ApPENDIX: DRAFTS OF PROPOSED LEGISLATION - KEYED TO REQUESTED CODE CHANGES 1. Arrest or Issuance of a Summons by an Officer on the Observations of a Different Officer 2. Issuance ofa Warrant in a DUI Case Based on the Observations of the Arrestmg Officer 3. DUI Cost Recovery Program 4. Raise Accident Report Damage Threshold to $2500 12. Assessment for Courthouse Construction, Renovation or Maintenance 14. Expand Definition of Firearms to Include Replica and Gas & Air Weapons 29 29-30 31-41 32 33-34 35 36 37 38-41 Page 2 Final for City COllncil Adoption-October 28.2008 2009 COMMUNITY LEGISLATIVE AGENDA CITY OF VIRGINIA BEACH PREFACE The 2009 session of the General Assembly will take place during the second year of the Commonwealth's adopted biennial budget and eight months before the statewide elections for Governor, Lieutenant Governor, Attorney General, and all 100 House seats. Despite the impending elections, we believe there are Important, ongomg Issues that must be addressed. The most important and pressing challenge the City of Virgill1a Beach is facmg concerns transportation. When City Council adopted its 2008 LegIslative Agenda, that document was based on HB 3202's comnlltment to address funding for the regIOn's six major proJects. Unfortunately, the State Supreme Court later found most of HB 3202 to be unconstitutional, leaving the regIOn without the financial means to move forward wIth these proJects. In the meantime, the need has been compounded by the addition of the Hampton Roads Bridge Tunnel to the proJect list. The result is that Route 460, the Southeastern Parkway and Greenbelt, 1-64 on the Peninsula and SouthsIde, the Hampton Roads Third Crossing and the Hampton Roads Bndge Tunnel may have to be removed from the regIOnal long-range transportatIOn plan because that plan must be fiscally constrained by Federal law and regulatIOns. For 2009, we are respectfully requesting that the General Assembly address this issue quickly. A significant increase in funding will enable us to maintam roads that have fallen into senous disrepair. Allocating dollars to the statewide funding program for urban, secondary and primary roads, as well as tranSit, is also critical. In the past, the State has increased funding for this baSiC public service so that the City could provide for the transportatIOn needs of our citIzens. For example, in 1985 the City received approximately $6 million per year in urban funding. By 2004, that figure had increased to nearly $30 million per year. Yet the current SIX year plan will reduce our allocation to less than $10 million per year. Considenng the growth in our transportation infrastructure and the impact of mflation, it IS clear that the level of state funding for transportation is not meetmg the needs of our CItIzens. Finally, the City Council has consistently requested that the State provide $275 million per year m ongoing funding through General Assembly action, as well as the ability to toll the six maJor projects mentIOned above. According to Metropolitan Plannmg OrganIzation (MPO) estImates, It IS likely that another $40 to $50 million per year will be needed to supplement the tolls and the Hampton Roads Bridge Tunnel. Page 3 Final for Cit;.' Council Adoption-October 28.2008 The City is also facing challenges in the area of education. As you are aware, education at the K-12 level has always been a partnership between the Commonwealth and local governments. During the 2008 session, there was a move to fundamentally change that partnership by reducing future appropriations to local governments. This would have been accomplished by changing the current standards of quality (SOQ's) and what IS included m those standards. The City currently spends almost $200 million in local tax dollars above what is required to meet the standards of quality We believe this commitment IS necessary to provIde an educatIOn for our children that will prepare them to compete successfully m the global market place. They do not consider the teacher salary increases gIven by the Virginia Beach School Board that are above and beyond the salaries provided by the General Assembly to be part of the cost sharing between the Commonwealth and the City. Furthermore, Delegate Joannou, a member of the Joint LegislatIve Audit and Review Commission (JLARC), who is also a member of the House Appropriations Committee, desires to cut state funding for the employer share of teachers' socIal security benefits. If enacted, thIS would represent a significant decrease in state funding for education. Rather than consIdering reducing its share of education funding, the General Assembly should instead fully fund the true cost of the SOQs In closing, the City Council repeats ItS request that the State fully fund the true cost of State government services such as courts, correctIOns, mental health services and public health. For several years, the City has paId a larger and larger share of these State responsibilities because we must retain employees and provide critIcal services to our citizens. We ask that the Commonwealth stop this trend of under-funding these Important and basic efforts. Page 4 Final for City Council Adoption-October ':;8.1008 CITY OF VIRGINIA BEACH 2~009 REQUESTED CODE OF VIRGINIA CHANGES 1. ARREST OR ISSUANCE OF A SUMMONS BY AN OFFICER BASED ON OBSERVATIONS OF A DIFFERE'IT OFFICER Chief A.M Jacocks Department of Police Background Injormation: The State Code authorizes an officer who has not observed a mIsdemeanor or traffic violation to nevertheless stop and tIcket an offender for red light vIOlatIOns and speeding upon receipt of a radiotransmIssion from the officer observing the violation (~ 46.2-833 and ~ 46.2-882). Present traffic volume, especially m heavily populated jurisdictions, and the manner m which highways are now being constructed, makes It extremely difficult for a single officer to positIOn hIm or herself and the officer's police vehIcle at a place where the officer can both observe infractions and then be able to promptly exit the location m order to stop the violator. While the "team" policmg 'concept has been recogll1zed in other states, it has not been widely accepted in Virginia. Additionally, as the technology has become available, more and more police departments are usmg camera systems to monitor critical, and vulnerable, areas of the community in an effort to suppress cnminal actIvity Frequently officers mOll1tonng these real-tIme camera systems observe criminal actiVIty and direct other officers to respond. Unfortunately, the responding officers are usually unable to make any arrests, as they did not observe the origmal criminal activity. Request: A. The City requests that the General Assembly expand the authority granted under ~ 46.2-833 and ~ 46.2-882 to allow an officer who has not observed a misdemeanor or traffic violation to nevertheless stop and tIcket an offender for red light violations and speeding upon receipt of a radio transmissIOn from the officer observmg the VIOlation. B. The City also requests that the code be revised to allow officers to make an arrest or Issue a summons based on the observations of another officer, regardless of whether observing officer used a camera or similar device to VIew the conduct. See Appendix It{:m 1 (page 32) for text of proposed legislative change. Page 5 Final tl'!' City Council Adoption-October 28. 2008 2. ISSUANCE OF A WARRANT IN A DUI CASE BY AN OFFICER BASED ON THE OBSERV A TlONS OF THE ARRESTING OFFICER Chief A.M. Jacocks Department of Police Request: The City requests that the General Assembly change Virgill1a Code ~ 19.2-81 to enable a police officer to stop and arrest an intOXIcated driver and transfer that arrest to another police officer. ThIS change would allow supervisors and specialized officers, such as K-9 and SWAT officers, to remam available. The arresting officer or supervisor would still appear in court to testify This recommended change is sImilar to the modificatIOn that was made several years ago to allow marine police officers to transfer a boatmg under the mfluence VIOlation to another police officer. See Appendix Item 2 (pages 33-34) for text of the requested legislative change. Page 6 Final for City COllncil AdoptIOn-October 28. 2008 3. DUI COST RECOVERY PROGRAM Chief A.M Jacocks Department of Po/ice Request: The City requests that the General Assembly change Virginia Code ~ 15.2-1716 to clarify the DUI cost recovery program as it applies DUI arrests. The Attorney General has issued an opinion that the current statute only applies in cases involving an accident (See, 2004 Op. Va. Atty. Gen. 68) See Appendix It(~m 3 (page 35) for text of the requested legislatIve change. Page 7 Fillal for City COlltlcil AJoptlon-October .28. .2008 4. RAISE ACCIDENT REPORT DAMAGE THRESHOLD TO $2500 Chief A,M Jacocks Department of Police Background Information: State Code ~ 46.2-373 requires law enforcement officers to submIt an accIdent report if total damage to all involved vehicles exceeds $1,000. This dollar amount was set approximately 10 years ago and is much too low based on the current cost to repair vehIcles. Request: The City requests that the General Assembly increase the required accIdent report damage amount to $2,500. ThIS change would greatly reduce the amount of paperwork necessary at mmor accident scenes, reduce the burden on the courts m their attempt to determine fault, and reduce the time officers spend mvestigating mmor aCCIdents. See Appendix Item 4 (page 36) for text of the requested legIslative change. Page 8 Final for City Council Adoption-October 28. 2008 5. ENERGY CONSERVATION Bob Matthias Assistant to the City Manager Office of the City Manager Background Information: This is a placeholder for a possible issue still being researched by staff. Staff is investigatmg what authority local governments, including Virginia Beach, have to allow density credits for energy efficient buildings, in addition to whether localities have any ability to require more energy conservatIon in buildings constructed. Weare also examming whether the State can allow tax rebates or credits, both at the state and local level, for those who build energy effiCIent buildings. FinaIJ.y, the Commonwealth's Climate Change CommissIOn IS meeting next week as a part of a series of meetmgs. We are following that Commission to see what recommendations may come for both statewIde enabling legislation, and also enabling legIslatIOn for localities. Page 9 Final for City Council Adoption-October 28,2008 6. CSA ADMINISTRATIVE ALLOCATION Bob Monn Department Director Department of Human Services Background Information: The funding formula to carry out the provisions of the Comprehensive Services Act defines the formula for local administrative costs based upon pool allocations from 1997. The maXImum allocatIOn any locality can receive for administrative costs is $50,000. ThIS amount has not mcreased in the past 8 years, despite continumg increases in the oversIght responsibilities of CSA. FY 07 expenditures for CSA in Virginia Beach were $10,838,856, which required a supplemental request of additional state and local dollars. For FY 08, the CSA allocation is $11,771,757. Covering additional admmIstrative costs on top of the local share of any supplemental request for child-specific services is an undue hardshIp. Request: The City requests that the General Assembly amend Title 2.2, Chapter 52 ofthe Code of Virginia to eliminate the maximum administrative allocation of $50,000 m order to Improve localities ability to meet the admmIstrative requirements of the CSA and to permit a maXImum amount equal to 2% of the allocation to be used for admmistratIve costs. Page 10 Final for Cit,y COllncil AdoptIOn-October 28. 2008 7. Loss OF MEDICAID ELIGIBILITY FOR TEENS IN FOSTER CARE WITH EARNED INCOME Bob Monn Department Director Department of Human Services Background Information: Under current Virgill1a law, the local Department of SocIal Services must discontmue Medicaid to a foster care child between the ages of 19 and 21 If the foster child earns more than $208.33 m gross income per month. These foster children need to have the benefit of Medicaid to cover the cost of theIr medical expenses, and they also need to have the opportUll1ty to earn income beyond the current limitations. This law appears to be m direct conflict wIth the independent living program for foster children, which was designed to assist children in foster care aged 16-21 in becommg self-sufficIent. AchIeving the goal of self-sufficiency must include the opportUll1ty for youth to earn income that will prepare them for survival in an independent living situation. Request: The City requests that the General Assembly amend title 32.1 of the Code of Virgill1a to allow foster children h~tween the ages of 19-21 to be exempt from the income limItatIOn, thus allowmg them to remain eligible for Medicaid. This would give older foster children the opportUll1ty to earn the income necessary to achieve the goal of self-sufficIency. Page 11 Final for City COllncil Adoption-October 28. 2008 8. PROHIBIT POSSESSION OF FIREARMS AND OTHER DELINEATED WEAPONS IN MENTAL HEALTH FACILITIES Bob Monn Department Director Department of Human Services Background Information: The General Assembly passed legislation m 2003 (codified at VirgIll1a Code ~ 15.2-915) which prevents localities from prohibiting or restnctmg the carrying of weapons mto City buildings. As a result, the City may no longer prohibIt people from bringing firearms mto the City's Mental Health and Mental Retardation and Substance Abuse Services facilities. Request: Code of Virgmia ~ 18.2-308.1 prohibIts the possession of firearms and other delineated weapons on school property. The City requests that the General Assembly enact a similar statute that would prohibIt weapons on the premises of any Mental Health or Mental Retardation and Substance Abuse facility that is operated by a governmental entIty, except when such weapons are in the possession of licensed security personnel or law enforcement officers. Page 12 Fillal for City COllllcil Adopt lOll-October 28. 2008 9. ALLOW VRS TO ADMINISTER THE OTHER POST EMPLOYEE BENEFITS (OPE B) TRUST Patti Phillips Department Director Department of Finance Background Information: The 2007 General Assembly adopted SB789 which allows localities, school divisions, and certain political subdivIsions to establish local trusts to fund post employment benefits other than pensions (OPEB). The original bill mcluded the option of having VRS set up an OPEB trust for localitIes, but thlts provision was stricken upon final passage. VRS was amenable to taking on this task. It is still a good Idea for VRS to take on this role so that the trusts can be professIOnally managed. Request: The City requests that the General Assembly amend the Code of Virgmia by adding m Chapter 15 of Title 15.2 an article numbered 8, consisting of ~~ 15.2-1544 through 15.2-1549 to mclude the establishment and management of a pooled OPEB trust fund for localities by VRS. Page 13 Final tor City CUllllcill\doptloll-October 28. 2008 II 10. FOUR YEAR STATE-SUPPORTED COLLEGE IN VIRGINIA BEACH Marcy Sims Department Director Department of Public libraries Background Information: City Council has consistently been on record requestmg a four year State-supported universIty be created withm the City of Virginia Beach. Request: The City recommends that the General Assembly investigate this request eIther through a study done by the State Council of Higher Education (SCHEV) or some other agency addressing of this issue. Page 14 Final tor City Council AdoptIon-October 28, 2008 11. CAPTURE OF SALES TAX FROM TOURISM RELATED VENUE James Spore City Manager Office of the City Manager Background Information: A number of localities, starting wIth Roanoke in 1995, have received authority from the General Assembly to capture a portion of the sales tax generated in a specIfic public facility such as an auditorium, a coliseum, a conventIOn center, or a conference center. These jurisdictions which now mclude Norfolk, Richmond, Hampton, Newport News, Portsmouth, Salem, Staunton and Suffolk can retain 3 Y2 % of the 5% sales tax generated wIthin a designated facility to pay debt service. Virginia. Beach wishes to receive thIS authority for a similarly defined project. Request: The City requests that the General Assembly amend ~ 58.1-608.3 to add Virgmia Beach to the localities that aln~ady have this authonty. Page 15 Final for City Council Adoptlon-Octuber 28. .2008 I;, 12. ASSESSMENT FOR COURTHOUSE CONSTRUCTION, RENOV AnON OR MAINTENANCE Catheryn Whitesell Department Director Department of Management Services Background: The legislation enabling localities to assess a fee for courthouse construction, renovation or mamtenance in cIVil and criminal cases was enacted by the General Assembly in 1990. The maximum fee amount of $2 has not been increased since then. An increase in the fee from $2 to $10 would provIde the City more than $550,000 a year. ThIS money could be used to fund . maintenance of existmg facilitIes or debt service for new facilities such as the much-needed Jail annex. Request: The City requests the General Assembly amend the Code ofVirgill1a ~ 17.1-281 increase the fee from $2 to $10. See Appendix Item 12 (page 37) for text ofthe requested legislatIve change. Page 16 Final for City COllncil AdoptIOn-October 28. 2008 13. SMOKE F'REE RESTAURANTS City Council City of Virgtma Beach Background Information: City Council requests the General Assembly to eIther prohibIt smoking in restaurants statewide or adopt enabling legislation that would allow localities to prohibIt smoking in restaurants. The City Council supports this legislation in the interest of public health, not only for the citizens who might wish to go to a smoke free establishment, but also for hospitality workers who are exposed to second-hand smoke in a smoking establishment. ' Request: The City requests that the General Assembly prohibIt smoking in restaurants stateWIde or enact legIslation to enable localities to prohibit smoking in restaurants. Page 17 Final for City COllncil AdoptIon-October 28. 2008 14. EXPAND DEFINITION OF FIREARMS TO INCLUDE REPLICA AND GAS & AIR WEAPONS Jim Wood City Council Member Background Information: There have been mcreasing instances in WhICh Police officers have responded to situations where an individual was usinglbrandishmg a "replica" firearm. These are instruments that are SImilar m appearance to conventIOnal firearms but are toys or air- or gas-operated weapons. Many of these instruments look so much like pistols or revolvers that a reasonable observer could conclude that the instruments are firearms. Request: The City requests that the General Assembly amend the state code to expand the definition of firearms in the sections relating to concealed carrying (~18.2-308), possession on school property (~18.2-308.1), possessIOn/transportation by a felon (~18.2-308.2) and use/display of firearm in the commISSIOn of a felony (~18.2-53 1) to include replica weapons and air- or gas-operated weapons. These requested changes may prompt the General Assembly's LegislatIve Services DiviSIOn to revise Virginia Code ~ 15.2-9154. That code section authonzes localities to regulate the use of "pneumatic guns," whIch is defined therein as "any implement, designed as a gun, that will expel a BB or pellet by actIOn of pneumatic pressure." See Appendix Item 14 (pages 38-41) for text of the requested legIslatIve changes. Page 18 Final for City Council Adoption-October 28.2008 15. EXPAND TREE PROTECTION LEGISLATIVE AUTHORITY FOR CONSERVATION DURING LAND DE VELOPMENT PROCESS TO INCLUDE OTHER LOCALITIES City Council City of Virginia Beach Background: A regIOnal Ecosystem AnalysIs of the Chesapeake Bay Watershed, sponsored by USDA, and AmerIcan Forests, recommends developmg urban canopy goals to a 40% canopy overall. The City's current Appendix E, Tn:e Plantmg, PreservatIon and Replacement Ordinance, limIts Virgmla Beach's reqUIrement to a sliding scale that ranges from I % to 6% of canopy, depending upon the lot sIze m reSIdentially zoned areas. In additIon, street trees are reqUIred m conjunction WIth new reSIdentIal . subdiVISIOns. Non-resIdentIal tree plantmg reqUIrements are established on a case-by-case basIs through the proVISIOns outlined m Section 5A Parkmg Lot and FoundatIOn Landscapmg, of Appendix C, Site Plan Ordinance. ColkctIvely, these limItatIOns can be only be exceeded by encouragmg conservation, reforestation, plantmg on public property, and by encouragmg prIvate plantmgs. DUrIng the 2008 General Assembly seSSIOn, legIslation was adopted (HB 1437) prOVIding that localities m Northern Virgulla may, by ordinance, reqUIre conservation of trees durmg the development process. The bill also proVIdes that the tree conservatIOn ordinance may reqUIre that the site plan for any subdiVISIon or devdopment prOVIde for the preservation and replacement of trees on the development sIte such that the mmunum tree canopy or tree cover percentage 20 years after development IS projected to be as follows: (i) 10 percent tree canopy for a sIte zoned bus mess, commercIal, or mdustrIal; (ii) 10 percent tree canopy for a reSIdential sIte zoned 20 or more UllltS per acre; (iii) 15 percent tree canopy for a reSIdential sIte zoned more than eIght but less than 20 UllltS per acre; (iv) 20 percent tree canopy for a reSIdential sIte zoned more than four but not more than eIght units per acre; (v) 25 percent tree canopy for. a reSIdential site :zoned more than two but not more than four units per acre; and (vi) 30 percent tree canopy for a resldlentlal sIte zoned two or less UllltS per acre. Finally, the bill mandates that any tree conservation ordinance proVIde for certam deVIatIOns from the canopy reqUIrements. The urban forestry needs and goals of all mUOlclpalittes are SImilar, as outlined by the Virgmla Department of Forestry With amendments to the enabling legIslatIOn to allow alllocalittes to Implement tree conservatIon ordinances such as Northern Virgmla, local governments will be able to tailor ordinances to spt:clfic local reqUIrements. The VirgmIa Urban Forest Council supports such an amendment. Expanding tree protection legIslative authority enables the City to move forward toward accomplishmg Green Ribbon CommIttee recommendatIOns and to contmue to ramp up our sustamability/Go Green V A IllItIatIves. Request: The City requests the General Assembly amend VirgmIa Code S 15.2-961.1 to proVIde that all localities, not Just Northern VirgmIa, may Implement the above outlined reqUIrements, elimmatmg the "non attamment area for aIr quality purposes" proVISIon that IS currently m the adopted legIslatIOn for Northern Virgmla localities. Page 19 Final for City Council AdoptIon-October 28.2008 II. 16. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT Virginia Beach Human Rights CommissIOn Background: The Virginia Human Rights Act (Va. Code ~ 2.2-3900 et seq.) currently prohibits discnmination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marItal status, or disability. The City of Virginia Beach has prohibited the aforementIOned since 1994. Request: The City requests that the General Assembly amend the Virginia Human Rights Act to also prohibit discrimination based on sexual orientation. Page 20 Final for City COllncil ^doptlon-October 28. 2008 17. REVISE CHESAPEAKE BA Y REGULATIONS TO INCLUDE WATER FEATURES LIKE POOLS AND BMP's AS PERMEABLE SURFACES City Council City of VirKlma Beach Background: Title 9, Chapter 10 of the Virgill1a Administrative Code sets forth the regulations governing the implementation and administration of the Chesapeake Bay Preservation Act (Sections 10.1-2100 through 10.1-2112 ofthe Code of Virginia). Section 120 and 130 of Chapter 10 establish General Perfonnance Cntena and Development Criteria for Resource Protection Areas. It is the position of the staff of the Department of Conservation and Recreation and the Chesapeake Bay Local Assistanc{: Board that the surface area of swimmmg pools and BMP's be considered as impervIOUS surfaces to fully comply with the intent of these regulations. The City is of the opinion that the surface area of SWImming pools and BMP's in effect accomplish water quality protection by reducing the amount of runoff withm the Chesapeake Bay Preservation Area and therefore should not be conSIdered as impervious for the purpose of calculatmg storm water runoff. Request: The City requests the General Assembly adopt a resolutIon requesting that the Virgmia Department of Conservation and RecreatIOn and the Chesapeake Bay Local Assistance Board amend Title 9, Chapter 10 of the Virginia Administrative Code to speCIfy water features like pools and BMP's are considered as permeable surfaces for the purpose of calculating stormwater runoff. Concum~ntly, City staff IS also contmuing efforts to attempt to address this Issue by reachmg a mutually acceptable position that will negate the need for a regulatory change through ongoing negotiatIons WIth the staff of the Virginia Department of Conservation and recreatIOn, DIviSIOn of Chesapeake Bay Local ASSIstance, and WIth representatIves of the local development commumty Page 21 Final for City COllncil Adoption-October 28. 2008 CITY OF VIRGINIA BEACH 2009 FUNDING ITEMS The City Council of Virginia Beach recognizes the Commonwealth, as well as the City, are facing very difficult and trying fiscal realities. Nevertheless, the City Council is including these requests for funding to the Commonwealth for non-state agencies, as well as State responsibilitIes that are under funded. Many of these requests are long standing, others are new; all merit funding by the Commonwealth when resources are available. Page 22 Fillal for City Council AdoptIon-October 28.2008 1. VIRGINIA AQUARIUM & MARINE SCIENCE CENTER-OCEAN IN MOTION AQUARIUM TRUCK Lynn Clements Department Director Museums Background Information: The VirgInIa Aquanum & Manne SCience Center requests $900,000 to support the Ocean In Motion program, wh\C:h carnes manne sCience education to schools and festivals across the Commonwealth of VirgInia. The current Ocean In MotIOn aquanum truck has been brIngIng live manne ammals and mteractive programmIng to students SInce 200 I. In that time, we have reached 175,377 students from the Coastal PlaIn to the far reaches of southwest VirgmIa. In 2006 alone, Ocean In Motion traveled to more than 55 VirgInIa Cities across 21,900 miles to VISit 75 schools and 25,213 students. As we face new environmental challenges such as global warmIng, schools must have resources such as Ocean In .Motion to enhance their sCience curnculum and Inspire future sCientists. We proVide an expenence that no textbook can duplicate - sea stars and horseshoe crabs to touch m the classroom and natIve fishes to watch aboard the truck. Without thiS type of expenentIallearnIng, students do not build emotIonal connectIons to the Bay and ocean, only mtellectual ones. According to RIchard Louv In hiS book Last Child In the Woods: Saving Children from Nature DefiCit Disorder, IndiViduals With emotIonal connections to the environment are the ones most likely to develop a strong stewardship ethiC. ThiS funding would allow Ocean In MotIOn to contInue as a key educational component for fostenng stewardship of the Chesapeake Bay and the ocean In our young people. ThiS traveling aquanum allows Aquanum educators to reach students who might not have the opportumty to see the ocean or the Chesapeake Bay In person. ThiS expenence IS cntical to developIng "Bay and ocean literacy" In our citIzens. Ocean literacy IS an understanding of the ocean's InflUi~nce on you and of your mfluence on the ocean. If you are ocean-literate, you understand how the ocean functions, can commumcate about the ocean In a meanIngful way, and are able to make Informed deCISIOns about the ocean and ItS resources. ThiS concept was developed In 2004 by 100 ocean sCience and education profeSSIOnals under the gUIdance of The National GeographiC Society and NOAA. The work addresses the state of ocean and aquatic sCience In the classroom: It IS one of the most "under-taught" subjects In K-12. The current reality IS that citizens are not properly educated to deal With Issues related to the ocean and to the Chesapeake Bay, both of which are Important resources to the state. Request: The VirgInia Aquanum IS askIng the General Assembly for $900,000 to: . purchase Ii replacement Ocean In Motion vehicle outfitted with state-of-the art aquanums; . upgrade the vehicle's onslte "dockIng" facilities; . expand the holding systems for manne species used In outreach; . And support the staffing cntIcal to the success of the program. Mileage and salt water have started to take their toll on the eXisting vehicle, which will need to be replaced wlthm two years. We will add a large "truck port" to protect the vehicle from the elements and proVide shelter for staff dOIng weekly maIntenance. We plan to Increase the number of ammals carned aboard the truck and will need additIonal holding space for them In our upcomIng Manne Ammal Care facility Finally, the success of the program hInges on haVIng qualified staff to coordinate With schools, conduct the programs, handle routIne vehicle maIntenance, and proVide care to the ammals and life support systems. Page 23 Final for City Council Adoption-October 28.2008 2. VIRGINIA BEACH CONVENTION CENTER FUNDING James Ricketts Department Director Convention & Visitors Bureau Background Information: In January 2007, the City of Virginia Beach completed the new and award winning Virgmia Beach Convention Center. The new facility replaced the obsolete Pavilion Convention Center. The old center had a total of 188,000 square feet and lacked the amenities essential for today's meeting planners. The new facility has a total of 516,000 square feet. This includes 150,000 square feet of exhibitIOn space, over 31,000 sq. ft. of ballroom space and approximately 29,000 sq. ft. of meetmg space. The total cost of the facility is $202,571.000.00 The new convention center IS putting Virginia on the map as a viable convention state. According to the Feasibility Study conducted by PricewaterhouseCoopers, the Commonwealth will realize the following economic benefits: Incremental tax revenues (in 2002 dollars) $1.2 to $2 million annually, between 900 - 1,500 additional Jobsand between $27 7 million - $44.8 million m incremental direct expenditures new to the Commonwealth (not a transfer from other localities m the Commonwealth). The economic Impact for Hampton Roads is $50.5 million to $79.3 million in incremental direct expenditures and between 1,700 and 2,700 new jobs. This is in additIOn to the $2.1 million mcremental tax revenue to the City of Virginia Beach, $97 million m Sales and 1,900 additIOnal Jobs. Request: The General Assembly IS requested to provide the remamder of the $10 million, beyond what has been appropriated. This is m keeping with the benefits to the Commonwealth based on the amount of state tax revenue that will be generated from the new facility over a ten-year period and the precedent set m State funding aSSIstance prOVIded to the RIchmond Convention Center. Page 24 Final for City Council AdoptIOn-October 28.2008 COMMONWEALTH OF VIRGINIA 2009 FUNDING ITEMS 1. SUPPORT FOR REGIONAL PLAN FOR GEROPSYCHIATRIC SERVICES Bob Monn Department Director Human Services Background Information: Over the past several years, Eastern State Hospital has been undergoing a transformation from a nearly 500 bed hospital to a planned 300 bed facility In 2006, plans for the demolitIOn of the existIng hospital and reconstructIOn of two new and smaller facilitIes were announced. The first phase of the project was to rebuild Hancock GerIatrIC Unit into a 150 bed facility, resulting in a loss of approximately 70 beds. The new Hancock GerIatric Unit opened on 4/1/08. The resulting loss of capacity for long term Inpatient services for this fragile and grOWIng population has led the Executive Directors in Health Planning Region V (HPR V represents CSB's of ColOnIal, Chesapeake, Eastern Shore, HamptonlNewport News, Middle Peninsula, Norfolk, Portsmouth, Virginia Beach, and Western Tidewater) to research and assess the system of services that would be necessary to serve thiS population In a community setting. In early 2007" a task force was created to develop strategic recommendations for a regional plan for geropsychIatric services in HPR V. Older Americans are the fastest growmg segment of the population in the natIOn. In 2000, persons over the age of 65 made up 12.4% of the populatIOn. By 2030, thiS number is estImated to be 25% (representIng over 70 million AmerIcans). Virginia's seniors are grOWIng at a more rapid rate and are expected to reach the 25% level by 2025 The assumptions used in development of the proposed services recognIze that agIng in place in the least restrictive environment is preferable and that in order to assure good stewardship of the resources, consistent service outcomes and cost effective treatment must be provided. The task force researched existing statistical data, current services, service gaps, and documented need to develop a comprehensive system of care to meet the needs of the agIng population in the region. There were a number of stakeholders, public and private, facility and community based, including service recipients and caregivers that contributed to the Identification of service needs that were included in the plan. The resultmg document outlines a contInuum of care including inpatient, skilled nurSIng care, nursing home care, assisted living, adult foster care, respite, intensive outpatient, partial hospitalization, day treatment and support options, mobile outreach and triage, case management, and workforce development and traIning. (A copy of the complete plan IS available upon request.) The proposed services are set up In a menu format that allow for maximum effiCiency and placement across the region and can be funded m a Iphased approach if necessary. The total funding request IS $7,371,578. This is excluding antIcipated fees to cover remaIning costs. Request: During the last General Assembly Session, there was a Budget Amendment submitted that would have provided substantial funding towards "more fully funding" systems of care m HPR V and In Page 25 Final for City Council AdoptIOn-October 28. 2008 the Northern Virginia area (HPR II), and for funding the development of systems of care in the remaining 5 regions of the state. Support is requested for resubmission of a budget amendment to provide the proposed services as outlined in the HPR V Regional Plan for Geropsychiatric ServIces. 2. SUPPORT FOR ADDITIONAL STATE GENERAL FUND DOLLARS FOR MENTAL HEAL TO AND MENT AL RETARDATION Bob Morm Department Director Human SerVices Background Information: There continues to be substantial need in the commull1ty for mental health, mental retardation and substance abuse services, as evidenced by growmg waiting lists for community-based care. There also continues to be substantial needs in child- care, housmg, employment, health care, and transportation for low income and disabled families. Seniors represent the fastest growing underserved population in Virginia. DHS staff, along WIth representatIves from other CSB's in the region has recently completed a system of care plan for geropsychIatnc services that will help to address the unmet needs of sell10rs who will no longer be able to be served m a downSIzed Hancock Geriatric Center at Eastern State Hospital. (Copy of the full plan is available upon request). Request: The City of Virgmia Beach is requesting that the General Assembly fully fund the mental health, mental retardation, and substance abuse system to meet the needs of children and adults on waiting lists for services. Funding is also requested to meet the needs of low- mcome families to include child-care, affordable housing, employment, health care, and transportatIon. AdditIOnally, the City requests that funds be made available to adequately cover the cost of building community capacity as a result of downsizing Eastern State HospItal and Hancock Geriatric Unit. Specifically, funding IS requested for the HPR V RegIOnal Plan for GeropsychIatric ServIces. The total cost of the plan is $7.3 million dollars. It is designed in a menu format that will allow for a phased in funding approach. Page 26 Final for City Council AdoptIOn-October 28. 20G8 3. FUNDING FOR PUBLIC HEALTH SERVICES Venita Newby-Owens, M.D., M.P.H. Department Director Department of Health Background Information: Costs to provide much needed servIces have steadily increased in Virgill1a Beach for public health. Thes,e include not only the traditIOnal services to indigents but also servIces such as vector control, identification of West Nile Virus, and weapons of mass destruction. The dollars provided by the Commonwealth have become more inadequate over the years and the dispanty between Virginia Beach per capita funding for public health care is woefully inadequate compared to other cItIes. In order to improve child health and school readiness and preventmg child abuse and neglect, equalized funding is requested. Request: The General Assembly IS requested to fully fund the Virgmia Beach Public Health Department ~md equalize funding for Virginia Beach on a per capita baSIS to match Norfolk and Portsmouth. Page 27 Final for City Council AdoptIon-October ~8. ~008 4. SANDLER CENTER FOR THE PERFORMING ARTS Emily Spruill Cultural Arts Coordinator Office o/Cultural Affatrs Background Information: The Sandler Center for the Performing Arts, a professional-quality 1300-seat, 84,000 square- foot facility, is the cultural centerpiece of Virginia Beach, located at the core of the City's emergmg Town Center. Opened in November 2007, the Center has enlarged spaces for performances, public and performer support and give the opportunity to expand the type and diversity of the performing arts programs m Hampton Roads and the State ofVirgmia. The $47 million facility, built under the General Assembly's PPEA process, has a full range of amenities, meeting the needs of today and tomorrow. As a tangible demonstration of theIr commitment, the Virginia Beach City Council dedicated $35 million of City funds to the project. Fundraising for capital and an endowment fund is being led by the Virginia Beach Performmg Arts Center Foundation, a non-profit orgall1zation spearheaded by some of the City's top civic and business leaders. The Sandler Center for the Performing Arts will have a dramatic impact to the State of Virginia's tax base, generatmg over $2.2 million for the construction phase and $35,500 in annual State tax revenue. We ask the State to strengthen its commitment and investment to the future of thIS cultural landmark and to the City as a whole, by appropriating $300,000 for. the operations of the Center. The new location at the excitmg Town Center development has become a defining asset for social development for the City and Hampton Roads. It is a focal point for social activities from educatIOn to the arts and entertaInment and illustrates the region's dedication to furthering the cultural life of Its citizens. Request: The General Assembly is requested to appropriate $300,000 for the operations of the Sandler Center for the Performing Arts. Page 28 Fina! for City Council AdoptIon-October 28. 2008 5. FUNDING FOR THE VIRGINIA TOURISM CORPORATION John Uhrm City Council Member Background Information: The tourism industry plays an integral role m the Commonwealth's economy. Travelers spent $18.7 billion, which generated $1.2 billion m State and local tax revenue in 2007 This spending accounts for over 210,000 Jobs m Virginia. The City of Virgmia Beach is greatly concerned over recent discussions regarding the possible further reductions of the budget for the Virginia Tounsm Corporation (VTC). The VTC budget has already decreased over the past five years where many of our direct competitor States have mcreased their marketing budget. Further budget cuts would have a serious negatIve impact on tounsm and Its related tax revenue. It's Important to note that the general fund dollars devoted to VTC marking those efforts unlike most other State expenditures generate a strong return on investment yielding a $5,00 return for every dollar invested. Request: The City of VirgInia Beach encourages the General Assembly to preserve and enhance, when possible, the Virginia Tourism CorporatIOn's current budget and further develop a long-term sustainable funding source for theIr marketing budget in order to protect thIS VItal industry. 