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JUNE 22, 2010 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICE MAYOR LOUIS R JONES, Bayside -District 4 RITA SWEET BEI.LITTO, At-Large GLENNR DAMS, Rose Hall -District 3 WILLIAM R DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville -District 2 ROBERT M. DYER Centerville -District 1 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 CITYMANAGER - JAMES K SPORE CITYATTORNEY-MARK D. STILES CITY COUNCIL AGENDA CITYASSESSOR - JERALD BANAGAN CITYAUDlTOR-LYNDONS. REMIAS 22 JUNE 2010 CITY CLERK -RUTH HODGES ERASER MMC I. CITY MANAGER'S BRIEFINGS: -Conference Room- A. HEALTH CARE 2011 Susan D. Walston, Deputy City Manager Ken Jeffries, Mercer Linda Matkins, Consolidated Benefits Administrator CITYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 1:30 PM B. INTERFACILITY TRAFFIC AREA (ITA) Paul Ostergaard, AIA, Managing PrincipaUSenior Vice President - Urban Design Associates C. COMIMUNITY SERVICES and SOCIAL SERVICES BOARDS ANNUAL REPORTS TO CITY COUNCIL Robert Morin, Director -Human Services Diana Ruchelman, Chair -Community Services Board Robert Beardsworth, PhD, Chair -Social Services Board D. ANIMAL SHELTER COOPERATIVE AGREEMENT David Hansen, Deputy City Manager E. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance F. MUNICIPAL GOLF MANAGEMENT Cindy Curtis, Director -Parks and Recreation Jim Keegan, Golf Convergence, Inc., Operating Principal II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW II IV. INFORMAL S:ESSION -Conference Room - 4:30 PM A. CALL 'I'O ORDER -Mayor William D. Sessoms, Jr. B. ROLL ('ALL OF CITY COUNCIL C. RECES;~ TO CLOSED SESSION V. FORMAL SESS:[ON -City Council Chamber - A. CALL T'O ORDER -Mayor William D. Sessoms, Jr. 6:00 PM II B. INVOC~~TION: Reverend Thomas Powell Calvary Chapel of Virginia Beach C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRI~NIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTE S 1. INFORMAL and FORMAL SESSIONS June 8, 2010 G. FORMAL SESSION AGENDA H. PUBLIC HEARING 1. Il`15TALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easements 500 Block of Blackwater Road I. CONSEr~1T AGENDA J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. §23-50 re penalty for failure to comply with cutting excessive growth of weeds or grass DEFERRED January 26, 2010 February 23, 2010 March 23, 2010 April 27, 2010 b. §23-50.1 re penalty for failure to comply in the removal of certain trees DEFERRED January 26, 2010 February 23, 2010 Mazch 23, 2010 Apri127, 2010 c. Chapter 4, Article II, re Dance Halls and Teenage Events d. REPEAL Section 2-285 re Consumer Protection Division of the Commonwealth Attorney's Office; and, AMEND Sections 32-17, 32-18, 32-26, 32-27 and 32-29 for Out of Business Sales 2. Ordinance to ACCEPT a Cooperative Agreement for legal services between City Council and the School Board and AUTHORIZE Mayor Sessoms to execute said Agreement for FY 2011 3. Resolution making a Public Purpose Determination under the PPEA to AUTHORIZE the City Manager to execute a Comprehensive Agreement with Armada Hoffler for the design, construction and outfitting of the Adoption-Friendly Animal Shelter with a start date of July 1, 2010 4. Ordinance to AUTHORIZE the City Manager to execute: a. Term Sheet--First Amendment to a Deed of Lease with the Virginia Beach Development Authority (VBDA) and Thirty-First Street, L.C. b. Amendment to the Amended and Restated Development Agreement re the Second Hotel and additional pazking spaces 5. Ordinance to AUTHORIZE the City Manager to execute a second Amendment to the Purchase Agreement with Tailwind Development Group, L L.C. re the proposed sale of City-owned property at Princess Anne Road and South Independence Boulevazd DISTRICT 3 -ROSE HALL 6. Ordinance to AMEND and REORDAIN the APZ-1/Clear Zone use and Acquisition Plan to include all privately owned property in the Cleaz Zones and reflect the APZ- 1/Clear Zone Master Plan designation 7. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (.ARP) easement to Barry D. and Paula W. Knight in the amount of $171,654 in the 5000 Block of Blackwater Road. DISTRICT 7 -PRINCESS ANNE Ordinance to AUTHORIZE the acceptance of the dedication of four (4) permanent drainage easements in the Lakeview Park and Bradford Park Subdivisions 9. Ordinance to AWARD a Communication Tower Lease Agreement to New Cingular ~'Vireless PCS, LLC at 1900 Sandbridge Road (Red Mill Farms Park) re constructing, maintaining and operating wireless telecommunication facilities and AUTHORIZE the City Manager to execute said Lease. 10. Ordinance to grant Emergency Medical Services permits from July 1, 2010, until June 30, 2011 to: a. American Lifeline Medical Transport, Inc. b. Children's Hospital of the King's Daughters Transport Team c. Eastern Shore Ambulance d. Medical Transport, L.L.C. e. Mid-Atlantic Regional Ambulance, Inc. f. Nightingale Regional Air Ambulance g. Special Event Providers of Emergency Medicine 11. Ordinance to APPOINT three (3) Viewers, each for aone-year (1) term, beginning July 1, 2010, re the closure of streets and allies: a. Director of Planning b. Director of Public Works c. Director of Parks and Recreation 12. Ordinance to AUTHORIZE temporary encroachments into a portion of the City-owned right-of--way for Christopher G. and Terry A. Beale to maintain an existing deck and bulkhead at Blueberry Road adjacent to 2016 Blueberry Road >:-ISTRICT 5 - LYNNHAVEN 13. Ordinance to AUTHORIZE temporary encroachments into a portion of the City-owned right-of--way for Aqua Investment Associates, L.P. to construct and maintain a l~uninated glass entrance canopy, realign and add a water fountain, a raised 3-foot (3') concrete planter box and additional low-level landscaping to an existing landscaped medium and make improvements to existing curbing and brick pavers within the right-of- v~~ay at 39`" Street and Atlantic Avenue 1;-ISTRICT 6 -BEACH 14. Ordinance to AMEND the FY 2010-11 Operating Budget of Housing and Neighborhood Preservation and INCREASE the authorization for a Section 108 Loan from the Federal Government 15. Ordinances to ACCEPT and APPROPRIATE: a. $160,664 from the Virginia Department of Agriculture and Consumer Services to the FY 2009-10 Agriculture Operating Budget to partially reimburse the City for the acquisition of a preservation easement. b. $104,999 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2009-10 Human Services Operating Budget for therapeutic services to infants and toddlers K. c. $12,000 from the Third Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception to the Virginia Beach Education Foundation, Hope House Foundation and Growsmart re Ready to Learn 16. Ordinance to APPROPRIATE $10,106 from donations, sale of salvage equipment and cost recovery to the Fire Hazardous Materials Team 17. Ordinance to TRANSFER $664,651 within the FY 2010-11 School Operating Budget PLANNING Application of DML DESIGNS, LLC T/A GODSPEED TATTOO/,TETTELLIS, LLC, for a Conditional Use Permit re a tattoo parlor at 3795 Bonney Road. DISTRICT 3 -ROSE HALL DEFERRED RECOMMENDATION JUNE 8, 2010 APPROVAL 2. Application of RORY CLIFF and MICHELE M. CARTER for a Conditional Use Permit re a residential kennel at 1548 Nanneys Creek Road. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 3. Application of NEW OAK GROVE BAPTIST CHURCH for a Conditional Use Permit re a new social hall, kitchen area, classrooms, conference room main lobby and additional restrooms at 3200 Head River Road. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of BAYLAKE UNITED METHODIST CHURCH for a Conditional Use Permit re incorporating recently purchased property at 4309 Blackwater Road into their existing church site for church-related outdoor activities. DISTRICT 4 - BAYSIDE DEFERRED RECOMMENDATION APRIL 27, 2010 APPROVAL 5. ~-pplication of CINGULAR WIRELESS for a Conditional Use Permit re a communication tower at 4021 Charity Neck Road I>ISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 6. Ordinance to AMEND Sections 111 and 212 of the City Zoning Ordinance (CZO) defining the term "Electronic Display Sign" and prohibiting such signs in all Zoning I-istricts. RECOMMENDATION PLANNING COMMISSION RECOMMENDS APPROVAL OF THE PLANNING COMMISSION RECOMMENDATION VERSION L. A.PPOII~~TMENTS CHESAPEAKE BAY ALCOHOL SAFETY ACTION HUMATf RIGHTS COMMISSION PARKS ;and RECREATION COMMISSION M. UNFINISHED BUSINESS ABSTRACT OF VOTES -House of Representatives, 2"d District -June 8, 2010 N. NEW BUSINESS O. A.DJOU]~tNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 06/22/2010gw www.vb ov.com I. CITY MANAGER'S BRIEFINGS: -Conference Room- 1:30 PM A. HEALTH CARE 2011 Susan D. Walston, Deputy City Manager Ken Jeffries, Mercer Linda Matkins, Consolidated Benefits Administrator B. INTERFACILITY TRAFFIC AREA (ITA) Paul Ostergaard, AIA, Managing Principal/Senior Vice President - Urban Design Associates C. COMMUNITY SERVICES and SOCIAL SERVICES BOARDS ANNUAL REPORTS TO CITY COUNCIL Robert Morin, Director -Human Services Diana Ruchelman, Chair -Community Services Board Robert Beardsworth, PhD, Chair -Social Services Board D. ANIMAL SHELTER COOPERATIVE AGREEMENT David Hansen, Deputy City Manager E. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance F. MUNICIPAL GOLF MANAGEMENT Cindy Curtis, Director -Parks and Recreation Jim Keegan, Golf Convergence, Inc., Operating Principal II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. 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 V. FORMAL SESSION -City Council Chamber - 6:00 PM ~' A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Thomas Powell Calvary Chapel of Virginia Beach C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 8, 2010 G. FORMAL SESSION AGENDA f ~ ~ R V iS 4 _- .~_ ;7 ~ ~0 rS ~ NS Op OUN N~t~O ~r~n~~ttinn 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. PUBLIC HEARING 1. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easements 500 Block of Blackwater Road ~€ ~~ ~. + L _ , s ~~ ~ NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearing with respect to the execution and delivery of an Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to land located at 5000 block of Blackwater Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95-2319, as amended, known as the Agricultural lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shaping the character, direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase _Agreement for an estimated maximum purchase price of $171,654. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City, and the full faith and credit and the unlimited taxing-power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The Public Hearing, which may be continued or adjourned, will be held by the City Council on June 22, 2010, at 6:00 p.m. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges Fraser, MMC City Clerk Beacon June 6 & 13, 2010 21398078 ORDINANCES/RESOLUTION Ordinances to AMEND the City Code: a. §23-50 re penalty for failure to comply with cutting excessive growth of weeds or grass DEFERRED January 26, 2010 February 23, 2010 March 23, 2010 April 27, 2010 b. §23-50.1 re penalty for failure to comply in the removal of certain trees DEFERRED January 26, 2010 February 23, 2010 March 23, 2010 Apri127, 2010 c. Chapter 4, Article II, re Dance Halls and Teenage Events d. REPEAL Section 2-285 re Consumer Protection Division of the Commonwealth Attorney's Office; and, AMEND Sections 32-17, 32-18, 32-26, 32-27 and 32-29 for Out of Business Sales 2. Ordinance to ACCEPT a Cooperative Agreement for legal services between City Council and the School Board and AUTHORIZE Mayor Sessoms to execute said Agreement for FY 2011 Resolution making a Public Purpose Determination under the PPEA to AUTHORIZE the City Manager to execute a Comprehensive Agreement with Armada Hoffler for the design, construction and outfitting of the Adoption-Friendly Animal Shelter with a start date of July 1, 2010 4. Ordinance to AUTHORIZE the City Manager to execute: a. Term Sheet--First Amendment to a Deed of Lease with the Virginia Beach Development Authority (VBDA) and Thirty-First Street, L.C. b. Amendment to the Amended and Restated Development Agreement re the Second Hotel and additional parking spaces Ordinance to AUTHORIZE the City Manager to execute a second Amendment to the Purchase Agreement with Tailwind Development Group, L L.C. re the proposed sale of City-owned property at Princess Anne Road and South Independence Boulevard DISTRICT 3 -ROSE HALL 6. Ordinance to AMEND and REORDAIN the APZ-1/Clear Zone use and Acquisition Plan to include all privately owned property in the Clear Zones and reflect the APZ- 1/Clear Zone Master Plan designation Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Barry D. and Paula W. Knight in the amount of $171,654 in the 5000 Block of Blackwater Road. DISTRICT 7 -PRINCESS ANNE 8. Ordinance to AUTHORIZE the acceptance of the dedication of four (4) permanent d:;ainage easements in the Lakeview Park and Bradford Park Subdivisions 9. Ordinance to AWARD a Communication Tower Lease Agreement to New Cingular V'Vireless PCS, LLC at 1900 Sandbridge Road (Red Mill Farms Park) re constructing, rr~aintaining and operating wireless telecommunication facilities and AUTHORIZE the City Manager to execute said Lease. 10. Ordinance to grant Emergency Medical Services permits from July 1, 2010, until J~.~ne 30, 2011 to: a. American Lifeline Medical Transport, Inc. b. Children's Hospital of the King's Daughters Transport Team c , Eastern Shore Ambulance d. Medical Transport, L.L.C. e. Mid-Atlantic Regional Ambulance, Inc. f. Nightingale Regional Air Ambulance g. Special Event Providers of Emergency Medicine 11. Clydinance to APPOINT three (3) Viewers, each for aone-year (1) term, beginning July 1, 2010, re the closure of streets and allies:- a. Director of Planning b. Director of Public Works c. Director of Parks and Recreation 12. Ordinance to AUTHORIZE temporary encroachments into a portion of the City-owned right-of--way for Christopher G. and Terry A. Beale to maintain an existing deck and bulkhead at Blueberry Road adjacent to 2016 Blueberry Road DISTRICT 5 - LYNNHAVEN 13. Ordinance to AUTHORIZE temporary encroachments into a portion of the City-owned right-of--way for Aqua Investment Associates, L.P. to construct and maintain a laminated glass entrance canopy, realign and add a water fountain, a raised 3-foot (3') concrete planter box and additional low-level landscaping to an existing landscaped medium and make improvements to existing curbing and brick pavers within the right-of- way at 39`h Street and Atlantic Avenue DISTRICT 6 -BEACH 14. Ordinance to AMEND the FY 2010-11 Operating Budget of Housing and Neighborhood Preservation and INCREASE the authorization for a Section 108 Loan from the Federal (Jovernment 15. Ordinances to ACCEPT and APPROPRIATE: a. $160,664 from the Virginia Department of Agriculture and Consumer Services to the FY 2009-10 Agriculture Operating Budget to partially reimburse the City for the acquisition of a preservation easement. b. $104,999 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2009-10 Human Services Operating Budget for therapeutic services to infants and toddlers $12,000 from the Third Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception to the Virginia Beach Education Foundation, Hope House Foundation and Growsmart re Ready to Learn 16. Ordinance to APPROPRIATE $10,106 from donations, sale of salvage equipment and cost recovery to the Fire Hazardous Materials Team 17. Ordinance to TRANSFER $664,651 within the FY 2010-11 School Operating Budget vp`NU~BE~~ F°r ~~ ~yyi / (-~ sy> :, r _ l..f~ ~J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1) An Ordinance to Amend City Code § 23-50 Pertaining to Excessive Growth of Weeds or Grass 2) An Ordinance to Amend City Code § 23-50.1 Pertaining to the Removal of Certain Trees MEETING DATE: June 22, 2010 ^ Background: City Code Section 23-50 provides that upon determination there exists on any land or premises within the city, including the area between such land or premises and the curb line, any grass, weeds, brush or similar vegetation in excess of ten (10) inches in height, notice shall be served on the owner of such land or premises or his or her agent, or on the occupant thereof, or both, to cause such grass, weeds, brush or similar vegetation to be cut and removed from such land or premises within seven (7) days from the date of such notice. City Code Section 23-50.1 provides that if a tree, by reason of disease, death, injury, infirmity or other condition, presents a danger to property or the health or safety of people or other trees or vegetation, the City shall serve notice on the owner of the land that the tree must be removed within a reasonable period of time (not sooner than seven days from the notice but no later than thirty days from the notice). If the danger posed by the tree can be eliminated by removing only a portion or portions of the tree, then the notice will specify that only those portions must be removed. This item was deferred by City Council four times (January 26, 2010 until February 23, 2010, February 23, 2010 until March 23, 2010, March 23, 2010 until April 27, 2010, and April 27, 2010 until June 8, 2010, which was forwarded to June 22, 2010). ^ Considerations: Currently, failure to comply with cutting excessive weeds or grass after a notice is issued and served is currently punishable as a class 2 misdemeanor. The ordinance amending this section would instead provide that failure to comply with notices for either of these two sections shall be punishable by a civil penalty not to exceed $100 for a first violation and $150 for each subsequent violation. Similarly, failure to remove such a tree (or portions thereof) within the time prescribed by the notice is punishable as a Class 4 misdemeanor (conviction of which is subject to a fine of up to $250). The ordinance amending this section provides that a failure to comply with the notice shall be a civil penalty not to exceed $250. The Code continues to provide that the City may remove such a tree (or portions thereof) or weeds or grass at the property owner's expense, along with an administrative fee of $150. ^ Public Information: This item will be advertised in the same manner as other agenda items. This item was previously advertised in the January 26, 2010, February 23, 2010, March 23, 2010, April 27, 2010 City Council agendas. ^ Attachments: Ordinances Requested by Councilmember DeSteph REQUESTED BY COUNCILMEMBER DeSTEPH 1 AN ORDINANCE TO AMEND CITY CODE §23-50.1 2 PERTAINING TO REMOVAL OF CERTAIN TREES 3 4 SECTION AMENDED: §23-50.1 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That Section §23-50.1 of the City Code is hereby amended and reordained to 10 read as follows: 11 12 Sec. 23-50.1. Removal of certain trees. 