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MAY 11, 2010 AGENDACITY COUNCIL MAYOR WILLIAMD. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 RITA SWEET BELLITTO, At -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District I BARBARA M HENLEY, Princess Anne — District 7 JOHN E. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER — JAMES K. SPORE CITY ATTORNEY — MARK D. STILES CITY ASSESSOR — JERALD BANAGAN CITY AUDITOR - LYNDONS. REMIAS CITY CLERK — R UTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 11 May 2010 I. CITY MANAGER'S BRIEFING: -Conference Room - A. ENVIRONMENTAL STEWARDSHIP AWARDS Barry Frankenfield, SGA Administrator II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com 3:30 PM 4:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tommy Taylor Pastor, Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION RESOLUTION IN RECOGNITION Mary Russo — 40 Years of Service I. PUBLIC HEARINGS 1. FY 2010-2011 RESOURCE MANAGEMENT PLAN FY2010-2011 Operating and Capital Budgets 2. OPEN AIR CAFE LEASE 204 Grill Pizza — 204 22nd Street J. CONSENT AGENDA April 27, 2010 K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND §2-4 of the City Code re Worker's Compensation for Volunteer public safety in Police, Fire and Rescue 2. Resolution in RECOGNITION of 40 years of service by Mary Russo 3. Ordinances/Resolutions re: FY 2010-11 RESOURCE MANAGEMENT PLAN a. FY 2010-11 Operating Budget: 1) APPROPRIATE for the Fiscal Year, beginning July 1, 2010 and ending June 30, 2011, $1,687,650,881 for Operations and $553,156,869 in Interfund Transfers regulating the payment of money out of the City Treasury, as amended 2) ESTABLISH the tax levy of 89 cents per $100 assessed evaluation on real estate for FY 2011 3) ESTABLISH the tax levy of $3.70 per $100 assessed evaluation on personal property and machinery and tools for the Calendar Year 2011 4) AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) 5) DECLARE $8,000,000 within the Sandbridge Tax Increment Financing District (TIF) as surplus in the FY 2009-10 Operating Budget 6) AMEND the City Code re Cigarette Tax to increase the tax amount 7) AMEND the City Code re minimum Service Availability charges and Water Usage renewals 8) AMEND the City Code re Dealer and Pawnbroker permit applications and renewals 9) AMEND the City Code re Precious Metals permits 10) AMEND the City Code re Taxicab inspections, driver's permit applications and permit renewals 11) IMPLEMENT a two-year Moratorium on dedicated funding to Open Space Land acquisitions 12) INCREASE the Resident Discount fee at certain Resort lots and City garages 13) APPLY for Community Development Block Grant (CDBG) Section 108 loan funds from U.S. Department of Housing and Urban Development (HUD) 14) AMEND the City Code re fees for the impoundment of animals 15) TEMPORARILY SUSPEND adoption of the City's Budget through an annual rather than biennial process 16) AMEND the City Code re exemption or deferral of Real Estate Taxes for the Elderly or Disabled Persons by increasing net worth limit 17) ADD §35-41 to the City Code re classifying "energy efficient" buildings 18) AFFIRM Resolution No. 3347 re employee contributions to the Virginia Retirement System (VRS) after July 1, 2010 b. FY 2010-11 Capital Budget: 1) AUTHORIZE FY-2011/FY-2016 Capital Improvement Program (CIP); and, APPROPRIATE $201,656,037 for the FY 2011 Capital Budget, subject to funds being provided from various sources set forth therein 2) AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $68,180,000 for various public facilities and general improvements 3) AMEND the City Code re Sanitary Sewer Service charges, effective July 1, 2011, 2012, 2013 and 2014 4. Ordinance to AUTHORIZE the City Manager to execute a Second Amendment to the March 26, 2003, Purchase Agreement with LifeNet to extend the purchase price option to December 10, 2010 5. Ordinance to AUTHORIZE the City Manager to ACCEPT bids for the lease of City property at 1900 Sandbridge Road (Red Mill Farm Park) re telecommunications facilities 6. Ordinance to AUTHORIZE the City Manager to GRANT a Franchise Agreement to Bounce House, LLC to operate a waterslide on the sandy beach adjacent to the 24d` Street Stage 7. Ordinance to AUTHORIZE the City Manager to GRANT a Franchise Agreement for an Open Air Cafe for Majd and Bouhzam, LTD t/a 204 Grill Cafe at 204 22"d Street 8. Ordinance to AUTHORIZE acquisition of the public right-of-way at 3107 Bray Road from KATHRYN N. BYLER in order to remove a hazardous tree 9. Ordinance to DESIGNATE The Organization Against Injustice and Social Malpractice (TOAISM) as EXEMPT from local Personal Property Taxation 10. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned rights- of-way for JOHN R., JR. and DENIZ MURRAY to construct a pier and maintain an existing riprap at 4209 Battery Road (DISTRICT 4 — BAYSIDE) 11. Ordinance to ACCEPT and APPROPRIATE $44,250 in grant funds from the Department of Homeland Security and $14,750 in a local match from the 2008 Port Security Grant Program to the FY 2009-10 Fire Budget re equipment and training for the Marine Team L. PLANNING Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for DRESCHER DEVELOPMENT/GEORGE M. DAVIS, III, re lot width at Prosperity Road and Park Place Drive (DISTRICT 6 — BEACH) RECOMMENDATION APPROVAL 2. Application of STUDIO EVOLVE, LLC/MT. TRASHMORE OFFICE for a Conditional_ Use Permit re a tattoo studio at 512 South Independence Boulevard, Suites 200-202 (DISTRICT 3 — ROSE HALL) RECOMMENDATION APPROVAL 3. Application of GREATER HOPE OF DELIVERANCE MINISTRIES/PHUONG NHON NGUYEN for a Conditional Use Permit re religious use at 3692 South Plaza Trail No.2 (DISTRICT 3 — ROSE HALL) RECOMMENDATION APPROVAL 4. Application of INTERNET MARKETING TRAINING CENTER, INC./DAVID BYLER for a Conditional Use Permit re a Vocational School at 512 South Independence Boulevard (DISTRICT 3 — ROSE HALL) RECOMMENDATION APPROVAL 5. Application of REGENT UNIVERSITY for a Conditional Use Permit re religious uses at 1000 Regent University Drive (DISTRICT 1 — CENTERVILLE) RECOMMENDATION APPROVAL 6. Application of BRIDGEWAY COMMUNITY CHURCHBLANFORD PARTNERSHIP for a Conditional Use Permit re religious uses at 752-758 Independence Boulevard (DISTRICT 4 — BAYSIDE) RECOMMENDATION APPROVAL 7. Application of BELIEVER'S HOUSE WORLD WIDE MINISTRIES/NEWTOWN SQUARE ASSOCIATES, LLC for a Conditional Use Permit re religious use at 544 - Newtown Road, Suite 118 (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL 8. Application of CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-40 Residential District to P-1 Preservation District at 4337 Country Club Circle (Thoroughgood House) (DISTRICT 4 — BAYSIDE) RECOMMENDATION APPROVAL 9. Ordinance to AMEND the Comprehensive Plan re Parkway Typical Sections, Primary Roadway Network Plan Map and the ADOPTION of the Major Street Network Ultimate Rights -of -Way RECOMMENDATION M. APPOINTMENTS MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 5/11/10st www.vbgov.com APPROVAL CITY MANAGER'S BRIEFING: -Conference Room- 3:30 PM A. ENVIRONMENTAL STEWARDSHIP AWARDS Barry Frankenfield, SGA Administrator II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM 11 A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tommy Taylor Pastor, Retired 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 April 27, 2010 G. FORMAL SESSION AGENDA UU `a r o � i qR bV r s T OF OI/R NPY�ON CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. MAYOR'S PRESENTATION RESOLUTION IN RECOGNITION Mary Russo — 40 Years of Service arsolittiatt ` NM AS: Mary Russo has been a dedicated, tireless Volunteer, serving the City of Virginia (death for over 'Forty years. In 1974, Mary Russo began her "volunteer" service as an appointee by Governors 7folton and Godwin to serve on the Virginia Drug Abuse Advisory Council which she didfor three years. At the same time, Virginia Beach City CounciCappointed Mary to the (United Drug Abuse Councdand&gionaf (Planning Organization for (Drug A6use Services where she served as the Chair through 1977. She served as a Member of the Virginia Beach Community Services Board 1972-78 and as Chair 1976-78; TVil�PEAS: In 1978, Mary became the first Coordinator of the Volunteer Council when she was appointed to the position 6y the City Council,• WXEUAS: Mary attetded(Dunbarton College of the Ooly Cross in Washington, D. C., Parson's SchoolofDesign and graduated from Virginia Commonwealth College in 1948. She has trained in CT. Volgistics, Volunteer 'Works, (Disaster (Preparedness, Reality Therapy, Crisis Intervention, Drug (Focus, Grantmanshtp (Funding, as well as Long Term Care. She has been honored by numerous appointments to various national, state and Local Boards and Commissions, Educational Committees, (United Way agencies, (luman Services agencies, Virginia (Federation of Women's Clubs, ,justice foryuvenifes and marry others. U�&REAS: She was named "(First Citizen of Virginia Beach" in 1970, C -C Cable's "Great Citizen of Tidewater" in 1985, Rotary International's "(Pau(7farris (Fellow" in 1997 and "Community Servant of the Tear" by the American Legion rDepaitment of Virginia Beacft ,(Post 110 in 2002 and the 2009 Freedoms (Foundation At VaChy Forge Certificate of `Merit for AationalArvards Trogram Aduft Community Category among many, many other awards, UMX UAS: Mary left her position for a while, but when volunteerism suffered as a result, she was encouraged to comeback Througfr her vision, originaCconcepts, foresight, untiring efforts, dedication and tireless energy, the Volunteer Council has thrived andgrown to more than thirty departments, over 18,000 Volunteers who have recorded over 1.3 -Million hours valued at over $18.5 -Million - -equivalent to three Volunteers for every paid position; and, 4VXER.EAS: Mary met the challenge in a personal request from Mayor Tsumura, (our Sister City of Miyazaki; ,japan) to train fru departmental staff and citizens alike in the true meaning and concept of "VaCunteerism ". (For three years, various representatives of Miyazaki, City came to Virginia Beach to train and learn the meaning of giving of oneself to enrich the lives of many others. j,VM, 0ETaTORE, BE IT I(ESOLVErD: That the Virginia Beach: City Council, andevery citizen, recognize Mary (R,usso's (Forty years of dedicatedservice andher untiring efforts to make Virginia Beach a "communityfora lifetime". Given under our hands andseals this 111fi day, of May, 2010: CounciCLady Rita Sweet BeCCitto CouncilmanU41lram12 Bift'(DeSteph Councilman R ibert M. "Bob "(Dyer Vice Mayor Louis R: ,Jones CounciCLady (ilosemary `*fjon Councilman gGenn R. Davis Councilman Oarry Diezel Councif Lady Barbara 7fenfey Councifman John E. Vhrin Councilman James L. Wood Mayor`f"tam D. "`Wil("Sessoms, Jr. I. PUBLIC HEARINGS 1. FY 2010-2011 RESOURCE MANAGEMENT PLAN FY2010-2011 Operating and Capital Budgets 2. OPEN AIR CAFE LEASE 204 Grill Pizza — 204 22nd Street NOTICE OF PUBLIC HEARING Thursday, April 22, 2010 — 6:00 P.M. — Tallwood High School 1668 Kempsville Road, Virginia Beach, Virginia Pursuant to Section 5.07 of the City Charter and Section 2-197 of the City Code, the Council of the City of Virginia Beach, Virginia will hold a Public Hearing at the time and place noted above, on the City Manager's Proposed Operating Budget for the fiscal year beginning July 1, 2010 and ending June 30, 2011 and on the Capital Improvement Program, including the fiscal year 2010-11 Capital Budget A brief synopsis follows; PROPOSED FISCAL YEAR 2010-11 OPERATING BUDGET Summary of Exrlentfftures Guttural & Recreational Opportunities Miscellaneous Revenue Quality Education and Lifelong Leaming Other Local Taxes 253,023,768 Museums $ 9,452,107 -Education $769,237,473 Parks and Recreation 40,921,813 - Library 15,583,397 Economic Vitality Reserves Quality Organization Charges for Services 196,971,601 Agriculture 939,127 City Attorney 3,560,843 Convention & Visitor Bureau 17,875,566 City Auditor 577,486 Economic Development 4,102,608 City Clerk 542,324 Housing and Neighborhood Preservation 23,916,890 - City Manager 2,690,963 Family & Youth Opportunities City Real Estate Assessor 2,826,366 Health 3,041,377 City Treasurer 4,349,408 Human Services 111,868,678 - Commissioner of the Revenue 3,430,713 Quality Physical Environment Communications and Information Technology 21,690,104 Planning 13,378,331 - Finance 4,691,216 Public Utilities 91,222,547 General Registrar 1,124,916 Public Works 111,717,951 - Human Resources 4,158,029 Safe Community Management Services 1,448,304 Commonwealth's Attorney 7,647,077 - Municipal Council 553,348 Courts and Court Support 6,428,784 - Non -Departmental 40,011,580 Emergency Communications and Citizen Services 9,195,864 Other Emergency Medical Services 7,403,251 Debt Service 132,050,372 Fire 42,947,098 - Pay -As -You -Go Capital Projects 44,479,571 Police 85,507,896 Reserve for Contingencies 2,041,389 Sheriff and Corrections 36,443,644 Reserve for Future Commitments 8,761,274 TOTAL EXPENDITURES $1,687,819,685 mmary of Revenues General Property Taxes $609,027,545 5ngf 13_ oct` ij_ Miscellaneous Revenue 16,424,724 Other Local Taxes 253,023,768 From the Commonwealth 421,063,694 Permits, Privilege Fees, and Regulatory Licenses 4,699,896 From the Federal Government 128,680,981 Fines and Forfeitures 8,219,750 Non -Revenue Receipts 2,431,550 Use of Money and Property 10,783,936 Reserves 36,492,240 Charges for Services 196,971,601 TOTAL REVENUES $1,687,819,685 PROPOSED FISCAL YEAR 2010-11 CAPITAL BUDGET , P "matesjtmlftdpa of FMdi _U"Od Project Class Capital Budget FY 2010-11 Type of Financing Capital Budget FY 2010.11 Schools $35,016,800 Pay -As -You -Go* $44,479,571 Roadways 48,377,725 General Fund Undesignated Fund Balance 9,142,224 Buildings 13,774,748 other Fund Balance/Retained Earnings 22,665,187 Parks and Recreation 8,931,858 State 10,481,450 Utilities 33,626,574 Federal 6,308,000 Com 6,355,842 Bonds/Lease Purchases 68,014,722 Economic and Tourism Development 19,798,556 Other 9,426,325 Communications and Information Technology 4,635,376 Total Financing - All Sources $170,517,479 Total Capital Improvement Program $170,517,479 flack' s Was-10-Oo financing supported namues in the Opem" Budget that are dedicated anUa State nwenue that is transferred to tlx: CSP. In addition to the Public Hearing on April 22, 2010, a second Hearing will be held on Tuesday, April 27, 2010, at 6:00 p.m, in the City Council Chamber on the second floor of the City Hall Building (Building#1), 2401 Courthouse Drive, Virginia Beach, Virginia. The Proposed Operating Budget; and Proposed Capital Improvement Program/Capital Budget documents are available at the Central Library and all branch libraries during scheduled hours of operation. Copies are also available for examination at the City Manager's Office, the City Cleric's Office, and the Department of Management Services, in the City Hall Building, Municipal Center, between 8:00 am. and 5.00 p.m., Monday through Friday. These documents can be viewed on the City's web page located at www vbgovcom. AU Hearings are open to the public and all interested citizens will have an opportunity to be heard. To provide an opportunity far all citizens to be heard,speakers are asked to make oral comments within three minutes or such other reasonable time limit as shall be determined by City Council. individuals desiring to provide written comments may do so by contacting the City Clerk's office at 3854303 or by registering with the City Clerk's office on the second floor of the City Hall Budding prim to the Hearing. If you are physically disabled or visually impaired and need assistance at this meeting, please call 3854303; hearing impaired, call TDD - 711. Ruth Hodges Fraser, MMC City Cleric PUBLIC NOTICE NOTICE OF REAL ESTATE TAX RATE CHANGES On Thursday, April 22, 2010, at 6:00 p.m. at Tallwood High School, 1668 Kempsville Road, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing concerning a proposed ordinance establishing the tax levy on real estate for the fiscal year 2011, in accordance with Chapter 32 of Title 58.1 of the Code of Virginia. A second Hearing will be held on Tuesday, April 27, 2010, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia. The City Manager's proposed budget increases the real estate tax rate on all real estate from eighty-nine cents ($0.89) on each one hundred dollars ($100) of assessed valuation to ninety-two cents ($0.92) on each one hundred dollars ($100) of assessed valuation, effective July 1, 2010. The proposed budget provides options for City Council to increase the real estate tax rate an additional one and one-tenth cents ($0.011) per one hundred dollars ($100) of assessed valuation beyond the proposed rate of ninety-two cents ($0.92) per one hundred dollars ($100) of assessed valuation. This increase would provide seven - tenths of one cent ($0.007) per one hundred dollars ($100) of assessed valuation to support the construction and staffing of the Williams Farm Community Recreation Center and an additional four -tenths of one cent ($0.004) per one hundred dollars ($100) of assessed valuation to support the construction and staffing of the Animal Care and Adoption Center to replace the current facility. If both projects are included, the real estate tax rate would be ninety- three and one-tenth cents ($0.931) per one hundred dollars ($100) of assessed valuation. Information concerning the documentation and justification for the proposed tax levy increase and the complete ordinance are available for examination by the public at the Central Library and all branch libraries during scheduled hours of operation. This information is also available at the City Manager's Office, the City Clerk's Office and the Department of Management Services, in the City Hall Building, Municipal Center, between 8:00 a.m. and 5:00 p.m., Monday through Friday. This information can be accessed on the City's web site located at www.vbgov.com. These Hearings are 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, TDD — 711. Ruth Hodges Fraser, MMC City Clerk PUBLIC NOTICE NOTICE OF PERSONAL PROPERTY TAX RATE CHANGES On Thursday, April 22, 2010, at 6:00 p.m. at Tallwood High School, 1668 Kempsville Road, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing concerning a proposed ordinance establishing the tax levy on personal property and machinery and tools for the calendar year 2011, in accordance with Chapter 35 of Title 58.1 of the Code of Virginia. A second Hearing will be held on Tuesday, April 27, 2010, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia. The personal property tax rate on (a) aircraft flight simulators; (b) antique motor vehicles; and (c) personal vehicles, is proposed to increase from the rate of three dollars and seventy cents ($3.70) per one hundred dollars ($100) of assessed valuation to the rate of three dollars and eighty cents ($3.80) per one hundred dollars ($100) of assessed valuation, effective January 1, 2011. The personal property tax rate on manufactured homes is proposed to increase from eighty-nine cents ($0.89) per one hundred dollars ($100) of assessed valuation to ninety-two cents ($0.92) per one hundred dollars ($100) of assessed valuation. If the City Council adopts a real estate tax rate at the maximum advertised rate of ninety-three and one-tenth cents ($0.931) per one hundred dollars ($100) of assessed valuation, the personal property rate on manufactured homes would be increased accordingly. Information concerning the documentation and justification for the proposed tax levy increase and the complete ordinance are available for examination by the public at the Central Library and all branch libraries during scheduled hours of operation. This information is also available at the City Managers Office, the City Clerk's Office and the Department of Management Services, in the City Hall Building, Municipal Center, between 8:00 a.m. and 5:00 p.m., Monday through. Friday. This information can be accessed on the City's web site located at www.vbgov.com. These Hearings are 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, TDD — 711. Ruth Hodges Fraser, MMC City Clerk, . PUBLIC NOTICE NOTICE OF CIGARETTE TAX LEVY CHANGES On Thursday, April 22, 2010, at 6:00 p.m. at Tallwood High School, 1668 Kempsville Road, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing concerning a proposed ordinance establishing the tax levy on cigarettes for the fiscal year 2011, in accordance with Section 35-207 of the Code of the City of Virginia Beach. A second Hearing will be held on Tuesday, April 27, 2010, at 6:00 p.m. in the City Council Chamber on the second tloor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia. The tax levy on all cigarettes is proposed to increase from 30.50 mills per cigarette sold to 32.50 mills per cigarette sold, effective July 1, 2010. Information concerning the documentation and justification for the proposed tax levy increase and the complete ordinance are available for examination by the public at the Central Library and all branch libraries during scheduled hours of operation. This information is also available at the City Manager's Office, the City Clerk's Office and the Department of Management Services, in the City Hall Building, Municipal Center, between 8:00 a.m. and 5:00 p.m., Monday through Friday. This information can be accessed on the City's web site located at www.vbgov.com. These Hearings are 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, TDD — 711. Ruth Hodges Fraser, MMC City Clerk PUBLIC NOTICE NOTICE OF FEE INCREASES SERVICE AVAILABILITY AND WATER USAGE RATES On Thursday, April 22, 2010, at 6:00 p.m. at Tallwood High. School, 1668 Kempsville Road, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing concerning a proposed ordinance amending Sections 37-46 and 37-47 of the City Code to increase the minimum service availability and water usage charges, as follows: Section 37-46 — Minimum service availability charges Meter Current Monthly Monthly Charge Size Charge Effective July 1, 2010 5/8 inch $4.10 $4.41 3/4 inch $5.25 $5.56 1 inch $7.60 $7.91 1 1/2 inch $13.25 $13.56 2 inch $20.10 $20.41 3 inch $36.00 $36.31 4 inch' $58.70 $59.01 6inch $116.00 $116.31 8 inch $184.00 $184.31 10 inch $264.00 $264.31 12 inch $491.00 $491.31 Fre Hydrant Meter $36.00 $36.31 . The proposed ordinance would also amend City Code Section 37-47 to increase the water usage rates (per one thousand gallons) from four dollars and ten cents ($4.10) per 1,000 gallons to four dollars and forty - cents ($4.41) per 1,000 gallons, effective July 1, 2010. The authority for the enactment of such fee increases is contained in Virginia Code Section 15.2-2143. A second Hearing will be held on Tuesday, April 27, 2010, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia. Information concerning the documentation and justification for the proposed rate increase and the complete ordinance are available for examination by the public at the Central Library and all branch libraries during scheduled hours of operation. This information is also available at the City Manager's Office, the City Clerk's Office and the Department of Management Services, in the City Hall Building, Municipal Center, between 8:00 a.m. and 5:00 p.m., Monday through Friday. This information can be accessed on the City's web site located at�,ww.vbgov.com. These Hearings are 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, TDD — 711. Ruth Hodges Fraser, MMC City Clerk On Thursday, April 22, 2010, at 6:00 p.m. at Tallwood High School, 1668 Kempsville Road, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing concerning proposed ordinances establishing fee changes for the fiscal year 2011, in accordance with the Code of the City of Virginia Beach. A second Hearing will be held on Tuesday, April 27, 2010, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia. The fee provided by City Code § 18-32, the initial and annual pawnbroker, junk dealer or secondhand dealer permit fee is proposed to increase from twenty-five dollars ($25.00) to one -hundred dollars ($100.00), effective July 1, 2010. The fee provided by City Code § 27-3, the precious metals permit is proposed to increase from two hundred dollars ($200.00) to three hundred dollars ($300.00), effective July 1, 2010. The fee provided by City Code §§ 36-138 and 36-147, the application fee and annual renewal for a taxicab driver's permit is proposed too increase from ten dollars ($10.00) to one hundred dollars ($100.00), effective July 1, 2010. The fee provided by City Code § 5-401, the adoption fee, is proposed to increase from twenty-five dollars ($25.00) to fifty dollars ($50.00) for dogs; from twenty dollars ($20.00) to forty dollars ($40.00) for cats; and an additional payment or deposit of one hundred dollars ($100.00) for dogs and forty dollars ($40.00) for cats to cover the cost of sterilization services. Information concerning the documentation and justification for the proposed fee increases and the complete ordinances are available for examination by the. public at the Central Library and all branch libraries during scheduled hours of operation. This information is also available at the City Manager's Office, the City Clerk's Office and the Department of Management Services, in the City Hall Building, Municipal Center, between 8:00 a.m. and 5:00 p.m., Monday through Friday. This information can be accessed on the City's web site located at www.vbgov.com. These Hearings are 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, TDD — 711. NOTICE OF PUBLIC HEARING Proposed Issuance of General obligation Bonds in the Estimated Maximum Amount of On Thursday, April 22, 2010, at 6:00 p.m. at Tallwood High School, 1668 Kempsville Road, Virginia Beach, Virginia, the Council of the City of Virginia Beach, Virginia, will hold a Public Hearing on the proposed issuance by the City of general obligation bonds in the estimated maximum amount of $68,180,000. The purpose of the bonds is to finance various public facility and improvement projects, including Schools, Roadways, Buildings, Economic and Tourism, and Parks and Recreation. A second Hearing will be held on Tuesday, April 27, 2010, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia. Interested citizens may appear at such time and place to present their views. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303, or by registering with the Clerk immediately prior to the Hearings. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call TDD — 711. Ruth Hodges Fraser, MMC City Clerk PUBLIC NOTICE NOTICE OF FEE INCREASE SANITARY SEWER RATE CHANGES On Thursday, April 22, 2010, at 6:00 p.m. at Tallwood High School, 1668 Kempsville Road, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing concerning a proposed ordinance amending Sections 28-26 of the City Code to increase the monthly sanitary sewer charges for property connected directly or indirectly to the City's public sewer system and to establish sanitary sewer fees, as follows: Residential Uses Monthly Monthly Monthly Monthly Current Charge Charge Chane Charge Monthly Effective Effective Effective Effective Charge 07/01/2011 07/01/2012 07/01/2013 07/01/2014 Single Family Detached Residence $19.54 $22.12 $24.86 $27.76 $30.81 First unit or trailer in structures with two (2) or 19.54 22.12 24.86 27.76 30.81 more family residential units with one (1) connection to the public sewer system and trailer parks Each additional unit or trailer 14.65 16.60 18.66 20.83 23.12 First room provided for occupancy at hotels 19.54 22.12 24.86 27.76 30.81 and motels Each additional room provided for occupancy 7.84 8.89 9.99 11.15 12.38 First Space provided at campgrounds 19.54 22.12 24.86 27.76 30.81 Each additional space 7.84 8.89 9.99 11.15 12.38 Per unit for structures with two (2) or more 19.54 22.12 24.86 27.76 30.81 family residential units, each of which is directly connected to the public sewer system Separately metered multi -unit structures 14.65 16.60 18.66 20.83 23.12 served by a privately -owned, on-site sewer collection system with a single connection point to the city's sewer system Non -Residential Uses Monthly Monthly Monthly Monthly Current Charge Charge Charge Charge Monthly Effective Effective Effective Effective Meter Size Charge 07/01/2011 07/01/2012 07/01/2013 07/01/2014 3/4 inch $19.61 $22.21 $24.97 $28.06 $31.15 finch 24.76 28.04 31.52 35.43 39.32 11/2 inch 49.02 55.52 62.40 70.14 77.84 2inch 74.30 84.15 94.58 106.31 117.98 3inch 145.85 165.18 185.66 208.68 231.60 4inch 243.64 275.94 310.16 348.61 386.89 6inch 489.01 553.83 622.50 699.97 776.51 8 inch 1,135.86 1,286.00 1,446.00 1,625.00 1,804.00 10 inch 1,878.81 2,128.00 2,392.00 2,668.00 2,983.00 12 inch 2,848.23 3,226.00 3,626.00 4,075.00 4,523.00 For all non-residential uses in which public water service is not available: 0-4 commodes 39.21 44.40 49.90 55.72 61.83 Each additional commode over four (4) 7.84 8.89 9.99 11.15 12.38 The authority for establishment and/or increase in such fees is contained in Virginia Code Section 15.2-2122. A second Hearing will be held on Tuesday, April 27, 2010, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia. Information concerning the documentation and justification for the proposed fee increase and the complete ordinance are available for examination by the public at the Central Library and all branch libraries during scheduled hours of operation. This information is also available at the City Manager's Office, the City Clerk's Office and the Department of Management Services, in the City Hall Building, Municipal Center, between 8:00 a.m. and 5:00 p.m., Monday through Friday. This information can be accessed on the City's web site located at www.vbgov.com. These Hearings are open to the public and all interested citizens will j 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, TDD - 711. Ruth Hodges Fraser, MMC _ City Clerk PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on May 11, 2010 in the City Council Chamber regarding the proposed lease of City -owned property located at 204 22nd Street to Majd & Bouhzam, Ltd, t/a 204 Grill Pizza, for the operation of an open air cafLs. The purpose of the Hearing will be to obtain public comment on the proposed lease of City property. A copy of the franchise lease agreement is on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above -referenced franchise should be directed to Rob Fries, SGA/Resort Management Office, by calling (757) 385-6641. Ruth Hodges Fraser, MMC City Clerk Beacon May 2 & 9, 2010 21287466 J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND §24 of the City Code re Worker's Compensation for Volunteer public safety in Police, Fire and Rescue 2. Resolution in RECOGNITION of 40 years of service by Mary Russo 3. Ordinances/Resolutions re: FY 2010-11 RESOURCE MANAGEMENT PLAN a. FY 2010-11 Operating Budget: 1) APPROPRIATE for the Fiscal Year, beginning July 1, 2010 and ending June 30, 2011, $1,687,650,881 for Operations and $553,156,869 in Interfund Transfers regulating the payment of money out of the City Treasury, as amended 2) ESTABLISH the tax levy of 89 cents per $100 assessed evaluation on real estate for FY 2011 3) ESTABLISH the tax levy of $3.70 per $100 assessed evaluation on personal property and machinery and tools for the Calendar Year 2011 4) AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) 5) DECLARE $8,000,000 within the Sandbridge Tax Increment Financing District (TIF) as surplus in the FY 2009-10 Operating Budget 6) AMEND the City Code re Cigarette Tax to increase the tax amount 7) AMEND the City Code re minimum Service Availability charges and Water Usage renewals 8) AMEND the City Code re Dealer and Pawnbroker permit applications and renewals 9) AMEND the City Code re Precious Metals permits 10) AMEND the City Code re Taxicab inspections, driver's permit applications and permit renewals 11) IMPLEMENT a two-year Moratorium on dedicated funding to Open Space Land acquisitions 12) INCREASE the Resident Discount fee at certain Resort lots and City garages 13) APPLY for Community Development Block Grant (CDBG) Section 108 loan funds from U.S. Department of Housing and Urban Development (HUD) 14) AMEND the City Code re fees for the impoundment of animals 15) TEMPORARILY SUSPEND adoption of the City's Budget through an annual rather than biennial process 16) AMEND the City Code re exemption or deferral of Real Estate Taxes for the Elderly or Disabled Persons by increasing net worth limit 17) ADD §35-41 to the City Code re classifying "energy efficient" buildings 18) AFFIRM Resolution No. 3347 re employee contributions to the Virginia Retirement System (VRS) after July 1, 2010 b. FY 2010-11 Capital Budget: 1) AUTHORIZE FY-2011/FY-2016 Capital Improvement Program (CIP); and, APPROPRIATE $201,656,037 for the FY 2011 Capital Budget, subject to funds being provided from various sources set forth therein 2) AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $68,180,000 for various public facilities and general improvements 3) AMEND the City Code re Sanitary Sewer Service charges, effective July 1, 2011, 2012, 2013 and 2014 4. Ordinance to AUTHORIZE the City Manager to execute a Second Amendment to the March 26, 2003, Purchase Agreement with LifeNet to extend the purchase price option to December 10, 2010 5. Ordinance to AUTHORIZE the City Manager to ACCEPT bids for the lease of City property at 1900 Sandbridge Road (Red Mill Farm Park) re telecommunications facilities 6. Ordinance to AUTHORIZE the City Manager to GRANT a Franchise Agreement to Bounce House, LLC to operate a waterslide on the sandy beach adjacent to the 24`h Street Stage 7. Ordinance to AUTHORIZE the City Manager to GRANT a Franchise Agreement for an Open Air Cafe for Majd and Bouhzam, LTD t/a 204 Grill Cafe at 204 22°d Street 8. Ordinance to AUTHORIZE acquisition of the public right-of-way at 3107 Bray Road from KATHRYN N. BYLER in order to remove a hazardous tree 9. Ordinance to DESIGNATE The Organization Against Injustice and Social Malpractice (TOAISM) as EXEMPT from local Personal Property Taxation 10. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned rights-of-way for JOHN R., JR. and DENIZ MURRAY to construct a pier and maintain an existing riprap at 4209 Battery Road (DISTRICT 4 — BAYSIDE) 11. Ordinance to ACCEPT and APPROPRIATE $44,250 in grant funds from the Department of Homeland Security and $14,750 in a local match from the 2008 Port Security Grant Program to the FY 2009-10 Fire Budget re equipment and training for the Marine Team 4 � -.1A 41A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-4 of the City Code Pertaining to Recognition of Public Safety Volunteers MEETING DATE: May 11, 2010 ■ Background: State law permits City Council, by ordinance, to extend Workers' Compensation coverage to public safety volunteers. The Council currently extends such coverage to volunteers of specified public safety occupations, such as firefighters and emergency medical technicians, who provide volunteer services through the entities named in City Code Section 2-4. Some of the listed entities are no longer in existence or the names listed in our Code varies from the name indicated in their State Corporation Commission file. ■ Considerations: This amendment removes the entities formally known as the Green Run Volunteer Fire Company, the London Bridge Volunteer Fire Department, Inc., and the Virginia Beach Borough Volunteer Fire Department, Inc., from the City Code listing as these entities are no longer in existence. Along with a minor syntax modification, this amendment also updates two entity names to reflect their names as registered with the State Corporation Commission. ■ Public Information: To be advertised in the same manner as other items on Council's Agenda. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Risk Management, Fire, Police and EMS City Manager:Q" 1 AN ORDINANCE TO AMEND SECTION 2-4 2 OF THE CITY CODE PERTAINING TO 3 RECOGNITION OF POLICE, FIRE 4 COMPANIES AND RESCUE SQUADS AS 5 PART OF PUBLIC SAFETY PROGRAM 6 7 SECTION AMENDED: § 2-4 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA.- 11 IRGINIA:11 12 That Section 2-4 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 15 Sec. 2-4. Recognition of police, fire companies and rescue squads as part of 16 public safety program. 17 18 The following city departments, police agencies and chartered and nonchartered 19 fire companies and rescue squad organizations are recognized and acknowledged to be 20 an integral part of the official public safety program of the city, and in gratitude to and in 21 recognition of the valuable and necessary services performed by the volunteer 22 firefighters, volunteer lifesaving or rescue squad members, volunteer law-enforcement 23 chaplains, auxiliary police, volunteer emergency medical technicians, members of 24 volunteer search and rescue organizations, and volunteer members of community 25 emergency response teams, volunteersing for the following organizations shall be 26 deemed employees for the purposes of the Virginia Workers' Compensation Act: 27 28 Blackwater Volunteer FiFe Department and Rescue Squad, Incorporated. 29 Chesapeake Beach Volunteer Fire and Rescue Department, Incorporated. 30 Creeds Volunteer Fire Department and Rescue Squad, Incorporated. 31 Davis Corner Volunteer Fire Department and Rescue Squad, Incorporated. 32 33 Kempsville Voluntee Rescue Squad, Incorporated. 34 I=E)Rdea-Br+dgeVetuateer FreDepartment, InGGFPGratcd-. 35 Ocean Park Volunteer Fire and Rescue Unit, Incorporated. 36 Oceana Volunteer Fire Department, Incorporated. 37 Plaza Volunteer Fire Company and Rescue Squad, Incorporated. 38 Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, 39 Incorporated. 40 Sandbridge Rescue and Fire, Incorporated. 41 Thalia Volunteer Fire Department, Incorporated. 42 Virginia Beach Auxiliary Police. 43 Virginia BeaGh BeFough VGIURteeF Fire DepaFtment, IRGOFPGFated. 44 Virginia Beach Rescue Squad, Incorporated. 45 Virginia Beach Volunteer Law Enforcement Chaplains and Chaplains' Aides. 46 Virginia Beach Volunteer Water Rescue Team, Incorporated. 47 Virginia Beach Department of Emergency Medical Services. 48 Virginia Beach Fire Department. 49 Virginia Beach Office of Volunteer Resources. COMMENT: This amendment removes the entities formally known as the Green Run Volunteer Fire Company, the London Bridge Volunteer Fire Department, Inc., and the Virginia Beach Borough Volunteer Fire Department, Inc., from the City Code listing as these entities are no longer in existence. Along with a minor syntax modification, this amendment also updates two entity names to reflect their names as registered with the State Corporation Commission. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2010. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT n Emergency Medical Services APPROVED AS TO CONTENT: ,l sk Management CA11494 R-2 April 28, 2010 APPROVED AS TO LEGAL SUFFICIENCY: 4 k ft-7- ILI APPROVED AS TO CONTENT: F e Department jP0011ttinn 'WNMAS: Mary Russo has been a dedicated, tirefess Volunteer, serving the City of Virginia Beach for over Forty years. In 1974, Mary Russo began her "volunteer" service as an appointee by Governors Tofton and Godwin to serve on the Virginia Drug Abuse Advisory Council which she did for three years. At the same time, 'Virginia Beach City Councif appointed Mary to the `United Drug Abuse Councif and Regional Planning Organization for Drug Abuse Services where she served as the Chair through 1977. She served as a Member of the Virginia Beach Community Services Board 1972-78 and as Chair 1976-7&, UNTREAS: In 1978, Mary became the first Coordinator of the 'Volunteer Councif when she was appointed to the position by the City Council- `-I&P,EAS: Mary attended Dunbarton College of the7fofy Cross in 'Wasfangton, D.C.'., Parson's Schoolof rDesign and graduated from Virginia Commonwealth College in 1948. She has trained in CT'd, 'VoCgistics, 'Volunteer 'Works, Disaster Preparedness, Realty Therapy, Crisis Intervention, (Drug (Focus, Grantmanship 'Funding, as weft as Long Term Care. She has been honored by numerous appointments to various national, state and focal Boards and Commissions, Educational Committees, Vnited'Way agencies, 9fuman Services agencies, Virginia Federation of Women's Clubs, Justice forguvenifes and many others. `WYaREAS. She was named "first Citizen of Virginia Beach" in 1970, CoX Cable's "Great Citizen of Tidewater" in 1985, Rotary International's "Paullfarris TFeffow" in 1997 and "Community Servant of the Year" 6y the American Legion ,Department of Virginia Beach, Post 110 in 2002 and the 2009 ,Freedoms 'Foundation 1t Vaffey Forge Certificate of Merit for NationafAwards Program Adult Community Category among many, many otherawards• 'W I& AS: Mary left her position for a while, but when volunteerism suffered as a result, she was encouraged to come back qhrough her vision, originafconcepts foresight, untiring efforts, dedication andtirefess energy, the Volunteer Council has thrived andgrown to more than thirty departments, over 18,000 Volunteers who have recordedover 1.3 -Millon hours valued at over $18.5 Mlfion - - equivalent to three Volunteers for every paintposition; and 4NMEREAS: `Mary met the challenge in a personalrequest from MayorTsumura, (our Sister City of Mryazaki, japan) to train his departmental staff and citizens alike in the true meaning and concept of "Volunteerism". For three years, various representatives of Miyazaki, City came to Virginia Beach to train: and learn the meaning of giving of oneself to enrich the fives of many others. MYW, `MEXEF09�E, OE ITiRESOLVED. 