6. SUPPORT FOR INCREASED FUNDING FOR THE GOVERNOR'S OPPORTUNITY FUND City Council City of Virginia Beach Background Information: The General Assembly has for many years had a line Item m the budget appropriatmg funds for the Govemor's Opportunity Fund (GOF). ThIS fund, also known as the "Deal-Closing" Fund, prOVIdes loans and grants to political subdivisIOns for economic development purposes. These can be used for public or private utility extensions, capaCIty development for on or off SIte railroad or other transportation costs, site acquiSItion, trainmg, etc. The City of Virginia Beach has used the GOF over the last five years to leverage over $237 million in new capItalm.vestment. This investment created over 2,392 high paying Jobs. In the current fiscal year, $7.6 million is appropriated and $7.5 million has been appropnated m the second year. The City Council desires to have these amounts at least doubled so that more funds can be available to assist local governments like Virginia Beach. The increase m this fund is partIcularly Important this time, In as much as the General Assembly has earmarked large amounts of the funds available to be deposited to the semiconductor memory or logic wafer Page 29 final for City Council Adoption-October 28.2008 manufacturing performance grant program. Other earmarks have also reduced the amount of money available for economic development generally throughout the Commonwealth. Request: The General Assembly is requested to increase, by at least 100%, the amount of funds appropriated to the Governor's Opportunity Fund or "Deal-Closing" Fund. This will allow jurisdictions like Virgill1a Beach to leverage local and private dollars to greatly facilitate economic development growth WIthin the Commonwealth. Page 30 Final for City Council AdoptIon-October 28_ 2008 APPENDIX: DRAFTS OF PROPOSED LEGISLATION - KEYED TO REQUESTED CODE CHANGES Page 31 Final for City COllllcil AdoptIon-October 28. 2008 LEGISLATIVE ITEM 1 ARREST OR ISSUANCE OF A SUMMONS BY AN OFFICER BASED ON THE OBSERVATIONS OF A DIFFERENT OFFICER Chief A.M Jacocks Department of Police ~ 19.2-81. Arrest without warrant authorized in certain cases - The following officers shall have the powers of arrest as provided m this section: 1 Members of the State Police force of the Commonwealth, 2. Shenffs of the various counties and cities, and theIr deputIes, 3. Members of any county police force of any duly constituted police force of any CIty or town, 4. The CommissIOner, members and employees of the Manne Resources Commission granted the power of arrest pursuant to ~ 28.2-900, 5. Regular game wardens appointed pursuant to ~ 29.1-200, 6. Ull1ted States Coast Guard and United States Coast Guard Reserve commIssioned, warrant, and petty officers authorized under ~ 29.1-205 to make arrests, and 7. The special policemen of the counties as provided by ~ 15.2-1737, proVIded such officers are in uniform, or displaymg a badge of office. Such officers may arrest, wIthout a warrant, any person who commits any crime in the presence of the officer and any person whom he has reasonable grounds or probable cause to suspect of having committed a felony not m his presence. Such officers also may arrest, without a warrant, any person who commits any misdemeanor or traffic infraction as defined by the State Code, or similar local ordinance, if the officer has received a radio message from another officer who observed the violation with or without the assistance of a camera or similar device. Such radio message shall have been dispatched immediately after the alleged offense was observed and positive identification of tile alleged offender is provided to tile arresting officer. Tile arresting officer shall then proceed as if the offense was committed in his presence in accordance with ~ 19.2-74. If a summons is issued in lieu of an arrest, the names of both the arresting officer and the observing officer shall be included on the summons. Page 32 Final for City Council AdoptIon-October 28. 2008 LEGISLATIVE ITEM 2 ISSUANCE OF A WARRANT IN A nUl CASE BY AN OFFICER BASED ON THE OBSE:RV A T10NS OF THE ARRESTING OFFICER Chief A.M Jacocks Department of Police ~ 19.2-81. Arrest without warrant authorized in certain cases. The following officers shall have the powers of arrest as provided m this section: 1. Members of the State Police force of the Commonwealth; 2. Shenffs of the various counties and cities, and their deputies; 3. Members of any county police force or any duly constituted police force of any city or town of the Commonwealth; 4. The Commissioner, members and employees of the Marine Resources Commission granted the power of arrest pursuant to ~ 28.2-900; 5. Regular conservatIon police officers appomted pursuant to ~ 29.1-200; 6. United States Coast Guard and Ull1ted States Coast Guard Reserve commIssioned, warrant, and petty officers authorized under ~ 29 1-205 to make arrests; 7 The specllll policemen of the counties as provided by ~ 15.2-1737, provided such officers are in unifonn, or displaying a badge of office; and 8. Conservation officers appomted pursuant to ~ 10.1-115 Such officers may arrest, without a warrant, any person who commIts any cnme in the presence of the officer and any person whom he has reasonable grounds or probable cause to suspect of having commItted a felony not in his presence. Any such officer may arrest without a warrant any person whom the officer has probable cause to suspect of operating in /,is presence either a vehicle while intoxicated in violation of 18.2-266, 18.2-266.1, 18.2-272, or 46.2-341.24; or a watercraft or motor boat (i) while intoxicated m VIOlation of subsection B of ~ 29.1-738 or (ii) in VIolation of an order issued pursuant to ~, 29.1-738.4.; in his ]Jl'esence, 8nd may thereafter transfer custody of the person suspected of the violation to another officer, who may obtain a warrant based upon statements made to him by the arresting officer. Page 33 FillJl for City Coullcil AdoptIon-October 28.2008 Any such officer may, at the scene of any accident involvmg a motor vehicle, watercraft as defined in ~ 29.1-712 or motorboat, or at any hospItal or medical facility to which any person involved m such accident has been transported, or in the apprehension of any person charged with the theft of any motor vehicle, on any of the highways or waters of the Commonwealth, upon reasonable grounds to believe, based upon personal investigation, including information obtamed from eyewitnesses, that a crime has been committed by any person then and there present, apprehend such person without a warrant of arrest. In additIOn, such officer may, within three hours of the occurrence of any such accident involving a motor vehicle, arrest without a warrant at any location any person whom the officer has probable cause to suspect of driving or operating such motor vehicle while intoxicated m violation of ~ 18.2-266, 18.2- 266.1, 46.2-341.24, 18.2-272, or a substantially similar ordinance of any county, CIty, or town m the Commonwealth. Page 34 Final for City Council Adoption-October 28.2008 LEGISLATIVE ITEM 3 nUl COST RECOVERY PROGRAM Chief A.M Jacocks Department of Police ~ 15.2-1716. Reimbursement of expenses incurred in responding to DUI incidents and other traffic incidents. A. Any locality may provIde by ordinance that a person convicted of violatmg any of the following provlSlons shall be liable for restitution at the time of sentencmg or in a separate civil action to the locality or to any responding volunteer fire or rescue squad, or both, for reasonable expenses incurred by the locality for responding law enforcement, firefightmg, rescue and emergency services, including by the sheriffs office of such locality, or by any volunteer fin~ or rescue squad, or by any combmation of the foregomg, when providing an appropriate emergency response to any aCCIdent, incident related to such violation or the arrest o/the .individual/or such violation. 1. The provisions of ~ 18.2-51 4, 18.2-266, 18.2-266.1, 29.1-738, 29.1-738.02, 18.2-272 or a similar ordinance, when such operatIOn of a motor vehicle, engine, train or watercraft while so Impaired is the prOXImate cause of the accident or inCIdent; 2. The proviSIOns of ArtIcle 7 (~ 46.2-852 et seq.) of Chapter 8 of Title 46.2 relating to reckless driving, when such reckless driving is the proXImate cause of the accident or incident; 3. The provisions of Article 1 (~ 46.2-300 et seq.) of Chapter 3 of Title 46.2 relating to dnving WIthout a license or driving with a suspended or revoked license; and 4. The provlSlons of ~ 46.2-894 relatmg to improperly leavmg the scene of an accident. B. Personal liability under this section for reasonable expenses of an appropnate emergency response shall not exceed $1,000 in the aggregate for a particular aCCIdent or mcident occurring in such locality In determinmg the "reasonable expenses," a locality may bill a flat fee of $250 or a mmute-by-minute accounting of the actual costs mcurred. As used m thIS sectIOn, "appropriate emergency response" mcludes all costs of proVIding law-enforcement, fire-fighting, rescue, and emergency medical servIces. The court may order as restitutIOn the reasonable expenses mcurred by the locality for responding law enforcement, fire-fighting, rescue and emergency medical services. The provisions of thIS sectIOn shall not preempt or limit any remedy available to the Commonwealth, to the locality or to any volunteer rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not mvolving impaIred dnvmg, operation of a vehIcle or other conduct as set forth herein. Page 35 Final tor City Council AdoptIon-October ~8. 2008 LEGISLATIVE ITEM 4 RAISE ACCIDENT REPORT DAMAGE THRESHOLD TO $2500 ChIef A.M Jacocks Department of Police ~ 46.2-373. Report by law-enforcement officer investigating accident. Every law-enforcement officer who in the course of duty investigates a motor vehicle accident resultmg m injury to or death of any person or total property damage to an apparent extent of $.J.()f)I) $2500 or more, eIther at the time of and at the scene of the accident or thereafter and elsewhere, by mtervIewing participants or witnesses shall, within' twenty-four hours after completing the investigation, forward a written report of the accIdent to the Department. The report shall include the name or names of the insurance carrier or of the insurance agent of the automobile liability policy on each vehicle involved m the accident. Page 36 Final for City COllncil Adoption-October 28. 2008 LEGISLATIVE ITEM 12 ASSESSMENT FOR COURTHOUSE CONSTRUCTION, RENOVATION OR MAINTENANCE Catheryn Whitesell Department Director Department a/Management Services ~ 17.1-281. Assessment for courthouse construction, renovation or maintenance. Any county or CIty, through its governing body, may assess a sum not m excess oftwe ten dollars as part ofthe costs in (i) each cIvil actIOn filed m the district or circUIt courts located within its boundaries and (ii) each cnmmal or traffic case in its district or CIrcuit court m which the defendant is charged wIth a violation of any statute or ordinance. The total assessments authorized by any county or city in a cIvil actIOn pursuant to this section and ~ 42.1-70 shall not exceed four dollars. Ifa town prOVIdes court facilities for a county, the governing body of the county shall return to the town a portion of the assessments collected based on the number of civil, criminal and traffic cases onginating and heard m the town. The imposition of such assessment shall be by ordinance of the governing body whIch may proVIde for different sums in CIrCUIt courts and district courts. The assessment shall be collected by the clerk of the court m whIch the action is filed, remitted to the treasurer of the appropnate county or city and held by such treasurer subJect, to disbursements by the governmg body for the construction, renovation, or maintenance of courthouse or jail and court-related facilitIes and to defray mcreases in the cost ofheatmg, cooling, electricity, and ordinary maintenance. The assessment provided for herem shall be in addition to any other fees prescribed by law The assessment shall be required m each felony, misdemeanor, or traffic infraction case, regardless of the eXIstence of a local ordinance requiring its payment. Page 37 Final for City Council Adoption-October 28.2008 LEGISLATIVE ITEM 14 EXPAND DEFINITION OF FIREARMS TO INCLUDE REPLICA AND GAS & AIR WEAPONS Jim Wood City Council Member ~ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or mtended to propel a missile of any kmd by actIOn of an explosIOn of any combustible material or any air or gas operated weapon or any object similar in appearance; (ii) any dirk, bowie knife, switchblade knife, ballistIc knife, machete, razor, slingshot, spring stick, metal knucks, or blackJack; (iii) any flailing mstrument consisting of two or more rigid parts connected m such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fightmg chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which IS designed to be thrown or propelled. and which may be known as a throwmg star or onental dart; or (v) any weapon of like kind as those enumerated m thIS subsection, he shall be guilty of a Class I misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantIally SImilar ordinance of any county, city, or town shall be pUll1shable as a Class 6 felony, and a third or subsequent such violation shall be pUll1shable as a Class 5 felony For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it IS observable but is of such deceptive appearance as to disguise the weapon's true nature. ~ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited. A. If any person possesses any (i) stun weapon as defined in this sectIOn; (ii) knIfe, except a pocket knIfe havmg a folding metal blade of less than three inches; or (iii) weapon, mcluding a weapon of like kmd, deSIgnated in subsection A of ~ 18.2-308, other than a firearm; upon (a) the property of any public, private or religious elementary, mIddle or hIgh school, including buildings and grounds; (b) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activitIes while such functIons or activitIes are taking place; or (c) any school bus owned or operated by any such school, he shall be guilty of a Class 1 misdemeanor. B. If any person possesses any fireann designed or Intended to expel a proJectile by action of an explOSIOn of a combustible material or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to Page 38 Fill<ll tor City Coullcill\doptloll-October ~8. ~008 reasonably induce fear in the mind of another while such person is upon (i) any public, private or religious elementary, middle or high school, including buildings and grounds; (ii) that portion of any property open to the public and then exclusIvely used for school- sponsored functions or extracurricular actiVItIes while such functions or activities are taking place; or (iii) any school bus owned or operated by any such school, he shall be guilty of a Class 6 felony; however, if the person possesses any firearm within a public, private or religIOus elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person shall be sentenced to a mandatory mill1mum term of Imprisonment of five years to be served consecutIvely with any other sentence. The exemptIOns set out in ~ 18.2-308 shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to (i) persons who possess such weapon or weapons as a part of the school's cUrrIculum or activities; (ii) a person posses-sing a kmfe customarily used for food preparation or servIce and using It for such purpose; (iii) persons who possess such weapon or weapons as a part of any program sponsored or facilitated by eIther the school or any organIzation authorized by the school to conduct its programs either on or off the school premises; (iv) any law-enforcement officer; (v) any person who possesses a knife or blade which he uses customarily in hIS trade; (vi) a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a motor vehlCk, or an unloaded shotgun or rifle in a firearms rack m or upon a motor vehIcle; or (vii) a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parkmg lot, traffic circle, or other means of vehicular ingress or egress to the school. For the purposes of this paragraph, "weapon" includes a knife having a metal blade of three inches or longer and "closed container" includes a locked vehicle trunk. As used in thi s sectIOn: "Stun weapon" means any deVIce that emIts a momentary or pulsed output, which is electncal, audible, optIcal or electromagnetic in nature and which is designed to temporarily Incapacitate a person. ~ 18.2-308.2.. Possession or transportation of firearms, stun weapons, explosives or concealed w~:apons by convicted felons; penalties; petition for permit; when issued. A. It shall be unlawful for (i) any person who has been convicted of a felony; (ii) any person adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder m violation of ~ 18.2-31 or 18.2-32, kidnapping in VIOlation of ~ 18.2-47, robbery by the threat or presentation of firearms in violation of ~ 18.2-58, or rape in violation of ~ 18.2- 61, or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act whIch would be a felony if commItted by an adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the laws of the Commonwealth, or any other state, Page 39 Fina! for City Council AdoptIOn-October 28.2008 the District of Columbia, the United States or any territory thereof, to knowmgly and intentionally possess or transport any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or stun weapon as defined by ~ 18.2- 308.1 or any explosIve material, or to knowingly and intentIOnally carry about his person, hidden from common observatIOn, any weapon described in subsectIOn A of ~ 18.2-308. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by ~ 18.2-308.1. Any person who violates thIS section shall be guilty of a Class 6 felony. However, any person who VIOlates this sectIOn by knowingly and mtentIOnally possessing or transporting any firearm and who was previously convIcted of a violent felony as defined in ~ 17 1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years. Any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convIcted of any other felony within the prior 10 years shall be sentenced to a mandatory mmimum term of imprisonment of two years. The mandatory mIll1mUm terms of imprisonment prescribed for violations of this sectIOn shall be served consecutively with any other sentence. B. The prohibitions of subsection A shall not apply to (i) any person who possesses a firearm, explosive material or other weapon while carrying out his duties as a member of the Armed Forces of the United States or of the NatIOnal Guard of Virginia or of any other state, (ii) any law-enforcement officer m the performance of hIS duties, or (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the ConstItution of Virginia provided the Governor, in the document granting the pardon or removmg the person's political disabilitIes, may expressly place conditions upon the remstatement of the person's right to ShIp, transport, possess or receive firearms. C. Any person prohibited from possessmg, transportmg or carrying a firearm or stun weapon under subsectIOn A, may petition the CIrcuit court of the jurisdictIon in which he reSIdes for a permit to possess or carry a firearm or stun weapon; however, no person who has been convIcted of a felony shall be qualified to petitIOn for such a permIt unless his civil rights have been restored by the Governor or other appropriate authority. The court may, in its discretion and for good cause shown, grant such petItion and issue a permit. The proviSIOns of this section relating to firearms and stun weapons shall not apply to any person who has been granted a permit pursuant to thIS subsection. C1. Any person who was prohibited from possessing, transporting or carrymg explosive material under subsectIOn A may possess, transport or carry such explOSIve material if his right to possess, transport or carry explosive material has been restored pursuant to federal law D. For the purpose of this sectIOn, "explosive material" means any chemical compound mixture, or device, the pnmary or common purpose of which is to function by explosion; the term includes, but IS not limIted to, dynamite and other hIgh explosives, black powder, pellet powder, smokeless gun powder, detonators, blastmg caps and detonating cord but shall not include fireworks or permIssible fireworks as defined m ~ 27-95. Page 40 Final for City Council AdoptIon-October 28. 2008 ~ 18.2-53.1. Use or display of firearm in committing felony. It shall be unlawful for any person to use or attempt to use any pIstol, shotgun, rifle, or other firearm or any air or gas operated weapon or any object similar in appearance, whether capable of bdng fired or not, in such manner as to reasonably induce fear in the mind of another or display SHeil weapoa ia a tllreateaiag maaaer while committing or attempting to commit murder, rape, forcible sodomy, inanimate or animate object sexual penetration as defined in ~ 18.2-67.2, robbery, carjacking, burglary, malicious wounding as defined in ~ 18.2-51, malicious bodily injury to a law-enforcement officer as defined in ~ 18.2-51 1, aggravated malicious wounding as defined in ~ 18.2-51.2, malicIOUS wounding by mob as defim:d in ~ 18.2-41 or abduction. Violation of this sectIOn shall constitute a separate and distmct felony and any person found guilty thereof shall be sentenced to a mandatory minimum tenm of impnsonment of three years for a first conviction, and to a mandatory minimum tenn of five years for a second or subsequent conVIction under the provisions of this section. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any pUll1shment receIved for the commIssion of the primary felony. Page 41 Fillal for City Council AdoptIon-October 28.2008 , 4~6:'\ ~~~~p. lO'l~I" __....\'-P, /0: . . ,~~ 1~\~ i;J .{ ~'(. ,1>",1',) ~:;.~..-: ,"., ~..;~::.o~.y '" " CITY OF VIRGINIA BEACH AGENDA ITEM ..) ITEM: A Resolution AppOinting Dana Harmeyer to the Position of ASSistant City Attorney MEETING DATE: October 28, 2008 . Background: Section 2-166 of the City Code provides that U[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney" . Considerations: The Resolution appoints Dana Harmeyer as an ASSistant City Attorney, effective November 1, 2008. . Recommendations: It IS recommended that City Council adopt the attached resolution. . Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attor~ ' City Manager: \2~. \1~ +- 1 A RESOLUTION APPOINTING DANA HARMEYER TO THE 2 POSITION OF ASSISTANT CITY ATTORNEY 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA. 5 6 That pursuant to g 2-166 of the City Code, Dana Harmeyer IS hereby appointed to 7 the position of Assistant City Attorney, effective November 1, 2008. 8 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of 10 ,2008. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY ;;:;P ~r ~ City Attorney's Office CA 10898 R-1 October 16, 2008 ~. ~+. fl . '- 'l ~~ jJ ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution of City Council approvmg the Issuance of Residential Care Facility Mortgage Revenue Bonds (Westmmster-Canterbury of Hampton Roads, Inc.) Series 2008 MEETING DATE: October 28,2008 . Background: The City of Virginia Beach Development Authority (the "Authority") has conSidered the application of Westmmster-Canterbury of Hampton Roads, Inc. ("Westmlnster- Canterbury"), requesting the Issuance by the Authority of its revenue bonds In an amount not to exceed $15,000,000 (the "Bonds"), to finance the construction of a new parking garage and substantial renovations at Westmmster-Canterbury's residential campus. . Considerations: The matter comes before Council for its approval pursuant to ~ 15.2-4906 of the Code of Virginia, which requires the mUnicipality on whose behalf the bonds of an authority are Issued to either approve or disapprove any financmg recommended by a development authority withm Sixty (60) days of the date of the authority's public hearing. The Authority's public hearing was held on September 16, 2008. Westmmster-Canterbury IS a not for profit assisted living facility prOViding residential care for the aged available to residents of the City · Public Information: The request was duly advertised for a public hearing before the Authority m accordance with the requirements of ~ 15.2-4906 of the Virginia Code. · Recommendation: Approval · Attachments: Location Map Resolution for City of Virginia Beach VBDA Submission to Council Affidavit of Publication & Notice Notice of Public Hearing Record of Public Hearing Development Authority's Resolution Disclosun~ Statement Authority'~~ Statement Fiscal Impact Statement Summary Sheet Letter from Department of Economic Development, dated September 16, 2008 APPROVAL SUBMITTING DEPARTMENT f AGENCY: Development AuthOri~!iZ) CITY MANAGER: ~.~. ~ V:lapplical1onslcltylawprodlcycom321 WpdocslDO 14\P004100069663 .DOC 1 A RESOLUTION OF CITY COUNCIL APPROVING 2 THE ISSUANCE OF RESIDENTIAL CARE FACILITY 3 MORTGAGE REVENUE BONDS (WESTMINSTER- 4 CANTERBURY OF HAMPTON ROADS, INC.) 5 SERIES 2008 6 7 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") 8 has considered the application of Westminster-Canterbury of Hampton Roads, Inc. 9 ("Westminster-Canterbury") for the Issuance of the Authority's Residential Care Facility 10 Mortgage Revenue Bonds, Series 2008 In an amount not to exceed $15,000,000 (the 11 "Bonds") to assist In financing the construction of a new parking garage and substantial 12 renovations to Westmlnster-Canterbury's residential campus (the "Project") at 3100 13 Shore Drive In Virginia Beach, Virginia; 14 15 WHEREAS, The Authority held a public hearing on the Bonds on September 16, 16 2008; and 17 18 WHEREAS, the Authority has requested the City Council of Virginia Beach, 19 Virginia (the "City") approve the Issuance of the Bonds to comply with Section 147(f) of 20 the Internal Revenue Code of 1986, as amended; and 21 22 WHEREAS, pursuant to Section 15.2-4906, Code of Virginia, 1950, as amended, 23 a copy of the Authority's Resolution approving the Issuance of the Bonds, subject to the 24 terms to be agreed upon, and a reasonably detailed summary of the comments 25 expressed at the public hearing, if any, have been filed with the City Council. 26 27 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 28 BEACH, VIRGINIA. 29 30 1 The City Council hereby approves the Issuance of the Bonds by the City of 31 Virginia Beach Development Authority, In a principal amount not to exceed $15,000,000 32 to finance the costs of constructing a new parking garage and substantial renovations to 33 Westmlnster-Canterbury's residential campus located at 3100 Shore Drive In Virginia 34 Beach, Virginia, for the benefit of Westminster-Canterbury of Hampton Roads, Inc. and 35 to the extent required by Section 147(f) of the Internal Revenue Code, to permit the 36 Authority to assist In the financing of the Project. 37 38 2. The approval of the Issuance of the Series Bonds, as required by Section 39 147(f) does not constitute an endorsement of the Bonds or the creditworthiness of 40 Westminster-Canterbury and, pursuant to Chapter 643, Virginia Acts of Assembly of 41 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall 42 be obligated to pay the Bonds or the Interest due thereon or other costs Incident thereto 43 except from the revenues and mOnies pledged therefor, and neither the faith or credit 44 45 46 47 48 49 50 51 52 53 54 55 nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, Including its elected represfmtatives, officers, employees and agents, shall not be liable and hereby disclaim all liability for any damages to any person, direct or consequential, resulting from the Authority's failure to Issue the Bonds for the Project for any reason. ThiS Resolution shall take effect Immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day of CA-10763 V:\applicationslcitytawprodlcyoom32IWpdocsIDO 14IP004100069665. DOC R-1 October 17, 2008 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY' ~----~ / ,/ /~~~/ / /., Y" --- p"- City Attorney's Office ~14~~ Economic Devl310pment 2 Virginia Beach Development Authority Commissioners Donald V. Jellig Chalf Page G. lea Vice Chalf Teresa H. Carrington Secretary Douglas D. Ellis Assistant Secretary Elizabeth A. Twohy Treasurer C. Maxwell Bartholomew, Jr. CommiSSioner Paul V. Michels Commissioner Jerrold L Miller Commissioner Don H. Brockwell CommiSSioner John W. Richardson Commissioner Prescon Sherrod CommiSSioner VI RG I N IA B EAcr;r DEVELOPMENT AUTHORITY October 16,2008 The Honorable Meyera E. Oberndorf, Mayor Members of City Council MUll1CIpal Center VirgmIa Beach, Virgmia 23456 Re: Westmmster-Canterbury Resldentzal Care Facility Mortgage Revenue Bonds Dear Mayor Oberndorf and Members of Council: We submIt the followmg III connectIon wIth the request of Westmmster-Canterbury of Hampton Roads, Inc.' s application for the Issuance of reSIdentIal care facility mortgage revenue bonds m the amount of$15,OOO,000 for the proJect located at 3100 Shore Dnve, VirgmIa Beach, VirgmIa. 1. EVIdence of publicatIOn of notIce ofheanng IS attached as Exhibit A, and a summary of the statements made at the publIc heanng IS attached as Exhibit B. The City ofVirgIll1a Beach Development Authonty's (the "Authonty's") resolutIOn recommending Council's approval IS attached as Exhibit C. 2. The DIsclosure Statement IS attached as Exhibit D 3. The statement of the Authonty's reasons for ItS approval of the Issuance ofthe bonds as a benefit for the City ofVirgmIa Beach and ItS recommendatIon that the City Council approve the bonds described above IS attached as Exhibit E. 4. The EconomIC Impact Statement IS attached as Exhibit F. 5 A summary sheet settmg forth the type of Issue, and IdentIfymg the proJect and the pnncIpals ofthe applicant IS attached as Exhibit G. 6. A letter from the Department of EconomIc Development commentmg on the project IS attached as Exhibit H. 222 Central Park Ave, Suite 1000 . Virginia Beach, Virginia 23462 . ph 757.385.6464 or 800.989.4567 . fax 7574999894 Very truly yours, ~~~ Teresa H. Camngton Secretary THC/AWS Enclosures EXHIBIT A I~.l I I I , H~ I , n!~ r-i I I lIlN r-i , I >Or-i 0 , , III N I I 'O~ , I I::r-i 1 I lilt"- r-i I I rtI I I >... 1 I ~~ H I I 1Il I , ~ , I 1Il~ 1 I .r.:; .., I 1 .., U 1 I CD 0 I I 1::0 I I 00 III I I N Q) I I Q) H 1 I ..,11-I -r! , I RlO ~ + + +.l ~ III 0 ~ , DlH Gl vM ~ ." I 1\l H +.l'O lIlGl H I 'tllll S f-<~f-< +.l OQ) ..,1-1 ~ ..:l I ~>. SHe) 0 e rl:E III Q) 0 ", -r! rl -r! 11I+.l.r.:; (Xl Gl III HZH 'r! g o.+.l 'HIIl H '" >o.s:: 1Il P"H..:l P" I 0 l:: -I-! Q) +.l.j.J -M IC-I~ I ~ >om ~r-l ,. -<-llll.i:: P- 'ri ~ ~ r-l -r! .~,Q GI 111 l'il ,. US:: ~~o. III lI: rl>O "M 0.>: +.l e; Po ~i -.-l 0 'r! ~3 I:: I rl'.-l QJ III ~ I u Z r.. i:: tJ ...q~O:>!:llll!l H -0 .,.j H 0'0 tJ1 III 11-I ,.-l-.-l 1Il . U,) 1 0:<: tJ1 ..:l III H'.-ll-l'tl t: ~ I I:: ~HE-< H ~ Htn ...u:: 0 1::'0 ~ I 'M HOH ..-i 1Il~ :> -.-l Z III ~ GI '0 :>~~ :> 0. o.-.-l tn Ill:>.ri 1 GI W I-I'H . '0 III ,~ rilO QJ r.. -.0 .r.:;-.-lO~nlIllCll I iSZ~ .r:: 0 '0 f-<:> rl-ri I E-< rlH DlO~GI~ I ~ ~ ril lIlGl 'H Q) Gl~-,.j.r:: 'M tJ 'ri-lJ 0,Q.,.jll-l tn.j.J H 'H1l-< e-q) ::s H '0 tJ f-< +.In! ~ -ri ttl..-i +.l Gl O'l U ~ .ri H >.u :> III .r.:; 0 '111 cJ ~.o aJ.o ..r:: tIl -..... P"U rl lIllll'Hf-<-.-l O'l CD -:s ~ 0 i:: u'O.c;~ 0 rl 0 0 Will W~nl ~~ \D 1110. r-i r-iN I:l +.l.r.:; '(\).cl N ~ alN C!l ~lll ON -.-l QJ .ri III I:l A.-lJ A. 0 . r-i I ~~ rtI \0 CD rd rl e :>-ri-ri 1llr-l1\l ........ '" -..... I ~ fx.N ON .r! W 1Ilr-l CIlIllS:: ~. UI I"'l"" Nlll r:1~ g. W .. 'Cl ~ - 1Il Gl-rt 1Il 'tl 0 alaI tIltJO NN -ri r-l H""r! Un)rl Q) Gl I ~gj~~ 00\ tnO U a III 'H A...:! t:1 a .Q +.l I-lJ .-1r-i HII-l lIPI-l.!:l1l-l H 01-< III ~ :~ ><~ ~ ..-ll-< IJGl+.lIlll-! -~Illlll'" :>g ,Q Q) -.c; U rd fIl E-< I -.-I OOIIlH i .... - .s::lIlo.lIl+.lO ,Q ~ ttl .. III-l tJtJ 0 ~ >0'0 4.l ..... III Q) ;':l U .Cl I\J Oz :~ ~~g~ O'H ~(\)1Il A..ria 4.l'Ol-I lI: UO a HOGlm~s -H Q)~ CIl I C H alO Gl III ,Q~ CIl.c:O>: H ~A, I rl ~Or-ilZ; ~ .j.)>, ID I\J Q) tIl Q) A.-lJ U Z Q) H Ii:1II1l III 1Il+.l -.-lPo'(l I:lSHn! aGl @} E-i..:ltl7l +.l ~ +.l-.-l ,QPoIll~ OOGlII-I '5 OH1lIl ~ ttlU f-< III E.-1IllUP,,1Il 0 iij PI E-<r..,..:l .:... .-. Ad lOt! 9252822 _ Date l~9/02l2 008 J Time110:10 AM J N'OTICE OF PUBLIC HEARING ON PROPOSED REVEN UE BOND FINANCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Notico IS hereby given that the City of Virginia Beach Development Authority (the "Authority") will hold a public hearrng on the application of Westminster-Canterbury of Hampton Roads, Inc., a Virginia nonstock, nonprofit corpol'ation (the .Company"), the address and prinCIpal place ofbusine$s of which is 3100 Shore Drive, Virginia Beach, Virginia, 23451, for the Authority to issue, pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the '. Act"), up to $15,000,000 of its Residential Care Facility Mortgage Revenue Bonds (the "Bonds.) to assist the Company in financing the construction of a new parking garagl~ with 252 car spaces and substantial renovations at the Company's residential campus located at 3100 Shore Drive in Virginra Beach, Virginia. The public heanng, which may be continued or adjourned, will be held at 8:30 a.m. on Tuesday, September 16, 2008, before the Authority at the Autholrity's office at Town Center, Suite 1000, 222 Central Park twenue, Virginia Beach, Virginia. As required by the Act, the B()nds will not pledge the credit or the taxing power of the City of Virginia Beach, Virginia or the Authority, but will be payable solely from revenues derived from the Company and pledges therefor. Any person wishing to comment on the application may appear and be heard. A copy of the Company's application IS on file and is open for Inspection at the Authority's office at Town Center, Suite 1000, 222 Central Park Avenue, Virginia Beach, Virginia, during normal businE~ss hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY VP Sept. 4 & 9,2008 19252822 Ad shown is not actual print size EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.) On September 16, 2008 The Chamnan of the City ofVirgill1a Beach Development Authonty (the "Authonty") announced the commencement of a public hearing on the request of Westminster-Canterbury of Hampton Roads, Inc., a Virgmia nonstock, nonprofit corporatIon ("Westmmster-Canterbury") and that a notice of public heanng was published in the Virgill1a Pilot, a newspaper havmg general cIrculatIOn m the City ofVirgmIa Beach, Virginia m accordance WIth applicable law governing the Issuance of tax-exempt bonds. The Chairman mdicated that a copy of the Notice and an AffidaVIt of PublicatIon of such notice are to be filed WIth the records of the City Council of the City ofVirgIll1a Beach (the "Council"). The followmg indiViduals appeared on behalf ofWestmmster-Canterbury and addressed the Authonty: Hugh L. Patterson (General Counsel) ErIe Marie LatImer (PresIdent) Dan Oetzel (Chief Financial Officer) Mr. Patterson bnefly outlined the history ofWestmmster-Canterbury with tax-exempt bonds first bemg Issued for its constructIon m November of 1979, the opell1ng of Its doors to resIdents m January of 1982, and ItS history of operations over the past 25 years. He also gave a bnef descnptIOn of the resolutIOn whIch requests the issuance of up to $15,000,000 of additIonal tax-exempt bonds (the "Bonds") and the renovatIon and constructIon actiVIties comprismg the ProJect bemg financed thereby and opened the floor for questions. Members of the Authonty asked several questIOns regarding the Project, including the types of renovatIOns planned at Westminster-Canterbury's reSIdentIal campus, the number of parkmg spaces in the new parking garage and the total number of parkmg spaces available for reSIdents, employees and guests at Westminster-Canterbury after completIon of construction. These questions were addressed to the satisfactIOn of the Authonty by Mr. Patterson, Ms. Latimer and Mr. Oetzel. The public benefits to be realized by the City of Virgill1a Beach as a result of the financing ofthe Project, as described by Mr. Patterson, are (a) renovated facilitIes which will continue to meet the current and future market demands of approxImately 700 retired persons who now and m the future will reSIde at Westminster-Canterbury' s reSIdential campus; (b) the contInued availability of329 full time and 137 part time employment posItIons WIth an average annual salary of $29,900 and a total annual payroll of$12,911,597; (c) additIOnal taxes to be paId by Westmmstei-Canterbury to the City of Virginia Beach of approxImately $220,000 each year and total annual taxes increasmg to $1,084,000 following the constructIon of all Improvements; and (d) goods and services beIng purchased by WestmInster-Canterbury each year WIthin the City ofVirgIll1a Beach area totaling approximately $9,300,000. 1-832667 1 08/26/2008 No other persons appeared to address the Authonty, and the Chairman closed the public hearing. The Authonty hereby recommends that the City Council of the City ofVirgmia Beach, Virgmia approve the Issuance of the Bonds and hereby transmits the Fiscal Impact Statement to the City Council ofthe City ofVirgill1a Beach and asks that thiS recommendation be receIved at its next regular or specIal meeting at WhICh thIs matter can be properly placed on the Council's agenda for heanng. 2 1-832667.1 08/26/2008 EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDICATING ITS INTENT TO ISSUE UP Tc. $15,000,000 OF ITS RESIDENTIAL CARE FACILITY MORTGAGE REVENUE BONDS (WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.) SERIES 2008 WHEREAS) Westminster-Canterbury of Hampton Roads, Inc. ("Westminster- Canterbury') has described its interest in havmg the City ofVirgmia Beach Development Authority (the "Authority") issue up to $15,000,000 o:f Its Residential Care Facility Mortgage Revenue Bonds, Series 2008 (the "Series 2008 Bonds"') to fmance the construction ofa new parking garage and substantial renovatIons at Westminster-Canterbury)s residential campus (the "Project") at 3100 Shore Drive in Virginia Beach) Virginia; and WHEREAS) Westminster-Canterbury, in its application and in its appearance before the Authority, has requested that the Authority issue its Series 2008 Bonds under the provisions of Chapter 643 of the Acts of Assembly of 1964 and the Industrial Development and Revenue Bond Act) Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (collectively, the "Act") in such amounts as may be necessary to finance costs to be incurred in constructing, renovatmg and equipping the Project; and WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of1986, as amended, and Section 15.2-4906 ofthe Code ofVirgima of 1950, as amended (the ''Virginia Code"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY THAT: 1. The foregoing recitals are approved by the Authority and are mcoIporated m, and deemed a part of this Resolution. 2. It 18 hereby found and determined by the Authority that the issuance of the Series 2008 Bonds by the Authority. will be in the public interest, will benefit the inhabitants of the City of Virginia Beach through the promotion of their safety, health, welfare, convemence or prosperity and will further-the public purposes of the Act and provide a public benefit to the City by) among other things, ensuring the continued availability of modern and efficient medical servIces, special care and secure living accommodations for the elderly in accordance with theIr speCial needs. 3. It has prevlOusly been found and determined that Westminster-Canterbury' s facilities on Shore Drive in Virginia Beach constitute a facility for the residence or care of the aged withm the meaning of the Act. 4. To mduce Westminster-Canterbury to construct, renovate and equip the Project, the Authority hereby agrees to cooperate with Westminster-Canterbury in reviewing and evaluating its plans to fmance the Project and, subject to the Authority's final approval of the 1-830891.1 10. The Series 2008 Bonds shall be limited obligations of the Authonty and shall be payable solely oull of the revenues, receipts and payments specifically pledged therefor. Neither the commissioners, officers, agents or employees of the Authority, past, present and future, nor any person executing the Series 2008 Bonds, shall be liable personally on the Series 2008 Bonds by reason of the issuance thereof. The Series 2008 Bonds shall not be deemed to constitute a general obligation debt or a pledge of the faith and credit ofthe Commonwealth of Virginia or any political subdivision thereof, including the City of Virginia Beach and the Authority and neither the Commonwealth of Virginia nor any such political subdivision thereof shall be personally liable thereon, nor in any event shall the Series 2008 Bonds be payable out of any funds or properties other than the special funds and sources provided therefor. Neither the faith and credit nor the taxing power of the Commonwealth of Virginia, or any political subdivision thereof, including the City of Virginia Beach, shall be pledged to the payment of the principal of the Series 2008 Bonds or the interest thereon or other costs incident thereto. The Series 2008 Bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. 