13 14 (a) Upon determination by the code enforcement administrator or the city arborist, or 15 the officers or employees of their respective departments, that there exists upon 16 any land or premises within the city any tree which, by reason of disease, death, 17 injury, infirmity or other condition, presents a danger to property or to the health 18 and safety of persons or other trees or vegetation, notice shall be served upon 19 the owner of such land or premises or his or her agent or upon the occupant 20 thereof to cause such tree to be removed within a reasonable period of time, not 21 less than seven (7) days nor more than thirty (30) days, specified in such notice. 22 If the danger presented by such tree may be eliminated by the removal of a 23 portion of such tree, the notice shall specify the portion or portions of the tree to 24 be so removed. For purposes of this section, the term "tree" shall be construed to 25 include the plural of the term. 26 27 (b) Service of the notice provided for herein shall be by personal service or by 28 certified or registered mail. In the event the land or premises are vacant and the 29 owner thereof or his or her agent cannot be found by the exercise of due 30 diligence, such notice shall be given by certified or registered mail to the last- 31 known residence or post office box address of the owner and, in addition thereto, 32 shall be posted in a conspicuous place upon the premises. Service of such notice 33 upon one owner or occupant in any manner provided for herein shall be sufficient 34 in the event such land or premises is owned or occupied jointly. 35 36 (c) Failure to comply with the terms of a notice issued and served as provided in this 37 section within the time prescribed by such notice shall be punishable as-,a-Glass 38 4-r~isdea~eaflef by a civil penalty not to exceed $250.00. In addition to any #+ae 39 civil penalty imposed hereunder, the code enforcement administrator may, in the 40 name of the city, institute legal action to enjoin the continuing violation of this 41 section and may remove or contract for the removal of any such tree or portion 42 thereof, in which event the cost of such removal, including an administrative fee 43 in the amount of one hundred fifty dollars ($150.00), shall be charged to the 44 person or persons named in the notice and collected by action at law or as 45 delinquent real estate taxes are collected, or both. The remedies provided for 46 herein shall be cumulative in nature. 47 48 (d) The pro~iisions of this section shall not apply to any parcel of land greater than 49 one acrE: in size which is located in an agricultural zoning district and used 50 principally for agricultural or horticultural purposes. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 53 of .2010. APPROVED A;~ TO LEGAL SUFFICIENCY: 7 ~~ ity orney's Office CA11325 R-4 April 19, 2010 REQUESTED BY COUNCILMEMBER DeSTEPH 1 AN ORDINANCE TO AMEND CITY CODE §23-50 2 PERTAINING TO EXCESSIVE GROWTH OF 3 WEEDS OR GRASS 4 5 SECTION AMENDED: §23-50 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section §23-50 of the City Code is hereby amended and reordained to read 11 as follows: 12 13 Sec. 23-50. Accumulations of trash, garbage, etc., or excessive growth of weeds 14 or grass. 15 16 (a) Except as provided in subsection (e) hereof, upon determination by the 17 director of housing and neighborhood preservation, the code enforcement administrator, 18 or any inspector of the department of housing and neighborhood preservation, whether 19 temporarily or permanently employed as such, that there exists upon any land or 20 premises within the city, including the area between such land or premises and the curb 21 line, any trash, garbage, refuse, litter or similar substances, except as may be placed 22 thereon for purposes of collection in accordance with chapter 31 of this Code, notice 23 shall be served on the owner of such land or premises or his or her agent, or on the 24 occupant thereof, or both, to cause such trash, garbage, refuse, litter or similar 25 substances to be removed from such land or premises within seven (7) days from the 26 date of such notice. 27 28 (b) Except as provided in subsections (e) and (f) hereof, upon determination 29 by the director of housing and neighborhood preservation, the code enforcement 30 administrator, or any inspector of the department of housing and neighborhood 31 preservation, whether temporarily or permanently employed as such, that there exists 32 on any land or premises within the city, including the area between such land or 33 premises and the curb line, any grass, weeds, brush or similar vegetation in excess of 34 ten (10) inches in height, notice shall be served on the owner of such land or premises 35 or his or her agent, or on the occupant thereof, or both, to cause such grass, weeds, 36 brush or similar vegetation to be cut and removed from such land or premises within 37 seven (7) days from the date of such notice. 38 39 (c) Service of the notice provided for in subsections (a) and (b) shall be by 40 first-class mail, personal delivery or posting in a conspicuous place upon the land or 41 premises; provided, however, that if the land or premises are unoccupied and the owner 42 or his or her agent cannot be found by the exercise of due diligence or are unknown, 43 such notice shall be sufficient against the owner if given by first-class mail to the 44 owner's last known mailing address and posted in a conspicuous place upon the land or 45 46 47 48 49 50 51 premises. The code enforcement administrator and inspectors of the department of housing and neighborhood preservation are hereby authorized to deliver or post such notices. One notice (as provided for in subsection (b)) per growing season is hereby deemed reasonable notice to owners of vacant developed or undeveloped property to authorize the city to remove or contract for the removal of any excessive growth of grass, weeds, Ixush or similar vegetation for the entire growing season. 52 (d) Failure to comply with the terms of a notice issued and served as provided 53 in this section within the time prescribed in such notice shall 54 ~i~sef k~e punishable by a civil penalty in an amount not to exceed One Hundred 55 Dollars ($100.(10) for the initial summons and not more than One Hundred Fifty Dollars 56 ($150.00) for each additional summons. Each day during which the violation is found to 57 have existed shall constitute a separate offense. However, specified violations arising 58 from the same operative set of facts shall not be charged more frequently than once in 59 any ten-day period, and a series of specified violations arising from the same operative 60 set of facts shall not result in civil penalties which exceed a total of Three Thousand 61 Dollars ($3,00~)~. In addition to any penalties imposed hereunder, the city may 62 institute legal action to enjoin the continuing violation of this section and may remove or 63 contract for thE: removal of such trash, garbage, refuse, litter or similar substances or 64 grass, weeds, brush or similar vegetation, in which event the cost and expenses 65 thereof, including an administrative fee in the amount of one hundred fifty dollars 66 ($150.00), shall be chargeable to and paid by the owner or occupant of the land or 67 premises. Any such charge which is not paid within thirty (30) days of the date on which 68 it is billed to thE; owner of such land or premises shall constitute a lien upon the property 69 and may be collected in any manner provided by law for the collection of taxes; 70 provided, however, that no such lien shall be valid against any owner of land or 71 premises who was not served with the notice prescribed in subsection (a) or (b) 72 hereinabove, as the case may be. 73 74 (e) The provisions of this section shall not apply to any parcel of land greater 75 than one (1) acre in size which is (1) located in an agricultural zoning district or enrolled 76 in the land use assessment program and (2) used principally for agricultural, silvicuttural 77 or horticultural purposes. 78 79 (f) The provisions of subsection (b) shall not apply to the following areas: 80 81 ('I) Portions of undeveloped lots, parcels or tracts of land which are not 82 located ~~vithin one hundred fifty (150) feet of a paved road; 83 (~'.) Portions of undeveloped lots, parcels or tracts of land which are not 84 located within one hundred fifty (150) feet of any other property, developed or 85 undevel~~ped, located in a Residential, Apartment, Business, Office, Resort 86 Tourist or Industrial Zoning District; 87 (3) Portions of undeveloped lots, parcels or tracts of land which are 88 inacces:~ible to power mowing equipment; 89 (4) Areas required by the Chesapeake Bay Preservation Area 90 Ordinance [appendix F] or the Southern Watersheds Management Ordinance 91 [appendix G] to be vegetated; 92 (5) Vegetated wetlands, as defined in the Wetlands Zoning ordinance 93 [appendix A, article 14]; 94 (6) Nontidal wetlands located within Resource Protection Areas; 95 (7) Coastal primary sand dunes; 96 (8) State-designated Wildlife Habitat Areas; 97 (9) Banks of detention ponds, streams, and other bodies of water, 98 natural or manmade; 99 (10) Banks of drainage easements; 100 (11) Wooded areas, including understory vegetation; and 101 (12) Any other area required to be vegetated by reason of the 102 application of the City Zoning Ordinance [appendix A], Subdivision Ordinance 103 [appendix B], Site Plan Ordinance [appendix C], Stormwater Management 104 Ordinance [appendix D], Chesapeake Bay Preservation Area Ordinance 105 [appendix F], Southern Watersheds Management Ordinance [appendix G], or 106 any other ordinance or provision of law. 107 108 (g) As used in this section, the term "developed" shall refer to any lot, parcel 109 or tract of land upon any portion of which there has been placed any building, structure 110 or other improvement or upon any portion of which there has been any land-disturbing 111 activity, including, without limitation, paving, filling, grading, dredging, clearing or 112 excavating. 113 114 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 115 of .2010. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA11366 R-6 April 19, 2010 ro !'~ n.~,sg, ~~~ -_~ `- fs; 4j~+i y,F wh' a "enl.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Chapter 4, Article II of the City Code, Pertaining to Dance Halls and Teenage Events MEETING DATE: June 22, 2010 ^ Background: The current City Code provisions regulating public dance halls and teenage nightclubs apply only to businesses in a fixed location whose primary business is the management of public dance halls and teenage nightclubs. Currently, there are no public dance halls or teenage nightclubs in Virginia Beach that fall within the scope of the existing ordinance. However, there are mobile "events" that target young patrons and that are not subject to regulation under the current antiquated and ineffective code provisions. ^ Considerations: These amendments will ensure promoters who sponsor mobile or fixed location dance halls or teenage events in the City are subject to regulations geared to provide for the safety of the young patrons attracted to these events. Specifically, these amendments provide: §4-16: This amendment provides for the inclusion of "mobile" events hosted at different locations in the definition of "dance hall" and "teenage event." It also specifies ABC establishments must secure alcohol if such a teenage event is held in their establishment. Finally, the term "manager". is expanded to include the permit applicant and any other person supervising the event. §4-18: This amendment requires at least two uniformed, DCJS certified security guards or law enforcement officers per 100 patrons (or portions thereof) for events permitted under this article, and restricts occupancy loads based on the number of security guards present and the occupancy load assigned by the Fire Marshal. It also requires security guards to produce DCJS certification to police officers upon demand during the event. The ordinance imposes the obligation to ensure that security guards can document their certification upon the manager of the dance or hall or teenage event and makes it a Class 3 misdemeanor if the security guard fails to produce the required certification. §4-19: This amendment provides any "law enforcement officer," which includes fire marshals, may enter the event while it is operating. §4-20: This amendment requires the manager of a dance hall to have all patrons under the age of 18, who are not employed by the event, out of the facility by 10:30 p.m. and to only permit access at teenage events to patrons between the ages of 14 and 17. It also mandates ID checks of patrons, and makes it unlawful and a Class 3 misdemeanor for a patron to misrepresent his/her age or for anyone to assist in such misrepresentation. Dance Halls; Teenage Events Page 2 of 2 §4-21: -phis amendment requires a dance hall to close by 2:00 a.m. However, a teenage event must close by 10:30 p.m. to ensure the children can get home before tf•ie 11:00 p.m. City curfew. §4-32: This amendment limits permit durations for dance hall and teenage events. When an applicant is temporarily renting space from a third party, they will only be able to obtain a permit that is valid for up to three consecutive days. Applicants who own or lease property under the provisions of a lease that is at least orn: year in duration may obtain aone-year permit. This amendment further provides for the immediate shut down of an unpermitted event by the City. Lastly, this amendment makes it unlawful for a person to rent or lease his location for a dance hall or teenage event to a third party who has not obtained a permit. §4-33: This amendment outlines the permit application process which is coordin~ited through several City departments, including Police, the Commissioner of the Revenue, the Health Department and Zoning. §4-34: This amendment outlines permit approval conditions, and provides for an appeal !to Circuit Court should an applicant aggrieved by the City Manager's decision choose to appeal. §4-35: This amendment authorizes the immediate abatement of a threat to public s~~fety. It also requires compliance with all other laws and ordinances, and provide:; proceedings for other permit suspension/revocation proceedings. §4-37: This amendment requires a new permit if the permitted event is moved to an alternate location. §4-38: This amendment exempts specified groups (schools, religious use and government entities) from the permit requirements unless their event is held in an ABC licE;nsed establishment. §4-39: This amendment removes language that no longer is applicable to this article and clarifies terms in the current code provisions. §4-40: This added provision requires one-year permit holders to provide the police with at least seven (7) days notice prior to holding any dance hall or teen event. §18-76: This amendment updates the terminology and definitions in this section of the City Code's business license chapter to mirror the terminology and definitions in City Code Section 4-16. ^ Public Information: Briefing/PowerPoint presentation to City Council by the Police Department on June 8, 2010. Additionally, public information will be provided through the normal Council agenda process. ^ Recomimendations: Adopt ordinance. ^ Attachments: Ordinance. Recommended) Action: Approval Submitting Department/Agency: Police Department, Fire Marshal, Planning Department, Strategic Growth Area Office, Commissioner of the Revenue, Management Services and Parks and Recreations City Manager: 1 AN ORDINANCE TO AMEND CHAPTER 4, 2 ARTICLE II AND SECTION 18-76 OF THE 3 CITY CODE, PERTAINING TO DANCE 4 HALLS AND TEENAGE EVENTS 5 6 SECTIONS AMENDED: City Code §§ 4-16, 4- 7 18, 4-19, 4-20, 4-21, 4-32, 4-33, 4-34, 4-35, 4- 8 37, 4-38, 4-39, and 18-76 9 10 SECTION ADDED: § 4-40 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 4-16, 4-18, 4-19, 4-20, 4-21, 4-32, 4-33, 4-34, 4-35, 4-37, 4-38, 4- 16 39, 4-40 and 18-76 of the Code of the City of Virginia Beach, Virginia, are hereby 17 amended and reordained to read as follows: 18 19 ARTICLE II. RI~N~ DANCE HALLS; TEENAGE EVENTS 20 21 Sec.4-16. Definitions. 