01iat the Virginia Beach City Councif, andevery citizen, recognize Mary gjusso's 'Forty years of dedicatedservice and her untiring efforts to make Virginia Beach a "community fora lifetime". Given under our f:ands andseafs this 111h day of May, 2010: CouncifLady Rita Sweet Befl'tto Councilman gfenn R. Davis Councilman'Wnfliam R "Bill''DeSteph Councilman Robert M. "Bob" Dyer Vice Mayor Louis R hones CouncifLady Rosemary `Wilson Councilman 7fmry Diezef CouncifLady Barbara7fenfey Councilman John E. Vfirin Councilman James L. Wood Mayor ` O fiam D. "`WSOSessoms Jr. r': -,,M 4;, F04 , p7 j r`J LyY,�'v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The FY 2010-11 Operating Budget and Related Ordinances MEETING DATE: May 11, 2010 ■ Background: On March 30, 2010, the City of Virginia Beach FY 2010-11 Proposed Resource Management Plan, which includes the Operating Budget and Capital Improvement Program, was presented to City Council. City Council held workshops on April 8th, 13th, 15tH 20th 27th, and May 4th to discuss the budget. City Council held public hearings on April 22nd and 27th to provide the public the opportunity to comment on the proposed Resource Management Plan. Considerations: The proposed ordinances were updated to reflect City Council's direction at the May 4, 2010 Council Reconciliation Workshop. Attached is a letter dated May 4th, signed by Mayor William D. Sessoms, Jr. and Vice Mayor Louis R. Jones, outlining the FY 2011 Operating Budget and Capital Improvement Program recommendations. The only noted change from the letter is the Commissioner of Revenue position total increased by .5 FTE to 6 FTEs but still within the additional $247,000. Also attached is a Budget Resolution from the School Board which adds $12,099,836 to the Operating Budget. Please note the School's included $7,936,308 of stimulus funding related to College Park Elementary School Replacement in both their Schools Grant Fund and Capital Improvement Program while the ordinances proposed for City Council adoption only reflect these funds in the Capital Improvement Program. The following ordinances are provided for the Council's consideration and approval to implement the FY 2010-11 Operating Budget. Unless otherwise noted, approval requires an affirmative vote by a majority of the members of City Council. An Ordinance Making Appropriations for the Fiscal Year Beginning July 1, 2010 and Ending June 30, 2011 in the Sum of $1,687,650,881 for Operations 2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2011 3. An Ordinance Establishing the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 2011 4. An Ordinance to Authorize the City Manager to Submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development 5. An Ordinance to Declare $8,000,000 of Funding within the Sandbridge Tax Increment Financing District as Surplus Funds in the FY 2009-10 Operating Budget 6. An Ordinance to Amend the City Code Pertaining to Cigarette Tax by Increasing the Amount of the Tax 7. An Ordinance to Amend the City Code Pertaining to Minimum Service Availability Charges and Water Usage Rate 8. An Ordinance to Amend the City Code Pertaining to Dealer and Pawnbroker Permit Applications and Renewals 9. An Ordinance to Amend the City Code Pertaining to Precious Metals Permits 10. An Ordinance to Amend the City Code Pertaining to Taxicab Inspections, Driver's Permit Applications and Permit Renewals 11. An Ordinance to Implement a Two -Year Moratorium on Dedicated Funding to Open Space Land Acquisitions 12. A Resolution to Increase the Resident Discount Fee from $1 to $2 at Certain Resort Lots and City Garages 13. An Ordinance to Apply for Community Development Block Grant Section 108 Loan Funds from the U.S. Department of Housing and Urban Development 14. An Ordinance to Amend the City Code Pertaining to Fees for the Impoundment of Animals, Generally 15. A Resolution to Temporarily Suspend the Adoption of the Budget Through an Annual Rather Than Biennial Process 16. An Ordinance to Amend the City Code Pertaining to the Exemption or Deferral of Real Estate Taxes for Elderly or Disabled Persons by Increasing Income and Net Worth Limits 17. An Ordinance to Add Section 35-41 to the City Code Pertaining to Classifying Energy Efficient Buildings 18. A Resolution Affirming Resolution 3347 and Providing for Employee Contributions by Persons Who Become a Virginia Retirement System Member On or After July 1, 2010 ■ Public Information: Two public hearings have been held concerning the Operating Budget. Information on these ordinances was disseminated to the public through the normal Council agenda process, including the advertisement of the City Council agenda, pursuant to local and State code requirements. ■ Alternatives: No alternatives are available to implement the FY 2010-11 Operating Budget. ■ Recommendations: It is recommended that the attached ordinances implementing the FY 2010-11 Operating Budget be approved. ■ Attachments: FY 2010-11 Operating Budget Ordinances Letter Dated May 4th from Mayor and Vice Mayor VB School Board Budget Resolution — FY 2010-11 Recommended Action: Approval of Ordinances 6' Submitting Department/Agency: Department of Management Se*es�,. t City Manager: u I, ��e,.t( I AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2 BEGINNING JULY 1, 2010 AND ENDING JUNE 30, 2011 IN THE SUM OF 3 $ 1,687,650,881 FOR OPERATIONS 4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year beginning 5 July 1, 2010, and ending June 30, 2011, and it is necessary to appropriate sufficient funds to cover said budget; 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 8 9 Sec. 1. That the amounts named aggregating $2,240,807,750 consisting of $553,156,869 in interfund transfers and 10 $1,687,650,881 for operations, are hereby appropriated subject to the conditions hereinafter set forth for the use of 11 departments, and designated funds of the City government, and for the purposes hereinafter mentioned, as set forth in the 12 Annual Operating Budget, which is hereby incorporated by reference, for the fiscal year beginning July 1, 2010, and ending 13 June 30, 2011, a summary of which is attached to this ordinance as "Attachment A —Appropriations." 14 15 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations is set 16 forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations attached to this 17 ordinance as "Attachment B — Revenues." 18 19 Sec. 3. With the exception of the School Operating Fund, the total number of full-time permanent positions shall be the 20 maximum number of positions authorized for the various departments of the City during the fiscal year, except for changes 21 or additions authorized by the Council or as hereinafter provided. The City Manager may from time to time increase or 22 decrease the number of part-time or temporary positions provided the aggregate amount expended for such services shall 23 not exceed the respective appropriations made therefore. The City Manager is further authorized to make such 24 rearrangements of positions within and between the departments as may best meet the needs and interests of the City. 25 26 Sec. 4. To improve the effectiveness and efficiencies of the government in service delivery, the City Council hereby 27 authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the fiscal 28 year as may be necessary to implement organizational adjustments that have been authorized by the City Council. Unless 29 otherwise directed by the City Council, such organizational adjustments shall be implemented on such date or dates as the 30 City Manager determines, in his discretion, to be necessary to guarantee a srnooth and orderly transition of existing 31 organizational functions. The City Manager shall make a report each year to the City Council identifying the status and 32 progress of any such organizational adjustments. 33 34 Sec. 5. All current and delinquent collections of local taxes shall be credited to the General Fund and, where appropriate, 35 to any special service district special revenue fund or any tax increment financing funds created by City Council. Transfers 36 shall be made from the General Fund to the respective designated funds to which a special levy is made in the amount of 37 collection for each specially designated fund. 38 39 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of business for the 40 fiscal year ending on June 30, 2011, unless otherwise provided for, are hereby declared to be lapsed into the fund balance 41 of the respective funds, except the School Operating Fund which shall lapse into the General Fund Balance, and may be 42 used for the payment of the appropriations that may be made in the appropriation ordinance for the fiscal year beginning 43 July 1, 2011. However, there shall be retained in the General Fund an undesignated fund balance of 8% to 12% of the 44 following year's budgeted revenues, for contingency and emergency situations, not to be used to support appropriations 45 approved in the ordinance for the fiscal year beginning July 1, 2010, except upon subsequent authorization by City Council. 46 47 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis for 48 developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) for the Water 49 and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating expense shall be 50 pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its water and sewer revenue 51 bonds at not less than 1.50 times and, on a combined basis, including water and sewer general obligation bonds, at no less 52 than 1.20 times and (c) for the Water and Sewer Fund, contributions from non -borrowed funds, on a five-year rolling 53 average basis, will be sought for approximately 25% of the annual capital program for the water and sewer system. 54 55 Sec. 8. All balances of appropriations in each fund which support authorized obligations or are encumbered at the close 56 of the business for the fiscal year ending on June 30, 2011, are hereby declared to be reappropriated into the fiscal year 57 beginning July 1, 2011, and estimated revenues adjusted accordingly. 58 59 Sec. 9. All balances of appropriations attributable to grants or other similar funding mechanism from state or federal 60 sources whose period of expenditure extends beyond the fiscal year ending on June 30, 2010, are hereby declared to be 61 reappropriated into the fiscal year beginning July 1, 2010, and estimated revenues adjusted accordingly. 62 63 Sec. 910. No department or agency for which appropriations are made under the provisions of this ordinance shall 64 exceed the amount of such appropriations except with the consent and approval of the City Council first being obtained. It 65 is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the 66 totals for each Appropriation Unit included in this ordinance and does not apply to Interfund Transfers. 67 68 Sec. 4811. The City Manager or the Director of Management Services is hereby authorized to approve transfers of 69 appropriations in an amount up to $100,000 between any Appropriation Units included in this ordinance. The City 70 Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. In addition, the 71 City Manager may transfer, in amounts necessary, appropriations from all Reserves for Contingencies except Reserve for 72 Contingencies — Regular, within the intent of the Reserve as approved by City Council. 73 74 Sec. 4412. The City Manager or the Director of Management Services is hereby authorized to establish and administer 75 budgeting within Appropriation Units consistent with best management practices, reporting requirements, and the 76 programs and services adopted by the City Council. 77 78 Sec. 4213. The City Manager or the Director of Management Services is hereby authorized to change the Estimated 79 Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating 80 Appropriation Unit declines, the City Manager or the,Director of Management Services is hereby authorized to reduce, 81 subject to any other provision of law, those appropriations to equal the decline in Estimated Revenue. The City Manager 82 shall give prior notice to the City Council of any reduction to total appropriations exceeding $100,000. The notice to City 83 Council shall identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The 84 accounting records of the City will be maintained in a manner that the total of Estimated Revenue is equal to the total of 85 the Appropriation Units for each of the City's funds. The City Manager or the Director of Management Services is hereby 86 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for 87 which those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any 88 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the bonded 89 debt of the City Government. 90 91 Sec. 4-314. Allowances made from the appropriations made in this ordinance by any or all of the City departments, 92 bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and 93 employees of their personal automobiles in the discharge of their official duties shall not exceed forty two cents ($0.42) per 94 mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for additional miles of such use within the 95 fiscal year. 96 97 Sec. 4415. In the event of an emergency and under emergency circumstances wherein the City Council cannot reasonably 98 hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any budget account to 99 ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately following the expenditure 100 of funds under this provision, and as soon as the City Council can reasonably meet under the existing circumstances, the 101 City Manager shall notify the City Council of the reason for such action, how funds were expended, and present to the City 102 Council for adoption an emergency appropriations ordinance that sets forth what measures are required to ensure that 103 funds are forthwith restored to the appropriate accounts and that the budget is balanced at the end of the fiscal year in 104 which the emergency expenditures occurred. 105 106 An emergency is defined for the purposes of this provision as an event that could not have been reasonably 107 foreseen at the time of the adoption of the budget, and in which {i) an immediate threat to the public health, safety or 108 welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to protect or preserve public 109 properties. 110 111 Sec. 3516. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according to 112 regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of 113 miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director of Finance is specifically 114 directed to withhold the issuance of checks in the event expense accounts are submitted for "lump -sum" amounts. 115 116 Sec. 3617. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons 117 responsible for the management of the Appropriation Unit in which the violation occurred. 118 119 SPa. 37. Funds On the amount of $366,814 120 Pund frem the fund balanee --f thp- HP-alth IRSUFanee TFUSt Fund. This change allews the Health IRSUFaRce TFUSt FuRd to be 121 122 ' health 123 premiums n the School Health InSu.anr-,, .'RteFRal Se a Cued 124 125 Sec. 18. The City Manager and School Board are authorized to expend funds related to the City and School's GASB45 126 liability in the School Health Insurance Internal Service Fund_ 127 128 Sec. 19. This ordinance shall be effective on July 1, 2010. 129 130 Sec. 20. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 131 affect the validity of the remaining parts of this ordinance. 132 133 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 11th day of May, 2010. 134 135 Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: S I - I& 0 - 11 o� " , ") ILUI ____ Management Services qty AtWey's Office City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment A - Appropriations 002 General Fund Agriculture Benefits Administration Board of Equalization Circuit Court City Attorney City Auditor City Clerk City Manager City Real Estate Assessor City Treasurer Clerk of the Circuit Court Commissioner of the Revenue Commonwealth's Attorney Communications and Information Technology Community Organization Grants Convention and Visitor Bureau Cultural Activities Director of Finance Economic Development Emergency Communications and Citizen Services Emergency Medical Services Employee Special Benefits Fire General District Court General Registrar Health Housing and Neighborhood Preservation Human Resources Human Services Independent Financial Services Juvenile and Domestic Relations District Court Juvenile Probation Leases Library Magistrates Management Services Mass Transit Operations Municipal Council Museums Parks and Recreation Planning Police Public Works Regional Participation Reserve for Contingencies Revenue Reimbursements Strategic Growth Area Transfer to Other Funds Vehicle Replacements Wetlands Board of Virginia Beach Zoning Board of Appeals 098 School Reserve Special Revenue Fund Transfer to Other Funds FY 2010-11 Proposed 767,127 662,283 16,732 957,408 3,560,843 577,486 542,324 2,690,963 2,809,634 4,654,443 2,775,084 3,677,713 7,206,253 21, 690,104 379,257 8,686,242 2,353,957 4,691,216 2,098,549 9,195,864 7,119,054 3,878,361 42,292,935 494,693 1,124,916 3,041,377 1,679,325 4,222,079 110,301,394 153,878 143,839 2,223,523 1,586,830 15,416,849 97,296 1,448,304 2,992,155 553,348 9,421,107 12,468,357 9,496,344 86,631,319 94,319,811 1,933,213 648,389 16,411,728 1,413,863 458,457,521 3,111,914 14,331 35,501 Fund 002 Appropriation Totals 973,127,036 13,000,000 City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment A - Appropriations FY 2010-11 Proposed Education * Education 781,337,309 Education Appropriation Totals 781,337,309 *This provides lump -sum funding for Education. 130 Law Library Fund Library (Law Library) 100,000 270,758 Reserve for Contingencies Mass Transit 4,790 Transfer to Other Funds 33,343 57,252 873,262 Fund 130 Appropriation Totals 332,800 142 DEA Seized Property Special Revenue Fund 9,022,466 Commonwealth's Attorney 157 Sandbridge Special Service District Special Revenue Fund 200,000 Transfer to Other Funds Fund 142 Appropriation Totals 200,000 147 Federal Sectional 8 Program Special Revenue Fund 161 Agriculture Reserve Program Special Revenue Fund Housing and Neighborhood Preservation 159,371 16,273,088 12,629 Fund 147 Appropriation Totals 16,273,088 149 Sheriff's Department Special Revenue Fund Fund 161 Appropriation Totals 8,576,138 Reserve for Contingecies 300,000 Sheriff and Corrections 35,565,921 Fund 149 Appropriation Totals 35,865,921 150 Inmate Services Special Revenue Fund Sheriff and Corrections 854,024 Transfer to Other Funds 274,551 Fund 150 Appropriation Totals 1,128,575 151 Parks and Recreation Special Revenue Fund Parks and Recreation 27,776,049 Public Works 2,577,098 Transfer to Other Funds 302,003 Fund 151 Appropriation Totals 30,655,150 152 Tourism Growth Investment Fund Convention and Visitor Bureau 100,000 Cultural Affairs 50,500 Mass Transit 590,000 Parks and Recreation 33,343 Public Works 873,262 Strategic Growth Area 3,091,656 Transfer to Other Funds 9,022,466 Fund 152 Appropriation Totals 13,761,227 157 Sandbridge Special Service District Special Revenue Fund Transfer to Other Funds 4,570,000 Fund 157 Appropriation Totals 4,570,000 161 Agriculture Reserve Program Special Revenue Fund Agriculture 159,371 Future C.I.P. Commitments 12,629 Transfer to Other Funds 8,404,138 Fund 161 Appropriation Totals 8,576,138 City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment A - Appropriations FY 2010-11 Proposed 163 Tourism Advertising Program Special Revenue Fund Convention and Visitor Bureau 9,089,324 Transfer to Other Funds 56,838 Fund 163 Appropriation Totals 9,146,162 165 Lvnnhaven Mall Tax Increment Financing Fund Tax Increment Financing 2,100,000 Fund 165 Appropriation Totals 2,100,000 166 Sandbridge Tax Increment Financing Fund Future C.I.P. Commitments 8,261,274 Fund 166 Appropriation Totals 8,261,274- 169 Central Business District - South TIF (Town Center) Fund Future C.I.P. Commitments 619,919 Transfer to Other Funds 5,614,117 Fund 169 Appropriation Totals 6,234,036 172 Open Space Special Revenue Fund Parks and Recreation 464,249 Public Works 15,300 Transfer to Other Funds 4,815,861 Fund 172 Appropriation Totals 5,295,410 173 Maior Proiects Special Revenue Fund Transfer to Other Funds 20,977,241 Fund 173 Appropriation Totals 20,977,241 174 Town Center Special Tax District Parks and Recreation 53,000 Public Works 15,000 Reserve for Contingencies 283,564 Town Center Special Tax District 1,700,576 Fund 174 Appropriation Totals 2,052,140 180 Community Development Special Revenue Fund Housing and Neighborhood Preservation 2,552,715 Reserve for Contingencies 741 Transfer to Other Funds 128,858 Fund 180 Appropriation Totals 2,682,314 181 CD Loan and Grant Fund Housing and Neighborhood Preservation 444,016 Transfer to Other Funds 130,000 Fund 181 Appropriation Totals 574,016 182 Federal Housing Assistance Grant Fund Housing and Neighborhood Preservation 1,666,970 Fund 182 Appropriation Totals 1,666,970 183 Grants Consolidated Fund Commonwealth's Attorney 322,968 Emergency Medical Services 284,197 Fire 757,260 Housing and Neighborhood Grants 1,300,035 Human Services 1,867,284 City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment A - Appropriations 241 Water and Sewer Fund Debt Service FY 2010-11 Public Utilities Proposed 183 Grants Consolidated Fund 3,069,281 Museums 31,000 Police 71,521 Public Works 15,000 Reserve for Contingencies 100,000 Transfer to Other Funds 400,000 Transfer to Other Funds Fund 183 Appropriation Totals 5,149,265 241 Water and Sewer Fund Debt Service 16,389,014 Public Utilities 71,764,252 Reserve for Contingencies 3,069,281 Transfer to Other Funds 15,413,210 223,436 Fund 241 Appropriation Totals 106,635,757 253 Parking Enterprise Fund 10,544,961 Reserve for Contingencies 1,008,339 Strategic Growth Area 1,875,987 Transfer to Other Funds 987,852 Debt Service Fund 253 Appropriation Totals 3,872,178 255 Storm Water Utilitv Enterprise Fund Debt Service 2,011,002 Public Works 11,168,042 Reserve for Contingencies 223,436 Transfer to Other Funds 10,544,961 Fund 255 Appropriation Totals 23,947,441 302 General Debt Fund Debt Service 129,450,872 Fund 302 Appropriation Totals 129,450,872 540 General Government Capital Proiects Fund Buildings Capital Projects 1,159,951 Coastal Capital Projects 4,570,000 Communications and information Technology Projects 325,000 Economic and Tourism Development Capital Projects 9,998,556 Parks and Recreation Capital Projects 2,022,901 Roadways Capital Projects 2,043,448 Fund 540 Appropriation Totals 20,119,856 541 Water and Sewer Capital Proiects Fund Water and Sewer Capital Projects 5,000,000 Fund 541 Appropriation Totals 5,000,000 555 Storm Water Capital Projects Fund Storm Water Capital Projects 8,626,574 Fund 555 Appropriation Totals 8,626,574 908 City Beautification Fund Parks and Recreation 30,000 Fund 908 Appropriation Totals 30,000 909 Library Gift Fund Library Gift 4,000 Fund 909 Appropriation Totals 4,000 City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment A - Appropriations FY 2010-11 Proposed 911 Parks and Recreation Gift Fund Parks and Recreation (Gift Fund) 155,000 Fund 911 Appropriation Totals 155,000 Total Appropriations for all Funds 2,240,807,750 Less Interfund Transfers 553,156,869 Net Appropriations Totals 1,687,650,881 City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment B - Revenues FY 2010-11 Proposed 002 General Fund Revenue from Local Sources Automobile License 8,734,363 Business License 40,771,644 Charges for Services 35,712,723 Cigarette Tax 11,742,780 Fines and Forfeitures 7,276,472 From the Use of Money and Property 5,456,582 General Sales Tax 50,596,245 Hotel Room Tax 5,148,596 Miscellaneous Revenue 5,106,508 Other Taxes 15,598,883 Permits, Privilege Fees, and Regulatory Licenses 4,627,805 Personal Property 118,574,744 Real Estate 455,888,161 Restaurant Meal Tax 30,665,113 Utility Tax 47,253,219 Revenue from the Commonwealth Other Sources from the Commonwealth 88,961,841 Revenue from the Federal Government 22,608,384 Transfers from Other Funds 18,402,973 Fund 002 Revenue Totals 973,127,036 098 School Reserve Special Revenue Fund Specific Fund Reserves 13,000,000 Fund 002 Revenue Totals 13,000,000 Education Revenue from Local Sources Charges for Services 19,499,753 From the Use of Money and Property 916,000 Miscellaneous Revenue 10,828,930 Revenue from the Commonwealth State Shared Sales Tax 67,116,477 Other Sources from the Commonwealth 259,092,040 Revenue from the Federal Government 83,576,766 Transfers from Other Funds 334,902,260 Specific Fund Reserves 5,405,083 Education Revenue Totals 791,337,309- 130 Law Library Fund Revenue from Local Sources Charges for Services 325,000 From the Use of Money and Property 7,800 Fund 130 Revenue Totals 332,800 142 DEA Seized Property Special Revenue Fund Specific Fund Reserves 200,000 Fund 142 Revenue Totals 200,000 147 Federal Sectional 8 Program Special Revenue Fund Revenue from Local Sources Charges for Services 15,000 Miscellaneous Revenue 24,000 Revenue from the Federal Government 16,153,087 Transfer from Other Funds 81,001 Fund 147 Revenue Totals 16,273,088 City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment B - Revenues 151 Parks and Recreation Special Revenue Fund FY 2010-11 Revenue from Local Sources Proposed 149 Sheriff's Department Special Revenue Fund 13,785,688 Revenue from Local Sources 1,305,713 Charges for Services 2,539,443 Revenue from the Commonwealth 6,435,745 Other Sources from the Commonwealth 17,607,506 Revenue from the Federal Government 240,900 Specific Fund Reserves 3,303,658 Transfer from Other Funds 12,174,414 Specific Fund Reserves Fund 149 Revenue Totals 35,865,921 150 Inmate Services Special Revenue Fund 4,576,138 Revenue from Local Sources Fund 161 Revenue Totals 8,576,138 Charges for Services 849,975 From the Use of Money and Property 15,000 Specific Fund Reserves 263,600 Fund 150 Revenue Totals 1,128,575 151 Parks and Recreation Special Revenue Fund Revenue from Local Sources Charges for Services 13,785,688 From the Use of Money and Property 1,305,713 Miscellaneous Revenue 3,000 Revenue from the Commonwealth 6,435,745 Other Sources from the Commonwealth 55,000 Revenue from the Federal Government 1,000 Transfer from Other Funds 15,504,749 161 Agriculture Reserve Program Special Revenue Fund Fund 151 Revenue Totals 30,655,150 152 Tourism Growth Investment Fund Revenue from Local Sources Amusement Taxes 1,140,110 Fines and Forfeitures 943,278 From the Use of Money and Property 539,273 Hotel Room Tax 6,435,745 Permits, Privilege Fees, and Regulatory Licenses 72,091 Restaurant Meal Tax 4,380,730 Transfer from Other Funds 250,000 161 Agriculture Reserve Program Special Revenue Fund Fund 152 Revenue Totals 13,761,227 157 Sandbridge Special Service District Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 86,566 Hotel Room Tax 63,360 Other Taxes 800,000 Real Estate 653,647 Specific Fund Reserves 1,155,504 Transfer from Other Funds 1,810,923 Fund 157 Revenue Totals 4,570,000 161 Agriculture Reserve Program Special Revenue Fund Specific Fund Reserves 4,000,000 Transfer from Other Funds 4,576,138 Fund 161 Revenue Totals 8,576,138 City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment B - Revenues 169 Central Business District - South TIF (Town Center) Fund FY 2010-11 Revenue from Local Sources Proposed 163 Tourism Advertising Program Special Revenue Fund 15,000 Revenue from Local Sources 5,456,290 Charges for Services 100,950 From the Use of Money and Property 48,442 Hotel Room Tax 4,576,040 Miscellaneous Revenue 40,000 Restaurant Meal Tax 4,380,730 From the Use of Money and Property Fund 163 Revenue Totals 9,146,162 165 Lynnhaven Mall Tax Increment Financing Fund 3,855,043 Revenue from Local Sources 1,402,405 Real Estate 1,897,984 Specific Fund Reserves 202,016 Fund 165 Revenue Totals 2,100,000 166 Sandbridge Tax Increment Financing Fund Revenue from Local Sources From the Use of Money and Property 223,220 Real Estate 8,038,054 Fund 166 Revenue Totals 8,261,274 169 Central Business District - South TIF (Town Center) Fund Revenue from Local Sources From the Use of Money and Property 15,000 Real Estate 5,456,290 Specific Fund Reserves 262,746 Transfers from Other Funds 500,000 Restaurant Meal Tax Fund 169 Revenue Totals 6,234,036 172 Open Space Special Revenue Fund 3,845,417 Revenue from Local Sources Fund 173 Revenue Totals 20,977,241 From the Use of Money and Property 37,962 Restaurant Meal Tax 3,855,043 Specific Fund Reserves 1,402,405 Fund 172 Revenue Totals 5,295,410 173 Malor Protects Special Revenue Fund Revenue from Local Sources Amusement Tax 4,560,440 Cigarette Tax 978,565 From the Use of Money and Property 250,657 Hotel Room Tax 6,435,745 Restaurant Meal Tax 4,906,417 Specific Fund Reserves 3,845,417 Fund 173 Revenue Totals 20,977,241 174 Town Center Special Tax District Revenue from Local Sources From the Use of Money and Property 191,475 Real Estate 1,710,665 Transfers from Other Funds 150,000 Fund 174 Revenue Totals 2,052,140 City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment B - Revenues FY 2010-11 Proposed 180 Community Development Special Revenue Fund Revenue from Local Sources Charges for Services 60,000 Revenue from the Federal Government 2,002,989 Transfers from Other Funds 619,325 Fund 180 Revenue Totals 2,682,314 181 CD Loan and Grant Fund Non -Revenue Receipts 125,000 Revenue from the Federal Government 449,016 Fund 181 Revenue Totals 574,016 182 Federal Housing Assistance Grant Fund Non -Revenue Receipts 125,000 Revenue from the Federal Government 1,541,970 Fund 182 Revenue Totals 1,666,970 183 Grants Consolidated Fund 2,181,550 Revenue from Local Sources Charges for Services 49,252 Revenue from the Commonwealth 1,463,246. Other Sources from the Commonwealth 3,011,200 Revenue from the Federal Government 1,657,503 Transfers from Other Funds 431,310 Fund 183 Revenue Totals 5,149,265 241 Water and Sewer Fund Non -Revenue Receipts 2,181,550 Revenue from Local Sources Charges for Services 99,390,355 From the Use of Money and Property 1,463,246. Miscellaneous Revenue 259,373 Specific Fund Reserves 3,077,000 Transfers from Other Funds 264,233 Fund 241 Revenue Totals 106,635,757 253 Parking Enterprise Fund Revenue from Local Sources Charges for Services 3,585,195 From the Use of Money and Property 67,000 Transfers from Other Funds 219,983 Fund 253 Revenue Totals 3,872.178 255 Storm Water Utility Enterprise Fund Revenue from Local Sources Charges for Services 21,058,267 From the Use of Money and Property 160,000 Revenue from the Commonwealth Other Sources from the Commonwealth 2,656,916 Transfers from Other Funds 72,258 Fund 255 Revenue Totals 23.947.441 302 General Debt Fund Transfers from Other Funds 129,450,872 Fund 302 Revenue Totals 129,450,872 City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment B - Revenues FY 2010-11 Proposed 540 General Government Capital Protects Fund Transfers from Other Funds 20,119,856 Fund 540 Revenue Totals 20,119,856 541 Water and Sewer Capital Proiects Fund Transfers from Other Funds 5,000,000 Fund 541 Revenue Totals 5,000,000 555 Storm Water Capital Projects Fund Transfers from Other Funds 8,626,574 Fund 555 Revenue Totals 8,626,574 908 City Beautification Fund Revenue from Local Sources Miscellaneous Revenue 30,000 Fund 908 Revenue Totals 30,000 909 Library Gift Fund Revenue from Local Sources Miscellaneous Revenue 4,000 Fund 909 Revenue Totals 4,000 911 Parks and Recreation Gift Fund Revenue from Local Sources Miscellaneous Revenue 155,000 Fund 911 Revenue Totals 155,000 Revenue Sources Totals 2,240,807,750 Less Interfund Transfers 553,156,869 Net Revenue Totals 1,687,650,881 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL 2 YEAR 2011 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 Sec. 1. Amount of Levy on Real Estate. 6 There shall be levied and collected for fiscal year 2011 taxes for general purposes on all real estate, including all 7 separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and not otherwise provided 8 for in this ordinance, at the rate of eighty-nine cents ($0.89) on each one hundred dollars ($100) of assessed valuation 9 thereof. The real property tax rate that has been prescribed in this section shall be applied on the basis of one hundred 10 percentum of the fair market value of such real property, except for public service real property, which shall be on the basis 11 as provided in Section 58.1-2604 of the Code of Virginia. 12 13 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real Estate, "Certified 14 Storm Water Management Developments and Property," "Certified Solar Energy Recycling Equipment, Facilities 15 or Devices" Classified as Real Estate, and "Environmental Restoration Sites," Real Estate Improved by Erosion 16 Controls, and Certain Wetlands and Riparian Buffers. 17 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58.1-3665 and 58.1-3666 of the 18 Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2010, taxes on all real estate (a) 19 certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," (b) certified by the 20 Department of Environmental Quality as "Certified Storm Water Management Developments and Property," (c) certified as 21 provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, Facilities or Devices," or "Certified 22 Recycling Equipment, Facilities or Devices," (d) defined by Code of Virginia Section 58.1-3664 as an "Environmental 23 Restoration Site," (e) improved to control erosion as defined by Code of Virginia § 58.1-3665, or (f) qualifying as wetlands 24 and riparian buffers as described by Code of Virginia § 58.1-3666, not exempt from taxation, at a rate of eighty-nine cents 25 ($0.89) on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in this section shall 26 be applied on the basis of one hundred percentum of fair market value of such real property except for public service 27 property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 28 29 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 30 There shall be levied and collected for fiscal year 2011, taxes for the special purpose of providing beach and 31 shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service District, not 32 exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100) of assessed value thereof. This 33 real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. The real estate tax 34 rate imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real property 35 except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 36 37 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. 38 For the special purpose of operating and maintaining the parking garage and providing enhanced services for the 39 plaza and public spaces within the boundaries of the service district at the Town Center, as well as other additional services 40 authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal year 2010, taxes on all real estate 41 within the Town Center Special Service District, not exempt from taxation, at the rate of forty-five cents ($0.45) on each one 42 hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax set forth 43 in Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred 44 percentum of the fair market value of such real property, except for public service real property, which shall be on the basis 45 as provided in Section 58.1-2604 of the Code of Virginia. 46 47 Sec. 5 . Amount of Levy on "Energy -Efficient Buildings". 48 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code, there 49 shall be levied and collected for general purposes for the fiscal year 2011, taxes on all real estate that has been classified as 50 an energy efficient building, not exempt from taxation, at a rate of seventy-four cents ($0.74) on each one hundred dollars 51 of assessed valuation thereof. The real property tax rate imposed in this section shall be applied on the basis of one 52 53 54 55 56 57 58 59 60 61 62 63 64 hundred percentum of fair market value of such real property except for public service property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. Sec. 6 5. Severability. If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Sec. 7 6. Effective Date. The effective date of this ordinance shall be July 1, 2010. Adopted by the City Council of the City of Virginia Beach, Virginia on this 11`h day of May, 2010. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: sa�,� a Management Services APPROVED AS TO LEGAL SUFFICIENCY: i C' to of ice 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL 2 PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 3 2011 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 Sec. 1. Amount of Levy on the General Classification of Tangible Personal Property. 7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general 8 purposes for the calendar year 2011 on all tangible personal property, including all separate classifications of personal 9 property set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in this ordinance, at the 10 rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof. 11 , the fell0w;Rg� 12 ; 13 13. aRtique MOWF vehicles as deSffibed on Cede of ViFginia § 58.1 3SQ6 (A) (4; 14 ; 15 ; 16 " 17 equipment and farzilities" 9F (b) Cede Of ViFgiRia § 58.1 3661 as "EeFtified selaF equipment, 19 20 21 Sec. 2. Personal Property Tax Relief. 22 As required by § 58.1-3524 of the Code of Virginia, qualifying vehicles (as defined by § 58.1-3523), peFse+iaf 23 "qualified 24 vehieles"). Taxes shall be levied and collected fOF geneFal PUFPeses fE)F the ea!eRdaF yeaF 2011 en the assessed value of all 25 peF5enal vehiel not otherwise exempted from taxation in this ordinance or by law, shall be subject to the following: 26 1. Anyqualifying" vehicle with a total assessed value of $1,000 or less will be levied no tax. 27 2. Any qualifying pefsG" vehicle with an assessed value of between $1,001 and $20,000 will be levied 30% 28 of the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the state under the 29 Personal Property Tax Relief Act equal to the remaining 70% of the computed tax on the first $20,000 of assessed value. 30 3. Any qualifying peFseeal vehicle with an assessed value of over $20,000 will be levied 30% of the computed 31 tax based on the first $20,000 of assessed value and 100% of the computed tax based on the assessed value in excess of 32 $20,000. Reimbursement is expected from the state under the Personal Property Tax Relief Act equal to the remaining 70% 33 of the computed tax on the first $20,000 of assessed value. 34 4. Pursuant to authority conferred in Item 503.D of the 2005 Virginia Appropriations Act, the City Treasurer is 35 authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax due without regard to any 36 former entitlement to state relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a 37 qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such earlier date as 38 reimbursement with respect to such bill is no longer available from the Commonwealth, whichever earlier occurs. 39 Penalties and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax 40 owed. Interest shall be computed from the original due date of the tax. 41 42 Sec. 33. Amount of Levy on Manufactured Homes. 43 There shall be levied and collected for general purposes for the calendar year 2011 taxes on all vehicles without 44 motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of 45 Virginia, at the rate of eighty-nine cents ($0.89) on each one hundred dollars ($100) of assessed valuation thereof. Such 46 property declared a separate class of tangible personal property in Section 58.1-3506 (A) (10). 47 48 Sec. 34. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only. 49 There shall be levied and collected for general purposes for the calendar year 2011 taxes on all boats or watercraft 50 used for business purposes epAy (both boats weighing less than five (5) tons and boats weighing five (5) tons or morel 51 except as provided for in Section 6 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred 52 dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in 53 Sections 58.1-3506 (A) (35) and (A) (36). 54 55 Sec. 45. Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes. 56 There shall be levied and collected for general purposes for the calendar year 2011 taxes on all boats or watercraft 57 not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or more, except as 58 provided for in Section 6 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars 59 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections 60 58.1-3506 (A) (1) (a) and (A) (1) (b). 61 62 Sec. -56. Amount of Levy on Machinery and Tools. 63 in accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general 64 purposes for the calendar year 2011 taxes on machinery and tools, including machinery and tools used directly in the 65 harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one dollar ($1.00) 66 on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of Virginia § 58.1-3506 (B), the 67 following personal property shall also be taxed at the rate of machinery and tools: 68 a. all tangible personal property used in research and development businesses, as described in Code of 69 Virginia § 58.1-3506 (A) (7); 70 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (9); and 71 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to 72 transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of Virginia § 58.1-3506 73 (A)(25). 74 75 Sec. 67. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 76 There shall be levied and collected for general purposes for the calendar year 2011 taxes on all privately owned 77 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.000001) on 78 each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible 79 personal property in Sections 58.1-3506 (A) (12), (A) (28), and (A) (29). 80 81 Sec.78. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes Used 82 for Recreational Purposes Only, and Privately Owned Horse Trailers. 83 There shall be levied and collected for general purposes for the calendar year 2011 taxes at the rate of one dollar 84 and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all 85 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and privately 86 owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for recreational purposes only; and (b) 87 privately owned trailers as defined in § 46.2-100 of the Code of Virginia that are designed and used for the transportation of 88 horses, except those trailers described in subdivision (A) (11) of § 58.1-3505 of the Code of Virginia. Such property 89 declared a separate class of tangible personal property in Sections 58.1-3506 (A) (18) and (A) (30). 90 91 Sec. 99. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 92 There shall be a reduced tax, levied and collected for general purposes for the calendar year 2011 at the rate of 93 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned 94 and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is 95 blind, or who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in 96 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed at the 97 rate or rates applicable to that clas s of property. To qualify, the veteran shall provide a written statement to the 98 Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so designated or 99 classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 (A) (19), and that his or 100 her disability is service connected. Such property declared a separate class of tangible personal property in Section 58.1- 101 3506 (A) (19). 102 103 Sec.010. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty -Five 104 Years of Age or Anyone Found to be Permanently and Totally Disabled. 105 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, levied and 106 collected for general purposes for calendar year 2011, at the rate of three dollars ($3.00) on each one hundred dollars 107 ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used primarily by or for anyone at least 108 sixty-five years of age or anyone found to be permanently and totally disabled, as defined in Section 58.1-3506.3 of the 109 Code of Virginia, subject to the following conditions: 110 1. The total combined income received, excluding the first $7,500 of income, from all sources during 111 calendar year 2009 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars ($22,000). 112 2. The owner's net financial worth, including the present value of all equitable interests, as of December 113 31 of calendar year 2009, excluding the value of the principal residence and the land, not exceeding one (1) acre, upon 114 which it is situated, shall not exceed seventy thousand dollars ($70,000). 115 3. All income and net worth limitations shall be computed by aggregating the income and assets, as the 116 case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of the motor vehicle 117 who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of how such motor vehicle 118 may be titled. 119 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over or if 120 either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied. 121 122 Sec. 1$11. Assessed Value Determination. 123 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above sections 124 shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for the City of Virginia 125 Beach. 126 127 Sec. 1412. Severability. 128 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 129 affect the validity of the remaining portions of this ordinance. 130 131 Sec. 1413. Effective Date. 132 This ordinance shall be effective January 1, 2011. 133 134 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. 