11. Th(: Authority shall not be liable and hereby disclaims all liability to Westminster- Canterbury for any damages, direct or consequential, resulting from the Authority's failure to issue the Series 2008 Bonds for any reason, including but not limited to, the failure of the City Council of the City of Virginia Beach to approve the issuance of the Series 2008 Bonds. Nothing herem shall be construed as a commitment or obligation on the part of the Authority to adopt a final resolution or execute any documents with respect to Series 2008 Bonds. 12. Unless this Resolution is extended by the Authority, the Series 2008 Bonds shall be issued within one year from the date hereof or this Resolution shall become void and of no further force or effect. 13. The Authority hereby recommends that the City Council of the City of Virginia Beach approve the issuance of the Series 2008 Bonds and hereby directs the ChaIrman or Vice- Chamnan of the Authority to submit to the City Council of the City ofVirgirua Beach a reasonably detailed summary of the comments, If any, expressed at the public hearing, the fiscal impact statement mquired by Virginia law, and a copy of this Resolution. 14. This Resolution shall take effect immediately upon its adoption. Adopted by the City of Virginia Beach Development Authority, on the 16th day of September, 2008. ~~ Secretary/Assistant ~eefetary 3 1.830891.1 EXHIBIT 0 DISCLOSURE STATEMENT Date: Septembe.. 16, 2008 Applicant: Westminster-Canterbury of Hampton Roads, Inc. All Owners (if different from Applicant): None Type of Application: $15,000,000 ResidentIal Care Facility Mortgage Revenue Bonds, Senes 2008 to finance the construction of a new parkmg garage with 252 car spaces and substantial renovations at Westmmster-Canterbury' s resIdential campus at 3100 Shore Drive, VirgmIa Beach, Virginia The Applicant IS a VirgIll1a corporation. 2. The Applicant IS the owner of the ProJect. 3 The current officers and trustees of Applicant are listed on the attached ExhibIt A. WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. By4 a:~' ~ Gen I Counsel 830726_1.DOC The Officers ofWestmmster-Canterbury are: ice Chairman: Secretary: hiefFinanclal Officer and ssistant Treasurer: ice President for Resident & Health Services d AssIstant Secretary: ice President for Busmess and Resource evelopment: ice PreSIdent for Development and ommunIty RelatIons: ice President for Human Resources: Trustees ofWestmmster-Canterbury are: Appointed by the Episcopal Diocese: DM Byron E. Tobin, Jr. 01 College Place #4 orfolk, VA 23510 r. Howard P. Kern Sentara Healthcare 6015 Poplar Hall Drive, SUIte 300 orfolk, VA 23502 r. Thomas C. Kyrus 973 Shore Dnve # 102 ir nia Beach, VA 23451-1248 r. DaVId Lmlfoth cPhillips, Roberts & Deans, PLC . O. Box 1180 orfolk, VA 23501-1180 r. Charles D. Robison, In ulton Bank .0. Box 61009 ir . nia Beach, V A 23466 s. Susan T. Bernard 1337 Graydon Ave. orfolk, VA 23507 f. Page G. Lea apes CapItal Management, Inc. "00 West Freemason St. orfolk, VA 23510 e Rev. Harold J. Cobb, Jr. 1931 Paddock Road orfolk, VA 23518 r. Clarence A. Holland 328 Sandy Bay Dnve ir . ll1a Beach, VA 23455 r. Doyle E. Hull 7615 Nancy Drive orfolk, VA 23518-4635 r. C. Ben Mason SunTrust Bank 150 W. Mam St., 14th Floor orfolk, VA 23510 rs. Martha Sims irginia Beach Dept. of Public Libraries 416 Courthouse Dnve - Bldg. 19 irginia Beach, V A 23456 r. E. George Middleton, Jr. 510 Cromwell Road orfolk, VA 23509-2306 r. Tazewell G. Taylor Sullivan, Andrews & Taylor, P C. 5544 Greenwich Rd., SUIte 103 irgmia Beach, V A 23462 EXHIBIT E p V I R GIN I A BE A c;J1 ECONOMIC DEVELOPMENT CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $15,000,000 RESIDENTIAL CARE FACILITY MORTGAGE REVENUE BONDS WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.} SERIES 2008 a The City of VirginIa Beach Development Authority (the "Authority")recommends approval of the above-captioned financing. Westminster-Canterbury of Hampton Roads, lnc.'s resIdential facilities continue to promote Industry, commerce and trade within the City of VirginIa Beach, Financing approved by the Authority will assist as eXisting life-care facility to remain current In meeting new market demands for its services, maintain its substantial employment census, Increase its revenues and add to the City's economIc tax base. - 'Yn Cenllol Pnr~ twe, ~.;lIitc~ 1000 . Vil~H110 Beach. VilSJlr1la 2J4()2 . ph 757. 3135.6464 III 8009891\567 . lox 15/499989,1 EXHIBIT F ECONONUC IMPACT STATEMENT FOR BOND ALLOCATION REVIEW 1-830717.1 08/26/2008 Economic Impact Statement 1. Amount of Investment $ 16,000,000 $ 15,000,000 2. Amount ofmdustnal revenue bond financmg sought 3. Estimated taxable value of the facility's real property to be constructed m the City ofVirgmia Beach $ 8,000,000 4. EstImated real property tax per year usmg the present tax rate $ 1,009,000 5. Estimated personal property tax $ 75,000 6. Estimated impact statement demonstratmg the overall return to the City: A. Number of new jobs o B. Payroll generated $ Avg Wage $ o c. Number of jobs retained 329 full tIme and 137 part time D. Payroll retained $ 12,911,597 AvgWage$ 29,929 E. Estimate the value of goods and services purchased .wIthin the geographic boundary ofVirgIll1a Beach by type (Inventory, Machinery, ProfeSSIOnal ServIces, Insurance, Motor Vehicles, etc.): ~ Food Utilities Employee Benefits Supplies ProfeSSIOnal ServIces Corporate Insurance Value $ 1,745,000 $ 1,173,000 $ 3,275,000 $ 2,327,000 $ 412,000 $ 367,000 Total $ 9,299,000 F. EstImated building permIt fee and other mUll1l;Ipal fees 20,000 $ 1,400,000 $ G. Estimated construction payroll H. Estimated value of constructIon matenal to be purchased within the City ofVirgill1a Beach 600,000 $ I. EstImated number of constructIOn Jobs 100 Page 1 of2 1-830717.l 08/26/2008 Economic Impact Statement J. Any other Items whIch the applicant feels the Authonty should be made aware of in evaluatmg the proJect 7. Is the sIte currently zoned for the use bemg proposed for the industrial revenue bond financmg? _X_ Yes_No. 8. Has a bond purchase agreement/commItment been accepted by the applicant? (attach a copy)_ Yes_X_No. 9 Will the bond financmg close within 90 days from the date of adoptIon of the inducement resolutIon? _X _ Yes _ No. Plans call for closing prior to December 31. 2008. 10. Location of proJect (attach location map) See attached location map. 11. ExplanatIon of alternative financing that has been revIewed for the proJect. The use of tax-exempt bonds IS the only financmg alternative that has been considered. Page 2 of2 1-830717.1 08/26/2008 EXHIB IT G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: LOCATION: Wes tmmster-Canterbury of Hampton Roads, Inc. 2. 3100 Shore Dnve, VirgIma Beach, Virgmia 23451 3. DESCRIPTION OF PROJECT: Renovate and upgrade existmg dillIng, fitness and wellness, healthcare and older independent livmg facilities and expand available parkmg wIth the constructIon of new parkmg garage wIth 252 car spaces 4. AMOUNT OF BOND ISSUE: $15,000,000 5. PRINCIPALS: EpIscopal Diocese of Southern Virgima and Presbytery of Eastern VirgIma, Presbytenan Church (USA) 6. ZONING CLASSIFICATION: a. I) resent zoning classIficatIOn the Property: B-4 b. Is rezonmg proposed: Yes No XX c. If so, to what zonmg classIficatIon: 1-830724.1 0811312008 Virginia Beach Development Authority Commissioners Donald V Jellig Cholf Page G lea Vice ChOir Teresa H. Cornngton Secrelory Douglas DEllis Ass/,Iont Secretary. Elizabeth A Twohy T,easurer C. Maxwell Bartholomew, Jr. CommISSIoner Paul V. Michels CommIssIoner Jerrold l. Miller Comrrussloner Dan H. Brockwell CommISSIoner John W. Richardson CommISSIoner Prescoll Sherrod CommiSSIoner EXHIBIT H p:"~ VIRGINIA BEAC~T s: September 16, 2008 Mr. Donald V Jellig Chair Virgmia Beach Development Authonty 222 Central Park A venue, SUIte 1000 VirgmJa Beach, V A 23462 Re: Westmmster-Canterbury of Hampton Roads, Inc. Dear Don: The Department of EconomIC Development concurs WIth the Issuance of residentIal care facility mortgage revenue bonds m an amount not to exceed $15,000,000 for Westmmster-Canterbury of Hampton Roads, Inc. The Issuance of these bonds by the Authonty will be m the public mterest, will benefit the inhabitants of the City of VirgIllIa Beach through the promotIOn of theIr safety, health, welfare, convemence of prospenty and will prOVIde a public benefit to the City by, among other thmgs, ensunng the availability of modem and effiCIent medical servIces, special care and secure livmg accommodatIons for the elderly m accordance With then speCial needs. These funds are to be utilized pnmarily to finance the costs mcurred m constructmg a new parkmg garage and substantial renovatlons at Westmmster- Canterbury's reSidentIal campus. I will be happy to answer any questIOns you may have at our meetmg of September 16th Sincerely, 7:???J~ Mark R, Wawner ProJect Development Coordinator /11s 222 Central Pork Ave, Suite 1000 . Virginia Beach, Virgtnlo 23462 . ph 757385.6464 or 800.9894567 . fax 7574999894 a.. < :! z o ~ () o ..J ~ :::::i o <( u. >- cr:: ::) CO cr:: W I- Z <( ~ cr:: u, ~^" 'J) z :i I- et! W ~ ( J. . ;-.g , ,,.,,. - ^ l g ~ l.....,~ ~ ;:::; ! ;g.... ,i i ,~ > .t ~. ; #11:, ~1 ;, " ~ ,,' $, l',~ ~ ~J ,;., c.. .co , ,L' .j f l' ,~ r , ~1 .1 ~~ ,{.,'?~~~ ~9Yt~\~ ~i.,-. '.. }~~ t;.\:- ~:.J '01.. r~";,.j ~:~..{o'~ ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Commonwealth Transportation Board Provide Enhancement Grant Funding for the Thalia Creek Greenway Project MEETING DATE: October 28, 2008 . Background: The Department of Parks and Recreation Intends to submit an application for grant funding for Phase 1A of the greenway project. The Thalia Creek Greenway project consists of a 1.5 mile trail along Thalia Creek In the vIcinity of Town . Center Based on the Master Plan that was completed In April 2007, the Department of Parks and Recreation developed a phased plan for the construction of the greenway The phased plan IS provided as an attachment. A master plan for the Thalia Creek Greenway was presented to City Council In September 2007 In early October 2008, the project grant application was endorsed by the Hampton Roads Metropolitan Planning Organization. . Considerations: The Department of Parks and Recreation IS requesting funding for Phase 1A of the greenway under the Transportation Enhancement Grant Program In the amount of $450,000.00. The Transportation Enhancement Grant Program requires matching funds of 20% of the submitted application. City matching funds of $112,500.00 will be required. The source for the matching funds has been. Identified In CIP 4-018 Greenways, Scenic Waterways and Natural Areas - Phase II. The attached resolution IS required to be approved by City Council In support of the application. The total cost for design and construction of Phase 1 A of the Thalia Creek Greenway IS estimated to be $921,980.00. If the grant funding for the project IS approved with the current application, it IS the Intent of the Department of Parks and Recreation to apply for additional funding under the Transportation Enhancement Grant Program In subsequent years to cover the remainder of project costs. . Public Information: Public Information will be handled through the normal media and communication channels. . Recommendations: Adopt a resolution In support of the grant application for Thalia Creek Greenway Phase 1A. . Attachments: Resolution, Project Map Recommended Action: Adopt Resolution Submitting Department/Agency: Parks and Recreation~ ri City Manager: 1.~. Uk- ' r . - -- \ 1 A. RESOLUTION REQUESTING THE COMMONWEALTH 2 TRANSPORTATION BOARD PROVIDE ENHANCEMENT 3 GRANT FUNDING FOR THE THALIA CREEK GREENWAY 4 PROJECT 5 6 WHEREAS, In accordance with the Commonwealth Transportation Board's 7 prescribed procedures, it IS necessary that the City of Virginia Beach endorse by resolution 8 any project submitted for consideration to receive Transportation Enhancement Grant 9 Funding from Virginia Department of Transportation (Department); 10 11 WHEREAS, the Transportation Enhancement Fund provides funding for up to 80% 12 of the cost of approved proJects; and 13 14 WHEREAS, a source of the City's 20% cost share has been Identified In CIP4-018, 15 Greenways, Scenic Waterways and Natural Areas - Phase II. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA. 19 20 That the City of Virginia Beach hereby requests the Commonwealth Transportation 21 Board provide Emhancement grant funding for the Thalia Creek Greenway Project. 22 23 BE IT FURTHER RESOLVED that the City of Virginia Beach hereby agrees to pay a 24 minimum of twenty percent of the total cost of planning and deSign, right of way, 25 construction of thiS proJect, and that, if the City of Virginia Beach subsequently elects to 26 cancel thiS project, the City of Virginia Beach hereby agrees to reimburse the Virginia 27 Department of Transportation for the total amount of costs expended by the Department 28 through the date that the Department IS notified of such cancellation, 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the 31 day of , 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY cr~ry {ftfl City Attorney's Office '" CA 10897 R-2 October 17, 2008 4~~;,." ,(~..- .~~, fl( 'l- \~) (!: ' ' '1., <u >.~ ~;~~ Ij] to... l8IV.lp ..t.,~.".~.~jI I..\.~~~.:, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution In Support of the Virginia MUnicipal League Resolution on MUnicipal Access to Capital Markets MEETING DATE: October 28,2008 . Background: The Virginia MUnicipal League adopted a resolution at their annual meeting on October 21, 2008 to urge the President and Congress to take action to address mUnicipal access to capital markets and to urge development of public Infrastructure. . Considerations: The attached resolution IS based on the resolution adopted by the Virginia Municipal League. It provides that City Council supports the Virginia MUnicipal League's efforts to stimulate local economies by Improving access to capital markets In this time of economic downturn and by developing public Infrastructure. If adopted, a copy of the resolution will be provided to Virginia's United States Senators and Virginia Beach's congressperson, as well as the Virginia Municipal League. . Attachments: Resolution Requested by Council member Rosemary Wilson 1 Requested by Council member Rosemary Wilson 2 3 A RESOLUTION IN SUPPORT OF THE VIRGINIA 4 MUNICIPAL LEAGUE RESOLUTION ON MUNICIPAL 5 ACCESS TO CAPITAL MARKETS 6 7 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA. 9 10 WHEREAS, the United States economy IS suffering from a severe credit CriSIS and 11 sharp economic downturn; and 12 13 WHEREAS, the foreclosure CriSIS has and will severely Impact mUnicipal revenues; 14 and 15 16 WHEREAS, local governments are one of the most critical sources of capital 17 Investment In the U S. economy and local economies; and 18 19 WHEREAS, the President of the United States has announced that the federal 20 government will Invest $250 billion to provide capital Investment Into banks and financial 21 Institutions to Increase the availability of credit In the private sector; and 22 23 WHEREAS, local government Investment In public Infrastructure requires access to 24 capital markets and public sector Investment In Infrastructure IS extremely Important for job 25 creation, economic development and community Improvement; and 26 27 WHEREAS, at its recent annual conference, the Virginia MUniCipal League adopted 28 a resolution that urges the President and the Congress to take action to address mUnicipal 29 access to capital markets and to urge development of public Infrastructure. 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA. 33 34 1 That the City Council JOinS the Virginia MUniCipal League In urging the President 35 and the Congress to take action, Including prompt enactment of legislation, to stimulate 36 state and local economies by redUCing the cost of short and long-term capital to local 37 government and states. 38 39 2. That such federal actions should Include: access for the Federal Reserve to 40 purchase mUnicipal paper; steps to reduce long-term mUnicipal Interest rates; and 41 assistance with the cost of Issuance of mUnicipal debt. 42 43 3. That the City Council JOinS the Virginia MUniCipal League In urging the President 44 and Congress to take all steps necessary to promote a long-term strategy to strengthen 45 and stabilize the economy by developing the public Infrastructure of the United States. 46 47 4 That the City Clerk IS hereby directed to transmit a copy of this resolution to both 48 of Virginia's United States Senators and Virginia Beach's Congressperson, as well as the 49 Virginia Municipal League. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of 52 , 2008. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY ::e~ ~ City Attorney's Offi CA 10901 R-2 October 23, 2008 ~~~~:"\ r4\~~;7~ ,tifi..".l..' - _.]?~) (,': -.. ~''''' fE; . 11;- (':t~ :>~ \\:~~ .. ill "L~+4~~...~..1~ I.:--~,;~.;;,......"" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: (1) (2) A Resolution to Adopt the Plan to End Family Homelessness An Ordinance to Accept Funding from the George and Grace Dragas Family Foundation to the Department of Housing and Neighborhood Preservation's FY 2008-09 Operating Budget. MEETING DATE: October 28, 2008 . Background: In December 2007, Helen Dragas announced her plans to award the City with a grant In the amount of $500,000 to address homelessness In families with children. In May 2008, the Dragas Family Foundation Issued a Request for Proposal (RFP), seeking to know how the City would apply these funds to address homeless and how the City would evaluate the effectiveness of the programs Implemented. To address thiS RFP, staff from the Department of Housing and Neighborhood Preservation convened a Task Force with representation from the Department of Human Services, Samaritan House, the Office of School Social Work of the Virginia Beach City Public Schools, and the Virginia Beach Community Development Corporation (VBCDC). These represent the key organizations that serve homeless families In Virginia Beach. The group developed a "Plan to End Family Homelessness" (hereafter referred to as the Plan) that ,complements the previously Council-adopted "Ten Year Plan to End Homelessness", both of which will serve as the basIs for any grant-funded actions. The grant proposal was crafted from the Task Force's efforts. The plan and the grant application were developed, reviewed, and approved by thiS group. Next, it was presented to the organizations Involved In homelessness In the City Finally, the Plan and the proposed actions to be funded by the grant were proVided to the Dragas Family Foundation on September 6, 2008. The Dragas Family Foundation has since notified the City that the grant application has been accepted. . Considerations: The proposed activities Involve the use of at least four sources of funds: o Dragas grant funds. o City matching funds of $35,000 (7% match rate), and there are suffiCient funds In the General Fund Reserve for ContingenCies to proVide thiS match. o Federal housing funds that will be received In FY 2009-2010. o Rapid Re-Houslng funds expected to be received as a result of a Federal grant application filed by the City In September 2008. The grant funds form the core of funding for the proposed activities, leveraging the use of other funds. Developing and Implementing these new programs will represent a major enhancement to the City's efforts In addreSSing family homelessness. Some of these programs may be Implemented, through a contractual agreement, by organizations outside of the City In addition to the City of Virginia Beach, the City of Chesapeake and the City of Norfolk have received similar grants from the Dragas Family Foundation. As part of the grant requirements, the City IS expected to cooperate with our regional counterparts to develop any aspects of the program that can be achieved regionally And staff .has addressed regional activities In the Plan, and .through the Regional Task Force to End Homelessness. Because the grant represents one-time funding, there IS a concern regarding the sustalnability of the program. The three cities that have received these grants will be cooperating on a JOlnt-fundralslng activity, with a goal of raising $1 million In additional outSide funding that will provide for the long-term sustalnability of the program activities. These funds cannot be guaranteed, however Therefore, some programs and activities established and funded by the grant or other sources can be expected to come to an end when the specific Dragas funding IS exhausted. In addition, staff coordinating and operating the programs will be hired on a contractual basIs so that no long-term positions are created. There are sufficllent funds In the General Fund Reserve for Contingencies to provide the required match. . Public Il1Iformation: As noted, the key stakeholders In the homelessness area have been bne1:ed regarding thiS grant. In addition, the Initial bnefing to Council and associated news coverage has prOVided the public with an opportunity to be aware of thiS proposal. Additionally, public Information will be coordinated through the traditional Council agenda process. . Alternatives: Although vanous alternatives for the use of the grant funds eXist, the proposed application was based on the Input of all key stakeholders. The Plan has been accepted by Dragas. Without Council action to accept and appropnate the grant and appropnate the matching funds, the proposed programs cannot be Implemented. . Recommendations: Adopt ordinance and resolution, and authOrize the City Manager to sign any necessary contracts with the George and Grace Dragas Family Foundation, and other organrzations that may Implement programs, regarding the use of these funds. . Attachml:!nts: Resolution, Ordinance and Grant Application Package. Recommended Action: Adoption of of Housing and Neighborhood Submitting DI:!partmentlAgency: Preservation City Manager: (12. ~. U~ 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 AN ORDINANCE TO ACCEPT FUNDING FROM THE DRAGAS FAMILY FOUNDATION AND TO TRANSFER FUNDS TO THE FY 2008-09 DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 1 That $500,000 IS hereby accepted from the Dragas Family Foundation and appropriated to the FY 2008-09 Department of Housing and Neighborhood Preservation Operating Budget to address homelessness In families with children. 2. That $35,000 IS hereby transferred from the General Fund Reserve for Contingencies to the FY 2008-09 Department of Housing and Neighborhood Preservation Operating Budget as a local match for the Plan to End Family Homelessness. 3. That the City Manager IS hereby authorized to sign necessary contracts with the Dragas Family Foundation and any other organizations to conform with the grant requirements, Adopted by the Council of the City of Virginia Beach, Virginia on the ,2008. day of ReqUIres an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ;e~~ City Attorney's Offl J3w~D - ~ Management Services CA 10879 R-3 October 20,2008 1 RESOLUTION TO RECOGNIZE AND THANK THE 2 GEORGE AND GRACE DRAGAS FAMILY FOUNDATION 3 AND TO ADOPT A PLAN TO END FAMILY 4 HOMELESSNESS 5 6 WHEREAS, Virginia Beach's vIsion of Community for a Lifetime Includes all 7 residents; 8 9 WHEREAS, addressing the problem of homelessness IS a part of achieving that 10 VISion; 11 12 WHEREAS, on April 23, 2007, Council adopted a Ten-year Plan to End 13 Homelessness; 14 15 WHEREAS, the George and Grace Dragas Family Foundation, based In part on 16 the Council's commitment to end homeless ness, has generously promised $500,000 In 17 funding to address family homelessness In Virginia Beach; 18 19 WHEREAS, staff have developed a proposal to end family homelessness that 20 effectively uses the Dragas Family Foundation funds and other funds; and 21 22 WHEREAS, Council Wishes to recognize and thank the Foundation and to 23 endorse the plan for the use of funds presented by staff. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA. 27 28 That the Council expresses its deep appreciation of the grant provided by the 29 George and Grace Dragas Family Foundation and specifically to Ms. Helen Dragas, and 30 further 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA. 34 35 That the Council adopts the Plan to End Family Homelessness presented by the 36 staff and made possible In great part by the Foundation's grant. Adopted by the Council of the City of Virginia Beach, Virginia on the ,2008. day of APPROVED AS TO CONTENT SUFFICIENCY APPROVED AS TO LEGAL B~u..~ Management SElrvlces ~~rxfk ity Attorney's ff' " CA 10880 / R-1 / October 1, 2008 ~~~...~~.~~ \-; J ,,<:, ~, f....8w..Io~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $667,246 (Property of John A. Baum and Mary Sandra Baum) MEETING DATE: October 28, 2008 . Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and enco~raging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eleven (11) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (Le., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. . Considerations: The subject property consists of two (2) parcels of land having approximately 98.77 acres outside of marshland or swampland. It is owned by John A. Baum and Mary Sandra Baum. Under current development regulations, there is a total development potential of nine (9) single-family dwelling building sites, one of which will be reserved for future development as a 3-acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located at 6465 Crags Causeway, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $667,246. This price is the equivalent of approximately $6,756 per acre of easement acquired. 2 The terms of the proposed acquisition are that the City would pay Interest only for a penod of 25 years, with the pnnclpal amount being due and payable 25 years from the date of closing. The Interest rate to be paid by the City will be the greater of 3.6500% per annum or the per annum rate which IS equal to the Yield on U.S. Treasury STRIPS purchased by the City to fund its pnnclpal obligation under the Installment Purchase Agreement, nojt to exceed 5.6500% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, Including the purchase pnce and manner of payment, are fair and reasonable and In furtherance of the purposes of the Ordinance. . Public Ilnformation: The ordinance has been advertised by publication In a newspaper having general circulation In the City once per week for two successive weeks. . Alternatives: The City Council may decline to purchase the development nghts to the property . Recommendations: Adoption of the ordinance and acquisition of the development ril~hts, assuming all contingencies are met. . Attachments: Ordinance; Summary of Matenal Terms of Installment Purchase Agreement (full Agreement IS on file In the City Attorney's Office); area map shOWing location of property Recommended Action: Adoption Submitting Dep,artmentlAgency: Agriculture Department ! f~' City Manager: ''\? ~ ~ AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $667,246. (PROPERTY OF JOHN A. BAUM AND MARY SANDRA BAUM) 1 2 3 4 5 6 7 8 WHEREAS, pursuant to the Agncultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provIsions of which have been previously approved by the City 12 Council, a summary of the matenal terms of which IS hereto attached, and a true copy of 13 which IS on file In the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined In the Installment Purchase Agreement) on certain property located In the City 15 . and more fully described In Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $667,246; and 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 46 WHEREAS, the aforesaid Development Rights shall be acqUired through the acquisition of a perpetual agnculturalland preservation easement, as defined In, and In compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reViewed the proposed terms and conditions of the purchase as eVidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 1 The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, Including the purchase pnce and manner of payment, are fair and reasonable and In furtherance of the purposes of the Ordinance, and the City Manager or hiS deSignee IS hereby authonzed to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of Interest to accrue on the unpaid pnnclpal balance ofthe purchase pnce set forth hereinabove as the greater of 3.6500% per annum or the per annum rate which IS equal to the Yield on United States Treasury STRIPS purchased by the City to fund such unpaid pnnclpal balance; proVided, however, that such rate of Interest shall not exceed 5.6500% unless the approval of the City Council by resolution duly adopted IS first obtained. 2. The City Council hereby further determines that funding IS available for the acqUisition of the Development Rights pursuant to the Installment Purchase Agreemel'1t on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects In title to the property or other restnctions or encumbrances thereon which may, In the 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 opinion of the City Attorney, adversely affect the City's Interests, authonzes the City Manager or his designee to execute and deliver the Installment Purchase Agreement In substantially thl3 same form and substance as approved hereby with such minor modifications, Insertions, completions or omissions which do not matenally alter the purchase pnce or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Insitallment Purchase Agreement. The City Council expressly authonzes the Incurrence of thE~ Indebtedness represented by the Issuance and delivery of the Installment Purchase Agreement. 4 The City Council hereby elects to Issue the Indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the Indebtedness a contractual obligation beanng the full faith and credit of the City Adoption requires an affirmative vote of a majority of all members of the City Council. Adopted Iby the Council of the City of Virginia Beach, Virginia, on this ,2008. day of CA 10764 V:\applications\citylawprod\cycom32\Wpdocs\OO14\POO4\00069607. DOC R-1 DATE. October 14, 2008 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY 17 c:------ Agnculture Department lutth q ~~ City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: ~tfn1ng~ 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2008-91 SUMMARY OF MATERIAL TERMS SELLER: BAUM, John A. and Mary Sandra PROPERTY LOCATION: 6465 Crags Causeway, Princess Anne District PURCHASE PRICE: $667,246 EASEMENT AREA: 98.77 acres, more or less DEVELOPMENT POTENTIAL: 9 single-family dwelling sites (8 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.6500% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 5.6500% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery ofIPA. &~. :l'~ ~~'r:L'~ ~ - ..JI ":.... W "-~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Acquisition of 17.64+/- acres of Real Property Located on General Booth Boulevard from the Commonwealth of Virginia for $300,000. MEETING DATE: October 28,2008 . . Background: In 1986, the Commonwealth of Virginia (the "Commonwealth") Informed the City of Virginia Beach (the "City") that the Commonwealth was declaring surplus all property at Camp Pendleton SMR, outside of the main post. In response, the City has purchased several parcels owned by the Commonwealth, Including what IS now' Red Wing Golf Course- plus 130 acres for future expansion; the Fire Training Center; the Birdneck Fire Station Site; the Birdneck Elementary School Site; the Seatack Elementary School Site; the Owls Creek Tennis Center Site; and several other small parcels. The Commonwealth has now Indicated its willingness to sell to the City an approximately 17.64 acre parcel on General Booth Boulevard, between Berknor Drive and South Birdneck Road (the "Property") for the sum of $300,000. The Property IS encumbered by a 100 foot-Wide Virginia Dominion Power easement, and approximately three acres of the Property are wetlands. The easement and the wetlands overlap, and a total of approximately five acres are Impacted by one or both of these conditions. The adjOining property owners, Sea Bay Development Corp. (operators of the Holiday Trav-L Park), have also constructed numerous encroachments on the Property The City would acquire the Property "as-Is" with no additional deed restrictions Imposed by the Commonwealth. Staff recommends acqUisition of the Property for preservation as open space. . Considerations: The City and the Commonwealth have reached an agreement on the parcel's purchase price and the terms of the acqUisition. The purchase pnce IS $300,000 and IS recommended to be funded from the Open Space Program Site AcqUisition Project (CIP 4-004). . Public Information: Advertisement of City Council Agenda . Recommendations: Purchase the Property for $300,000 through the Open Space Program Site AcqUisition Project (CIP 4-004). . Attachments: Ordinance, Location Map and Summary of Terms Recommended Action: Approval Submitting Department/Agency: PW IREAL EST~"-' c" t2if,/I:! CitYManager:~. &. ~-t-- 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 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF 17.64+/- ACRES OF REAL PROPERTY LOCATED ON GENERAL BOOTH BOULEVARD FROM THE COMMONWEALTH OF VIRGINIA FOR $300,000 WHEREAS, the Commonwealth of Virginia ("Commonwealth") IS the owner of an approximately 17.64+/- acre parcel of real estate located on the west side of General Booth Boulevard, between Berknor Dnve and South Birdneck Road, In the City of Virginia Beach, Virginia (the "City"), GPIN 2416-61-5781 (the "Property"); WHEREAS, Commonwealth desires to sell the Property to the City for $300,000; WHEREAS, the City Council of the City of Virginia Beach, Virginia IS of the opinion that the acquisition of the Property would further the City's Open Space Initiative; WHEREAS, funding for this acquisition IS available In the Open Space AcqUisition CIP account (CIP 4-004). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 1 That the City Council authonzes the acquisition of the Property pursuant to 915.2-1800 of the Code of Virginia (1950), as amended, which Property IS generally Identified as GPIN 2416-61-5781 and shown on Exhibit A attached hereto. 2. That the City Manager or his designee IS further authonzed to execute all documents that may be necessary or appropnate In connection with the purchase of the Property, so long as such documents are In accordance with the Summary of Terms attached hereto and such other terms, conditions or modifications as may be acceptable to 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 CA-10765 APPROVED AS TO LE SUFFICIENC . V :lapplical1Onslcltylawprodlcycom321 WpdocslDO 141POO4\00069648.DOC R-1 October 16, 2008 APPROVED AS TO CONTENT APPROVED AS TO CONTENT ~ c. P lic Works/Real Estate SUMMARY OF TERMS An Ordinance to Authorize the Acquisition of 17.64+/- acres of Real Property Located on General Booth Boulevard from the Commonwealth of Virginia for $300,000. OWNER: Commonwealth ofVirgtllIa BUYER: City ofVirgtllIa Beach ZONING: P-l/R-5-D AICUZ: > 75 dB DNL SALE PRICE: $300,000 at Settlement by check. SOURCE OF FUNDS: CIP4-004 - Open Space Program Site AcqUIsItIon ProJect SETTLEMENT DATE: On or before thIrty (30) days after acqUISItIOn IS authonzed by Council. SPECIAL TERMS AND CONDITIONS: . City shall accept the Property "as-Is" . Seller shall prepare Deed conveymg tItle to the Property to City and pay all expenses of preparatIon ofthe Deed, the grantor's tax and ItS own attorney's fees and costs. . City shall bear all other costs of closmg. V :lapptical1onslcrtylawprodlcycom32\ WpdocslDO 141POO4100069647.DOC EXHIBIT A " )>>. 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Z 5 -""----~~ 'c':' ~, " -- ~ "------5. i~+z tr.1 ~It. ~IA'~~.", 't .... iR . ~5 .~ jJ ~, ~;f .~-.....~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acqUisition of two adjacent parcels of real property totaling 17,864 +/- sq. ft. (0.40 acres) located at 400 Atlantic Avenue and 205 4th Street In the City of Virginia Beach for $1,500,000 from Winfred L. Murphy, Brenda J. Smith, Faye J. Molnar and Forrest C. Ozburn. MEETING DATE: October 28,2008 . Background: Winfred L. Murphy, Brenda J. Smith, Faye J. Molnar and Forrest C Ozburn (collectively the "Sellers") own two parcels totaling approximately 17,864 +/- square feet (0.40 acres) of land and Improvements thereon located at 400 Atlantic Avenue and 205 4th Street (the "Property"). The Property IS adjacent to the Ocean Keys Resort and Windward Landing Condominiums at the Oceanfront. The Sellers contacted the City of Virginia Beach requesting the City to purchase the Property The Sellers and the City negotiated a purchase price of $1,500,000. The City has assembled several parcels In the Immediate vIcinity of the Property for use for a future development at Rudee Loop. Staff recommends acquisition of the Property to further the long-range goals of the City for future development of Rudee Loop. . Considerations: The City and the Sellers have reached an agreement on the purchase price for the Property and the terms of the acquisition. The purchase price IS $1,500,000 and IS recommended to be funded from Various Site AcqUisitions (CIP 3-368). . Public Information: Advertisement of City Council Agenda . Recommendations: Approve the acquisition as set forth In the attached Summary of Terms. . Attachments: Ordinance, Location Map and Summary of Terms Recommended Action: Approval of the Ordinance. Submitting Dep~lrtmentlAgenCY: Public Works/Real ES~..aaM1 ! ~ ,/l.i!. City Manager: 'R.~. ~ (/ - . 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 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF TWO ADJACENT PARCELS OF REAL PROPERTY TOTALING 17,864+/- SQ. FT (0.40 acres) LOCATED AT 400 ATLANTIC AVENUE AND 205 4th STREET, IN THE CITY OF VIRGINIA BEACH FOR $1,500,000 FROM WINFRED L. MURPHY, BRENDA J. SMITH, FAYE J. MOLNAR AND FORREST C. OZBURN WHEREAS, Winfred L. Murphy, Brenda J. Smith, Faye J. Molnar and Forrest C. Ozburn (collectively, "Sellers") own two adjacent parcels of real property totaling 17,864 +/_ square feet (0.40 acres) at 400 Atlantic Avenue and 205 4th Street, Beach District, GPIN 2427-22-8656 and GPIN 2427-22-9617 (collectively the "Property"); WHEREAS, Sellers deSire to sell the Property to the City of Virginia Beach (the "City"); WHEREAS, the City has Identified the Property as a strategic site for potential future development at the Rudee Loop section of the Oceanfront; and WHEREAS, funding for this acquisition IS available In the Various Site Acquisitions CIP account (CIP 3-368). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 1 That the City Council authOrizes the acquisition of the Property by' purchase pursuant to 9 15.2-1800 of the Code of Virginia (1950), as amended, which Property IS generally Identified as GPIN 2427-22-8656 and GPIN 2427-22-9617 and shown on Exhibit A attached hereto. 2. That the City Manager or hiS deSignee IS further authOrized to execute all documents that may be necessary or appropnate In connection with the purchase of the Property, so long as such documents are In accordance with the Summary of Terms attached hereto, and such other 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 CA-10762 v :lapplicatlOnslcltylawprndlcycolD321 WpdocslDO 14\P004I00069720.DOC R-1 October 17, 2008 APPROVED AS TO CONTENT ~ C. ~6'~ C Works/Real state APPROVED AS TO LEGAL SUFFICIENCY.