22 23 As used in this article: 24 25 (a) Dance hall means any place or event open to the general public where 26 dancing is permitted, no alcoholic beverages are provided or consumed during the 27 event, and to which man admission fee is charged or for which compensation is in 28 any manner received, either directly or indirectly, by cover charge, membership fee, 29 donation, or otherwise;i or where refreshments, food or any form of merchandise 30 are sewed provided or exhibited for compensation before, during or after daflsieg the 31 event; provided, however, that . 32 33 34 any establishment in which alcoholic 35 beverages are dispensed pursuant to a mid-sl~l~ license issued by the Virginia 36 Alcoholic Beverage Control Board shall not be considered a lis dance hall. The-sale 37 , 38 39 . 40 41 (b) City manager means the city manager or such other employee or officer of 42 the city as he may designate. 43 44 (c) Teenage flig#tsk~b event means any event conducted in a 45 dance hall open o~ to members of the general public between the ages of fourteen 46 (14) and seventeen (17), inclusive and other ffefseAS patrons or employees authorized 47 by this articles: ~ , 48 psis-e~~. , 49 senside~atie~-i , 50 seise Establishments issued a valid license to sell alcohol may operate a 51 teenage event only when all alcoholic beverages are stored in a locked area and access 52 to the locked area is prohibited at all times the teenage event is open for business. 53 hided;--k~ewE, 54 l~ed+n 55 0,,,.oea;,,,, +o., 56 ~e+~age-r~igl}tsk~: 57 58 {~~eE 59 ;mss- 60 61 (d) Manager means the person to whom the permit is issued or any person 62 present at the ~~ance hall or teenage event who is charged with 63 , 64 epeFa#+e+~##~ supervising the event or in any way conducting 65 its business, or both. 66 67 (e) Pelson means any individual, group of individuals, corporation, partnership, 68 association or other entity formed for the purpose of conducting business, or any 69 combination of the foregoing. 70 71 COMMENT 72 73 This amendment provides for the inclusion of "mobile" events hosted at different locations 74 in the definition of "dance hall" and "teenage event." It also specifies ABC establishments must 75 secure alcohol if such a teenage event is held in their establishment. Finally, the term "manager" is 76 expanded to include the permit applicant and any other person supervising the event. 77 78 Sec. 4-17. Violations of article. 79 80 (a) F-ny person violating any provision of this article, or any term, condition or 81 restriction of a permit granted under this article, or failing to comply with any action of 82 the city manager pursuant to section 4-35, shall be guilty of a Class 3 misdemeanor. In 83 addition thereto and not in lieu thereof, any continuing violation of any provision of this 84 article may be enjoined by the circuit court upon application of the city attorney. 85 86 (b) ~Jeither the commencement of criminal or civil proceedings under this 87 section, nor any judgment rendered therein, shall preclude the city manager from taking 88 action in accordance with section 4-35. 89 90 Sec. 4-18. Security officers required. 91 92 ~ At least eAe (4- ~ two uniformed, Felice-a#iser; 93 fully certified Department of Criminal Justice Service lDCJS) security 94 officers or law enforcement officers shall be provided, at the expense of the ewRe~~ 95 epeFatef germittee, for every one hundred (100) patrons, or portion thereof, in 96 attendance at any ~lis dance hall or teenage event 97 98 ~ During any dance hall or teenage event the occupancy load is restricted to 99 the number assigned by the Fire Marshall's Office or the number for which security 100 guards are present, whichever number is lower. 101 102 ~ Every security officer must provide proof of DCJS certification if requested 103 by a police officer. The manager shall be guilty of a Class 3 misdemeanor for each 104 security guard who fails to provide such proof upon request. 105 106 COMMENT 107 108 This amendment requires at least two uniformed, DCJS certified security guards or law 109 enforcement officers per 100 patrons (or portions thereof) for events permitted under this article, 110 and restricts occupancy loads based on the number of security guards present and the occupancy 111 load assigned by the Fire Marshal. It also requires security guards to produce DCJS certification 112 to police officers upon demand during the event. The ordinance imposes the obligation to ensure 113 that security guards can document their certification upon the manager of the dance or hall or 114 teenage event and makes it a Class 3 misdemeanor if the security guard fails to produce the 115 required certification. 116 117 Sec. 4-19. Right of entry of police and fire marshal; enforcement. 118 119 The chief of police shall enforce the provisions of this aArticle, and for that 120 purpose, ~elise--e#iser-s any law enforcement officer of the city may enter any lis 121 dance hall or teenage eigk~tc~lab event for which a permit has been granted or is required 122 under this aArticle during all hours of operation. 123 124 COMMENT 125 126 This amendment provides any "law enforcement officer," which includes fire marshals, 127 may enter the event while it is operating. 128 129 Sec. 4-20. Entry prohibited . 130 131 (a) Ale--pefsea The manager shall not allow any patron under the age of 132 eighteen (18) years shall to remain in a ~lblio dance hall after 9AA 10:30 p.m. unless 133 lawfully employed therein. 134 135 (b) Ale-peFSea The manager shall not allow any patron eighteen (18) years of 136 age or older who is not the parent or legal guardian of a patron shall to enter,- 137 ^°~^,~++°~+ +^ °^+°~ a teenage ~b event during hours of operation unless for 138 purposes related to his lawful employment; aad-fle-~erse~and the manager shall not 139 allow any juvenile under the age of fourteen (14) years shall to enter a teenage 140 sly event for any reason. 141 142 (c) The manager of any ~lis dance hall or teenage ~b event shall 143 conduct, or cause to be conducted, a positive identification check of each ~efser~ ap tron 144 seeking admiii:ance to ensure compliance with this section. Acceptable forms of 145 identification include valid government-issued or school-issued identification cards. 146 However, where a patron under the age of 18 has no identification card, a note from his 147 or her parent or legal guardian that provides the following information: (i) name and age 148 of underage p;~tron; (ii) name of parent or legal guardian; (iii) name/location of teen 149 event; and (iv) phone number where parent or legal guardian may be contacted at anv 150 time during the teen event. 151 152 (d) It shall be unlawful for any ~efse+~ ap tron to falsely represent his or her age 153 in order to gain admittance to a s dance hall or teenage event or for 154 anyone der-sere to aid, abet or assist in making such false representation. 155 156 COMMENT 157 158 This amendment requires the manager of a dance hall to have all patrons under the age of 159 18, who are not employed by the event, out of the facility by 10:30 p.m. and to only permit access at 160 teenage events to patrons between the ages of 14 and 17. It also mandates ID checks of patrons, and 161 makes it unlawful and a Class 3 misdemeanor for a patron to misrepresent his/her age or for 162 anyone to assist in such misrepresentation. 163 164 Sec. 4-21. Re~auired closing hours. 165 166 ~ No f~rblis dance hall shall remain open after 2:00 a.m. 167 168 (b) No teenage event shall remain open after 10:30 p.m. 169 170 COMMENT 171 172 This amendment requires a dance hall to close by 2:00 a.m. However, a teenage event must 173 close by 10:30 p.~n. to ensure the children can get home before the 11:00 p.m. City curfew. 174 175 Secs.4-22--4-.31. Reserved. 176 177 DIVISION 2. PERMITS. ; REVOCATION* 178 179 Sec. 4-32. Peirmit required. 180 181 ~ l'Je It shall be unlawful for anv person shall to conduct or operate a ~lis 182 dance hall or Teenage ~#tslub event in the city without a valid permit authorizing the 183 operation of :such event. Any public safety employee may require 184 patrons present at an unpermitted dance hall or teenage event to immediately disperse. 185 186 b It shall be unlawful for any person to rent or lease a premises to any third 187 party for the purpose of conducting or operating a dance hall or teenage event unless 188 the third party I~as obtained the permit required under this section. 189 190 (c) Except as otherwise set forth in this subsection, no permit for a dance hall or 191 teen event shall issue for a period of more than three consecutive days, the dates of 192 which shall be specified on the face of the permit. Notwithstanding the foregoing, any 193 applicant who owns the property upon which a dance hall or teen event is to be 194 operated or who is a tenant under a lease providing for the continuous and exclusive 195 control and occupancy of such property for a period of at least one year from the 196 proposed effective date of the permit may apply for a permit that may be valid for one 197 year. Rights exercised under the provisions of a one-year permit are not transferable to 198 any third party. 199 200 COMMENT 201 202 This amendment limits permit durations for dance hall and teenage events. When an 203 applicant is temporarily renting space from a third party, he or she will only be able to obtain a 204 permit that is valid for up to three consecutive days. Applicants who own or lease property 205 continuously and exclusively for a period of at least one year in duration may obtain aone-year 206 permit. This amendment further provides for the immediate "shut down" of an unpermitted event 207 by the City by causing all patrons present to immediately leave the event. Lastly, this amendment 208 makes it unlawful for a person to rent or lease his or her location for a dance hall or teenage event 209 to a third party who has not obtained a permit. 210 211 Sec.4-33. Application. 212 213 (a) To obtain a permit required by this article a person 214 shall submit an application tgefe#ef to the city manager; acser~paa+ed-~y To obtain a 215 permit to operate a dance hall or teenage event the applicant shall pay a nonrefundable 216 processing fee of one hundred dollars ($100.00). Such application shall contain, or have 217 appended to it, the following information: 218 219 (1) The street address where the proposed dance hall or teenage ~b 220 event is to be located; 221 222 (2) the name and residence address of each manager or other person 223 who has a sponsorship or financial interest in the proposed dance hall 224 or teenage flab-event; °^~, ~f +~o ,,,.,.,o~ „~ ,,,.,.,o~~...,,~~ .,,,+ ~o +tio 225 226 ,_ 227 (3) If the applicant for the dance hall or teenage event 228 ep rmit is a corporation or other entity, such application shall set forth 229 the names and residence addresses of the officers and directors of 230 such corporation or other entity, or; if there are no such officers or 231 directors, the names and addresses of all persons having an 232 ownership interest therein of twenty (20) percent or more; 233 234 (4) If food is offered. ~4a statement as to the type of food to be offered and 235 a description of the facilities to be ~ewded utilized for the preparation 236 and service thereofs together with appropriate Health Department 237 permits or copies of filed applications therefore; 238 239 (5) A written certification by the zoning administrator that the proposed use 240 of the property is permitted and that there is sufficient vehicular parking 241 provided on the property to meet the requirements of the sCity Zoning 242 Ordinance [Appendix A]; 243 244 ~ A written certification by the building official that the proposed structure 245 or property is in compliance with the requirements of the Uniform 246 Statewide Building Code for the proposed use; 247 248 ~ Certification from the commissioner of the revenue that required 249 business license(s) has or have been obtained; 250 251 {6} ; 252 253 ~- , 254 255 256 , ' , 257 ; 258 259 ~ Applicant shall certify compliance with the requirements of § 4-18. For 260 1-3 day permits, certification from DCJS must be submitted for all 261 security personnel prior to the event; 262 263 (~91 The name and address of the person who is designated to receive 264 notices on behalf of the applicant ; a~ 265 266 (81 ~J) A statement of whether any of the individuals whose names are 267 required to be set forth in the application pursuant to subdivisions (2) 268 and (3) has ever applied for, or had an ownership interest in any 269 business entity which applied for, a permit required by this article or a 270 similar ordinance of any other county, city or town. If such statement is 271 in the affirmative, the applicant shall give full particulars as to the 272 nature of the application, the date thereof, and the disposition of the 273 application.-; and 274 275 11'I Proof of liability insurance underwritten by insurers acceptable to the 276 city, indemnifying the applicant against any perils, suits, claims and 277 losses which may arise in connection with the proposed event. Such 278 coverage shall be in amounts consistent with a standard schedule 279 approved by the city manager, based upon risks associated with each 280 type of event. in consideration of anticipated attendance. 281 282 , 283 284 285 , 286 , 287 , 288 289 290 291 , 292 293 294 295 296 , 297 9- 298 299 (b) In the case of 1-3 day permits, applications for permits shall be submitted at 300 least thirtv (30) days prior to the event. In the case of 1-year permits, applications for 301 permits shall be submitted at least thirtv (30) days prior to the first event. All applications 302 shall be approved by the Police Department, Planning Department/Zoning, 303 Commissioner of the Revenue and the Fire Marshal's office, and the Virginia Beach 304 Health Department if food or beverages are available. Such entities must be permitted 305 access to the event location for inspection purposes prior to the issuance of the permit. 306 307 COMMENT 308 309 This amendment outlines the permit application process which is coordinated through 310 several City departments, including Police, the Commissioner of the Revenue, the Health 311 Department and Zoning. 312 313 Sec. 4-34. ~°~9Grant or denial; conditions; hearing. 314 315 (a) The application shall be granted if it contains all of the information and 316 certifications required by section 4-33 and: 317 318 (1) None of the individuals whose names are required to be set forth in the 319 application pursuant to section 4-33 has been convicted of a felony or of any 320 crime involving moral turpitude or the possession or sale of, attempted 321 possession or sale of, or conspiracy to possess or sell, a controlled 322 substance, alcohol or firearms; and in the case of an application for a permit 323 to operate a teenage +~ig#ts~ event, in addition to the foregoing, 324 contributing to the delinquency of a minor or any other criminal offense 325 against a juvenile; 326 327 (2) There has been no misrepresentation or misstatement concerning, or 328 omission of, any fact, material or otherwise, in the application, whether such 329 misrepresentation, misstatement or omission is intentional or inadvertent; 330 araEl 331 332 (3) ~-tl , 333 ~' , 334 335 +ssa 336 #ef- ' None of the individuals 337 whose names are required to be set forth in the application have been 338 corwicted of any violation of this article within the last twelve (12) months; 339 ancl. 340 341 ~ The event is not located in a residential dwelling; including but not limited to 342 sincale-family, duplex or multi-family dwellings. 343 344 (b) ~'kae ' 345 , 346 g,., 347 6e~plies-w~- 348 ia#e~$ , 349 nal , 350 t,-..,o .,., .,,+,+;+,,. 351 t-sr--der 352 , 353 'era- The city manager shall grant or deny the application 354 within fourteen (14) days after receipt by him of a complete application; provided, 355 however, that in the event the city manager is unable to determine within such time 356 whether or not the application complies with the requirement for granting a permit on the 357 basis of the information provided, he may so notify the applicant and require the 358 applicant to provide such additional information as may be necessary. 359 360 (c) The city manager may attach such conditions to a permit as are reasonably 361 related to the preservation and protection of the public peace and order. 362 363 (d) A permit shall not be issued to a person, nor shall a permit be deemed to 364 authorize the ~~peration of a his dance hall, or teenage ~~ event by any 365 person, other than the applicant or applicants whose names are set forth in the 366 application. 367 368 a An permit holder aggrieved by a decision of the city manager may appeal 369 such action to 1:he circuit court by proper application filed within thirty (30) days from the 370 date of such ds~cision. 371 372 COMMENT 373 374 This amendment outlines permit approval conditions, and provides for an appeal to Circuit 375 Court should an ;applicant aggrieved by the City Manager's decision choose to appeal. 376 377 Sec. 4-35. Conditions and restrictions; revocation~ts ; violations. 