135 136 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f Management Services Att ey's Office 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN 2 ANNUAL FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING 3 AND URBAN DEVELOPMENT WHEREAS, the United States Congress has established legislation designated as the Housing and Community Development Act of 1974 that sets forth the development of viable urban communities as a national goal; WHEREAS, there is federal assistance available for the support of Community Development and Housing activities directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's housing stock and community services., along with other related activities; and WHEREAS, as a prerequisite to receiving the above -referenced federal assistance, the City of Virginia Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has created the necessary mechanisms for its implementation in compliance with federal and local directives. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to submit the City's FY 2011 Annual Funding Plan (the "Plan") and amendments thereto, along with understandings and assurances contained therein and such additional information as may be required, to the Department of Housing and Urban Development to permit the review, approval, and funding of the Plan. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Cit s ice 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 DECLARE $8,000,000 OF FUNDING WITHIN THE SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS SURPLUS FUNDS IN THE FY 2009-10 OPERATING BUDGET WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge Special Service District (Sandbridge SSD), were established to provide a funding source for beach and shoreline restoration and management at Sandbridge; WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that funding is adequate for long-term beach and shoreline restoration and management along Sandbridge; WHEREAS, current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient funding to meet long-term obligations for beach and shoreline restoration and management; WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the project; and WHEREAS, $ 8,000,000 is available as an unencumbered appropriation in the FY 2009-10 Sandbridge TIF Reserve for Future Commitments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: (1) That $ 8,000,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the long-term obligations for beach and shoreline restoration and management and is hereby declared surplus. (2) That $ 8,000,000 is hereby transferred within the FY 2009-10 Operating Budget from the Sandbridge TIF to the General Fund — Unappropriated Real Estate Tax Revenues. BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2010. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: of Management Services APPROVED AS TO LEGAL SUFFICIENCY: 1 ffi e I AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO CIGARETTE TAX 2 BY INCREASING THE AMOUNT OF THE TAX 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 5 That Section 35-207 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: 7 Sec. 35-207. Levied; Amount. 8 There is hereby levied and imposed by the City, upon each sale of cigarettes, a tax equivalent to thirty two and fifty 9 32.50) (40.50) mills per cigarette sold within the City, the amount of such tax to be paid by the seller, if not 10 previously paid, in the manner and at the time provided for in this article. The tax shall be reduced by two and one-half 11 (2.5) mills per cigarette on June 30, 2027. There shall be a penalty for late payment of the tax imposed herein in the 12 amount of ten (10) per centum per month, and interest in the amount of three-quarters of -one (0.75) per centum per 13 month, upon any tax found to be overdue and unpaid. 14 15 This ordinance shall be effective July 1, 2010. 16 17 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. 18 19 Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Attor y's Office 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 AMEND THE CITY CODE PERTAINING TO MINIMUM SERVICE AVAILABILITY CHARGES AND WATER USAGE RATE SECTIONS AMENDED: CITY CODE §§ 37-46 AND 37-47 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 37-46 and 37-47 of the Code of the City of Virginia Beach are hereby amended and reordained, to read as follows: Sec. 37-46. Minimum service availability charges prescribed. Each consumer shall pay a monthly minimum service availability charge as follows for each meter connecting his premises with the city water system: Meter Size Monthly Charge: E#eetive july 2009 Effective July 1 2010 5/8 inch `;4:113 4.41 3/4 inch 5-5 5.56 1 inch 7-.-68 7.91 11/2 inch 13.25 13.56 2 inch 2040 20.41 3 inch 3 6. 98 36.31 4 inch 58.79 59.01 6 inch d-iG.89 116.31 8 inch 184.99 184.31 10 inch 264.-80 264.31 12 inch 4988 491.31 Fire Hydrant Meter 36.88 36.31 Sec. 37-47. Water usage rates prescribed. In addition to the charges provided for in section 37-46, each consumer shall pay for water usage the rate of thFee dollaFs and sixty five ceRts ($3.65) peF one thousand (1,000) gallons, as of july 1, 2005, thFee dellaFs and seventy eents ($3.70) peF ene thousand (1,000) gallons, as ef july 1, 2006, thFee dellaFs and eighty rzeRtS ($3.80) P-1 -.,- thousand (1,000) gallens, as of july 1, 2007, thFee dellaFs and Rinety five cents ($3.95) peF one theusand (1,-GGG4 iiiOR 9f i ly 2008 d fOUF dellaFs a efjuly 1 2 four dollars and forty-one cents ($4.41) per one thousand (1000) gallons as of July 1 2010. BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: ,f) ��-) ��. 0 - illi- ` Management Services APPROVED AS TO LEGAL SUFFICIENCY: At or y's Office 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO DEALER AND PAWNBROKER PERMIT APPLICATIONS AND RENEWALS SECTION AMENDED: § 18-32 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 18-32 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained to read as follows: Sec. 18-32. Permit required. (a) No person shall engage in the activities of a dealer as defined in Section 18-76.1, pawnbroker, junk dealer, or secondhand dealer without first obtaining a permit from the chief of police. (b) To obtain a permit, the applicant shall file with the chief of police an application form which includes the applicant's full name, any aliases, address, age, date of birth, sex, and fingerprints; the name, address, and telephone number of the applicant's employer, if any; and the location of the applicant's place of business. Upon filing this application and the payment of the permit fee set forth in subsection (g) of this section, the applicant shall be issued a permit by the chief of police or his or her designee, provided that the applicant has not been convicted of a felony or crime of moral turpitude within seven (7) years prior to the date of application. Further, the permit shall be denied if the applicant has been .denied a permit or has had a permit revoked under any statute or ordinance similar in substance to the provisions of this section, and may be denied if the applicant has been a principal or associate in any partnership, corporation or other business enterprise which has been subject to civil or criminal penalty or any order to cease doing business issued by a federal, state, or local governmental law enforcement or consumer protection agency. (c) The chief of police, prior to issuance or renewal of a permit, shall determine that the applicant intends to conduct business at a fixed and permanent location, and shall require proof of ownership of the proposed business premises by the applicant or the applicant's employer, or evidence of a valid lease of such premises held by the applicant or the applicant's employer of no less duration than the term of the license. Conduct of business from a hotel, motel, temporary lodging unit or similar location shall not satisfy the requirements of this section. (d) No more than sixty (60) days prior to issuance of the permit required by this section, the applicant must have any weighing devices used in the business inspected and approved by local or state weights and measures officials and present written evidence of such approval to the chief of police or his or her designee. (e) This permit shall be valid until the end of the current business license year and may be renewed in the same manner as such permit was initially obtained upon payment of an annual permit fee_ No permit shall be transferable. (f) If the business of the applicant is not operated without interruption, with Saturdays, Sundays and recognized holidays excepted, the applicant shall notify the chief of police of all closings and reopenings of such business. The business of a applicant shall be conducted only from the fixed and permanent location specified in the application for a permit. (g) The initial and annual permit fee shall be two hundred dollars ($200.00) for a dealer as defined in Section 18- 76.1, and one hundred dollars ($100.00) for a pawnbroker, junk dealer or secondhand dealer; provided, however, that if an applicant applies for an initial or renewal permit as a dealer of precious metals and gems at the same time as the applicant applies for an initial or renewal permit as a junk dealer or secondhand dealer, the applicant need only pay the two hundred dollar ($200.00) permit fee. If the chief of police refuses to issue such permit, the applicant shall be notified, in writing, of the reasons for the refusal and the applicant may appeal such refusal to the city council within thirty (30) days from the date of such notice. BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`' day of May, 2010. APPROVED AS TO CONTENT: P 2 zV , 2A Management Services APPROVED AS TO LEGAL SUFFICIENCY: Cit for ffice 1 2 3 4 5 6 follows: AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO PRECIOUS METALS PERMITS SECTION AMENDED: § 27-3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 27-3 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained to read as Sec. 27-3. Authority of department to furnish copies of records, perform certain services, etc., and fees therefore. (a) The department of police is hereby authorized to release forensic photographs after all criminal charges are resolved and when such release is provided by law, to furnish photostatic copies of accident reports and offense reports, and to allow such reports to be viewed by proper persons consistent with the provisions of the Virginia Freedom of Information Act, Code of Virginia § 2.2-3700. (b) The chief of police is hereby authorized to make record checks and reports (local record only) and take fingerprints of individuals on request. For the processing of applications for permits required by law, the following fees shall be charged: (1) Record check and report by name (local) ... $ 15.00 (2) a. First fingerprint card requested by individuals ... 10.00 b. Subsequent fingerprint cards requested by individuals ... 5.00 (3) Certificate for public convenience and necessity ... 50.00 (4) Precious metals.permit ... 200.09 300.00 (5) Vendor permit... 25.00 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Att r 's Uffice 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 AMEND THE CITY CODE PERTAINING TO TAXICAB INSPECTIONS, DRIVER'S PERMIT APPLICATIONS AND PERMIT RENEWALS SECTIONS AMENDED: § 36-72, 36-138 and 36-147 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 36-72, 36-138 and 36-147 of the Code of the City of Virginia Beach, Virginia are hereby amended and reordained to read as follows: Sec. 36-72. Maintenance and inspection. (a) Every taxicab operated in the city shall be kept in good, clean, neat and safe condition and appearance. (b) It shall be the duty of the chief of police to make inspections of taxicabs operated in the city and to maintain records of his or her findings. (c) To defray the cost of performing such inspections, the owner of each vehicle shall pay an annual inspection fee of fifty dollars ($50.00) per vehicle. Sec. 36-138. Application fee. Each person filing an application pursuant to section 36-137 shall pay to the city treasurer an application fee of ten dellaFs ($!0.00� fifty dollars ($50.00). Sec. 36-147. Renewal. A taxicab driver's permit issued under this division may be renewed 49m yeaF to ..o,• every two years by the chief of police, if the applicant for such renewal is, at the time thereof, qualified under the provisions of this division to have issued to him or her an original taxicab driver's permit. At the time of such renewal, two (2) recent photographs of the applicant shall be filed with the chief of police, to be used for the same purpose that photographs filed with an original application are used, along with a renewal fee of ten dellaFS�c— ' , fifty dollars ($50.00) made payable to the city treasurer. BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Cit y's Office I AN ORDINANCE TO IMPLEMENT A TWO-YEAR MORATORIUM ON DEDICATED 2 FUNDING TO OPEN SPACE LAND ACQUISITIONS 3 WHEREAS, Ordinance 2641H allocated funds from increased revenue generated by the two and one-half (2.5) 4 percent increase in the tax on transients obtaining lodging, the two and one-half (2.50) mills increase in the tax levied on 5 the purchase of cigarettes, and the one (1) percent increase in the tax on meals purchased at food establishments; and 6 7 WHEREAS, the Major Projects Special Revenue Fund and Open Space Special Revenue Fund have been established 8 by the FY 2001-02 Appropriations Ordinance to receive the transfers of revenues from these taxes and to provide a means 9 of providing funding to certain projects and obligations; and 10 11 WHEREAS, the Open Space Special Revenue Fund has nearly achieved its goal of acquiring property, and given the 12 need to apply available revenues to other service demands, as provided in the Operating Budget and Capital Improvement 13 Program, the provision of dedicated funds specifically for open space land acquisition is suspended for FY 2010-11 and FY 14 2011-12; and 15 16 WHEREAS, after two years, the funding dedication will be reviewed to determine whether the goals have been 17 accomplished and in the context of the overall City revenues. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 20 21 The dedicated meal tax will still be allocated to the Open Space Special Revenue Fund for operations, debt service, 22 development and maintenance of previously acquired open space property, and park infrastructure. Further, previously 23 appropriated funds will serve as a source of funding for open space property acquisition based on the priorities set by the 24 Open Space Advisory Committee. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: �1'9on�) 0 - Management Services APPROVED AS TO LEGAL SUFFICIENCY: 1 City AtfoYinners Office I A RESOLUTION TO INCREASE THE RESIDENT DISCOUNT FEE FROM $1 TO $2 AT 2 CERTAIN RESORT LOTS AND CITY GARAGES 3 WHEREAS, since 1994 City of Virginia Beach residents with a valid driver's license and a Virginia Beach address pay 4 $1 to park at resort lots or garages after 5 p.m. and all day at Sandbridge and Croatan lots; and 5 6 WHEREAS, an increase of rates would allow the City to cover some operating and maintenance costs of its parking 7 facilities; 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 10 11 That the City Manager or his designee is hereby directed to increase the Resident Discount Fee from $1 to $2 for 12 those city parking lots currently providing $1 for parking for Virginia Beach residents. 13 14 The effective date of this resolution shall be July 1, 2010. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: cAT<ttorjs Office 1 2 3 AN ORDINANCE TO APPLY FOR COMMUNITY DEVELOPMENT BLOCK GRANT SECTION 108 LOAN FUNDS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the Department of Housing and Urban Development has established the Section 108 Loan Program under the Community Development Block Grant Program to provide funding for large community development projects; and WHEREAS, Section 108 Loan funds are necessary to fund the Lighthouse Center Project and other Department of Housing and Neighborhood Preservation programs. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is herby authorized and directed to submit a Section 108 Loan Application to the U.S. Department of Housing and Urban Development (HUD), and to provide such assurances, understandings and additional information as are or may be required by HUD. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: '4D" Q i y ��- Management Services APPROVED AS TO LEGAL SUFFICIENCY: Cit for 0 ce 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO FEES FOR THE 2 IMPOUNDMENT OF ANIMALS, GENERALLY 3 SECTION AMENDED: § 5-401 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 That Section 5-401 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained to read as 6 follows: 7 8 Sec. 5-401. Fees for the impoundment of animals, generally. 9 10 (a) The bureau of animal control is hereby authorized to charge a fee of fifty dollars ($50.00) for the first day an 11 animal is impounded and two dollars ($2.00) per day for each additional day or part thereof for the care of any animal 12 impounded for any reason. 13 14 (b) If a dog or cat impounded under this article is not claimed by its owner or caretaker within five (5) days or 15 within ten (10) days if the dog or cat has a collar, tag, license tattoo, or other form of identification, it shall be disposed of in 16 accordance with the provisions of Code of Virginia § 3.'x.96 3.2-6564. 17 18 (c) In the event any person proposes to adopt such deg OF eat, an animal pursuant to such section, he shall pay a 19 fee of tweRty five dollar` (c".^^` fifty dollars ($50.00) for dogs; twenty dellaFs ($20.00) forty dollars ($40.00) for cats; and 20 fifteen dollars ($15.00) for all other animals to cover the cost of transfer, seizure and basic veterinary care for the animal. 21 Any person adopting an animal spayed or neutered at the expenses of the City shall also incur an additional cost of one 22 hundred dollars ($100.00) for dogs and forty dollars ($40.00) for cats. In the event sterilization services are not available 23 from the City, any person adopting an unaltered animal will be required to deposit an additional one hundred dollars 24 ($100.0b) for dogs and forty dollars ($40.00) for cats which shall be reimbursed if proof of sterilization is presented to the 25 bureau of animal control within thirty (30) days of the adoption. 26 27 (d) The person desiring to adopt the animal shall sign an adoption contract agreeing to abide by the rules and 28 regulations of the bureau of animal control. Any uRalteFed animal must be spayed OF ReuteFed by the buFeau ef animal 29 GeRtFG! priE)F W adeption fer an additional fi#y dellaF ($50.09) fee to eeveF the cost of the pFeeeduFe eF within thiFty (30) 30adoption. 31 32 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2010. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: 0"�) o Management Services APPROVED AS TO LEGAL SUFFICIENCY: CW ttor O ice 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 A RESOLUTION TO TEMPORARILY SUSPEND THE ADOPTION OF THE BUDGET THROUGH AN ANNUAL RATHER THAN BIENNIAL PROCESS WHEREAS, the City adopted a biennial budget process in FY 2005-06 as way to improve the planning and forecasting of resource management decisions; and WHEREAS, given the unprecedented economic uncertainty, the biennial process is not in the best interest of the City at this time. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City of Virginia Beach will prepare a budget on an annual rather than biennial process until a level of stability returns to the economy allowing reasonable projections. BE IT FURTHER RESOLVED: That the effective date of this resolution shall be July 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2010. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: _CAomOTs Office I AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE 2 EXEMPTION OR DEFERRAL OF REAL ESTATE TAXES FOR ELDERLY OR 3 DISABLED PERSONS BY INCREASING INCOME AND NET WORTH 4 LIMITS 5 SECTIONS AMENDED: §§ 35-64 AND 35-67 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows: Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, etc. (a) Either the exemption, deferral or freeze, but not more than one (1), as provided for in this division shall be granted to persons subject to the following provisions: (1) The title to the property for which exemption, deferral or freeze is claimed is held, or partially held, on June thirtieth immediately preceding the taxable year, by the person or persons claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or persons. (2) The head of the household occupying the dwelling and owning title or partial title thereto or either spouse in a dwelling jointly held by a husband and wife is either permanently and totally disabled or is sixty-five (65) years of age or older on June thirtieth of the year immediately preceding the taxable year; provided, however, that a dwelling jointly held by a husband and wife may qualify if either spouse is over sixty-five (65) years of age. (3) For the tax exemption programs, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed sixty- three thousand four hundred and fifty dollars ($63,450) provided that the first ten thousand dollars ($10,000.00) of income of each relative, other than a spouse of the owner, who is living in the dwelling, shall not be included in such total: and provided further that the first ten thousand dollars ($10,000.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (4) For the tax freeze program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed sixty-t#Fee seven thousand ($63,-450) ($67,000); provided that the first ten thousand dollars ($10,000.00) of income of each relative, other than a spouse of the owner, who is living in the dwelling, shall not be included in such total; and provided that the first ten thousand dollars ($10,000.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (5) For the tax exemption programs, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed three hundred and fifty thousand dollars ($350,000.00). (6) For the tax freeze program, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed three hundred and fifty thousand dollars ($350,000.00). (7) For the tax deferral program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed sixty twee seven thousand 52 53 S4 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 (-$63,450) ($67,000); provided that the first ten thousand dollars ($10,000.00) of income of each relative, other than a spouse of the owner, who is living in the dwelling, shall not be included in such total; and provided further that the first ten thousand dollars ($10,000.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (8) For the tax deferral program, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed three hundred and fifty thousand dollars ($350,000.00). (9) The dwelling is occupied. Sec. 35-67. Amount of exemption. When a person claiming exemption under this division conforms to the standards and does not exceed the limitations contained in this division, the tax exemption shall be as shown on the following schedule: Total income, All Sources Tax Exemption $0.00 - $47,100.00 100% $47,100.01- $51,200.00 80% $51,200.01- $55,300.00 60% $55,300.01- $59,400.00 40% $59,400.01- $63,450.00 20% No lien shall accrue as a result of the amount certified as exempt. BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2010. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Attorn s C4ffce 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 AN ORDINANCE TO ADD SECTION 35-41 TO THE CITY CODE PERTAINING TO CLASSIFYING ENERGY EFFICIENT BUILDINGS SECTION ADDED: §35-41 WHEREAS, Section 58.1-3221.2 of the Code of Virginia provides that energy-efficient buildings, not including the real estate or land on which they are located, are a separate class of property from other classifications of real property. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-41 shall be added to the City Code to read as follows: Sec 35-41. Energy Efficient Buildings. ll In accordance with Code of Virginia § 58.1-3221.2 as amended, energy-efficient buildings, not including the real estate or land on which they are located are a separate class of property from other classifications of real property. ib1 The definition of "energy-efficient buildings" and requirements for certification as an "energy-efficient building" shall be in accordance with Code of Virginia § 58.1-3221.2, as amended. ll The owner of an energy-efficient building may apply to the city building official on forms provided by the city building official for certification as an energy-efficient building. ll Upon application by the owner of an energy-efficient building, the city building official shall inspect the property and certify that the building meets the technical requirements for classification. jee) Any appeal of a determination of the city building official under this section shall follow the appeals process provided by local and state law for appeals of determinations under the Virginia Uniform Statewide Building Code. (fj Upon review and certification by the city building official, the application and certification shall be forwarded to the commissioner of the revenue and the real estate assessor for purposes of the city land book and assessment. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 111h day of May, 2010. APPROVED AS TO CONTENT: 0. Management Services APPROVED AS TO LEGAL SUFFICIENCY: I ity At ey ice 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 A RESOLUTION AFFIRMING RESOLUTION 3347 AND PROVIDING FOR EMPLOYEE CONTRIBUTIONS BY PERSONS WHO BECOME A VIRGINIA RETIREMENT SYSTEM MEMBER ON OR AFTER JULY 1, 2010 WHEREAS, the City of Virginia Beach previously affirmed its desire to provide the employee contribution to the Virginia Retirement System (VRS) in Resolution 3347, enacted November 25, 2008; and WHEREAS, the General Assembly has enacted Chapter 737 of the Acts of the Assembly, 2010, which defines a "person who becomes a [VRS] member on or after July 1, 2010" to mean "a person who is not a member of a retirement plan administered by the Virginia Retirement System the first time he [or she] is hired on or after July 1, 2010, in a covered position;" and WHEREAS, additionally, Chapter 737 of the Acts of Assembly, 2010, provides that if the City does not elect to pay the employee portion of member contributions for persons who become a member on or after July 1, 2010, such members shall be required to pay the employee portion of member contributions to VRS. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; That Resolution 3347 is hereby affirmed for any City employee who becomes a VRS member prior to July 1, 2010. BE IT FURTHER RESOLVED; That any City employee who is a "person who becomes a [VRS] member on or after July 1, 2010" shall be required to pay the employee portion of member contributions to VRS. Adopted by the Council of the City of Virginia Beach, Virginia on the 11`h day of May, 2010. APPROVED AS TO CONTENT: r Q Management Services APPROVED AS TO LEGAL SUFFICIENCY: At 's fice WILLIAM D. SESSOMS, JR. Mayor City of Virginia F� each May 4, 2010 Members of City Council Subject: Operating Budget and CIP Reconciliation Recommendations Dear Council Members: VBgoveom MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757)385-4581 FAX(757)385-5699 WSESSOMS@VBGOV.COM The Vice Mayor and I would like to offer the City Council some initial recommendations to get us started on our budget reconciliation. This has been an extremely difficult budget year. The economy continues to be sluggish and the State Budget impacts on the City and School system have changed several times. However, we believe it is critical to produce a budget that does not increase the real estate and personal property tax rates and restores cuts to services that our citizens value highly. The details are attached, but here is our reconciliation proposal in general terms: Last week, the City was notified that the sale of the Waste to Energy Plant was imminent; in fact, we received SPSA's $18.1 million repayment to Virginia Beach last Friday. Due to the uncertainty of this repayment in March, the City Manager's Proposed Budget could not have included this revenue. We believe the best way to allocate these funds is to: ➢ Use $6.2 million toward building two much-needed facilities — the Animal Care and Adoption Center and the Williams Farm Recreation Center. The remaining money to complete these projects would come from the City's retention of $8.8 million in School reversion funds. This would avoid a tax increase to pay for the buildings. We must move quickly to take advantage of the current construction market, which allows us to save money on these projects. We recognize that constructing these buildings will require that we find funding to staff and operate them. We have discussed the use of reversion funding with the School Board Chairman and Superintendent. They understand that not returning this money to the Schools will require them to use more of their reserve fund. Along with the additional $12.1 in State funding, this will hold the adopted School Board Operating Budget harmless. ➢ Dedicate $5.4 million to our fund balance to ensure that it remains at our target of 10% of next year's revenues. ➢ Use $5.1 million to eliminate one cent of the proposed real estate tax rate increase. Members of City Council Operating Budget and CIP Reconciliation Recommendations May 4, 2010 Page 2 ➢ Use $1.4 million to help restore services to the community. • We can eliminate the remaining two cents on the proposed real estate tax rate ($10.2 million) by: ➢ Using $4 million from the Agricultural Reserve Program balance. ➢ Eliminating the Kempsville and Bow Creek Recreation Center renovation project which also eliminates the proposed increase of three -tenths of one cent ($1.5 million) and frees up $1.08 million in the Recreation Center Fund Balance. ➢ Deferring capital projects Shore Drive Phase II design ($600,000), reducing Nimmo Parkway cost estimate ($1.97 million with no scope reduction) and reducing Wetlands Bank project balance ($1 million). • We would eliminate the proposed 10 -cent personal property tax increase by: ➢ Use the savings from the State's lower VRS life insurance rate ($923,000). ➢ Eliminate the facade program ($150,000). Reduce funding for the Consolidated Benefits Office ($107,814). ➢ Reduce the reserve for contingencies ($100,000). • Originally, the Budget proposed increasing the Taxi Cab Driver's Permit fee from $10 to $100 annually. After hearing from several taxi cab companies, we feel this increase is too drastic. We propose increasing the Taxi Cab Driver's Permit fee, which is the responsibility of the cab driver, from $10 annually to $50 biennially and implement a new Taxi Inspection fee of $50 per year to be charged annually, per cab, to the company to which the cab belongs. This new strategy, which was suggested by several speakers, will generate the same revenue as the old proposal (no change in revenues). • We will challenge the Public Works Department to save at least $500,000 a year by hiring a contractor to dispose of yard debris and, hazardous household waste. We included these savings in our proposal. • Though we have concerns about the potential impact on recruitment and retention of new staff, we suggest all new City employees pay 5% toward their retirement benefit costs ($270,000). • State Compensation Board figures received late on April 30th restored $263,059 to the Clerk of the Circuit Court's Office and $276,301 to the Sheriff's Office. However, the other Constitutional Offices took further State reductions. Given this, we recommend restoring half of the funding cut by the City to these Offices. This would restore $82,144 to the Commonwealth's Attorney; $300,000 to the City Treasurer; and $247,000 to the Commissioner of the Revenue. State revenue would be increased by $539,360 and our fund balance use increased by $629,144 to make these restorations. Members of City Council Operating Budget and CIP Reconciliation Recommendations May 4, 2010 Page 3 These recommendations allow us to restore the Police Mounted Patrol and Crime Prevention personnel, restore the Human Rights Commission staff position, keep the C.E.R.T. staff person, retain the Fire Department's Life Safety Educator, restore Sunday hours at the libraries, restore several Human Services programs and improve mowing cycles in rural areas. In all, we added back 30.73 positions that were slated for elimination and restored 11 positions eliminated by the State in the Clerk of Circuit Courts Office. More importantly our employees will not be required to take furlough days or endure pay cuts (specific costs for each of these are on the attachment). It is important to note that these recommendations will still lower the total Operating Budget by $80.2 million and will still require the elimination of 170 City positions. We believe that a smaller City government is a necessary step to take as the economic downturn is still affecting us. This plan makes no changes to the current real estate tax rate of 89 cents and the personal property tax rate of $3.70 but relies heavily on using the $18.1 million we just received from SPSA, several fund balances and School reversion funding. This is the second year in a row that we have used a strategy of "one-time" funding. This will likely not be an option next year. Additionally, we cannot continue to rely on the availability of School funding. To address these structural budget issues, we recommend that the City Manager and staff develop a long-term financing strategy to ensure the City's financial sustainability. This long-term strategy would be discussed with City Council in November and incorporated into our scheduled Five -Year Forecast briefing. The bottom line is we must be able to adequately support our Schools, maintain critical community services, provide benefits to our valued employees and move forward with long-term capital projects. Finally, we'd like to thank several individuals and groups for helping us through this difficult budget process. First, more than 83 citizens let us know their concerns during two public hearings and many others wrote or emailed suggestions. Some citizens believe we don't listen to them, but you will clearly see their input reflected in this proposal. Second, we'd like to acknowledge the hard- working City and School employees who have endured tremendous anxiety in recent weeks. We believe this proposal will minimize the budget's impact on them. We would also like to thank City Manager Jim Spore and Management Services Director Catheryn Whitesell and their staff. This was a particularly challenging process. We have relied heavily on their knowledge, experience and hard work. Thank you. Sincerely, William D. Sessoms, Jr. Mayor Enclosures (1) Louis R. Jones Vice Mayor Changes to the City Portion of the Operating Budget To eliminate the proposed 3 cents increase in the Real Estate Tax rate: Use ARP Fund Balance $ 4,000,000 Use Recreation Center Fund Balance orginially set aside for the Kempsville and Bow Creek Recreation Center renovation $ 1,079,500 Reduce Pay-as-you-go funding in CIP and consider replacing it with fund balance from the SPSA payment. $ 5,086,000 Defer the following projects for one year and reevaluate them with next year's CIP : (2-116) Shore Drive Phase II $ 600,000 (2-121) Nimmo Parkway $ 1,972,500 (2-268) Wetlands Bank $ 1,000,000 (4-505) Modernization of Kempsville and Bow Creek Rec. Centers $ 1,520,000 Total to replace the Real Estate Tax rate increase: $ 15,258,000 To eliminate the proposed 10 cents increase in the Personal Property Tax rate: VRS Life Insurance Savings (rate dropped) $ 923,000 Eliminate Fagade Program $ 150,000 Lower Funding for Consolidated Benefits Office $ 107,814 Lower Reserve for Contingencies $ 100,000 Fund Balance $ 269,186 Total to replace the Personal Property Tax rate increase: $ 1,550,000 Adjustments to make up for lost tax revenues: $ 16,808,000 In response to concerns raised by Citizens and various members of City Council add back the following programs: Operating Budget: FY 2011 FY 2012 Positions Restored Police - Crime Prevention Officers $ 594,718 6.00 Police - Mounted Patrol $ 600,226 7.00 Fire - Community Emergency Response Team (CERT) Staff $ 50,774 1.00 Constitutional Officers - restore half of City reduction Commonwealth's Attorney $ 82,144 - City Treasurer - restore Kempsville Branch Office $ 305,035 5.23 Commissioner of the Revenue $ 247,000 5.50 Constitutional Officers - Additional State Funding Clerk of the Circuit Court $ 263,059 11.00 Sheriff $ 276,301 - Fire - Life Safety Educator $ 52,323 1.00 Human Services - Respite Care Program (PALS) $ 166,000 1..00 Community Employment Program (sheltered workshop) $ 72,000 - Correctional Services Program $ 44,200 - Skillquest (contracted manpower) $ 17,800 - Regional Participation - Virginia DARE Soil Conservation $ 8,000 - Parks and Recreation - restore rural mowing cycle $ 58,185 - Human Resources - Human Rights Commission Staff $ 64,050 1.00 Libraries - Restore Sunday library hours $ 113,000 3.00 Economic Development - Replace lost Bond Sale revenues $ 100,000 - Capital Improvement Program: Animal Care and Adoption Center $ 9,811,000 - Williams Farm Recreation Center $ 5,164,058 $ 19,486,000 Total added to the Operating Budget & CIP: $ 18,089,873 $ 19,486,000 41.73 MRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E School Administration Building • 2512 George Mason Drive - P.O. Box 6038 • Virginia Beach, VA 23456-0038 BUDGET RESOLUTION - FY 2010111 WHEREAS, the mission of the Virginia Beach City Public Schools (VBCPS), in partnership with the entire community, is to empower every SCHOOL BOARD student to become a life-long learner who is a responsible, productive and engaged citizen within the global community; and WHEREAS, the School Board of the City of Virginia Beach has adopted a comprehensive strategic plan and school improvement priorities to Daniel D. Edwards Chairman guide budgetary g g y decisions; and District 1 - Centerville 1513 Beachview Drive WHEREAS, Operating g the School Board has studied the recommended FY 2010/11 0 eratin Budget in view of state and federal requirements, VA Beach, VA 23464 additional demands for space and operations, the strategic plan, priorities, expectations, competitive compensation for employees and the 495-3551 (h) . 717-0259 (c) best educational interests of its students; however, the primary driver of the budget is the down economy and its impact of reduced revenues William J. "Bili" Bmnke, IV at the state and local level; and Vice -Chairman District 7 -Princess Anne WHEREAS, the budgetary impact relating to final actions b the Virginia General Assembly Is known at this time and the School Board 9 ry� P 9 y g' � y' 4099 Foxwood Drive, Suite 201 adjusted the budget accordingly; and Virginia Beach, VA 23462 222-0134 (w) . 286-2772 (c) WHEREAS, VBCPS has for the past three years reduced its operating expenditures by over $50 million dollars less than budgeted levels Todd C. Davidson during these fiscal years in anticipation of the current economic downturn; and At -Large 2424 Savannah Trail WHEREAS, the savings achieved by VBCPS have amounted to over $26.2 million dollars, which would have normal) been used for major y j VA Beach, VA 23456 one-time purchases; and construction projects, which have been deferred in anticipation of these economic challenges; and have budgeted 427-3330 (w) . 285-9409 (c) to use $24 million of the $26.2 million over the biennium; and Emma L. "Em" Davis WHEREAS, the School Board intends to use these school -generated reserves and savings to offset major reductions in both state and local District 5- Lynnhaven 1125 Michaelwood Drive revenues over the next twoears; and y 34 Beach, VA 23452 34tricia WHEREAS the total funds available for FY 2010/11 from the Cit of Virginia Beach to the School Board of the Cit of Virginia Beach under y g y g the Revenue Sharing Policy is $365,762,238; and G. Patricia G. Edmonson District 6 - Beach WHEREAS, the debt service payment is estimated to be $43,859,978, leaving a balance of $321,902,260 to allocate between the Operating 205 34" Street, #1515 VA Beach, VA 23451 Budget and the Capital Improvement Program (CIP), and 675.0137 (c) WHEREAS, the State now requires school divisions to segregate all technology related budgeted expenditures; VBCPS has now shown Brent N. Mckenzie these technology funds in a separate fund (106 Fund) and these funds totaling $23,346,140 will be moved into the "other District 3 - Rose Hall special revenue funds" shown below and the funds available to allocate to the Operating Budget are $298,556,120, and 1400 Brookwood Place VA Beach, VA 23453 NOW, THEREFORE, BE IT 816-2736 (c) Ashley K. McLeod RESOLVED: That the $298,556,120 be allocated as follows: $298,556,120 to the Operating Budget, and $0 to the CIP; and be it At -Large 55 5508 Del Park Avenue FURTHER RESOLVED: That $8,800,000 of Reversion Funds for Year -Ended 6/30/09 and $4,200,000 of the School Reserve Special VA Beach, VA 23455 Revenue Fund (both of these totaling $13,000,000) be added to the Operating Budget bringing the Operating Budget total with these 552.0348 (h) additions to $311,556,120; and be it Patriicc eS. Salyer 9 FURTHER RESOLVED: That the City of Virginia Beach has also transferred $4,104,000 from the Sandbridge TIF to the Schools CIP; and 1741 Seaton Drive be it VA Beach, VA 23464 620.2141 (c) FURTHER RESOLVED: That the School Board of the City of Virginia Beach requests a Lump Sum Appropriation of $639,160,550 for D. Scott Seery FY2010111 from the City Council of Virginia Beach for the School Board FY 2010/11 Operating Budget; and be it At -Large 222 Central Park Ave. Ste 1300 FURTHER RESOLVED: That the School Board of the City of Virginia Beach requests an appropriation of $150,113,067 for special rants P 9 VA Beach, VA 23462 revenue funds comprised of Federal Grants in the amount of $66,895,598, State Grants in the amount of $15,524,028 and other special 333-4042 (w) . 