~ ~- City Attorney's Office P l' SUMMARY OF TERMS An Ordinance to Authorize the purchase of two adjacent parcels of real property totaling 17,864 +/- s~ ft. (0.40 acres) located at 400 Atlantic Avenue and 205 4t Street In the City of Virginia Beach for $1,500,000 from Winfred L. Murphy, Brenda J. Smith, Faye J. Molnar and Forrest C. Ozburn. SELLERS: Winfred L. Murphy, Brenda J. Smith, Faye J. Molnar and Forrest C. Ozburn. BUYER: City of Virginia Beach ZONING: RT-1 AICUZ: 65 - 70 dB DNL SALE PRICE: $1,500,000 at Settlement SOURCE OF FUNDS: CIP 3-368- Various Site Acquisitions SETTLEMENT DATE: On or before thirty (30) days after acquisition IS authorized by Council. SPECIAL TERMS AND CONDITIONS: · Seller shall prepare Deed conveYing title to the Property to City and pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees and costs. · City shall bear all other costs of closing. r ,{i~.l"~ M '. F\\\ \< ~ ~J ~~5I ~ CITY OF VIRGINIA BEACH AGENDA ITEM "'" \... ~ ITEM: An Ordinance to authonze the acquisition of 2,500+/- sq. ft. (.057 ac.) of real property for Open Space near Lake Smith Fishing Station for $13,000 from the heirs of Minam A. Peyton. MEETING DATE: October 28,2008 . Background: Lauren Peyton Bell, Karen E. Peyton and Walter B. Peyton, Jr are the heirs of Minam A. Peyton (collectively "the Peytons") and own a .057 acre /2,500 sq. ft. parcel of real property located In the Bayslde Distnct and known as Lot 11, Block 2, Lakeside, Locust Crescent (the "Property"). The Property was purchased by Peytons' grandfather with the Intention of building on the Property Minam A. Peyton subsequently Inherited the Property, and after she died, her heirs contacted the City of Virginia Beach requesting the City purchase the Property The Peytons and the City negotiated a purchase pnce of $13,000. The City acquired the property on either side of the Property for a natural area around the Lake Smith Fishing Station. If acquired, the Property could be Incorporated Into the natural area. Staff recommends acquisition of the Property for preservation as open space, and the City's Open Space Subcommittee has been bnefed and endorsed acquisition of the Property . Considerations: The City and Peyton have reached an agreement on the Property's purchase pnce and the terms of the acqUisition. The purchase pnce IS $13,000 and IS recommended to be funded from the Open Space Program Site Acquisition Project (CIP 4-004). . Public Information: Advertisement of City Council Agenda . Recommendations: Purchase the Property for $13,000 through the Open Space Program Site AcqUisition Project (CIP 4-004). . Attachments: Ordinance, Summary of Terms, and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate ~rij;)a4M4 g ~At' City Manager: 12-\. ~r . "'7 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 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF 2,500+/- SQ. FT (.057 AC.) OF REAL PROPERTY FOR OPEN SPACE NEAR LAKE SMITH FISHING STATION FOR $13,000 FROM THE HEIRS OF MIRIAM A. PEYTON WHEREAS, Lauren Peyton Bell, Karen E. Peyton, and Walter B. Peyton, Jr., (collectively thH "Owners") Inherited Lot 11 , Block 2, Lakeside, Bayslde Distnct, GPI N 1469- 52-5403 (the "Property") from Miriam B. Peyton; WHEREAS, the Owners desire to sell the Property to the City of Virginia Beach (the "City"); WHEREAS, the City's Open Space Subcommittee has Identified the Property as a parcel to be considered for acqUisition as part of the City's Open Space Initiative and has recommended that the Property be acquired for use as natural area surrounding the Lake Smith Fishing Station; WHEREAS, the City Council of the City of Virginia Beach IS of the opinion that the acqUisition of tl1e Property would further the City's Open Space Initiative; WHEREAS, funding for thiS acquisition IS available In the Open Space AcqUisition CIP account (CIP 4-004). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 1 That the City Council authOrizes the acquisition of the Property by purchase pursuant to ~ 115.2-1800 of the Code of Virginia (1950), as amended, which Property IS generally Identified as GPIN 1469-52-5403 and shown as Lot 11, Block 2, Map of LakeSide (MB3, PG171), as shown on Exhibit A attached hereto. 2. That the City Manager or his designee IS further authOrized to execute all documents that may be necessary or appropriate In connection with the purchase of the Property, so long as such documents are In accordance with the Summary of Terms attached hereto, and such other terms, conditions or modifications as may be acceptable to 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 CA-10761 V 'lapplical1Onslcltylawprodlcycom321 WpdocslD021 IP003100057598.DOC R-1 October 16, 2008 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY. c. s blic Works/Real Estate APPROVED AS TO CONTENT ~ Par s & Recreation /' SUMMARY OF TERMS . An Ordinance to authorize the acquisition of 2,500+/- sq. ft. (.057 ac.) of real property for Open Space near Lake Smith Fishing Station for $13,000 from the heirs of Miriam A. Peyton. PROPERTY SIZE AND LOCATION: 2,500+/- sq. ft. (.057 ac.) of real property known as Lot 11, Block 2, LakesIde, Locust Crescent, GPIN: 1469-52-5403, located m the BaysIde DIstnct SELLER: Lauren Peyton Bell, Karen E. Peyton, and Walter B. Peyton, Jr., heIrs ofMinam A. Peyton BUYER: City ofVirgtllIa Beach ZONING: R-5-D AICUZ: N/A SALE PRICE: $13,000 at Settlement by check. SOURCE OF FUNDS: CIP4-004 / Open Space Program Site AcqUISItIon ProJect SETTLEMENT DATE: On or before thIrty (30) days after acqulSltlOn IS authonzed by City Council. SPECIAL TERMS AND CONDITIONS: . Property must be conveyed free and clear of all leases, tenanCIes and nghts of possessIOn of any and all partIes other than the City. . Seller shall pay the grantor's tax and ItS own attorney's fees and costs. . City shall bear all other costs of closmg. 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'- ............. r" \ \ \ \ ~l- i~r\'J ~FJ 1 0\ \ \ \ ~~ ~~[1 :/~~ ;t> ~ r---1" / ~J\ \ \ / Lri / ,/ \ 1/ \\ ::\ i/ "'............/ (f) ~ m r- \ ('tl \ ~--i{ () \J ~~1, , ,2:' ,~ ! 3l g ,,...J 1 ~ ~ __~H1 .2 -0 -,:" (1) 1...-->' ,sz ..."...... \ , ,. / /".............J , ,Il' / " ~). ,./ I ,'., J /"-....._, ". I, ...., .I I 'r ~ /.. 'J; "~I I', I ~ / I /')~'/l" ... f @. l "../ t ,,/,/ ::: ~ / /,r. /!1 N o'-t.-... / ~y r';:- S "-... I .I A" -..........c................// '" ./'~ t ~ "5- y %' ~ o ''j,. ~.. 0,",,- .............. """ ?'. ~, ., ' 4__ .1':1'-- ,<~ r ~m' IL'.~ ~ ~ I~"~ (~~ :: l..." /" ~~y ~ CITY OF VIRGINIA BEACH AGENDA ITEM " "- ~ ITEM: An Ordinance to authorize Temporary Encroachments Into a portion of a variable width canal on City property located at the rear of 304 Teal Crescent, for property owners Michael C Maloney and Virginia A. Maloney MEETING DATE: October 28,2008 . Background: Michael C Maloney and Virginia A. Maloney have requested permission to construct and maintain a pier extension and a 4 pile boat lift and to maintain an eXisting dock and deck In a portion of a variable width canal on City property located at the rear of 304 Teal Crescent, Virginia Beach, Virginia. The said canal located behind the Maloney's property IS adjacent to Sand Broad Lake. . Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined In the Agreement. There are Similar encroachments In the variable width canal adjacent to Sand Broad Lake. In accordance with the recommendations of City Council to help address water quality protection In conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center Staff IS of the profeSSional opinion that there IS a functioning revetment on the property and suffiCient eXisting ground covers. In lieu of placing additional buffer areas on the property, the applicants paid, as compensation for the riparian buffer area, $798.00 to the Department of Planning, to be used toward the Tree Restoration - Shore Drive Area Trust Fund. . Public Information: Advertisement of City Council Agenda . Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the Agreement. . Attachments: Ordinance, Agreement, Plat, Location Map and Pictures. Recommended Action: Approval of the ordinance. ~. A Submitting Department/Agency: Public Works/Real Estat..j.b /' !'. City Manager: ~..\_ ~~ f24/lC1 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF A VARIABLE 6 WIDTH CANAL ON CITY PROPERTY 7 LOCATED AT THE REAR OF 304 8 TEAL CRESCENT, FOR PROPERTY 9 OWNERS MICHAEL C. MALONEY 10 AND VIRGINIA A. MALONEY 11 12 WHEREAS, Michael C. Maloney and Virginia A. Maloney desire to construct and 13 maintain a pier extension and a 4 pile boat lift and to maintain an eXisting dock and deck 14 upon a portion of a vanable Width canal on City property, located at the rear of 304 Teal 15 Crescent In the City of Virginia Beach, Virginia. 16 1 7 WHEREAS, City Council IS authonzed pursuant to 99 15.2-2009 and 15.2-2107, 18 Code 'of Virginia, 1950, as amended, to authonze temporary encroachments upon the 19 City's nght of way/property subject to such terms and conditions as Council may 20 prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA. 24 That pursuant to the authority and to the extent thereof contained In 99 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Michael C. Maloney and 26 Virginia A. Maloney, their heirs, assigns and successors In title are authonzed to 27 construct and maintain temporary encroachments for a pier extension and a 4 pile boat 28 lift and to maintain an eXisting dock and deck In a portion of the City's property as 29 shown on the map marked Exhibit "A" and entitled: " "EXHIBIT A" ENCROACHMENT 30 OF PROPOSED PIER & BOATLlFT AND EXISTING DOCK & DECK IN SAND BROAD 31 LAKE AT LOT 77 SANDBRIDGE SHORES SECT. 1B - NORTH MB 103 P 24 32 VIRGINIA BEACH, VIRGINIA," a copy of which IS on file In the Department of Public 33 Works and to which reference IS made for a more particular descnption; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 36 subject to those terms, conditions and critena contained In the Agreement between the 37 City of Virginia Beach and Michael C. Maloney and Virginia A. Maloney (the 38 "Agreement"), which IS attached hereto and Incorporated by reference; and 39 40 BE IT FURTHER ORDAINED, that the City Manager or hiS authonzed deSignee 41 IS hereby authonzed to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that thiS Ordinance shall not be In effect until such 4 4 time as Michael C. Maloney and Virginia A. Maloney and the City Manager or hiS 45 authonzed deSignee execute the Agreement. 46 47 48 of Adopted by the Council of the City of VirginIa Beach, Virglma, on the ,2008. CA-10750 X:IOIDIREAL ESTATElEncroachmentslPW OrdinanceslCA10750 Maloney Ordiance.doc V:\applications\citylawprod\cycom32IWpdocs\D013\PO03100064702.00C R-1 PREPARED' 9/15/08 APPROVED AS TO CONTENTS ~l>- .0- ~~ Y'lnloy PUBLIC WORKS, REAL ES E APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ Jjwt ~f'n'\(II>"J CI A TIORNEY I day PREPARED BY VIRGINIA BEACH CITY A TIORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this /1-:3 day Of$ , 2008, by and between the CITY OF VIRGINIA BEACH, V IRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MICHAEL C. MALONEY AND VIRGINIA A. MALONEY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 77" as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1 B NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA." and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 304 TEAL CRESCENT, Virginia Beach, Virgima 23456; '. WHEREAS, it IS proposed by the Grantee to construct and maintain a pier extension and a 4 pile boat lift and to maintain an eXisting dock and deck, collectively, the "Temporary Encroachment", In the City of Virginia Beach; WHEREAS, In constructing and maintaining the Temporary Encroachment, it IS necessary that the Grantee encroach into a portion of a variable Width canal on City property located adjacent to Sand Broad Lake, the "Encroachment Area"; and GPIN: 2433-27-3415 2433-26-0888 (City Property~ canal) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accrumg or to accrue to the Grantee a nd for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area .for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructled and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and In accordance with the City's specifications and approval and is more particularly described as follows, to wit: A lr emporary Encroachment into the Encroachment Area as shown on that certain plat entitled: ""EXHIBIT A" ENCROACHMENT OF PROPOSED PIER & BOATLlFT AND EXISTING DOCK & DECK IN SAND BROAD LAKE AT LOT 77 SANDBRIDGE SHORES SECT. 1 B - NORTH MB 1m~ P 24 VIRGINIA BEACH, VIRGINIA" a copy of which is attached hereto as Exhibit itA It arid to which reference IS made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment hHrein authOrized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, In case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It IS further expressly understood and agreed that nothing herein contained shall be const~ued to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning pnor to commencing any construction within the Encroachment Area (the "Permit"). It IS further expressly understood and agreed that the Grantee shall make a SEVEN HUNDRED NINETY EIGHT DOLLAR ($798.00) payment, payable to the City Treasurer, to the Department of Planning In lieu of the npanan buffer that will not be established on the property; said buffers are a standard condition of the City for shoreline encroachments. Said payment will be used to restore buffer areas on other City owned property 3 It IS further expressly understood and agreed that prior to Issuance of a right of way/utility easement permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in forGe all-risk property insurance and general liability or such Insurance as is deemed necessary by the City, and all insurance poliCies must name the City as additional namE~d insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability Insurance in an amount not less than $500,000.00, combined singlE~ limits of such insurance policy or poliCies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance poliCies. The Grantee assumHS all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It IS further expressly understood and agreed that the Temporary Encroa chment must conform to the minimum setbacks requirements, as established by the City. It IS further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered profeSSional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered profeSSional engineer, if required by either the Cily Engineer's Office or the Engineering DiviSion of the Public Utilities Department. 4 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost In any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may Impose a penalty in the sum of One Hundred Dollars ($100.00) per day for eaGh and every day that the Temporary Encroachment IS allowed to continue thereafter, and may collect such compensation and penalties In any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Michael C. Maloney and Virginia A. Maloney, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed In its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing Instrument was acknowledged before me this day of o' 2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. H€!/She is personally known to me. (SEAL) Notary Public Notary'Registration Number' My Commission Expires: (SEAL) ATTEST: City Clerkl Authorized Designee of the City Clerk STATE OF VIRG INIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me thiS day of ,2008, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Numbero My CommiSSion Expires: 6 STATE OF VIRGINIA CITYICOUNTY OF 01~\D'~u.rlp-Wit: . The foregoing instrument was acknowledged before me this \ l +~day of 9u~ . ,2008, by Michael C. Maloney. Notary Public Notary Registration Number:' d. D~ 4-2- ~ My Commission EXPlres::L\ be) J \ 7 - ,-------oFFiC"JAlSiAL--. ... ''i) II)TARY P\lI.&ClJIDMEALlHCf_ , HEATHER MARIE ANDERSON ~ CITY OF VIRGINIA BEACH - lOt 7203429 My CommIIIlon EXIIRs September 30,2012 . ..... ~."",...,..........,..........".....,.........",...,.., STATE OF VIRGINIA r:>. CITY/COUNTY OF V, ~\Y\\O.... TYD!. ~~wit: The foregoing Instrument was acknowledged before me this D~ay of ~. , 2008, by Virginia A. Maloney. ) Notary Registration Number:] a... 0 b~ 2 ~ My Commission Expires: ~ W [ \ ~ 7 --------.... 1------ OFFICIAL SEAL Q)t<<lTARY~1M(f'" ~ HEATHER MARtE ANDERSON CITY OF VIRGINIA BEACH _ lOt 1203428 ~ Elqlk9S r 30.2012 ---.--- --------- APPROVED AS TO CONTENTS ~~C>-'~~~>-'\ SIGNATURE CH~ I~ 9\U\~(t ~ ~;' ~~ ' DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM I~~~J 5fWl (luwL CI ATTORNEY I 8 PROPOSED 4 PILE BOAT UFT EXISTING DOCK c!c DECK (15.5'x16.5') /" PARCEL A PROPERTY OF CITY OF VIRGINIA BEACH INST. NO. 20070522000686140 GPIN: 2433-27-3415 t) ~~ fo,t< ~ <<" <0 ~foqj -t ~~. ~_'v rovOO v f,.'" CJv !l, r-. C, ~ C\O" ~ ~ (J<V r--- q,'f r::P~O ~ ~~:':> \ ~. 'V <0 ..>.,<V ':. ~<() qcO \ ~Q ,",' (.c.v c{ 4'~ O<~~' / ~Gj ~ ~~ ~,&i); \.-rl ~0~. APPROX. !"flGE...... I .s.q;: ~~ OF WATER \ \ \ ~\ \ .0\.0 \ g\ ~ \ ....\ltl Z~ \ \ -EXHIBIT A- ENCROACHMENT OF PROPOSED PIER & BOA TUFT AND EXISTING DOCK & DECK IN SAND BROAD LAKE AT LOT 77 SANDBRIDGE SHORES SECT. 18 - NORTH MB 103 P 24 VIRGINIA BEACH. VIRGINIA SCALE: ," = 40' JUNE 9, 0' 40' 80' ~ I GALLUP SURVEYORS c!c ENGINEERS, L TO. 323 ARST COLONIAl. ROAD \/IRGlNIA BEACH. \/IRGlNIA 23454 (757)428-8132 \ \ ) / ) ,./ / 08-68dwg LOT 50 SANDBRIDGE SHORES SECT. 1 A- NORTH MB 78 P 50 RANDY HOLDER GPIN 2433-26-2913 c~\,\\ c~~g ~~\, REF: PHYSICAL FEATURES TAKEN FROM PHYSICAL SURVEY, DATED 11 /1/95 BY JOHN E. S1RINE & ASSOC. L TO. & PREPARED FOR MICHAEL C. MALONEY & VIRGINIA A. MALONEY 2008 120' I ~" ~~~7; f,91 "'~' . \~ (t \'Z. S .~ . --- ;.,) \',\._ "'.. \" '" "~J. l.(,~~ ,# ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Grant and Appropriate Funds for Public Safety Technology MEETING DATE: October 28, 2008 . Background: The United States Department of Justice Office of Community Onented PoliCing Services (COPS) has provided funding to the Virginia Beach 'Police Department since the early 1990's. Histoncally, COPS awarded grants to the City for technology needs and funding of a portion of the salary and benefits for new officers. The Department of Justice has awarded the City a 2008 COPS Technology Grant In the amount of $187,060. Funding of $122,310 will be used to purchase a crime analYSIS and mapping module for Pistol, the Police records management system. The remaining $64,750 will be used to purchase eqUipment for the ForensIc Services Unit. ThiS equipment Includes high quality pnnters, digital cameras, a mobile data terminal for the field, and other forensIc equipment used to gather eVidence. . Considerations: There IS no City match required for thiS funding. ThiS funding will give police crime analysts and the ForensIc Services Unit greater capabilities In analYZing, predicting and solving crimes. . Public Information: Public Information will be provided through the normal Council agenda process. . Recommendations: It IS recommended that City Council accept and appropriate the grant award of $187,060. . Attachments: Ordinance and Award Letter from the U S. Department of Justice Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Department I- C 1--1 fi1 fhr1J' CityManager:~.<t. ~ 1 2 3 AN ORDINANCE TO ACCEPT A GRANT AND APPROPRIATE FUNDS FOR PUBLIC SAFETY TECHNOLOGY 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 6 7 8 9 10 11 12 13 That $187,060 IS hereby accepted from the U S. Department of Justice and appropnated to the Police Department's FY 2008-09 Operating Budget for public safety technology, with estimated revenues Increased accordingly Adopted by the Council of the City of Virginia Beach, Virginia on the 2008 day of ReqUires an affirmative vote by a majority of all the members of City Council. Approved as to Content: Approved as to Legal SuffiCiency' D()~0 _~ Management SE~rvlces iJ(~1!b- City Attorney's . ~ CA 10887 R-2 October 14, 2008 fJ 11 ~ .".... .(.t:/ U.S. Department of Justice Office of Community OrIented Policmg ServIces (COPS) Office of the Direclor 1100 Vermonl Ave.. NW Washington. DC 20530 September 25, 2008 Chief of Police Alfred Jacocks V irgmia Beach, City of 2509 Princess Anne Road MUnicipal Center, Building II Virginia Beach, VA 23456 RECEIVED SEP 29 2008 Re: Technology Program Grant #2008CK WX0561 ORI#' VA 12800 VIRGINI.A. BEACH ?OLlCE DEPT. CHIEF'S OFFICE Dear Chief of Police Jacocks: CongratulatIOns! On behalf of the Department of Justice, I am pleased to mform you that the COPS Office has approved your agency's request for funding under the COPS Technology Program. Enclosed In this packet IS your grant award. The award document must be signed and returned to the COPS Office within 90 days to officially accept your grant. On the reverse side of the grant award is a list of conditIOns that apply to your grant. You should read and familiarize yourself with these conditions. This package also contams other Important mformation to assist with the implementatIOn of your grant, Including your Grant Owner's Manual. The official start date of your grant IS December 26,2007 Therefore, you can be reimbursed for approved expenditures after thIs date. Please carefully revIew your financial clearance memorandum to detennme your approved budget, as some of your requested items may not have been approved by the COPS Office durmg the budget review process, and grant funds may only be used for approved Items, Please be aware that any vendor or contractor who participated m draftmg your grant applicatIOn may not receive federal funding for any procurement under thiS award. Withm a few weeks, you will receIve a PAPRS package from the Office of the Comptroller, Office of Justice Programs. ThIS important package will contain forms and instructIOns necessary to begm drawing down funds for your grant. Once agam, congratulatIons on your Technology Program award. If you have any questIons about your grant award, please do not hesitate to call your Grant Program Specialist through the COPS Office Response Center at 1.800.42 I ,6770. Sincerely, G1\(~ Carl R. Peed Director (I u. S. Department of Justice Community Oriented Policing Services Grants Administration Division (GAD) Law Enforcement Technology 1100 Vtrmont Avenut. NW WOlhonglon. DC 20BO Memorandum To: Chief of Police Alfred M, Jacocks Virgmla Beach, City of From: Andrew A. Dorr, ASSistant Director for Grants Admllllstratlon Verlena Braxton, Grant Program Specialist Budget Prepared By' Antla Noonan, Grant Program Specialist Re: Law Enforcement Technology Financial Clearance Memo A financial analYSIS of budgeted costs has been completed. Costs under thiS award appear reasonable, allowable. and consistent With eXlstlllg gUidelines. Exceptions / Adjustments are noted below OJP Vendor #: 540722061 ORI#: VA12800 Grant #: 2008CKWX0561 Budl!et Catel!orv 1'roposed Budl!et Approved Budl!et Adiustments Disallowed/Adiusted - Reasons/Comments EqUipment $88,750.00 $88,750,00 $0.00 Other $98,310,00 $98,310.00 $0.00 Direct Costs: $187,060.00 $187,060.00 $0.00 Grand Total $187,060.00 $187,060.00 $0.00 Grand Total: Federal Share: $ 187,060.00 Applicant Share: $ 0.00 Cleared Date: 8/29/2008 Overall Comments: All costs listed III thiS budget were programmatIcally approved based on the final budget detail worksheet submitted by your agency to the COPS Office, Mamtenance agreements (if applicable) must be purchased wlthm the three year grant penod, Prior to the obligatIOn, expenditure or drawdown of grant funds for non-competitive contracts III excess of $1 00,000, grantee must submit a sole source JustificatIOn to the COPS Office for r~vlew and approval. Pnor to the obligation, expenditure, or drawdown of grant funds for consultant fees III excess of$550 per day when the consultant IS hired through a noncompetitIVe bidding process, approval must be obtained from the COPS Office. If the vendor number on thiS form differs from the ElN number mcluded III your application, then for admlmstrative purposes only, w(: are asslgmng a different vendor number to your agency The reason for thiS admlmstratlve change lS that your ongmal ElN number has been assIgned to another agency If this applies to your agency, please use the new vendor number on all finanCial documents related to thiS grant award. The vendor number should not be used for IRS purposes and only applies to thiS grant. ,..",~~ ~\"lABe~6'> ;j~l~Sti\ (t:! . \,.., (tit.. :;J,:,. "-\""::""'~';) "'11. . $) ~~.... ' ,~'~ ~~"i'~.<I".'- ~ <1-:/ ~~~.:;::..'" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Approprrate Funds to Provide an Interest-Free Loan to the Virginia Aquarrum and Marrne SCience Center Foundation for the JOint Aquarrum Renovation Project MEETING DATE: October 28,2008 . Background: On November 9,2004, City Council approved a $1 million loan to the Virginia Aquanum & Manne SCience Center Foundation, Inc. (lithe Foundation") for architectural and englneenng ("A&E") costs associated with the renovation of the Aquarrum's onglnal exhibit gallery In conjunction with the Aquarrum Renovation Project. At that time, Council also authonzed the City Manager to enter Into an agreement with the Foundation regarding the renovation project. The Foundation committed $5.2 million In pnvate funding for construction of the exhibits In the renovated exhibit area and requested the loan so that A&E work could continue when the Foundation anticipated a gap In pledge receipts. The project, currently underway, was Initially planned to be completed In May, 2007 However, project delays have pushed the timeline back, and the current projected completion date IS now March 2009. As a result of the almost two-year delay In the renovation timeline, the Foundation did not draw on the loan funds, and the onglnal approprration for the loan IS no longer valid. This request IS to re-approprrate funds to provide the loan to the Foundation and does not Increase the loan amount. . Considerations: The Foundation IS requesting a renewal of the loan and an adjustment In the repayment schedule, as set forth In the attached Promissory Note. This loan will reduce the amount of undeslgnated fund balance available In the General Fund. . Public Information: Information will be disseminated through the normal Council agenda process. .' Alternatives: The alternative to this request could Include pursuit of a business loan from a pnvate financial Institution, which will be costlier and will likely cause delays In the opening of the Aquanum renovation. '. Recommendations: Renew approval of this nO-interest loan and the revised repayment schedule, as outlined In the attached promIssory note. . Attachments: Ordinance; Promissory Note, 2004 Agreement with the Foundation Recommended Action: Approval . Submitting Department/Agency: Department of Museums ~ J. ~ CitYManager:~_~ ~~ 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 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE AN INTEREST-FREE LOAN TO THE VIRGINIA AQUARIUM AND MARINE SCIENCE CENTER FOUNDATION FOR THE AQUARIUM RENOVATION PROJECT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT 1 $1,000,000 IS hereby appropnated from the fund balance ofthe General Fund for an Interest-free loan to the Virginia Aquanum and Manne SCience Center Foundation to support the activities associated with the JOint Aquanum renovation project, contingent upon execution of the attached promissory note; 2. ThiS loan IS to be repaid by the Virginia Aquanum and Manne SCience Center Foundation over five (5) years, pursuant to the terms of the attached promissory note; 3. The Foundation, as a condition of receiving thiS loan, shall provide quarterly reports, beginning on January 1,2009, to the City Manager concemlng the status of the Foundation's pledge campaign and collections; 4 The respective obligations of the City and the Foundation for the Improvement of exhibits at the Virginia Aquanum & Manne SCience Center shall continue pursuanlt to the Cooperation Agreement between the City and the Foundation, dated November 10, 2004 Adopted by the Council of the City of Virginia Beach, Virginia on the .,2008. day of ReqUires an affirmative vote by a majority of all members of the City Council. Approved as to Content: . Approved as to Legal SuffiCiency' .19Q~O.~ Management Services I ~C7~ City A orney's Offic ~ CA 10889 R-3 October 15, 2008 PROMISSORY NOTE VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION Virginia Beach, Virginia U.S. $1,000,000 Oct. _, 2008 FOR VALUE RECEIVED, the VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION, INC. ("Foundation"), a Virginia non-profit corporation having an address of 717 General Booth Boulevard, SUIte 1, Virgmia Beach, VirgillIa, 23451, promises to pay to the order of the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City") having an address of Finance Department, MunICipal Center, Building One, Virginia Beach, Virginia, 23456, the principal sum of ONE MILLION DOLLARS ($1,000,000), without interest, from the date hereof until paid. A. Payments: PrinCIpal shall be payable as follows: 1 Continumg each year until paId in full; five (5) equal installments ofpnncIpal shall be due and payable. No interest shall accrue on the prmcipal. Such payments shall be: 1. $200,000 due on or before January 15,2010; 2. $200,000 due on or before January 15, 2011, 3 $200,000 due on or before January 15,2012; 4. $200,000 due on or before January 15,2013; 5. $200,000 due on or before January 15,2014. 2: The Foundation covenants and agrees to conduct fundrmsmg efforts that will prOVIded revenues suffiCIent to meet its obligatIOns hereunder. 3: All payments on this Note shall be made by cashier's check, certIfied check or by WIre transfer to the account deSIgnated by the City Department of Finance. 1 B. Waivers. Extensions and Costs: The FoundatIon (a) waives presentment, demand, protest, notice of non-payment, notice of dishonor and notice of protest and (b) agrees, if an Event of Default shall have occurred, to pay all expenses, including reasonable attorney's fees, incurred by the City m the collectIOn of the amounts due hereunder. C. Events of Default: The followmg are "Events of Default" hereunder: (a) the failure to payor perform any obligation, liability or indebtedness of the FoundatIon to the City hereunder as and when due (whether upon demand, at maturIty or by acceleratIOn); (b) the commencement of a proceeding against the Foundation for dissolutIOn or liquidatIOn that IS not dismissed within ninety (90) days after the Foundation shall have been duly served with notice of such matter; (c) the voluntary or mvoluntary terminatIOn or dissolution of the FoundatIOn; (d) a custodian, trustee, liqUidator or receiver shall have been appomted by a court of competent jurisdictIon for all or any of the property of the Foundation that is material to its operatIOns; (e) an assignment for the benefit of creditors, or the filing of a petItion for any adjustment of indebtedness, cOlnposltIon or extenSIOn, by the Foundation; (f) the entry of a final, non-appealable judgment against the Foundation in an amount m excess of$I,OOO,OOO that IS not satisfied within thIrty (30) days thereafter; or (g) the seizure or forfeIture of, or the issuance of any final wnt of posseSSIOn or attachment, or any final turnover order, for property of the FoundatIon without whIch It IS unable to operate. 2 D. Remedies upon Default: Whenever an Event of Default shall have occurred under this Note and be contmumg beyond any applicable cure penod, (a) the City may, at its optIOn, declare all sums payable hereunder immediately due and payable, in which case the entire unpaid balance of the Note and any accrued mterest thereon shall become immediately due and payable and/or (b) the City may exercise any other remedy available to It under applicable law E. Non-Waiver: The failure at any time of the City to exercise any of its options or any other rights hereunder shall not constitute a waIver thereof, nor shall it be a bar to the exerCIse of any of Its rights at a later date. All rights and remedies of the City shall be cumulative and may be pursued smgly, successively or together, at the optIOn of the City The acceptance by the City of any partial payment shall not constItute a waiver of any default or of any of the City's nghts under this Note. No wavier of any of Its rights hereunder, and no modification or amendment of this Note, shall be deemed to be made by the City unless the same shall be m writmg, duly SIgned on behalf of the City Each such Waiver shall apply only WIth respect to the speCIfic mstance involved, and shall 10 no way impair the rights of the City or the obligatIons of the FoundatIOn to the City in any other respect at any other time. F. Applicable Law. Venue and Jurisdiction: This Note and the rights and obligations of the FoundatIOn and the City hereunder shall be governed by and mterpreted m accordance WIth the laws of the Commonwealth ofVirgillIa. Any litIgation in connectIon with or to enforce thIS Note shall be conducted in the courts of the City of VirgmIa Beach, VirgInia, and any objection as to venue in any such court IS hereby waived. G. Partial Invaliditv: The unenforceability or invalidation of any provision of thIS Note shall not affect the enforceability or validity of any other prOVISIon herem, and the invalidity or 3 unenforceability of any provIsion of this Note to any person or CIrcumstance shall not affect the enforceability or validity of such provision as It may apply to other persons or CIrcumstances. H. Bindin2 Effect:. ThIs Note shall be bmding upon and inure to the benefit of the Foundation and the City and their respectIve successors and assigns; provided, however, that no obligations of the Foundation hereunder can be assigned wIthout the prior written consent of the City. I. Prepayment: This note may be prepaId in part or in full at any time without penalty. WITNESS the following signatures and seal: VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION, INC. By: PresIdent ATTEST' 4 AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION, INC. ThIS AGREEMENT ("Agreement") made and entered mto as of thIS lC l'"'h day of \\j~...t,1\'O-t\U, 2004, by and between the CITY OF VIRGINIA BEACH, a murucIpal corporation of the Commonwealth ofVirgmIa (the "City") and the VIRGINIA AQUARIUM & MARINE SCIENCE FOUNDATION, INC.. a pnvate, non-stock VirgmIa corporatlOn (collectIvely the "FoundatlOn"). RECITALS WHEREAS, the City IS the owner and operator of the buildings, grounds and related facilities located m the City of Virginia Beach, known as the VirgillIa Aquarium & Manne SCIence Center, formerly known as the Virginia Manne Science Museum (the "Museum"); WHEREAS, the Foundation IS the owner of all ofthe ammals acqUIred for the Museum and all permanent exhibIts located m toe Museum, which have been constructed, funded or purchased by the FoundatIOn; WHEREAS, on November 12,2002, the City and the FoundatIOn entered mto a Memorandum of Understanding and an Operatmg Agreement to memorialize theIr long- standing relatIOnshIp and to support the programs and exhibIts of the Museum; WHEREAS, the Foundation deSIres to make a substantial mvestment to change and update the original exhibIts and has embarked on a $5.2 million capItal campaign to finance the plan and design of the new exhibits, and will separately contract to procure constructIOn servIces for the exhibIts (collectIVely the "Project"); WHEREAS, the City will cooperate wlth the FoundatIOn m thIS endeavor by (i) contractmg to procure certam deSIgn servIces, and (ii) contractmg to procure certam constructIOn servIces for the facilIty improvements needed to house the new exhibIts through three CapItal Improvement ProJects, which have been deslgnated by the City as CIP 3-322 "VMSM Ongmal ExhibIt Gallery Renovations" and CIP 3-038 "Various Buildings RehabilitatIOn and Renewal" and lor CIP 3-100 "Vanous Buildings HV AC RehabilitatlOn and Renewal" (collectIvely the "Facility Improvements"); WHEREAS, SectIOn 1 (E) of the Operatmg Agreement requires that all JOIntly funded proJects be memonalized through the executIOn of a speCIfic agreement; and WHEREAS, the City and FoundatIOn deSIre to memonalize their mutual obligations pertammg to the deSIgn of the exhibIts and the deSIgn of the building and mfrastructure WIth the objectIve of producmg two separate, but coordinated sets of construction documents, sUItable for bIdding and constructing the Project and the Facility Improvements under separate construction contracts. AGREEMENT The parties to thIS Agreement, m consideratIOn of the mutual covenants and stipulatIOns set forth below, agree as follows: 1. Foundation Responsibilities. a. The FoundatIOn will contract WIth Chermayeff, Sollogub, and Poole, Inc. ("CSP"), whmie address IS 51 Melcher Street, 9th Floor, Boston, MA 02210 for the desIgn and engineenn.g of the ProJect, and shall fund all of the desIgn and engmeenng work. assocIated with both the Project and the Facility Improvements mcluding but not limIted to, planllIng, preparation of all project documentation, permittmg, design and engmeenng, preparatIon of construction documents, exhibIt fabncation and mstallatIOn specIficatIOns, construction contract bidding, and construction contract administration, save and except for the City's FinanCIal CommItment of $467,000. The Foundation shall pay all fees charged and costs incurred by CSP m performmg tlus work above the City's financial comnutment of $467,000. b. Upon confirmatIOn of suffiCIent funding for all FoundatIOn design costs, the City will contract WIth CSP as ..Archltect" for the deSIgn and engineering ofthe Facility Improvements such that design documents will be prepared to be conSIstent WIth the City's Proposal/BId Contract and General ConditIOns for construction projects. The City's cost for the servIces to be performed by the Architect shall m no event exceed $467,000, and saId amount shall be paId to the ArchItect by the City m accordance WIth the terms ofth(~ contract between the City and the ArchItect. All fees and costs relatmg to the deSIgn and engineenng ofthe Facility Improvements and/or the Project in excess of $467,000 shall be the exclUSIve responsibility of the FoundatIon, and both the City's contract WIth CSP and the FoundatIOn's contract with CSP shall so specify. The City shall receIve upon conclUSIOn of the deSIgn phase all of the drawmgs and construction documents for the Facility Improvements necessary and appropnate for bIdding and construction by the City, both m form and substance. c. Upon conclUSIOn of the Project and FacilIty Improvements' deSIgn phase, and prior to the City's advertIsement for construction bIds for the Facility Improvements, the Foundation shall provide to the City evidence of funding suffiCIent to cover the difference between the City's constructIOn cost commItment of Two Million Seven Hundred Thousand ($2,700,000) Dollars and CSP's estimate of total construction costs . for both the Project and the Facility Improvements, plus a reasonable combmed construction contmgency. Such eVIdence shall be m the form ofa commItment letter for a pnvate loan, or such other eVIdence of suffiCIent financmg as may be acceptable to the City Attorney For purposes of thIS Agreement the term ..reasonable combined constructIOn contmgency" means 10% ofthe final constructIon cost estImate as 2 determIned by CSP after completion of 100% of the necessary construction drawIngs for both the Project and the Facility Improvements. d. Upon conclusIOn of the design phase of both the Project and Facility Improvements, and prior to the City's advertisement for constructIon bids for the Facility Improvements, the Foundation shall transfer to the City, and the City shall appropnate mto ItS Capital Improvement Project CIP 3-322, all supplemental funding needed to fund fully the estimated cost of constructmg the Facility Improvements to the extent that the estImated cost exceeds the City's constructIOn contributIOn of $2,700,000. The Foundation acknowledges and agrees that the City shall have the nght to elect not to proceed WIth the construction of the Facility Improvements If: (i) suffiCIent eVIdence of the funding the FoundatIOn IS obligated to proVIde, in a form acceptable to the City, IS not provIded by the FoundatIOn; or (ii) the Foundation fails to transfer to the City all or any portion of the funds m excess of$2,700,000 whIch are necessary to fund fully the estimated construction cost of the Facility Improvements, mclusIve of contingency. e. The Foundation will contract separately from and independent of the City for the constructlOn, fabrication and installation work necessary to complete the ProJect, and shall take all reasonable steps to cause the FoundatIon's contractor(s) to prosecute and complete the work for the Project m a diligent manner. f. Any Project or Facility Improvement costs in excess of the City's $467,000 contributIOn for deSIgn costs and ItS $2,700,000 contribution for the Facility Improvements shall be the exclusive responsibility of the Foundation. All Facility Improvement costs m excess of $2,700,000 shall be on depOSIt with the City before the City awards the construction contract for the Facility Improvements. g. The FoundatIOn and the City will coordinate the ArchItect's reVIew, InSpectIOn and approval of all phases of the Project to the extent necessary to comply WIth all applicable City ordinances and inspectIOn requirements. The City shall have the nght to enter upon any portIOn of the SIte at any tIme for any reason dunng constructIon of both the Facility Improvements and the ProJect. 2. City Responsibilities. a. Upon satisfactIon by the FoundatIOn of all conditIons precedent specified herem, the City shall soliCIt bIds for and award a contract for the constructIOn of the Facility Improvements constructIOn, and shall prOVIde reasonable cooperatIOn with ArchItect's contract admmIstratIOn and other servIces relatmg to the Facility Improvements and the ProJect. The City will work WIth the Architect m the ArchItect's admIllIstratIOn of the constructIon contract for the Facility Improvements, and shall take all reasonable steps to cause the City's contractor to prosecute and complete the work for the Facility Improvements In a diligent manner. Upon completIon of the Facility Improvements, and ifno claIms between the City and the City's contractor are known or believed to eXIst, any reSIdual Foundation funding remammg in the elP account will be returned to the FoundatIon. If any claIms are known or believed to eXIst, the City may, m 3 Its discretion, WIthhold any residual FoundatIOn funding until resolutIOn of saId claims. Any reSIdual FoundatIon funding may be expended by the City in the resolutIOn or satisfaction of said claims, upon reasonable notIce to the FoundatIOn. b. The City will prOVIde such assIstance as may be appropriate to the prompt and efficIent comp]etlOn of both the Project and the Facility Improvements. c. The City's total finanCIal commItment for the deSIgn servIces shall not exceed Four Hundred Sixty-Seven Thousand ($467,000) Dollars. d. The City's total financlal commltment for the constructlOn of the Facility Improvements shall not exceed Two Million Seven Hundred Thousand ($2,700,000) Dollars. 