378 379 (a) Every permit granted under this article shall be subject to the 380 conditions and restrictions stated in the permit and to all applicable 381 laws, ordinances and regulations. Notwithstanding anv rights or 382 privileges conferred by the permit anv imminent threat to public 383 safety may be immediately abated by a law enforcement officer 384 385 386 387 388 389 390 391 392 393 394 395 396 ,' ; 397 398 399 400 , 401 402 403 404 405 406 407 408 409 410 411 412 413 ~ The granting of anv permit reauired by this section shall not eliminate anv 414 requirement for an v other permit(s) which may be prescribed by anv other federal state 415 or local statutes. ordinances rules or regulations or compliance with anv other 416 applicable federal, state or local statutes ordinances rules or regulations 417 418 ~ Nothin g in this article shall supersede the provisions of the City Zoning 419 Ordinance. 420 421 (s d~ Upon the submission by the chief of police of a written complaint to the city 422 manager, setting forth facts which, if proven, would constitute grounds for taking any of 423 the actions set forth in subsection {~},rif~, the city manager shall promptly notify the 424 permit holder, or his designee for receiving notice, of such complaint and schedule a 425 hearing thereon. Such grounds shall be limited to those set forth in subsection {#}~. 426 The notice shall be personally delivered or sent by certified or regular mail to the person 427 designated to receive such notices and shall: 428 429 (1) Set forth the facts upon which the complaint is based or, alternatively, make 430 reference to the complaint and contain a copy of such complaint as an 431 att~~chment; 432 433 (2) State the actions which may be taken by the .city manager pursuant to 434 sui~section {~j f~ or, alternatively, make reference to this section and contain 435 a copy thereof as an attachment; 436 437 (3) State the date, time and place of such hearing, which shall not be held less 438 then seven (7) days after the date the notice is mailed or delivered; and 439 440 (4) State that the applicant is entitled to be present at the hearing, in person or 441 by a representative, and to present evidence on his behalf. 442 443 a In cases involving one-near permits the city manager may, after notice and 444 hearing, take such action as is allowed pursuant to subsection (fl if he finds, by a 445 preponderancE: of the evidence presented at such hearing, that: 446 447 (1) Thc~ establishment is a public nuisance; 448 449 (2) Thc~ establishment is frequented by patrons under the ape of eighteen (18) 450 ye;~rs after 10:30 p.m.; 451 452 (3) Th;~t the establishment is frequented by patrons engaged in disorderly, 453 viclent, indecent or unlawful conduct; 454 455 (4) Th~~ operation of the establishment is in violation of anv of the provisions of 456 thf~ Virginia Fire Prevention Code the Virginia Uniform Statewide Building 457 Code the City Zoning Ordinance public health regulations or anv provision 458 of this article; 459 460 S5) Th,~ establishment or its operation is not in strict compliance with the terms 461 of the permit; 462 463 (6) Th,~ application contains anv misrepresentation misstatement or omission, 464 intentional or inadvertent concerning anv information required to be 465 ~~vided in or in connection with, the application; or 466 467 (7) Illegal drugs or beverages containing alcohol were consumed or sold during 468 the permitted event: or 469 470 (8) Patrons, employees or persons under the influence of illegal drugs or 471 alcohol were allowed entrance into the permitted event. 472 473 (d ~ If the city manager finds, by a preponderance of the evidence presented at 474 such hearing, that one (1) or more of the grounds alleged in the complaint have been 475 proven, he may: 476 477 (1) Revoke the permit; 478 479 (2) Suspend the permit; 480 481 (3) Attach one (1) or more additional conditions or restrictions to the permit; or 482 483 (4) Require the posting of a bond, in an amount and form satisfactory to the city 484 manager, securing to the city the faithful performance of the terms and 485 conditions of the permit and compliance with all applicable laws, ordinances 486 and regulations. 487 488 The city manager shall render a decision within ten (10) days of the date of the 489 hearing and shall promptly notify the permit holder, or the person designated to receive 490 notices, of the action taken by the city manager. Such notice shall be sent by certified or 491 registered mail. 492 493 (e g~ Any permit holder aggrieved by a decision of the city manager may appeal 494 such action to the circuit court within thirty (30) days from the date of such decision; 495 provided, however, that the commencement of such appeal shall not stay the action of 496 the city manager. 497 498 COMMENT 499 500 This amendment authorizes the immediate abatement of a threat to public safety. It also 501 requires compliance with all other laws and ordinances, and provides proceedings for other permit 502 suspension revocation proceedings. 503 504 Sec. 4-36. Not transferable. 505 506 A permit granted under this article shall not be transferable. 507 508 Sec. 4-37. New permit upon change in location. 509 510 511 512 , ~ .Any change in the location of a lis-r~ange~-ifl 513 fhe-lesatien-e€-a-pu~lis dance hall or te~eRage-nig#tsl~ teenage event shall invalidate 514 the permit. 515 516 COMMENT 517 518 This amendment requires a new permit if the permitted event is moved to an alternate 519 location. 520 521 Sec.4-38. ExE~mptions. 522 523 The pro~iisions of this article shall not apply to any dance hall or teenage event 524 officially spon;>ored by a school, religious use or governmental entity; #~eld-fer 525 elect--ems 526 ed~sat~ieAa~-s+~ unless the dance hall or teenage event is held 527 in an Alcoholic Beverage Control Board-licensed establishment .Nothing in this section 528 exempts any school, religious use or governmental entity from the provisions of any 529 other city or :Mate laws or regulations including but not limited to Zoning, Health 530 Department, grid Building Code regulations and laws. 531 532 COMMENT 533 534 This amendment exempts specified groups (schools, religious use and government entities) 535 from the permit requirements unless their event is held in an ABC-licensed establishment. 536 537 Sec. 4-39. Special provisions applicable to teenage ~iig#tsl~s-events. 538 539 The pro~risions of this section shall apply only to teenage fl+~s events. 540 541 (a) Ale-~efsen-wk~e It shall be unlawful to employ anyone who has been 542 convicted of any offense set forth in section 4-34(a)(1) ~ at a 543 teenage eig#tslt~ event. 544 545 {~---~• . 546 at~mb°~~.--o{~~: • 547 548 {s)---Ply •, 549 550 551 (d b) It shall be unlawful to permit anyone ff under the influence 552 of alcohol or a controlled substance to enter upon, or remain within, a teenage ~b 553 event. 554 555 (e ~ (\lo patron, having exited a teenage ~ event, shall be permitted to 556 reenter the premises on the same day or remain on the property. 557 558 559 560 COMMENT 561 562 This amendment removes language that no longer is applicable to this article and clarifies 563 terms in the current code provisions. 564 565 Sec. 4-40. Special provision applicable to one-near permits. 566 567 Persons exercising authority under the provisions of a one-year permit shall 568 provide the Police Commander of the precinct in which the premises is located, a 569 minimum of seven (7) days written notice prior to any dance hall or teenage event. 570 571 COMMENT 572 573 This added provision requires one-year permit holders to provide the police with at least 574 seven (7) days notice prior to holding any dance hall or teen event. 575 576 .... 577 578 Sec. 18-76. Dance halls and teenage events. 579 580 (a) Every person operating a lis dance hall or teenage event shall pay an 581 annual license tax of $200.00. A manager of a dance hall or teenage event shall also 582 collect and remit all required taxes, including but not limited to, admissions taxes as 583 required by Section 35-182 of this Code. 584 585 (b) For the purposes of this section, the terms "~lis dance hall" e 586 ; 587 588 589 590 ." and "teenage event" are defined as provided in 591 Section 4-16 of this Code. 592 593 (c) No license shall be issued under this chapter for the operation of a +s 594 dance or teenage event hall unless a permit, as required by article II of chapter 4 of this 595 Code, has been granted. 596 597 (d) Upon conviction of a violation of article II of chapter 4 of this Code by any 598 person holding a license for the operation of a his dance hall or teenage event, such 599 license may be revoked. 600 601 COMMENT 602 603 This amendment updates the terminology and definitions in this section of the City Code's 604 business license chapter to mirror the terminology and definitions in City Code Section 4-16. 605 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2010. APPROVED A~> TO CONTENT: ~" C'~'`, Fire Marshal CONTENT: APPROVED AS TO CONTENT: is GroNvth Area APPROVED A~> TO APPROVED AS TO CONTENT: ~ I r K / Co missio er f evenue Manage a Services APPROVED A~> TO CONTENT: P s and R tion APPROVED AS ONTENT: pa ent ealth APPROVED A~~ TO LEGAL SUFFICIENCY: _~ ity ney's office CA9510 R-20 June 9, 2010 APPROVED AS TO CONTENT: ~i we~ ~~~ ~~ .~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Repeal Section 2-285 Pertaining to the Consumer Protection Division of the Commonwealth Attorney's Office and Amend Sections 32-17, 32-18, 32-26, 32-27 And 32-29 Pertaining to Out Of Business Sales MEETING DATE: June 22, 2010 ^ Background: As part of the budget cuts enacted during the recent budget process, the Consumer Protection Division of the Commonwealth Attorney's Office was eliminated. The state Office of Consumer Affairs is responsible for consumer protection statewide, so, beginning with the new fiscal year on July 1, 2010, local consumer requests for assistance will be referred to the state. Complaints may be filed with the state Office of Consumer Affairs in several ways, including via the Internet or by calling their toll-free number, (800) 552-9963. ^ Considerations: Because the local Consumer Protection Division will close at the end of June, this ordinance deletes the City Code provision regarding the Consumer Protection Division, effective July 1, 2010. State law requires the City to issue "going out of business sale" permits (Va. Code § 18.2-224). The Consumer Protection Division previously issued these permits. The Commissioner of the Revenue has agreed to provide for the issuances of these permits after July 1, 2010. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Commonwealth Attorney's Office ~~c~-b City Manager. b~ 1 AN ORDINANCE TO REPEAL SECTION 2- 2 285 PERTAINING TO THE CONSUMER 3 PROTECTION DIVISION OF THE 4 COMMONWEALTH ATTORNEY'S OFFICE 5 AND AMEND SECTIONS 32-17, 32-18, 32-26, 6 32-27 AND 32-29 PERTAINING TO OUT OF 7 BUSINESS SALES 8 9 SECTION REPEALED: § 2-285 10 SECTIONS AMENDED: §§ 32-17, 32-18, 32-26, 32-27, and 32-29 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That SE:ction 2-285 of the Code of the City of Virginia Beach, Virginia, is hereby 16 repealed and Sections 32-17, 32-18, 32-26, 32-27 and 32-29 are hereby amended: 17 18 r~cQ T-iv~t~ 19 20 ~AAA~BWaStAI~ 21 22 Ses:2-~85: 23 24 25 {a~--a" 26 s#atl--be--Fesp+ 27 ,.~,,ar~slises-,aad- . 29 31 p~estisq--e#~^ , 32 ~a+~aQe~ 33 34 {s}-~' 35 acid-k~+s--desi~ 36 dies: 37 38 ARTICLE I. ICI GENERAL 39 40 Secs. 3.2-1--32-15. Reserved. 41 42 ARTICLE II. GOING-OUT-OF-BUSINESS SALES 43 44 DIVISION 1. GENERALLY 45 46 Sec. 32-16. Violations of article. 47 48 Any person who shall violate any of the provisions of this article shall be guilty of 49 a Class 1 misdemeanor, and each day's business in violation of the provisions of this 50 article shall constitute a separate offense. 51 52 Sec. 32-17. Advertisement or sale of uninventoried goods. 53 54 (a) It shall be unlawful for any person connected with a sale authorized by a 55 permit issued under this article to advertise or to sell, during the period covered by such 56 permit, any goods which are not specified in the inventor filed pursuant to section 32-27. 57 58 (b) In addition to any other penalties prescribed by law, the seest~eF 59 pfetest+en-e#isef commissioner of the revenue shall revoke any special sale permit 60 upon proof that goods not appearing on the original inventory of special sale goods filed 61 pursuant to section 32-27 have been commingled with or added to the special sale 62 goods. 63 64 Sec.32-18. Inspections. 65 66 The commissioner of the revenue shall inspect the 67 advertisement and conduct of a sale authorized by a permit issued under this article to 68 insure that it is advertised and conducted in conformity with such permit. 69 70 Secs. 32-19--32-25. Reserved. 71 72 DIVISION 2. PERMIT 73 74 Sec.32-26. Required. 75 76 It shall be unlawful for any person to advertise or conduct a sale for the purpose 77 of discontinuing a retail business, or to modify the word "sale" in any advertisement with 78 the words "going out of business" or any other words which tend to insinuate that the 79 retail business is to be discontinued and the merchandise liquidate, unless such person 80 has a valid permit to conduct such sale issued by the 81 commissioner of the revenue of the city. 82 83 Sec.32-27. Application. 84 85 (a) Application for a permit required by this division shall be filed, on forms 86 provided for the purpose, with the commissioner 87 of the revenue. Such application shall be accompanied by an inventory, including the 88 kind and quantity of all goods which are to be offered for sale during the sale for which 89 the permit is sought. 90 91 (b) It shall be unlawful for any person to make any false statement in any 92 application filed pursuant to this section. 93 94 Sec.32-28. Fee. 95 96 The feE~ for a permit required by this division shall be sixty-five dollars ($65.00). 97 State I~~w references: Authority to charge above fee, Code of Virginia, § 18.2- 98 224. 99 100 Sec.32-29. Issuance. 101 102 The ssi commissioner of the revenue shall issue permits 103 required by this division to retail merchants upon the filing of a proper application and 104 payment of thE; prescribed fee. 105 106 Sec.32-30. Term. 107 108 Each pE;rmit issued under this division shall be valid for a period of no longer than 109 sixty (60) days and any extension of that time shall constitute a new sale and shall 110 require an additional permit and inventory. A maximum of one (1) permit beyond the 111 initial sixty-da}~ permit may be granted solely for the purpose of liquidating only those 112 goods containc~d in the initial inventory list and which remain unsold. The repeal of this ordinance shall be effective July 1, 2010. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2010. APPROVED AS TO CONTENT c_~ra Com nwealtl~'s Attorney APPROVED AS TO CONTENT: . . Co fission o R venue APPROVED A.3 TO LEGAL SUFFICIENCY: - -~ ney's Office CA11536 R-3 June 10, 2010 .1' NU'e Ate". C• rj~ H ~7 roi~ ~"_'i~':) _ '.>. fuz 71 .~! ~y .,, p J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving a Cooperative Agreement Between the City Council and the School Board of the City of Virginia Beach Pertaining to Legal Services to be Provided to the School Board and School Administration by the Office of the City Attorney in Fiscal Year 2011 MEETING DATE: June 22. 2010 ^ Background: Since 1996, the City Council has entered into a Cooperative Agreement for the City Attorney to provide legal services to the School Board. Each year, the Agreement is presented to the City Council for approval. On June 8, the School Board approved the attached Cooperative Agreement. ^ Considerations: Under the Cooperative Agreement between City Council and the School Board, the City Attorney's Office will continue to provide 4,125 hours of legal service to the School Division and will be reimbursed for the direct cost of those services. One Deputy City Attorney (Kamala H. Lannetti), one Associate City Attorney (LaRana J. Owens), and one legal secretary (Anna Blanton) are located in the School Administration Building, and the Deputy City Attorney coordinates the delivery of additional legal services, as needed, by other attorneys in the City Attorney's Office, as well as outside counsel. ^ Public Information: The ordinance is to be advertised as a routine agenda item. ^ Recommendation: It is recommended that the City Council approve the Cooperative Agreement and authorize Mayor Sessoms to execute it on behalf of the City Council. ^ Attachments: Ordinance Cooperative Agreement Recommended Action: Approval Submitting Department/Agency: City Attorne ~~~ City Manage . ~ , ~~ 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA 4 BEACH PERTAINING TO LEGAL SERVICES TO BE 5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL 6 ADMINISTRATION BY THE OFFICE OF THE CITY 7 ATTORNEY IN FISCAL YEAR 2011 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHI=REAS, the Office of the City Attorney has, for a number of years, provided legal services to the Virginia Beach School Board and School Administration pursuant to Cooperative A~~reements; WHE=REAS, the Cooperative Agreement for FY 2010, which expires on June 30, 2010, provider that "[t]his Cooperative Agreement ... may be revised, as necessary, and renewed each fiscal year ...;" and WHE=REAS, City Council agrees that it is in the best interests of the City and the School Board i~or the Office of the City Attorney to continue to provide legal services to the School Board I~ursuant to the revised Cooperative Agreement for FY 2011. NOVV, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby approves the Cooperative Agreement for FY 2011, a copy of which is attached hereto. 