353-7766 (c) revenue funds in the amount of $67,693,441 for the 2010/11 fiscal year and that the total of these funds be included in the Lump Sum Sandra Smith -Jones Appropriation; and be It District 2- Kempsville 705 Rock Creek Court FURTHER RESOLVED: That the total of the Lump Sum Appropriation is $789,273,617; and be it VA Beach, VA 23462 490-8167(h) FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this Board. Carolyn D. Weems Adopted by the School Board of the City of Virginia Beach this 20th day of April, 2010 District 4 - Bayside 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) SEAL ' el 6. Edwar s, irr SUPERINTENDENT m s G. Merrill, S per d nt James G. Merrill, Ed.D. Attest: 2512 George Mason Drive VA Beach, VA 23456 fJ� 263-1007 Dianne P. Alexander, Clerk of the Board School Administration Building • 2512 George Mason Drive - P.O. Box 6038 • Virginia Beach, VA 23456-0038 M � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The FY 2010-11 Capital Improvement Program and Related Ordinances MEETING DATE: May 11, 2010 ■ Background: On March 30, 2010, the City of Virginia Beach FY 2010-11 Proposed Resource Management Plan, which includes the Operating Budget and Capital Improvement Proggram, was presented to City Council. City Council workshops were held on April 8th, 13t , 15th, 20th, 27tH and May 4th to provide information to the City Council. On April 22nd and 27th public hearings were held to provide the public the opportunity to comment on the proposed Resource Management Plan. Considerations: The proposed ordinances were updated to reflect Council's direction at the May 4, 2010 Council Reconciliation Workshop. Attached is a letter (following the ordinances), dated May 4th signed by Mayor William D. Sessoms, Jr. and Vice Mayor Louis R. Jones, outlining the FY 2011 Operating Budget and Capital Improvement Program recommendations. Two noted changes from the attached letter is $19,486,000 of Public Facility Revenue Bonds associated with the construction of the Williams Farm Recreation Center has been moved to FY 2010-11 to ensure all funds are in place prior to placing the project out on bid. Even with this change, the debt per capita measure of $2,400 will not be exceeded. The second change includes funding for handicapped restrooms at Grommet Park which was inadvertently left off the Reconciliation letter. This adds $250,000 to the first year of the Capital Improvement Program. The following ordinances are provided for the Council's consideration and approval to implement the FY 2010-11 Capital Improvement Program. Unless otherwise noted, approval requires an affirmative vote by a majority of the members of City Council. An Ordinance to Adopt the FY 2011/FY 2016 Capital Improvement Program and to Appropriate $201,656,037 for the FY 2011 Capital Budget Subject to Funds Being Provided from Various Sources Set Fourth Herein 2. An Ordinance Authorizing the Issuance of General Obligation Public Improvement Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $68,180,000 for Various Public Facilities and General Improvements 3. An Ordinance to Amend the City Code Pertaining to Sanitary Sewer Service Charges ■ Public Information: Two Public Hearings have been held concerning the Capital Improvement Program. Information on these ordinances will be disseminated to the public through the normal Council agenda process involving the advertisement of the City Council agenda, pursuant to local and State code requirements. ■ Alternatives: No alternatives are available to implement the FY 2010-11 Capital Improvement Program. ■ Recommendations: It is recommended that the attached ordinances implementing the FY 2010 -11 Capital Improvement Program be approved. ■ Attachments: FY 2010-11 Capital Improvement Program ordinances. Letter Dated May 4th from Mayor and Vice Mayor Recommended Action: Approval of Ordinances 4 .. Submitting Department/Agency: Department of Management Services " City Manager:�� 1 AN ORDINANCE TO ADOPT THE FY 2011/FY 2016 CAPITAL IMPROVEMENT 2 PROGRAM AND TO APPROPRIATE $201,656,037 FORTHE FY 2011 CAPITAL 3 BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES 4 SET FORTH HEREIN 5 WHEREAS, the City Manager, on March 30, 2010, presented to City Council the Capital Improvement Program for fiscal 6 years 2011 through 2016; 7 g WHEREAS, City Council held public hearings on the program to provide for public comment; 9 .0 WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital .1 Improvement Program; and .2 3 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 2011 fiscal year, as .4 set forth in said Capital Improvement Program. .5 .6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, capital facilities identified for fiscal years 2011 through 2016 is hereby adopted, and the projects listed therein are hereby approved as capital projects. Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled in any manner at any time by City Council. Section 3. That funds in the amounts aggregating $201,656,037 for capital projects in the Capital Budget for the 2011 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the conditions set forth herein. The amount of funding for individual projects is set forth in "Attachment A—Capital Budget Appropriations," a copy of which is attached hereto. Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the Capital Budget for the 2011 fiscal year as set forth in said Capital Improvement Program are attached to this ordinance as "Attachment B — Financing Sources," Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said Capital Improvement Program and reallocated as identified in "Attachment C —Transfers," a copy of which is attached hereto. Section 6 That reductions in financing sources in support of the Capital Budget for the 2011 fiscal year as set forth in said Capital Improvement Program are attached to this ordinance as "Attachment D — Changes in Financing Sources." Section 6 7. That additional appropriations, the addition of capital projects, and changes in project scope shall not be initiated except with the consent and approval of the City Council first being obtained, and an appropriation for a project in the Capital Improvement Program shall continue in force until the purpose for which it was made has been accomplished or abandoned. Section.78. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract. Section 8 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the Director of Management Services is authorized to approve transfers of appropriations in an amount up to $100,000 between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Management Services is hereby authorized to 53 establish and administer the budgeting of capital projects consistent with best management practices, reporting requirements 54 and the Capital Improvement Program adopted by the City Council. 55 56 Section 8 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer 57 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects" mean 58 water and sewer projects having the same name or project scope and description with the exception of "water" or "sewer" 59 being in the title and/or project scope and description. 60 61 Section 4011. That the City Manager or the Director of Management Services is hereby authorized to change, subject to 62 any applicable restriction of law or of any bonds or bond issue, the financing sources for the various capital projects included in 63 this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or realized 64 revenues. If the financing sources in support of capital projects decline, the City Manager or the Director of Management 65 Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue, those appropriations 66 to equal the changed financing source. The City Manager must give prior notice to the City Council of any reductions to total 67 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the appropriation 68 reduction and the capital projects affected. The accounting records of the City will be maintained in a manner where the total of 69 financing sources is equal to the total appropriations for each of the City's capital projects funds. 70 71 Section 44 12. 'That the Capital Improvement Program debt management policies contained and included in the Resource 72 Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report on the status 73 of those guidelines and the projected impact of the proposed Capital Improvement Program on those guidelines, such 74 information to be included in the Resource Management Plan submittal. The City Manager may propose modifications to those 75 policies and guidelines through the Resource Management Plan. 76 77 Section 43 13. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real 78 property necessary for the project is authorized by means of voluntary negotiation with willing sellers. 79 80 Section 44 14. That violation of this ordinance shall result in the City Manager taking disciplinary action against the 81 person or persons responsible for the capital project in which the violation occurred. 82 83 Section 46 1S. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such 84 decision shall not affect the validity of the remaining portions of this ordinance. 85 86 Section 44 16. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the FY 87 2011 Capital Budget shall be effective on July 1, 2010. 88 89 Adopted by the City Council of the City of Virginia Beach, Virginia on this 11`h day of May, 2010. 90 91 Requires an affirmative vote of the majority of City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Ci to 's Office Project Number Projects City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Buildings - CRO 3103000 Heritage Building - Maintenance Program Buildings - QELL 3175000 Virginia Beach Lifelong Learning Center (Partial) 3262000 TCC Expansion/Operation Smile Headquarters Buildings - QPE Appropriations FY 2010-11 75,000 Total Buildings - CRO Projects 75,000 850,000 Inn nnn Total Buildings - QELL Projects 1,550,000 3125000 Large Vehicle Repair Shop 1,799,970 3366000 Various Buildings HVAC Rehabilitation and Renewal - Ph II 200,000 3367000 Various Buildings Rehabilitation and Renewal - Phase II 419,807 3368000 Various Site Acquisitions 1,436,000 3503000 Lighthouse Multi -Service Center 3,946,000 Buildinqs - SC 3054000 VB Animal Care/Adoption Center & K-9 Unit Replacements 3133000 Fire Training Center Improvements - Phase III 3244000 Fire and Rescue Station - Chesapeake Beach 3317000 Police Special Ops/Forensics/Evidence Complex 3371000 Fire Apparatus - Phase II Coastal 8004000 Various Minor Dredging Projects 8007000 Rudee Inlet Outer Channel Maintenance Dredging 8014000 Lynnhaven Inlet Maintenance Dredging 8023000 Sandbridge Beach Access Improvement & Sand Mgmt 8110000 Eastern Branch Lynnhaven River Dredging 8282000 Sandbridge Beach Restoration 8830000 Rudee Inlet Federal Dredging Total Buildings - QPE Projects 7,801,777 Total Buildings - SC Projects 9,811,000 400,000 754,891 334,719 2,858,361 14,158,971 150,000 280,000 100,000 225,000 795,842 4,345,000 aan nnn Total Coastal Projects 6,355,842 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2010-11 Communications and IT - QO 3052000 CIT- IT Service Continuity 513,998 3068000 CIT - IT Network Infrastructure Replacement - Phase II 207,000 3119000 CIT - Cable Access Infrastructure Replacement Phase 1 313,000 3340000 CIT - Telecommunications Replacement 325,000 3613000 CIT - Analysis of Retirement of Mainframe Applications 128,226 3615000 CIT - Business Rev/Personal Property RACS Implementation 952,000 Total Communications and IT - QO Projects 2,439,224 Communications and IT - SC 3142000 CIT - Communications Infrastructure Replacement - Phase II 1,900,000 Total Communications and IT - SC Projects 1,900,000 Economic and Tourism Dev - EV 9060000 Oceana & Interfacility Traffic Area Conformity & Acquisition 15,000,000 9081000 Strategic Growth Area Projects 2,000,000 9082000 Oceanfront Garages Capital Maintenance 300,000 9141000 Economic Development Investment Program (On -Going) 2,348,556 9500000 Virginia Beach Amphitheater Capital Maintenance 150,000 9503000 Grommet Park Restrooms 250,000 Total Economic and Tourism Dev - EV Projects 20,048,556 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Rural Road Improvements Appropriations Number Projects FY 2010-11 2048000 Parks and Recreation 2072000 4013000 Community Recreation Ctrs Repairs & Renovations - Ph II 2,900,000 4016000 Parks & Special Use Facilities Develop. & Reno. - Phase II 1,171,573 4018000 Greenways, Scenic Waterways & Natural Areas - Phase II 131,473 4024000 Park Playground Renovations - Phase II 300,000 4036000 Tennis Court Renovations - Phase II 100,000 4053000 Field Hockey National Training Center Repairs & Renovations 602,664 4063000 Athletic Fields Lighting & Renovations - Phase II 236,715 4071000 Williams Farm Community Recreation Center - Design & Build 24,650,058 4074000 City Bikeways and Trails Plan Implementation - Phase 1 150,000 4075000 Pedestrian System Improvements - Phase 1 50,000 4080000 Sportsplex & Field Hockey National Training Center Repairs and Renovations - Phase 1 430,100 4306000 Open Space Park Development and Maintenance - Phase 11 750,000 4309000 Mount Trashmore Signature Park Renovations - Phase II 250,000 4501000 Athletic Fields Energy Conservation Renovations 400,000 4502000 Lynnhaven Boat Ramp & Beach Facility Repairs/Renovations 246,833 4503000 Parks & Recreation Administration Offices Relocation 337,500 4504000 Park Parking Lot Repairs & Renovations 50,000 4506000 Parks Infrastructure Renewal and Replacement 825,000 Total Parks and Recreation Projects 33,581,916 Roadways 2021000 Rural Road Improvements 2031000 Street Reconstruction 2039000 Computerized Traffic Signal System Upgrade/Rept. 2048000 Princess Anne Rd./Kempsville Rd. Inter. Impr. (First Cities) 2072000 First Colonial Rd/Va. Beach Blvd. Intersection Imp. 2074000 1-264 Great Neck Ramps 2083000 Diamond Springs Road Bridge Replacement 2121000 Nimmo Parkway -Phase V-A (VDOT) 2143000 Laskin Road Gateway - Phase I -A 2145000 Wesleyan Drive (First Cities Project) 2150000 Salem Rd/Princess Anne Rd Intersection Improvement 2160000 City Wide Street Lighting Improvements - Phase II 2176000 Transportation Network Analysis 2178000 Highway Safety Improvement Program 2190000 Congestion Relief/Safety Improvement Program Phase 1 2263000 Major Bridge Rehabilitation 2300000 Traffic Safety Improvements - Phase III 2837000 Various Cost Participation Projects 100,000 2,150,000 2,725,000 11,047,668 3,700,000 2,030,984 200,000 11,302,320 2,000,000 745,783 154,000 60,000 100,000 2,862,120 5,117,350 660,000 46,152 100,000 Total Roadways Projects 45,101,377 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Number Projects Appropriations FY 2010-11 Schools 1001000 Renovations and Replacements - Energy Management 900,000 1026000 College Park Elementary School Replacement 4,879,954 1078000 Pupil Transportation Services Maintenance Facility 850,000 1099000 Renovations and Replacements - Grounds - Phase II 850,000 1103000 Renovations and Replacements - HVAC Systems - Phase II 3,950,000 1104000 Renovations and Replacements - Reroofing - Phase II 2,800,000 1105000 Renovations and Replacements - Various - Phase II 1,125,000 1106000 Kellam High School Replacement 19,381,846 1232000 Tennis Court Renovations 280,000 Total Schools Projects 35,016,800 Sewer Utility 6019000 Resort Area Neighborhood Revitalization 3,500,000 6041000 Pump Station Modifications - Phase V 2,709,037 6061000 Comprehensive Emergency Response & Planning - Phase II 150,000 6070000 Infiltration, Inflow and Rehabilitation - Phase V 4,600,000 6085000 Sanitary Sewer Aging Infrastructure Program - Phase II 1,200,000 6089000 Comprehensive Sewer Master Planning - Phase IV 200,000 6106000 Various Roadway/Storm Water Coordination - Phase V 100,000 6405000 Customer Information System Version Migration 125,000 6411000 CIT -Service Area Master Planning & Info. System (SAMPIS) 50,000 6451000 Engineering Services - Various Projects - Phase 1 50,000 6501000 Auxiliary Power Program -Sewer Pump Stations -Phase 111 301,963 6506000 Sanitary Sewer System Revitalization Program - Phase 1 4,000,000 6557000 SGA Sanitary Sewer System Improvements 1,200,000 6612000 Pump Station Wet Well Revitalization - Phase 1 400,000 6973000 Sanitary Sewer Capacity Program - Phase 1 1,643,729 Total Sewer Utility Projects 20,229,729 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2010-11 Storm Water 7004000 Storm Water Infrastructure Rehabilitation 3,238,800 7010000 Elizabeth River Shores (Partial) 550,000 7027000 SWM Master Planning, Analysis, and Inventory 150,000 7036000 Baker Road Culvert & Ditch Improvements 270,000 7037000 Bellamy Manor Outfall Ditch 450,000 7038000 Thoroughgood Drainage 95,000 7063000 Neighborhood Storm Water Infrastructure Improvements 185,000 7067000 Primary System Infrastructure Improvements 810,000 7091000 Residential Drainage Cost Participation Program 50,000 7152000 Lake Management 536,280 7153000 Lynnhaven Watershed Restoration 385,000 7159000 Water Quality Participation Projects 100,000 7183000 Storm Water Quality Enhancements 1,806,494 5804000 Total Storm Water Projects 8,626,574 Water Utility 5011000 Beach Garden Park - Kilborne Ct & Holly Rd Improvements 450,000 5046000 Comprehensive Emergency Response & Planning - Phase II 200,000 5090000 Lynnhaven Pkwy = Phase XI Water Improvements (VDOT) 40,000 5255000 Automated Mobile Water Meter Reading System — Phase 11 687,000 5302000 Potable Wells Evaluation Program - Phase II 150,000 5303000 Water Quality Program - Phase III 100,000 5400000 Fire Hydrant Program - Phase 11 100,000 5405000 Customer Information System Version Migration 125,000 5451000 Engineering Services - Various Projects - Phase 1 50,000 5501000 Water Pumping Station and Tank Upgrade Pgm-Phase 1 673,700 5602000 Princess Anne Rd/Kempsville Rd Intersection Improvements 49,300 5708000 Resort Area Neighborhood Revitalization 500,000 5802000 Utility Crossings Condition Assessment - Phase 1 50,000 5804000 Water Line Extension, Replacement & Rehab Pgm-Phase 1 100,000 5805000 Water System Aging Infrastructure Program - Phase 1 900,000 5806000 Backflow Prevention & Cross -Connection Control Pgm-Ph II 136,271 5944000 Princess Anne Rd. Water Improvements -Phase IV (VDOT) 359,000 5967000 Water Resources Investigation & Planning - Phase 1 100,000 Total Water Utility Projects 4,770,271 Total Capital Budget 201,656,037 City of Virginia Beach, Virginia Attachment B — Financing Sources Financing Sources Capital BudgetFY 2010-11 Federal Contribution Franchise Fees 6,308,000 Fund Balance - General Fund 313,000 Fund Balance - Other 31,527,923 General Appropriations 2,515,187 General Obligation Bonds 20,119,856 Private Contribution 68,014,722 Public Facility Revenue Bonds 900900,000 Reimbursement - Interest Expense 19,486,000 Retained Earnings - Parking 2,223,549 Retained Earnings - W ater and Sewer 150,000 Sale of Property 20,150,000 5,989,776 State Contribution 10,481,776 450 Storm Water Utility Fund Water and Sewer Fund 8,626,574 5,000,000 Total Capital Budget 201,656,037 Attachment C- Transfers Appropriations Prior to Project # FY 2010-11 Cultural and Recreational Opportunities Parks and Recreation Proiects Transfer To: 4016000 Parks & Special Use Facilities Develop. & Renvo - Phase II 4300000 Community Rec Centers Repairs & Renovations - Phase III 4304000 Recreation Office and Storage at School Sites - Phase III Transfer From: 4001000 Norfolk Avenue Multipurpose Trail 4008000 Marshview Property Planning 4009000 Community Rec Centers Repairs & Renovations - Phase 1 4030000 Recreation Office and Storage at School Sites - Phase II 4031000 Little Island Pier Access Improvement 4032000 Parking Lot Improvements 4033000 Municipal Skate Parks 4046000 Williams Park Improvement 4950000 Neighborhood Park Development $ 45,268 273,459 92,507 Total Transfer To: $ 411,234 Total Transfer From Quality Education and Lifelong Learning School Proiects Transfer To: 1026000 College Park Elementary School Replacement Transfer From: 1106000 Kellam High School Replacement Quality Organization Communication and Information Technology Proiects Transfer To: 3602000 CIT - Oracle Applications Release 12 Upgrade $ 1,529 5,710 273,459 92,507 8,839 1,511 5,448 17,456 4,775 $ 411,234 $ 2,286,817 Total Transfer To: $ 2,286,817 $ 2,286,817 Total Transfer From: $ 2,286,817 $ 2,376,355 Total Transfer To: $ 2,376,355 Transfer From: 3045000 CIT - Enterprise Data & Information Management Plan - Phase 1 $ 400,000 3079000 CIT - City-wide Municipal Wide Area Network - Phase II 676,355 3082000 CIT - IPv6 Analysis 50,000 3209000 CIT - Enterprise Electronic Records Management System 1,250,000 Total Transfer From: $ 2,376,355 Quality Physical Environment Roadway Proiects Transfer To: 2048000 Princess Anne Rd/Kempsville Rd Intersection Improvements (First Cities) $ 21,020,063 2143000 Laskin Road Gateway - Phase I -A 1,699,924 2300000 Traffic Safety Improvements - Phase III 600,000 Total Transfer To: $ 23,319,987 Transfer From: 2025000 Witchduck Road - Phase II (First Cities) $ 2,091,900 2035000 Avalon Avenue - Avalon Woods 500,000 2067000 Sandbridge Road Safety Improvements 746,045 2072000 First Colonial RoadNirginia Beach Boulevard Intersection Improvements 3,758,414 2076000 Laskin Road Gateway 1,000,000 Attachment C- Transfers Appropriations Project # Prior to FY 2010-11 2115000 Shore Drive Intersections - Demonstration Project 2116000 Shore Drive Corridor Improvements - Phase II (Partial) 2118000 Shore Drive Corridor Improvements - Phase IV 2152000 Elbow Road Extended - Phase II (First Cities) 2157000 Lynnhaven Parkway - Phase IX (VDOT) 2190000 Congestion Relief/Safety Improvement Program - Phase 1 2195000 Princess Anne Road - Phase VII 2256000 Indian River Road - Phase VII (First Cities) 2305000 Princess Anne Road - Phase IV (VDOT) 2931000 Witchduck Road - Phase I (First Cities) Water and Sewer Utility Proiects Transfer To: 5501000 Water Pumping Station and Tank Upgrade Program 5952000 Water Pump Station Flow Monitoring and Data Storage 6041000 Pump Station Modifications - Phase V 6106000 Various Roadway / Stormwater Coordination - Phase V 6501000 Auxiliary Power Program - Sewer Pump Stations - Phase III 6602000 Princess Anne Rd/Kempsville Rd Intersection Improvements 6603000 Witchduck Road - Phase I Sewer Improvements 6804000 Sanitary Sewer Regulatory Compliance Program - Phase 1 6973000 Sanitary Sewer Capacity Program - Phase I Transfer From: 5017000 Public Utilities Public -Access Renovations - Building # 2 5084000 System Expansion Cost Participation Agreements - Phase II 5087000 Bayway Road Water Improvements - 51% Program 5089000 Various Roadway /Storm Water Coordination - Phase V 5092000 Landstown Yard Improvements - Phase III 5119000 Flow Monitoring System 5130000 Lynnhaven Parkway Extended 5131000 Tank Upgrade Progam - Phase III 5162000 Backflow Prevention & Cross -Connection Control 5163000 Various Water Infrastructure Maintenance Support 5166000 Automated Mobile Water Meter Reading System 5167000 Water Tank Upgrade Program - Phase III 5401000 Records Management Improvements 5601000 First Colonial RdNa. Beach Blvd Intersection Improvements 5604000 Princess Anne Road Water Improvements - Phase VII 5752000 HVAC Bldg. 20 5801000 Various Water Infrastructure Maintenance Program - Phase II 5803000 Water Valve Condition Assessment & Maintenance 6027000 Kenley Rd / Bonney Rd Sewer Improvements - 51% Program 6031000 Sewer Appurtenances Evaluation & Improvements 6033000 Infiltration, Inflow & Rehabilitation - Phase III 6081000 Laskin Road Phase II & Gateway Improvements 6086000 Public Utilities Public Access Renovations - Building # 2 6138000 Landstown Yard Improvements - Phase III 6148000 System Expansion Cost Participation Agreements - Phase II 6149000 Princess Anne Sewer Force Main Phase IV (VDOT) 6178000 Virginia Beach Middle School Water & Sewer Improvements 6502000 Private Sanitary Sewer Pump Station Abandonment Program 6601000 First Colonial Rd/Va. Beach Blvd Intersection Improvements 250,000 600,000 1,699,924 3,254,885 750,000 500,000 592,923 5,500,000 1,075,896 1,000,000 Total Transfer From: $ 23,319,987 $ 139,966 286,176 734,848 31,655 198,037 69,600 25,600 3,599,024 1,856,271 Total Transfer To: $ 6,941,177 350,000 500,000 61,021 240,000 500,000 286,176 15,466 17,476 3,551 923 200,000 72,490 78,226 130,000 850,000 11,891 50,000 991 345,000 57,285 26,106 20,800 350,000 700,000 1,000,000 210,000 310,000 253,690 190,000 Attachment C- Transfers Appropriations Prior to Project # FY 2010-11 6604000 Witchduck Rd - Phase II Sewer Improvements 3,501 6752000 HVAC Bldg. 20 11,891 6801000 Various Sewer Infrastructure Maintenance Support— Phase II 85,129 6803000 Sewer Valve Condition Assessment & Maintenance 9,564 Total Transfers From: $ 6,941,177 Safe Community Building Proiects Transfer To: 3244000 Fire and Rescue Station - Chesapeake Beach 3365000 Fire Facility Rehabilitation and Renewal - Phase II Transfer From: 3248000 Fire and Rescue Station - Blackwater Various Business Areas $ 193,909 100,000 Total Transfer To: $ 293,909 $ 293,909 Total Transfer From: $ 293,909 Transfer To: 2052000 Traffic Signal Rehabilitation 2300000 Traffic Safety Improvements - Phase III 2401000 Greenwich Road/Cleveland Street Crossover 3093000 CIT - Planning - Business System Integration Implementation 3102000 Alarm System Monitoring/MOSCAD 3503000 Lighthouse Multi -Service Center 3602000 CIT - Oracle Applications Release 12 Upgrade Transfer From: 0601000 Housing CD Loan and Grant FY 2009-10 (grant funding) 2268000 Wetlands Mitigation Banking 3344000 Police Fourth Precinct - Replacement (Partial) 3084000 CIT - eGIS - Digital Submission of Construction Plans 3368000 Various Site Acquisitions $ 100,000 603,848 3,700,000 296,152 315,496 295,000 104,000 Total Transfer To: $ 5,414,496 Total Transfer From $ 295,000 $ 1,000,000 315,496 104,000 3,700,000 $ 5,414,496 Attachment D - Reductions in Non -City Funding Amount of Funding Project # Reduction Source Cultural and Recreational Opportunities 4017000 Golf Courses Equipment and Infrastructure - Phase II $ 200,000 Golf Course Enterprise Fund 4020000 Shore Drive Corridor Trails - Phase 1 3,477 State Contribution 4076000 Playgrounds on the Beach 7,500 Va Beach Hotel/Motel Assn Total Reduction: $ 210,977 Quality Physical Environment 2165000 Laskin Road -Phase II (First Cities) (Partial) $ 1,000,000 State Contribution Total Reduction: $ 1,000,000 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION 2 PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, 3 VIRGINIA, IN THE MAXIMUM AMOUNT OF $68,180,000 FOR VARIOUS 4 PUBLIC FACILITIES AND GENERAL IMPROVEMENTS 5 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general obligation 6 public improvement bonds for various purposes in the maximum amount of $68,180,000, as permitted bythe City Charter, without 7 submitting the question of their issuance to the qualified voters. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 10 11 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various 12 public facilities and make general improvements, all of which will promote the public welfare of the City and its inhabitants and 13 will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the 14 borrowing of up to $68,180,000 and issuing the City's general obligation bonds therefor. 15 16 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be 17 issued general obligation public improvement bonds of the City in the maximum amount of $68,180,000, to provide funds, 18 together with other funds that may be available, for various public improvement projects, including School, Roadway, Coastal, 19 Economic and Tourism, and Building projects, for project activities that include, but are not limited to, the following: preliminary 20 studies and surveys, permit compliance, environmental assessment, planning, design, engineering, site acquisition, relocation of 21 residents, utility relocation, construction, renovation, expansion, repair, demolition, site improvement, site work, legal services, 22 inspection and support services, furniture and equipment, and contingencies. 23 24 3. That the bonds may be issued as a separate issue at one time or in part from time to time or combined with 25 bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds. 26 27 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their 28 dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time ortimes and in such 29 manner as the Council may hereafter provide by appropriate resolution or resolutions. 30 31 5. That the bonds shall be general obligations of the City for the payment of the principal, premium, if any, and 32 interest on which its full faith and credit shall be irrevocably pledged. 33 34 6 All or any portion of the bonds may be issued under any applicable taxable bond program authorized by the 35 American Recovery and Reinvestment Act The debt service on any such bonds will be budgeted and accounted for on a gross 36 basis (before the subsidy) with a corresponding revenue line equal to the federal subsidy. 37 38 7 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the 39 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the 40 issuance of the Bonds. 41 42 8 -7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a 43 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 44 45 9 8. That this ordinance shall be in full force and effective from its passage. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia on this 11`h day of May, 2010. 48 49 Adoption requires the affirmative vote of two-thirds of all members of the City Council. APPROVED AS TO CONTENT: I Management Services APPROVED AS TO LEGAL SUFFICIENCY: r C' orn s ffice 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO SANITARY SEWER SERVICE CHARGES SECTIONS AMENDED: CITY CODE § 28-26 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 28-26 of the Code of the City of Virginia Beach is hereby amended and reordained, to read as follows: Sec. 28-26. Sanitary sewer charges established. The following monthly charges are hereby established with respect to all property connected directly or indirectly to the public sewer system maintained by the city: 1) Residential uses: a) Single-family detached residences: $15.92 effeetive july 1, 2005 d $!6.89 e4eGt*ye july , 2006, and $17.72 e4ective july 1, 200:7,. and $!8.61 e4eetive july 1, , $19.54 effective July 1, 2009, and $22.12 effective July 1 2011• and $24.86 effective July 1 2012• and $27.76 effective July 1 2013• and $30.81 effective July 1, 2014. b) Structures with two (2) or more family residential units with one (1) connection to the public sewer system, except where structures meet the criteria set forth in subsection (e), and trailer parks: (1) First unit or trailer: $ 92 ff +' i 200 and—.$. 1v 98 a eet' cul 2006 and T r � , , , $19.54 effective July 1, 2009 and $22.12 effective July 1 2011• and $24.86 effective July 1 2012• and $27.76 effective July 1 2013• and $30.81 effective July 1, 2014. (2) Each additional unit or trailer: $11.94 effec4ive july 1, 2005 and $12.66 effective july 1 2006, a $13.29 effective i i 1, 2007Rd $13.9S effective iuly 2009 $14.65 effective July 1, 2009, and $16.60 effective July 1 2011• and $18.66 effective July 1 2012• and $20.83 effective July 1 2013• and $23.12 effective July 1, 2014. c) Hotels and motels: (1) First room provided for occupancy: $15.92 effective july 1, 2005 and $16.88 effective july 1, 20066, and $17.72 effective july 1, 2007, and $18.61 effeetive july !, , $19.54 effective July 1, 2009, and $22.12 effective July 1 2011• and $24.86 effective July 1 2012• and $27.76 effective July 1 2013• and $30.81 effective JuIV 1, 2014. (2) Each additional room provided for occupancy: $6.39 effective july ', 2005,andeffeGtive july 11 2006, and $:741 effeetive july !, 2007, and $7.47 effective july 1, , $7.84 effective July 1, 2009, and $8.89 effective July 1 2011• and $9.99 effective July 1 2012• and $11.15 effective July 1 2013; and $12.38 effective July 1, 2014. d) Campgrounds: 44 (1) First space provided: 45 $17.72 effeetWe july 1, 2087, and $18.61 e4eEtive july, $19.54 effective July 1, 2009, and $22.12 effective July 46 1, 2011; and $24.86 effective July 1 2012• and $27.76 effective July 1 2013• and $30.81 effective July 1 2014. 47 48 (2) Each additional space provided: $6.39 effeGtive july !, 2005, and 49 .,.,,� c7.1! effective� ' �nnc , $7.84 effective July 1, 2009, and $8.89 effective 50 July 1. 2011; and $9.99 effective July 1 2012• and $11.15 effective July 1 2013• and $12.38 effective July 1 2014. 51 52 e) If a structure or property has two (2) or more family residential units, each of which is directly 53 connected to the public sewer system owned and operated by the city, the charge for individual unit(s) shall be no less 54 than $15.92 peF uRit-e4eGtive july 1, 2005, and $16.89 peF unit e4eetive july 1, 2006 and $17.72 peF unit effective MY 55 , $19.54 per unit effective July 1, 2009, and $22.12 effective July 1 56 2011; and $24.86 effective July 1 2012• and $27.76 effective July 1 2013• and $30.81 effective July 1 2014. 57 58 f) Separately metered multi -unit structures served by a privately -owned, on-site sewer collection 59 system with a single connection point to the city's sewer system shall be charged $11.94 peF unit -effective wly I ;100g 60 and $ 2.66 4 tieffective , $14.65 effective 61 July 1, 2009 and $16.60 effective July 1 2011• and $18.66 effective July 1 2012• and $20.83 effective July 1 2013 and 62 $23.12 effective July 1, 2014. 63 64 2) Nonresidential uses: 65 Fffe^ri..., i l 1 70 66 seFVice chaFge shall 67 s 68 69 Tap Size Menthly ChaFge 70 314 insh r 15.°8 71 1 inch 28,18 72 1 1/2 ineh 89.95• 73 2 insh 60.55• 74 3 inch �lgvge 75 4 ineh 198. 76 6 ineh BgF�t 77 8 insh 92g 78 10 i�tsh 1 Sgt 79 12 inch 2,32144 80 81 E4eGt*ve july 1, 2006, fE)F all RenFesidential uses which theFe us alse supplied public; wateF 82 ' 83 d; as peF the fellewiRg 84 85 Tai Size MeR##N�afge 86 3/4 inch 87 1 inch,g� 88 1 1¢2 ineh 42.35 89 2 ineh X18 90 3 insh 12T98 91 4 inch 210.47 92 6 insh ^22 42 93 8 Fr�e�i nog �n 94 10 inch 'cam' 04 95 12 ;nrzh 96 97 Fffpet*�-�� -14-Ily 1, 200:7, feF all RE)RFeSident.al uses in which theFe is also supplied publirz wateF seFv;c;e, t e sa i a y 98 99 100 101 Tap Size Monthly Charge 102 8�4 i*eh 103 i uRch n 104 11/2 iReh nn n 105 2 inch 67.39 106 3 ineh � I, I- 107 4 iReh 220.99 108 6iRch nna cn 109 8 onch 110 10 inch 111 12 inch 2,583.43 112 113 Effective --ly 2008, fer all RenFesidential uses iR whiGh theFe is also supplied publiG water service, the 5anitaFy 5eweF 114 sp.rvicp charge rhall he deteFFnined by the size of the wateF tap thFOUgh which wateF iS PFE)vided, as peF the fell 115 schedule: 116 117 Tap Size nnnn+hl„rh Fge 118 3�4 119 1 120 11/2 46.69 121 2+nGh 70.76 122 3 inch i 3g 90 123 4 232.04 124 6 inch 465 77 125 8 inch 1,()81 .:7:7 126 10 1,789ffi34 127 12 2,712.6G 128 129 Effective July 1, 2009, for all nonresidential uses in which there is also supplied public water service, the sanitary sewer 130 service charge shall be determined by the size of the water tap through which water is provided, as per the following 131 table: 132 133 Tap Size Monthly Charge 134 3/4 inch $19.61 135 1 inch 24.76 136 11/2 inch 49.02 137 2 inch 74.30 138 3 inch 145.85 139 4 inch 243.64 140 6 inch 489.01 141 8 inch 1,135.86 142 10 inch 1,878.81 143 12 inch 2,848.23 144 145 Effective july 1, 23A9, July 1, 2011, for all nonresidential uses in which there is also supplied public water service, the 146 sanitary sewer service charge shall be determined by the size of the water tap through which water is provided, as per 147 the following table: 148 149 Tap Size Monthly Charge Effective July 1 2011 150 3/4 inch $19.661 lzzii 151 1 inch 24-7-6, 28.04 152 11/2 inch 492 55.52 153 2 inch 24.38 84.15 154 3 inch 145.85 165.18 155 4 inch 343.64 275.94 156 6 inch 483:81 553.83 157 8 inch 1,135.86 1,286.00 158 10 inch 1,°��81 2,128.00 159 12 inch 2,Q�48.23 3,226.00 160 161 162 Effective ul; 1, 2 41, July 1, 2012, for all nonresidential uses in which there is also supplied public water service, the 163 sanitary sewer service charge shall be determined by the size of the water tap through which water is provided, as per 164 the following table: 165 166 Tap Size Monthly Charge Effective July 1 2012 167 3/4 inch $22.21 24 97 168 1 inch 284 31.52 169 11/2 inch 55.2 62.40 170 2 inch 845 94.58 171 3 inch 4:6948 185.66 172 4 inch 275.94 310.16 173 6 inch 5533.83 622.50 174 8 inch 1,286.00 1,446.00 175 10 inch 2,28 ;00 2,392.00 176 12 inch 3,226.00 3,626.00 177 178 Effectivej„„,�'2012, July 1, 2013, for all nonresidential uses in which there is also supplied public water service, the 179 sanitary sewer service charge shall be determined by the size of the water tap through which water is provided, as per 180 the following table: 181 182 Tap Size Monthly Charge Effective July 1 2013 183 3/4 inch $24.97 JZLL6 184 1 inch 31..52 35.43 185 11/2 inch 628 70.14 186 2 inch 94.58 106.31 187 3 inch 185.66 208.68 188 4 inch 3316 348.61 189 6 inch 650 699.67 190 8 inch 1,44Er.99 1,625.00 191 10 inch 2,'�JJ2.()O 2,688.00 192 12 inch 36.00 4,075.00 193 194 Effective A4y July 1, 2014, for all nonresidential uses in which there is also supplied public water service, the 195 sanitary sewer service charge shall be determined by the size of the water tap through which water is provided, as per 196 the following table: 197 198 Tap Size Monthly Charge Effective July 1, 2014 199 3/4 inch c'� $31.15 200 1 inch 3543 39.32 201 11/2 inch 7044 77.84 202 2 inch 196.31 117.98 203 3 inch 398.68 231.60 204 4 inch 348.61 386.89 205 6 inch 699677 776.51 206 8 inch ',=300 1,804.00 207 10 inch 2,688:00 2,983.00 208 12 inch 4;07308 4,523.00 209 210 a) For all nonresidential uses in which public water service is not available, the monthly charge shall 211 be as follows: 212 (1) 0-4 commodes: $3195-effective duly 1, 2005 d $33.87 effective i l ! -2006 and 213 , $39.21 effective July 1, 2009 and $44.40 effective July 214 1 2011• and $49.90 effective July 1 2012• and $55.72 effective July 1 2013• and $61.83 effective July 1, 2014. 215 216 (2) Each additional commode over four (4): $6.39 effeEtive l, ' 2005 and $6.7-:7 e4ee 217 , $7.84 effective July 1, 2009 and $8.89 218 effective July 1 2011• and $9 99 effective July 1 2012• and $11.15 effective July 1 2013• and $12.38 effective July 1, 219 2014. 220 221 The charges prescribed in this section shall be calculated for each service period by multiplying the number of days in 222 the service period by the applicable daily charge for the rates on a twelve (12) month basis. 223 224 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: C' At e s Office City of Virginia T3 each ;ko - z OF OUR NAS"'�S WILLIAM D. SESSOMS, JR. Mayor May 4, 2010 Members of City Council Subject: Operating Budget and CIP Reconciliation Recommendations Dear Council Members: VBgovcom MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757)385-4581 FAX (757) 385-5699 WSESSOMS@VBGOV.COM The Vice Mayor and I would like to offer the City Council some initial recommendations to get us started on our budget reconciliation. This has been an extremely difficult budget year. The economy continues to be sluggish and the State Budget impacts on the City and School system have changed several times. However, we believe it is critical to produce a budget that does not increase the real estate and personal property tax rates and restores cuts to services that our citizens value highly. The details are attached, but here is our reconciliation proposal in general terms: • Last week, the City was notified that the sale of the Waste to Energy Plant was imminent; in fact, we received SPSA's $18.1 million repayment to Virginia Beach last Friday. Due to the uncertainty of this repayment in March, the City Manager's Proposed Budget could not have included this revenue. We believe the best way to allocate these funds is to: ➢ Use $6.2 million toward building two much-needed facilities — the Animal Care and Adoption Center and the Williams Farm Recreation Center. The remaining money to complete these projects would come from the City's retention of $8.8 million in School reversion funds. This would avoid a tax increase to pay for the buildings. We must move quickly to take advantage of the current construction market, which allows us to save money on these projects. We recognize that constructing these buildings will require that we find funding to staff and operate them. We have discussed the use of reversion funding with the School Board Chairman and Superintendent. They understand that not returning this money to the Schools will require them to use more of their reserve fund. Along with the additional $12.1 in State funding, this will hold the adopted School Board Operating Budget harmless. ➢ Dedicate $5.4 million to our fund balance to ensure that it remains at our target of 10% of next year's revenues. ➢ Use $5.1 million to eliminate one cent of the proposed real estate tax rate increase. Members of City Council Operating Budget and CIP Reconciliation Recommendations May 4, 2010 Page 2 ➢ Use $1.4 million to help restore services to the community. • We can eliminate the remaining two cents on the proposed real estate tax rate ($10.2 million) by: ➢ Using $4 million from the Agricultural Reserve Program balance. Eliminating the Kempsville and Bow Creek Recreation Center renovation project which also eliminates the proposed increase of three -tenths of one cent ($1.5 million) and frees up $1.08 million in the Recreation Center Fund Balance. ➢ Deferring capital projects Shore Drive Phase II design ($600,000), reducing Nimmo Parkway cost estimate ($1.97 million with no scope reduction) and reducing Wetlands Bank project balance ($1 million). • We would eliminate the proposed 10 -cent personal property tax increase by: ➢ Use the savings from the State's lower VRS life insurance rate ($923,000). ➢ Eliminate the facade program ($150,000). ➢ Reduce funding for the Consolidated Benefits Office ($107,814). ➢ Reduce the reserve for contingencies ($100,000). • Originally, the Budget proposed increasing the Taxi Cab Driver's Permit fee from $10 to $100 annually. After hearing from several taxi cab companies, we feel this increase is too drastic. We propose increasing the Taxi Cab Driver's Permit fee, which is the responsibility of the cab driver, from $10 annually to $50 biennially and implement a new Taxi Inspection fee of $50 per year to be charged annually, per cab, to the company to which the cab belongs. This new strategy, which was suggested by several speakers, will generate the same revenue as the old proposal (no change in revenues). • We will challenge the Public Works Department to save at least $500,000 a year by hiring a contractor to dispose of yard debris and hazardous household waste. We included these savings in our proposal. • Though we have concerns about the potential impact on recruitment and retention of new staff, we suggest all new City employees pay 5% toward their retirement benefit costs ($270,000). • State Compensation Board figures received late on April 301h restored $263,059 to the Clerk of the Circuit Court's Office and $276,301 to the Sheriff's Office. However, the other Constitutional Offices took further State reductions. Given this, we recommend restoring half of the funding cut by the City to these Offices. This would restore $82,144 to the Commonwealth's Attorney; $300,000 to the City Treasurer; and $247,000 to the Commissioner of the Revenue. State revenue would be increased by $539,360 and our fund balance use increased by $629,144 to make these restorations. Members of City Council Operating Budget and CIP Reconciliation Recommendations May 4, 2010 Page 3 These recommendations allow us to restore the Police Mounted Patrol and Crime Prevention personnel, restore the Human Rights Commission staff position, keep the C.E.R.T. staff person, retain the Fire Department's Life Safety Educator, restore Sunday hours at the libraries, restore several Human Services programs and improve mowing cycles in rural areas. In all, we added back 30.73 positions that were slated for elimination and restored 11 positions eliminated by the State in the Clerk of Circuit Courts Office. More importantly our employees will not be required to take furlough days or endure pay cuts (specific costs for each of these are on the attachment). It is important to note that these recommendations will still lower the total Operating Budget by $80.2 million and will still require the elimination of 170 City positions. We believe that a smaller City government is a necessary step to take as the economic downturn is still affecting us. This plan makes no changes to the current real estate tax rate of 89 cents and the personal property tax rate of $3.70 but relies heavily on using the $18.1 million we just received from SPSA, several fund balances and School reversion funding. This is the second year in a row that we have used a strategy of "one-time" funding. This will likely not be an option next year. Additionally, we cannot continue to rely on the availability of School funding. To address these structural budget issues, we recommend that the City Manager and staff develop a long-term financing strategy to ensure the City's financial sustainability. This long-term strategy would be discussed with City Council in November and incorporated into our scheduled Five -Year Forecast briefing. The bottom line is we must be able to adequately support our Schools, maintain critical community services, provide benefits to our valued employees and move forward with long-term capital projects. Finally, we'd like to thank several individuals and groups for helping us through