3. Non-Appropriation. It IS understood and agreed between the parties hereto that the City shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose of this Agreement. In the event funds are not appropriated and budgeted m any fiscal year for payments or finanCial obligations due under thIS Agreement, thc~ City shall Immediately notIfy the Foundation of such occurrence and thts Agreement shall terminate on the last day of the fiscal year for which (an) appropnatIOn(s) (was) were received Without penalty or expense to the City of any kind whatsoever; prOVIded that the City shall promptly return to the FoundatIOn any unexpended funds prevIously prOVIded by the FoundatIOn and bemg held by the City. 4. Defaullt; Breach: Remedies: Termination. In the event, either party, for any reason or through any cause, is m default of the terms of thIs Agreement, the non-defaultmg party shall gIve the defaultmg party written notIce of such default by certIfied mail/return receIpt requested at the address to be prOVIded by the parties. Unless otherwise prOVided, the defaultmg party shall have 14 days from the date such notIce IS mailed m whIch to cure the default. Upon failure ofthe defaultmg party to cure the default, the defaultmg party shall be m breach, and without preJudice to any of its other remedies, the non-defaultmg party shall have the followmg remedies and may enforce each remedy cumulatIvely' a. In the case of a defaultlbreach by the F oundatlOn: I. Ifpnor to the City's havmg contracted With a contractor to perform the constructlOn of the Facility Improvements and pnor to the City's expenditure of any funds m furtherance of the Facility Improvements, the City may immediately cancel and termmate this Agreement as of the mailing date of the notIce of default; 4 II ii. If on or after the City's execution of a contract wIth a contractor to perform the construction ofthe Facility Improvements or on or after the date of the City's first expenditure of any funds in furtherance of the Facility Improvements, the City may unmediately cancel and termmate this Agreement as of the mailing date ofthe notIce of default; and/or, regardless of whether thIS Agreement IS termmated, the City may recover from the Foundation any and all funds obligated to or claImed by its contractor and/or expended in furtherance of the Facility Improvements, and all other actual damages proXImately caused by the FoundatIOn's defaultlbreach. b. In the case of a defaultlbreach by the City: I. The Foundation may immediately cancel and terminate this Agreement as of the mailing date of the notice of default; and/or, regardless of whether this Agreement is terminated, the FoundatIon may recover all supplemental funds actually paid to the City and all other actual damages proximately caused by the City's defaultlbreach. 5. Non-Assignment. The FoundatIon shall not assign Its nghts and dutIes under this Agreement WIthout the pnor consent of the City. 6. Applicable Law: Compliance With All Laws: Venue a. ThIS Agreement shall be deemed to be a Virgmla contract and shall be governed as to all matters whether of validity, mterpretatIOns, obligatIons, performance or otherwIse exclUSively by the laws of the Commonwealth ofVirgmla, and all questIons arismg with respect thereto shall be determmed in accordance WIth such laws. b. The FoundatIOn shall comply WIth all federal, state and local statutes, ordinances and regulatIOns now in effect or thereafter adopted, m the performance of the work aSSOCiated WIth the ProJect. c. Any and all SUItS for any claIms or for any and every breach or dispute ansmg out of thIS Agreement shall be mamtained m the appropnate court of competent JunsdictIOn m the City ofVirgmIa Beach. 7. No Modification. There may be no modificatIOn of thIS Agreement, except in wntmg, executed by the authonzed representatives of the City and the Foundation. 5 As eVidence of theIr agreement to the terms and conditions set forth herem, the parties affix their authonzed signatures hereto: CITY OF VIRGINIA BEACH By: Jfq~ City anager/ Authonz eSlgllee ATTEST: ~~/H1#d ity Clerk VIRGINA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION, INC. ~ ~ By: ~~~ - I" Title: 9~~ APPROVED AS TO CONTENTS: 4~A/3'. ~- ~\1useums and Cultural Arts APPROVED AS TO RISK MANAGEMENT: ;?~ L/r- ~~f?f___ RISk Managem(mt ~IrIED AS TO A V ~) , Department of l'inance APPROVED AS TO ~a/Y;- City Attorney's Office 6 ~~\ IIl1:~':S:'~'t (f{ , \'1: f: -- f~ {'. -- .IJ ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds and Establish an Animal Care Shelter Manager Position In the Police Department MEETING DATE: October 28, 2008 . Background: The creation of an Animal Care Shelter Manager position was recommended by the City Manager In the June 2008 Policy Report titled "Findings and Recommendations for Transformmg the Virgmla Beach Ammal Control Facility into an Adoption-Fnendly Ammal Care and Control Facility" The Animal Care Shelter Manager would assume management and oversight of the current Animal Control facility to continue the progress toward an adoption-fnendly facility ThiS would allow the current sworn Commanding Officer of the Animal Control Bureau to concentrate efforts on the code enforcement aspects of the organization. Hinng the position In FY 2008-09 would also allow the manager to become Involved In the early stages of deSigning, planning, organizing, and staffing the new Animal Control facility ThiS IS conSidered essential as City staff continues the process of Identifying property for the new facility, holding a public heanng, and planning the deSign/build phase of the facility . Considerations: It IS antiCipated that the Shelter Manager would be hired approximately mid-way through the current FY 2008-09 fiscal year Total cost for salanes, benefits, equipment, and supplies will not exceed $69,869 for the remainder of the FY 2008-09 fiscal year The position IS being funded through a transfer from the General Fund Regular Reserve for ContingenCies. The balance In the Reserve, pnor to approval of thiS item, IS $634,859 . Public Information: Public Information will be handled through the normal Council agenda process. . Alternatives: If thiS new position IS not funded, the duties and responsibilities . associated with thiS position will continue to be performed by the Commanding Officer of the Animal Control Bureau. . Recommendations: It IS recommended' that $69,869 be transferred from the General Fund Regular Reserve for ContingenCies to the Police Department's FY 2008- 09 Operating Budget to fund the Animal Control Caretaker Manager position and associated expenses for the remainder of the FY 2008-09 fiscal year . Attachments: Ordinance Recommended Action: (1,.. j IttnfolLl- Submitting Department/Agency: ~ '->II---<r City Manager: 1(. c;. ~ 1 2 3 AN ORDINANCE TO TRANSFER FUNDS AND ESTABLISH AN ANIMAL CARE SHELTER MANAGER POSITION IN THE POLICE DEPARTMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 6 7 8 9 10 11 12 13 14 15 16 17 1 That $69,869 IS hereby transferred from the General Fund Regular Reserve for Contingencl1es to the Police Department's FY 2008-09 Operating Budget to fund the Animal Care Shelter Manager position and associated operating expenses and equipment. 2. That a full-time Animal Care Shelter Manager position, with City employee benefits, IS established In the Police Department's FY 2008-09 Operating Budget to manage the An.lmal Control facility Adopted by the Council of the City of Virginia Beach, Virginia on the 2008 day of ReqUires an affirmative vote by a majority of all the members of City Council. Approved as to Content: Approved as to Legal SuffiCiency' B~Q.~ Management Slervlces City at l!!- -----~ CA 10892 R-2 October 15, 2008 Polic~ort Animal Care Shelter Manager BACKGROUND One of the next key steps necessary to continue our progress in achieving the City Council's direction to create an adoption-friendly environment and program for animal care is to establish an "Animal Care Shelter Manager" position. The creation of an "Animal Care Shelter Manager" position was recommended by the City Manager in the June 2008 Policy Report "Findings and Recommendations for Transforming the Virginia Beach Animal Control Facility znto an Adoption-Friendly Animal Care and Control Facility. " CONSIDERATIONS The Animal Care Shelter Manager would also assume management and oversight of the current Animal Control facility to continue the progress toward an adoption-friendly facility. lIDs would allow the current Commanding Officer of the Animal Control Bureau to concentrate efforts on the code enforcement aspects of the organization. The Animal Care Shelter Manager would be involved in the early stages of planning, designing, organizing, and staffing the new Animal Care Shelter. lIDs is considered essential as city staff continues forward in identifying property for the new facility, holding a public forum and planning the design/build phase of the facility. The position is classified in the Administrative Pay Plan, Range 15, with a salary range of $58,558 - $87,837. Projections are that the Shelter Manager would be hired approximately mid-way through the current 2008/09 budget; therefore the below funding projections are for six months: Total cost for six months should not exceed $69,869 which includes six months of salary and fringe benefits ($45,946); vehicle, computer equipment, office equipment. supplies, and internal service charges ($23,923). Funding for this new position was not anticipated in the FY 2008/09 Animal Control Bureau operating budget and can not be absorbed without severely impacting current Animal Control operations. Appropriate budget amendment requests will be submitted to continue funding the position into the FY 2009/1 0 budget year and beyond. Management Services will prepare a budget amendment ordinance for Council's consideration and adoption should Council desire to move forward now as opposed to waiting for the FY 2010 budget process. The creation of this new position would require the transfer of$69,869 from contingencies to the Police Department Animal Control Bureau operating budget. 1 Public Informatic!!!: Public Input has blgen solicited regarding "best practices" for continuing the transformation of the Animal Control Bureau Into an adoption-friendly facility dunng a public forum held in April 2008. Comments from the SPCA and the Friends of Animal Control were solicited dunng the drafting of the job descnption for the position. Alternative Counie of Action: If this new position is not funded, the duties and responsibilities associated with this position will continue to be pert'ormed by the Commanding Officer of the Animal Control Bureau. Review and Appr,oval: Prepared by' de~~~,Zicea;a~ ~ J ~ Approved: L~ K. S re, City Manager Class Number: 2769 Revised: sa: October 2008 ANIMAL CARE SHELTER MANAGER Summary Position Description Creates and maintainS an adoptlon-fnendly Ammal Care and Control shelter by planning, orgamzmg, directIng and supervISing a staff composed of both cIty employees and volunteers who are customer-service onented and committed to ammal welfare by provIding a humane and safe envIronment for all anImals; commUnicates WIth a vanety of audiences wlthm the City, volunteers, and other national ex.perts m the field of ammal care; promotes ammal care and adoption; and pertorms related work as reqUired. Applicant must be commItted to an adoptlon- fnendly philosophy In whIch only those ammals that are detemuned to be too ill or too aggressive are euthanIzed. Critical Elements of Performance Ensures the humane treatment for all ammals that come under the auspIces of the shelter; Implements short and long term strategies which responsibly reduce anImal mtakes, Increase animal adoptIOns, Improve ammal care, provIde ammal behaVior and medical rehabilitation, encourage spayJng and neutenng, and develop protocols that encourage animals remam WIth their responsible caretakers; plan, orgamze, coordinate, reView, evaluate and direct the Implementation of programs providing animal care servIces to the general public and other animal welfare agencIes; direct the administratton of programs lDcluding adopttons, fundralsmg, vetennary servIces, and ammal welfare educatIon; assure that the shelter has a long-range strategy to maintam ItS mISSIOn of savlDg adoptable anImals; develops goals and objectives and work m cooperation WIth representatives of other ammal welfare organIzatIOns, volunteers, non-profit orgamzatlOns, bus10esses and community groups to develop and Implement collaborative programs and services, and to nuse alternative sources of funding to aid 10 overall shelter goals; prOVIde assIstance to the conunuDlty and volunteer groups, animal welfare organIzatIons, and the general public; oversee marketmg and publicIty for shelter activitIes, programs and goals; be responsible tor overseemg the recnutment, employment, direction, management and discharge of all personnel; mamtam OtliClal records and documents, prepare finanCIal reports and budgets; understand and Implement programs m compliance WIth current federal, state and local laws. ReViews and develops laws and legislatIOn at the local and state levels whIch wil1lmprove conditIons for ammals and their caretakers. Performance Standards Ensures compliance With all appropnate City, state and federal laws and regulatIons; develops and coordinates creatIve and engagmg educauonal programmmg and volunteer actiVIties to encourage public partICipation m responsible pet ownershIp; promotes collaboratIve relatIOnshIps WIth commuDlty groups and others; effectively supervises subordinates and commUDlcates changes 10 law and/or procedure; demonstrates quality customer service m all responses to inqUIres from the public or other agencies In a tImely manner; etfectlvely Implements programs that encourage pet adoption. Knowlede:e-Skills-Abilities Required to Perform Satisfactorilv A. Knowledge Knowledge of cIty ordinances and federal and state laws pertammg to the care, control and handling of a vanety of ammals. ') Knowledge of basIc ammal husbandry and behavIOr pnnclples. 3. KnowIedge of herd health management, vetennary care and protocols. . 4. Knowledge of cIty and departmental core values, mISSIon and operatmg policIes and procedures. 5. Knowledge of budget adminIstratIon and asset allocatIOn, mcluding organIzational poliCies and procedlLlres. 6. KnowJ4,dge of human resources management poliCIes and practices. 7 Knowl€:dge ofmotJVational techmques, leadership practIces and the pnnciples of human behavlC>r. 8. Knowledge of medical conditIOns and behaVIOral charactenstJcs to detemune If euthanasIa IS necessalry. 9. Knowledge of protocols established by the Humane Society of the United States, VirglOla state codes aI1ld VirgIrna Department of Agnculture and Consumer ServIces admmistrative regulatwns. 10. Knowledge of media relations practices. II. Knowledge of animal disaster plaruung to Include malntamlng a disaster plan for the shelter and a community disaster preparedness plan to prepare the commumty for natural disasters. B. Skills Skill 10 planmng, orgamz1Og, directmg and momtonng baSIC and complex shelter operations. 2. Skill m revlewmg and mterpret10g finanCial records and prepanng finanCial reports. 3 Skillm effective commumcatlon both orally and In wntmg. 4. Skill m analyzmg statIstical data to Identify operatIOnal needs. 5 Skill m rcsolvmg contlict and building consensus among group members m appropnate circumstances. 2 C Abilittes Ability to deal effectively wIth people 10 a wIde vancty of sltuatlOns and cIrcumstances. 2, Ability to develop and admInister creative and engaging programming to promote adoption and responsible pet ownershIp. 3, Ability to plan, Implement and evaluate effectIveness of programs and projects. 4. Ability to prepare reports and other admmlstratlve functlOns. 5. Ability to tram and supervIse the work of staff. 6. Ability to foster team effectiveness and accomplishment of shared goals to establish and mamtam volunteer and staff morale. 7 Ability to oversee and manage a large volunteer contmgent mcluding recruitment, traimng, scheduling, rewards, etc. 8. Ability to cultIVate relationships WIth area animal advocacy groups such as SPCA, PET A, AmmaI Welfare Coalition of Hampton roads, vetennary climes and ammal rescue groups to learn and share best practIces. 9 Ability work collaboratively WIth local vetennanans to ensure the proper care of ammals and ensure that vetennary orders are carried out to mclude admmlstenng medicatIon and transportation when requIred. 10. Ability to make recommendatIons for change and reVISion to processes that affect shelter operatIons. ) I. Ability to utilize computer software to access and mterpret data, prepare documents, develop proposals and to antICIpate and prepare for change IOsplred by technological advancements. 12. Ability to malntam an accurate ammal regIstratIon and Inventory system. 13. Ability to use the Internet to advocate and advertIse sheller actiVIties. 14. Ability to communicate effectively usmg verbal commUnicatIon In varymg SItuations, mcluding general directIons, instructions and informatIOn to the public. is. Ability to commumcate effectIvely usmg wnlten communications, mduding memos, correspondence, reports and forms. 16. Ability to establish posItIve worklOg relatIOnshIps WIth local media outlets. 17 Ability to mterpret and apply cIty and Police Department poliCIes. 3 ~inimum Oualificaltions ReqUIres a Bachelors degree from an accredited college or university and SIX years of progressive professIOnal expenence In a related tield such as Busmess, Public RelatIOns, CommUniCatIOns, Public Admmlstratlon, Public Health. Vetennary or Ammal SCIences. Law or a related field whIch prOVIdes the knowledge, skills and abilitIes listed above. Must possess a valid VirgInia or North Carolina dnver's license. 4 K. PLANNING 1. ApplicatIOns for the expanSIOn of Nonconformin1! Uses: (DISTRICT 5 - L YNNHA VEN) a. DR. ALAN W. and ELIZABETH MAHANES re alterations and additIOns to a cottage and garage apartment at 108 A and B 55th Street RECOMMENDATION: APPROV AL b. MARTIN SCHARA re additIOn of a second story to the front dwelling and construction of a new two-story cottage m the rear of211 70th Street RECOMMENDATION: APPROV AL 2. ApplicatIOn of GEORGE POWELL for a ConditIOnal Use Permlf re bulk storage and a building contractor's yard at 5512 Southern Boulevard (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 3 ApplicatIOns of the CITY OF VIRGINIA BEACH to AMEND the City Zonmg Ordinance (CZO) and the City Code re Workforce Housing: a. ~2102 re definitions of "Affordable", "Area Median Income", "Workforce Housmg", "Workforce Housing Unit"; deletmg "Qualified Buyer", "Qualified Renter" and ADDING "Eligible Buyer" and "Eligible Renter" b. Chapter 16, ArtIcle VIII, re definitions and program procedures c. ESTABLISH a Revolving Special Revenue fund d. CONSIDER program documents and provIde for execution of legal instruments RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet In the Chamber at City Hall, MUnicipal Center. 240:1 Courthouse Drive, Tuesday, October 28, 2008, at 6:00 p.m. The following applications will be heard: DISTRICT 5. LYNNHAVEN DR. ALAN W. & MRS. ELIZABETH MAHANES Application: Expansion of Q Nonconformme: Use at 108 A & B 55th Street (GPIN 2419804296). E. MARTIN SCHARA Application: Expansion of a Nonconformlne: Use at 211 70th Street (GPIN 2419654382). CITY OF VIRGINIA BEACH Ordinance to Amend Section 2102 of the City Zonmg Ordinance, revIsing the definitions of "Affordable," "Area Median Income," "Workforce Housing" and "Workforce Housmg Unit" and deleting definitions of "Qualified Buyer" and "Qualified Renter," and adding definitions of "Eligible Buyer" and "Eligible Renter n DISTRICT 2 . KEMPSVILLE GEORGE POWELL Application: Conditional Use Permit (bulk storage and building contractor's yard) at 5512 Southern Boulevard (GPI~ 1467248190). AICUZ IS Les~, than 65. . All Interested citizens are Invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances. resolutions and amendments are on file and may I:)e examined m the Department of Plannmg or online at ihttD:/ /www.vblfoy.com/DC For mformation call 385-4621. 'If you are phYSically disabled or visually Impaired and need assistance at tillS meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon Oct. 12 & 19, 2008 193807E'7 ~~...~ k~' ~~"@.'~i' 15 'w' ~'-~.} l.\~ ~ /1 ~ ..y~ ~~o.:;.r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use Located at 108-A and 108-B 55th Street, L YNNHAVEN DISTRICT MEETING DATE: October 28,2008 . Background: The applicant requests approval to make alterations and additions to an eXisting single-family dwelling and a garage apartment. The buildings were constructed In 1945 and are tYPical of the "Beach Cottage" style that was popular at that time. Garage apartments were allowed by-nght In this area until August 1985, when the use was removed from the Comprehensive ZOning Ordinance. The site IS nonconforming because garage apartments are no longer allowed as a permitted or conditional use In the City . Considerations: The City ZOning Ordinance defines 'garage apartment' as "a structure above a pnvate garage In which provIsion IS made for one (1) dwelling unit, reqUlnng an Intenor stairway to the second floor, provided that the liVing area does not exceed . eight hundred (800) square feet of floor area and the height does not exceed twenty-eight (28) feet." The eXisting structure meets the definition. The applicant, however, IS proposing a third floor addition to the two-story garage apartment. With thiS third floor addition, it will no longer be considered a garage apartment and will Instead be considered a second single-family dwelling on the site. A garage, however, will remain on the first level of the structure. The applicant Intends to use thiS second dwelling as a guest house. For the one-story dwelling at the front of the lot, the applicant IS proposing a second floor addition over the one-story portion. The proposed alterations and additions to both structures are reminiscent of old beach cottage deSigns. The applicant IS uSing gables and shed-style dormers, porches and decks to provide visual Interest to both homes. . Recommendations: Pursuant to Section 105(e) of the City ZOning Ordinance, a nonconforming use may be modified only if the City Council finds that the proposed use, as modified, will be "equally appropnate or more appropnate to the distnct than IS the eXisting nonconformity" In thiS case, Staff concludes that the proposed alterations and additions are reasonable, will have a minimal Impact, and should be as appropnate to the distnct as the eXisting non-conformity While two single-family dwellings are not permitted on one lot In thiS area, In thiS case the density IS not increasing, as two dwellings (the main house and the garage apartment) currently eXist on site and the applicant IS requesting Alan and Elizabeth Mahanes Page 2 of 2 permiSSion to make additions and alterations to the eXisting buildings. The request liS also In keeping with one of the goals of the North Virginia Beach CivIc League which IS to encourage beach-style cottages versus large boxy duplexes. This situation IS similar to that found In the Old Beach neighborhood, south of 31st StrE~et, where an overlay district has already been adopted to allow this type of development on a site proVided certain design criteria are met. Staff finds thiS request to be acceptable and In keeping with surrounding propertie!s, and therefore recommends approval subject to the conditions listed below The following conditions are recommended: 1 The additions to the Single-family dwelling and garage apartment shall substantially adhere to the submitted site plan entitled "Proposed Modifications to the ALAN AND ELIZABETH MAHANES RESIDENCE Virginia Beach, Virginia", dated December 3,2007, and prepared by Lyall D1aslgn Architects. Said plan has been exhibited to the City of Virginia Bl~ach City Council and IS on file In the Planning Department. 2. The additions to the Single-family dwelling and garage apartment shall substantially adhere to the submitted elevation plans (main house and guest house) entitled "Proposed Modifications to the ALAN AND ELIZABETH MAHANES RESIDENCE Virginia Beach, Virginia", dated Dl~cember 3,2007, and prepared by Lyall Design Architects. Said plan has been exhibited to the City of Virginia Beach City Council and IS on file In the Planning Department. 3. The applicant shall prOVide to the Planning Department / Current Planning a Ilist of proposed building materials and colors before any building permits ar,e Issued for the additions and alterations. Suggested materials Include architectural grade roofing materials, hard i-plank siding, Vinyl wrapped Windows, trim, and deck railings. Proposed colors should be In keeping with surrounding structures. . Attachments: Staff Review Disclosure Statement Location Map Resolution Recommended Action: Approval. Submitting De~rtment1AgenCY: PISn~'ng oepsrtment'- City Manager: ,2.~. U\.- 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 108-AAND 108-B 56TH STREET, LYNNHAVEN DISTRICT 4 WHEREAS, Alan Wand Elizabeth Mahanes (hereinafter the "Applicants"), have 5 made application to the City Council for authonzation to enlarge a nonconforming use 6 with additions and alterations to the single-family dwelling and garage apartment on a 7 certain lot or parcel of land having the address of 108-A and 108-B 56th Street, In the R- 8 5R ZOning Distnct; 9 10 WHEREAS, the said use IS nonconforming, as the parcel contains a garage 11 apartment, which IS not presently allowed In the R-5R ZOning Distnct but was 12 constructed when such use was allowed; and 13 14 WHEREAS, pursuant to Section 105 of the City ZOning Ordinance, the 15 enlargement of a nonconforming use IS unlawful In the absence of a resolution of the 16 City Council authonzlng such action upon a finding that the proposed use, as enlarged, 17 will be equally appropnate or more appropnate to the zOning distnct than IS the eXisting 18 use; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA. 22 23 That the City Council hereby finds that the proposed use, as enlarged, will be 24 equally appropnate to the distnct as IS the eXisting use. 25 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 27 BEACH, VIRGINIA. 28 29 That the enlargement of the single-family dwelling and garage apartment, by 30 additions and alterations IS hereby authonzed, upon the following conditions: 31 32 1 The additions to the single-family dwelling and garage apartment shall 33 substantially adhere to the submitted site plan entitled "Proposed 34 Modifications to the ALAN AND ELIZABETH MAHANES RESIDENCE 35 Virginia Beach, Virginia", dated December 3, 2007, and prepared by Lyall 36 Design Architects. Said plan has been exhibited to the City of Virginia Beach 37 City Council and IS on file In the Planning Department. 38 39 2. The additions to the Single-family dwelling and garage apartment shall 40 substantially adhere to the submitted elevation plans (main house and guest 41 house) entitled "Proposed Modifications to the ALAN AND ELIZABETH 42 MAHANES RESIDENCE Virginia Beach, Virginia", dated December 3,2007, 43 and prepared by Lyall Design Architects. Said plan has been exhibited to the 44 City of Virginia Beach City Council and IS on file In the Planning Department. 45 46 3. The applicant shall provide to the Planning Department I Current Planning a 47 list of proposed building matenals and colors before any building permits are 48 49 50 51 52 53 54 Issued for the additions and alterations. Suggested matenals Include architectural grade roofing matenals, hardi-plank siding, vinyl wrapped windows, tnm, and deck railings. Proposed colors should be In keeping with surrounding structures. Adoptedl by the Council of the City of Virginia Beach, Virginia, on the October, 2008. day of APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~(~ City Attorney's Office CA10896/R-1/0ctober 15,2008 DR. ALAN W. AND MRS. ELIZABETH MAHANES October 28, 2008 City Council Meeting Staff Planner Faith Christie REQUEST: Enlaraement of a Nonconformlna use: Alterations and additions to eXisting single-family dwelling and a garage apartment. ADDRESS I DESCRIPTION: 108 A & B 55th Street GPIN: 24198042960000 COUNCIL ELECTION DISTRICT: L YNNHAVEN SITE SIZE: 6,625 square feet SUMMARY OF REQUEST The applicant requests approval to make alterations and additions to an eXisting Single-family dwelling and a garage apartment. The buildings were constructed In 1945 and are tYPical of the "Beach Cottage" style that was popular at that time. Garage apartments were allowed by right In thiS area until August 1985, when the use was removed from the Comprehensive Zoning Ordinance, The site IS nonconforming because garage apartments are no longer allowed as a permitted or conditional use In the City As the structures were constructed In 1945, they do not conform to the R-5R Residential Resort District regulations currently In effect. The structures exceed the permitted lot coverage by 289 square feet and the permitted ImperviOUS coverage by 68 square feet. The Single-family dwelling encroaches Into the eastern Side setback, and the garage apartment encroaches mto the western Side setback and the rear setback, Currently no on-site parking eXists. The applicant proposes second floor additions over the areas of the Single-family dwelling that are currently one-story A third floor addition IS proposed for the eXisting two-story garage apartment. The footprints of the structures will not Increase. The applicant proposes the addition of four parking spaces paved with pervious concrete. Two spaces will be located In the front for the Single-family dwelling and two spaces will be located on the western Side of the site for the garage apartment. Additionally, the garage under the garage apartment will remain as a garage. DR. ALAN W AND MRS. ELIZABETH MAHANES October 28, 2008 City Council Meeting Page 1 The proposed alterations and additions to the structures are reminiscent of old beach cottage designs. The applicant IS uSing gables and shed-style dormers, porches and decks to provide visual mterest to both homes, The applicant submitted 21 letters of support from surrounding properties, and the North Virginia Beach CivIc League takes no exception to the request, finding it reasonable and In keeping with surrounding properties. Caples of the letters of support are on file m the City of Virginia Beach Planning Department. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A single-family dwelling and garage apartment currently eXist on the site. The structures were constructed In 1945, SURROUNDING LAND USE AND ZONING: North: . 55th Street; Across 55th Street are single-family, duplex, and garage apartment dwellings I R-5R ReSidential Resort . An Alley; Across the Alley are smgle-family, duplex, and garage apartment dwellings I R-5R ReSidential Resort . Single-family dwellings I R-5R ReSidential Resort . Single-family and garage apartment dwellings I R-5R ReSidential Resort South: East: West: NATURAL RE.SOURCE AND CULTURAL FEATURES: The site IS developed with a single-family dwelling, a garage apartment, and landscaping. The dwelling and garage apartment were built In 1945, and are tYPical of the "Beach Cottage" style popular at that time. Garage apartments were allowed by right In thiS area until August 1985, when the use was removed from the ComprehenSive ZOning Ordinance. There are no natural resources or cultural features associated with the site. AICUZ: The site IS In an AICUZ of 65-70 dB Ldn Sub-Area 1 surrounding NAS Oceana, There IS no Increase In density associated with the request. The provISions of the City Zoning Ordinance, Article 18 SpeCial Regulations In Air Installations Compatible Use Zones (AICUZ), Section 1804 (d) shall not apply to discretionary development applications for the redevelopment of property where the proposed dwelling unit density IS the same as or lower than the actual dwelling unit density eXisting at the time the application IS submitted, IMPACT ON CITY SERVICES There IS no Impact to City Services, DR. ALAN W AND MRS. ELIZABETH MAHANES October 28, 2008 City Council Meeting Page 2 EVALUATION AND RECOMMENDATION Staff recommends approval of this request. Section 1 05( d) of the City Zoning Ordinance states that no nonconforming use or structure shall be enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally appropnate or more appropnate to the distnct than IS the eXisting nonconformity" The proposed enlargements are reasonable, will have a minimal Impact, and should be as appropnate to the distnct as the eXisting non-conforming use, The City Zoning Ordinance defines 'garage apartment' as "a structure above a pnvate garage In which provIsion IS made for one (1) dwelling unit, reqUlnng an Intenor stairway to the second floor, provided that the living area does not exceed eight hundred (800) square feet of floor area and the height does not exceed twenty-elght (28) feet." The eXisting structure meets the definition, and IS nonconforming because garage apartments are no longer allowed In the city With the third floor addition to the garage apartment, it will no longer be considered a garage apartment and will be considered a second dwelling on the site, While two single-family dwellings are not permitted on one lot In thiS area, In thiS case the density IS not increasing, as two dwellings (the main house and the garage apartment) currently eXist on site and the applicant IS requesting permission to make additions and alterations to the eXisting buildings, The request IS also In keeping with the goals of the North Virginia Beach CiVIC League which IS to encourage beach- style cottages versus large boxy duplexes. In the Old Beach neighborhood, south of 31st Street, an overlay distnct has already been adopted to allow thiS type of use on a site provided certain design critena IS met. Staff finds thiS request to be acceptable and In keeping with surrounding properties, and therefore recommends approval subject to the conditions listed below. CONDITIONS 1 The additions to the single-family dwelling and garage apartment shall substantially adhere to the submitted site plan entitled "Proposed Modifications to the ALAN AND ELIZABETH MAHANES RESIDENCE Virginia Beach, Virginia", dated December 3, 2007, and prepared by Lyall Design Architects, Said plan has been exhibited to the City of Virginia Beach City Council and IS on file In the Planning Department. 2. The additions to the single-family dwelling and garage apartment shall substantially adhere to the submitted elevation plans (main house and guest house) entitled "Proposed Modifications to the ALAN AND ELIZABETH MAHANES RESIDENCE Virginia Beach, Virginia", dated December 3,2007, and prepared by Lyall Design Architects. Said plan has been exhibited to the City of Virginia Beach City Council and IS on file In the Planning Department. 3. The applicant shall provide to the Planning Department / Current Planning a list of proposed building matenals and colors before any building permits are Issued for the additions and alterations. Suggested matenals Include architectural grade roofing matenals, hard i-plank siding, vinyl wrapped windows, tnm, and deck railings, Proposed colors should be In keeping with surrounding structures. DR. ALAN W AND MRS. ELIZABETH MAHANES October 28, 2008 City Council Meeting Page 3 NOTE: Furthl9r 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. - DR. ALAN W AND MRS. ELIZABETH MAHANES October 28, 2008 City Council Meeting Page 4 ~ .~4 '\i,<$ , , ~,'-- ",,-;'- , ~~' :. ~ \ 1 ~ t1'" r;,/' ,: \ ',};'" 'r') · .; "\"'~' . 'iff: . ., \ ~;. .'( ., " ,>; .. . '~~~fr. ~,*;j'~'ff-~ .,..?: . .:,...~ ,l!~:~ .,-k: ,/ .. , :;. t .,J' 'j~ .~ ,< . . .<'\. .. . . . ...-# ""'Y . ..,,; . ,~' &'" ~ ..,' ~ A. . .... " . . ' .' .-cf'6 Q. , . ,,~i".( - ~ ,. \ . '~~ .'. ~~' <<..gr' " --i~ ~ 4 \:, , (.. "~~ " ' ~. ' .,,' ...,..... (SS - .~ :. " . ',' ' "."" 1l>, ~ -- . , . '" _.' -"!t '.' . · ..:.L'L.~":",fI;,, ~ ~~. ,'~ ,~F~..I. ~ " <w.r;;.. "~- ,-- ,,; ." . p: '" . ~" . . .. ._ '.<" r' -, · '. ~.'~ ..' .:~ '.;1'.< -. AERIAL OF SllE LOCA lION OR p..LAN IN. p..NO MRS. EUZJ'.BEiH Mp..Hp..NES october 2B, 200B CitY COllneil Meeting page ~ N LBOO[g110[MJO [m&OOW OS/23/2008 PART OF' 7 ZQ,bilNG & SETBACKS PROPERTY ZONED R5R FRONT SETBACK '" 20' SIDE SETBACK '" 8' REAR SETBACK '" 20' SOl,RCE: CITY OF VIRGINIA BEACH ZONING FROM " SURVEY PREPARED BY ROOD 4< $MITH, P.C" lAND SURVEYORS OF PART OF.OTS - 7 .I< 8, BLOCK 4. 1,;,g.7, PG. 150 UllERMEER, V1R(;JNIA BEACH. VA FOR ALAN IV MAHANES & EUZABE>H $, MAHANES CATW 5/23/06, S 81 '04'00' IV ; ~5~~~_TI+ J:;j S'2~d'STO~Y,: j II .1 CONC. 1..-, 0 WOOD Di::CK . -:1 ! l~ ( ~,' .f '1 ' i:EtEtt~~ :;:t:..t::t i .'BLKJ ~ I :~~~W -17 y I 11 / DART n' .8,Ot: /" 7 v, I /I~i I' I! '~ I i il! . k'! .~ '~i ., 1;85~ 1 r-::<,. I ."', I 6.1' I /, I '\)::;1 >)\ I \ \ \t,~'~ L-----l-: \<,~\ i \'-')' I ~ c . 0 N I L II N 61 '04'00. E T DR. 15' INAY )j; N ~ PART OF 8 I I 8.0' I- l----l---sETBACK I TVP, I I I I I I 1 I I I I I I # iq8 1-STY'1 FR, I I PART OF 8 / /1 >/1 I olv{ 001 ,~p; ! I i Y? I. 11 II 1 \ I ;: -0 p l' '" o z i W 50,00' .. 225,00' TO D.1. g ATLANTIC AVENUE 5 -r-H STR (40' RjVv') T , eXIsTI~Q StTR tLAN lIt8' - 1100" VI_alMl' BBACH. vrkGINIA QS-~.3XI lIX,XlO( SQ. l'T. ~ ifl !-t11i./;l~ MAHANES RESIDENCE ~~~W:foIJU~l'fU'L'l',l;UC!:S6I;.Mtri~~j,..~"""~flrQIll.~~~l!CU<<'f,u~~"~:li~ ~it<f'NI:1""_~'!~l'r..:t.I'i"CFliI>>_~oi~~,~~ EXISTING SITE PLAN DR. ALAN W. AND MRS. ELIZABETH MAHANES October 28, 2008 City Council Meeting Page 6 % ~ '" ... o e '" o .... o "" .... ... o ;:;. '" g '" ;:: 4( t;; I'" v> WUJ uu <<{ ~!l.. '" " IT" I f i o ~ <( '" e: 6 c ~I~ ~;~ '" It'o. ~,,",:!l.l.;. V) Vli.on "I;'"~i\1.) ~~;~ - +it;';.: '" I.:J < '" ill > o u 9 9 ~ q < ~ II :5 ~ ~~ < < co", ..., 0 <.- $ ~ 3: _'" < v 0:>; ~ ;;, :do 9 ~ <(~ < 0 VI '" U' <(i ~1'QQ z"'~ -c: ~8o ~!!;!g: I.U I.:J ~ <(" ~ fri ~ ~ > - ,., on ~~~ 9~~ ;5i~~ O!.o[ ::d=: <{=<C/:=: ":":I~ "'';'''-';;'.'. ~ ~ (~ ~~!~ I~~~I~ - ~'" ~u.J... V:w,,,, ~"".C ~~(~ I~. 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'~''l~. ~~ ; ~~j_ :i. ; II :(v . ~'- --'< ::;j- ~j ..' g '" :;; ~ ~ C,,) ffi 8 "'-l ~ ::: ... ~ 0 <( " 0 ... z ..; '" '" d '" Z IX " "' C :> . z " <: t- ... <: a.. ::t w (,J t- ;,,) ~ 0 .. ~ <( '"-' V> i,l;.) 0 a.. 0 It; 2 0 Q,. ~ <: ::;: z 10 w d '" iX ~ ~ .. ;" '" ;> I~ ~ ~ "" iX =- ,r.;. 8 ~ Z :5 a. ~ '" " e !J V':l ~ " ~.~ ~ > ~ --"'---, ~ ~ PROPOSED SITE PLAN DR. ALAN WAND MRS, ELIZABETH MAHANES October 28, 2008 City Council Meeting Page 7 ~ ~ e ..... ~ :::: ..... 0 <: 0 I - f- Z - - "" "" 0 - .. :z. ..: '" Q 0 , v - '" f- a <: ::::: u - U t.l.. i5 <: - "" 0 <= 0 ~ ::'€ ~. < :z. ~ 0 - IJJ r.;; -, "" ~ "" 0 - "" > :.. 0 ~ :: 0:: c.. ~ !!:l 0 :r z ~ z :;: .;., ::;: Z V) 0 ~ Z 0 ;> ~ '" Lti > u.t @ Lti Ob ~ " 51:- ~ ~ ~ ~r 55 }; c.. S ~ 0:: \- 0.:: 0::: - ~: ~r;;\r"""" 6~ Ij,. ~;. I <<" ..:J~ PROPOSED BUILDING ELEVATION (FRONT UNIT) DR. ALAN W AND MRS. ELIZABETH MAHANES October 28, 2008 City Council Meeting Page 8 . - ~ ~ ~ i ill '" => o :r:: "" w :;). () '.;! o ~ ::: ill c w 2? 0- it:1\i , V' / : I ; 'ii" , I ',',,'--', 'I ' ,~t '~. '; . "'!' ",1 '1.,'10 \6, \, !, '~ \'1 \. // n ( z.. rlrft...,... j~: : i_4- ~; · >:-: ,....], ~ u ~ 8 D:.\ ~ ::c <- c -< ;': 0 U'.) - <- I z - - '" 0 '" '" ~ Z e.: '" ~ 0 ;> u - "' " <- -< ;:: v ;." - IJ;. ~ -< D:.\ 0 ;:0 0 ::it ~ -< z 0 c "" '" - '" ~ "'" 0 "'" :> - , 0 ~ - l><: 0.. u..'" ! ~ V); ;;;;>, 0' :r ~ ~! :=>', c;!, " ~r ZI 01 ~ > ~ w 0 i ~!!~ ~ L PROPOSED BUILDING ELEVATION (REAR UNIT) DR. ALAN W. AND MRS. ELIZABETH MAHANES October 28, 2008 City Council Meeting Page 9 , .1 . EXISTING FRONT AND REAR UNITS DR. ALAN W. AND MRS, ELIZABETH MAHANES October 28, 2008 City Council Meeting Page 10 M"Ml!ftoLs;!]e Dr. Alan W. & Mrs. Elizabeth Mahanes .... ~..r"- ~~ ,'\ \ ~~:... ' L....~ , i~ f\U~?~~\J ~l~~~ ~lolI'~~~)-)re~ j ~~~n1 '~"~ ~ r'>\\\eJ.j;- !1: \ ~ ~ . ~ ~ ~~ ~~~J 1 1~ ) J ~ 0 ~~ ~ ~~ ~ ~ ~ ~ ~'" o!~~ ~ ~ '" " ',- ~ ~~ 'i' ... "-R1 ~~ \i if'~;"\ (':A;'. ~ ~ ~ \ :;~~[ ~~:;; (~ ~ ~\ ~{'~~~~ r ~ l~ 0..-1 \ - , )\1\1' ~ I ~ \. =- \ ~ ~ '- \ ~ \ ~ ~ '"::~ , '; l" "'1'& ..1 ~oii ,( \; ~ ::- ,~ ~ ~ f- ~\ \\!1J ~.~~ ~,\ R- ~ f\. ~ li~ ~ ~ ~ 0 ~~~ s ~ ~~~~~~~~~(\ ~~-.~~~ r~~~ ~~~~~ DI~~\ \ .\ k"" ~ ~ ~ 0 ~~~~ \ ~~~~( JVc-. ~\ ~ Non-Conforming Use 1 2. 3. 4 5. 6. 