2. That the Mayor is hereby authorized to execute the Cooperative Agreement on behalf of thE~ City Council. AdoF~ted by the Council of the City of Virginia Beach, Virginia on the 2010. APPROVED A.3 TO CONTENT AND LEGAL SUFFICIENCY: ~~ 'r City Attorney day of CA11552 R-1 June 15, 2010 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2011 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as maybe assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to 1 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. I~~entification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of vi olation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned :'regal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship bet~~een the City Attorney's Office and the School Board, to provide for the delivery 2 of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement• NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of two and one half (2 '/z) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2011. The services to be provided as follows: A. The City Attorney will assign two attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time (i.e., approximately 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and LaRana Owens, Associate City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1 D. B. The City Attorney will dedicate one Secretary on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school-related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, 3 litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City A.ttorney's Office will endeavor to handle as many legal matters in-house as it is c,~pable of handling subject to the provisions of this Agreement. 1;~. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be rr~utually agreed upon by the City Attorney and the School Board. Additionally, if' a majority of the Members of the School Board expresses dissatisfaction with t1~e legal services provided by the assigned attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the S;,hool Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the S~~hool Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Resorts. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matter~~ being handled on behalf of the School Board and School Administration; provided, howe~~er, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of 4 the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. 5 6. PJature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. p'ayment for Services. The City shall forward to the School Board IDT requests in the amount oi'$350,625.40 its FY 2011 Operating Budget to the FY 2011 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Secretary. IDT requests of 25% of the total shall b~; made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2010, and ends June 30, 2011, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party :;hall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. 6 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: Daniel D. Edwards, Chairman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on dune ~ , 2010. By: School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: William Sessoms, Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2010. By: City Clerk 7 Z t,~ `` 4tiN~N~j%~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Making a Public Purpose Determination under the PPEA, Authorizing the City Manager to Execute a Comprehensive Agreement for the Design, Construction, and Outfitting of the Adoption-Friendly Animal .Shelter and Setting an Approximate Start Date MEETING DATE: June 22, 2010 ^ Background: On March 4, 2008, the City Council adopted a resolution supporting the development of an Adoption-Friendly Animal Shelter. The City conducted a number of public forums to receive community input and gauge support for this project. The City published a final report on June 3, 2009, that incorporated the public input along with the recommendations of City staff and a consultant. On June 5, 2009, the City received an unsolicited proposal from Armada Hoffler. This began the Public-Private Education Facilities and Infrastructure Act ("PPEA") process where the City requested conceptual proposals and, later, requested detailed proposals from the two respondents. The City Council has received three briefings on the PPEA process as this project has progressed: June 23, 2009, October 13, 2009, and January 26, 2010. During the January 26 briefing, City Council approved staffs recommendation to select the Armada Hoffler proposal for the design, construction, and outfitting of the Animal Shelter and to proceed with the preparation of a PPEA comprehensive agreement. On May 11, 2010, City Council approved the FY 2011 Capital Budget, which included full funding to proceed with the Animal Shelter. A public hearing was held on May 25, 2010, to receive public feedback. All four speakers offered positive comments on the City's decision to proceed with the Animal Shelter PPEA project. ^ Considerations: A negotiated and final agreement on project scope, schedule, and cost has been reached with Armada Hoffler. On May 21, 2010, a copy of the comprehensive agreement was posted on the City's website. The attached resolution fulfills the statutory requirement that a comprehensive agreement be approved by the City Council. With the approval of this resolution, it is anticipated that the notice-to- proceed will be issued to Armada Hoffler on July 1, 2010. ^ Public Information: Public information will be handled through the normal Council agenda process. Additionally, a public hearing on the Animal Shelter and the PPEA process was held on May 25, 2010, and the comprehensive agreement was posted on the City's website. ^ Alternatives: Do not approve the resolution. An alternative project delivery method would need to be selected. ^ Recommendations: Approve the resolution. ^ Attachments: Resolution; Summary of Material Terms Recommended Action: Approval Submitting C~epartment/Agency: Pu orks ~G~ ~ ••~^, City Manageir. S ~, , 6`a''~ ~J Summary of Material Terms Comprehensive Agreement between the City and Armada Hoffler for the Design, Construction, and Outfitting of the Adoption Friendly Animal Shelter Parties: City & Armada Hoffler Purpose: Design, Construction, and Outfitting of an Animal Shelter Material Terms: • Contract amount - $11,037,000 • Notice to Proceed -July 1, 2010 • Time to Complete - 540 days • Completion Date -December 22, 2011 • Building features: 0 37,000 square feet ^ Adoption Area ^ Surrender/Intake Area ^ Holding areas ^ Surgical/Vet Area ^ Sallyport ^ Support Spaces (grooming, food prep, cleaning, storage, etc.) o "Green" features: geothermal heating/cooling, solar panels for hot water, roof-rain water harvesting 0 2,000 of the s.f. is specifically for Animal Control staff o Outdoor exercise area o Cage capacity for 166 dogs, 107 cats, 10 pocket pets, and 10 exotics o Animal barn for 3 large livestock and 16 poultry o Expandable floor plan o Essential Facility, Hurricane Category 2 • Location - Birdneck Road just north of the Owls Creek golf course Project Objectives: • Healthier animals • Increase in adoptions • Lower maintenance cost • Lower incident and accidents rates • Lower euthanasia rate • Better community relations 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 A RESOLUTION MAKING A PUBLIC PURPOSE DETERMINATION UNDER THE PPEA, AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPREHENSIVE AGREEMENT FOR THE DESIGN, CONSTRUCTION, AND OUTFITTING OF THE ADOPTION-FRIENDLY ANIMAL SHELTER, AND SETTING AN APPROXIMATE START DATE WHEREAS, on June 5, 2009, the City received an unsolicited proposal pursuant to the Virginia Public-Private Education Facilities and Infrastructure Act ("PPEA") from Armada Hoffler for the design, construction and outfitting of the Adoption-Friendly Animal Shelter ("Animal Shelter Project"); and WHEREAS, on June 23, 2009, the City Council was briefed on the unsolicited proposal, and the Council accepted the unsolicited proposal while the staff was directed to issue a notice seeking other conceptual proposals for the Animal Shelter Project; and WHEREAS, on June 29, 2009, the City posted a public notice requesting conceptual proposals pursuant to the PPEA for the Animal Shelter Project; and WHEREAS, the City received two conceptual proposals for the Animal Shelter Project, an updated conceptual proposal from Armada Hoffler and a conceptual proposal from W.M. Jordan; and WHEREAS, on October 13, 2009, the City Council was briefed on the responses to the request for conceptual proposals, and the Council directed staff to proceed to the detail phase of the PPEA process; and WHEREAS, on October 23, 2009, the City requested detailed proposals pursuant to the PPEA for the Animal Shelter Project; and WHEREAS, the City received two detailed proposals for the Animal Shelter Project, one from Armada Hoffler and one from W.M. Jordan; and WHEREAS, on January 26, 2010, the City Council was briefed on the responses to the detailed proposals and, after reviewing the information provided by staff and the staff's recommendation, the Council directed staff to continue negotiations with Amada Hoffler; and WHEREAS, on May 11, 2010, the City Council approved the FY 2011 Capital Budget, which included full funding for the Animal Shelter Project in C.I.P. # 3-054; and WHEREAS, on May 16, 2010, a notice of public hearing was published in the Beacon for a hearing to be held on May 25, 2010; and 47 WHEREAS, on May 21, 2010, a copy of the comprehensive agreement in 48 substantially completed form was posted on the City website (www.vbgov.com); and 49 50 WHEREAS, on May 25, 2010, a public hearing was held in the City Council 51 Formal Sessicm with four speakers participating in the hearing. 52 53 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 54 OF VIRGINIA BEACH, VIRGINIA. THAT: 55 56 1. Based upon the City's review of the proposals received from Armada Hoffler and 57 W.M. Jordan and information and advice provided by City staff, the City Council 58 determines that entering into a comprehensive agreement for the design, 59 construction, and outfitting of the Adoption-Friendly Animal Shelter with Armada 60 Hoffler will serve the public purpose because (i) there is a public need and 61 benefit to be derived from such agreement, (ii) the price of such design, 62 constr~~ction, and outfitting is reasonable in relation to similar facilities, and (iii) 63 the agreement will result in the timely development of the Animal Shelter. 64 65 2. The Cii:y Manager or his designee is hereby directed to execute, after approval 66 for leg~~l sufficiency by the City Attorney or his designee, the comprehensive 67 agreen-ient pursuant to the PPEA with Armada Hoffler. 68 69 3. The ap~~roximate start date for the comprehensive agreement is July 1, 2010. Adopte~~ by the City Council of the City of Virginia Beach, Virginia, on this day of , 2010. Approved as t~~ Content is Approved as ~C~ Legal Sufficiency ~--~ ity rney's Office Approved as to Content (S.y6ll~~GC~+. Police CA11532 R-1 June 2, 2010 ~"5~~''``N~ ~~ y_i' ~~ :>~ ~~-- (' t--~. r'.i :~~v..~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute (1) a Term Sheet relating to an Amendment to the Amended and Restated Development Agreement by and among Thirty-First Street, L.C., the City of Virginia Beach Development Authority and the City of Virginia Beach and (2) an Amendment to Same Development Agreement. MEETING DATE: June 22, 2010 ^ Background: Thirty-First Street, L.C. (the "Developer"), the City of Virginia Beach Development Authority (the "VBDA") and the City of Virginia Beach (the "City") are all parties to the Amended and Restated Development Agreement dated June 3, 2002 (the "Development Agreement") governing the development of the Hilton Hotel on the oceanfront at 31St Street. As part of the Development Agreement, Developer and the VBDA are parties to a Deed of Lease dated July 24, 2003 (the "Hilton Lease"), by which the VBDA leases to the Developer certain real property located in the City of Virginia Beach for the 31St Street Hilton and 380 parking spaces in the VBDA-owned portion of the 31St Street Parking Garage. Developer desires to build a new hotel (the "Second Hotel") on a parcel of land located on the northwest corner of Atlantic Avenue and 31St Street, designated as "Proposed Hotel Site (BP Station Site)" on the attached Location Map. As part of its Second Hotel development, Developer has asked the VBDA and the City to amend the Hilton Lease and the Development Agreement, as applicable, (i) to include up to an additional sixty (60) parking spaces in the leased premises from the VBDA-owned portion of the 31St Street Parking Garage and (ii) to extend the term of the Hilton Lease to expire on that date which is sixty-five (65) years after a certificate of occupancy is issued for the Second Hotel. ^ Considerations: Rent for the sixty (60) additional parking spaces shall be equal to $840 per space per year with an escalator equal to ten percent (10%) every five (5) years. The City will have the option to lease up to ninety (90) additional spaces in Developer's parking garage located at 34t" Street in Virginia Beach. City Council will request that the VBDA adopt a resolution consistent with the Ordinance. Developer's preliminary plans for the Second Hotel also include the construction of an elevated public walkway across 31St Street connecting the 31St Street Garage and the Second Hotel if the Second Hotel is to be an expansion of the 31St Street Hilton at the oceanfront, all to be paid for and maintained by the Developer. The Ordinance is not preliminary approval for the walkway. ^ Public Information: Advertisement of City Council Agenda ^ Altern:~tives: The City Council can choose not to authorize execution of the Term Sheet and not to amend the Development Agreement, or can require different or additional provisions as a condition to execution of the Term Sheet and Amendment to Development Agreement. ^ Recommendations: (1) Authorize the City Manager to execute (a) the Term Sheet and (b) an Amendment to the Amended and Restated Development Agreement so long as the Amendment substantially conforms with the Term Sheet, and (2) request that the VBDA. take action consistent with the Ordinance. ^ Attachirent:Ordinance Term Sheet Location Map Recommended Action: Approval Submitting D~~partment/Agency: Office of the City Manager ~ ~, ~,~ ~,~--- c City Manager;; ~. 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE (1) A TERM SHEET RELATING TO AN 3 AMENDMENT TO THE AMENDED AND RESTATED 4 DEVELOPMENT AGREEMENT BY AND AMONG THIRTY- 5 FIRST STREET, L.C., THE CITY OF VIRGINIA BEACH 6 DEVELOPMENT AUTHORITY AND THE CITY OF 7 VIRGINIA BEACH AND (2) AN AMENDMENT TO SAME 8 DEVELOPMENT AGREEMENT. 9 10 WHEREAS, Thirty-First Street, L.C. (the "Developer"), the City of Virginia Beach 11 Development Authority (the "VEDA") and the City of Virginia Beach (the "City") are all 12 parties to that certain Amended and Restated Development Agreement dated June 3, 13 2002 (the "Development Agreement"); 14 15 WHEREAS, as a part of the Development Agreement, the Developer and the 16 VBDA are parties to that certain Deed of Lease dated July 24, 2003 (the "Hilton Lease"), 17 by which the VBDA leases to the Developer certain real property located in the City of 18 Virginia Beach and 380 parking spaces in the VBDA-owned portion of the 31St Street 19 Parking Garage; 20 21 WHEREAS, Developer desires to build a hotel (the "Second Hotel") on that 22 certain parcel of land designated as "Proposed Hotel Site (BP Station Site)" on Exhibit A 23 attached hereto and made a part hereof; 24 25 WHEREAS, Developer has asked the VBDA and the City to amend the Lease 26 and the Development Agreement, as applicable, (i) to include up to an additional sixty 27 (60) parking spaces in the leased premises from the VBDA-owned portion of the 31St 28 Street Parking Garage and (ii) to extend the term of the Hilton Lease to expire on that 29 date which is sixty-five (65) years after a certificate of occupancy is issued for the 30 Second Hotel; 31 32 WHEREAS, the City Council is of the opinion that the modifications to the 33 Development Agreement and the Hilton Lease will be beneficial to the City and will 34 assist in the generation of significant tax revenues for the City; and 35 36 WHEREAS, as a part of its development, Developer intends to pursue plans for 37 an elevated walkway from the 31St Street Parking Garage to the Second Hotel if the 38 Second Hotel is to be an expansion to the 31St Street Hilton at the oceanfront, which the 39 City Council deems reasonable so long as all public processes are followed and all 40 necessary approvals are obtained, and so long as the public is given an opportunity to 41 comment prior to the walkway being approved for construction. 