this difficult budget process.. First, more than 83 citizens let us know their concerns during two public hearings and many others wrote or emailed suggestions. Some citizens believe we don't listen to them, but you will clearly see their input reflected in this proposal. Second, we'd like to acknowledge the hard- working City and School employees who have endured tremendous anxiety in recent weeks. We believe this proposal will minimize the budget's impact on them. We would also like to thank City Manager Jim Spore and Management Services Director Catheryn Whitesell and their staff. This was a particularly challenging process. We have relied heavily on their knowledge, experience and hard work. Thank you. Sincerely, i4 . - ` William D. Sessoms, Jr. Mayor Enclosures (1) Louis R. Jones Vice Mayor Changes to the City Portion of the Operating Budget To eliminate the proposed 3 cents increase in the Real Estate Tax rate: Use ARP Fund Balance $ 4,000,000 Use Recreation Center Fund Balance orginially set aside for the Kempsville and Bow Creek Recreation Center renovation $ 1,079,500 Reduce Pay-as-you-go funding in CIP and consider replacing it with fund balance from the SPSA payment. $ 5,086,000 Defer the following projects for one year and reevaluate them with next year's CIP : (2-116) Shore Drive Phase II $ 600,000 (2-121) Nimmo Parkway $ 1,972,500 (2-268) Wetlands Bank $ 1,000,000 (4-505) Modernization of Kempsville and Bow Creek Rec. Centers $ 1,520,000 Total to replace the Real Estate Tax rate increase: $ 15,258,000 To eliminate the proposed 10 cents increase in the Personal Property Tax rate: VRS Life Insurance Savings (rate dropped) $ 923,000 Eliminate Fagade Program $ 150,000 Lower Funding for Consolidated Benefits Office $ 107,814 Lower Reserve for Contingencies $ 100,000 Fund Balance $ 269,186 Total to replace the Personal Property Tax rate increase: $ 1,550,000 Adjustments to make up for lost tax revenues: $ 16,808,000 In response to concerns raised by Citizens and various members of City Council add back the following programs: Operating Budget: FY 2011 FY 2012 Police - Crime Prevention Officers $ 594,718 Police - Mounted Patrol $ 600,226 Fire - Community Emergency Response Team (CERT) Staff $ 50,774 Constitutional Officers - restore half of City reduction Commonwealth's Attorney $ 82,144 City Treasurer - restore Kempsville Branch Office $ 305,035 Commissioner of the Revenue $ 247,000 Constitutional Officers - Additional State Funding Clerk of the Circuit Court $ 263,059 Sheriff $ 276,301 Fire - Life Safety Educator $ 52,323 Human Services - Respite Care Program (PALS) $ 166,000 Community Employment Program (sheltered workshop) $ 72,000 Correctional Services Program $ 44,200 Skillquest (contracted manpower) $ 17,800 Regional Participation - Virginia DARE Soil Conservation $ 8,000 Parks and Recreation - restore rural mowing cycle $ 58,185 Human Resources - Human Rights Commission Staff $ 64,050 Libraries - Restore Sunday library hours $ 113,000 Economic Development - Replace lost Bond Sale revenues $ 100,000 Positions Restored 6.00 7.00 1.00 5.23 5.50 11.00 1.00 1.00 1.00 3.00 Capital Improvement Program: Animal Care and Adoption Center $ 9,811,000 - Williams Farm Recreation Center $ 5,164,058 $ 19,486,000 Total added to the Operating Budget & CIP: $ 18,089,873 $ 19,486,000 41.73 R h''Zq of C .f x CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Second Amendment to the Purchase Agreement Between the City and LifeNet MEETING DATE: May 11, 2010 ■ Background: In June 2003, the City of Virginia Beach sold approximately 15.82 acres of real property to LifeNet. At the time of the sale, the City granted LifeNet a ten (10) year option for a contiguous parcel (the "Option Parcel") comprising approximately 6.57 acres of land for the company's future expansion plans. LifeNet pays $10,000 annually for the right of this option. ■ Option Parcel Year 1-7 Purchase Price: $125,000/acre (with an annual escalator based on the Consumer Price Index) (expires on June 10, 2010) ■ Option Parcel Year 8-10 Purchase Price: Fair Market Value ■ Considerations: LifeNet and City staff have requested that the Year 1-7 Purchase Price be extended by six (6) months to expire on December 10, 2010, so that LifeNet has additional time at the Year 1-7 Purchase Price (as opposed to the Year 8-10 Purchase Price) to develop and finalize its expansion plans. ■ Public Information: Public Information for this item will be handled through the normal Council agenda process. ■ Alternatives: The City Council can choose to not extend the Year 1-7 Purchase Price, and require that the expiration date for the Year 1-7 Purchase Price remain June 10, 2010 and that all other terms related to LifeNet's option to purchase the Option Parcel remain unmodified and be implemented. ■ Recommendations: Authorize the City Manager to execute the Second Amendment to Purchase Agreement in accordance with the Summary of Terms attached hereto. ■ Attachment: Ordinance, Summary of Terms Recommended Action: Approval SubmittingDepartment/Agency: Economic Development City Manager. l� .W WL- 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A SECOND 3 AMENDMENT TO THE PURCHASE AGREEMENT 4 BETWEEN THE CITY AND LIFENET 5 6 WHEREAS, the City of Virginia Beach (the "City") as Seller, and LifeNet, a 7 Virginia non -stock corporation ("LifeNet"), as Buyer, are parties to a certain Agreement 8 of Sale (the "Purchase Agreement") dated March 26, 2003, relating to a 15.82 acre 9 parcel of real property and a 6.57 acre parcel of real property (the "Option Parcel"), 10 located in the City of Virginia Beach; 11 12 WHEREAS, the City and LifeNet entered into a First Amendment to Agreement 13 of Sale on July 9, 2008; 14 15 WHEREAS, LifeNet's option to purchase the Option Parcel currently expires on 16 June 10, 2013; 17 18 WHEREAS, the purchase price for the Option Parcel from June 11, 2003 19 through June 10, 2010 is One Hundred Twenty Five Thousand and 00/100 Dollars 20 ($125,000) per acre, with an annual escalator based on the Consumer Price Index (the 21 "Year 1-7 Purchase Price"); 22 23 WHEREAS, the purchase price for the Option Parcel from June 11, 2010 through 24 June 10, 2013 is the fair market value of the Option Parcel; 25 26 WHEREAS, LifeNet and City Staff have requested that the Year 1-7 Purchase 27 Price be extended by six (6) months until December 10, 2010 so that LifeNet can 28 develop and finalize its expansion plans; 29 30 WHEREAS, the City Council is of the opinion that the Second Amendment to the 31 Purchase Agreement is in the best interests of the City of Virginia Beach. 32 33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 36 That the City Manager is hereby authorized to execute a Second Amendment to 37 Purchase Agreement amending the Purchase Agreement in accordance with the 38 Summary of Terms attached hereto and such other terms and conditions deemed 39 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 40 City Attorney. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 43 , 2010. APPROVED AS TO LEGAL SUFFICIENCY AND FORM KIN'll'"Im-In Signature CA11418 , vbgov.comlDFSIiApphcatioms CityLAwProd,cycom32`,Wpdocs',D028%P008`.00053700.DOC R-1 April 28, 2010 APPROVED AS TO CONTENT Z--4 Department SUMMARY OF TERMS An Ordinance Authorizing the City Manager to Execute a Second Amendment to the Purchase Agreement Between the City and LifeNet SELLER: City of Virginia Beach (the "City") PURCHASER: LifeNet Health (f/k/a LifeNet), a Virginia non -stock corporation ("LifeNet") OPTION PARCEL: Approximately 6.5 acre parcel of land located adjacent to current LifeNet parcel and located at the intersection of Concert Drive and Princess Anne Road in Virginia Beach, Virqinia OPTION EXPIRATION DATE: PURCHASE PRICE: LifeNet's right to purchase the Option Parcel expires on June 10, 2013. The current purchase price of the Option Parcel is $125,000 per acre plus an annual escalator based on the Consumer Price Index, and such price is currently set to expire on June 10, 2010. If LifeNet exercises its option to purchase the Option Parcel after June 10, 2010, then the purchase price becomes the fair market value of the Option Parcel. The Second Amendment would extend the current purchase price to expire on December 10, 2010 (six months after the current expiration date). If LifeNet exercises its option to purchase the Option Parcel after December 10, 2010, then the purchase price becomes the fair market value of the Option Parcel. iwbgov.com DFSI AppbcationslCityLawProd•cycom3T:Wpdocs D028`.P008\00053701.DOC of a 9� CITY OF VIRGINIA BEACH AGENDA ITEM Item: Bids for a Lease of a Portion of the City Property Located at 1900 Sandbridge Road (Red Mill Farm Park) for the Purpose of Constructing, Maintaining and Operating Wireless Telecommunications Facilities Meeting Date: May 11, 2010 ■ Background: The City has a policy of making suitable publicly -owned property available for lease by wireless carriers as communication tower sites. One such site that has been identified by City Staff is Red Mill Farm Park on Sandbridge Road. The lease process requires the adoption of two ordinances: (1) an ordinance announcing that the City is seeking bids for the lease of the property; and (2) a final ordinance awarding the lease. The present ordinance is the first of the two ordinances and seeks bids for the lease. ■ Considerations: The proposed lease would allow a 144' high "slick stick" cell tower as a replacement for one of the light poles on an athletic field at Red Mill Farm Park. The City would be allowed to keep the lights, as well as a possible future Wi-Fi antenna, on the tower. The adoption of the proposed ordinance would not bind the City to actually award the lease, as the City will reserve the right to reject all bids. In addition, a conditional use permit is required; if denied, the lease is void and no penalty is incurred by the City. ■ Public Information: The bids will be advertised in the newspaper once per week for two successive weeks, and an advertised public hearing will be held for the ordinance awarding the bid. The Department of Parks and Recreation has also conducted a public outreach process, including communications with the neighboring civic league presidents regarding the proposed tower. There will be ample opportunity for further public comment at public hearings for the actual award of the lease and during the conditional use permit process. ■ Alternatives: The proposed lease is in furtherance of the City's policy of making available publicly -owned property for use as communication tower sites under appropriate circumstances. ■ Recommendations: Adoption of ordinance. ■ Attachments: Ordinance Recommended Action: Adoption of Ordinance Submitting Department/Agency: Department of Parks & Recreation �. City Manager • SV 9 Z_)� vZ1 1 AN ORDINANCE PROVIDING FOR BIDS FOR A LEASE OF 2 A PORTION OF THE CITY PROPERTY LOCATED AT 1900 3 SANDBRIDGE ROAD (RED MILL FARM PARK) FOR THE 4 PURPOSE OF CONSTRUCTING, MAINTAINING AND 5 OPERATING WIRELESS TELECOMMUNICATIONS 6 F=ACILITIES 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That there shall be granted, in the mode prescribed by Article 1, Chapter 21, Title 12 15.2 of the Code of Virginia, as amended, upon the conditions hereinafter specified, a 13 lease of property more fully described in the attached document entitled "Communication 14 Tower Lease Agreement (Red Mill Farm Park), City of Virginia Beach, Lessor, and 15 , Lessee," for the purpose of constructing, maintaining and operating 16 wireless telecommunications facilities, including, but not limited to, antennas, connecting 17 cables and appurtenances and for the construction, maintenance and operation of an 18 accessory building housing equipment to be used in conjunction with the aforesaid 19 facilities. 20 21 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That upon approval of this Ordinance by the City Council, it shall be the duty of the 25 City Clerk to cause to be advertised once per week for two successive weeks, in a 26 newspaper having general circulation in the City, a descriptive notice of the proposed 27 ordinance granting such lease, and in addition the Clerk shall, by such advertisement, 28 invite bids for the privileges and rights proposed to be granted by such ordinance, which 29 bids shall be in writing and shall be delivered to the Mayor, or in the absence of the Mayor, 30 to the Vice -Mayor, in open session at the day and hour specified in such advertisement, 31 which bids shall then be presented to the City Council by the Mayor, or in the absence of 32 the Mayor, by the Vice -Mayor, to be dealt with and acted upon in the manner prescribed by 33 law. Such advertisement shall expressly reserve the right to reject any and all bids, and 34 the successful bidder shall be required to pay all costs of advertising such ordinance in 35 addition to all other sums required under such lease. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIE CY: Dept of P ks- Recre ion City Attorney's Office CA11507 R-1 April 27, 2010 zf CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise to Allow the Operation of a Waterslide on the Sandy Beach Adjacent to the 24th Street Stage in the Resort Area MEETING DATE: May 11, 2010 ■ Background: In the fall of 2009, the Resort Advisory Commission ("RAC') began discussions on the benefits of a waterslide amenity on the beach in the Resort Area. The Strategic Growth Areas Office ("SGAO") was asked to investigate the use of waterslides in other resort areas and the types and availability of waterslides, and to identify potential locations for a waterslide on the Resort Area. On November 5, 2009, SGAO reported their findings to the RAC, and the RAC voted to recommend that a franchise be awarded to operate a waterslide on the sandy beach adjacent to the 24th Street stage in the Resort Area. SGAO staff met with businesses adjacent to the 24th Street site to discuss the proposed waterslide operation. The businesses that staff met with had no concerns with the waterslide, and viewed the waterslide as an amenity to the Resort Area. On March 2, 2010, SGAO briefed City Council on the proposed franchise, and proceeded with the procurement process to select a franchise operator. The City issued an Invitation to Bid on March 12, 2010, and received six responses to the solicitation. City staff evaluated the six responses, and selected Bounce House, LLC ("Bounce House") as the highest responsive and responsible bidder. Bounce House is a Virginia limited liability corporation that has been in existence for two years and provides indoor and outdoor inflatable playgrounds. ■ Considerations: SGAO believes that it would be beneficial to grant a franchise to Bounce House to operate a waterslide on the sandy beach adjacent to the 24th Street stage in the Resort Area. The term of the proposed franchise is from May 1, 2010 through October 1, 2010. The franchise may be renewed for up to four (4) one-year renewals upon the mutual consent of the City and Bounce House. The initial franchise fee is one hundred and six thousand seven hundred dollars ($106,700). After the initial contract term, the City reserves the right to increase the franchise fee in an amount not to exceed five (5%) percent of the franchise fee for the most recent term. ■ Public Information: A public notice was published in The Beacon on May 2, 2010 and May 9, 2010. ■ Attachment: Ordinance, Summary of Terms Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area/Resort Management Office % City Manager: , � l 1 AN ORDINANCE GRANTING A FRANCHISE TO ALLOW 2 THE OPERATION OF A WATERSLIDE ON THE SANDY 3 BEACH ADJACENT TO THE 24TH STREET STAGE 4 5 WHEREAS, the Strategic Growth Area Office ("SGAO") determined that it would 6 be beneficial to the City to operate a waterslide on the sandy beach adjacent to the 24th 7 Street Stage in the Resort Area oceanfront; and 8 9 WHEREAS, to that end, the City issued an Invitation to Bid on March 12, 2010; 10 and 11 12 WHEREAS, the City received six responses to the solicitation, and selected 13 Bounce House, LLC ("Bounce House") as the highest responsive and responsible 14 bidder; and 15 16 WHEREAS, Bounce House is a Virginia limited liability corporation that has been 17 in existence for two years and provides indoor and outdoor inflatable playgrounds; and 18 19 WHERERAS, the term of the proposed franchise is from May 1, 2010 through 20 October 1, 2010, and the franchise may be renewed for up to four (4) additional one- 21 year renewals upon the mutual written consent of the City and Bounce House; and 22 23 WHEREAS, Bounce House will pay the City an initial franchise fee of one 24 hundred and six thousand seven hundred dollars ($106,700); and 25 26 WHEREAS, the SGAO recommends that Bounce House be granted a franchise 27 agreement for the term of May 1, 2010 through October 1, 2010, with the possibility of 28 up to four one-year renewals upon mutual consent of the City and Bounce House. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council hereby grants a franchise agreement to Bounce House, 34 LLC for the period of May 1, 2010 through October 1, 2010, with the possibility of up to 35 four one-year renewals, subject to the terms and conditions of the franchise agreement 36 and all applicable ordinances, resolutions, and regulations, to allow the operation of a 37 waterslide on the sandy beach adjacent to the 24th Street stage in the Resort Area, and 38 authorizes the City Manager or his designee to execute a franchise agreement with 39 Bounce House, LLC for said purpose. Adopted by the Council of the City of Virginia Beach, Virginia on the day of May, 2010. APPROVED AS TO CONTENT: Strategic Growth Area Office CA11503 R-1 April 26, 2010 APPROVED AS TO LEGAL: SUFFICIENCY A - City Attorney's 6ffice Summary of Terms Franchise Agreement to Operate a Waterslide in the Resort Area Franchisee: Bounce House, LLC Nature of Franchise: Operate a waterslide on the sandy beach adjacent to the 24th Street stage in the Resort Area. Term: May 1, :2010 through October 1, 2010. Agreement may be renewed upon mutual written agreement of the parties for up to four (4) additional like terms. Franchise Fee: $106,700 for the initial term. If franchise is renewed, City can increase franchise fee in an amount not to exceed 5% of the franchise fee for the most recent term. Non -Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Bond: Franchisee shall provide performance bond or letter of credit to City in the amount of $2500. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: • All equipment used for the waterslide service shall be maintained in good working order and shall be aesthetically pleasing. • Waterslide operators shall be employees of the Franchisee. • Franchisee shall comply with all requirements and criteria set forth in the Hippo Owner's Manual. • The waterslide shall be deflated, folded, and stored on the premises each evening after closing. • Franchisee may erect a ten (10) foot by ten (10) foot canopy on the premises to accommodate ticket sales during hours of operation of the waterslide service. Canopy shall be folded and stored on the premises each evening. • Waterslide operators shall be present on the premises at all times during operation. • Franchisee shall provide to each of its employees attire which appropriately identifies the waterslide service. Attire shall be approved by the City's Resort Administrator. • Franchisee shall submit to the City's Resort Administrator an operational plan. • Franchisee's employees shall not sell, solicit, offer, distribute, or provide any information in connection to time shares, vacation packages, lodging accommodations, hotels, etc. • No advertisements, other than the name of Franchisee, fee for use, and the location of the waterslide service shall be placed or maintained by the Franchisee on or in the premises. • Franchisee: shall not permit any type of motor vehicle on the premises unless prior written approval is received from the City's Resort Administrator. • Franchisee! may use the City's water and electricity service for operation of the waterslide service, and shall reimburse the City for such usage. Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $2,000,000 combined single limits. Termination: City may terminate Agreement for reason of Franchisee's failure to comply with the terms of the Agreement. 2 4:; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise Agreement for an Open Air Cafe in the Resort Area MEETING DATE: May 11, 2010 ■ Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property. The City has developed a franchise agreement for the regulation of open air cafes, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air cafe is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. ■ Considerations: Majd & Bouhzam, LTD, Va 204 Grill Cafe, is seeking a one- year franchise agreement for the operation of an Atlantic Avenue Side Street Cafe located at 204 22nd Street. ■ Public Information: A public notice was published in The Beacon on May 2, 2010 and May 9, 2010. ■ Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting De artment/A ency: SGA/Resort Management Office City Manager. S! 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT FOR AN OPEN AIR CAFE IN 3 THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 7 from time to time, for the operation of open air cafes on public property; and 8 9 WHEREAS, the regulations originally prohibited sidewalk cafes on Atlantic 10 Avenue between 15th and 24th streets; and 11 12 WHEREAS, Council adopted a resolution on March 23, 2004 establishing a pilot 13 program to allow, on an experimental basis, open air cafes on Atlantic Avenue between 14 20th and 23rd Streets; and 15 16 WHEREAS, based upon the success of the pilot program, Council adopted an 17 ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue between 18 15th and 24th Streets; and 19 20 WHEREAS, the City Council has traditionally granted initial franchises for one - 21 year terms; and 22 23 WHEREAS, if an open air cafe is successfully operated during the initial one - 24 year term, the franchisee may return to Council and request a five-year franchise 25 agreement; and 26 27 WHEREAS, Majd & Bouhzam, LTD, t/a 204 Grill Cafe, is seeking a one-year 28 franchise agreement for operation of an Atlantic Avenue Side Street Cafe located at 204 29 22nd Street; and 30 31 WHEREAS, the Convention and Visitors Bureau recommends that the above - 32 named entity be granted an open air cafe franchise agreement. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH: 36 37 That the City Council hereby grants a one-year franchise agreement to Majd & 38 Bouhzam, LTD, t/a 204 Grill Cafe, subject to the terms and conditions of all ordinances, 39 resolutions, and regulations applicable to open air cafes. 40 41 Adopted by the City Council of Virginia Beach, Virginia on this day of May, 42 2010. Approved as to Content: Approved as to Legal Sufficiency: SGA/Resort Management Office City Attorney's Office '' fAcy: l7 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of Approximately 3,658 Square Feet of Right -Of -Way Located at 3107 Bray Road from Kathryn N. Byler MEETING DATE: May 11, 2010 ■ Background: Kathryn N. Byler is the owner (the "Owner") of the property located at 3107 Bray Road (the "Property"). A dead oak tree (the "Tree") exists on the Property and overhangs Bray Road, creating a hazardous situation. Because it was unclear whether the Tree was on the Property or within the right-of-way of Bray Road, a survey was prepared. Bray Road is 50' wide or greater for its entire length, except in front of the Property, where it is only 40' wide. The survey revealed that the Tree was in fact located on the Property, but that a portion of the public asphalt road was also on the Property. In order for the City to have a minimum width right-of-way of 50 feet and to resolve the safety hazard posed by the Tree, the Owner has agreed to dedicate 3,568 square feet of public right-of-way in exchange for the City removing the Tree. ■ Considerations: The estimated cost of removing the Tree is $2,700. The removal will be funded by CIP 2-129, Pavement Maintenance Program — Phase II. ■ Public Information: Advertisement of City Council Agenda. ■ Alternatives: Do not remove the Tree. ■ Recommendations: Remove the Tree in exchange for dedication of right-of- way. ■ Attachments: Ordinance, Location Map, Exhibit showing right-of-way to be dedicated Recommended Action: Approval Submitting Department/Agency: City Manager: �— Publi orks If •'w 1 AN ORDINANCE AUTHORIZING THE 2 ACQUISITION OF APPROXIMATELY 3 3,658 SQUARE FEET OF RIGHT -OF - 4 WAY LOCATED AT 3107 BRAY ROAD 5 FROM KATHRYN N. BYLER 6 7 WHEREAS, Kathryn N. Byler is the owner (the "Owner") of certain real property 8 located at 3107 Bray Road in Virginia Beach, Virginia (the "Property"); 9 10 WHEREAS, a dead oak tree (the "Tree") exists on the Property and overhangs 11 onto the City right-of-way of Bray Road, creating a hazardous situation; 12 13 WHEREAS, a portion of the public asphalt road is also on the Property; 14 15 WHEREAS, Bray Road is 50' wide or greater for its entire length, except in front 16 of the Property, where it is only 40' wide. 17 18 WHEREAS, in order for the City to have a minimum width right-of-way of 50 feet 19 and to resolve the safety hazard posed by the Tree, the Owner has agreed to dedicate 20 3,568 square feet of right-of-way to the City in exchange for the City removing the Tree. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 1. That the City Council accepts the dedication of the right-of-way pursuant 26 to § 15.2-1800 of the Code of Virginia (1950), as amended, and in exchange authorizes 27 the City Manager to arrange for removal of the Tree, to be funded by CIP 2-129, 28 Pavement Maintenance Program — Phase II. 29 30 2. That the City Manager or his designee is further authorized to execute all 31 documents that may be necessary or appropriate in connection with the acceptance of 32 the dedication of the right-of-way, so long as such documents are deemed necessary 33 and sufficient by the City Manager and in a form deemed satisfactory by the City 34 Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 37 of _, 2010. APPROVED AS TO CONTENTS PUBLIC WORKS%REANLhSTATE CA11403 R-1 PREPARED: 4/30/10 APPROVED AS TO LEGAL SUFFICIENCY AND FORM W�, tWAM CITY ATTORNEY , ) ; gzrn f :%z2 : k 14 . � ® � S� t NOW OR FORMERLY KATHRYN BYLER CLARK J INST. # 200312180210877 M.B. 25 Pg.3 GPIN 1498-31-3764 RIGHT-OF-WAY TO BE DEDICATED AREA = 3658 Sq. Ft or 0.08398 Ac. BRAY ROAD NA WIDTH Nt l NAD a ANC LEM07N GELTA WMjNs TANGENT eT t.�G st.T+ sE•+:. s M-15 28 • 2 16 4.15 nnev nr M.e1 r .— ".. 1 1 V1 Y. VV1Y u.JTGV I V O.UL.0 I rm �Nu Bye 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Designate the Organization Against Injustice and Social Malpractice (TOAISM) as Being Exempt from Local Personal Property Taxation MEETING DATE: May 11, 2010 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). This specific item was deferred from the April 27, 2010 Council meeting because of a question regarding a statement on TOAISM's application. The application requested a real property tax exemption for a living room that was used by the organization. However, this real property is not owned by TOAISM, so the property does not meet the requirements provided by the Virginia Constitution and the Virginia Code for tax exemption. Furthermore, the attached ordinance only exempts personal property owned by TOAISM. ■ Considerations: The Commissioner of Revenue has reviewed TOAISM's application, and finds the personal property owned by TOAISM qualifies for exemption from personal property taxes by designation. ■ Public Information: A public hearing for this item was held on April 27th, at the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. This item was advertised in the normal Council Agenda for the April 27th meeting. It will also be advertised in the normal Council Agenda Process. ■ Attachments: Ordinances, City Council Policy Regarding Applications for Tax Exemption by Designation, Commissioner of Revenue Letter, Commissioner of Revenue Summary for the TOAISM Application Recommended Action: Approval of Ordinance for The Organization Against Injustice & Social Malpractice (TOAISM) Submitting Department/Agency: Commissioner of the R ue City Managers S b Philip J. Kellam Commissioner Commissioner of the Revenue City Hall Virginia Beach, VA 23456-9002 April 9, 2010 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Subject: Initial Report on Applicants for Exemption from Property Taxes Dear Mayor and Council Members: VBgov.com/cor Effective January 1, 2003 the General Assembly transferred its sole authority to grant exemptions by designation from personal and real property taxes'. The City Council accepted this authority and ordained a policy utilizing the Community Organization Grant Committee (COG) to administer the review of applicants for tax exemption2. On May 6, 2008 the City Council revised and re -ordained the process providing for the Commissioner of the Revenue to review and report to City Council on such applications3. The Commissioner's Office has received 4 applications in this reporting period. The following applicants qualify for exemption from personal property taxes: The Organization against Injustice & Social Malpractice (TOAISM) Life in Christ Ministries Inc. Hampton Roads Community Care Inc. Chesapeake Bay Wine Classic Foundation I am available if you have questions or concerns regarding the recommendations. Sincerely, Philip J. Kellam Commissioner of the Revenue Enclosures ' Code of Virginia 58.1-3651 ORD -2798I 3 ORD -3009K `�WNu arc � d City Council Policy Original Proposal Title: City Council Policy Regarding applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 1 Dates of Revisions: May 6, 2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the Property 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 TDates of Revisions: May 6, 2008 Page 2 ,of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code § 58.1-3605, each entity exempted from local property taxes shall, every three ydars, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code §58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January 1. 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. Tide: City Ccuncil Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. 1 AN ORDINANCE TO DESIGNATE THE 2 ORGANIZATION AGAINST INJUSTICE AND SOCIAL 3 MALPRACTICE (TOAISM) AS BEING EXEMPT FROM 4 LOCAL PERSONAL PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local personal property taxes to The Organization Against 9 Injustice and Social Malpractice (TOAISM). 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates The 15 Organization Against Injustice and Social Malpractice (TOAISM) as a charitable 16 organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia. 17 18 2. That personal property owned by The Organization Against Injustice and Social 19 Malpractice (TOAISM) located within the City of Virginia Beach that is used exclusively for 20 charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property owned by The Organization Against Injustice 25 and Social Malpractice (TOAISM) for exclusively charitable purposes; 26 27 (b) that each July 1, The Organization Against Injustice and Social Malpractice 28 (TOAISM) shall file with the Commissioner of the Revenue a copy of its most 29 recent federal income tax return, or, if no such return is required, it shall 30 certify its continuing tax exempt status to the Commissioner of the Revenue; 31 32 (c) that every three years, beginning on July 1, 2013, The Organization Against 33 Injustice and Social Malpractice (TOAISM) shall file an exemption application 34 with the Commissioner of the Revenue as a requirement for retention of the 35 exempt status of the property; and 36 37 (d) that The Organization Against Injustice and Social Malpractice (TOAISM) 38 cooperate fully with the Commissioner of the Revenue with respect to audit 39 of its financial records, compliance with the terms of this ordinance. 40 41 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissioner of the evenue CA11482 R-1 March 24, 2010 APPROVED AS TO LEGAL SUFFICIENCY: 10� I D/j Y W _ _ ENTITY NAME The Organization Against Injustice & Social Malpractice (TOAISM) 3529 Purebred Drive Virginia Beach, VA 23453 Website htttL:.//NvNv,v toaisminternational.ongiindex html SUMMARY OF NONPROFIT BUSINESS ACTIVITY TOAISM is an organization dedicated to serving every citizen, but with special focus on children and young adults. They educate our youth population by providing education on alternatives to crime and violence as well as offer a lawyer referral program to victims of crime and to those who have committed crime. Their juvenile support services help in reintegrating those wishing to enjoy a crime -free life through becoming a strong, responsible member of the community. The organization's goal is to reduce or eliminate social decadence, ensure that no one suffers injustice, and no one is denied justice. Free services include: 1. Victim Justice Support 2. Crime Prevention and Community Building 3. Support services to those seeking redress for injustice suffered. 4. Lawyer referral service 5. Work with subject and lawyer, in the subject's interest 6. they assist with case -related tasks and represent individuals so they may stay at work or attend to other critical needs. TAX IMPACT Business Property: Assessment: $1158.00 Tax: $42.85 Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status — October 26, 2007 U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Joyce and the 25' strip of City property around Lake Joyce located at the rear of 4209 Battery Road, for property owners John R. Murray, Jr. and Deniz Murray MEETING DATE: May 11, 2010 ■ Background: John R. Murray, Jr. and Deniz Murray have requested permission to construct a pier and maintain the existing riprap in a portion of an existing City property known as Lake Joyce and a 25' strip of City property around Lake Joyce, located at the rear of 4209 Battery Road, in Virginia Beach, Virginia. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lake Joyce that have previously been approved by City Council. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15 foot wide vegetated riparian buffer area consisting of small shrubs and plants in a mulched bed running the entirety of the shoreline adjoining the applicant's property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The applicant has submitted a plan for establishing a 15 foot wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: City Manager: C Public Works/Re Estate V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS LAKE JOYCE AND THE 25' STRIP OF CITY PROPERTY AROUND LAKE JOYCE LOCATED AT THE REAR OF 4209 BATTERY ROAD FOR PROPERTY OWNERS JOHN R. MURRAY, JR. AND DENIZ MURRAY WHEREAS, John R. Murray, Jr. and Deniz Murray desire to construct a pier and maintain the existing riprap in a portion of the City's property known as Lake Joyce and the 25' strip of City property around Lake Joyce, located at 4209 Battery Road, in the City of Virginia Beach, Virginia; and WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, John R. Murray, Jr. and Deniz Murray, their heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments for a pier and existing riprap in a portion of the City's property known as Lake Joyce and the 25' strip of City property around Lake Joyce, as shown on the map marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED PIER IN LAKE JOYCE AT LOT 5 BAY LAKE PINES SECTION 2," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and John R. Murray, Jr. and Deniz Murray (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as John R. Murray, Jr. and Deniz Murray and the City Manager or his authorized designee executes the Agreement. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 of , 2010. CA -11400 X:\OID\REAL ESTATE1EncroachmentslPW Ordinances\CA11400 Murray Ordiance.doc V: VApplications\CitylawProd\cycem 321Wpdocs1DO131PO071O0051867. DOC R-1 PREPARED: 4/19/10 APPROVED AS TO CONTENTS C t� tiffs BLIC WORKS, REAL E '7 APPROVED AS TO LEGAL SUFFICIENCY AND FORM l TbNNA "ARM YER, ASSISTANT CITY ATTORNEY day PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 16th day of April, 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN R. MURRAY, JR. and DENIZ MURRAY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 5, Section 2," as shown on that certain plat entitled: "SUBDIVISION No 2 OF BAY LAKE PINES PRINCESS ANNE CO., VA. AND RE -SUBDIVISION OF PARCEL "C" OF SUBDIVISION No 1 - BAY LAKE PINES SCALE - V-100' DEC., 1954, prepared by JNO. M. BALDWIN, C. E. R.S. BALDWIN, C.L.S. NORFOLK, 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 38, at page 21, and being further designated, known, and described as 4209 BATTERY ROAD, Virginia Beach, Virginia 23455; and WHEREAS, it is proposed by the Grantee to construct a pier and maintain the existing riprap, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 1479-99-4361-0000 (Lake Joyce and 25' strip of City property) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property, known as Lake Joyce and the 25' strip of City property around Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED PIER IN LAKE JOYCE .AT LOT 5 BAY LAKE PINES SECTION 2," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, 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 construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of fifteen (15) feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of small shrubs, woody ground 3 cover plants and/or shade -tolerant perennial plants (the "Buffer"). The area shall be mulched as a planting bed so that no turf is located closer than fifteen (15) feet from the shoreline. The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. All of the work shall be completed prior to December 31, 2010. The Grantee shall provide photos and notify the Department of Planning when the Buffer is complete and ready for inspection. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. The access walk being constructed of impervious materials shall not exceed twenty-five (25) percent of the total access walk surface. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary I Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, John R. Murray, Jr. and Deniz Murray, the said Grantee, 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 _, 2010, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of _, 2010, 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. Notary Registration Number: My Commission Expires: Ell Notary Public (SEAL) Deniz Muay,` s/Owner..= STATE OF V1t CITY/COUNTY OF to -wit: J The foregoing instrument was acknowledged before me this X day of 2010, by John R. Murray, Jr. Notary Registration Number: —7(-)4 My Commission Expires: U�_ J '), �) \ (SEAL) Notary Odlic i ROBERT M. BOSHER JR. Notary Public Commonwealth of Virginia 7088969 rmy Commission Expires Nov 30, 2011 STATE OF V Ek CITY/COUNTY OF �6r+y`i .t\ VN ---L! , to -wit: The foregoing instrument was acknowledged before me this day of 2010, by Deniz Murray. 3 (SEAL) Nota4y P blic Notary Registration Number:?` r ` i z M. My Commission Expires: tl �1(� %mo i ROBERT Notary Public JR. --t ublic Commonwealth of Virginia 7088969 [my Commission Expires Nov 30, 2011 7 APPROVED AS TO CONTENTS Si. NATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ,---D . I W/ D . HARMEYER, ASSISTANT CITY ATTORNEY SEC 1 LOT 43 & PT OF PAR A BILK 1 GAYLE R WITOWSKI GPIN# 14'999129000DO DB31g21P758 /- LAKE CENTER LINE 160' NWL SPAN COVE OF LAKE JOYCE CITY OF VB PROPERTY SrC 2 LOT 2 & NE PT OF PARCEL A S LVIA THOMAS CLARK GPIN# 14?99940280000 MB38 P21 01388 P1370 PROPOSED PIE EXISTING RIPRAP (CONCRETE RUBBLE) 8 NWL / min PROJECTED PL J CITY OF VB PROPERTY S� PIN (F) 25' STRIP 15' BUFFER LINE BUFFER REQUIREMENTS 1932 SF OF BUFFER RESTORATION RESULTS FROM THE 15' WIDE STRIP. THE VDCR GUIDANCE MANUAL REQUIREMENT PER APPENDIX D, TABLE A: (5) CANOPY TREES @1.5"-2" CALIPER OR LARGE EVERGREEN @6' (10) UNDERSTORY TREES @3/4"-1.5" CALIPER OR EVERGREEN @4' (15) SMALL SHRUBS OR WOODY GROUND COVER 0015"-18" LOT 4 SEC 2 IRVING L & CARROL K COTO GRIN# 1479994281000D MB38 P21 DB1757 P360 PROPERTY LINE - 9 PROPERTY LINE 25' 119.71' PROPERTY LINE 0' 20' 40 SCALE: 1" = 40' PROJECTED PL _EXISTING LEAF LITTER GROUND COVER �O PIN (F) 0 PROPERTY LINE Z� a LOT 6 SEC 2 E BYRON & DEBRA R BLACK o. GPIN# 14799944220000 MB38 P21 DB3615 P637 PIN (E) ��LTH OF r 0 DAVID KLEDZIK y Lic. No. 034674 �S�ONAL 10/23/09 Cs PROPOSED PROJECT FOR PIER t-Amit511 H ENCROACHMENT ENCROACHMENT OF PROPOSED PIER APPLICATION BY IN SHEET 1 OF 1 LAKE JOYCE JOHN & DENIZ MURRAY AT LOT 5 DATE: OCTOBER 2, 2009 4209 BATTERY ROAD VIRGINIA BEACH, VA 23455 BAY LAKE PINES SECTION 2 JUH NUMbLK Uy2/�) #4209 Z, a: v'. c. LOT 5 SEC 2 JOHN & DENIZ MURRAY GPIN# 14799943610000 DOC# 2DO90617000688150 / M338 P21 C g6.36 R,500 PIN (F) 2 a,� R 98 7 R0 Y 75 vz Z� a LOT 6 SEC 2 E BYRON & DEBRA R BLACK o. GPIN# 14799944220000 MB38 P21 DB3615 P637 PIN (E) ��LTH OF r 0 DAVID KLEDZIK y Lic. No. 034674 �S�ONAL 10/23/09 Cs PROPOSED PROJECT FOR PIER t-Amit511 H ENCROACHMENT ENCROACHMENT OF PROPOSED PIER APPLICATION BY IN SHEET 1 OF 1 LAKE JOYCE JOHN & DENIZ MURRAY AT LOT 5 DATE: OCTOBER 2, 2009 4209 BATTERY ROAD VIRGINIA BEACH, VA 23455 BAY LAKE PINES SECTION 2 JUH NUMbLK Uy2/�) nu BEa A,,a,- g z Zp CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the United States Department of Homeland Security to the FY 2009-10 Operating Budget of the Fire Department and Transfer Funds for the Local Grant Match MEETING DATE: May 11, 2010 Background: The Virginia Beach Fire Department's Marine Team provides initial response to fire, hazardous materials, search, and rescue incidents. The United States Department of Homeland Security (DHS) through the Virginia Department of Emergency Management has awarded a grant of $59,000 ($44,250 federal money with a required $14,750 local match) from the 2008 Port Security Grant Program to the City. The grant funds will provide new and replacement equipment to provide physical and thermal protection while working in or around the waterways. Additionally, the grant will provide necessary training to meet the Marine Team's mission. ■ Considerations: The Fire Department will provide the local match by transferring funds from its State Fire Programs/Aid to Localities allocation in the Grants Consolidated Fund of the FY 2009-10 Operating Budget. The end of the program period is December 31, 2010, for obligation of funds, and March 31, 2011, to complete expenditures and finalize the close out reporting process. ■ Public Information: Public information will be provided by the normal Council agenda process. ■ Recommendations: Accept and appropriate funds from DHS and approve the transfer for the local match. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Departmen& City Manage I r k 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE UNITED STATES 3 DEPARTMENT OF HOMELAND SECURITY TO THE 4 FY 2009-10 OPERATING BUDGET OF THE FIRE 5 DEPARTMENT AND TRANSFER FUNDS FOR THE 6 LOCAL GRANT MATCH 7 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA THAT: 11 12 1) $44,250 is hereby accepted from the United States Department of 13 Homeland Security through the Virginia Department of Emergency Management and 14 appropriated, with estimated federal revenues increased accordingly, to the FY 2009-10 15 Operating Budget of the Fire Department for costs of equipment and training for the 16 Marine Team; and 17 18 2) Funds in the amount of $14,750 are transferred from the State Fire 19 Programs Grant in the Grants Consolidated Fund of the FY 2009-10 Operating Budget 20 to provide the local grant match. 