7/18/08 2/12/02 8/14/01 4/23/02 8/12/08 10/11/05 8/14/01 Street Closure Alterations to a Nonconformln Use Alterations to a Nonconformln Use Alterations to a Nonconformln Use Alterations to a Nonconformln Use Alterations to a Nonconforming Use Alterations to a Nonconformln Use A roved A proved A roved A roved A roved Approved A roved The site was zoned R-D 2 Residence Duplex District from 1954 to 1973, From 1973 to 1988, the site was zoned R~8 Residential DistriCt. The site has been zoned R5-R Resort Residential since 1988. ZONING HISTORY DR. ALAN W AND MRS. ELIZABETH MAHANES October 28, 2008 City Council Meeting Page 11 z o I I ~ U I I t-.:t ~ ~ ~ cr:J ~ C-:) z ~ o ~ Z o u . Z o Z II DISCLOSURE STATEMENT 1\ 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, ))artners, etc. below: (Attach list if necessary) /~r ,A,lan W & Mrs. Elizabeth Mahanes 2. l.ISt all bUSinesses that have a parent-subsldiary1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) X Check here if the applicant IS NOT a corporation, partnership, firm, business. or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete thIs section only if property owner IS different from applicant. If thE~ property owner IS a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 LIst the property owner name followed by the names of all officers. members. trustees, partners, etc, below: (Attach list if necessary) 2. list all businesses that have a parent~subsldiary1 or affiliated business entitl n~lationshlp 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. ? See next page for footnotes Non-Conforming Use Application Page 8 of 9 Revised 9/1/2004 DR. ALAN W AND MRS. ELIZABETH MAHANES October 28, 2008 City Council Meeting Page 12 ~ 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) Sykes, Bourdon, Ahern & Levy, pc, Lyall Design Architects 1 "Parent-subsidiary relationship" means "a relationship that eXists when one corporation directly or mdirectly owns shares possessing more than 50 percent of the voting power of another corporation," See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101 2 "Affiliated bUSiness entity relationship. means "a relationship, other than parent-subsidiary relationship, that eXists when (i) one business entity has a controlling ownership Interest In the other business entity, (ii) a controlling owner In one entity IS also a controlling owner In the other entity, or (iii) there IS shared management or control between the business entities, Factors that should be considered In determining the eXistence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basIs; or there IS othelWlse 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 SChedu~for PUbli.C heanng, I am responsible for obtaining and posting the required sign on SUbJect~operty at least 30 days prior to the scheduled public heanng accordi ~ '0 the In,: cti~ns In thiS package, II ), ! X l../) U~" Alan W. Mahanes ApplicanUProperty Owner Signature Print Name C':~ \/' .~ W' ' ~. (\ Elizabeth Mahanes Applic Print Name Non-Conforming Use Application Page 9 of 9 Revised 9/112004 z o I I ~ U I I ~ ~ ea ~ ~ p ~ Z ~ o ~ Z o u . Z o Z DR. ALAN W AND MRS. ELIZABETH MAHANES October 28, 2008 City Council Meeting Page 13 ~~";'I J)k"""" ..:s::~ r( .1"~:~~ \:. ...,- liJ ~","'~f"" oIto...... .,."~ 4~~~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use Located at 211 70th Street, Lynnhaven District. MEETING DATE: October 28, 2008 . Background: There are two single-family dwellings currently located on the site. The structures were constructed In 1936 when there was no zOning In the city, or as the area was known at that time, Pnncess Anne County Both dwellings are one-story In height. The applicant desires to make additions and alterations to the eXisting single-family dwelling on the front of lot and to remove and replace the eXisting single-family dwelling on the rear of the lot. The applicant Intends to convey each unit as a condominium. The proposed alterations are considered changes to eXisting nonconforming uses because there are currently two separate slngle- family dwellings on the parcel and the City Zoning Ordinance does not permit two single-family dwellings on one lot In R-5R Resort Residential Distnct. . Considerations: The applicant IS proposing a second floor addition, which will meet current setbacks, to the front dwelling. A new gabled roof will add architectural Interest to the front dwelling. The rear dwelling will be demolished and replaced with a two- story cottage-style dwelling. Additionally, four (4) parking spaces will be added to the site. The proposed alterations, additions, and reconstruction of the structures are reminiscent of old beach cottage deSigns. The applicant has taken care to deSign the additions and reconstruction so as not to Interrupt the eXisting open space between the dwellings and to protect the eXisting mature vegetation. . Recommendations: Pursuant to Section 1 05( e) of the City ZOning Ordinance, a nonconforming use may be modified only if the City Council finds that the proposed use, as modified, will be "equally appropnate or more appropnate to the distnct than IS the eXisting nonconformity " In this case, the proposed alterations and additions to the front structure and the proposed replacement of the rear structure are reasonable, will have a minimal Impact, and should be as appropnate to the distnct as the eXisting non- conformity While two single-family dwellings are not permitted on one lot, In this case the density IS not increasing, as two beach cottages currently eXist on site. The request IS also In keeping with the goals of the North Virginia Beach CivIc League E. Martin Schara Page 2 of 2 which IS to encourage beach-style cottages versus large boxy duplexes. This situation IS similar to that found In the Old Beach neighborhood, south of 31st Street, where an overlay distnct has already been adopted to allow this type of development on a site provided certain deSign critena are met. The following conditions are recommended: 1 The additions and alterations to the front single-family dwelling and n3construction of the rear single-family dwelling shall substantially adhere to the submitted site plan entitled ""Site Plan Lot 12 Block 8 Section E Cape Henry Syndicate", dated 18 August 2008, and prepared by Bonifant Land Surveys. Said plan has been exhibited to the City of Virginia Beach City Council and IS on file In the Planning Department. 2. The additions and alterations to the single-family dwelling and rE~construction of the rear single-family dwelling shall substantially adhere to the submitted elevations entitled "New Residence on 70th Street (Front Unit) for Marty Schara and New Residence on 70th Street (Rear Unit) for Nlarty Schara", dated 8/4/08, and prepared by D W Chase Architect. Said pl.an has been exhibited to the City of Virginia Beach City Council and IS on file In the Planning Department. 3. Tlhe applicant shall prOVide to the Planning Department / Current Planning a list of proposed building matenals and colors before any building permits are Issued for the additions and alterations. Suggested matenals Include architectural grade roofing matenals, hardi-plank Siding, vinyl wrapped wllndows, tnm, and deck railings. Proposed colors should be In keeping wiith surrounding structures. 4 The applicant shall prOVide a tree protection plan for review and approval by the Planning Department / Current Planning before any land disturbance occurs on the site. . Attachments: Staff ReView Disclosure Statement Location Map Resolution Recommended J"ction: Approval. Submitting Dep.iIrtmentJAgency: Plannrng Departmen City Manager: ~~~. \l~ 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 211 70TH STREET, L YNNHAVEN DISTRICT 4 WHEREAS, E. Martin Schara (hereinafter the "Applicant"), has made application 5 to the City Council for authonzation to enlarge a nonconforming use with additions and 6 renovations to one single-family dwelling and to demolish and replace with a larger 7 single-family dwelling the second single-family dwelling on a certain lot or parcel of land 8 haVing the address of 211 70th Street, In the R-5R ZOning Distnct; 9 10 WHEREAS, the said use IS nonconforming, as the parcel contains two slngle- 11 family dwelling units, which IS not presently allowed In the R-5R ZOning Distnct but were 12 constructed pnor to the adoption of the zOning ordinance; and 13 14 WHEREAS, pursuant to Section 105 of the City ZOning Ordinance, the 15 enlargement of a nonconforming use IS unlawful In the absence of a resolution of the 16 City Council authonzlng such action upon a finding that the proposed use, as enlarged, 17 will be equally appropnate or more appropnate to the zOning distnct than IS the eXisting 18 use; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA. 22 23 That the City Council hereby finds that the proposed use, as enlarged, will be 24 equally appropnate to the distnct as IS the eXisting use. 25 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 27 BEACH, VIRGINIA. 28 29 That the enlargement of the Single-family dwellings, one by additions and 30 renovations and the other by demolition and replacement with a larger dwelling IS 31 hereby authonzed, upon the follOWing conditions: 32 33 1 The additions and alterations to the front Single-family dwelling and 34 reconstruction of the rear Single-family dwelling shall substantially adhere to the 35 submitted site plan entitled ""Site Plan Lot 12 Block 8 Section E Cape Henry 36 Syndicate", dated 18 August 2008, and prepared by Bonifant Land Surveys. Said 37 plan has been exhibited to the City of Virginia Beach City Council and IS on file In 38 the Planning Department. 39 40 2. The additions and alterations to the Single-family dwelling and reconstruction of 41 the rear Single-family dwelling shall substantially adhere to the submitted 42 elevations entitled "New Residence on 70th Street (Front Unit) for Marty Schara 43 and New Residence on 70th Street (Rear Unit) for Marty Schara", dated 8/4/08, 44 and prepared by D W Chase Architect. Said plan has been exhibited to the City 45 of Virginia Beach City Council and IS on file In the Planning Department. 46 47 48 49 50 51 52 53 54 55 56 57 58 3. The applicant shall provide to the Planntng Department / Current Planntng a list of proposed building matenals and colors before any building permits are Issued for the cldditions and alterations. Suggested matenals Include architectural grade roofing matenals, hardi-plank siding, Vinyl wrapped Windows, tnm, and deck railings. Proposed colors should be In keeping with surrounding structures. 4 The applicant shall provide a tree protection plan for review and approval by the Planntn~J Department / Current Planntng before any land disturbance occurs on the site. Adopted by the Council of the City of Virginia Beach, Virginia, on the October, 2008. day of APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY -PAZ 01~ City Attorney's Office CA 1 0894/R-2/0ctober 16, 2008 E. MARTIN SCHARA October 28, 2008 City Council Meeting Staff Planner Faith Chnstie REQUEST: Enlaraement of a Nonconformlna Use- Additions and alterations to a Single-family dwelling and replacement of a nonconforming use (a second single-family dwelling) ADDRESS I DESCRIPTION: 211 70th Street GPIN: 24196543820000 COUNCIL ELECTION DISTRICT: 6-LYNNHAVEN SITE SIZE: 7,500 square feet SUMMARY OF REQUEST There are two single-family dwellings currently located on the site. The structures were constructed In 1936 when there was no zOning In the city, or as the area was known at that time, Pnncess Anne County. Both dwellings are one-story In height. The applicant desires to make additions and alterations to the eXisting Single-family dwelling on the front of lot and to remove and replace the eXisting Single-family dwelling on the rear of the lot. The applicant Intends to convey each unit as a condominium. The proposed alterations are conSidered changes to eXisting nonconforming uses because there are currently two separate Single-family dwellings on the parcel and the City Zoning Ordinance does not permit two Single-family dwellings on one lot In R-5R Resort ReSidential Distnct. The front dwelling, facing 70th Street, IS 1,151 square feet with a 212 square foot ~orch, It IS situated 11 7-feet from the front property line, 45.7 -feet from the edge of pavement along 70 h Street, 12.3-feet from the eastern property line, and 4.1-feet from the western property line. The rear dwelling IS 698 square feet with a 25 square foot porch. It IS situated 7.6-feet from the rear property line, 7.9-feet from the eastern property line, and 8.3-feet from the western property line, The two dwellings are separated by an area of yard that IS 45-feet by 50-feet. A mature 12-lnch water oak tree graces the middle of the backyard area. Other mature trees and shrubs prOVide shade and pnvacy for the site. A gravel dnveway eXists along the eastern Side of the property, but there IS no dedicated parking for the occupants. E. MARTIN SCHARA October 28, 2008 City Council Meeting Page 1 The applicant IS proposing a second floor addition, which will meet current setbacks, to the front dwelling, A new gabled roof will add architectural Interest to the front dwelling. The rear dwelling will be demolished and replaced with a two-story cottage-style dwelling. Additionally, four (4) parking spaces will be added to the site. The proposed alterations, additions, and reconstruction of the structures are reminiscent of old beach cottage, designs. The applicant has taken care to design the additions and reconstruction so as not to Interrupt thE~ eXisting open space between the dwellings and to protect the eXisting mature vegetation. The applicant submitted 21 letters of support from surrounding properties, and the North Virginia Beach CivIc League takes no exception to the request, finding it reasonable and In keepmg with surrounding properties. Copies of the letters of support are on file In the City of Virginia Beach Planning Department. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Two single-family dwellings eXist on the site, The buildings were built In 1936, SURROUNDn~G LAND USE AND ZONING: North: South: . Single-family dwelling I R-5R Residential Resort . 70th Street; Across 70th Street are single-family and duplex dwellings I R-5R Residential Resort . Single-family dwelling I R-5R Residential Resort . Duplex dwelling I R-5R Residential Resort East: West: NATURAL RESOURCE AND CUL lURAL FlEA lURES: The site IS developed with two single-family dwellings and landscaping. The beach cottages were built In 1936, There are several mature trees on the site and the applicant IS stnvlng to retam a 12-Inch water oak In the middle of the back yard. AICUZ: The site IS m an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES There IS no Impact to City services, EVALUATION AND RECOMMENDATION Staff recommends approval of this request. Section 1 05(d) of the City Zonmg Ordinance states that no nonconformIng use or structure shall be enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally appropnate or more appropnate to the distnct E. MARTIN SCHARA October 28,2008 City Council Meeting Page 2 than IS the eXisting nonconformity" The proposed enlargements are reasonable, will have a minimal Impact, and should be as appropriate to the district as the eXisting non-conforming use. While two Single-family dwellings are not permitted on one lot, In this case the density IS not increasing, as two beach cottages currently eXist on site. The request IS also In keeping with the goals of the North Virginia Beach CivIc League which IS to encourage beach-style cottages versus large boxy duplexes, This situation IS Similar to that found In the Old Beach neighborhood, south of 31st Street, where an overlay district has already been adopted to allow this type of development on a site prOVided certain deSign criteria are met. Staff finds this request to be acceptable and In keeping with surrounding properties, and therefore recommends approval subject to the conditions listed below. CONDITIONS 1 The additions and alterations to the front Single-family dwelling and reconstruction of the rear slngle- family dwelling shall substantially adhere to the submitted site plan entitled ....Site Plan Lot 12 Block 8 Section E Cape Henry Syndicate", dated 18 August 2008, and prepared by Bonifant Land Surveys. Said plan has been exhibited to the City of Virginia Beach City Council and IS on file In the Planning Department. 2, The additions and alterations to the Single-family dwelling and reconstruction of the rear Single-family dwelling shall substantially adhere to the submitted elevations entitled "New ReSidence on 70th Street (Front Unit) for Marty Schara and New ReSidence on 70th Street (Rear Unit) for Marty Schara", dated 8/4/08, and prepared by D. W. Chase Architect. Said plan has been exhibited to the City of Virginia Beach City Council and IS on file In the Planning Department. 3. The applicant shall prOVide to the Planning Department / Current Planning a list of proposed building materials and colors before any building permits are Issued for the additions and alterations. Suggested matenals Include architectural grade roofing matenals, hardi-plank Siding, Vinyl wrapped Windows, tnm, and deck railings. Proposed colors should be In keeping with surrounding structures. 4 The applicant shall prOVide a tree protection plan for review and approval by the Planning Department / Current Planning before any land disturbance occurs on the site. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. E. MARTIN SCHARA October 28, 2008 City Council Meeting Page 3 """:"~ . ' ',' , ~"i '.... ~<.,. ~ 'i" ,,,l- ~. -\. ~~\ \ 'l>. <) -~ ~~,.,~ ~ 'j. ~ -:; i;t > 'I 'f ~ - .~~'r , ,;,~"S;~,t~.~'~' ",;,~ ij$\' wi"r '''1; "-- :..:>~: .~~, ':\ , !~~ :-~ ~'f:' '~ ".. ...., ,..,IF >' ,>' . ' ,~t. ~ ' ~ " , AERIAL OF SITE LOCATION E. MARTH'-1 SCHARA october 28, 2008 City Counci\ Meeting Page 4 ~:i""ty ~~: "scale" 2.000 ~Mary Belie nealh A.idridgf:l Ri.. T /' ~~~fl:~~;:~;~;:)lq'}lX~?,'';:.~(I Front I~le"ation Hear Cuttage IN,t.'.li' lIOO;!fol"t<.:-W,:>n :'tP typl('~i "14 " IllgeUo~g h. Pnce RT 171)1 fnmt f:h.~\-,l,uiou J.ront ('otta~e 70 th STREET (8Q' RfW) r",,~ '" ,."""""",,, Non-Conforming Use Exhibit Prop()~ecl Site PllIn 211 A & B 70th St. Virginia Beach~ VA 23451 o PROPOSED SITE PLAN & BUILDING ELEVATION E. MARTIN SCHARA October 28, 2008 City Council Meeting Page 5 Vicinity Map Scale 1.:: 2.000' IJ 13" Palnc.k g, Duntilorn 2419.6~34OC, Insl. 1# 2002W300.l)o\07t.7 t' ' If 11 It Watter L, Jono~, Jr, 241 ~.55 4368 DB. 991 P. 55 " N OZ" 45' E 50.O<l' . I "9" " Mary Balla Heath Aldridge RLT " 7419654491 Ins\. # 2007o-',ll.t,:X>D468:m l?,~ptw.11f"'I _ ('.l'3b41 '#lfw....."id) Pin4F} ~ HVAC lil2L I l i Install' SIUre"",,@ ./ VE<<...<;CH I~ate :Hl"i<<e ~ ./ Undb. 0\ CcntU\\.t.b,':l(\. '; / tOll.1tY4 Sr.dWdt: Ires l:ii~~4"Fflf')'J lllsWI: TIM pro1eCtloo @ ffplC3l ',,- "14" ,.j It 10 II Ingebof9 H, Price Rl 2419.654253 DB, 373" p, 1701 lJJ ~ 'f; '\ William Almood t4", 'b ;141!'.~5524B ()f),,~94 P. 1(\49 fe~~ .........a_w.1ll Y..-do..rJ41') ---... Alm"I.?.~1 ,'.I~"I"""U.J5 ~-!!}; ..~ >""."" INIt"!; kUlPM1K1~ 4..11', ..\. ~,. ,,-' PIIIIS) I. _."_ '-AI V' ..t~.i.J._,__.____'j,jt,. h~ ~sj? ~~~ ;. i !~ ~ l:"'!l ~J g PROPOSED SITE PLAN E. MARTIN SCHARA October 28, 2008 City Council Meeting Page 6 .. r~ ~ l~ .. ., 1 h; :,.., ? ~s -' ,.~ ~ l\ $'. . " ';.. ~~ ~-p--=--'~-=-- G)~ h~ '--n\t1):~-. -,:---;\t:- . ,~~ \ ': \ ~ ~ \ "\' ~ '; .,"~ ...... \~ ' 1.; " \ ~ ~ \ t P - . \\ lll':.~~ '~Q' .....-..". ,~_._-------- . ~ ~ ~ .~ ; ~ . . ~ ;, .}~.~ " - , . \' .; ; i" ,.1 ~i \ \ \ \ \\ t d. ~ ~ 'Q \ ~ \'~~ , -;; 4; .\ ~~ t~ ' i, ~'l'~ t --I _:.,~ l-~.' r, 'e '" '$ ,. ~~tl, ~:;,~ , .~.,~\ ,~~~ ~ ~- $ \ ' "i i; ~ - i \ l~l . . \ ~~~ ~ \.l \,0 IS, \ \~~i iI"-\ ',f /(,.;"'<> ,;; H " \ (// ~~ ./~ , ' .' ;;;, ",,;,,\~, '\. r~ ~tll<< -:--- \ tJ }. '" Ul \ \ ,({ ;;4 >' ,Iii :::::;; t '"..l. \,s ~ *- t. f '1' \ 0 ___,.,,IIt> f' II l-- Ii ~i' : II 1 l. \! ~;<, t:IJ o Vi ~ en ~ ~'b -<:t c 1\ (C. 0-."- "" G) rJl- <P (C ~t) -rj) .....- . '" ~ \1 ~ ~ . -\ . ~.'~ \ H <;;<> ~'i ~ ~ '!,... ~ 'it t y,.<;;~.~QN";"--s \ e'~l 'i ~ \ i;, ,..t~ "$ ~f.-:' In \\~ E)(ISiING 8. p~OPOSEO SliE PLANS E. MAR1\N SC\-1ARA october 28, 2008 C1t~ Council l>J\eetiOl page 17 ~08'Zl>j:'LSL xel 17 t08'(l1>8'LSL .L03.LIH08\;1 3SilH~) 'M '0 ~H~HOS A.U:l~W HO:J (~Iun ~UO.l:J) 133H.LS 4101. NO 30N301S3H M3N , i~~: '; I~~I W I . . .__L____ z o ~o >;C. W ~u ...J~ WW ..1 I-(} Zw o a: u. PROPOSED FRONT BUILDING ELEVATION E. MARTIN SCHARA October 28, 2008 City Council Meeting Page 8 ~-- '11' os'zvt: ! Sf lffii\ \ .."OS'ZVZ'LSL 1'J:!.l.\H')tI'i 3S'<fI-l'J M 0 \ , \ , , ' . : , i \ , \ ' \ \ , ' , ' , \ I i I I / \ .. , / / ! / / _____-/-~E.O REII-R 6UILOING ~~II- lION E.. Mf>..R-nN SCHf>..RA october 28.2008 CiW Council \ll\eetinl pagel ., ,,,,",, " j. ': . '::-;., .,,~~' '". , - . _;, ,"* ~" , \<f'~' .. . "'~ '" ~"iiit' ',,'" ~ ..." . ,~:. EX\Sl\NG SlRUC1URES E.. MAR1\N SCr\ARA october 28. 2008 Cit; Council Meeting page ~ ( P-l First Landing State Park P-l Non-Conforming Use [ 1 I 6/23/98 I SubdivIsion Vanance I Approved The site was zoned R-D 2 Residence Duplex District from 1954 to 1973. From 1973 to 1988, the site was zoned R-8 Residential DistriCt. The site has been zoned R5-R Resort Residential since 1988. ZONING HISTORY E. MARTIN SCHARA October 28, 2008 City Council Meeting Page 11 z o I I !< u I I ~ ~ ~ ~ CI':J P t...:) Z ~' o ~ Z o u . Z o Z II DISCLOSURE STATEMENT II APPLICANT DISCLOSURE If the applicant IS a corporation, partnership, firm, business, or other unincorporated organization, complete the following 1 List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) ~. Martin Schara 2. List all businesses that have a parent-subsidiary 1 or affiliated business entity2 relationshIp with the applicant: (Attach list if necessary) X Check here if the applicant IS NOT a corporation, partnership, firm, business, or other unincorporated organrzation 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 unrnl:;orporated 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) Ellen L. Selover 2. L'st all businesses that have a parent-subsldiari or affiliated busmess entitl relationship with the applicant: (Attach list if necessary) X Check here if the property owner IS NOT a corporation, partnership, firm, busmess, or other unmcorporated organization. 7 See next page for footnotes Non-Conforming Use Application Page 8 of 9 ReVised 911/2004 DISCLOSURE STATEMENT E. MARTIN SCHARA October 28, 2008 City Council Meeting Page 12 lL!>ISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, Including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C~ D.W. Chase, ArchItect Bonlfant Land Surveys 1 "Parent-subsidiary relationship" means "a relationship that eXists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that eXists when (i) one business entity has a controlling ownership Interest In the other business entity, (ii) a controlling owner In one entity IS also a controlling owner In the other entity, or (iii) there IS shared management or control between the bUSiness entities. Factors that should be considered In determining the eXistence of an affiliated bUSiness entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets: the bUSiness entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular baSIS; or there IS otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101 CERTIFICATION: I certify that the Information contained herein IS true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the reqUired sign on the subject property at least 30 days prior to the scheduled public heanng according to ~,'1 InstructiOfS}n, thiS packa:,e. ,,-./ (_, I / I( ,-~_.\: ! ., l/I I,' ,",( v . _.~' \ ' J,.. ''<.''-'I.A._ __I fl. i" .hr. ,r .'...:r' (r'n. Applicant:s Signature Print Name I / . -- n': {{ 'L~":~--..:..'~~~.~~~-_..__._--------- - Property Owner s Signature (if different than applicant) L /(,,' J ...... /, .', Print Name Non-Conformlllg USP ApplIcation Page 9 01 (1 ReVised g, 1 iZU04 z o I I ~ U I I ~ ~I ~ ~ CI:} p t.::) Z I I ~ o ~ Z o u . Z o Z DISCLOSURE STATEMENT E. MARTIN SCHARA October 28,2008 City Council Meeting Page 13 GEORGE POWELL Geor e Powell MI 1-] Relevant Information: · Kempsville District · The applicant requests a Conditional Use Permit to allow development of the site for a contractor's storage yard for construction equipment. · The site is currently vacant. It's most recent use was for a single- family dwelling. · The applicant considers the proposed storage yard to be a temporary use until such time as the Newtown SGA begins to redevelop. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0). · Consent Agenda. · No opposition. .' 1~) ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GEORGE POWELL, Conditional Use Permit (bulk storage and building contractor's yard), 5512 Southern Boulevard (GPIN 1467248190). AICUZ is Less than 65. DISTRICT 2 - KEMPSVILLE MEETING DATE: October 28,2008 . . Background: The subject site IS 43,634 square feet In Size, IS zoned 1-1 Light Industnal, and currently consists of cleared land and a structure formerly used as a single-family dwelling. A Virginia Power substation IS located east of the site, an office building and associated parking IS north and west of the site, and a former railroad nght- of-way owned by Norfolk Southern IS located south of the site. The nght-of-way for Southern Boulevard terminates at the southwest corner of the site; however, the paved portion of Southern Boulevard ends approximately 240 feet to the west of the site. The access for the single-family house was a dnveway that ran from the southeast corner of the site and then across the Norfolk Southern nght-of- way, ending at South Lowther Dnve, a residential roadway that connects to Parliament Dnve. The applicant IS requesting a Conditional Use Permit to allow development of the site for a contractor's storage yard for construction equipment, Including a backhoe, a forklift, several trucks and other construction vehicles In association with the applicant's construction business. Storage of raw matenals such as mulch or stone IS' not requested. . Considerations: The ComprehenSive Plan recognizes thiS site to be within the Strategic Growth Area 3 (SGA) of the City of Virginia Beach. Strategic Growth Areas are designated to absorb most of the City's future growth, and, as such, are planned for more intensive uses than most other areas of the city As thiS site IS within the SGA 3, Staff views the applicant's proposed use as one that will ultimately be replaced when market conditions change and thiS site becomes npe for redevelopment. According to the narrative submitted with the application the "initial plan for the property was to construct a by-nght building to use as office-warehouse; however, it was obVIOUS that it would benefit us and the city In the long run to hold off on constructing anything on the property until plans for the light rail and GEORGE POWELL Page 2 of 3 the (Newtown Strategic Growth Area] were completed." The applicant considers the proposed storage yard to be a temporary use until such time as this SGA begins to redevelop, particularly with the potential Introduction of light rail transit through the area along the Norfolk Southern nght-of-way to the south of the subject site. Staff concludes that five (5) years IS an appropriate 'temporary' period, as work on developing a plan for this SGA, as well as the work required for permitting and design of any transit line through the area IS likely to require five (5) or more years to complete. The property does not have legal use of the eXisting driveway described above, which crosses the Norfolk Southern railroad property and property owned by Dominion Virginia Power This eXisting access IS through a reSidential neighborhood to the south via South Lowther Drive. The Width of pavement IS approximately 27 feet within the 30 foot Wide right-of-way of South Lowther Drive. No easements or agreements have been found or provided to support the legal use over these properties. In addition, it IS Staffs opinion that the Industrial zOntng of this property does not support access through a neighboring reSidential area, as IS the current practice. Staff IS recommending a condition that all traffic to and from thiS site use Southern Boulevard, which extends through other industrially zoned properties In the area. Therefore, the subject property will be reqUired to access the right-of-way via Southern Boulevard, which IS the current address for the property The Planntng CommiSSion placed thiS item on the consent agenda because the proposal proVides a temporary use of thiS parcel pending the completion and Implementation of the Newtown SGA plan, there was no opposition, and conditions below ensure compatibility of the proposal with the surrounding area. . Recommendations: The Planning CommiSSion passed a motion by a recorded vote of 11-0 to approve thiS request with the follOWing conditions: 1 Ingress/egress to the site shall be only via Southern Boulevard. Surface treatment and deSign standards for the access shall be determined dUring final Site Plan review through the Development Services Center The eXisting driveway leading to South Lowther Drive shall be abandoned. 2. The naqUlred Category VI landscape buffer shall be Installed along the westeirn, northern and southern property lines. The reqUired landscaping shall be Installed where the Planning Department Staff determines that the eXisting vegetation along the western and southern property lines IS not adequate to accomplish the Intent of Category VI buffering. In order to determine thiS, a landscape plan depicting the location, species and diameter (if applicable) of eXisting vegetation shall be submitted dUring final site plan review for review for Staffs conSideration. GEORGE POWELL Page 3 of 3 3. The eXisting residential structure shall be brought Into compliance with the current edition of the Virginia Uniform Statewide Building Code for non- residential buildings. A Certificate of Occupancy shall be obtained prior to use of the structure. 4 In lieu of the required solid, SIX (6) foot high fence, a chain link fence may be Installed along the eastern property line. All other property lines must follow the reqUirements of the Category VI landscaping and buffering unless specifically permitted as described above In condition #2. 5. ThiS Conditional Use Permit IS valid for a five (5) year period from the date of approval by City Council. ThiS does not preclude the extension of thiS Conditional Use Permit proVided such extension IS reviewed and approved by the Planning Director 6. As thiS use IS Viewed as temporary In nature, the surface of the site may be gravel In lieu of pavement only upon determination by the Planning Director that such a waiver IS not detrimental to the surrounding properties; however, any handicap spaces reqUired under the City ZOning Ordinance shall be paved and property marked. 7 Prior to final site plan submiSSion, the applicant shall request a pre-submittal meeting, to be facilitated by the Development Services Center (DSC), to determine the specific requirements antiCipated as necessary for submiSSion. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department V . City Manager:~.~. ~~ ~ I ftJ'..t REQUEST: GEOR~GE POWELL Agenda Item 12 September 10, 2008 Public Hearing Staff Planner" Carolyn A.K. Smith Conditional Use Permit for contractor's storage yard ADDRESS 1 [)IESCRIPTION: Property located at 5512 Southern Boulevard GPIN: 14672481900000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 43,634 square feet The applicant requests a Conditional Use Permit to allow development of the site for a contractor's storage yard for construction equipment, Including a backhoe, a forklift, several trucks and other construction vehicles In association willh the applicant's construction bUSiness, Storage of raw matenals such as mulch or stone IS not requested. The site IS zoned 1-1 Light Industnal. SUMMARY OF REQUEST According to the narrative submitted with the application the "initial plan for the property was to constru~t a by-nght building to use as office-warehouse; however, it was obVIOUS that it would benefit us and the city In the long run to hold off on constructing anything on the property until plans for the light rail and the [Newtown Stralteglc Growth Area] were completed." The applicant conSiders the proposed storage yard to be a temporary use until such time as thiS SGA begins to redevelop, particularly with the potential Introduction of Light Rail Transit through the area along the current Norfolk Southern Railroad nght-of-way to the south of the subject site. Staff concludes that five (5) years IS an appropnate penod, as work on developing a plan for thiS SGA, as well as the work reqUired for permitting and deSign of any transit line through the ar4:la IS likely to require five (5) or more years to complete. LAND USE AND ZONING INFORMATION EXISTING LAI~D USE: Vacant single-family dwelling SURROUNDING LAND USE AND ZONING: North: South: East: . Office 11-1 Light Industnal Distnct . Norfolk Southern nght-of-way, church, Single-family dwellings 1 R-10 ReSidential Distnct · Dominion Virginia Power transmission station 11-1 Light GEORGE POWELL Agenda Item 12 Page 1 Industrial District West: . Parking lot /1-1 Light Industrial District NATURAL RESOURCE AND CULTURAL FEATURES: The site IS In.the Chesapeake Bay watershed. There do not appear to be any significant environmental resources on the property. AICUZ: The site IS In an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Southern Boulevard In the VIcinity of this application IS considered a two-lane undiVided local street. No Capital Improvement Program projects are slated for this roadway Parliament Drive In the vIcinity of this application IS considered a two-lane undiVided collector street. No Capital Improvement Program projects are slated for this roadway, TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Southern No eXisting Boulevard traffic counts EXisting ZOning 2 - 57 are available ADT for this Proposed Land Use 3 - roadway 57 ADT Providence Road 3,546 ADT 1 6,200 ADT 1 (Level of Service "C") - 11,100 ADT 1 (Level of Service "E") Average Dally Trips 2 as defined by Industrial use - bulk storage 3 as defined by industrial use - bulk storage WATER: This site must connect to City water There IS an eXisting 10-lnch City water line encroaching Into the property adjacent to Southern Boulevard within an eXisting 30-foot utility easement. There IS also an eXisting 4B-lnch City water transmiSSion main encroaching Into the property adjacent to Southern Boulevard within an eXisting 30-foot utility easement. SEWER: This site must connect to City sanitary sewer AnalYSIS of Pump Station # 007 and the sanitary sewer collection system IS reqUired to ensure future flows can be accommodated. There IS an eXisting eight (B)-Inch City sanitary sewer gravity main along Southern Boulevard approximately 70 feet west of the property There IS also an eXisting 24-lnch force main along Southern Boulevard fronting the site. GEORGE POWELL Agenda Item 12 Page 2 Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehemliive Plan: The Comprehensive Plan recognizes this site to be within the Strategic Growth Area 3 (SGA) of the City of Virginia Beach. Strategic Growth Areas are designated to absorb most of the City's future growth, and, as such, are planned for more Intensive uses than most other areas of the city, Evaluation: Much of the vegetation on the site was recently cleared. When Staff visited the site, it was not clear on which property the remaining vegetation stood. As such, Staff IS recommending a condition that In lieu of Installing the required Category VI landscape matenal around the eastern and southern property lines, the applicant may submit a landscape plan dunng final site plan review that depicts the location, specIes and diameter (if applicable) of eXIsting trees and shrubs. A solid SIX (6) foot high fence will still be needed, surrounding tile entire site, as required by the ZOning Ordinance for this use. Staff IS recommending that chain link IS suitable along the eastern property line, adjacent to the Virginia Power transmiSSion station. Traffic EnglnE!enng has prOVided Planning Staff with comments of concern related to the current access to this site. It appears that this property does not have legal use of the eXisting dnveway across the Norfolk Southern railroad property or on the Dominion Virginia Power property, both adjacent to the site. This eXisting access IS through a residential neighborhood to the south via South Lowther Dnve. The Width of pavement IS approximately 27 feet within the 30 foot Wide nght-of-way of South Lowther Dnve. No easements or agreements have been found or provided to support the legal use over these properties. In addition, it IS Staffs opinion that the Industnal zoning of this property does not support access throu!;;lh a nelghbonng residential area, as IS the current practice, Staff IS recommending a condition that all traffic to and from this site use Southern Boulevard, which extends through other Industnally zoned properties In the area. Therefore, the subject property will be required to access the nght-of-way via Southern Boulevard, which IS the current address for the property. ThiS entails extending Southern Boulevard from its current terminus to the subject property uSing an adequately deSigned access, As thiS site IS within the Strategic Growth Area 3, Staff views thiS use, a contractor's storage yard, as one that will ultimately be replaced when market conditions change and thiS site becomes npe for redevelopment. Staff IS recommending approval, subject to the conditions listed below. CONDITIONS 1 Ingress/egress to the site shall be only via Southern Boulevard. Surface treatment and deSign standards for the access shall be determined dunng final Site Plan review through the Development Services Center The eXisting dnveway leading to South Lowther Dnve shall be abandoned. 2. The mqulred Category VI landscape buffer shall be Installed along the western, northern and southern propelrty lines. The required landscaping shall be Installed where the Planning Department Staff GEORGE POWELL Agenda Item 12 Page 3 determines that the eXisting vegetation along the western and southern property lines IS not adequate to accomplish the Intent of Category VI buffenng. In order to determine thiS, a landscape plan depIcting the location, species and diameter (if applicable) of eXisting vegetation shall be submitted dunng final site plan review for review for Staff's consideration. 3, The eXisting residential structure shall be brought Into compliance with the current edition of the Virginia Uniform Statewide Building Code for non-residential buildings. A Certificate of Occupancy shall be obtained pnor to use of the structure. 4. In lieu of the required solid, SIX (6) foot high fence, a chain link fence may be Installed along the eastern property line. All other property lines must follow the requirements of the Category VI landscaping and buffenng unless specifically permitted as described above In condition #2. 5. This Conditional Use Permit IS valid for a five (5) year penod from the date of approval by City Council. This does not preclude the extension of this Conditional Use Permit provided such extension IS reviewed and approved by the Planning Director 6. As thIs use IS viewed as temporary In nature, the surface of the site may be gravel In lieu of pavement only upon determination by the Planning Director that such a waiver IS not detnmental to the surrounding properties; however, any handicap spaces reqUIred under the City Zoning Ordinance shall be paved and property marked. 7 Pnor to final site plan submissIon, the applicant shall request a pre-submittal meeting, to be facilitated by the Development Services Center (DSC), to determine the specific requirements anticipated as necessary for submission. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this 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. GEORGE POWELL Agenda Item 12 Page 4 '., \\~ . ! \ \ ,~,. ~.\~ ,\ 11\~ \ \;.' \, ' I I t i i I .\ : \ IIII 1 \ !f' t,,\\ . 1,,-,1\1, -ili. '1 '\ \' . ".'.~ . I '.. ~o ----e-- ~ \ '\ll ~\ ~ \'\\ ill \'\~\ ! ~l\ it" tr\ "i\' 'i\. '\ ~; \\~I ~\~t~\ t~ \ iil! Ill' it '~~, l\\i\'il! ,t. \ \t\\ til \\ \1\\ '}\~~~1 \~! \~\ \~ \ I ~\ 11\\ ~\~ll'l\\\, ,,\ \ \W l'r \a \1 ~\ '\\?W \\i ,'I ~\\i \~ 1\ .\ ;\ \\~\i\ t~\ \\\\ l~l \\ l \it ~\~\,\\\\ i\'\~ll\lb I ,~ 1\\1 .\~l' \.: 'l~ 'if. ~,' . \I~ d ~ .~-' f. -:,:-~~-~'---'~~ LAN OSED S''TE P _ pROP /NELL GE. pO '\2 GE.OR da \tern J:; Agen Page .. Geor e Powell ~. 1-] O~ 1 09/11/07 Granted 2 12/05/06 Granted 07/03/02 Granted 07/13/87 Granted 3 04/28/98 Granted 4 OS/27/08 Granted 5 03/11/03 Granted Granted 6 08/14/07 Granted 7 10/11/05 Granted 8 01/26/99 Granted ZONING HISTORY GEORGE POWELL Agenda Item 12 Page 6 z o I I ~ U I I ~ ~ ea f-I ~ ~ ~ ~ CI':) ;::J ~ o I I f-I I I ~ Z o U DISCLOSURE STATEMENT IIOISCLOSURESTATEMENT 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) 5512 SouthHrn Blvd, LLC. George Powell. 