42 43 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA: 45 46 1. That the City Manager is hereby authorized to execute the Term Sheet attached 47 hereto as Exhibit B and made a part hereof; 48 49 2. That th~~ City Manager is hereby authorized to execute an Amendment to the 50 Amended and Restated Development Agreement in accordance with the Term 51 Sheet ~ittached hereto as Exhibit B, and such other terms and conditions deemed 52 necessary and sufficient by the City Manager and in a form deemed satisfactory 53 by the (amity Attorney. 54 55 3. That th~~ City Council requests and recommends that the VBDA adopt a 56 resolution consistent with this Ordinance and authorizing the Chairman of the 57 VBDA to execute (i) the Term Sheet attached hereto as Exhibit B, (ii) an 58 Amendi~nent to the Amended and Restated Development Agreement and (iii) an 59 Amendment to the Hilton Lease in accordance with the terms of the Term Sheet. 60 61 4. That nothing herein shall be deemed to be preliminary approval of the elevated 62 walkway and that the City Manager is hereby directed to follow the normal and 63 custom;~ry procedure for such improvements including, without limitation, 64 consult~~tion with the Resort Advisory Commission. 65 66 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 67 , 2010. APPROVED AS TO LEGAL SUFFICIENCI~' AND FORM ~~ City Attorney CA11431 \\vbgov.com\DFSI Wpplications,Cityl.awProd\cycom32\Wpdocs\D010\P007\00059025.DOC R-1 APPROVED AS TO CONTENT ~ ~,G City Manager June 14, 2010 m_ X w ELLS 'aN 61iQWnre N 4A c6 J- J N m +J O Z TERM SHEET First Amendment to Deed of Lease (the "First Amendment") by and between The City of Virginia Beacli Development Authority (the "VBDA") and Thirty-First Street, L.C. ("Tenant"), dated July 24, 2003 (the "Lease") (All capitalized terms used herein and not otherwise defined shall have the meaning given to those terms in the Lease) Project: Development by Thirty-First Street, L.C. of a new hotel (or an expansion of the 31St Street Hilton) (either way, the "Hotel") at the corner of 31St Street and Atlantic Avenue in Virginia Beach, Virginia. As part of its development plan, Thirty-First Street, L.C. would like to (a) lease additional parking spaces in the 31St Street Parking Garage and (b) extend the term of the Lease. The proposed terms for such are set forth below in this Term Sheet and shall be memorialized in a First Amendment and in other documentation specified below. Additional In addition to the 380 parking spaces currently leased by Tenant pursuant to Parking Spaces: the terms of the Lease, Tenant shall also lease up to sixty (60) parking spaces in the VBDA-owned portion of the 31St Street Garage. The number of additional parking spaces leased will reduce by one (1) space for every (1) guest room below 150 constructed in the Hotel. Location of the additional parking spaces to be determined by the VBDA. Parking s aces to be used by Hotel atrons only. Term: The Term of the Lease shall be extended to expire on that day which is 65 years after the Rent Commencement Date (as defined below). Effective Date The Effective Date of the First Amendment will be the date of the later of the following to occur: A) the issuance of a building permit by the City of Virginia Beach (the "City") for the Hotel which will consist of a Three-Star Hotel (as defined on Exhibit B attached hereto), franchised by an Acceptable Hotel Franchisor, containing at least 150 hotel rooms (subject to approvals from the Federal Aviation Administration and Applicable Law), a minimum of 6,500 square feet of ground floor retail space and a minimum of 7,500 square feet of meeting space, and B) the execution and delivery by Tenant and the VBDA (or the City, as applicable), of the Replacement Parking Option to Lease, in a form mutually agreeable to each party, such agreement not to be unreasonably withheld, conditioned or delayed. Notwithstanding anything contained herein to the contrary, the Effective Date must occur on or before the fifth (Sth) anniversary of the date of full execution of the First Amendment, and the First Amendment shall expire and be of no further force or effect if the Effective Date has not so occurred. Rent The date on which a certificate of occupancy is issued for the Hotel. The Commencement: VBDA shall have the right to terminate the First Amendment if a certificate of Date: occupancy for the Hotel has not been issued within three (3) years (subject to force majeure) after the Effective Date. b E~XHI,BIT ~ r..~-- 0 Hotel Annual rent payable by Tenant for the sixty (60) additional spaces shall equal Expansion $ 840 per space per year, with an escalator every 5 years equal to 10%. Parkin Rent: Extension Rent: Annual rent payable by Tenant for the 380 parking spaces for each year after the 65th Lease Year shall be equal to the annual per space rent then in effect for the Hotel Expansion spaces for the respective corresponding year. The rent for the Land shall be (a) the Basic Rent payable by Tenant during the 65th Lease Year attributable to the Land only plus an annual CPI Escalator and (b) Additional Rent. Option to Lease For a period of 2 years after the Rent Commencement Date, the City and the (Replacement VBDA (with the City's approval) will have the option to lease up to ninety Parking): (90) spaces in the garage located at 34th Street (the " 34`h Street Garage") owned by an Affiliate of Tenant. By mutual agreement of the VBDA and the Tenant, in lieu of locating the ninety (90) replacement parking spaces in the 34th Street Garage, the replacement parking spaces may be located in any other garage constructed by Tenant or an Affiliate of Tenant within the area shown as the "Option Area" on Exhibit A attached hereto. The term of such replacement parking lease shall be twenty (20) years with nine (9) options to extend of five (5) years each; provided, however, that the term of the replacement parking lease shall not exceed the term remaining in the Lease. The rental rate for the ninety (90) replacement parking spaces shall be equal to the then-current aggregate Hotel Expansion Parking Rent payable by Tenant, but the rental rate for anything less than ninety (90) replacement parking spaces shall be proportionately calculated. Twenty replacement parking spaces shall be located on the second floor of the 34th Street Garage; thirty replacement parking spaces shall be located on the third floor of the 34th Street Garage; and forty replacement parking spaces shall be located on the fourth floor of the 34th Street Garage. The replacement parking spaces shall be filled first to maximize parking revenues remitted to the City. All revenues from the replacement parking spaces will be paid to the City, less a management fee not to exceed five percent (5%) of gross receipts. A report of public parking activity (including, but not limited to, financial performance of the public parking in the 34th Street Garage) shall be provided to the City each quarter, and the City shall have the right to audit such reports. City Parking Administration officials shall be permitted to conduct random inspection visits to monitor the public parking activities in the 34th Street Garage. The City and/or VBDA shall have the right to place signs in and around the 34th Street Garage, and to distribute advertising material, informing the public of the public parking available in the 34`h Street Garage. Option to If, at any time during the Term of the First Amendment, Tenant or a related Terminate: entity either (1) acquires all of the property in "Block D" on Exhibit A, or (2) builds a garage in "Block D" on Exhibit A, then the VBDA shall have the right to terminate the First Amendment. Three-Star The VBDA shall have the right to terminate the First Amendment in the event Hotel: that the Hotel ever o erates at a standard below that of a Three-Star Hotel. Terms The business and legal concepts contained in this Term Sheet, as applicable, Applicable to will be incorporated by the Landlord and Tenant into (a) a First Amendment Parking Lease to that certain Parking Lease, which is attached as Attachment II to that certain and Agreement of Purchase and Sale, dated as of June 4, 2002, by and between the Development Landlord and the Tenant (referred to as the "OL Contract") and (b) an Agreement: amendment to the Develo went A Bement. Second Tenant has advised the City and the VBDA that an elevated walkway Walkway: connecting the Hotel to the City-owned portion of the 31St Street parking garage (the "Second Walkway") will be necessary if the Hotel is an expansion of the 31St Street Hilton. The parties agree that, upon approval of construction of the Second Walkway by the City following its usual and customary processes, Tenant would be solely responsible for the cost of the design, construction and maintenance of the Second Walkway. The parties further agree that upon its completion, the Second Walkway will be dedicated to the City for public use, which public use shall include, but not be limited to, the ability of the public to access the public right-of--way on the north side of 31St Street either through the Hotel or by direct connection to the public sidewalk. In addition to all other applicable approvals, City shall have the ri ht to a rove the desi n of the Second Walkway. Non-Binding: This Term Sheet is intended to reflect the shared understanding of the parties hereto. This Term Sheet is not intended to be a legally binding agreement, and all commitments outlined are subject to future appropriation and a provals by City Council and the Virginia Beach Develo ment Authorit . The parties hereto agree to the non-binding terms set forth in this Term Sheet. WITNE,3S the following signatures and seals: Tenant: By: Name: Title: Date: ,(SEAL) VBDA: VIRGINIA BEACH DEVELOPMENT AUTHORITY 3 By: ATTEST: ecretary City: ATTEST: ity er Chair /Assistant Chair Date: CITY OF VIRGINIA BEACH By: City Manager /Authorized Designee Date: APPROVED AS TO CONTENT: APPROVED AS TO FORM: 4 (SEAL) (SEAL) EXHIBIT B THREE-STAR HOTEL A Thre~~-Star Hotel is an excellent property -full-service, professionally managed, and professionally staffed. Very often beautifully appointed, it offers a truly excellent lodging experience. A r['hree-Star hotel includes the following: • Excellent housekeeping and maintenance • Spacious, attractive lobby • `Nell-designed area for check-in and check-out and 24-hour front desk; swift, efficient service • barge, comfortable guest rooms, with sitting area and adequate closet space; both lightproof and soundproof • ~~uites and luxury level accommodations available • F3right, attractive guest room decor, with some attention to detail (i.e. prints on v~all) • F;xcellent furnishings in good condition in guest rooms, with excellent carpet or flooring to complement decor • Table and chairs in guest rooms • Firm mattresses in excellent condition • Central air-conditioning and heating, thermostat in guest room • `Nell-maintained baths, with integrated decor • 1:;xcellent soaps and amenities in baths, plus a variety of excellent towels • Color television, radio and clock in guest rooms • ~- minimum of one phone in guest rooms • 1`lonsmoking guest rooms available • 1\7ore than one dining facility, often a fine restaurant • Room service • Swimming pool on premises or available nearby • R[ealth club or other fitness facilities on premises or available nearby • Recreational activities • Wake-up calls available • Several other special services and facilities, among them business services, meeting rooms and valet .M~~ ~ ~, + .. M,, •~ 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 Tailwind Development Group, L.L.C. MEETING DATE: June 22, 2010 ^ Background: The City of Virginia Beach (the "City") and Tailwind Development Group, L.L.C. ("Tailwind") are parties to an Agreement of Sale dated November 16, 2009, as amended by the First Amendment to Agreement of Sale dated March 1, 2010 (together, the "Purchase Agreement") relating to the proposed sale of a parcel of City-owned land located at the northwest corner of Princess Anne Road and South Independence Boulevard in Virginia Beach (GPIN: 1485-16-9065) (the "Property"). The purchase price payable by Tailwind under the Purchase Agreement for the Property is $350,000 per acre. The Property consists of approximately 4.25 acres. However, approximately 0.273 acres of the Property are to be retained by the City for public right-of-way making the useable area of the Property equal to 3.977 acres. ^ Considerations: Tailwind has requested that it the 3.977 acres of useable area of the Property price of the Property equal to $1,391,950. ^ Public Information: Advertisement of City Council Agenda. pay $350,000 per acre only for thereby making the purchase ^ Alternatives: Approve Tailwind's request and base the Purchase Price on 3.977 acres, or deny Tailwind's request and base the Purchase Price on 4.25 acres. ^ Recommendations: Approve Tailwind's request. ^ Attachments: Ordinance Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate~~ Q City Manage . t k, ~ 1 2 AN ORDINANCE AUTHORIZING THE CITY 3 MANAGER TO EXECUTE A SECOND AMENDMENT 4 TO THE PURCHASE AGREEMENT BETWEEN THE 5 CITY AND TAILWIND DEVELOPMENT GROUP, 6 L.L.C. s WHEREAS, the City of Virginia Beach (the "City") and Tailwind Development 9 Group, L.L.C. ("Tailwind") are parties to a certain Agreement of Sale dated November l 0 16, 2009, as amended by that certain First Amendment to Agreement of Sale dated 11 March 1, 2010 (together, the "Purchase Agreement") relating to that certain parcel of 12 land located apt the northwest corner of Princess Anne Road and S. Independence Blvd. 13 in Virginia Beech (GPIN: 1485-16-9065) (the "Property"). 14 15 WHERI.AS, the Purchase Price payable by Tailwind under the Purchase 16 Agreement for• the Property is (i) the greater of $350,000 per acre, or (ii) $1,487,500; 17 is WHERI.AS, the Property consists of approximately 4.25 acres; 19 20 WHERI.AS, approximately 0.273 acres of the Property are to be retained by the 21 City for public right-of--way; 22 23 WHERI.AS, a survey of the Property shows that the useable area of the Property 24 after right-of-way has been dedicated equals 3.977 acres; 25 26 WHEREAS, Tailwind has requested that it pay $350,000 per acre only for the 2 ~ 3.977 acres oi` usable area of the Property thereby making the Purchase Price equal to 2 s $1,391,950; and 29 3 o WHEREAS, the City Council is of the opinion that a Second Amendment to the 31 Purchase Agreement is in the best interests of the City of Virginia Beach. 32 33 NOW, i~HEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BE~-CH, VIRGINIA: 35 3 6 That thE: City Manager is hereby authorized to execute a Second Amendment to 3 ~ the Purchase l~greement basing the Purchase Price on the useable area of the Property 3 s at $350,000 pE:r acre thereby making the Purchase Price equal to $1,391,950, and such 39 other terms and conditions deemed necessary and sufficient by the City Manager and in 4 o a form deemed satisfactory by the City Attorney. 41 42 This ordinance shall be effective from the date of its adoption. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 4 5 of _, 2010. APPROVED AS TO CONTENT C - tf~> P bl' Works /Real Estate CA11423 \\vbgov.com\DFSI Wpplicatioac\CityLawProd\cycort32\Wpdocs\D012\P008\00055716.DOC R-1 6/15/2010 APPROVED AS TO LEGAL SUFFICIENCY ~~ .. ~S Ww City Attorney CITY COUNCIL ACTION TRANSMITTAL FORM PART I (FOR APPROVAUCONCURRENCE) June 15, 2010 1. Subject/Title~Name: An Ordinance Authorizing the City Manager to Execute a Second Amendment to the Purchase Agreement between the City and Tailwind Development Group, L.L.C. 2. Scheduled Council Date: June 22, 2010 3. Submitting Department/Agency: PW REAL ESTATE 4. Response Required 13y: ^ Urgent? (E;cplain why) (Based on Agenda Request Schedule) 5. COORDINATION/APPROVAL: Department Date PW Administration, Phillip A. Davenport 1 "~ ~~1 S~/ ~ City Attorney's Office, Erin Burnett 6. Action Requested: (~~heck off or fill in requested action) X Review/Approva I ^ Ordinance/Res~~lution Preparation ^ Other (explain) 7. Agenda Issue Manager:(Name/Dept/Phone) James C. Lawson, PW Real Estate 385-4161 PART II (FOR TRAN~~MITTAL TO THE CITY MANAGER) June 15, 2010 To: City Manager Forwarded for approval Submitted By: (Departrnent Head) 1'' ' Jason .Cosby, Direct Department of Public Works t ~,._+ .~ .