21 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Manag°ment Services CA11501 R-3 April 23, 2010 Approved as to Legal Sufficiency: City A£t©rney's Office L. PLANNING 1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for DRESCHER DEVELOPMENT/GEORGE M. DAVIS, IH, re lot width at Prosperity Road and Park Place Drive (DISTRICT 6 — BEACH) RECOMMENDATION APPROVAL 2. Application of STUDIO EVOLVE, LLC/MT. TRASHMORE OFFICE for a Conditional Use Permit re a tattoo studio at 512 South Independence Boulevard, Suites 200-202 (DISTRICT 3 — ROSE HALL) RECOMMENDATION APPROVAL 3. Application of GREATER HOPE OF DELIVERANCE MINISTRIES/PHUONG NHON NGUYEN for a Conditional Use Permit re religious use at 3692 South Plaza Trail No.2 (DISTRICT 3 — ROSE HALL) RECOMMENDATION APPROVAL 4. Application of INTERNET MARKETING TRAINING CENTER, INC./DAVID BYLER for a Conditional Use Permit re a Vocational School at 512 South Independence Boulevard (DISTRICT 3 — ROSE HALL) RECOMMENDATION APPROVAL 5. Application of REGENT UNIVERSITY for a Conditional Use Permit re religious uses at 1000 Regent University Drive (DISTRICT 1 — CENTERVILLE) RECOMMENDATION APPROVAL 6. Application of BRIDGEWAY COMMUNITY CHURCH/BLANFORD PARTNERSHIP for a Conditional Use Permit re religious uses at 752-758 Independence Boulevard (DISTRICT 4 — BAYSIDE) RECOMMENDATION APPROVAL 7. Application of BELIEVER'S HOUSE WORLD WIDE MINISTRIES/NEWTOWN SQUARE ASSOCIATES, LLC for a Conditional Use Permit re religious use at 544- Newtown Road, Suite 118 (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL 8. Application of CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-40 Residential District to P-1 Preservation District at 4337 Country Club Circle (Thoroughgood House) (DISTRICT 4 — BAYSIDE) RECOMMENDATION APPROVAL 9. Ordinance to AMEND the Comprehensive Plan re Parkway Typical Sections, Primary Roadway Network Plan Map and the ADOPTION of the Major Street Network Ultimate Rights -of -Way RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, May 11, 2010, at 6:00 p.m. The following applications will be heard: ROSE HALL DISTRICT Studio Evolve, LLC/Mt. Trashmore Office, LC Application: Conditional Use Permit for a tattoo studio at b12, South Independence Boulevard, Suites 200 and 202. Greater Hope Of Deliverance Ministries/Phuong Nhon Nguyen (Nguyen LLC) Application: Conditional Use Permit for a religious use at 3692 South Plaza Trail #2 Internet Marketing Training Center, Inc./David Byler Application: Conditional Use Permit.for a vocational school at 512 S. Independence Boulevard. CENTERVILLE DISTRICT Regent University Application: Conditional Use Permit for religious uses at 1000 Regent University Drive. BAYSIDE DISTRICT Bridgeway Community Church/Blanford Partnership Application: Conditional Use Permi . for religious use at 752-758 Independence Boulevard. City Of Virginia Beach Application: Change of Zoning District Classification from R-40 Residential to P-1 Preservation at 4337 Country Club Circle. Comprehensive Plan: Suburban Area. Purpose: Preservation of site as part of Thoroughgood House. BEACH DISTRICT Drescher Development/George M. Davis, III Application: Subdivision Variance at Prosperity Road and Park Place-Drive-(GPIN 2415798423). CITY OF VIRGINIA BEACH Ordinance to amend the Comprehensive Plan pertaining to Parkway typical sections, amendments to the Primary Roadway Network Plan Map and the adoption by reference of the Major Street Network Ultimate Right -of -Ways. Ordinance amending the Comprehensive Plan, Reference Handbook, by the adoption of the Major Street Network Ultimate Rights -of -Way document.' KEMPSVILLE DISTRICT Believer's House World Wide Ministries/Newtown Square Associates, LLC Application: Conditional Use Permit for religious use at 544 Newtown Road, Suite 118. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at http://www.vbg_ov.com/oc For information call 385-4621. If you are physically disabled of visually impaired and need assistance at this meeting, please call the CITY -CLERK'S OFFICE at 385.4303. Beacon April 25 & May 2, 2010 21264612 Niall 1-9 Tt► - - - - - - I- - W-1 v Subdivision Variance rin-BF est �ci a? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DRESCHER DEVELOPMENT / GEORGE M. DAVIS, 111, Subdivision Variance, west side of Prosperity Road, approximately 850 feet north of Park Place Drive (GPIN 2415798423). BEACH DISTRICT MEETING DATE: May 11, 2010 ■ Background: The applicant requests a subdivision variance to the required lot width. The lot is part of an illegal subdivision created by deed on February 9, 2009. The subdivision is considered illegal because it was recorded by deed without a plat, as required by the Subdivision Ordinance, Section 2.1. The site is zoned R - 5D Residential. ■ Considerations: The existing lot is 18,990 square feet and has no direct access to a right-of-way as required by the City Zoning Ordinance, Article 2, Section 200(f). Legally, the lot is still a portion of the existing 1.103 -acre site immediately south of the site. The lot is located behind two lots, known as 8 and 9, that front on Prosperity Road and is 207 feet west of the right-of-way. It is the intent of the applicant to provide a 25 -foot wide strip of land, subdivided from Lot 8, along the northern side of Lot 8 from Prosperity Road to the parcel, Thus the proposed Lot A will be 25 -foot in width at the right-of-way and contain a total of 24,175.9 square feet. The lot will limited to the construction of a single- family dwelling. An outstanding issue with the request is the leftover portion of the site located to the south of Lot 9. This leftover portion of the site should be a party to the overall resubdivision of the site. The applicant did not provide any information to staff regarding this issue. Staff, therefore, recommends a condition below that approval of this subdivision variance be contingent on the leftover portion, known by GPIN 2415-79-8228, being party to the overall subdivision of the sites. There was no opposition to the request. Drescher Development Page 2 of 2 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The sites shall be subdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for Part of 1.103 AC. Parcel and Lot 8 Flora Plat"; dated January 27, 2010, and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The parcel identified by GPIN 2415-79-8228 shall be included on the re- subdivision plat for the sites. 3. The proposed Lot A is limited to development of only a single-family dwelling. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ,- City Manager (2, 2� M ` Nhp "n�Drescher Development �L- P1 RSD AG2 X00 Cs rsp [iwa stc AG2 0 AG2 B? AG2 AG1 Subdvlsion variance 21 April 14, 2010 Public Hearing APPLICANT: DRESCHER DEVELOPMENT PROPERTY OWNER: GEORGE M. DAVIS, III STAFF PLANNER: Faith Christie REQUEST: Subdivision Variance to Section 4.4 of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. ADDRESS / DESCRIPTION: Property located on the west side of Prosperity Road, approximately 850 -feet north of Park Place. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24157984230000 BEACH 18,990 square feet Greater than 75 dB DNL APPLICATION HISTORY: The applicant requested a deferral of the request at the January 13, 2010 Planning Commission meeting so that he could work with staff to reach an amiable agreement. The applicant is proposing a re -subdivision of existing Lot 8 to provide the proposed Lot A with 25 -feet of lot width. The proposed 25 -foot stem will be located on the northern side of Lot 8. The applicant has also agreed to develop proposed Lot A with a single-family dwelling as opposed to a duplex. Therefore the subdivision variance request is now for a variance of 25 -feet in width as opposed to the required 50 -feet in width for a single-family lot in the R -5D Residential district. SUMMARY OF REQUEST The applicant requests a subdivision variance to the required lot width. The lot is part of an illegal subdivision created by deed on February 9, 2009. The subdivision is considered illegal because it was recorded by deed without a plat, as required by the Subdivision Ordinance, Section 2.1. The site is zoned R -5D Residential. Existing Lot: The lot is 18,990 square feet and has no direct access to a right-of-way as required by the City Zoning Ordinance, Article 2, Section 200(f). Legally, the lot is still a portion of the existing 1.103 -acre site immediately south of the site. The lot is located behind two lots, known as 8 and 9, that front on Prosperity Road and is 207 feet west of the right-of-way. Proposed Lots: It is the intent of the applicant to provide a 25 -foot wide strip of land, subdivided from Lot 8, along the northern side of Lot 8 from Prosperity Road to the parcel, Thus the proposed Lot A will be 25 - foot in width at the right-of-way and contain a total of 24,175.9 square feet. Item Lot A Lot Width in feet 50 25* Lot Area insquare feet 5,000 24,175.9 *Variance required LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped parcel SURROUNDING LAND North: . Undeveloped parcel / R -5D Residential USE AND ZONING: South: • Single-family dwelling / R -5D Residential East: . Prosperity Road • Across Prosperity Road is a single-family dwelling and the Knights of Columbus Hall / AG -2 Agricultural West: . KOA Campground / AG -2 Agricultural NATURAL RESOURCE AND There are no significant natural resources or cultural features associated CULTURAL FEATURES: with the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This site is proposed to be accessed via a variable -width private ingress -egress easement from Prosperity Road. Prosperity Road is a two-lane local/collector street with a variable -width (50 feet to 60 feet) right-of-way. Prosperity Road is not identified on the Master Transportation Plan Map. • Traffic Engineering reserves the right to make additional comments on the entrance at the site plan submittal stage. DRESCHER DEVELOPMENT TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Prosperity Road No Counts 9,900 ADT Existing Land Use — 0 Available ADT Proposed Land Use 3— 20 ADT(2 Peak Hour Average Daily Trips 2 vacant site 3 proposed duplex WATER: City water is not available to the site. Approval is required from the Virginia Department of Health for a private well. SEWER: City sanitary sewer is not available to the site. Approval is required from the Virginia Department of Health for the septic system. Private grinder pumps and force main may be an option. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION The applicant has worked with staff to overcome the negative aspects of the previously requested subdivision variance by proposing a re -subdivision of existing Lot 8 to provide the proposed lot with frontage along the right-of-way. The proposed 25 -foot stem is located on the northern side of Lot 8 as opposed to being located in the middle of Lots 8 and 9. Additionally, the applicant is agreeable to developing the lot with a single-family dwelling as opposed to a duplex. The only other outstanding issue with the request is the leftover portion of the site located to the south of Lot 9. As previously stated in the report presented to the Planning Commission on January 13, 2010, this leftover portion of the site should be a party to the overall re -subdivision of the site. The applicant did not provide any information to staff regarding this issue. Staff, therefore, recommends a condition below that approval of this subdivision variance be contingent on the leftover portion, known by GPIN 2415-79-8228, being party to the overall subdivision of the sites. Staff recommends approval of the subdivision variance request subject to the conditions listed below. CONDITIONS 1. The sites shall be subdivided substantially in accordance with the submitted "Paeiiminary Subdivision Plat for Part of 1.103 AC. Parcel and Lot 8 Flora Plat"; dated January 27, 2010, and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The parcel identified by GPIN 2415-79-8228 shall be included on the re -subdivision plat for the sites. 3. The proposed Lot A is limited to development of only a single-family dwelling. 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. DRESCHER DEVELOPMENT / ULUKQt M. D, "Abenda _I AERIAL OF SITE LOCATION - DRESCHER DEVELOPMENT Map oSc Drescher De`Te1U mens Mao Nw to Scale Pi D A P2 1 1 KOA ' Camp Grounds, �AG2 i 1 ,AG2 AG/� Subdivision Variance There has been no recent zoning activity in the area. ZONING HISTORY DRESCHER DEVELOPMENT / GEORGE M. DAMS III Agenda -Item 21 Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) John D. Drescher 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Q 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) George M. Davis, III 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) ® Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes ❑ No ED If yes, what is the name of the official or employee and the nature of their interest? suix s*n Vadarm ApphcMon pave 9 01 10 Revised &I 11M DRESCHER DEVELOPMENT / GEO i► d DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ,ALi.4P 'Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 60 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 saran 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 of 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: l 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, t arra responsible for obtaining and posting the required sign on the subject property at toast 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application - r Property Owner's gSiarn�ature Print Name y�q Applicant's Signature Print Name Subdtmton vananCe Page 10 Of 10 named 7111 {2006 DRESCHER DEVELOPMENT / GEOR Item #21 Drescher Development Subdivision Variance West side of Prosperity Road District 6 Beach April 14, 2010 CONSENT Jay Bernas: The next matter is agenda item 21. This is the application of Drescher Development for a subdivision variance, subdivision of Drescher Development on property located on the west side of Prosperity Road, approximately 850 feet north of Park Place Drive, District 6, Beach. Billy Garrington: Thank you Mr. Bernas. Chairman Strange, members of the Planning Commission, for the record, Billy Garrington on behalf of the applicant Drescher Development. There are three conditions attached to this request in front of you today. We are in total agreement with those conditions. I would also like to reiterate that I would like to thank Faith Christie for all of the help she gave us with this. And some of you will remember I was here two months ago with a recommendation for denial of consent, so I really thank you for really putting this on consent today for approval rather than denial. But I really want to thank Faith Christie and the whole Planning staff for working with us on this. And having to come up with something that everybody could support, and we thank you for it. Jay Bernas: Thank you. Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Katsias to please review this item. Kathy Katsias: The applicant, Drescher Development, is proposing a resubdivision of existing Lot A to provide the proposed Lot A with a 25 -feet of lot width. The proposed 25 - feet stem will be located on the northern side of Lot 8. The applicant has also agreed to develop parcel A with a single-family dwelling as opposed to a duplex. Therefore, the subdivision variance request is now for a variance of 25 -feet in width as opposed the required 50 -feet in width for single-family lot in the R-51) Residential District. Staff has placed this on the consent agenda. We concur with staff, thereby placing it on the consent agenda. Jay Bernas: Thank you. Mr. Chairman this was the last item on the consent agenda. I will make a motion to approve agenda item 21. Joseph Strange: A motion made by Mr. Bernas. Do I have a second? Kathy Katsias: Second. Joseph Strange: A second by Ms. Katsias. Item #21 Drescher Development Page 2 Ed Weeden: By a vote of 11-0, the Board has approved item 21. ABSENT 0 Joseph Strange: Thank you. We want to thank all applicants who had a matter on the consent agenda for attending today's hearing. These items will now be scheduled for hearing on the City Council agenda. AYE 11 NAY 0 ABS 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 0 Joseph Strange: Thank you. We want to thank all applicants who had a matter on the consent agenda for attending today's hearing. These items will now be scheduled for hearing on the City Council agenda. 0 8 pi CUP - Tarfoo Studio ry j . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STUDIO EVOLVE, LLC / MT. TRASHMORE OFFICE, LC, Conditional Use Permit, tattoo studio, 512 South Independence Boulevard, Suites 200 and 202. ROSE HALL DISTRICT. MEETING DATE: May 11, 2010 ■ Background: The applicant requests a Conditional Use Permit for a tattoo studio within a 1,550 square foot unit of a larger building located adjacent to Mt. Trashmore Park. The building where the studio is proposed is part of a small office complex consisting of five buildings. The site has a single ingress -egress access on South Independence Boulevard. Section 242.1 of the City Zoning Ordinance requires tattoo establishments to meet the following criteria: a) Tattoo parlors and body piercing establishments shall be subject to the requirements pertaining to tattoo parlors and body piercing establishments set forth in Chapter 23 of the City Code, which requirements shall be deemed to be conditions of the conditional use permit; and b) No tattoo parlor or body piercing establishment shall be located within six .hundred (600) feet of another tattoo parlor or body piercing establishment, Residential or Apartment District, or school. ■ Considerations: The proposed tattoo studio would be 'by appointment' only. The layout of the unit includes an office, two restrooms, a waiting area, four tattoo studios, and a break room. Before the applicant can obtain a business license to operate, he must meet with the Health Department to determine if the unit meets the requirements of Chapter 23 of the City Code. This section establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. In addition, the Zoning Ordinance requires any tattoo or body piercing establishment be located at least 600 feet away from any other tattoo or body piercing establishment, or from any Studio Evolve, L.L.C. Page 2 of 2 Residential or Apartment district, or school. The unit where the studio is located is over 800 feet from the closest Residential zoning district. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: A business license shall not be issued to the applicant without tip approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. Any on-site signage for the office complex and the tattoo studio shall meet the requirements of the Zoning Ordinance, and there shall be no signs, including neon or L.E.D. signs or accents, installed on any wall area of the exterior of the building, windows, or doors. 3. The Conditional Use Permit for the tattoo studio is approved for a period of one year with an administrative review every year thereafter. 4. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment or from the adjacent public property known as Mt. Trashmore Park. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map . Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . � w� f//I 82`x` S2 ez P1 162 62 RiO f Air, kt O1 •z. c..a�w+.arona+ ruo_rra, !V.do REQUEST: Conditional Use Permit (tattoo studio) ADDRESS / DESCRIPTION: 512 South Independence Boulevard 11 April 14, 2010 Public Hearing APPLICANT: STUDIO EVOLVE, LLC PROPERTY OWNER: MT. TRASHMORE OFFICE, LLC STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14766887940000 ROSE HALL 52,024 square feet Less than 65 dB DNL BUILDING UNIT SIZE: 1,550 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a tattoo studio within a 1,550 square foot unit of a larger building located adjacent to Mt. Trashmore Park. The operation would be 'by appointment' only. The layout of the unit includes an office, two restrooms, a waiting area, four tattoo studios, and a break room. The building where the studio is proposed is part of a small office complex consisting of five buildings. The site has a single ingress -egress access on South Independence Boulevard. Section 242.1 of the City Zoning Ordinance requires tattoo establishments to meet the following criteria: a) Tattoo parlors and body piercing establishments shall be subject to the requirements pertaining to tattoo parlors and body piercing establishments set forth in Chapter 23 of the City Code, which requirements shall be deemed to be conditions of the conditional use permit; and b) No tattoo parlor or body piercing establishment shall be located within six hundred (600) feet of another tattoo parlor or body piercing establishment, Residential or Apartment District, or school. S LAND USE AND ZONING INFORMATION EXISTING LAND USE: Office complex SURROUNDING LAND North: . Mt. Trashmore Park / P-1 Preservation District USE AND ZONING: South: . South Independence Boulevard • Office uses and mixed retail / B-2 Community Business District East: a Office uses / B-2 Community Business District West: . Mt. Trashmore Park / P-1 Preservation District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL FEATURES: to be any significant environmental or cultural features as the site is almost entirely impervious. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Independence Boulevard in the vicinity of this application is considered a six -lane divided major urban arterial. The MTP proposes a divided facility with bikeway within a 150 foot wide right-of-way. Currently, this segment of roadway is functioning over capacity at a Level Of Service F. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South 72,685 ADT T 26,300 ADT (Level of Existing Land Use — 22 Independence Service "C") — 48,200 ADT Boulevard ADT' (Level of Service Proposed Land Use 3- 52 ADT Average Daily Trips z as defined by typical office use 3 as defined by tattoo studio WATER & SEWER: This site is already connected to City water and sewer. HEALTH DEPARTMENT: The owner of the proposed tattoo studio must secure a permit from the Health Department prior to beginning operation. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. STUDIO EVOLVE Agenda Iterh 11 Pale 2 Before the applicant can obtain a business license to operate, he must meet with the Health Department to determine if the unit meets the requirements of Chapter 23 of the City Code. This section establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. In addition, the Zoning Ordinance requires any tattoo or body piercing establishment be located at least 600 feet away from any other tattoo or body piercing establishment, or from any Residential or Apartment district, or school. The unit where the studio is located is well over 800 feet from the closest Residential zoning district. Finally, there is ample parking on the site for patrons and employees of the office complex and the tattoo studio. Staff recommends approval subject to the conditions below. CONDITIONS 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. Any on-site signage for the office complex and the tattoo studio shall meet the requirements of the Zoning Ordinance, and there shall be no signs, including neon or L.E.D. signs or accents, installed on any wall area of the exterior of the building, windows, or doors. 3. The Conditional Use Permit for the tattoo studio is approved for a period of one year with an administrative review every year thereafter. 4. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment or from the adjacent public property known as Mt. Trashmore Park. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. mons s .teowry awrr aorta ww.w w ru nnw arE +It�[tPc Rto1 wLw • ' k .. ' wn area+ c Rr n corn awiw Ri v � ' . oriu+.w a�w1O�a�M � � WM iRr w MOW RtWa MRNa p11ROMi. MQmO aillRlMr. I ii wom wt uo pa wRnewa EOO axwrnw rase w., r * i r'�.n. ai mim. a arKix>' w W mrw F mxiR+rr ' .. E �MMY mNwR� aOl/J+ M RPYn d A RQY' 1ML caws K YMMY+Ibl RIOYt NE WIAlA ML�PIRTw.HpOYn aljrl t •. 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Map E-8 W� ring with ComiidonsProNers Studio Evolve, LLC CUP - Tattoo Studio 1 F� Modifiation of Conditions O / l� `y Granted 2 08/25/98 / / / 1 ..101 Use Permit senior and disabled housing) J^ f 3 02/06/87 Use Permit fuel sales ©E CUP - Tattoo Studio 1 06/09/09 Modifiation of Conditions Granted 09/22/98 Change of Zoning P-1, B-2 to 1-1 Granted 2 08/25/98 Change of Zoning (B-2 to 0-1) Granted Use Permit senior and disabled housing) Granted 3 02/06/87 Use Permit fuel sales Granted DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) i 0 L 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: ('Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following, 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Chegk here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes foes -an official or employee of the City of Virginia Beach have ars interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Ccandit"LM Use Permit Applicalm page a Of 10 Revised 7M2007 DISCLOSURE STATEMENT DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services. and legal services: (Attach list if necessary) Zp 4 "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 con sidered in determining the existence of an affiliated business entity relationship include that the some 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 § 22-3101 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 pub I a for obtaining and postirsg the required sign on the subject property at 0 e sched led public hearing according to the instructions in this package, The y or t Department of Iso consents nt PF photograph a g this application. nrimg 16=og j5Tfnt ure Name o 1c Signature (if different than applicant) Print Name ('ondftiona! Use Permit AWicatron Poe I(J of 10 Revised 7,1.Y20C-7 DISCLOSURE Item #11 Studio Evolve, L.L.C. Conditional Use Permit 512 S. Independence Boulevard, Suite 200 and 202 District 3 Rose Hall April 14, 2010 CONSENT Jay Bernas: The next matter is agenda item 11. This is an application Studio Evolve, L.L.C. for a Conditional Use Permit for a tattoo studio on property located at 512 South Independence Boulevard, Suite 200-202, District 3, Rose Hall. Gabriel Cece: Hi. Jay Bemas: Welcome. Please state your name. Gabriel Cece: My name is Gabriel Cece. Thank you guys so much for putting me on the consent agenda. I really, really appreciate that. I'm relaxed now. Jay Bernas: Are; the conditions acceptable? Gabriel Cece: Absolutely. Jay Bernas: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Felton to please review this item. Christopher Felton: Thank you Mr. Bernas. The applicant requests a Conditional Use Permit for a tattoo studio within a larger building located at 512 South Independence Boulevard adjacent to Mount Trashmore Park. The operation will be by appointment only, and the building where the studio is proposed is part of a small office complex consisting of five buildings. We reviewed the application, and it meets all requirements. Staff is unaware of any opposition, and staff recommends approval, as we concur with that, and ask for it to be placed on the consent agenda. Jay Bemas: Thank you. I will make a motion to approve agenda item 11 Joseph Strange: A motion made by Mr. Bemas. Do I have a second? Kathy Katsias: Second. Joseph Strange: A second by Ms. Katsias. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE Item #11 Studio Evolve, L.L.C. Page 2 BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 11. E BI A f ..y - I E r R7.5- 00 zorrirnX WWI Gorrdih tris Frotfrrs �' UP for Charch ... T j x f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREATER HOPE OF DELIVERANCE MINISTRIES I PHUONG NHON NGUYEN (NGUYEN LLC), Conditional Use Permit, religious use, 3692 South Plaza Trail #2. ROSE HALL DISTRICT MEETING DATE: May 11, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow a church to occupy the east side of an existing building totaling 2,800 square feet. The church currently occupies the unit and was unaware of the need for a Conditional Use Permit. The western portion of the building is already occupied by a church, which was granted a Conditional Use Permit by City Council in October 2007. ■ Considerations: The church that is the subject of this current request holds worship services on Sundays, typically from 11:30 a.m. to 1:00 p.m., Bible Study on Wednesday evenings, and prayer meetings on Friday evenings. At this time, there are 15 adult members of the congregation, and the church anticipates growth up to 30 members The proposal is compatible with the adjacent residential and business uses in the area. There is an existing buffer of trees between this property and the residences to the north; however, the site is almost entirely void of landscaping. The entire building is now occupied by a church use. With 59 parking spaces on site, there is ample parking for all users. The church occupying the western portion of the building requires only 20 parking spaces and this church, with a future goal of 30 members, would only require 6 more spaces. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: Greater Hope of Deliverance Ministries Page 2 of 2 The number of individuals attending any service shall not exceed the occupancy number established by the City Fire Marshall. 2. The applicant shall obtain all the necessary permits and inspections from the Planning Department Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Ag ency: Planning DepartmentA / City Manager t� b, Greater Eme sof -Z..*.0 con�- CUP Tor GnUrOn REQUEST: Conditional Use Permit (church) ADDRESS / DESCRIPTION: 3692 South Plaza Trail 16 April 14, 2010 Public Hearing APPLICANT: GREATER HOPE OF DELIVERENCE MINISTRIES PROPERTY OWNER: PHUONG NHON NGUYEN STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14875036930000 ROSE HALL 41,350 square feet Less than 65 dB DNL The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST church to occupy the east side of an existing building totaling 2,800 square feet. The church currently occupies the unit and was unaware of the need for a Conditional Use Permit. The western portion of the building is already occupied by a church, which was granted a Conditional Use Permit by City Council in October 2007. The church that is the subject of this current request holds worship services on Sundays, typically from 11:30 a.m. to 1:00 p.m., Bible Study on Wednesday evenings, and prayer meetings on Friday evenings. At this time, there are 15 adult members of the congregation, and the church anticipates growth up to 30 members. EXISTING LAND USE: Religious uses LAND USE AND ZONING INFORMATION SURROUNDING LAND North: . Single-family dwellings / R-7.5 Residential District USE AND ZONING: South: . South Plaza Trail Generated Traffic • Single-family dwellings / R-7.5 Residential District East: . Donnawood Drive 13,600 ADT (Level • Office uses / B-2 Community Business District West: . Retail, office uses / Conditional B-1 Neighborhood Business District Proposed Land Use 3— • Preschool and daycare / 0-2 Office District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There are no known CULTURAL FEATURES: significant environmental or cultural features on the site, as it is almost entirely impervious. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Plaza Trail Is a two-lane minor suburban arterial. Both Presidential and Donnawood Drive are two-lane local streets. There are no CIP projects planned in the site's vicinity. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South Plaza Trail 11,700 ADT 13,600 ADT (Level Existing Zoning — 76 ADT of Service "D") Proposed Land Use 3— Weekday 26 ADT Sunday 100 ADT Average Daily Trips s as defined by general office use Sas defined by church use WATER & SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION The proposal is compatible with the adjacent residential and business uses in the area. There is an existing buffer of trees between this property and the residences to the north; however, the site is almost entirely void of landscaping. The entire building is now occupied by a church use. With 59 parking spaces on site, there is ample parking for all users. The church occupying the western portion of the building requires only 20 parking spaces and this church, with a future goal of 30 members, would only require 6 more spaces. Staff, therefore, recommends approval subject to the conditions below. GREATER HOPE OF LIVERANCE Agenda - Items 16 Pale 2 CONDITIONS 1. The number of individuals attending any service shall not exceed the occupancy number established by the City Fire Marshall. 2. The applicant shall obtain all the necessary permits and inspections from the Planning Department Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. GREATER HOPE OF AERIAL OF SITE GREATER HOPE OF I poll H; MtitYTN1T1,oN v ... y Awl q mr 1f r TITLE LINES ANO TME WALLS OT THE TNRLDfNGS AREAS SHOWN ON THISPLAT, THE 91tftDiNtiS StANtf STAMt i Y wnxN THE TITLE LINES ANO THEOE AAE NO ENCROACHMENTS OF OTHIM BURba" ON THE pRgPFR y ncrPT AS SHOW. Noir Iwa filtSit'N spMrRfAf DAARdI fNTNDIR THE RNP,ta A 1111 f ILIA"/fIrPm An WT Rmsel OKY THOW fAaf1YN1S R(iMGtS, t W7KA OAaN1816VCt5 �ryREO ql f ! °`"' '• "•i " WINDSOR WOODS " ,;�M A 73 P 31) L1ft Al 4 L07 32 r; r rt NCE 589 10100"E II{ L CASPHAL7 DUMPSTERAREA 82.0' a�u 6 ohm i OA C . SULMAN ff � 1144 • ,; `mow r..�.'�' �FS CONCRETE CURB1 164.80' - . (1yptCAl) N 80'1000` W SOUTH PLAZA TRAIL(80'R/W). GRAPHIC SCALE TfKP110KAIYSI"NNIXDN A N 301 ADPI'AAs TO ♦# aOGTEO IN fLm201TJFr• ..Xr AS M" CIN FX" FLOOD HAZMDNA commUN1tYPMEL =NO. 3 1.1982 0 20 50 100 .,: rl , 11.1 Nl Iioi.. 7_ Its^ l3 Vl , t !11 t? } J 3h. ;. , 1 i rA): ftl NAIL(FX I:11 RO't0'OO" / V 7N W j 1-9.-:1 L CASPHAL7 DUMPSTERAREA 82.0' a�u 6 ohm i OA C . SULMAN ff � 1144 • ,; `mow r..�.'�' �FS CONCRETE CURB1 164.80' - . (1yptCAl) N 80'1000` W SOUTH PLAZA TRAIL(80'R/W). GRAPHIC SCALE TfKP110KAIYSI"NNIXDN A N 301 ADPI'AAs TO ♦# aOGTEO IN fLm201TJFr• ..Xr AS M" CIN FX" FLOOD HAZMDNA commUN1tYPMEL =NO. 3 1.1982 0 20 50 100 M[MaO17r "E�KfrtymnAN loutv=$ fiRAmt.M: ormm 162.1 Mfrmt"ct Ram VA AL,aK"6a '4N 1oW PHYSICAL' SURVEY OF 3 A-13.71' R- 10.00' BRICK SIGN Lo w 0 c) 0. z 0 SHEET 1 OF 1 SUBDtVISHNI OF PROPERTY OF JOBAt 960 FO G.S.B. DRAWN BY G. • W .C:LA YESTAIF' D PIAT RECORM W LYNNHAVEN BOROUGH VtROtNW BEACH, MORIN VIRGINIA BEACH, VA FOR M.B. 136. PG. 31 PHtXM VAN NOUWN & W i01 T. NQUM 1 03/28/08 CUP(private school Granted 2 10/23/07 CUP church Granted 3 11/22/05 Change of Zoning 0-2 to Conditional B-1 Granted ZONING HISTORY" GREATER HOPE OF SURE STATEMENT HC:L:C� SCLOSURE firm, business, or other unincorporated ames of all officers, members, trustees, ¢ary) �cirtle sidiary' or affiliated business entity P if necessary) oration, partnership, firm, business, or :R DISCLOSURE is different from applicant. iship, firm, business. or other )flowing: the names of all officers, members, t if necessary) rsidiary' or affiliated business entity t if necessary) 'OT a corporation, partnership, firm, lanization. Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No Ifyes, what is the name of the official or employee and the nature of their interest? Cord tbonat Use Permit AWtcalm Page s a, tis R,Ased 713,1,YW 7 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or wrill 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) 'Parent -subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly Owns shares possessing more than 60 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 22-3101- z *Affiliated business entity relationship' means 'a relationship, other than parent - subsidiary relationship, that exists when () 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 hearing according to the instructions in this package The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photographand view the site for purposes of processing and evaluating this application. Xpplicant's Signature Rrint Marne TrOPerty Owner's Signature (if different than applicant) Print Name CoWtons4 Use Pemt Apphoalion Page 10 of 10 Revised 7r3W7 DISCLOSURE STATEME GREATER HOPE OF DELIVERAI Agenda 4T CE 16 0, Item #16 Greater Hope of Deliverance Ministries Conditional Use Permit 3692 South Plaza Trail #2 District 3 Rose Hall April 14, 2010 CONSENT Jay Bernas: The next matter is agenda item 16. An application of Greater Hope of Deliverance Ministries for a Conditional Use Permit for religious uses on property located at 3692 South Plaza Trail #2, District 3, Rose Hall. Is there a representative here on this application? Okay. Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Felton to please review this item. Christopher Felton: Thank you Mr. Bernas. The applicant requests a Conditional use Permit to allow a church to occupy the east side of an existing building located at 3692 South Plaza Trail #2. The church that is subject to this current request holds worship services on Sunday, typically from 11:30 a.m. until 1:00 p.m., bible study on Wednesday evenings, and prayer meetings on Friday evenings. At this time, there are approximately 15 adult members of the congregation, and they hope to grow in the future. The proposal is compatible with the adjacent residential and business uses in the area, and the entire building is now occupied by a church use. The application has been reviewed and meets all requirements. There is no opposition, and staff recommends approval. The Commissioned concurs, and asks that it be placed on the consent agenda. Jay Bernas: Thank you. I will make a motion to approve agenda item 16. Joseph Strange: A motion made by Mr. Bernas. Do I have a second? Kathy Katsias: Second. Joseph Strange: A second by Ms. Katsias. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE ABS 0 ABSENT 0 Item #16 Greater Hope of Deliverance Ministries Page 2 RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 16. Internet Marketing v . . jr-. I r^' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: INTERNET MARKETING TRAINING CENTER, INC.1 DAVID BYLER Conditional Use Permit, vocational school, 512 S. Independence Boulevard. ROSE HALL DISTRICT MEETING DATE: May 11, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow a computer -oriented training center within a small office complex. This center provides training for use of websites and online marketing of businesses. The training center will be within a 3,200 square foot facility located at the front of a five building office complex. The subject building is adjacent to South Independence Boulevard. The office complex is a traditional design with one ingress- egress on South Independence Boulevard. ■ Considerations: The training center will employ up to ten individuals. The hours of operation will be 8:00 a.m. until 8:00 p.m., Monday through Friday. The average class size will be approximately 30 students. There is one large classroom which can be divided into two smaller rooms. The large room can accommodate up to 50 individuals for occasional one day or'open house' promotional seminars. These special events would be scheduled at non -peak hours. The proposal is in conformance with the Comprehensive Plan's recommendations. Of the desired outcomes that the Comprehensive Plan identifies, the following are relevant to this application: economic vitality and lifelong learning where people can find education and personal enrichment opportunities appropriate for their stage and position in life (page 1-2). The applicant's proposal will provide training that can be used to enhance existing or create new businesses and thus increase the city's economic vitality. The training center is compatible with the adjacent uses within the office complex. Some students will be distance learning from off-site and will not utilize the surface parking spaces or adding to the number of trips on South Independence Boulevard. For those attending training sessions, shared parking is available within the complex, as well as with the neighboring property at 516 S. Independence Blvd. Internet Marketing Training Center Page 2 of 2 There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The onsite signage for the office complex and the training center shall meet the requirements of the Zoning Ordinance. There shall be no signs, including neon or L.E.D. signs or accents, installed on any wall area of the exterior of the building, windows, or doors 2. The hours of operations shall be from 8:00 a.m. until 8:00 p.m., Monday through Friday. 3. Prior to operating the training center at this location, all applicable building Permits and occupancy permits shall be obtained from the City of Virginia Beach, Department of Planning, Permits and Inspections Division. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. k . -Nw4L- REQUEST: Conditional Use Permit (school - vocational) 20 April 14, 2010 Public Hearing APPLICANT: INTERNET MARKETING TRAINING CENTER ADDRESS / DESCRIPTION: 498 South Independence Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: 14766887940000 ROSE HALL 3 52,024 SF LEASE SPACE: 3,200 SF PROPERTY OWNER: MOUNT TRASHMORE OFFICE LC STAFF PLANNER: Karen Prochilo AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a computer oriented training center within a small office complex. This center provides training for use of websites and online marketing of businesses. The training center will be within a 3,200 square foot facility located at the front of a five building office complex. The subject building is adjacent to South Independence Boulevard. The office complex is a traditional design with one ingress- egress on South Independence Boulevard. The training center will employ up to ten individuals. The hours of operation will be 8:00 a.m. until 8:00 p.m., Monday through Friday. The average class size will be approximately 30 students. There is one large classroom which can be divided into two smaller rooms. The large room can accommodate up to 50 individuals for occasional one day or'open house' promotional seminars. These special events would be scheduled at non -peak hours. INTERNET MARKETING TRAINING CENTER / MOUNT TRASH LAND USE AND ZONING INFORMATION EXISTING LAND USE: Office Complex Street Name SURROUNDING LAND North: . Mt. Trashmore Park / P-1 Preservation District USE AND ZONING: South: . Across South Independence Boulevard S. Independence • Office uses, mixed retail / B-2 Community Business District East: . Office uses / B-2 Community Business District West: . Mt. Trashmore Park / P-1 Preservation District NATURAL RESOURCE AND This developed site is within the Chesapeake Bay watershed. There do CULTURAL FEATURES: not appear to be any significant environmental or cultural features as the site is almost entirely impervious. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Independence Boulevard is a six -lane divided major urban arterial. The MTP proposes a divided facility with bikeway within a 150 foot wide right-of-way. Currently, this segment of roadway is functioning over capacity at a Level Of Service F. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic S. Independence 72,685 ADT 26,300 ADT (Level of Existing Land Use 2— Boulevard Service "C") 35 ADT 42,100 ADT' (Level of Proposed Land Use 3— Service "D") / Capacity 60 ADT 48,200 ADT' (Level of 6 morning peak hour vehicles Service "E") (total) 6 afternoon peak hour vehicles total Average Daily Trips ' as defined by 3,200 square foot office a as defined by school with 50 students WATER and SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION The Comprehensive Plan identifies this site as being within the Suburban Area. General planning principles focus on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods as well as reinforce the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. INTERNET MARKETING TRAINING CENTER / MOUNT TRASHMORE'' OFFICE I �' Agenda !tern Pag, Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations. Of the desired outcomes that the Comprehensive Plan identifies, the following are relevant to this application: economic vitality and lifelong learning where people can find education and personal enrichment opportunities appropriate for their stage and position in life (page 1-2). The applicant's proposal will provide training that can be used to enhance existing or create new businesses and thus increase the city's economic vitality. The training center is compatible with the adjacent uses within the office complex. Some students will be distance learning from off-site and will not utilize the surface parking spaces or adding to the number of trips on South Independence Boulevard. For those attending training sessions, shared parking is available within the complex, as well as with the neighboring property at 516 S. Independence Blvd. Staff, therefore, recommends approval of this request with the conditions below. CONDITIONS 1. The onsite signage for the office complex and the training center shall meet the requirements of the Zoning Ordinance. There shall be no signs, including neon or L.E.D. signs or accents, installed on any wall area of the exterior of the building, windows, or doors 2. The hours of operations shall be from 8:00 a.m. until 8:00 p.m., Monday through Friday. 3. Prior to operating the training center at this location, all applicable building permits and occupancy permits shall be obtained from the City of Virginia Beach, Department of Planning, Permits and Inspections Division. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. INTERNET MARKETING TRAINING CENTER / MOUNT TRASH � ( � �, ■ | lip piI `§f § � r- _ �����| |filfti alli III ■ PHOTOGRAPH OF SITE AND INTERNET MARKETING TRAINING CENTER / MOUNT TRASHMORE O 1 06/09/09 MOD of Conditions Granted 09/22/98 Change of Zoning P-1, B-2 to 1-1 Granted 2 08/25/98 Change of Zoning (B-2 to 0-1) Granted CUP senior & disabled housing) Granted 3 02/06/87 CUP fuel sales)Granted D .» APPLICANT DISCLOSURE One ap licanz is a corporation, partnership, first, business, or other un rrcc; porated 'dgarixatfor,. complete the following: List me applicant name followed by the names of all officers, members, trustees, part,iers. etc. below: (Attach list if recessa: yr /?t'L _.��!%�:Ii7Y6l,i!6+' �'••�1ljl�/Jrs .B/rry?__._..._ls✓' �m Lis: all b:.s°nesses that have a parent -subsidiary`' or affiliated business entity, reVionship with the applicant: (;attach list if necessary) ane -Ct. hers=: if the applicant is NOT a corporation, partnership firm; k usiness, cr e M ncorporated organization. PROPERTY OWNER DISCLOSURE e n., is 5e r,u?' t1 v Y ft`,01'0pe'rt;y Own ?s ofiffg r n, o ' f��1ti') t$. p I1;�::ty t :parser is a corporation, partnershi; firm, business,, or other cors}orated organization. complete the following - 0 €s, tr. pPo ortV u�,Vner name followed by the names of al officers me,rr be- lrUF':ae. artr ers, etc. below: (Attach hst if ne:;essary 5t -= .,Llsi+)esses that have a parent -subsidiary cr affiliated business t it, ,, tie adoficant: (Attach {7$t ){ rtef!easD!-ji1 F E', Check here the property= turner is NOT a corporation partnership "irm, bus. nese, or other unincorporated organization & ; ex e f- r fou.^otes ^„Jn Ct€ € ?i fir el IV.��e� ofthe City 9 `'gr.^?m2 Bec3Ch llciV`E a** int_r,.5 it s e v ec.s l Yes _ No Yo t,,_ ” ??e of t e cfficsal or empl--yee and tie nature ;:f tnei in *ores: t INTERNET MARKETING TRAINING CENTER / MOUNT TRASH rs> arra OFFICE LC agenda a#erg 20 Page 8 DISCLOSURE STATEMEI�iT 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) ' '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. `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 hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of, Planning to photograph and view the site for purposes of processing and evaluating this application Applicant's ignature Print Name Signature Elf different than applicant) Print Narne INTERNET MARKETING TRAINING CENTER / MOUNT Cordrioniii Lice Pe"M APt IGW ter: Page 1C of I Revises 7:W2O a? Item #20 Internet Marketing Training Center Conditional Use Permit 512 S. Independence Boulevard District 3 Rose Hall April 14, 2010 CONSENT Jay Bernas: The next matter is agenda item 20. This is an application of Internet Marketing Training Center for a Conditional Use Permit for a vocational school on property located at 512 S. Independence Boulevard, District 3 Rose Hall. Welcome. Thomas Antion: Thomas Antion. I'm President of the school. I want to thank you for having me on the consent agenda. I also want a special thank you because now if I want to get a tattoo, I just walk around my back door, and it is in the parking lot. So, thank you very much for that. We've read the conditions and everything is fine. Jay Bernas: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Felton to please review this item. Christopher Felton: Thank you Mr. Bernas. The application requests a Conditional Use Permit to allow for a computer training center within a small office complex. The center provides training for the use of websites and online marketing of businesses, and is located at 512 S. Independence Boulevard. The subject building is adjacent to South Independence Boulevard. The training center will employ up to 10 individuals. The average class size will be approximately 30 students, and the training center is compatible with the adjacent uses within the office complex. Some students will be distance learning from off site, and will not utilize the surface parking spaces nor adding traffic to South Independence Boulevard. For those attending training sessions, shared parking is available within the complex. The application has been reviewed, and meets all requirements. We are unaware of any opposition to the application. Staff recommends approval, and we concur with staff's recommendation, and ask to have it placed on the consent agenda. Jay Bernas: Thank you. I will make a motion to approve agenda item 20 Joseph Strange: A motion made by Mr. Bernas. Do I have a second? Kathy Katsias: Second. Joseph Strange: A second by Ms. Katsias. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE Item #20 Internet Marketing Training Center Page 2 BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of I 1-0, the Board has approved item 20. ,� I , � I k [ �1- I -1� SULU C LIP - C I i,i rc h (C i; ape! 6 S c 17 oc I o I D i v it? ity,� :J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: REGENT UNIVERSITY, Conditional Use Permit, religious uses, 1000 Regent University Drive. CENTERVILLE DISTRICT MEETING DATE: May 11, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for a chapel and a school of divinity. The proposed development is to be located within the heart of the Regent University campus. ■ Considerations: The submitted site development plan depicts the Chapel, a building for the School of Divinity, a future prayer garden, a parking lot, and landscaping. There are 95 parking spaces and four handicap -accessible spaces depicted on the plan. Additional parking is located in the parking area for the communications building. The proposed Chapel is two -stories in height and approximately 30,000 square feet in floor area. Seating capacity for the Chapel is 1,000 seats. The proposed School of Divinity is three stories in height and approximately 44,000 square feet in floor area. One floor of the building will be devoted to classrooms with the other two floors designated as office space for faculty and staff. The proposed buildings are of Georgian architecture in keeping with the existing architecture of the Regent University campus. The development will be high quality, as recommended by the Comprehensive Plan. The proposed uses are oriented to the needs of the students, faculty, and staff of Regent University; therefore, parking and traffic impacts should be minimal since the Chapel will not generate trips beyond what already exist on the site. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: Regent University Page 2 of 2 1. Development of the site shall substantially conform to the submitted plan entitled "REGENT UNIVERSITY CHAPEL AND DIVINITY SCHOOL" prepared by Kellam Gerwitz Engineering — Surveying — Planning. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The proposed buildings shall substantially conform to the submitted rendering prepared by Hardwicke Associates. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentiAgency: Planning Department I City Manager;,—:� � V REQUEST: Conditional Use Permit (Chapel and School of Divinity) ADDRESS / DESCRIPTION: 1000 Regent University Drive 7 April 14, 2010 Public Hearing APPLICANT AND PROPERTY OWNER: REGENT UNIVERSITY STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14558867640000; CENTERVILLE 3.74 acres Less than 65 dB DNL 14557982580000; 14558932760000; 14558807500000 The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site for a chapel and a school of divinity. The proposed development is to be located within the heart of the Regent University campus. The proposed Chapel is oriented to the needs of the students, faculty, and staff of Regent University. The submitted site development plan depicts the Chapel, a building for the School of Divinity, a future prayer garden, a parking lot, and landscaping. There are 95 parking spaces and four handicap -accessible spaces depicted on the plan. Additional parking is located in the parking area for the communications building. The proposed Chapel is two -stories in height and approximately 30,000 square feet in floor area. Seating capacity for the Chapel is 1,000 seats. The proposed School of Divinity is three stories in height and approximately 44,000 square feet in floor area. One floor of the building will be devoted to classrooms with the other two floors designated as office space for faculty and staff. The proposed buildings are of Georgian architecture in keeping with the existing architecture of the Regent University campus. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Regent University campus SURROUNDING LAND North: . CBN Main Building and Regent University campus / B-2 USE AND ZONING: Business South: . Regent University campus / 0-2 Office East: . Regent University campus / 0-2 Office West: . Regent University campus / R5 -D Residential NATURAL RESOURCE AND The site is in the Resource Management Area of the Chesapeake Bay CULTURAL FEATURES: Preservation area. The applicant has taken care to develop the campus in accordance with all stormwater management requirements. There are no cultural features associated with the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Regent University Drive is a two-lane undivided collector and local street. Centerville Turnpike is a two-lane minor suburban arterial. The Master Transportation Plan proposes a divided roadway with bikeway and scenic buffer within a 150 -foot wide right-of-way. Currently, this segment of roadway is functioning over capacity at a LOS F. Centerville Turnpike — Phase II (CIP 2-005) provides for the construction of a four -lane divided highway within a 145 foot wide right-of-way from Indian River Road to Kempsville Road. The project will include full improvements along Centerville Turnpike at the Indian River Road and Kempsville Road intersections. Currently, this project is on the City's "Requested But Not Funded Project Listing." The narrative submitted with the Use Permit application states that, "The chapel will be connected to the Divinity administration building ....... and service the needs of the students, faculty and staff of Regent University." Since the chapel will service the needs of the students and faculty, Traffic Engineering assumes that the chapel will be visited by existing students, mostly during the week, and produce little to no new trips. The Divinity administration building will have the same assumption of only existing faculty and staff utilizing the building. TRAFFIC: Present Street Name Volume Present Capacity Generated Traffic Regent University 5,355 ADT 9,900 ADT Existing Land Use —1,232 Drive ADT REGE Centerville 1 U,Zbb 1 b,UUU Proposed Land Use 3— Turnpike 1,232 ADT Average Daily Trips las defined by existing university campus 3 as defined by the site being used by staff and students of the universi STORMWATER MANAGEMENT: The applicant will address stormwater management during detailed site plan review. The campus has been planned to accommodate stormwater from each phase of the development. WATER: This development must connect to City water. There is a 10 -inch City water main in Regent University Drive and a 12 -inch City water main to the east and south of the proposed development. SEWER: This development must connect to City sanitary sewer. The applicant will provide an analysis of Pump Station #442 and the sanitary sewer collection system to ensure future flows can be accommodated. There is an eight -inch City gravity sanitary sewer main along the private internal loop of Regent University Drive. SCHOOLS: School populations are not affected by the request. EVALUATION AND RECOMMENDATION The Comprehensive Plan identifies this site as being within the Suburban Area, adjacent to Strategic Growth Area 2 (SGA 2), Centerville / Regent. The Plan notes that future development within this area should: 1. Recognize the diversity of adjoining uses including neighborhoods, offices, institutions, and landfills; 2. Take advantage of the visibility afforded by the interstate highway and planned roadways; and 3. Complement the education and religious institutions located along the eastern boundary of this SGA. The Plan also notes that buildings in this SGA should "complement the high quality site design and architectural vernacular exhibited on the CBN/Regent University campus," (P. 2-10). Staff concludes that the request is in keeping with the recommendations of the Comprehensive Plan for the area, and is part of the overall development plan for the Regent University / CBN Television Network site. The development will be high quality, as recommended by the Comprehensive Plan. The proposed uses are oriented to the needs of the students, faculty, and staff of Regent University; therefore, parking and traffic impacts should be minimal since the Chapel will not generate trips beyond what already exist on the site. The request for a Conditional Use Permit for a Chapel and School of Divinity on the site is recommended for approval with the conditions below. CONDITIONS 1. Development of the site shall substantially conform to the submitted plan entitled "REGENT UNIVERSITY CHAPEL AND DIVINITY SCHOOL" prepared by Kellam Gerwitz Engineering - Surveying - Planning. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The proposed buildings shall substantially conform to the submitted rendering prepared by Hardwicke Associates. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AERIAL OF SITE LOCATION Lowim s R 1J o .. PROPOSED BUILDING ELEVATION \iap BX -9 imcguit University ' Lako , --- _ _..-----..... ....... c: UP - Church (Chapel & School of Divinity) 1. 2/11/09 Conditional Use Permit (Student r Dormitories and Dining hall) 8/2/04 Conditional Use Permit (Athletic club) Withdrawn 12/12/00 Rezoning (R -5D Residential to 0-2 Office) Approved Rezoning (R -5D Residential to 0-2 Office) 7/6/93 Rezoning (R-8 Residential to H-1 Hotel Approved i r} F fieri r' ���✓/i✓�. Permit (Satellite Dish and Horse Stables) v' i; j` Y4- Rezoning (R-8 Residential to A-2 ' Lako , --- _ _..-----..... ....... c: UP - Church (Chapel & School of Divinity) 1. 2/11/09 Conditional Use Permit (Student Approved Dormitories and Dining hall) 8/2/04 Conditional Use Permit (Athletic club) Withdrawn 12/12/00 Rezoning (R -5D Residential to 0-2 Office) Approved Rezoning (R -5D Residential to 0-2 Office) 7/6/93 Rezoning (R-8 Residential to H-1 Hotel Approved and R-1 Residential) Conditional Use 1/16/34 Permit (Satellite Dish and Horse Stables) Approved Rezoning (R-8 Residential to A-2 Apartment) and Conditional Use Permit (Student housing) 12/14/81 Approved 6/15/81 R1 Q' )SURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) See attached ljst. 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) See attached fist. 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity` relationship with the applicant: (Attach list if necessary) C Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 21 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 X If yes, what is the name of the official or employee and the nature of their interest? NA Page S of key sea 7,1a,`2,0,0� DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal "ces: (Attach list if necessary) and Associates- Architect; Pace Collaborative—mechanical and electrical design and Theys- General Contractor 11 "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. ` "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, (C3 a controlling owner in one entity is also a controlling owner in the other entity, or {ii} 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 envies 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 wonting 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 hearing according to the instructions in this package. The undersigned o consentslo entry upon the subject property by employees of the Department of Planning to otograph a iew the site for purposes of processing and evaluating this application Signature , Property Owner`s Signage (if different than applicant) R Print Name Print Name !CXJKR" I 1 1- ISTEE Ulff (Januar)'27,2010) Wellington Boone Tamara Lowe Ben Carson Bill Maynard Vern Clark Cheryl McLeskey Chauncey Crandall David Melilli Roberta Eldred Lowell Morse Bill Federer Condly Phillips Jim Funah Bede Robertson Joe Gregory Pat Robertson Roberta Hromas Tom Saltsgiver Kay Peng Khoo Danny Sellers Tom Knox Magda Serrano Michael cattle Bob Snelling Howard Long Bob AAI'atkins Item #7 Regent University Conditional Use Permit 1000 Regent University District 1 Centerville April 4, 2010 CONSENT Jay Bernas: The next matter is agenda item 7. This is an application of Regent University for a Conditional Use ]Permit for religious uses on property located 1000 Regent University Drive, District 1, Centerville. Is there a representative here on this application? Welcome. Please state your name. Robert Kellam: Yes, Robert Kellam. I'm the engineer on the project. I've read the conditions and we have no objections. Jay Bernas: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Katsias to please review this item. Kathy Katsias: The application being Regent University requests for a Conditional Use Permit to allow development of the site for a chapel in the School of Divinity. The proposed development is to be located within the heart of Regent University campus. The proposed chapel is oriented to the needs of student, faculty, and staff of Regent University. Staff recommends approval. We concur with staff, therefore placed it on the consent agenda. Jay Bernas: Thank you. I will make a motion to approve agenda item 7. Joseph Strange: A. motion made by Mr. Bernas. Do I have a second? Kathy Katsias: Second. Joseph Strange: A second by Ms. Katsias. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE ABS 0 ABSENT 0 Item #7 Regent University Page 2 RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 7. Niall 1-- "r L, =MISIO"cw teulruW CUP tor Church S ¢F' t •J ILI �Vyvv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRIDGEWAY COMMUNITY CHURCH / BLANFORD PARTNERSHIP, Conditional Use Permit, religious use, 752-758 Independence Boulevard. BAYSIDE DISTRICT MEETING DATE: May 11, 2010 ■ Background: The applicant requests a Conditional Use Permit for a 70 -member church to operate during Sunday mornings within the Cinema Cafe, located in the Pembroke Meadows Shopping Center. ■ Considerations: Church services and Christian education classes will be held on Sunday mornings from 8:00 a.m. to 11:30 a.m. The church does not propose to utilize the Cinema Cafe unit of the shopping center any other days than Sunday. The main theater, where the church services are held, has 144 seats. There are two other theaters, which will hold the education classes, the nursery, and a children's church. The Pembroke Meadows Shopping Center is an established commercial center that provides uses that serve the surrounding neighborhoods, which is consistent with the Comprehensive Plan's description of the function of the Suburban Area. The use of the Cinema Cafe for a church on Sunday mornings is an appropriate use of this space during off-peak commercial hours. According to the Building Official, the applicant does need to acquire a new Certificate of Occupancy for the proposed church use, as the movie theater and cafe are technically a different classification within the same use. In regard to parking, the Zoning Ordinance requires 28 parking spaces for a church with 144 seats. The parking is available on the site, as the church use requires the same amount of seating as the existing movie theater use. The church currently has 70 members; thus, there is more than adequate parking. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: Bridgeway Community Church Page 2 of 2 1. The number of individuals attending any one service shall not exceed the occupancy number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. Church services and Christian education classes shall only occur on Sunday mornings until 12:00 p.m., noon. 4. This Conditional Use Permit is valid for three (3) years from the date of approval by the Virginia Beach City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Ag ency: Planning Department I , City Manage . S . Map t V4, �i§Y Bridgemac Community Church Asz Al2 R20 A-12, t 52 `" Pf 8 2 1 / Ali 82 - RIO, Rita wen. w.w.Mr ew+r...t amrd CUP tns Church REQUEST: Conditional Use Permit (church) 6 April 14, 2010 Public Hearing APPLICANT: BRIDGEWAY COMMUNITY CHURCH PROPERTY OWNER: BLANFORD PARTNERSHIP STAFF PLANNER: Carolyn A.K. Smith ADDRESS / DESCRIPTION: 752-58 Independence Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14785289320000 BAYSIDE Total site: 3.79 acres Less than 65 dB DNL Unit: 7,700 square feet APPLICATION HISTORY: The Planning Commission deferred this application on March 10, 2010, due to an incorrectly completed Disclosure Statement. That issue is now resolved and the application can proceed. The applicant requests a Conditional Use Permit for a 70- SUMMARY OF REQUEST member church to operate during Sunday mornings within the Cinema Cafe, located in the Pembroke Meadows Shopping Center. Church services and Christian education classes are held on Sunday mornings from 8:00 a.m. to 11:30 a.m. The church does not propose to utilize the Cinema Cafe unit of the shopping center any other days than Sunday. The main theater, where the church services are held, has 144 seats. There are two other theaters, which will hold the education classes, the nursery, and a children's church. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Shopping center with parking lot SURROUNDING LAND North: . Office / B-2 Community Business District USE AND ZONING: South: Present Capacity Generated Traffic Mixed retail / B-2 Community Business District East: . Townhouses / A-12 Apartment District West: . Independence Boulevard • Mixed retail / B-2 Community Business District NATURAL RESOURCE AND The site is located within the Chesapeake Bay watershed. There are no CULTURAL FEATURES: significant natural or cultural features on this site as it is almost entirely impervious. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Independence Boulevard Is a six -lane divided urban arterial. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Independence26,300 ADT (Level of Existing and Use — 266 ADT Boulevard 51,685 ADT Service "C") — 48,200 ADT Proposed Land Use 3— 266 ' Level of Service "E" ADT Average Daily Trips s as defined by a 144 seat movie theater 3 as defined by a 144 seat church sanctuary EVALUATION AND RECOMMENDATION The Comprehensive Plan designates this site as part of the Suburban Area. On page 3-1 of the Plan, the general planning principles for the Suburban Area focus on the importance of preserving and protecting the overall character, economic value, and aesthetic quality of neighborhoods and of reinforcing the suburban characteristics of commercial centers and other non-residential areas of the Suburban Area. The Pembroke Meadows Shopping Center is an established commercial center that provides uses that serve the surrounding neighborhoods, which is consistent with the Comprehensive Plan's description of the function of the Suburban Area. The use of the Cinema Cafe for a church on Sunday mornings is an appropriate use of this space during off-peak commercial hours. According to the Building Official, the applicant does need to acquire a new Certificate of Occupancy for the proposed church use, as the movie theater and cafe are technically a different classification within the same use. In regard to parking, the Zoning Ordinance requires 28 parking spaces for a church with 144 seats. The parking is available on the site, as the church use requires the same amount of seating as the existing movie theater use. The church currently has 70 members; thus, there is more than adequate parking. Staff recommends approval subject to the conditions below. BRIDGEWAY COMMUNITY CHURCH / BLANFORD 1. The number of individuals attending any one service shall not exceed the occupancy number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. Church services and Christian education classes shall only occur on Sunday mornings until 12:00 p.m., noon. 4. This Conditional Use Permit is valid for three (3) years from the date of approval by the Virginia Beach City Council. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. A\ t@l 7Q1 I I =M t&TIW. I N CAI W # E4 E � 1 AE I ii ` x Z zaia I I r w Map ?eot to Scale Op 1 a GS Bi nriug'CWay uommunity k ilurcl P1 CUP for Church 1 07/01/97 Use Permit car wash Granted 2 09/23/97 Use Permit fuel sales Granted 3 •04/13/99 Use Permit indoor recreational facility) Granted DISCIL +r" STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or cater unincorporated organization, complete the following• i. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Rev. Dr, DenniS L Boone, Pastan, Rev, Greg Reyrx)lds, Drstrict Supt.. The Wesleyan. Church 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) D 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., firma business, or Cather unincorporated organization, complete the following 1. List the property outer name followed by the names of all officers, members. trustees, partners, etc. below: (,Attach las` if necessary) El€snford Partnership 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (,Attach list if necessary) D Check here if the property owner is NOT 9 corporation, partnership, firm, business, or other unincorporated organization. `See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No x if yes. what is the name of the official or employee and the mature of their interest? tanNlkmal a Pe,n*t AppkaWn Nge 9 of 10 rrr DISCLOSURE STATEMENT- BRIDGEWAY COMMUNITY CHURCH / BLANFORD DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors gr businesses that have or will provide services with respect to the requested property isse, including but not limited to the providers of architectural services, real estate services, financial servicers, accounting services, and legal services- (Attach list if necessary) ' "Parent -subsidiary relationship" means's relationship that exists when one corpors€tian directly or indireqly owns sharers possessing more than 50 Percent of the voting Power of another corporation— See State and Local Government Conflict or interests Act, va. Code § 2.2-3101 's `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 to one entity is also a controlling owner in the other entity, or (iii) there is shared management ar control between the business entities, Factors that should be considered in determining the existence of an affiliated business envy relationship include the the same person or substantially the sante person awn or manage the two entities, there are common or commingled funds or assets, the business entities share the use of the some offices or employees or otherwise share 8 divvies. resources or personnel on a regular bases; or there Is otherwise a diose working relationship Wutwee!n the entities." See State and Lo r Government Conflict of Interests Act, Va. Code 2.2-3101 f-KTIFIGATIOM I certify that the information contained herein is true and aixtwate, I understand that, upon receipt of notification (postcard) that the app€rcation has been sC heduW for pubfie nearing, I am re"rliiiicifs for obtaen ng and posting the required sign on ttte xt,roloo property at leeiat ou days pricer to the scheduled public hearing according to the instructions in this paw The Undersigned also consents to entry upon the subject property by employees of dee Department of Planning Its ft ,aph and view the site for purpo"s of proc*ssing and evaluating this approation, lip aticecrtY,sgltat^a Print Marine 1 t 1 AA ffCr Prcl;Arty Owner's Signature {if different anal, applicant;,, Print tla a Pale IC of rti. Rtw,*od 71'12007 DISCLOSURE S BRIDGEWAY COMMUNITY CHURCH / BLANFORD Agenda I ENT.. iIP 06 �e Item #6 Bridgeway Community Church Conditional Use Permit 752-758 Independence Boulevard District 4 Bayside April 14, 2010 CONSENT Jay Bernas: The next matter on the agenda is agenda item 6. This is an application of Bridgeway Community Church for a Conditional Use Permit for a religious use on property located at 752-758 Independence Boulevard, District 4, Bayside. Please state your name? Pastor Dennis Boone: I'm Dennis Boone. I'm the Pastor of the church. Jay Bernas: Are the conditions acceptable? Pastor Dennis Boone: Yes sir. Jay Bernas: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Redmond to please review this item. David Redmond: Thank you Mr. Bernas. The application, Bridgeway Community Church requests a Conditional Use Permit for a 70 member church to operate during Sunday mornings within the Cinema Cafe located at the Pembroke Meadows Shopping Center. Church services and Christian education classes are held on Sunday morning from 8 a.m. to 11:30 a.m. The church does not propose to utilize the Cinema Cafe unit of the shopping center any other days than Sunday. I live very close this site. Mr. Ripley lives very close to this site. It is a very clean, well maintained, well lighted shopping center and this is an entirely benign and beneficial use. Staff is unaware of any opposition to the application. Staff supports the application. The Commission concurs by consent. Thank you. Jay Bernas: Thank you. I will make a motion to approve agenda item 6. Joseph Strange: A motion made by Mr. Bemas. Do I have a second? Kathy Katsias: Second. Joseph Strange: A second by Ms. Katsias. AYE 11 NAYO ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE Item #6 Bridgeway Community Church Page 2 HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 6. Beficver`-� Hotisw X7 tvi- rurtriurcnf.omrnunlV Lfre Center k Alk R -75 Al2 R7,5 A36 B2 B 2 B2 A4 2 B2 B2- stuftf CT A let 7�4 12 V", i tvi- rurtriurcnf.omrnunlV Lfre Center .:i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BELIEVER'S HOUSE WORLD WIDE MINISTRIES / NEWTOWN SQUARE ASSOCIATES, LLC, Conditional Use Permit, religious use, 544 Newtown Road, Suite 118. KEMPSVILLE DISTRICT MEETING DATE: May 11, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow a 4,500 square foot community life center operated by the Believer's House World Wide Ministries, which is located within the same shopping center. The church has occupied units within this shopping center since 2007. The church operates a private school, as well as holds religious services for up to 350 members. ■ Considerations: The application indicates that the proposed volunteer -run facility will offer the following: community outreach and awareness, AIDS awareness, cultural activities, diabetes education, drug awareness and prevention, instructional and GED classes, unwed mother instruction, tutoring, and entertainment such as concerts, youth events, weddings, seminars, and mentoring programs. Typical hours of operation are proposed as 10:00 a.m. to midnight, and occasionally a special event may continue until 2:00 a.m. No alcohol will be served. With the expansive list of activities and opportunities offered through the proposed community life center, the proposal will provide a much needed service to the area, using volunteers and private funds. There are 457 parking spaces within this 92,000 square foot shopping center, which is more than sufficient to meet the needs of all or the tenants within this center. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: The number of occupants in the Community Life Center shall not exceed the occupancy number for the unit established by the City's Fire Marshall Believer's House World Wide Ministries Page 2 of 2 for this use. 2. A Certificate of Occupancy shall be obtained from the Building Official's Office. 3. On-site security shall be provided for any special event that continues beyond midnight (12:00 a.m.). ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmenVAgency: Planning Department City ManagerC '`L 'slap c-6Wci -I — tele IVLinistries ;r R73 1B2 A36* 02 4 x 12 w • 7—i.a wm c -a* P,aa- CUP for Church.t ommunfty Lffe Center REQUEST: Conditional Use Permit (church) ADDRESS / DESCRIPTION: 544 Newtown Road 12 April 14, 2010 Public Hearing APPLICANT: BELIEVER'S HOUSE WORLD WIDE MINISTRIES PROPERTY OWNER: N EWTOW N SQUARE ASSOCIATES, LLC STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14683033400000 KEMPSVILLE 8.906 acres Less than 65 dB DNL BUILDING UNIT SIZE: 4,480 square foot unit The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST 4,500 square foot community life center operated by the Believer's House World Wide Ministries, which is located within the same shopping center. The church has occupied units within this shopping center since 2007. The church operates a private school, as well as holds religious services for up to 350 members. The application indicates that the proposed volunteer - run facility will offer the following: community outreach and awareness, AIDS awareness, cultural activities, diabetes education, drug awareness and prevention, instructional and GED classes, unwed mother instruction, tutoring, and entertainment such as concerts, youth events, weddings, seminars, and mentoring programs. Typical hours of operation are proposed as 10:00 a.m. to midnight, and occasionally a special event may continue until 2:00 a.m. No alcohol will be served. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Shopping center with parking lot SURROUNDING LAND North: . Baker Road USE AND ZONING: • Retail / B-2 Community Business District • Auto -related uses / 1-1 Light Industrial District South: . Charter bus service / 1-2 Heavy Industrial District • Multifamily dwellings / A-18 Apartment District East: . Multifamily dwellings / A-18 Apartment District West: . Mixed retail / B-2 Community Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There are no known CULTURAL FEATURES: significant environmental or cultural features on the site, as it is almost entirely impervious. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Newtown Road in the vicinity of this site Is considered a four -lane undivided minor suburban arterial. The MTP proposes a divided facility with bikeway within a 150 foot wide right-of-way. No roadway CIP projects are slated for the roadways surrounding the site. Baker Road adjacent to this site is considered a two-lane undivided collector street. The MTP proposes an undivided facility with a bikeway within a 70 -foot wide right-of-way. A CIP project is slated for this roadway. Baker Road Extended (CIP 2-071) provides for construction of Baker Road from Bulls Bay Drive to just west of Holly Farms Drive. The proposed roadway will consist of a two-lane collector street within a 70 -foot wide right- of-way and a signalized intersection at North Witchduck Road. There will also be upgrading to the landscaping and a multi -use path. This site is not impacted by the project. TRAFFIC: I Street Name Present Volume Present Capacity Generated Traffic Newtown Road 20,052 ADT 28,200 ADT (Level of Existing Land Use — Service "C") — 32,800 Weekday 192 ADT ADT' (Level of Service Sunday 113 ADT "E") Proposed Land Use 3- 187 Weekday ADT 187 Sunday ADT Average Daily Trips s as defined by retail use s as defined by an education center use rather than retail WATER & SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. With the expansive list of activities and opportunities offered through the proposed community life center, the proposal will provide a much needed service to the area, using volunteers and private funds. There are 457 parking spaces within this 92,000 square foot shopping center, which is more than sufficient to meet the needs of all or the tenants within this center. Staff recommends approval subject to the conditions below, including a condition requiring security for events that continue past midnight. CONDITIONS 1. The number of occupants in the Community Life Center shall not exceed the occupancy number for the unit established by the City's Fire Marshall for this use. 2. A Certificate of Occupancy shall be obtained from the Building Official's Office. 3. On-site security shall be provided for any special event that continues beyond midnight (12:00 a.m.). NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those'administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. BELI VER'S HOUSE Agenda Item 12 Page 3 AERIAL OF SITE L. -M gage 4 i to € 1 € a:e+ Iwo i4 iF � $ 14 Wye Lutx t t..-• 4 ' l Lu ,s G Xis eca Mk�i�� �3 i yy 9� t x ri w IL AL j PC �}3l lfft ! .. .... . i i W i ! s "d SITE SURVEY SHOWING LOCATION BELIEVER`S HOUSE Agenda Item -12 Page 'flap C•-6 :Believer's Housl wor id Wide Ministries fiz- f i f ,( 1 j A3C* S Jil _ FxlbA'AETt` v t <-��.---�.. •�,' _-_'~-•-�... 4 ,r' ��z<rx z ter:_ t —Ily7 rrurr (;up ror Church!Commimity Life Center 1 08/14/07 04/10/07 07/11/06 01/11/05 06/09/04 05/13/03 CUP (church with private school) CUP (vocational school) CUP (church) CUP (mini storage) CUP (church with child care facility) CUP(church).Granted Granted Granted Granted Granted Granted 2 08/27/07 Change of Zoning 1-1 to Conditional A-36 Granted 3 06/12/07 CUP car wash Granted 4 10/24/00 CUP senior & disabled housing) Granted 5 02/01/00 CUP motor vehicle rentals Granted 6 09/26/06 CUP fuel sales Granted 7 02/27/96 CUP communications tower Granted 8-7 02/27/01 CUP mini storage) Granted DISCLpSURE STATEMENT APPLICANT DISCLOSURE if the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. bele: (Attach list if necessary) Believes" s Home me WOW Wine Mir►rs# m, Minister Christopher Mitchell, Evarveltst Marjorie Crouch, Trustee, Cheesy Whittior 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) VOB Christian Education Center, V08 Childcare, Church Food Restaurant, Royal Priesthood for Man- Ekwal EWastbwd for Mf V08 Thrift Sty D Check here if the applicant is NOTa 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 tate following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) La rn 2. list all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) © Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & see next page for fa*notes Coes an official or employee of the City of Virginia Beach have an interest in the suet land? Yes No I if yes, what is the name of the official or employee and the nature of their interest? tree pw9aic Re rr4r2 7 BELI DISCLOSURE S`t"ATEIViENT Fit ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not Iirnited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Believer's Home World wide Ministries ' "Parent -subsidiary relationship* means "a relationship that exists when one corporation directly or indkeetly awns shares possessing more than 50 percent of the voting power of another corporation.` See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3107. 3 "Affiliated business entity relationship" means "a relationship, user titan 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 cordroliing owner in the anter entity, or (lit) there is shared management or control between the business entities, Factors that should be considered in determining the existence of an affiliated buss 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 Conftict of Interests Act, Va. Code 2.2-3101, CERTIFICATION: I certify that: the int<xmation contained herein is true rand accurate_ I uMerstand that, upon MOW of 11WM ion (postcard) that the Wiplication has been scheduled for Public hemming, I am responsible for obtaining and posting tie required sigh an the subject property at least 30 days prutr to the SChedulad public hearing wwrding to the mons in this package. The undersigned also consents to entry upas the subject property by enx)toyetes of the Department of Planning to photograph and view the site for purposes of processing and evaluaft this aWmaben. ruts Signature: Print Nara Property C?uwnees Signature different dun ap t) Print Narne t Page trx ext tit RrasoW a5M7 BELT ER'S HOUSE Agenda herr .1-2 Page 8 Item #12 Believer's House World Wide Ministries 544 Newtown Road, Suite 118 District 2 Kempsville April 14, 2010 CONSENT Jay Bernas: The next matter is agenda item 12. This is an application of Believer's House World Wide Ministries for a Conditional Use Permit for religious uses on property located at 544 Newtown Road, Suite 118, District 2, Kempsville. Welcome. Please state your name. Marjorie Crouch: Yes. My name is Marjorie Crouch. I'm a member of Believer's House World Wide Ministries. I would like to thank the Commission for putting us on the consent agenda. Jay Bernas: Are the conditions acceptable? Marjorie Crouch: Yes. Jay Bernas: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Livas to please review this item. Henry Livas: Thank you Jay. The applicant requests a Conditional Use Permit to allow a 4,500 square foot community life center operated by the Believer's House World Wide Ministries, which is currently located in the same shopping center. The church occupies a unit within the shopping center since 2007. The church operates a private school as well as holds religious services for up to 350 people. The application indicates that the proposed volunteer run facility will offer the following community outreach awareness: aids awareness, culture activities, diabetes education, drug awareness and prevention, instructional and GED classes, unwed mother instruction, tutoring, and entertainment such as concerns, youth events, weddings, seminars, and community mentoring programs. Typical hours of operation are proposed at 10:00 a.m. until midnight, and occasionally a special event, which may last until 2:00 a.m. However, no alcohol is to be served. There are 457 parking spaces within this 92,000 square foot shopping, which is more than sufficient to meet the needs of the tenants within the center. Consequently, we have included this request on our consent agenda. Jay Bernas: Thank you. I will make a motion to approve agenda item 12. Joseph Strange: A motion made by Mr. Bernas. Do I have a second? Kathy Katsias: Second. Joseph Strange: A second by Ms. Katsias. Item #12 Believer's House World Wide Ministries Page 2 AYE 11 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE NAY 0 ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item 12. F-4 OIN fif Virl—uillia Re.1ch � —q '§Tr ., t. lfrp,c— - wa"0r7s Zl,mifr—y Cli?.rnyt, frono P-0 kf*,,, P. i si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Change of Zoning, R-40 Residential to P-1 Preservation, 4337 Country Club Circle. BAYSIDE DISTRICT MEETING DATE: May 11, 2010 ■ Background: In January 2005, the Board of Governors overseeing the Adam Thoroughgood House requested that the City acquire a 2.45 -acres parcel of land adjacent to the Adam Thoroughgood House at 4337 Country Club Circle. City staff evaluated the site and recommended its acquisition to the Open Space Subcommittee for three purposes: (1) further preserving the context of the Adam Thoroughgood House National Historic Landmark; (2) preserving and enhancing the existing buffer to the Lynnhaven River; and (3) potentially serving as a public non -motorized watercraft access point on the City's Bayside History Trail. The Open Space Subcommittee endorsed the acquisition of the site. Also endorsing its acquisition were the Board of Governors of the Lynnhaven River 2007 Executive Committee, the Thoroughgood Civic League, the Daughters of the American Revolution — Adam Thoroughgood House Chapter, and the Princess Anne County — Virginia Beach Historical Society. ■ Considerations: On February 13, 2007, the City Council approved the acquisition of the subject parcel. The parcel is now owned by the City of Virginia Beach, and consistent with the three purposes of the acquisition noted above, this request for a Change of Zoning from R-40 Residential District to P-1 Preservation District is proposed. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map City of Virginia (Beach / Country Club Circle Page 2of2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: V, 766" r REQUEST: Change of Zoning R-40 Residential to P-1 Preservation ADDRESS / DESCRIPTION: 4337 Country Club Circle 15 April 14, 2010 Public Hearing APPLICANT AND PROPERTY OWNER: CITY OF VIRGINIA BEACH GPIN: ELECTION DISTRICT: SITE SIZE: 1489131417 BAYSIDE 2.45 acres STAFF PLANNER: Stephen J. White AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST In January 2005, the Board of Governors overseeing the Adam Thoroughgood House requested that the City acquire a 2.45 -acres parcel of land adjacent to the Adam Thoroughgood House at 4337 Country Club Circle. City staff evaluated the site and recommended its acquisition to the Open Space Subcommittee for three purposes: (1) further preserving the context of the Adam Thoroughgood House National Historic Landmark; (2) preserving and enhancing the existing buffer to the Lynnhaven River; and (3) potentially serving as a public non -motorized watercraft access point on the City's Bayside History Trail. The Open Space Subcommittee endorsed the acquisition of the site. Also endorsing its acquisition were the Board of Governors of the Lynnhaven River 2007 Executive Committee, the Thoroughgood Civic League, the Daughters of the American Revolution — Adam Thoroughgood House Chapter, and the Princess Anne County — Virginia Beach Historical Society. Thus, on February 13, 2007, the City Council approved the acquisition of the subject parcel. The parcel is now owned by the City of Virginia Beach, and consistent with the three purposes of the acquisition noted above, this request for a Change of Zoning from R-40 Residential District to P-1 Preservation District is proposed. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Heavily wooded site SURROUNDING LAND North: . Bayville Creek (tributary of Lynnhaven River) USE AND ZONING: . Adam Thoroughgood House / R-40 Residential District (Historic and Cultural Overlay District) South: . Country Club Drive • Single-family dwellings / R-40 Residential District East: . Bayville Creek (tributary of Lynnhaven River) • Single-family dwellings / R-40 Residential District West: . Adam Thoroughgood House / R-40 Residential District (Historic and Cultural Overlay District) NATURAL RESOURCE AND The majority of the site consists of deciduous and evergreen trees. The CULTURAL FEATURES: site is within the Chesapeake Bay Preservation Area; thus, the preservation of this site in its current state ensures its continued contribution to improved water quality. IMPACT ON CITY SERVICES There are no significant impacts to City services as a result of the requested change of zoning district classification. EVALUATION AND RECOMMENDATION Approval of the Change of Zoning for R-40 Residential to P-1 Preservation is recommended. The P-1 zoning is consistent with the intended purposes of the site: (1) further preservation of the context of the Adam Thoroughgood House National Historic Landmark; (2) preservation and enhancement of the existing buffer to the Lynnhaven River; and (3) potential location of a public non -motorized watercraft access point on the City's Bayside History Trail. Staff considered also requesting the placement of a Historic and Cultural District (HCD) Overlay on the site, due to the location of the site adjacent to the Thoroughgood House; however, as the site may, in the future, be used for open space and recreational purposes, the use of the HCD overlay is not recommended. The P-1 Preservation zoning without the HCD overlay best provides for the three purposes envisioned when the property was purchased. There is no recent zoning activity to report for this vicinity. ZONING HISTORY 1 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) G I1--ir dr V IRG 1AIA WAe-* FM,14- 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or OMNI other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business enti relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 —See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Rezoning Applicallon Page 9 of 't0 Revised 7/11/2006 CITY OF VIRGINIA BEA Agenda-Iterr Pac CH 15 e6 0 z z 0 N A r � DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 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. Z "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that ebsts 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 hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. 6pklicant's Signature Print Name 1 R.0S1Mr -'.. Property Owner's Signature (if different than applicant) Print Name txppo-f r lj% f W Rezoning Applk- n Page 10 of 10 Revised 11111/06 ,CH 11:5 le,7 Item #15 City of Virginia Beach Change of Zoning District Classification 4337 Country Club Circle District 4 Bayside April 14, 2010 CONSENT Jay Bernas: The next matter is agenda item 15. This is an application of the City of Virginia Beach for a Change of Zoning District Classification from R-40 Residential District to P -I Preservation District, on property located at 4337 Country Club Circle, District 4, Bayside. Is there any opposition to this matter being placed on the consent agenda? Judy Connors: Can I come forward and make a statement? I'm Judy Connors. I live in the Bayside area. ,And I just want everyone to know how this came to be. It is something to be proud of. A few years ago, when the city acquired the Adam Thoroughgood House, when Norfolk was no longer able to support it, the city now owns and operates this early American gem of history. It is located in one if the most beautiful residential areas of our city, and in order to protect it from further encroachment, and to enhance the ability to increase programming, the City purchased this land next to the house. Recently, I inquired about the zoning, and found that it still had the residential zoning, and approached Vice Mayor Jones and asked him about an ordinance to put preservation zoning on it, so it would be a permanent protection for this beautiful, beautiful historic site. And, I just wanted to say, and I'm sure Mr. Redmond is going to make a very :Fine summation. David Redmond: I was. Judy Connors: It's one that has been working for over 20 years, attempting to preserve Virginia Beach's history, and when something positive happens, I want to be able to say so. Thank you. Jay Bernas: Thank you. Thank you for stealing Mr. Redmond's thunder. David Redmond: Rather easily done. Don't worry about it. Jay Bernas: The Chairman has asked Mr. Redmond to please review this item. Ronald Ripley: Mr. Redmond, I think you can beat the Mayor of Bayfront. David Redmond: That is nothing new here. Thank you Mr. Bernas. In January 2005, the Board of Governors overseeing the Adam Thoroughgood House requested that the City acquire a 2.45 acre parcel of land adjacent to the Adam Thoroughgood House, at 4337 Country Club Circle. City staff evaluated the site and recommended its acquisition to the Open Space Committee for three purposes. One, further preserving the context of the Adam Thoroughgood House Natural Historic Landmark; two, preserving and enhancing the existing buffer to the Lynnhaven River; Item #15 City of Virginia Beach Page 2 and, three, potentially serving as a public non -motorized watercraft access point on the City's Bayside History Trail. The Open Space Subcommittee endorses the acquisition of the site. Also endorsing its acquisition were the Board of Governors of the Lynnhaven River 2007 Executive Committee, now known as Lynnhaven River NOW, the Thoroughgood Civic League, the Daughters of the American Revolution, Adam Thoroughghood House Chapter, and the Princess Anne County -Virginia Beach Historical Society. Thus on February 13, 2007, the City Council approved the acquisition of the subject parcel. The parcel is now owned by the City of Virginia Beach, and consistent with the three purposes of the acquisition noted above, this request for a Change of Zoning from R-40 Residential District to P-1 Preservation District is proposed. It is never easy following Judy Connors. As I think she hit on it, and this is why I asked Mr. Strange if I could review this. This was a tremendous cooperative effort. Ron and I both live in that neighborhood. I grew up in that neighborhood. I have been going there ever since I could walk. It is truly remarkable, historical, and cultural asset within the city. This would not have been possible were it not for a very generous and forward thinking landowner, a very generous and forward thinking Council, and particularly the efforts of our City Council in the Bayside District, and our Vice Mayor, Louis Jones, and all of the efforts that were expended at the time by a fellow by the name of Bob Cuffee, who at that time was President of the Thoroughgood Civic League. He is a neighbor and a friend of mine. And I succeeded him in that role, and that kind of dedication and hard work are in too short of supply, I think. This parcel of land now with this designation will remain in perpetuity as an asset to the Adam Thoroughgood House, to our neighborhood, to our City, and to American history. It is a pretty big deal. I was delighted with it at the time, because it seemed to make so much sense, and with this, I think this chapter now is just about closed. It is not often you find people who come down here when something is on the consent agenda just to say how much good it is, like Ms. Connors just did. So, thank you all for that. Jay Bernas: Thank you. I will make a motion to approve agenda item 15. Joseph Strange: A motion made by Mr. Bernas. Do I have a second? Kathy Katsias: Second. Joseph Strange: A second by Ms. Katsias. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE ABS 0 - ABSENT 0 Item #15 City of Virginia Beach Page 3 RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 15. Y x" r° L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, An Ordinance to amend the Comprehensive Plan pertaining to Parkway typical sections, amendments to the Primary Roadway Network Plan Map, and the adoption by reference of the Major Street Network Ultimate Right -of -Ways. An Ordinance amending the Comprehensive Plan, Reference Handbook, by the adoption of the Major Street Network Ultimate Rights -of -Way. MEETING DATE: May 11, 2010 ■ Background: The most recent update to the Comprehensive Plan of the City of Virginia Beach was adopted by the City Council on December 8, 2009. The adoption of the plan included various revisions, as detailed in two 'Exhibits' adopted with the Plan, 1A and 1 B, to be made to the Policy Document and the Technical Report and Reference Handbook. The list of revisions proposed the addition of a 'Designated Major Street Network Rights of Way' document that would include specific information concerning roadways, including right-of-way widths, links to the corresponding Public Works street cross-sections, roadway classifications, and constraint designations. To reflect the content of the new document, the 'Roadway Network Map,' shown on page 6-7 of the Policy Document was listed as needing revision. ■ Considerations: The attached ordinances and supporting documents provide the revisions as described above. Included in the package are the following: 1. Amendments to page 6-4 of the Policy Document, which revises the width of Parkway right-of-ways; 2. Deletion on page 6-7 of the Policy Document of the 'Roadway Network Map,' and the addition of a new map entitled 'Primary Roadway Network Plan Map'; and 3. Amendment to page D-1 of the Reference Handbook to include the 'Major Street Network Ultimate Rights -of -Way' table to the list of documents adopted by reference. As noted in the preface to the 'Major Street Network Ultimate Rights -of -Way' table, the purpose of the table is as follows: City of Virginia Beach / Amendments to Comprehensive Plan Page 2 of 2 The following information is to be used by City Planning, Development Services, and Public Works Departments when reviewing development proposals for property on or along major road corridors in the City. The road classification, planned lanes, and cross sections are consistent with the official "Public Works Specifications and Standards -Right -or -Way Typical Section Standard Drawings." It is important to note that these figures are to be used to ensure sufficient Right -of -Way is allowed to accommodate the City's future roadway network. This table, in conjunction with the Typical Sections, gives planners a tool to help plan for the future development. However, road cross sections will be better defined on a project by project basis by the City Engineer as they are constructed. Updates to this Table shall be conducted in conjunction with regularly scheduled Master Transportation Plan updates. The Table may also be updated outside of the regularly scheduled Master Transportation Plan updates, following the typical plan amendment process. This Table shall also be updated if the City Council amends the "Public Works Specifications and Standards -Right -or -Way Typical Section Standard Drawings." There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of these amendments to the City Council. ■ Attachments: Amendments Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manager- tL 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 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN PERTAINING TO PARKWAY TYPICAL SECTIONS, AMENDMENTS TO THE PRIMARY ROADWAY NETWORK PLAN MAP AND THE ADOPTION BY REFERENCE OF THE MAJOR STREET NETWORK ULTIMATE RIGHTS OF WAY WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, amended and reordained by: 1. The amendments on page 6-4 of the Policy Document which amend the width of Parkway road right of ways, a true copy of which is attached hereto and made a part hereof (Exhibit A); 2. The deletion in the Policy Document of the map on page 6-7, "Roadway Network Map', and the addition of the revised map entitled `Primary Roadway Network Plan Mao', a true copy of which is attached hereto and made a part hereof (Exhibit B); and 3. The adoption by reference of the "Major Street Network Ultimate Rights of Wadi' on page D-1 of the Reference Handbook. Such document containing these amendments is made a part hereof, having been exhibited to City Council and is on file in the Department of Planning. COMMENT The ordinance amends the Comprehensive Plan by amending the street widths for Parkways, deleting the Roadway Network map and replacing it with the Primary Roadway Network Plan Map, and adding the Major Street Network Ultimate Rights of Ways to those items adopted by reference into the Comprehensive Plan. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2010. APPROVE[ AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Mac • - Av's Ai CA11438 R-2 February 24, 2010 �, City of Yitgrt� ,attach ? rise u4 C[ easpea a Bay "FA 2c �o Atlantic Oman ,v Legend Propoaatl Naw Intwhang. ® Prop—d Naw Flyover iPlopowtl $eugla.nam Pvkway 6Gla.nWp ��� IMelaltle -: '- Patlm.y,L*I.M. ROW ItleMired on m.P) ar_ Major A ww uP to a I.ma Mid Arlertal up to 6 boas - Minot Artanal up to 41ams _ - Major C.k.ttar up le 41amf Ai— C.kaeta! up Ie 219ma Rural Collad.r Pads.. Anna Comm.m/r,'amigon Arae P.mway uP to 4 lanes ..,r.. p6..aa A.. Comm.myfr.nainon Ar.. P.rkw.y Up t. 2 10.1 - Oa6netl Un. a Pulul. Roetl Master Transportation Plan O-' f ' Oceanfront Transportation Planning Area `u � fm i s � S Atlantrc Man ,v Legend Propoaatl Naw Intwhang. ® Prop—d Naw Flyover iPlopowtl $eugla.nam Pvkway 6Gla.nWp ��� IMelaltle -: '- Patlm.y,L*I.M. ROW ItleMired on m.P) ar_ Major A ww uP to a I.ma Mid Arlertal up to 6 boas - Minot Artanal up to 41ams _ - Major C.k.ttar up le 41amf Ai— C.kaeta! up Ie 219ma Rural Collad.r Pads.. Anna Comm.m/r,'amigon Arae P.mway uP to 4 lanes ..,r.. p6..aa A.. Comm.myfr.nainon Ar.. P.rkw.y Up t. 2 10.1 - Oa6netl Un. a Pulul. Roetl Master Transportation Plan O-' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN, REFERENCE HANDBOOK, BY THE ADOPTION OF THE MAJOR STREET NETWORK ULTIMATE RIGHTS-OF-WAY WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan, Reference Handbook, is hereby amended by the adoption of the Major Street Network Ultimate Rights -of -Way. Such document is made a part hereof, having been exhibited to City Council and is on file in the Department of Planning. COMMENT The ordinance amends the Comprehensive Plan, Reference Handbook, by adding a table of the major street network ultimate rights-of-way to the Plan. of Adopted by the Council of the City of Virginia Beach, Virginia, on this day , 2010. Planning CA11488 R-1 March 30, 2010 AS TCONTENT: APPROVED AS TO LEGAL SUFFICIENCY: g� A rtrK ent V City Attorney's Office Major Street Network Ultimate Rights -of Way The following Table is intended to provide a tool for long-range planning of the City of Virginia Beach's Major Street Network. The ultimate Rights -of -Way identified in this table have been developed to accommodate the road network needs for the future of the City at its "build -out" stage. The following information is to be used by City Planning, Development Services, and Public Works Departments when reviewing development proposals for property on or along major road corridors in the City. The road classification, planned lanes, and cross sections are consistent with the official "Public Works Specifications and Standards -Right -or -Way Typical Section Standard Drawings." It is important to note that these figures are to be used to ensure sufficient Right -of -Way is allowed to accommodate the City's future roadway network. This table, in conjunction with the Typical Sections, gives planners a tool to help plan for the future development. However, road cross sections will be better defined on a project by project basis by the City Engineer as they are constructed. Updates to this Table shall be conducted in conjunction with regularly scheduled Master Transportation Plan updates. The Table may also be updated outside of the regularly scheduled Master Transportation Plan updates, following the typical plan amendment process. This Table shall also be updated if the City Council amends the "Public Works Specifications and Standards -Right -or -Way Typical Section Standard Drawings." Table 1 Major Street Network Ultimate Rights -of -Way Final Draft for Planning Commission Approval April 2010 Adopted TAWpn12010 Planned NAMES & SEGMENT MaximSTREET um Lanes Classification Constraint LeveTC-ss Section 19 ST Birdneck to Pacific 70 3 Special PlanningArea N/A 21 ST Parks to Pacific 70 4 Special PlanningArea N/A 22 ST Parks to Pacific 70 4 Special Planning Area N/A ATLANTIC AVE Shore to Pacific 100 4 S ecial Plannin Area N/A BAKER RD Newtown to Witchduck 70 2 Min Coll Standard 13 BAKER RD (Wesleyan to Newtown 100 4 Ma' Coll Moderate 11 BAXTER RD PA to Independence) 110 4 Min Art Constrained 7 BIRDNECK Laskin to VBB 130 6 Mid Arterial Constrained 7 BIRDNECK BB to Gen Booth Varies 94-183 6 Mid Arterial Buildout N/A BLACKWATER RD NC State Line to Chas. City Line 70 2 Rural BOLD RULER DRU ton to Dam Neck 70 2 N/A BONNEY RD (Independence to Rosemont 80 4 Min Coll Standard 13 BONNEY RD Witchduck to Baxter] 80 Ma' Coll Constrained 12 BUCKNER BLVD (independence to Rosemont 100 4 4 Ma' Coll Constrained 12 BUCKNER BLVD Rosemont to Holland 80 4 Ma' Coll Moderate 11 CENTERVILLE TPK Indian River to Kem sville Rd 150 Ma' Coll Constrained 12 CENTERVILLE TPK Kem sville Rd to Chas. City line 150 6 6 Mid Art Moderate 5 CLEVELAND ST Newtown to Kellam 80 4 Mid Art Moderate 5 COLUMBUS LOOP Kellam to Constitution 112 4 Ma' Coll Constrained 12 COMMONS LOOP Dam Neck to PA 110 MaColl CBD 27 CONSTITUTION DR Jeanne to VBB 80 4 Min Art Constrained 7 CONSTITUTION DR (VBB to future overpass) 100 4 Ma' Coll Constrained 12 CORPORATE LANDING BLVD Gen Booth to Dam Neck 100 4 4 Min Art CBD 26 CULVER LA Gen Booth to Upton) 100 4 Ma' Coll Moderate 11 DAM NECK RD aka Elbow Chas City line to Salem 125 4 Ma' Coll Min Art Moderate Standard 11 DAM NECK RD Gen Booth to Naval Facility) 110 4 Min Art Constrained 5 7 DAM NECK RD Holland to Gen Booth 165 6 Parkway N/A 9 DAM NECK RD PA to Holland 150 6 Mid Art Moderate 5 DAM NECK RD Salem to PA 125 4 Min Art Moderate 5 DAM NECK STATION Gen Booth to Dam Neck Rd 80 4 Ma' Coll Constrained 12 DIAMOND SPRINGS RD Shore to Northampton) 150 6 Mid Art Moderate 5 DIAMOND SPRINGS RD (Northampton to Newtown 150 6 Mid Art Moderate 5 DORSET RD (VBB to Cleveland 80 4 Ma' Coll Constrained 12 EDWIN ROAD (Independence to future Overpass) 110 4 Min Art Constrained 7 ELBOW Ches City line to Salem -see Dam Neck Ches CL to Salem 125 4 Min Art Moderate 5 FERREL PKW Indian Lakes to Salem 130 6 Mid Art Constrained 7 FERREL PKW Indian River to Indian Lakes 150 6 Mid Art Standard 5 FERREL PKW Salem to PA 130 6 Mid Art Constrained 7 FIRST COLONIAL RD Great Neck to VB Blvd 150 6 Mid Art Moderate 5 FIRST COLONIAL RD (VBB to Oceana Blvd 110 4 Min Art Constrained 7 GEN BOOTH BLVD Dam Neck to PA 150 6 Mid Art Moderate 5 GEN BOOTH BLVD Oceana Blvd to Dam Neck Rd 155 8 Ma' Art Constrained 7 GEN BOOTH BLVD Rudee Brid a to Oceana Blvd 165 6 Mid Art Standard 3 GREAT NECK RD, N Shore to VBB 130 6 Mid Art Constrained 7 GREENWICH RD Newtown to Witchduck 80 4 Ma' Coll Constrained 12 HARPERS RD Oceana Blvd to London Bride 100 4 Ma' Coll Moderate 11 HAYGOOD RD (independence to Newtown 110 4 Min Coll Constrained 7 HILLTOP LOOP 80 4 Ma' Coll Constrained 12 HOLLAND RD (independence to Rosemont 150 6 Mid Art Moderate 5 HOLLAND RD Rosemont to Shipps Comer 130 6 Mid Art Constrained 7 HOLLAND RD Shi Comer to Darn Neck 150 6 Mid Art Moderate 5 HOLLAND RD Dam Neck to London Bridge EXT North 110 4 Min Art Constrained 7 HOLLAND RD London Bridge EXT North to London Bridge EXT South 125 4 Min Art I Moderate 5 HOLLAND RD London Bridge EXT South to Nimmo 110 4 Min Art I Constrained 7 1-264 1-64 to Birdneck 250 8 Interstate Final Draft for Planning Commission Approval April 2010 Table 1 Major Street Network Ultimate Rights -of -Way Final Draft for Planning Commission Approval April 2010 ROW Adopted Planned ClassificationConstraint LTIC-ss Section April 2010 Maximum Lanes STREET NAMES & SEGMENT 1-264 CONSTITUTION Flyover (Independence to Bonne 150 6 Mid Art Constrained 5 1-264 GREENWICH FLYOVER IGreenwich to Cleveland 80 4 Ma' Coll Constrained 12 1-64 (Chesapeake City line to Norfolk City line 250 8 Interstate 5 INDEPENDENCE BLVD JHolland to Salem 125 4 Min Art Moderate INDEPENDENCE BLVD Salem to IR 110 4 Min Art Constrained 7 INDEPENDENCE BLVD Shore to Ha ood 150 6 Mid Art Moderate 5 INDEPENDENCE BLVD (Haygood to Holland 155 8 Ma" Art Constrained 7 INDIAN LAKES BLVD Ferrell to IR 125 4 Min Art Moderate 5 INDIAN LAKES BLVD Providence to Ferrell 110 4 Min Art Constrained 7 INDIAN RIVER RD Ches. City line to 1-64 150 6 Mid Art Moderate 5 INDIAN RIVER RD 1-64 to Ferrell 155 8 Mai Art Constrained 7 INDIAN RIVER RD Ferrell to Indian Lakes 80 4 Ma' Coll Constrained 12 INDIAN RIVER RD Indian Lakes to Independence) 125 4 Min Art Moderate 5 INDIAN RIVER RD Inde ndence to canal bride 145 4 Min Art Standard 3 INDIAN RIVER RD canal bridge to PA 150 4 TA 4 lane Parkway35 INDIAN RIVER RD(existing alignment between Elbow and L nhaven 70 2 Rural N/A INTERNATIONAL PKW (LVnnhaven to London Bride 125 4 Min Art Buildout N/A JEANNE ST Constitution to -independence) 80 4 Ma' Coll Constrained 12 KELLAM RD VBB to Columbus Loo 80 4 Ma' Coll Constrained 12 KEMPSVILLE RD Ches City line to PA 150 6 Mid Art Moderate 5 LASKIN RD Birdneck to Holl Rd 150 6 Special Planning Area N/A LASKIN RD (Holly to Pacific 88 4 Special Plannin Area N/A LASKIN RD (VBB to Linba 165 6 Mid Art Standard 3 LASKIN RD Linba to Birdneck 165 6 Mid Art Standard 3 LITTLE NECK RD (VBB to Newcastle 100 4 Min Art Buildout N/A LONDON BRIDGE EXT North Dam Neck to Holland 125 4 Min Art Moderate 5 LONDON BRIDGE EXT South Holland to HAI 115 4 Ma' Coll Standard 10 LONDON BRIDGE RD Dam Neck to International) 150 6 Mid Art Moderate 5 LONDON BRIDGE RD Intemational to Potters 130 6 Mid Art Constrained 7 LONDON BRIDGE RD Potters to VBB 130 6 Mid Art Constrained 7 LONDON BRIDGE RD Gen Booth to Dam Neck 110 4 Min Art Constrained 7 LYNNHAVEN PKW Ches City line to Indian River 110 4 Min Art Constrained 7 LYNNHAVEN PKW Indian River to Princes Anne 110 4 Min Art Constrained 7 LYNNHAVEN PKW Princess Anne to Rosemont 130 6 Mid Art Constrained 7 LYNNHAVEN PKW Rosemont to Holland 150 6 Mid Art Moderate 5 LYNNHAVEN PKW Holland to Lynnhaven Road 165 6 Mid Art Standard 3 LYNNHAVEN PKW (Lynnhaven Road to Potters 170 8 Ma Art Moderate 5 LYNNHAVEN PKW Potters to 1-264 155 8 Ma' Art Constrained 7 LYNNHAVEN PKW 1-264 to VBB 130 6 Mid Art Constrained 7 LYNNHAVEN RDS Little Neck to Lynnhaven Pkw 115 4 Ma" Coll Standard 10 LYNNHAVEN RD N B Blvd to Lynnhaven Parkway) 80 4 Ma' Coll Constrained 12 LYNNHAVEN RD N Little Neck to VB Blvd 80 4 Ma Coll Constrained 12 MILITARY HWY Ches Ci line to Norfolk C" line 150 6 Mid Art Moderate 5 NEWTOWN RD Diamond Springs to Ha ood 100 4 Ma" Coll Moderate 11 NEWTOWN RD PA to Diamond Springs) 150 6 Mid Art Moderate 5 NIMMO PKW Gen Booth to Sandbrid a 110 4 Parkway Constrained 3 NIMMO PKW IR to PA 150 4 Parkway Constrained 9 NIMMO PKW PA to Holland 230 8 Parkway Standard 9 NIMMO PKW Holland to Gen Booth 165 6 Parkway Standard 9 NORTH LANDING RD IR to Ches City line 70 2 Min Coll Standard 13 NORTH WITCHDUCK RD (IndeDendence to Pembroke Blvd 70 2 Min Coll Standard 13 NORTHAMPTON BLVD Ches Bay Bridge Tunnel to Diamond Springs) 165 6 Mid Art Standard 3 NORTHAMPTON BLVD Diamond Springs to Norfolk City Line 190 8 Ma" Art Standard 3 OCEANA BLVD First Colonial to Gen Booth 110 4 Min Art Constrained 7 OLD DONATION Great Neck to First Colonial 115 4 Ma' Coll Standard 10 PACIFIC AVE Atlantic Ave to Rudee Bride 70 4 Special Planning Area N/A PEMBROKE BLVD Independence to WnChduck 100 4 Min Art Buildout N/A PLEASANT VALLEY RD Indian Lakes Blvd to Lynnhaven Pkw 70 2 Min Coll Standard 13 PLEASURE HOUSE RD Lookout to Northampton) 80 1 4 Ma" Coll Constrained 12 PLEASURE HOUSE RD Northampton to Independence) 80 1 4 1 Ma' Coll Constrained 12 Final Draft for Planning Commission Approval April 2010 Table 1 Major Street Network Ultimate Rights -of -Way Final Draft for Planning Commission Approval April 2010 ROW Adopted Planned STREET NAMES &SEGMENT April 2010 Maximum Lanes Classification 7 Constraint Level Cross Section PRINCESS ANNE RD Norfolk Cit i line to Witchduck 100 4 Min Art Buildout N/A PRINCESS ANNE RD Witchduck to Ferrell 120 4 Min Art Buildout N/A PRINCESS ANNE RD Ferrell to Dam Neck 150 8 Mai Art Buildout N/A PRINCESS ANNE RD Dam Neck to Nimmo 250 8 Parkway Standard 9 PRINCESS ANNE RD Nimmo to Gen Booth 70 2 Min Coll Standard 13 PRINCESS ANNE RD Gen Booth to Sandbrid e 1354 TA 4 lane Parkway Standard 34 PRINCESS ANNE RD Sandbrid a to IR 135 4 TA 4 lane Parkway Standard 34 PRINCESS ANNE RD IR to NC border 100 2 Rural Standard N/A PROVIDENCE RD Ches City line to IR 110 4 Min Art Constrained 7 PROVIDENCE RD IR to Kem sville 125 4 Min Art Moderate 5 PROVIDENCE RD Kem sville to PA 110 4 Min Art Constrained 7 PUNGO FERRY RD PA to Blackwater 70 4 Rural Standard N/A REPUBLIC RD First Colonial to Laskin 80 4 Ma' Coll Constrained 12 ROSEMONT RD Holland to Dam Neck 110 4 Min Art Constrained 7 ROSEMONT RD (VBB to Holland 165 6 Mid Art Standard 3 ROUND HILL DR (Lynnhaven to Elbow 80 4 Ma' Coll Constrained 12 SALEM RD PA to L nhaven 120 4 Min Art Buildout N/A SALEM RD (Lynnhaven to Elbow aka Dam Neck 125 4 Min Art Moderate 5 SALEM RD Elbow aka Dam Neck to SEPG 145 4 Min Art Standard 3 SALEM RD SEPG to IR 150 4 TA 4 lane Parkway Standard 35 SANDBRIDGE RD New Bridge to Sandpiper) 100 2 Rural N/A SANDBRIDGE RD (Upton to New Bride 135 4TA 4 lane Parkway Standard 34 SEABOARD RD Nimmo to PA 66 3 Special N/A N/A SEABOARD RD PA to PA 110 2 TA 2 lane Parkway Seaboard Section 37 SHIPPS CORNER RD Holland to London Bride 80 4 Ma' Coll Constrained 12 SHORE DR (N.Great Neck to Atlantic Ave 110 4 Min Art Constrained 7 SHORE DR Norfolk City line to N.Great Neck 150 6 Mid Art Moderate 5 SOUTH PLAZA TR Holland to VBB 80 4 Ma' Coll Constrained 12 SOUTH PLAZA TR PA to Holland 100 4 Ma' Coll Moderate 11 SOUTHEASTERN PKW 300 8 Highway SEPG N/A UPTON DR Dam Neck to PA 100 4 Ma' Coll Moderate 11 VA BEACH BLVD Pacific to Great Neck 100 4 SPA/Ma' Coll Moderate 11 VA BEACH BLVD Great Neck to Newtown 155 8 Mai Art Constrained 7 W ESLEYAN DR (Northampton to Baker 125 4 Min Art Moderate 5 WESLEYAN DR Baker to Diamond Springs) 110 4 Min Art Constrained 7 W ESLEYAN DR Diamond Springs 1:o Ha ood 125 4 Min Art Moderate 5 WEST NECK PKW Commons Loop to IR 150 4 TA 4 lane Parkway Standard 35 WEST NECK RD North Landing to MR 115 2 TA 2 lane Parkway Standard 36 WINDSOR OAKS BLVD PA to Holland 80 4 Maj Coll Constrained 12 W ITCHDUCK RD 1-264 to PA 165 6 Mid Art Standard 3 W ITCHDUCK RD (VBB to 1-264 155 8 Ma' Art Constrained 7 WITCHDUCK RD Pembroke Blvd to VBB 110 4 Min Art Constrained 7 WOLFSNARE RD (Great Neck to First Colonial) 70 2 Min Coll Standard 13 Final Draft for Planning Commission Approval April 2010 Item #2 City of Virginia Beach An ordinance to amend the Comprehensive Plan pertaining to Parkway Typical sections amendments to the Primary Roadway Network Plan Map and the adoption by reference of the Major Street Network Ultimate Right -of -Ways April 14, 2010 CONSENT Joseph Strange: The next items we will address are those that are placed on our consent agenda. The Vice Chairman will handle this portion of the consent agenda. Mr. Bernas, please. Jay Bemas: Thank you Mr. Chairman. This afternoon we have 18 items on the consent agenda. The first matter is agenda item 2. This is an application of the City of Virginia Beach. It's an ordinance to amend the Comprehensive Plan pertaining to Parkway typical sections, amendments to the Primary Roadway Network Plan Map, and the adoption by reference of the Major Street Network Ultimate Right -of -Ways. The Chairman has asked Mark Schnaufer to please review this item. Mark Schnaufer: Thank you Mr. Chairman, and members of the Commission. Here is a quick review of the proposed amendment that we are presenting. Ed Weeden: Your name for the record please? Mark Schnaufer: Mark Schnaufer, Transportation Planner for the Planning Department, City of Virginia Beach. Here is a quick review. We have three items that we're looking to amend in the Comprehensive Plan, as part of our housekeeping. The plan that was just adopted this past December. If you look at the screen, our first item that we have is a simple correction in the typical Right -of -Way for Parkways. We had a little typo, so we wanted to fix that. And you can see there is a strikeout in the pink portion of that page. The second item addresses some changes to the Primary Roadway Network Plan Map. What we did here, as we were going through the next exercise that we will talk about, we realized we had misclassified some of the roads in the initial plan process. We went through, and looked at each road individually, and noticed that most of them were downgraded to be consistent with our Public Works typical roadway section. So, that is reflected in that map. And the third is the creation of this long title. It's the Ultimate Right -of -Way Table that will be adopted under separate ordinance, and this is going to be adopted by reference in the Reference Handbook. So, that would be the third amendment to the Comprehensive Plan. And the second ordinance that you have in front of you today is the adoption of the proposed Ultimate Right -of -Way Network. And what this does is it takes numbers off the map, which we had in the 2003 version of the plan, which define what the typical Ultimate Roadway was, and put it in a tabular form. We also took off that map and then put it as adopted under a separate ordinance. This ordinance can only be amended by going first through the Planning Commission, and also through City Council, just like we would for any other Comprehensive Plan process. It also marries up the adopted typical Right -of -Way sections that were adopted through the Public Works Department by the City Council. In the past, the Item #2 City of Virginia Beach Page 2 Master Transportation Plan Map did not necessarily match up with the adopted Public Works standards. This effort adjusted some of these road cross sections to make sure that two different departments were working on the same page. We did this in conjunction with the Public Works and Transportation Department. So, with that, this concludes my summary of this. I'll take and answer any questions. Jay Bernas: Can you please mention the two changes you want to make to the table? Mark Schnaufer: And I did propose two amendments, and I got the wrong handout m front of me. Pardon me. On the first page of Table 1, I propose changing from what was before you today, Ferrell :Parkway from Indian River to Indian Lakes. The "constrained" level is listed as standard. That should be "moderate" for the 150 foot cross section. And on the second page, the top line, I-264 the Constitution Flyover from Independence Boulevard to Bonney Road that is listed as "constrained." That also should be "moderate." That is 150 foot mid-range arterial. So, with those two amendments, I conclude my report. Jay Bernas: Thank you. Is there any opposition to this matter being placed on the consent agenda? Mr. Chairman, I will make a motion to approve agenda item 2, with the two changes made reference for Table 1. Joseph Strange: A motion made by Mr. Bernas. Do I have a second? Kathy Katsias: Second. Joseph Strange: A second by Ms. Katsias. We are now ready to vote. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item 2. M. APPOINTMENTS MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 5/11/10st N' Wm'.ybaov. corn CITY OF VIRGINIA BEACH CITY COUNCIL BUDGET SUMMARY OF COUNCIL ACTIONS WORKSHOP AGENDA DATE: 04/27/2010 B TUESDAY 27 APRIL 2010 PAGE: 1 E D S FY 2010-2011 MANAGEMENT L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M 1 O O O S H L R Y S S N N D CITY COUNCIL BUDGET WORKSHOP AGENDA TUESDAY 27 APRIL 2010 FY 2010-2011 MANAGEMENT RESOURCE PLAN I-1 QUALITY EDUCATION and LIFELONG LEARNING (QUELL) Catheryn OVERVIEW Whitesell, Director — Management Services 2 SCHOOLS Dan Edwards, Chairman - POWER OUTAGE 1:07 PM TO 5:40 PM School Board Dr. James Merrill, Superintendent of Schools, Tony Arnold, Director — Facilities Planning 3 LIBRARIES Marcy Sims, Director - Libraries 11-1 CONSTITUTIONAL OFFICERS OVERVIEW Catheryn Whitesell, Director — Management Services 2 CLERK OF CIRCUIT COURT Tina Sinnen 3 COMMISSIONER OF REVENUE Phillip Kellam 4 COMMONWEALTH'S ATTORNEY Harvey Bryant 5 TREASURER John T. Atkinson 6 SHERIFF Kenneth D. Stolle III -1 CAPITAL IMPROVEMENT PROGRAM (CIP) F,CONOMIC/TOURISM Barry Frankenfield, Manager - Strategic Growth Area 2 COMMUNICATIONSANFORMATION Gwen Cowart, TECHNOLOGY Director — ComIT CITY OF VIRGINIA BEACH QUALITY ORGANIZATION (QO) SUMMARY OF COUNCIL ACTIONS OVERVIEW /QUESTIONS Catheryn DATE: 04/27/2010 Whitesell, PAGE: 2 B Director — E D S AGENDA L Management E D H E W ITEM # SUBJECT MOTION VOTE L I D A S T I Services E J S U I E D N O S H L W T V E Z Y L N O R S O T I P E E E E M 1 O O I/A O S H L R Y S S N N D ICI QUALITY ORGANIZATION (QO) OVERVIEW /QUESTIONS Catheryn Whitesell, Director — Management Services CITY COUNCIL AGENDA 27 APRIL 2010 I/A BRIEFINGS: INTERIM FINANCIAL STATEMENT Patricia Phillips, D E F E R R E D Director — Finance B GASB 45 EVALUATION Susie Walston, Deputy City Manager, Ken Jeffries and Reinhart Kramreither, Mercer, Lyndon Remias, City Auditor IUIIUNN. E CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y SESSION F-1 MINUTES — March 30, 2010 ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y April 13, 2010 ADOPOTED 10-0 Y Y A Y Y Y Y Y Y Y Y B S T A I N E D G-fI-I PUBLIC HEARINGS: FY 2010-2011 RESOURCE 45 Speakers MANAGEMENT PUN FY 2010-2011 Operating Budget $1,687,819,685 FY 2010-2011 Capital Budget 1; 170,517,479 2 LEASE OF CITY -OWNED PROPERTY No Speakers a. 225 17" Street b. 2200 Parks Avenue CITY OF VIRGINIA BEACH DEDICATION OF CITY -OWNED No Speakers SUMMARY OF COUNCIL ACTIONS PROPERTY/State Board of Community DATE: 04/27/2010 B Colleges PAGE: 3 E D S Faculty Boulevard/South Rosemont L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D 3 DEDICATION OF CITY -OWNED No Speakers PROPERTY/State Board of Community Colleges Faculty Boulevard/South Rosemont Road 4 INSTALLMENT PURCHASE No Speakers AGREEMENT (ARP) Easements a. 416 Princess Anne Road b. 3457 Land of Promise Road c. 5125 Morris Neck Road 5 BONNEY ROAD/SOUTH KENTUCKY No Speakers AVENUE — Safety Improvements Acquisition by Agreement/ Condemnation 6 REAL/PERSONAL PROPERTY TAX No Speakers EXEMPTIONS J-1 Ordinances to AMEND the City Code: a. §23-50 re penalty re excessive growth of weeds/grass DEFERRED TO 6/8/2010, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT b. §23-51 re penalty re removal of certain DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y trees 6/8/2010, BY CONSENT c. §2-224.9 re officers of Minority Business Council ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y d. §2-450 re increasing Human Rights ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Commission membership CONSENT 2 Resolution to AMEND Plan of Financing ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y with Development Authority to increase CONSENT Refunding up to $150 -Million 3 Resolution to AUTHORIZE issuance G O ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y School Bond not to exceed $4,879,954 to CONSENT be sold to Virginia Public School Authority (VPSA)/issue as qualified school construction bonds 4 Ordinance to DECLARE City -owned ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y property excess/AUTHORIZE CONSENT conveyance to Tidewater Community College re joint use library 5 Ordinance to AUTHORIZE Lease, not in ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y excess of five years, with Contemporary CONSENT Art Center of Virginia at 2200 Parks Avenue CITY OF VIRGINIA BEACH Ordinance to AUTHORIZE acquisition of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y r -o -w in fee simple, by purchase/ CONSENT DATE: 04/27/2010 condemnation for safety at Bonney PAGE: 4 B Road/South Kentucky Avenue/ E D S AGENDA L E D H E W ITEM # SUBJECT MOTION VOTE L I D S I ADOPTED, BY E J S U I Y Y Y A T E D N 0 S H L W T V E Z Y L N 0 R S 0 T I P E E E E M I 0 0 O S H L R Y S S N N D 6 Ordinance to AUTHORIZE acquisition of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y r -o -w in fee simple, by purchase/ CONSENT condemnation for safety at Bonney Road/South Kentucky Avenue/ AUTHORIZE reasonable offer to owners 7 Ordinance to AUTHORIZE Cost ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Participation Agreement with Hollis CONSENT Road Associates re stormwater for Indian River Road Phase VII /Rose Glen Manor Subdivision 8 Ordinances to AUTHORIZE acquisition ADOPTED, BY 10-0 Y Y A Y y y y y y y Y of ARP easements: CONSENT B S a. Richard C. Cocke/Carol A. Clarke T $449,106 at 416 Princess Anne Road A I b. Truman D. Baxter, Jr. $288,344 at 3457 N Land of Promise Road E D c. Walter J., Jr./Jennifer S. Roe $238,428 at 5125 Morris Neck Road 9 Ordinance to AUTHORIZE encroachment ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y into portion of City -owned property for CONSENT Wolfgang J./Terri J. Bay re a bulkhead at 2404 Windward Shore Drive 10 Ordinances to EXEMPT certain organizations from Personal Property Taxes: a. Organization Against Injustice/Social DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Malpractice (TOAISM) 5/25/2010,BY CONSENT b. Life in Christ Ministries, Inc. ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y y y y CONSENT c. Hampton Roads Community Care, Inc ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT d. Chesapeake Bay Wine Classic ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y Foundation CONSENT B S T A I N E D 11 Ordinance to APPROPRIATE $330,000 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y from U. S. Homeland Security re USAI CONSENT Interoperable Communications Technology CITY OF VIRGINIA BEACH Ordinance to TRANSFER $200,000 to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Housing /Neighborhood Preservation re CONSENT DATE: 04/27/2010 B demolishing structure of imminent public PAGE: 5 E D S safety hazard L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W Y T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D 12 Ordinance to TRANSFER $200,000 to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Housing /Neighborhood Preservation re CONSENT demolishing structure of imminent public safety hazard ADD ON Resolution to EXPAND membership of ADDED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Bayfront Advisory Committee adding ADOPTED, BY Commander—Joint Expeditionary Base CONSENT Little Creek – Fort Story J-1 LIVING FAITH CHRISTIAN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y FELLOWSHIP/MARSH WOOD CONDITIONED, PROPERTIES, LLC CUP re religious BY CONSENT use at 5257 Challedon Drive. DISTRICT 2 – KEMPSVILLE 2 BAYLAKE UNITED METHODIST DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y CHURCH CUP re adding a lot \ as open INDEFINITELY, space to existing church at 4309 BY CONSENT Blackbeard Road. DISTRICT 4 - BAYSIDE 3 .JEFFREY D. BLAKE/OPEN AIR APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y JEEPS, LLC CUP re auto repair garage CONDITIONED, at 800 Seahawk Circle. DISTRICT 6 - BY CONSENT BEACH 4 KUBER HOSPITALITY CORP. COZ APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y from H- to Conditional B-2/ /11-1 re retail PROFFERED, at 1808 Diamond Springs Road BY CONSENT DISTICT 4 - BAYSIDE 5 LAKE GEM D8, L.L.C. for Modification APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y of Conditions 2/5/additional condition CONDITIONED, (approved May 13, 2009) to operate the BY CONSENT Outdoor `Green' Market/ advertise Red Mill Marketplace Shops at 2181 Upton Drive DISTRICT 7 - PRINCESS ANNE K APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD TOWING ADVISORY BOARD LIMN/ ADJOURNMENT: 1 8:05 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 04/27/2010 PAGE: 6 B E D S AGENDA L E D H E W ITEM # SUBJECT MOTION VOTE L I D S I E J S U I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D FY 2010-2011 Budget Schedule DATE TIME EVENT LOCATION May 4 4:00-6:00 PM Workshop City Council Conference Room May 11 6:00PM ADOPTION City Council Chamber