2. list all businesses that have a parent-subsidiary' or affiliated business entity"! relationship with the applicant: (Attach list if necessary) Powell DevE,lopment, LLC, 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 propmty 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. trusteei~. partners. etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' 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. business, or other unincorporated organization. , & 2 See next page for footnotes Does an offiCial or employee of the City of Virginia Beach have an Interest In the subject land? Yes _ No ~ If yes. whalt IS the name of the offiCial or employee and the nature of their Interest? Conditional Use Pmmit Application Page 9 of,O ReVIsed 7/3/200 7 GEORGE POWELL Agenda Item 12 Page 7 z C> I I ~ U I I ~ ~ ~ F--4 .~ ~ ~ ~ ~ ~ ~ C> I I F--4 I 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) Powell Development. LLC. , "Parent-subsidiary relationship" means "a relationship that eXists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act. Va. Code ~ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that eXIsts when (i) one business entity has a controlling ownership Interest In the other business entity, (ii) a controlling owner In one entity IS also a controlling owner In the other entity, or (iii) there IS shared management or control between the business entities. Factors that should be considered In determining the eXistence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basIs; or there IS otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code ~ 2.2-3101. CERTIFICATION: I certify that the Information contained herein IS true and accurate I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled pu Ing according to the Instructions In thiS package. The undersigned also consents to entry n the su lect property by employees of the Department of Planning to photograph and e site for pu sSlng and evaluating thiS application C> U George Powell Pnnt Name George Powell Pnnt Name ConditIOnal Use Permit Application Page 10 of 10 ReVised 7/3/200 7 GEORGE POWELL Agenda Item 12 Page 8 Item #12 George Powell ConditIOnal Use PermIt 5512 Southern Boulevard DIstnct 2 Kempsville September 10, 2008 CONSENT Joseph Strange: The next matter IS Item 12. An applicatIOn of George Powell for a ConditIOnal Use PermIt for a bulk storage yard and building contractor's yard on property located at 5512 Southern Boulevard, DIstnct 2, Kempsville, wIth seven conditIOns. Eddie Bourdon: Thank you Madam ChaIr, Mr. Secretary For the record, I'm Eddie Bourdon, a Virginia Beach attorney representmg Mr. Powell. All of the conditIOns as revIsed that you receIved thIS mornmg are acceptable to Mr. Powell. We apprecIate bemg on the consent agenda. Mr. Nutter, who represents the adjacent property owner, has a comment. I may have a qUIck one but we won't take but a second of your tIme. RJ. Nutter: We will try to keep thIS on the consent agenda. It IS the purpose of commg up here today For the record, I'm R.J Nutter and I represent ECPI, whIch IS the owner of the adjacent property around thIS applicatIOn. ECPI thought the conditIOns were acceptable to them up until the last mmute change. Rather than keep thIS up here, Eddie and I have agreed to proceed to talk to each other and try to work out any little differences m wordage between now amI Council, buL oLherwIse we were accepLable to thiS applicatiOn gomg on for five years, and we had no problem WIth that. I relayed that to Eddie. So, but we will get together between now and Council, but we didn't want to hold It up from here from gomg forward to the Plannmg CommIssIOn, If that IS alnght WIth you all? Eddie Bourdon: My comment IS very sImple. It IS a holding pattern use as the applicatIOn has been revIewed by your staff. We have agreed that If and when light rail comes past thIS property, we're gone m 30 days. Okay And we're gone m 10 years If there IS no light rail m ten years. That has been our pomt from day one. We're out of there as soon as light rail IS by thIS property, and we're out of there m 10 years If there IS never light rail. That IS what we will be talkmg about. Joseph Strange: VVell, thank you Eddie, RJ We appreciate you cooperatmg WIth each other. Is there any OppOSItIOn to hIS matter bemg placed on the consent agenda? If not, the ChaIr has asked Henry Livas to reVIew thIS Item. Henry LIvas: Our reVIew based on what we have today The applicant requests a ConditIOnal Use PermIt to allow the development of a SIte for a contractor's storage yard for constructIOn eqUipment mcluding backhoe, a forklift, several trucks and other constructIOn vehIcles assocIated WIth the applicant's constructIOn busmess. Storage of raw matenals such ( as mulch or stone IS not requested and the SIte IS zoned 1-1 LIght Industnal. According to the Item #12 George Powell Page 2 narratIve submItted by the contractor the "illItIal plan for the property was to construct a by- nght building to use as an office-warehouse; however, It was ObVIOUS that It would benefit the applicant and the City m the long run to hold off constructmg anythmg on the property until plans for the light rail and Newtown StrategIC Growth Area were complete. The applicant conSIders the proposed storage yard to be a temporary use until such tIme as the SGA begms to redevelop, partIcularly wIth the potentIal mtroductIOn of the LIght Rail TranSIt through the area along wIth current Norfolk Southern Railroad nght-of-way, and to the south ofthe subject sIte. Our Plannmg staff conSIders that a five (5) year penod IS an appropnate penod, as work on the developmg a plan for thIS SGA, as well as the work reqUIred for permIttmg and desIgn of any tranSIt line through the area IS likely to reqUIre five (5) or more years to complete. The applicant has agreed to conditIOn I, WhICh reqUIres that property access utilize Southern Boulevard not South Lowther Dnve. Due to all these .agreements we have placed It on the consent agenda. Joseph Strange: Thank you Henry ChaIrman, I have a motIon to approve agenda Item 12. Jamce Anderson: A motIon by Joe Strange and a second by Don Horsley Jay Bernas: Just for clanficatIOn on Item 12. Are we votmg on the revIsed or the ongmal? JanIce Anderson: The revIsed conditIon that we were handed out today , Jay Bernas: Okay JanIce Anderson: Thank you. 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 12 for consent. JanIce Anderson: Thank you. Thank you for takmg care of these matters. Thank you all that ( came down on the consent agenda Items. We appreciate It. Thank you. '- / ,d\~8'r~"':'\ k~~;:"?;, ..~.tf'.,.. ......\~'!, fst" .. ~1> ~.\~. :'.~ (\:=..::".. ....~/J l~~~/.~..~~ ....y ~..;;:..:::.:...,,"* CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1) An Ordinance to Amend Section 2102 of the City ZOning Ordinance, RevIsing the Definitions of "Affordable", "Affordability Level Statement", "Area Median Income", "Workforce Housing" and "Workforce Housing Unit" and Changing the Terms "Qualified Buyer" and "Qualified Renter" to "Eligible Buyer" and "Eligible Renter" 2) An Ordinance to Amend Chapter 16, Article VIII of the City Code by RevIsing Certain Definitions and Program Procedures Pertaining to Workforce Housing 3) An Ordinance to Establish a Workforce Housing RevolVing SpeCial Revenue Fund 4) A Resolution Approving Program Documents for the Workforce Housing Program and PrOViding for the Execution of Legal Instruments In Workforce HOUSing Transactions MEETING DATE: October 28, 2008 . Background: In August 2007, the City Council adopted amendments to Article 21 of the City ZOning Ordinance and Chapter 16 of the City Code, establishing the Workforce HOUSing Program and creating the Workforce HOUSing AdVISOry Board (WFHAB). One of the responsibilities of the WFHAB, as set forth In City Code Section 16-54, IS to "adVise the city council on all aspects of the city's workforce hOUSing program, Including recommendations for modifications of the reqUirements of the program." The WFHAB, together with Staff from the Department of HOUSing and Neighborhood Preservation and City Attorney's Office, have reviewed all aspects of the for-sale portion of the program and are bringing forward for conSideration by the City Council two proposed ordinances and a proposed resolution, as described below . Considerations: City Code Chapter 16: The ordinance amends certain of the proVISions of Article VIII of City Code Chapter 16, which sets forth the WFH Program's process and procedures for the sale of workforce hOUSing. The most Significant of the amendments IS the modification of the form of the transactions by which WFH units are sold. The proposed process, which IS Simpler and less expensive to the buyer than the process currently set forth In the current City Code, was developed after extensive consultation with the key mortgage Industry stakeholders and has been used successfully In James City County Other proposed changes Include reVISIons to certain of the definitions, clarifications of and refinements to the process and procedures used In the WFH Program, and the deletion of language referenCing the City's "agent," as the Department of HOUSing and Neighborhood Preservation would be handling transactions directly Workforce Housing Revolving Fund: The ordinance establishing' the Fund provides a mechanism by which the City holds funds that are received from fees and payoffs of second deeds of trust held by the City on workforce housing units. The Fund will be self-supporting through those fees and payoffs, and any recaptured funds from second deeds of trust held by the City on workforce housing units will be used to further the goals of thE~ program, pnmarily by enhanCing the affordability of future WFH units, The only cost of the WFH Program not paid for through the WFH Revolving Fund will be for one emploYHe of the Department of Housing and Neighborhood Preservation. Program Documents: The resolution adopting the WFH Program documents (the vanous legal Instruments to be used In all WFH transactions) establishes these documents as the offiCial ones for use In the Program. All documents have been developed In order to Insure that all parties are fully Informed about how the Program works, and to Insure that the Interests of the city are protected In the Initial and future transactions. The resolution also authonzes the City Manager to execute on behalf of the City, or to deSignate the Director of HOUSing and Neighborhood Preservation to execute, legal Instruments used In workforce hOUSing transactions when such Instruments have been approved by the City Attorney In addition to the three items described above, the City Council will also conSider proposed amendments to the City ZOning Ordinance provIsions concerning workforce hOUSing set forth In Article 21 of the CZO As the CZO amendments are Planning items, they are being brought forward separately but contemporaneously with the ordinances deseribed In thiS Agenda Request Form. The CZO amendments are limited to refinements of certain definitions and terminology, and contain no substantive reVISions to the eXisting ordinance. A separate Agenda Request Form prepared by the Planning Department more fully describes the proposed CZO reVISions. The Planning Commission recommended approval of the proposed CZO amendments on October 8 . Public Information: The program changes have been developed by the WFHAB, which holds public meetings and has met at least monthly In the last 9 months. In addition, the City Council received a public bnefing on October 7 and held a public comment session on October 14 bnefing. The City ZOning Ordinance amendments were also the subject of a public heanng before the Planning Commission on October 8 . Alternatives: The package presented today represents the consensus of the WFHAB and City Staff regarding the Implementation of the Workforce HOUSing Program. While there are alternatives possible, the proposed ordinances and resolution are entirely consistent with the expressed Intent of the City Council In establishing the Workforce HOUSing Program and were developed with conSiderable Input from potential stakeholders and others, Including mortgage Industry representatives, developers, hOUSing advocates and others. . Recommendations: Adoption of the ordinances and resolution. . Attachmnnts: Three ordinance d Neighborhood Preservation Recommended Action: Approval Submitting Dep~mentlAgency: D City Manager: '\<:'.~. ~ 1 AN ORDINANCE TO AMEND SECTION 2102 OF THE CITY 2 ZONING ORDINANCE, REVISING THE DEFINITIONS OF 3 "AFFORDABLE," "AFFORDABILlTY LEVEL STATEMENT," 4 "AREA MEDIAN INCOME," "WORKFORCE HOUSING" 5 AND "WORKFORCE HOUSING UNIT" AND CHANGING 6 THE TERMS "QUALIFIED BUYER" AND "QUALIFIED 7 RENTER" TO "ELIGIBLE BUYER" AND "ELIGIBLE 8 RENTER" 9 1 0 Section Amended: City Zomng Ordinance Section 2102 11 WHEREAS, the public necessity, convemence, general welfare and good zomng 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA. 16 17 That Section 2102 of the City Zomng Ordinance IS hereby amended and 18 reordalned to read as follows: 19 20 Sec. 2102. Definitions. 21 22 As used In this article, the following terms shall be defined as follows: 23 24 (a) Affordable. Housing IS considered affordable by 3 purchasor if no more 25 than approximately thirty (30) percent of the gross household Income of the purchaser 26 or renter IS spent on direct housing costs.:. , 'NhlCh For buyers. such costs Include 27 mortgage prrnclpal, Interest, taxes~ aM homeowner's Insurance, but not mandatory 28 homeowners' association dues, and condomlmum fees, but do not Include utilities or 29 other related housing costs. For renters. such costs Include rent payments and an 30 allowance for tenant-paid utilities other than cable teleVIsion and telephone service. but 31 do not Include other related houslnQ costs. 32 33 (b) Affordability level statement. A statement of the number of workforce 34 housing units that are affordable to qU31ifiod eliqible buyers at eighty (80) percent, 35 mnety (90) percent, one hundred (100) percent, one hundred ten (110) percent and one 36 hundred twenty (120) percent of 3rea modi3n Incomo Area Median Income, 37 respectively~ or to qU31ified eliqible renters at sixty (60) percent, seventy (70) percent, 38 eighty (80) percent, aM mnety (90) percent and. where the buildinq contains an 39 elevator. one hundred (100) percent of 3re3 median Income Area Median Income. 40 41 ~ (ill Area median mcomo Median Income (AM/). The household Income th3t 42 one h31f of the household Incomes In 3 spocific 3rea 3re bolow and one h31f 3re 3bo'lo. 43 Referenoes In thiS 3rticlo to area median Income shall be to the area medi3n Income for 44 the VirgInia Beach Norfolk Nm....port News, Virginia Metropolitan Statistical /\rea (MS.^.), 45 which IS publi8hed annually by the U.S. Department of Housing and Urban 46 Development (HUD) and IS adjusted for household size. 47 48 Area Median Income (AMI). The Area Median Income for the Vin:lln1a Beach- 49 Norfolk-Newport News. VirCllnla Metropolitan Statistical Area (MSA) published annually 50 by the U.S. Del.Jiartment of Houslno and Urban Development (HUD) and adiusted for 51 household size. 52 53 f6j f.Q1 Bonus density. An Increase In the maximum allowable dwelling unit 54 density on a property. attributable to the proVIsion of workforce housing on that property 55 56 (€ij UU QIJi~ Eliaible buyer A person whose workforce housing application 57 has been approved and who meets the home ownership requirements of the workforce 58 housing program. These requirements center on gross annual Income, financial assets, 59 and location where one works and lives. To purchase a workforce housing unit, annual 60 gross Income must generally be between eighty (80) percent and one hundred twenty 61 (120) percent of area median Income Area Median Income. 62 63 (e) ill Qualified Eliaible renter A person whose workforce hOUSing application 64 has been approved and who meets the rental requirements of the workforce hOUSing 65 program. These reqUirements center on gross annual Income, financial assets, and 66 location where one works and lives. To rent a workforce hOUSing unit, annual gross 67 Income must generally be between sixty (60) percent and ninety (90) percent of afea 68 median Income Area Median Income or. where the buildino contains an elevator. 69 between SlxtV (60) percent and one hundred (100) percent of Area Median Income. 70 71 ~ (g) StrategIc growth area (SGA). Areas of the city that are deSignated In the 72 Comprehensive Plan to absorb most of city's future growth, both residential and non- 73 residential. ThesH areas, which are planned for more intensive uses than most other 74 areas of the city, are charactenzed by the Integration, not separation, of diverse but 75 compatible uses Including, where appropnate, residential uses. 76 77 &H (b} Workforce housmg (WFH). HOUSing that IS generally affordable to 78 households with working members who live or will be liVing work In the City of Virginia 79 Beach. For home ownership, it IS hOUSing that IS pnced to be affordable to households 80 with annual Incomes between eighty (80) percent and one hundred twenty (120) percent 81 of AMI. For rentals, it IS hOUSing that IS pnced to be affordable to households with 82 annual Incomes between sixty (60) percent and OIghty (80) ninety (90) percent of AMI 83 or. where the buildina contains an elevator. between sixty (60) percent and one hundred 84 (100) percent of AMI. 85 86 W ill Workforce housmg discount. The difference In sales pnce between a 87 market rate unit and an eqUivalent workforce hOUSing unit. ThiS amount IS calculated to 2 I I 88 be the reduction In sales pnce necessary to make a workforce housing unit affordable to 89 a household at a targeted Income level. 90 91 fij ill Workforce housmg unit (WFH unit). A dwelling unit that IS reserved for 92 sale or rent by an qualified eliqible buyer or qualified eliqible renter, as the case may be, 93 at a pnce Incorporating the workforce housing discount. Workforce housing units are 94 constructed as a result of the bonus density provIsions that allow the construction of a 95 greater number of dwelling units on a specific parcel of land than IS otherwise allowed In 96 exchange for the provIsion of workforce housing on the parcel. 97 98 99 COMMENT 100 1 01 The amendments refine certain of the definitions in the ordinance in order to conform them 102 to the definitions of the equivalent terms in the workforce housing program ordinance contained in 103 Chapter 16 of the City Code. With the exceptions described in the next paragraph, none of the 1 04 revisions is substantively significant. 105 106 The definition of "affordable" adds mandatory homeowners' association and condominium 107 fees to the items which are considered direct housing costs in determining affordability. It also 1 08 adds a formula for determining affordability of rental housing. In addition, certain of the 1 09 definitions expand the high end of the range of area median income (AMI) for purposes of 110 determining eligibility for renters from 90% of AMI to 100% of AMI where the building contains 111 an elevator. 112 113 114 115 116 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of 11 7 , 2008. 118 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY UJ~~~ I~/N~' City Attorney's Office Plannln CA-10863 R-4 September 22,2008 3 1 AN ORDINANCE TO AMEND CHAPTER 16, ARTICLE VIII 2 OF THE CITY CODE BY REVISING CERTAIN 3 DEFINITIONS AND PROGRAM PROCEDURES 4 PERTAINING TO WORKFORCE HOUSING 5 6 Sections Amended: City Code Sections 16-44, -45, -46, -48, 7 -4!~, -50, -55 and -56 8 9 SE~ctions Added: City Code Sections 16-46.1 and -49 1 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA. 13 14 That Chapter 16, Article VIII (Workforce Housing) of the City Code IS hereby 15 amended and mordalned by amending City Code Sections 16-44, 16-45, 16-46,.16-48, 16 16-49, 16-50, 16-55 and 16-56 and adding City Code Sections 16-46.1 and 16-49 1, to 17 read as follows: 18 19 ARTICLE VIII. WORKFORCE HOUSING 20 21 DIVISION 1. GI:NERAL PROVISIONS 22 23 Sec. 16-42. Applicability 24 25 The provIsions of this article shall apply only to the sale or rental of workforce 26 hOUSing approvl~d by the city council pursuant to the provIsions of article 21 of the city 27 zoning ordinance. 28 29 COMMENT 30 31 This section is shown for reference purposes only. 32 33 Sec. 16-43. Pu rpose and intent. 34 35 (a) The purpose of this article IS to provide eligibility reqUirements, pricing 36 standards and program procedures concerning Initial sales, subsequent transfers and 37 rentals of workforce hOUSing units developed pursuant to the provIsions of article 21 of 38 the city zOning ordinance as part of the city's workforce hOUSing program. It IS the 39 Intention of the city council to establish such standards and procedures as a means of 40 achieving the city's VISion for hOUSing and neighborhoods, as stated In the "hOUSing and 41 neighborhoods" section of the comprehenSive plan. 42 43 (b) The creation of developments containing workforce hOUSing as an 44 Integrated component thereof will advance the city's goal of providing diverse, hlgh- 45 quality and affordable hOUSing In deSirable neighborhoods. AllOWing a greater mix of 46 Incomes within neighborhoods Increases the affordability of hOUSing and reduces the 47 Isolation of Income groups. Further, mixed-Income developments are beneficial In the I I 48 long run because they broaden housing opportunities, Increase residents' access to 49 nearby employment and provide a better land use arrangement to accommodate 50 alternative, cost-effective transportation systems. 51 52 COMMENT 53 54 This section is shown for reference pnrposes only. 55 56 Sec. 16-44. Definitions; explanatory material. 57 58 As used In this article, the following terms shall have the meanings set forth In 59 this section. Where explanatory matenalls proVided, such terms shall be construed In a 60 manner consistent with such matenal: 61 62 Affordable. Housing IS generally considered affordable by a household if no 63 more than approximately thirty {301 percent of ~ the annual gross Income of the 64 purchaser or renter IS spent on direct housing costs. \^!ith respect to home ownership, 65 For purchasers, such costs Include mortgage pnnclpal, Interest, taxes and homeowner's 66 Insurance, but not mandatory homeowners' association dues, and condominium fees, 67 but do not Include utilities or other related housing costs. With respect to rentals, such 68 costs Include GfHy rent payments and do not Include an allowance for tenant-paId 69 utilities other than cable televIsion and telephone service but do not Include other 70 related housing costs. 71 72 Annual gross Income. Income from whatever source denved and before taxes 73 and withholdings. Included In the calculation of gross Income are base salary, overtime, 74 part-time employment, bonuses, commiSSions, diVidends, Interest, royalties, penSions, 75 military housing allowance, Veterans Administration compensation, alimony, child 76 support, public assistance, sick pay, social security benefits, unemployment 77 compensation, Income from trusts, and other Income from business activities or 78 Investments. 79 80 ApprecIation. The workforce housing program uses a shared appreciation model 81 to recapture the workforce housing discount, plus a fixed percentage of a unit's 82 appreciation In value. 83 84 Area median Income (AMI). The Area Median Income for the Virginia Beach- 85 Norfolk-Newport News, Virginia Metropolitan Statistical Area (MSA) published annually 86 by the U S. Department of Housing and Urban Development (HUD) and adjusted for 87 household size. Pnclng of workforce housing units and end-user qualifications are 88 partially based on thiS published data. The Initial sales pnce of workforce housing units 89 IS based on the ratio of housing payments relative to the AMI. Additionally, the end 90 user's Income qualifications are based on the AMI, adjusted for household Size, 91 2 92 City The City of Virginia Beach or such other entity as the city council may 93 designate as its agent In discharging the duties and performing the acts prescribed or 94 contemplated by this article. 95 96 Developl~r The developer of workforce housing or other person or entity, such 97 as a homebuildef; who purchases sells a workforce housing unit f-or purposes of resale 98 to an oligible bll:JYE* pursuant to the provIsions of this article. The term Includes other 99 persons or entities, such as homebuilders. who purchase workforce houslnq units for 100 the purpose of sellinq such units pursuant to the provIsions of this article, but does not 101 Include any penson who resells a workforce houslnq unit pursuant to section 16-49 102 103 Director The director of the department of housing and neighborhood 104 preservation or his designee. 105 106 Discounted sales pnce. The consideration paid to the developer for a workforce 107 houslnq unit; provided. however. that In the case of a resale, the discounted sales price 108 IS the difference~ between the Initial sales pnce and the amount of funds provided by the 109 city. as eVidenced by a promissory note, to help buy down the eliqible buyer's first 110 mortqaqe. 111 112 Eligible buyer A household whose workforce housing application has been 113 approved and who meets aU the reqUirements of the workforce housing program for 114 home ownorshlf} section 16-46. Such reqUirements Include, among other things, the 115 household's gross annual Income. aRG financial assets. and location In which an adult. 116 non-dependent household member lives and works. In order to qualify to purchase a 117 workforce housing unit, a household's annual gross Income must generally be between 118 eighty (80) percent and one hundred twenty (120) percent of AMI. 119 120 Eligible renter A household whose workforce housing application has been 121 approved and who meets aU the reqUirements of the workforce housing program for 122 rental housing section 16-51 Such reqUirements Include, among other things, the 123 household's gross annual Income. aRG financial assets, and location In which an adult, 124 non-dependent household member lives and works. In order to qualify to rent a 125 workforce housing unit, a household's annual gross Income must generally be between 126 sixty (60) perce~nt and nrnety (90) percent of area medi:Jn Income AMI or. where the 127 buildinq contains an elevator, between sixty (60) percent and one hundred percent of 128 AMI. 129 130 End user An eliqible buyer or eliqible renter that IS, or will be, OCCUPYlnq a 131 workforce houslnq unit as its Principal reSidence. 132 133 Equitv shanna aareement. An aqreement between the city and eliqible buyer In 134 which the eliqible buyer aqrees to share the net appreciation with the city upon the 135 resale of the workforce houslnq unit 136 3 137 Gross appreciation. The difference between the Initial undiscounted s31es resale 138 pnce of a workforce hOUSing unit received by an elioible buyer upon resale of the unit to 139 a third party and the undiscounted Initial sales pnce of the unit upon resale that the 140 elioible buyer paid for the unit. 141 142 Household. One or more persons living In, or Intending to live In, the same 143 dwelling workforce houslno unit. 144 145 Initial sale. The onglnal sale of a workforce hOUSing unit to an eligible buyer +Re 146 term does not Include sales to persons such 3S homebuilders 'Nhore such sales are for 147 the purpose of resale to eligible buyers. 148 149 Initial sales Of/ce. The conSideration paid for the workforce houslno unit by the 150 elioible buyer 151 152 Net appreciation. The difference between the onglnal undiscounted soles pnce 153 of a workforce hOUSing unit and its undiscounted resale pnce, less the total amount of: 154 (i) the onglnal pnnclpal amount of the first mortgage loan on the unit, (ii) the pnnclpal 155 amount of the soft second deed of trust note on the unit, (iii) clOSing costs actually paid 156 by the eligible buyer In connection with the purchase of the unit, (iv) the eligible buyer's 157 dovm payment, and (v) the 3ppralsed value of any capit31 Improvements approved by 158 the director of hOUSing and neighborhood preservation. 159 160 The amount of the resale pnce of a workforce houslno unit. less the total amount of: (i) 161 the onOlnal pnnclpal amount of the first mortoaoe loan on the unit. (ii) the pnnclpal 162 amount of the workforce houslno deed of trust note on the unit. (iii) c1oslno costs 163 actually paid by the elioible buyer In connection with the purchase of the unit. (iv) the 164 elioible buyer's down payment. (v) the appraised value of any capital Improvements 165 approved by the Director of Houslno and Nelohborhood Preservation. and (vi) the 166 reasonable and customary sales commiSSion paid by the elioible buyer 167 168 Resale Of/ce. The sales pnce of the workforce houslno unit that the elioible 169 buver receives upon the sale of the workforce houslno unit to a third party 170 171 Shared net appreciation. The amount of the net appreciation owed to the city by 172 the purchaser of a workforce hOUSing unit, which shall be equal to the proportional 173 share represented by the city's Investment In the onglnal purchase of the unit In tho form 174 of the soft second deed of trust note as eVidenced by the equity shanno aoreement. For 175 example, if the amount of the soft second workforce houslno deed of trust note equals 176 twenty-five (25) percent of the anginal undiscounted purchase Initial sales pnce of the 177 unit, the amount of shared net appreciation owed to the city will be twenty-five (25) 178 percent of the net appreciation of the unit. The amount of the shared net appreciation 179 and pnnclpal amount of the soft second workforce houslno deed of trust note IS repaid 180 to the city upon resale of the unit. 181 4 182 Soft second dead of t,rust. /\ second deed of trust securing the repayment of the 183 loan made by the city to an eligible buyer In the amount of the v.'orkforce housing 184 discount, plus the shared net appreciation of the unit. The loan secured by a soft 185 second deed of trust carnes a zero percent Interest rate, requires no monthly payments, 186 IS subordinate only to the purchase money first deed of trust, and IS due and payable 187 from the proceeds of the resale or transfer of the workf-orce housing unit. 188 189 Workforce housmg or workforce housmg unit. Dwellings or dwelling units, 190 whether slngle-.family dwellings, duplexes, semi-detached dwellings, townhouses or 191 multiple-family dwelling units, approved by the city council pursuant to article 21 of the 192 city zOning ordinance. Such housing IS generally affordable to households with working 193 members who live or work In the City of Virginia Beach. With respect to home 194 ownership of workforce housing, it Includes housing that IS priced to be affordable to 195 households with gross annual Incomes between eighty (80) percent and one hundred 196 twenty (120) percent of area median Income, adjusted for household size. With respect 197 to rentals of workforce housing, it Includes housing that IS priced to be affordable to 198 households with annual Incomes between sixty (60) percent and ninety (90) percent of 199 area median Income. 200 201 Workforce housmg application. An application submitted to the city that provides 202 the necessary Information to determine if a household qualifies for the workforce 203 housing program. PartiCipation In the program IS contingent upon approval of thiS 204 application. 205 206 Workforce housmq deed of trust. A deed of trust securlnq the repayment of the 207 loan made by the city to an eliqible buyer, representinq the workforce houslnq discount, 208 plus the shared net appreciation of the unit. The loan secured by a workforce housrnq 209 deed of trust carnes a zero percent IIlterest rate, reQuires no monthly payments, IS 210 subordinate onlv to the purchase money first deed of trust. and IS due and payable from 211 the proceeds of the resale or transfer of the workforce houslllq unit. 212 213 Workforce housmg discount. The difference In sales price between the fair 214 market value of a workforce housing unit and the reduced sales price necessary to 215 make such unit affordable to a household at a targeted IIlcome level. 216 217 Workforce housmg program revolvmg fund. A fund administered by the 218 department of housing and neighborhood preservation for the recapture of workforce 219 houslllg discounts, fees and shared net appreciation from the sale of workforce housmg 220 units. Funds are relllvested In the workforce houslllg program for the purpose of 221 preservlllg or cnaating affordable houslllg. 5 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 COMMENT The amendments revise a number of the existing definitions and add others. The revisions are the product of a joint review of the Workforce Housing Ordinance by the City staff and the Workforce Housing Advisory Board. DIVISION 2. SALE AND OWNERSHIP OF WORKFORCE HOUSING Sec. 16-45. Initial sales of workforce housing units. (a) The city shall have the nght to purchase workforce housing units offered for Initial sale as follows: (1) The city shall have an exclUSive nght to purchase any workforce housing unit, not to exceed a total of one-third of the workforce housing units for sale within a development, by so notifying the developer of the unit within thirty (30) days from the date on which the city IS notified that the workforce housing unit IS available for Initial sale. If the city does not timely exercise its nght to purchase the unit, it may be sold to an eligible buyer (2) Any workforce housing unit the city has not elected to purchase shall be offered for sale exclusively to eligible buyers for a penod of sixty (60) days from the date on which the city's nght to purchase the unit expires. Upon the expiration of such time, any such unit not sold to the city or to an eligible buyer may be offered for sale without restnction, provided, that when such a unit IS sold, the. developer shall pay to the city the difference between actual sales pnce and the pnce as reduced by the workforce housing discount. (b) The procedure for Initial sales of workforce housing units to be purchased by an eligible buyer shall be as follows: (1) A developer deEming to enter Into a contract who has reached an aoreement with an eligible buyer to sell a specific workforce housing unit to such elioible buyer as an feF Initial sale shall se notify the city that the developer and elioible buyer have reached an aoreement reoardino the purchase of the unit,. The city shall, either before or after it receives such notification, 'NhlCh sh311 verify the eligible buyer's continued eligibility under section 16-46 (2) In the event the eligible buyer continues to meet such reqUirements, the developer and city shall enter Into an real estate sales contract aQreement pursuant to which the developer agrees to sell the unit to the city 3t a price Incorporating the workforce housing discount. The city shall 3ssIgn to the eligible buyer its 6 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 rights under the contr3ct and shall receive 3 promissory note, secured by a soft second deed of trust from the eligible buyer, In the 3mount of the 'Norkforce housing discount eliqible buyer at a price Incorporatinq the workforce houslnq discount (the "discounted sales Price"). The developer shall not be entitled to receIve any portion of the momes representinq the workforce houslnq discount. ~I The city and eliqible buyer shall also enter Into an aqreement pursuant to which the city will finance. by means of a workforce houslnq deed of trust, the difference In value between the fair market value of the workforce houslnq unit and the discounted sales price. Such aqreement shall further provide, amonq other thlnqs. that that the city shall have the rlqht to repurchase the unit upon resale. or to asslqn such rlqht to an eliqible buyer, In accordance with the provIsions of section 16-49 ~, The workforce houslnq deed of trust shall: (i) the secure repayment to the city of the workforce houslnq discount, plus the shared net appreciation; (ij) be subordinate only to the lender's first deed of trust; and Wi) provide that the eliqible buyer shall make no payments of Principal on the Indebtedness secured by the workforce houslnq deed of trust until the eliqible buyer sells or otherwise divests his or her Interest In the workforce houslnq unit. The assignment shall further provide that: (i) such loan, plus the sh3red appreciation of jthe unit, shall be repaid to the city upon resalo of the unit and th3t such obligation shall be secured by a soft second deed of trust; and (ii) that tho city shall have the right to repurchase the unit upon resale, or to 3sslgn such right to an eligible buyer, In accord3nce '1.'ith the provIsions of section 16 49 COMMENT The amendments set forth the procedure for initial sales of workforce housing units to eligible buyers. They revise the procedures in the existing ordinance by establishing a process in which the City dOles not first enter into a contract with the developer, then assign the contract to an eligible purchaser, as specified in the existing ordinance. Instead, the City enters into agreements: (i) with the developer, to sell the unit directly to the eligible buyer, and (ii) with the eligible buyer, to finance the difference in value between the fair market value of the workforce housing unit and the discounted sales price. This difference is the "workforce housing discount," which the eligible buyer finances by means of a "workforce housing deed oftrust." Because the buyer is not required to make any paYllllents on the amount secured by the workforce housing deed of trust until he or she resells the unit, the procedure enables the eligible buyer to afford the payments on the unit while allowing the developer to pay taxes only on the discounted sales price he actually receives. In additiolll, the amendments in subdivision (b) (4) specify the required provisions of the workforce housinl~ deed of trust. They must be read in conjunction with section 16-55 (b), which requires that all legal instruments in workforce housing transactions contain adequate provisions to 7 I I 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 ensure the eligible buyer's or eligible renter's compliance with the applicable provisions of the ordinance, and that they must be approved by the City Attorney. Sec. 16-46. Eligibility requirements for buyers of workforce housing units. (a) In order to be deemed an eligible buyer of a workforce housing unit, a household shall meet the following critena: (1) At least one adult, non-dependent member of the household to be shown on the deed of trust note as a borrower or other obligor shall, at the time of application to the workforce housing program, live or work full-time In the City of Virginia Beach, or must have a bona fide offer of full-time employment within the City of Virginia Beach commencing within three (3) months of the time of application; (2) No member of the household shall own or have a controlling Interest In any other'real property; (3) The household's combined annual gross Income shall, at the time of application, be between eighty (80) percent and one hundred twenty (120) percent of area median Income, adjusted for household size; and (4) The net worth of the household shall not exceed fifty (50) percent of the sales pnce of the workforce housing unit being financed, The follOWing items shall not be Included In determining the net worth of a household: a. The present value of Insurance poliCies, retirement plans, furniture. automobiles or household goods; b. The portion of the household's liquid assets used for the down payment and to pay closing costs, up to a maximum of twenty-five (25) percent of the purchase pnce; and c. Any income-producing assets needed as a source of Income to meet the minimum qualifying requirements for eligible buyer status. (b) A household shall, In addition to the foregoing requirement, qualify for a mortgage loan from a mortgage lender acceptable to the city The city may deny eligible buyer status to any household if it determines that such mortgage loan contains deceptive, predatory or abusive terms. 8 360 (c) Once determined to be an eligible buyer, a household must continue to 361 meet the requllrements of subsection (a) through the time of settlement. A household 362 shall be reqUlrE!d to certify its continued qualification as an eligible buyer at settlement 363 and at any prior time requested by the city 364 365 (d) VVorkforce housing units shall be made available by the city for purchase 366 only by eligible buyers who have qualified for a mortgage loan In accordance with 367 subsection (b). 