~ ~~,~~f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to amend and reordain the APZ-1/Clear Zone Use and Acquisition Plan to include all development in the Clear Zone and to reflect the APZ-1/Clear Zone Master Plan designations MEETING DATE: June 22, 2010 ^ Background: On December 20, 2005, the City Council adopted the APZ-1 Use and Acquisition Plan as one of the components of its response to the Base Realignment and Closure Commission's decision regarding N.A.S. Oceana. On February 14, 2006, the City adopted an amendment to such plan that added to the purview of the plan the Clear Zones, as shown on the official AICUZ Map, and renamed such plan the APZ-1/Clear Zone Use and Acquisition Plan (the "Plan"). On January 23, 2007, the City adopted an amendment to the Plan that made eligible for acquisition developed duplex pr-operties and certain properties upon which the right to develop for residential use had vested. The Oceana Land Use Conformity Committee (the "OLUC Committee") was established by the City Council for the purpose, among others, of making recommendations to the City Council and the City of Virginia Beach Development Authority on matters relating to reducing the amount of pre-existing nonconforming development, as determined pursuant to Section 1804 of the City Zoning Ordinance, in APZ-1 and Clear Zones, in a manner consistent with the City Zoning Ordinance, the Plan, the Comprehensive Plan, the Final Hampton Roads Joint Land Use Study (JLUS) and with good zoning practices that do not adversely affect established residential neighborhoods. On April 1, 2008, the City Council adopted the APZ-1/Clear Zone Master Plan as an amendment to the Comprehensive Plan (the "APZ-1 Master Plan"), which established a land use plan to guide the conversion of nonconforming uses in APZ-1 and the Clear Zones to conforming uses. The Plan authorizes the acquisition of certain properties in APZ-1 and the Clear Zones based on qualifying criteria set forth in the Plan. The OLUC Committee has recommended that the Plan be amended to make eligible for acquisition the following three categories of properties: 1. All privately owned property in the Clear Zones, regardless of zoning; 2. The properties designated in the APZ-1 Master Plan as "Transitional" areas; and 3. The properties designated in the APZ-1 Master Plan as "Planned Transportation Improvements" areas. The said recommendation of the OLUC Committee is consistent with the City Zoning Ordinance, the APZ-1/Clear Zone Use and Acquisition Plan, the Comprehensive Plan, the Final Hampton Roads Joint Land Use Study (JLUS) and with good zoning practices that ~o not adversely affect established residential neighborhoods. ^ ConsidE:rations: The inclusion of these three categories of properties in the Plan will increase tF~e number of qualifying properties by approximately 148 lots, which will improve the City's ability to convert nonconforming uses to conforming uses in furtherance of rolling back encroachment around N.A.S. Oceana. ^ Public Information: Advertisement of City Council Agenda. City Council briefing on June 8, 2010 in televised informal session. Briefing in public session of the Oceana Land Use Conformity Committee on April 12, 2010. ^ Alternai:ives: Deny inclusion of these properties into the program. ^ Recommendations: Approval ^ Attachments: Ordinance Amended APZ-1/Clear Zone Use & Acquisition Plan Recommended Action: Approval Submitting Department/Agency: City Manager ~S. ~i~"` City Manager~~ ~ ~ ~~ 1 AN ORDINANCE TO AMEND AND REORDAIN THE APZ- 2 1/CLEAR ZONE USE AND ACQUISITION PLAN TO 3 INCLUDE ALL DEVELOPMENT IN THE CLEAR ZONE AND 4 TO REFLECT THE APZ-1/CLEAR ZONE MASTER PLAN 5 DESIGNATIONS 6 7 WHEREAS, on December 20, 2005, the City Council adopted the APZ-1 Use 8 and Acquisition Plan, dated December 14, 2005, as one of the components of its 9 response to the Base Realignment and Closure Commission's decision regarding 10 N.A.S.Oceana; 11 12 WHEREAS, on February 14, 2006, the City adopted an amendment to the Plan 13 that added to the purview of the Plan the Clear Zones, as shown on the official AICUZ 14 Map, and renamed such plan the APZ-1/Clear Zone Use and Acquisition Plan (the 15 "Plan"); 16 17 WHEREAS, on January 23, 2007, the City adopted an amendment to such Plan 18 that made eligible for acquisition developed duplex properties and certain properties 19 upon which the right to develop for residential use had vested; 20 21 WHEREAS, on April 1, 2008, the City Council adopted the APZ-1/Clear Zone 22 Master Plan, as an amendment to the City's Comprehensive Plan (the "APZ-1 Master 23 Plan"), which identified a land use plan to guide the conversion of nonconforming uses 24 in APZ-1 and the Clear Zones to conforming uses; 25 26 WHEREAS, the Oceana Land Use Conformity Committee (the "Committee") was 27 established by the City Council for the purpose, among others, of making 28 recommendations to the City Council and the City of Virginia Beach Development 29 Authority on matters relating to reducing the amount of pre-existing nonconforming 30 development, as determined pursuant to Section 1804 of the City Zoning Ordinance 31 (the "CZO"), in APZ-1 and Clear Zones, in a manner consistent with the City Zoning 32 Ordinance, the APZ-1/Clear Zone Use and Acquisition Plan, the Comprehensive Plan, 33 the Final Hampton Roads Joint Land Use Study (JLUS) and with good zoning practices 34 that do not adversely affect established residential neighborhoods; 35 36 WHEREAS, recognizing that no structures are compatible in the Clear Zone, the 37 Committee has recommended that all privately owned property in the Clear Zones 38 qualify for acquisition under the Plan, regardless of zoning or existing use; 39 40 WHEREAS, the Committee has recommended that properties identified in the 41 APZ-1 Master Plan as being located in the "Transitional" areas and the "Planned 42 Transportation Improvements" areas, be added to the properties that are eligible for 43 acquisition under the Plan; and 44 45 WHEREAS, the City Council is of the opinion that the said recommendations of 46 the Committee are consistent with the City Zoning Ordinance, the APZ-1/Clear Zone 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Use and Acquisition Plan, the Comprehensive Plan, the Final Hampton Roads Joint Land Use Stuciy (JLUS) and with good zoning practices that do not adversely affect established re:~idential neighborhoods; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BED\CH, VIRGINIA: That th~~ APZ-1/Clear Zone Use and Acquisition Plan dated February 14, 2006, as amended January 23, 2007, hereby is amended and reordained to include: (1) all I~rivately owned property in the Clear Zones, regardless of zoning or use; and (2) all properties identified in the APZ-1 Master Plan as being located in the "Transitional" ~~reas and "Planned Transportation Improvements" areas, by the addition of the underlined portions and the deletion of the stricken portions shown on that certain document entitled, "Amended APZ-1/Clear Zone Use and Acquisition Plan," dated January 23, 2(107, such document being attached hereto and made a part hereof. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2010. CA11416 R-1 \\vbgov. com\dfs 1 \appl ications\citylawprod\cycom 32\wpdocs\d023\p007\00053313.doc 6/11 /2010 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~. City Manager'; Office City Attorney's O ice ~, ~ ~•~~ ,. ~ ~~ _~-- ,~ CITY OF VIRGINIA BEACH ,'~a .~ ~i 9~8 OF OUR NAS~~~ ~.,„...,r„ ~~ ~nn~Juile 22, 2010 AMENDED APZ-1/CLEAR ZONE USE AND ACQUISITION PLAN Overview The APZ-1 Ordinance (adopted December 20, 2005 and revised to include Clear Zones) amended the City Zoning Ordinance to prohibit all uses in APZ-1 and Clear Zones that are incompatible with OPNAV Instruction 11010.36B (December 19, 2002) (the "OPNAV Instruction"). The APZ-1 Ordinance renders existing uses non-conforming but not incompatible, and requires all new development or redevelopment to be consistent with the OPNAV Instruction. As an exception, the Ordinance allows incompatible uses or structures as a replacement of the same use or structure if the replacement use or structure is of equal or lesser density or intensity than the original use or structure. Where application of the APZ-1 Ordinance leaves property without a reasonable use, this APZ-1/Clear Zone Use and Acquisition Plan is intended to direct reuse, rezoning, or purchase of those properties. The Plan The Use and Acquisition Plan is illustrated in the following chart entitled "APZ-1/Clear Zone Use and Acquisition Plan." 1 APZ-1/Clear Zone Use and Acquisition Plan Tools Develop with Rezone or grant Voluntary acquisition Eminent domain comp~itible use conditional use permit Property Type ("CUP") for compatible use ONRESIDENTIAL Developed Owner's choice. Owner's choice. Owner Yes. Owner has No. Owner has Already developed can initiate application for development options development options for use is ' `not new compatible use. City for reasonable use, so compatible and incomi~atible" and can will not initiate rezoning City need not reasonable use. City remain, or owner can because owner has acquire. But if need not acquire. redevelop with a existing use and other initiated by owner, different compatible allowable, compatible City may acquire to use. reasonable uses. "roll back" development. Undeveloped Yes. Owner can Yes. Owner can initiate No. Generally, owner No. Owner has initiate; development application for has development development options for to a compatible use. compatible use. City options for reasonable compatible and Every nonresidential need not initiate rezoning use, and City need not reasonable use. City zoning category because owner may seek acquire. need not acquire. allows some approval for some But if property is left compatible & compatible & reasonable with no reasonable reasonable use. use. use, City will acquire. RESIDENTIAL Developed Not applicable because the property Yes. On case-by-case No. Existing use is ' " No. Existing use is "not " (includes vested, is alre~-dy developed. basis. Owner can initiate not incompatible; incompatible, thus City but undeveloped, Existing uses are "not rezoning. thus City need not need not acquire. properties) incom»atible" so no acquire. action is needed. Except, if initiated by owner, City will acquire Qualifying Duplex Properties, tear-down duplexes and vested properties Undeveloped No. There is no Yes. On case-by-case Yes. But only if Yes. If voluntary compatible use basis; depends on size, unsuitable for acquisition is not possible without rezoning/ location and intended use rezoning/CUP and and property cannot be CUP. of parcel. Either owner only if APZ-1 rezoned, there is no or City can initiate Ordinance leaves reasonable use for the property. Eminent domain rezoning. property without a is appropriate to reasonable use. compensate owner for loss of all use. How each category of property will be affected: The following is a description of how each category of property will be treated under the Plan. NONRESIDENTIAL/COMMERCIAL -DEVELOPED • Retain Existing Use or Develop Consistent with the OPNAV Instruction Developed Nonresidential/Commercial property within APZ-1 and Clear Zones would have some reasonable use under the new zoning rules. Owners of such property could retain their existing use, and they would also have other allowable compatible uses. Therefore, the owners of such property could keep their existing use or redevelop the property in any manner consistent with the OPNAV Instruction and the APZ-1 Ordinance, as amended. Such development might require a rezoning or conditional use permit, which would be evaluated on a case-by-case basis. Voluntary Acquisition Available The City would be willing to purchase Developed Nonresidential/ Commercial property within APZ-1 and Clear Zones that are adversely affected by the APZ-1 Ordinance. Only voluntary sales would be permitted. Eminent domain would not be available for such acquisitions. NONRESIDENTIAL/COMMERCIAL -UNDEVELOPED • Develop Consistent with the OPNAV Instruction Most undeveloped Nonresidential/Commercial property within APZ-1 and Clear Zones would have some reasonable use under the APZ-1 Ordinance. Therefore, the owners of such property could develop the property in any manner consistent with the OPNAV Instruction and the new APZ-1 Ordinance, as amended. Such development might require a rezoning or conditional use permit, which would be individually evaluated on the merits of each case. • Voluntary Acquisition Generally Unavailable Because most such properties will be left with some reasonable use, the City will not acquire them. If a property is deprived of all reasonable use, then the City will acquire it. :RESIDENTIAL -DEVELOPED • Existing Dwellings Will Remain Residential developed property would be considered to be a preexisting use and ~~vould be allowed to remain. Under the APZ-1 Ordinance, as amended, the property nay be replaced, repaired, reconstructed, or otherwise improved, so long as the density is not increased. • Redevelopment to Compatible Use, Case-By-Case If the owner of residential developed property wanted to rezone the property or :;eek a conditional use permit to a traditionally compatible use such as industrial, such redirected uses would be welcomed, so long as the fit was right with the neighborhood. These redevelopments would behandled on acase-by-case basis and would be initiated by the owner. • Dwellings Will Not Be Acquired Eminent domain would not be available for developed residential properties under any circumstances. Dwellings generally will not be acquired by voluntary Iurchase; however, voluntary acquisition will be available in the limited circumstances of the following types of properties: 1) "Qualifying Duplex Properties" as that term is defined on Page 6; 2) Properties that were vested for new development or redevelopment on December 20, 2005, may be acquired by voluntary purchase or, at the owner's request, by eminent domain; 3) Developed duplex properties. The Developed Duplex Acquisition Program is set forth in more detail on Page 7:i 4) Privately owned properties located in the Clear Zone regardless of zoning or existin use; 5) Properties located in the areas depicted as "Transitional'" areas in the ~~PZ-1 Master Plan, to the extent those properties are not already developed with a u se deemed compatible in the ap,~licable table in Section 1804 (b) of the City Zoning Ordinance; and Properties located in the areas depicted as ``Transportation'" areas in the APZ-] Master Plan as defined on Page 9 to the extent those properties are not already developed with a use deemed compatible in the applicable table in Section 1804 (b) of the City Zoning Ordinance. P:ESIDENTIAL -UNDEVELOPED 4 • Rezone/Conditional Use Permit (CUP), If Appropriate After the APZ-1 Ordinance went into effect, some undeveloped residential properties -k~were left with no reasonable compatible use. Such property could be rezoned or issued a conditional use permit on a case-by-case basis, but certain properties might not be suitable for any nonresidential use. The City would first evaluate whether a rezoning or conditional use permit would be appropriate. • Acquire By Agreement or Condemnation If there are no suitable nonresidential uses, the City would acquire the property because the owner would be left without any reasonable use of its property. Either voluntary purchase or eminent domain would be available. If the City were unable to reach an agreement as to value with the owner, the City could condemn the properly. QUALIFYING DUPLEX PROPERTIES • Voluntary Acquisition Available The City would be willing to purchase "Qualifying Duplex Properties" within APZ-1 and Clear Zones, as defined and described on Page 6. Eminent domain would not be available for such acquisitions. Acquisition Rules. Voluntary Acquisitions. Affected Property: Property located wholly or partially within APZ-1 and/or Clear Zones that is (a) undeveloped property which is currently zoned for residential use; iam(b) developed and residentially zoned falling within any of the five (5) types of properties identified on Pa Ted 4; or (bc) developed commercial property. For the Voluntary Purchase Program for Qualifying Duplex Properties in APZ-1 and Clear Zones, see Page 6. Owner-initiated sales only for nonresidential or tena~it-nccu~ied residential property. Developed commercial property and tenant-occupied residential property will be acquired only if the owner of the property initiates the sale. Fee Simple or Development Rights/Easements To Be Acquired._ The City might acquire either fee simple title, restrictive easements or development rights. In <;ertain cases (for example large lots) the City might want to acquire the land in fee so that the property could be acquired and put to some compatible use. In other cases (for example small infill lots in residential neighborhoods where the owner owns an ~idjacent, developed lot) the City might want to acquire only development rights. The (~ity may add as a condition to its acquisition of only the development rights that the adjacent owner must resubdivide the property to remove lot lines and create one larger lot. In other words, the City would avoid buying in fee small lots in neighborhoods where it is possible to pay only for the development rights and have the adjacent c-wner fold the property into his existing use. The object is to avoid City-owned vacant lots that would be difficult to maintain and could adversely affect the neighborhood. The goal would be for the City and the owner to work together to find «solution that compensates the owner and makes the most sense in the context of the neighborhood. City to Pay Market Value Without Regard to APZ-I Ordinance for indeveloped Residential Land. Owners of vacant residential property (undeveloped residential land) will be paid market value based on sales of similar properties that are not within APZ-1 and Clear Zones, so there is no "blight" on the value of their ~~roperty. The property will be valued as if the APZ-1 Ordinance's prohibition against new residential development does not apply. City to Pay Market Value for Commercial Properties. Owners who sell their commercial property to the City will be paid based on fair market value, with consideration given for the limitations and provisions of the APZ-1 Ordinance and the AICUZ Overlay Ordinance. ioluntary Purchase Program for Qualifying Duplex Properties in APZ-1 and Clear Zones 1. Application. This program applies only to properties that meet the following criteria ("Qualifying Duplex Properties"): a. Located in APZ-1 and/or Clear Zone; b. Currently improved with asingle-family home; and c. Duplex use was legally and physically possible before the adoption of the APZ-1 Ordinance (zoning district allowed "by-right" duplex development; physical features made duplex use a reasonable option; and there were no title restrictions preventing duplex use). 