368 369 COMMENT 370 371 The amendments add antomobiles as an item not to be included in determining the net 372 worth of a household for purposes of determining eligibility for workforce housing. 373 374 . Sec. 16-46.1. Occupancy requirements. 375 376 (a) W'orkforce houslnQ units shall be owned and occuPied as the Principal 377 residence of the eliQible buyer at all times. No Interest In any workforce houslnQ unit 378 shall be leased, sold or otherwise transferred by the eliQible buyer oWnlnQ such unit, nor 379 shall the owner of any workforce houslnQ unit permanently vacate such unit. except In 380 accordance with the prOVISions of this article. 381 382 (b) The owner of a workforce houslnQ unit. other than the city or developer, 383 shall annually certify hiS or her compliance with the ProVIsions of subsection (a) on a 384 form provided by the department of houslnQ and nelQhborhood preservation. 385 386 COMMENT 387 388 The amendments add occupancy requirements to the ordinance. The provisions essentially 389 require that worUorce housing units be occupied as the principal residence of the eligible buyer at 390 all times, and prohibit the sale of workforce housing units except as allowed in the ordinance. The 391 owner of a world'orce hQusing unit is required to certify his or her compliance with these 392 requirements annually. 393 394 Sec. 16-47. Workforce housing pricing. 395 396 (a) Workforce hOUSing shall be priced so as to be affordable for purchase by a 397 household with a gross annual Income between eighty (80) percent and one hundred 398 twenty (120) percent of area median Income, adjusted for household size. Seml- 399 annually, the workforce hOUSing adVISOry board shall recommend, and the city council 400 shall establish, maximum sales prices for workforce hOUSing units based upon current 401 area median Income, prevailing mortgage Interest rates In the area, real estate. tax 402 rates, homeowner's Insurance rates, hOUSing ratios, and the size of targeted 403 households. In determining whether to grant approval pursuant to article 21 of the city 404 zOning ordinance to a proposed development that Includes workforce hOUSing, the city 9 I I 405 council shall determine whether the proposed pricing of the workforce housing within 406 such development meets the requirements of this section, 407 408 (b) The department of housing and neighborhood preservation shall make 409 available to prospective developers of workforce housing a spreadsheet planning tool to 410 assist In determining if a specific development meets the requirements of this section. 411 412 COMMENT 413 414 This section is shown for reference purposes only. 415 416 Sec. 16-48. Workforce housing discount. 417 418 (a) All Initial sales of workforce housing units shall be at a price that 419 Incorporates a workforce housing discount, as defined In section 16-44 The workforce 420 housing discount shall be sufficient to bring the sales price of a workforce housing unit~ 421 sales price within a price range that IS affordable to households with annual gross 422 Incomes between eighty (80) percent and one hundred twenty (120) percent of area 423 median Income, adjusted for household size The actual amount of the workforce 424 housing discount applicable to a specific workforce housing unit shall be subject to the 425 approval of the city council. 426 427 (b) The baseline amount of the workforce housing discount shall be twenty- 428 five (25) percent of the undiscounted sales price; provided, however, that if the 429 undiscounted sales price of a workforce housing unit IS affordable by a household with a 430 gross annual Income between eighty (80) percent and one hundred twenty (120) 431 percent of area median Income, adjusted for household Size, the reqUired workforce 432 housing discount may be less than twenty-five (25) percent. The chart below illustrates 433 the required discount applied to a WFH Unit given the affordability of an equivalent 434 market rate unit: 435 436 TABLE INSET 437 Affordability Range of Market Units (as a ReqUired Workforce Housing Percent of AMI) Discount From To 0% 80% 1% 81% 90% 5% 91% 100% 10% 101% 110% 20% 111% 120% 25% 10 438 439 COMMENT 440 441 The amendments to this section are stylistic and of no substantive effect. 442 443 Sec. 16-49. RE!Sale of workforce housing units. 444 445 (a) Pnor to offering a workforce housing unit for resale, the owner shall notify 446 the city of the owner's Intent to sell the unit. The city shall notify the unit owner of its 447 Intention to purchase the unit within thirty (30) days from the date on which the owner's 448 notice of Intent to sell was received by the city In the event the city determines to 449 purchase the unit upon resale, it shall have the right to assign the contract to an eligible 450 buyer 451 452 (b) The city shall tender to the unit owner an offer to purchase such unit at its 453 fair market valLIe. The fair market value shall be determined by the average of two (2) 454 appraisals of slUch unit based on the sales prices of comparable properties that have 455 recontly sold. Such appraisals shall be performed by licensed Virginia real estate 456 appraisers selected by the city as follows: 457 458 The city and workforce houslnQ unit owner shall attempt to aQree upon an 459 appraiser, who shall determine the fair market value of the workforce houslnQ unit as of 460 the date of the actual or antiCiPated sale. If the parties are unable to aQree upon an 46.1 appraiser within ten (10) days, the parties shall each have an appraisal made by an 462 appraiser of its chOice to establish the fair market value. If the two competinQ 463 appraisals are within ten percent (10%) of each other, the midpoint between the two 464 shall be considered the fair market value. If the two appraisals are not within ten 465 percent (10%) of each other, the parties shall aQree on a third appraiser, and such 466 appraiser's valuation shall be controllinQ as to fair market value. If the parties cannot 467 aQree on a third appraiser, the city shall have the rlQht to apPoint a Qualified appraiser 468 and such appraisal shall be controllinQ as to fair market value. The parties shall share 469 equally In the cost of 10lnt appraisals and shall be solely responsible for the cost of any 470 other appraisals. 471 472 (c) In the event the city deCides not to purchase or assign its right to purchase 473 the unit, it shall so notify the owner In writing, who shall thereafter have the right to sell 474 the unit to any other person or entity 475 476 (d) In the event the city purchases or assigns its right to purchase a workforce 477 hOUSing unit from the owner of such unit, it shall make such unit available for sale to 478 another eligible buyer for a period of at least ninety (90) days. The city shall notify the 479 eligible buyers on its prescreened list of the availability of the unit. 480 481 (e) In the event an eligible buyer enters Into a contract to purchase the unit 482 within the nlne!ty-day period, the city shall determine whether such eligible buyer 483 continues to so qualify If such eligible buyer continues to meet the eligibility 11 I I , 484 requirements of section 16-46, the owner of the unit shall enter Into a contract with the 485 city and, if applicable, the city's assignee, to purchase the unit at the fair market value 486 thereof, as determined pursuant to subsection (b). The contract shall further provide 487 that: (i) the amount of the workforce housing discount, plus the shared net appreciation 488 of the unit, shall be repaid to the city upon resale of the unit; and (ii) that the city shall 489 have the right to repurchase the unit, or to assign such right to an eligible buyer, In 490 accordance with the proVIsions of thiS section. 491 492 (f) At settlement, the principal amount .of the outstanding soft second 493 workforce houslnQ deed of trust note, plus the shared net appreciation of the unit, as 494 defined In section 16-44, shall be repaid to the city from the proceeds of the resale of 495 the unit. All such momes shall be deposited Into the workforce hOUSing revolving fund. 496 497 The city shall finance a portion of the purchase price equal to the amount of the 498 new workforce hOUSing discount by means of a note secured by ~ soft second 499 workforce houslnQ deed of trust. Tho new '.\'orkforce hOUSing discount shall be the same 500 percentage of the undiscounted purch3se price of the unit as the percent3ge of the 501 Initial workforce hOUSing discount. 502 503 COMMENT 504 505 The amendments having substantive effect are those in subsection (b). They prescribe the 506 procedures for determining the fair market value of workforce housing units upon resale. 507 508 Sec. 16-49.1. Same: exceptions. 509 510 NotwithstandinQ the prOVISions of section 16-49, the followlnQ transfers of 511 workforce houslnQ units shall be allowed: 512 513 (a) A transfer of a workforce houslnQ unit to the survlvlnQ 10lnt tenant by 514 deVise. descent or operation of the law. on the death of a 10lnt tenant; 515 516 (b) A transfer of a workforce houslnQ unit where the spouse becomes an 517 owner of the workforce houslnQ unit and the transferee IS a person who occupies or will 518 OCCUpy the workforce houslnQ unit; 519 520 (c) A transfer of a workforce houslnQ unit resultinQ from a decree of 521 dissolution of marnaQe. leQal separation or from an Incidental workforce houslnQ unit 522 settlement aQreement by which the spouse becomes an owner of the workforce houslnQ 523 unit and the transferee IS a person who occuPies or will occupy the workforce houslnQ 524 unit; and 525 526 (d) A transfer to an Inter VIVOS trust In which the owner IS and remains the 527 benefiCiary of the trust and the occupant of the workforce houslnQ unit. 528 12 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 COMMENT The amendments provided for exceptions from the requirement that the owner of a workforce houshng unit must allow the City to purchase the property before being able to transfer its ownership to a third party. These are limited in scope and concern life events such as the death of a spouse or a divorce. Sec. 16-50. RE~strictions on refinancing, etc. of workforce housing units. (a) No owner of a workforce hOUSing unit shall: (1) Refinance such unit or encumber the unit with any other mortgage loan, home equity loan or similar Instrument without the prior written approval of the director Such approval shall be requested no later than thirty (30) days prior to the date of settlement of the proposed refinancing or loan. The owner or prospective lender shall provide any Information required by the director, Including, but not limited to, an appraisal of the unit performed by a licensed Virginia real estate appraiser and based on the sales prices of comparable properties that have recently sold. Such appraisal shall be subject to the approval of the director In addition, the owner or prospective lender shall be charged a reasonable transaction fee to cover the administrative expenses associated with processing the request; (2) Repay Make any payments of Principal on the seft second mortgage loan secured by the workforce houslnQ deed of trust until the unit IS resold by the owner; or (3) Refinance such unit with a loan haVing a total loan-to-value ratio greater than the owner's proportional share of the Initial purchase price. The loan-to-value ratio IS the ratio of the Principal amount of the refinanclnQ loan to the fair market value of the unit to the principal amount of the rofinanclng loan. (b) The soft second workforce houslnQ deed of trust shall not be subordinated to any other mortgage or encumbrance, except a valid purchase money first deed of trust recorded 8lgalnst the property COMMENT The amendments to subdivision (a) (3) correct the definition of "Ioan-to-value ratio." The other amendments are stylistic in nature. 13 I! I 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 DIVISION 3. RENTAL OF WORKFORCE HOUSING Sec. 16-51. Eligibility requirements for renters of workforce housing units; verification. (a) In order to be deemed an eligible to rent a workforce housing unit, a household shall meet the following critena: (1) At least one adult, non-dependent member of the household occuPYing the unit shall, at the time of application to the workforce housing program, live or work full-time In the City of Virginia Beach, or must have a bona fide offer of full-time employment within the City of Virginia Beach commencing within three (3) months of the time of application; (2) No member of the household shall own or have a controlling Interest In any other real property; (3) The household's gross annual Income shall, at the time of application, be between sixty (60) percent and ninety (90) percent of area median Income, adjusted for household size; and (4) The net worth of the household shall not exceed fifty (50) percent of the total of rent payments for a period of twelve (12) months. The following items shall not be Included In determining the net worth of a household: a. The present value of Insurance policies, retirement plans, furniture or household goods; and b. Any income-producing assets needed as a source of Income to meet the minimum qualifying requirements for eligible renter status. (b) Before a household may enter Into a rental agreement for a workforce hOUSing unit, the property owner or manager of the unit shall verify that such household meets the foregOing eligibility requirements. All property owners or managers of workforce hOUSing units for rent shall maintain a list of households it has screened and determined to be eligible renters. (c) Property owners or managers shall also maintain documentation on each household currently occuPYing a workforce hOUSing unit for rent. At a minimUm, such documentation shall Include: 14 615 (1) Verification of residency or work requirements for eligibility 616 purposes; 617 618 (2) Composition of the household; and 619 620 (3) Annual gross Income for the household and each of the household 621 members whose Income IS Included In determining eligibility 622 623 (d) Property owners or managers shall ensure that all persons liVing In a 624 workforce housllng rental unit are listed on the rental agreement. It shall be a condition 625 of the rental agreement for any such unit that the city may Inspect the records of the 626 property owner or manager to ensure compliance with eligibility requirements and may, 627 at reasonable times, enter any workforce housing rental unit to verify that it IS occupied 628 by an eligible renter 629 630 (e) Property owners or managers shall, upon renewal of a rental agreement, 631 but no less often than annually, verify that the occupants of a workforce housing unit for 632 rent continue to meet applicable eligibility standards. 633 634 (f) If a property owner or manager determines that a household occuPYing a 635 workforce housing unit for rent no longer meets applicable eligibility reqUirements, such 636 property owner or manager shall: 637 638 (1) ReqUire the household to vacate the unit upon the expiration of the 639 current rental agreement; or 640 641 (2) Allow the household to continue to occupy the unit upon expiration 642 of the current rental agreement at the market-based rental price and 643 make the next comparable market-based rental unit available to an 644 eligible renter at a rental price deemed affordable under the 645 standards prescribed In thiS article. 646 647 The household shall be removed from the list of eligible renters and shall not 648 thereafter be eligible to rent a workforce hOUSing unit for such period of time as 649 applicable the household meets applicable eligibility requirements. 650 651 COMMENT 652 653 This section is shown for reference purposes only. 654 655 Sec. 16-52. Rental property compliance agreement. 656 657 (a) A property owner deSIring to rent property under the workforce hOUSing 658 program shall Emter Into a compliance agreement with the city The terms of such 659 agreement shall be prescribed by the city and shall set forth the terms and conditions of 660 the owner's participation In the workforce hOUSing program, Including, but not limited to, 15 Ii! 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 occupancy and rent requirements, Including maximum rents, means of preserving the long-term affordability of workforce housing rental units, and such other terms and conditions as are, In the Judgment of the director, reasonable and necessary to ensure compliance with applicable provIsions of this article and the goals of the workforce housing program. All workforce housing rental units shall be rented In conformity with the Income and rent limitations specified In the compliance agreement for a penod of not less than fifty (50) years. (b) Property owners or managers shall, upon request of the director, provide a copy of their most current tenant selection policy or critena. (c) Any matenal failure to comply with the terms of an compliance agreement shall subject the owner to a liqUidated damages penalty In the amount of fifty dollars ($50.00) per unit for each day such noncompliance continues, unless the director waives such penalty, In whole or In part, based upon hIs determination that the owner has taken timely corrective action to cure such noncompliance. LiqUidated damages collected by the city shall be deposited Into the second mortg3ge workforce houslnQ revolving fund. COMMENT This amendment to this section is stylistic in nature and has no substantive effect. Sec. 16-53. Rental procedures. (a) Workforce housing units shall be rented only to households who meet the eligibility standards set forth In section 16-51 (b) A developer building workforce housing units for rental purposes shall notify the director no later than forty-five (45) days pnor to the units being ready for Initial occupancy In the notification the developer shall supply the follOWing Information: (1) The name of the development and its location; (2) Number of units by type of unit; (3) The sIze of units In square feet; (4) The number of bedrooms and bathrooms In each unit; (5) The market rental rates of each unit: (6) The actual rates at which such units will be rented as workforce housing units; and (7) Contact Information for Interested households. 16 707 708 In addition, the owner or manager of a workforce housing rental unit shall notify 709 the director within three (3) working days of such unit becoming available for rent. The 710 city shall malntalln on its web site a comprehensive listing of all properties with available 711 workforce housing units for rent. 712 713 (c) Any household deslnng to rent a workforce housing rental unit shall submit 714 to the property manager or manager an application for determination of its eligibility to 715 rent a workforce housing unit. Such application shall contain such Information 716 concerning the residency, employment, gross Income and net worth for each member of 717. the household as may be necessary to determine the eligibility of such household. The 718 property owner or his designee shall determine the eligibility of the household and shall 719 promptly notify the director of its determination. 720 721 (d) A household that meets all of the eligibility reqUirements set forth In 722 section 16-51 shall be deemed an eligible renter and shall be placed on a waiting list for 723 a workforce housing rental unit at the development at which the household has made 724 application for a rental unit. At such time as a workforce housing rental unit becomes 725 available at the development, the property owner or manager shall so notify the eligible 726 renters on its waiting list, if any The property owner or manager may review all tenant 727 applications and make tenant selections based on any lawful tenant selection policy 728 729 (e) The city shall make available to the general public Information concerning 730 the location of workforce housing rental units and such other Information as may assist 731 prospective renters In seeking available workforce housing rental units. 732 733 COMMENT 734 735 This section is shown for reference purposes only. 736 737 DIVISION 4. ADDITIONAL PROVISIONS 738 739 Sec. 16-54. WClrkforce housing advisory board established; membership; duties. 740 741 (a) Established. The workforce housing advIsory board IS hereby 742 established. 743 744 (b) Term. There shall be at least ten (10) members of the board, who shall be 745 appointed by the city council for terms of four (4) years; provided, however, that the 746 Initial terms of two (2) members shall be one (1) year, the Initial terms of three (3) 747 members shall be two (2) years, and the Initial terms of three (3) members shall be 748 three (3) years. 749 750 (c) ME~mbershlp. Two (2) members, both of whom shall have extensive 751 experience In practice In the City of Virginia Beach, shall be either land planners or Civil 752 engineers or architects licensed by the Virginia Board for Architects, ProfeSSional 17 I I 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 Engineers, Land Surveyors, Certified Intenor Designers and Landscape Architects; one (1) member shall be a real estate salesperson or broker licensed by the Virginia Real Estate Board; one (1) member shall be a representative of a lending Institution that finances reSidential development In the City of Virginia Beach; one (1) member shall be a member of the city council; one (1) member shall be a builder with extensive expenence In the construction of single-family detached and attached dwelling units; one (1) member shall be builder with extensive expenence In the construction of multiple-family dwelling units; one (1) member shall be a current employee of the department of public works or department of planning; one (1) member shall be a representative of a nonprofit hOUSing organization which provides services In the City of Virginia Beach; and the remaining members shall be citizens of the city (d) Duties. It shall be the duty of the board to: (1) Make recommendations to the city council concerning the sales and rental pnces of workforce hOUSing units. Such pnces shall be based on the area median Income, as defined In section 16-44, and shall be adjusted semi-annually; (2) AdVise the city council on all aspects of the city's workforce hOUSing program, Including recommendations for modifications of the requirements of the program; and (3) Report annually to the city council on the production of workforce hOUSing units, participation In the workforce hOUSing program, and achievement of program goals. COMMENT This section is shown for reference purposes only. Sec. 16-55. Director ami designated agent to establish written rules and guidelines; legal instruments. (a) The director and deSignated agent of the city shall establish written rules and gUIdelines supplementing, and In conformity with, the provISions of thiS article. Such rules and gUidelines shall prOVide for, among other things, allocation of responsibilities, shanng of Information, coordination of activities and procedural protocols for admlnlstenng the workforce hOUSing program. Such rules and gUidelines shall be subject to the approval of the city council. (b) Arty All legal Instrument~ used In connection with the purchase, sale or rental of a workforce hOUSing unit shall contain adequate prOVISions to ensure the eligible buyer's or eligible renter's compliance with the applicable proVISions of thiS article. Such proVISions shall be approved by the city attorney 18 799 COMMENT 800 801 The amendments to subsection (a) delete a reference to the "designated agent" or the City, 802 as the Department of Housing and Neighborhood Preservation will administer the program 803 directly. The amendments to subsection (b) are stylistic only. 804 805 Sec. 16-56. Violations. 806 807 (a) The follOWing tables list certain violations of the Workforce Housing 808 ("WFH") Program requirements and the penalties for their violation. Where more than 809 one penalty IS prescribed, they shall be deemed cumulative, such that any or all 810 applicable penalties may be Imposed: 811 812 Table 1 (sale/ownership of workforce housing units): 813 814 Program Violation Penalties Falsification of eliglibility requirements Permanent Ineliaibilitv for the WFH Proaram. Must sell WFH unit to the citv Immediate payment of the city's share of net appreciation on the WFH unit at resale. Immediate repayment of the 89ft second mortQage. Failure to occupy WFH unit as primary Immediately reoccupy WFH Unit. reSidence or to proVide the certification If unable to reoccupy unit, the follOWing reaUlred bv Section 16-46,1(b) penalties apply' 1 Permanent Ineligibility for the WFH Program. 2. Owner must sell WFH Unit to the city 3. Immediate payment of the city's share of net appreciation on the WFH unit at resale. 4, Immediate repayment of the 89ft second mortQage. Failure to comply with all city Immediate correction of code violation. regulations for property maintenance If unable to correct code violations In prescribed time period, the follOWing penalties apply' 1 Permanent loss of eligibility for the WFH Program. 2. Must sell WFH unit to the city 3. Immediate payment of the city's share of net appreciation on the WFH unit at resale. 4. Immediate repayment of 89ft second mortaaQe, Failure to comply with refinancing and Permanent Ineliaibilitv for the WFH ProQram. home equity loan requirements of WFH Owner must sell WFH unit to the city 19 I I I End-user enters Into a lease-to- purchase agreement for the WFH unit Immediate payment of the city's share of net ap reclation on the WFH unit at resale. Immediate repa ment of 69ft second mort a e. Immediate payment of the city's share of net a preclation on the WFH unit at resale, Immediate re a ment of 69ft second mort a e. Further legal action as deemed appropnate by the cit Owner must sell WFH unit to the cit Immediate payment of the city's share of net a reclation on the WFH unit at resale. Immediate repa ment of 69ft second mort a e. Program Failure to offer the city first nght to purchase when deslnng to sell WFH unit 815 816 817 .Table 2 (rentals of workforce housing units): 818 819 Program Violation Penalties Falsification of eligibility reqUirements Permanent loss of eligibility for the WFH such as Income, residency, employment ProQram. or persons who will be occuPYing the Must move from the units within 60 days from unit, etc. date of written notice of being In violation of prOQram Must pay market rate rent on the unit until the unit IS vacated Failure to occupy WFH Unit as pnmary Immediatelv reoccupy WFH Unit. resIdence If unable to reoccupy unit, the follOWing penalties applv' 1 Permanent loss of eligibility for the WFH ProQram, 2. Must move from the unit within 60 days. 3. ReqUired to pay market rate rent on unit after receiving notice of violation until unit IS vacated Failure to list all persons liVing In the 1 Permanent loss of eligibility for the WFH household on lease; allOWing person or Proaram. persons not listed on lease to move In after lease IS signed 2. Must move from the WFH Unit 820 (b) In the event the director determines that there IS reasonable cause to 821 believe that a violation has occurred, he shall so notify the eligible buyer or eligible 822 renter who has allegedly committed the violation. Such notice shall be by certified mail 823 to the last know address of the eligible buyer or eligible renter and shall specify the 824 nature of the alleged violation and the facts supporting the director's determination. The 825 eligible buyer or renter shall have ten (10) days from the date of mailing of the notice In 826 which to request a hearing before the city manager or hiS deSignee, who shall not be 827 the director 828 20 829 (c) The city manager or his designee shall hold the heanng on the earliest 830 practicable date but In no event later than fifteen (15) days from the date the request for 831 a heanng IS received. Both the director and the alleged violator shall be entitled to 832 present witnesses and other eVidence In hiS or her behalf. 833 834 (d) Tile city manager or hiS deSignee shall Issue a written decIsion within five 835 (5) working days of the heanng, and shall mail such decIsion to the eligible buyer or 836 eligible renter by certified mail no later then the following working day Such decIsion 837 shall contain a finding that the eligible buyer or eligible renter has committed the alleged 838 violations, or any of them, or that no violations have been committed. In the event he 839 finds that one of more of the alleged violations have been committed by the eligible 840 buyer or eligiblE~ renter, the penalty or penalties prescribed In the chart In subsection (a) 841 shall apply 842 843 (e) An adverse deCISion may be appealed to the Circuit court by an eligible 844 buyer or eligible renter within fifteen (15) days of the date of the decIsion. No such 845 appeal shall stay the Imposition of any penalty except by order of the Circuit court In an 846 appropnate case. 847 848 COMMENT 849 850 The amendments include failure to certify compliance with the occupancy requirements of 851 the ordinance as a violation subject to penalties. The other amendments conform the language in 852 the tables to the r,emainder of the ordinance by deleting references to the "soft" second mortgage. 853 854 Sec. 16-57. Aplplication, etc. fees. 855 856 The city shall charge a reasonable application fee and such other ordinary and 857 customary fees In the real estate Industry as are reasonable and necessary to cover the 858 costs of the service for which the fee IS charged. The amount of such fees shall be 859 determined by the city council upon recommendation of the workforce hOUSing adVISory 860 board. 861 862 COMMENT 863 864 This section is shown for reference purposes only. 865 866 Sec. 16-58. Severability. 867 868 The provISions of thiS article are severable, and In the event one or more such 869 provIsions are determined Invalid or unenforceable by a court of competent Junsdiction, 870 the remaining provISions of thiS article shall be unaffected by such determination and 871 shall continue In full force and effect. 872 21 I I I 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 COMMENT This section is shown for reference purposes only. Adopted by the City Council of the City of Virginia Beach, Virginia, on the _ day of , 2008. Appro ed as to Content: I CA-10869 October 2,2008 R-3 Approved as to Legal Sufficlen . City Attorney's Office 22 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ESTABLISH A WORKFORCE HOUSING REVOLVING SPECIAL REVENUE FUND BE IT ORDAINED BY THE COUNCil OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the Workforce Housing Revolving Special Revenue Fund IS hereby established In the FY 2008-09 Department of Housing and Neighborhood Preservation Operating Budget to Increase affordable housing In the City 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 ~~~NI~ Ci~~iflJ ~ CA 10895 R-1 October 15, 2008 1 A RESOLUTION APPROVING PROGRAM 2 DOCUMENTS FOR THE WORKFORCE HOUSING 3 PROGRAM AND PROVIDING FOR THE EXECUTION 4 OF LEGAL INSTRUMENTS IN WORKFORCE 5 HOUSING TRANSACTIONS 6 7 WHEREAS, the City Council previously established the Workforce Housing 8 Program by adoption of Article 21 of the City ZOning Ordinance and Article VIII of 9 Chapter 16 of the City Code for the purposes of providing diverse, high-quality and 10 affordable housing In desirable neighborhoods and broadening housing 11 opportunities, increasing residents' access to nearby employment and providing a 12 better land use arrangement to accommodate alternative, cost-effective 13 transportation systems; and 14 15 WHEREAS, the City Attorney has prepared documents (the "Program 16 Documents") to be used In Implementing the Workforce Housing Program; and 17 18 WHEREAS, the Program Documents have been presented to and reviewed 19 by the City Council; 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA. 23 24 That the City Council hereby approves, for use In the Workforce Housing 25 Program, the Program Documents, subject to such amendments or alterations as 26 the City Manager and the City Attorney may, from time to time, deem necessary or 27 appropnate. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA. 31 32 That the City Manager IS hereby authonzed to execute, or to designate the 33 Director of the Department of Housing and Neighborhood Preservation to execute, 34 on behalf of the City, such legal Instruments used In connection with the purchase, 35 sale or rental of workforce housing as have been approved by the City Attorney 36 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2008. APPROVED AS TO CONTENT ~ , , APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office CA 10884 I October 3, 2008 I R-1 L. APPOINTMENTS BEACHES AND W A TERW A YS COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION PARKS AND RECREA nON COMMISSION REVIEW AND ALLOCATION COMMITTEE (COG) SOUTHEASTERN PUBLIC SERVICE AUTHORITY TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WORKFORCE HOUSING COMMITTEE (VBCDC) M. UNFINISHED BUSINESS I I N. NEW BUSINESS o ADJOURNMENT Citv Council Sessions for November and December 2008 November 4 November 11 November 18 November 25 December 2 December 9 Election Day - No Sessions Veteran's Day - No Sessions Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning Comprehensive Plan Open Houses October 23,2008 7:00 - 9:00 PM Bayslde Recreation Center DIstrIct #4 Bayslde DIstrIct #5 - Lynnhaven October 27, 2008 7:00 - 9:00 PM Cox High School DIstrIct #5 - Lynnhaven ********* If you are physically disabled or visually impaired and need assIstance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** 1O/28/08/st www.vbgov.com CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: October 14,2008 M B L D C E L E D H C R A W PAGE: I S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D I BRIEFING: A. RESORT AREA STRATEGIC PLAN Stephen Herbert. Deputy City Manager II1nUIV / V-E CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y SESSION F MINUTES October 7, 2008 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G-ADD Res to RECOGNIZE JT W ALK/ ADDED 11-0 Y Y Y Y Y Y Y Y Y Y Y ON OBSERVE 10/19/2008 as "JOSH THOMPSON DAY" H MAYOR'S PRESENTATION: JOSH THOMPSON DAY - 10/9/2008 I PUBLIC COMMENT. NO SPEAKERS WORKFORCE HOUSING ADVISORY BOARD J/K-I Res to AUTHORIZE ISSuance of Bonds to ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y be sold to VirglDla Public School BY CONSENT Authority [Deferred October 7] 2 Ord to AMEND ~ 2-20 of City Code re ADOPTED. 11-0 Y Y Y Y Y Y Y Y Y Y Y tIme/place of regular City Council meetings BY CONSENT 3 Ord to ESTABLISH CIP project! ADOPTED. 11-0 Y Y Y Y Y Y Y Y Y Y Y TRANSFER funds re Town Center BY CONSENT PedestrIan Safety Improvements 4a Ord to ACCEPT/APPROPRIATE ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y V irgmla Settlement Foundation grant to BY CONSENT ParksIRec FY 2008-09 Operating Budget re prevention of tobacco use by underage persons CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: October 14.2008 M B L D C E L E 0 H C R A W PAGE: 2 S I E J L N U N I T E 0 N 0 A 0 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 4b Ord to ACCEPT/APPROPRIATE US ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y Department of Justice grant to Police! BY CONSENT SherifflDomestic Relations Court re public safety/cnmmal processmg 5 Ord to APPROPRIATE funds re mterest- ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y free loan to Kempsvilk Volunteer Rescue BY CONSENT Squad for a replacement ambulance [Deferred October 7] ADD ON Res to RECOGNIZE IT W ALKI ADOPTED. 11-0 Y Y Y Y Y Y Y Y Y Y Y OBSERVE 10/19/2008 as "JOSH BY CONSENT THOMPSON DAY" L-I Ord to AUTHORIZE 6 month extensIOn APPROVED. 11-0 Y Y Y Y Y Y Y Y Y Y Y to satisfy conditions m c10smg Grlmstead BY CONSENT Road. south of Back Bay Landing Rd for Joseph W. Freeman, .Jr. DISTRICT 7 - PRINCESS ANNE 2a Vanance to SubdiVISion Ord. of CZO for APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CMSS ARCHITECTS, PC. re smgle- CONDITIONED. family reSidences at 4949 Lookout Rd BY CONSENT DISTRICT 4 - BA YSmE 2b Vanance to SubdiVIsion Ord. of CZO for APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y TONYIHELEN FLEMING re eXlstmg CONDITIONED, smgle-family reSidence at 3373 Head River BY CONSENT Rd DISTRICT 7 - PRINCESS ANNE 4 BRENDA BRIGGS l'ia KINGDOM APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y KIDS DA YCARE QJP re daycare CONDITIONED. facility at 700 Sullivan eir BY CONSENT DISTRICT 4 - BA YSUJE 5 NEW CINGULAR WIRELESS, tla APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y AT&T CUP / MODIFICATION of CONDITIONED/ Timberlake Land Use Plan re communication tower [approved on May MODIFIED, 24. 1994] at 4293 Holland Rd BY CONSENT DISTRICT 2 - KEMPSVILLE 6 1250 CENTERVILLK, L.L.C., at 2120 DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y CenterviIle Tmpk: INDEFINITELY. DISTRICT I - CENTERVILLE BY CONSENT a, CoZ from B-2 to Condittonal A-24 re townhouse-,tyle multi- family dwelling unitS b, CUP re fuel sales/convemence store CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: October 14,2008 M B L D C E L E D H C R A W PAGE: 3 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D M. BOARD OF BUILDING CODE APPEALS Thomas H. Atherton. III REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Ruth W Bell Two year term C. Gregory Johnson 01/01/2009 - JimmIe A. Koch 12131/2010 Morton H. Savell Gary Smith - Master ElectrICIan Michael G. Swmdell- Master ElectrICIan James S. Witcher - Master ElectriCian William M. Davenport - Surveyor Chns Ettel- General Contractor Richard C. Hudson. III Mark Ricketts - LIcensed Engmeer Kenneth Rodman. Jr. - Prof Engmeer Rick Savmo Robert L. Yoder - Licensed ArchItect TraVIS ChIck Richard S. Corner - LIcensed Architect Donald D. Jones. Sr. - Master Plumber Peter C. Striffler - LIcensed Engmeer James D. Wells - Building Contractor CHESAPEAKE BAY PRESERVATION AREA BOARD Brad Martin APPOINTED Three year term 11-0 Y Y Y Y Y Y Y Y Y Y Y 01/01/2009 - 12131/2011 Jeanne S. Evans REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y y y Wayne Douglas McCoy Three year term Stephen McNulty 01/0112009 - Paul R. Schnudt 12131/2011 Joseph 1. Thomas COMMUNITY POLICY and MANAGEMENT TEAM - CSA MarIanne Dyson - Parent REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Two year term 01/0 1/2009 - 12131/20 I 0 COMMUNITY SERVICES BOARD - CSB Mary A. Almaguer - Family REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Jennifer S, Anders - Family Three year term Debra Dear 01/01/2009 - Irvm W Kmght, Sr. 12131/2011 Melva E. Martin Donna Moms CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: October 14,2008 M B L D C E L E D H C R A W PAGE: 4 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D EASTERN VIRGINIA HEALTH SERVICES AGENCY Dr. MirIam M. Villascl:ca REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Four year term 01/01/2009 - 12/31/20 I 2 HISTORIC REVIEW BOARD Sheila Pnce Bralthwait,~ APPOINTED Two year term 11-0 Y Y Y Y Y Y Y Y Y Y Y 11/0112009 - 10/31/2011 MaIJone B. Smallie REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Two year term 11/0112009 - 10/3112011 MINORITY BUSINESS COUNCIL Ferdie Perez APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Unexpired term thru 05/31/2009 plus th ree yea rs 06/01/2008- 05/31/2010 RESORT ADVISORY COMMISSION - RAC Bill Blue REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Thomas Brown Three year term Joshua Thompson 01/0112009 - 12/3112011 William Almond REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y John F MallKm One year term 01/01/2009- 12/3I/2009 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORA nON - VBCDC Gregory M. Dragas REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Carol N. Harr Four year term 01/01/2009 - 12/31/2012 CITY OF VIRGINIA BEACH SUMMARYOFCOUNCUACrrONS V 0 .1 DATE: October 14.2008 M B L D C E L E D H C R A W PAGE: 5 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 VIRGINIA BEACH TOWING ADVISORY BOARD loUIe Ochave - Citizen REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Three year term 06/0 1/2008 - 05/31/20 I I APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S HISTORIC PRESERVATION COMMISSION PARKS and RECREATION COMMISSION REVIEW AND ALLOCATION COMMITIEE - COG SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA TIDEWATER REGIONAL GROUP HOME COMMISSION WORKFORCE HOUSING ADVISORY COMMITIEE N/OIP ADJOURNMENT 6:45 PM City 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 October 16, 2008 AssociatIon for Research & DistrIct #5 - Lynnhaven 7:00 - 9:00 PM Enlightenment DistrIct #6 - Beach October 20, 2008 PrIncess Anne High School DistrIct #4 Bayslde 7:00 - 9:00 PM DistrIct #5 - Lynnhaven CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: October 14. ZOO8 M B L D C E L E D H C R A W PAGE: 6 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 October 23,2008 BaysIde RecreatIOn Center DIstnct #4 BaysIde 7:00 - 9:00 PM Distnct #5 - Lynnhaven October 27, 2008 Cox High School DIstnct #5 - Lynnhaven 7:00 - 9:00 PM