2. Voluntary Purchase Program. a. Fee Simple/Total Purchase only. The City will purchase, by voluntary agreement, the lot and all improvements from the owner. 6 b. Valuation. As compensation, the City will pay the market value of the property and improvements at their highest and best use at the time of sale (i.e., higher of value as single-family residence or duplex) as if the APZ-1 Ordinance's prohibition against new residential development does not apply. c. Appraisal. The City will pay for an appraisal of the property, after the City and the owner have agreed on an appraiser. 3. City's Options after Purchase. After purchase of a Qualifying Duplex Property, the City shall rezone the property or otherwise eliminate the potential for duplex development, and do any of the following to be determined on a case-by-case basis: a. Sell the house and lot to a third party as excess property for continued use as asingle-family home; b. Lease the house and property to a third party for residential use; c. Demolish the improvements and sell the lot to adjacent landowners; or d. Rezone the property, if appropriate, to a nonresidential zoning classification and sell or lease the property for new development compatible with the OPNAV Instruction. If the City decides to proceed under part 3a or 3b above, it is the City's intent to cause noise attenuation measures to be performed on the single-family home, prior to occupancy. Involuntary Acquisitions/Eminentbomain Affected Property. Eminent domain will only be used to acquire undeveloped property zoned for residential use, only if the property has no other reasonable use and only after efforts to voluntarily purchase the property have failed. State legislation needed. State enabling legislation will be needed before condemnation can be used. The City has requested state legislation that gives the City the power to condemn, and condemnation will only be allowed for the following circumstances: • Only for undeveloped property zoned for residential use. • Only where property is deprived of all reasonable use. • Only where development rights have not vested. • Only for property wholly or partially within APZ-1 and Clear Zones. • Only after all efforts to reach a voluntary sale have been unsuccessful. • Only so long as acquisition is needed to protect NAS Oceana as a Master Jet Base. 7 Rights to be Acquired_ Either development rights or fee simple rights would be acquired, depending on the particular circumstances of each property. Where the owner owns developed adjacent property, acquiring development rights only will be favored. City to Pay Full Fair Market Value. Where eminent domain of vacant residential land is authorized, Owners will be paid fair market value based on sales of similar properties that are not within APZ-1 or Clear Zones. The property will be valued as if the APZ-1 Ordinance does not apply. Developed Dupi'ex Acquisition Program Recognising the City's goals of reducing density in APZ-1 while maintaining the quality of the neighborhoods, the City Manager is authorized to acquire existing duplexes in APZ-1 for the purpose of removing the structures. The Cit~r Manager should evaluate the condition of the duplex and should prioritize acquisition of duplexes based on their relative age and condition and whether noise attenuation measures have b een incorporated into the structure. Preference should be given to duplexes that are in the poorest condition and that have not had noise attenuation improvements. After accuisition of a duplex under this Program, the City g°-- ~~may elect to do any of the following: 1. Remove the structure, restrict the site to development of asingle-family home, and s~;ll to a third-party for new construction of one dwelling unit; 2. Remove the structure, restrict any new dwelling units from being constructed and sell tt~e site to adjacent landowner(s) who must resubdivide their lot(s) to include the vacant site; 3. Remove the structure and assemble the property for nonresidential, conforming uses, but only if (a) the property is in a neighborhood that is trending toward non- rc;sidential uses and (b) there will be no adverse impact on the surrounding properties; 4. Remove the structure and use the property for public use or hold the property for firture public use. The Acq~zisition Rules set forth on Page 5 shall apply to these sites the same as they do to any voluntary acquisitions under this APZ-1/Clear Zone Use and Acquisition Plan. Voluntary Acquisition of Properties Vested Development The City Manager is authorized to acquire properties in APZ-1 where the Planning Director and the City Attorney have determined that the owner of the property had vested rights in developing the property with a residential use before the City adopted the APZ-1 Ordinance on December 20, 2005. Only properties that have not yet been developed with new structures are eligible for acquisition, unless the owner/developer has not yet sold or contracted to sell developed dwellings to individual owners. The Acquisition Rules set forth on Page 5 shall apply to these sites in the same manner as t13e3~~to any voluntary acquisitions under this APZ-1/Clear Zone Use and Acquisition Plan. Acquisition of Clear Zone Properties The Cit~Mana~er is authorized to acquire by voluntary agreement properties located fully or partially within any of the Clear Zones for the purpose of removing structures. It is the City" s goal to remove from the Clear Zone all private development. The City Manager should evaluate each property and may acquire anv such properties he deems meet the purposes of this Plan and where the property owner and the City mutually agree on the terms of sale. Acg//isition of Properties Identified in tl:e APZ-1/Clear Zone Master Plan as Transitional or Planned Transportation Improvements On April 1, ?008, the City Council adopted the APZ-1/Clear Zone Master Plan. ("APZ-l Master Plan"") as an amendment to the City's Comprehensive Plan. The City's ?009 Comprehensive Plan Amendment adopted the APZ-1 Master Plan by reference. Tia /1 SI t101 t a I .Areas. The APZ-1 Master Plan also identifies areas as "Transitional." Such areas are residential and undeveloped areas that are adjacent to major arterials, planned transportation improvements, or surrounded by existing non-residential uses. The City Mana eg r is authorized to acquire properties within or partially within those areas described as "Transitional" in the APZ-1 Master Plan for the purpose of assembling land for conversion to conforming After acquisition, the City may elect to do one or more of the following with the Transitional properties deternlined on a case-by-case basis: 1. Demolish the improvements; 2. Rezone the property to a nonresidential zoning classification and sell or ].ease the property for new development in conformance with Article 18 of the City's Zoning Ordinance (Special Regulations for Air Installation Compatible Use Zones)• or 3. Use the propert f~public purpose; 4. Sell the lot to adiacent landowners after restrictive it to comvatible uses. 9 Planned Trafisportatia~t Improvements. The APZ-1 Master Plan identities areas of "Planned Transportation Improvements" to allo~~~ those implementing this APZ-1/Clear Zone Use and Acquisition Plan to consider lanned public projects when evaluating the voluntary purchase and re-use of land. To the extent that properties identified in these Planned Transportation Improvements areas designated in the APZ-1 Master Plan do not alread~qualifv for acquisition in other segments of this P:.an, the City Manager is herebYauthorized to acquire, by vohmtar~acquisition, the rp operti<;s located within or partially within the areas identified as "Planned Transportation hmprovements." Nothing herein shall he deemed to waive or alter any statutory powers or methods the City may otherwise have to acquire private property for public uses. After acquisition, the City may elect to do any of the following 1. Remove the structure(s), if any, and hold for future public use; 2. Lease the property and structure for any conforming interim use; 3. Sell the property for a confonnin~ use, reseivina to the City any property or easements needed for planned public uses; The City Manager should evaluate each property and may acquire anYsuch properties he deems meet the purposes of this Plan and where the property owner and the City mutually agree on the terms of sale;. The Acquisition rules set forth on Page 5 shall apply to these sites in the same as to any vol.untary acqui;;itions under this APZ-1%Clear Zone Use and Acquisition Plan. Plan is Flexible The preceding guidelines shall be followed in implementing the APZ-1 /Clear Zone Use and Acquisition Plait, except where circumstances dictate other options particular to a specific property. In such cases, tl~e City will consider other options only when (i) the proposed option is consistent with the intent to stop development incompatible with the OPNAV Instruction; (ii) the proposed option "rolls back" existing non-conforming uses by eliminating the use or reducing the density or intensity of the rise; or (iii) no other reasonable, compatible use for the property is allowed; provided, that the option, in the judgment of City Council, does not have an unduly adverse impact on adjacent properties. Other possible options: The Cit;~ Manager is directed to continue the consideration and development of other methods of converting uses in APZ-1 and Clear Zones that do not conform to the OPNAV Instruction to uses compatible with the OPNAV Instruction. Such other options shall have the effect of accomplishing the intent of the APZ-1 Ordinance and the APZ-1/Clear Zone Use and Acquisition 10 Plan and reducing uses not conforming with the OPNAV Instruction within APZ-1 and Clear Zones whenever reasonable and feasible. Options considered shall include, but not be limited to, assemblage of property for redevelopment, the use of Economic Development Incentive Program funds and the use of zoning and land use incentives. Implementation instructions: I. Notification This Plan is effective as of December 20, 2005. This Plan amendment to include Clear Zones is effective upon adoption. Thereafter, the City staff shall, within sixty (60) days, identify all property within Clear Zones and notify the property owners by certified letter of the APZ-1 Ordinance, the classifications ofpropertyundertheAPZ-1 /Cleaz Zone Use and Acquisition Plan, and provide the owners with a copy of the APZ-1/Clear Zone Use and Acquisition Plan. II. Purchase Beginning January 1, 2006, property owners desiring to sell their property consistent with the provisions of the APZ-1/Clear Zone Use and Acquisition Plan shall notify the City Manager or his desi knee by letter. Letters received shall be date-stamped and priority of purchase shall be by date received, earliest to latest, except that (1) properties left without a reasonable use shall be given first priority; and (2) City Council may elevate the priority of property owners who suffer a demonstrated hardship if an expedited sale would ameliorate such hardship. Purchases of eligible property shall be made in such order, upon approval of the City Council, to the extent that funds are available each fiscal year. Annual Report The City Manager shall report annually to the City Council on the status of all uses not conforming with the OPNAV Instruction within APZ-1 and Clear Zones. The format of the report shall include an inventory of property within each classification under the APZ-1 /Clear Zone Use and Acquisition Plan. Funding The City Manager is directed each fiscal year to include in the City's annual budget funds for the purpose of acquiring properties within APZ-1 and Clear Zones designated for acquisition under the APZ-1/Clear Zone Use and Acquisition Plan in the amount of Fifteen Million Dollars ($15,000,000.00) or such greater amount as circumstances may warrant. Any proceeds the City receives from selling or leasing properties acquired under this APZ-1/Clear Zone Use and Acquisition Plan shall be deposited into the APZ-1 /Clear Zone acquisition fund. If in any fiscal yeaz there remains an amount available after the purchase of properties within APZ-1 and Clear Zones, such funds shall be used to purchase properties to be acquired in .the Interfacility Traffic Area for 11 purposes other than the Southeastern Parkway and Greenbelt Project. Plan Administration The City Manager may promulgate rules, regulations and policies consistent with the APZ-1 /Clear Zone Use and ~~cquisition Plan to further the efficient implementation and administration of this Plan. V:\apptications\citylawprodkyc ~m32\ Wpdocs\DOl2\P002\00026352.DOC 12 ~~~ s 4~'`~ ~~ .4. M~f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $171,654 (Property of Barry D. Knight and Paula W. Knight) MEETING DATE: June 22, 2010 ^ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon twelve (12) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City ~ s interests, and other standard contingencies. ^ Considerations: The subject property consists of one (1) parcel of land having approximately 38.43 acres outside of marshland or swampland. It is owned by Barry D. Knight and Paula W. Knight. Under current development regulations, there is a total development potential of three (3) single-family dwelling building sites, one (1) of which will be reserved for future development as a 3 acre building site. Property owners are no longer required to designate the location of the areas reserved for future building sites, but are required to subdivide such sites prior to building on them. The parcel, which is shown on the attached Location Map, is located in the 5000 Block of Blackwater Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $171,654. This price is the equivalent of approximately $4,467 per acre. 2 The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.880% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.880% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to tl~e Installment Purchase Agreement, including the purchase price and manner of pa~rment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ^ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ^ Alternatives: The City Council may decline to purchase the development rights to the property. ^ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ^ Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney s Office); area map showing location of pro~~erty. Recommended) Action: Adoption Submitting Del~artment/Agency: Agriculture Department ~~f --- City Manager S k • ~~ 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $171,654 (Barry D. Knight and Paula W. Knight) 6 7 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 8 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 9 presented to the City Council a request for approval of an Installment Purchase Agreement 10 (the form and standard provisions of which have been previously approved by the City 11 Council, a summary of the material terms of which is hereto attached, and a true copy of 12 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 13 (as defined in the Installment Purchase Agreement) on certain property located in the City 14 and more fully described in Exhibit B of the Installment Purchase Agreement for a 15 purchase price of $171,654; and 16 17 WHEREAS, the aforesaid Development Rights shall be acquired through the 18 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 19 compliance with, the requirements of the Ordinance; and 20 21 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 22 purchase as evidenced by the Installment Purchase Agreement; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. The City Council hereby determines and finds that the proposed terms and 28 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 29 Agreement, including the purchase price and manner of payment, are fair and reasonable 30 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 31 is hereby authorized to approve, upon or before the execution and delivery of the 32 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 33 balance of the purchase price set forth hereinabove as the greater of 3.880% per annum or 34 the per annum rate which is equal to the yield on United States Treasury STRIPS 35 purchased by the City to fund such unpaid principal balance; provided, however, that such 36 rate of interest shall not exceed 6.880% unless the approval of the City Council by 37 resolution duly adopted is first obtained. 38 39 2. The City Council hereby further determines that funding is available for the 40 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 41 the terms and conditions set forth therein. 42 43 3. The City Council hereby expressly approves the Installment Purchase 44 Agreement and, subject to the determination of the City Attorney that there are no defects 45 in title to the property or other restrictions or encumbrances thereon which may, in the 46 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 47 Manager or his designee to execute and deliver the Installment Purchase Agreement in 48 substantially the same form and substance as approved hereby with such minor 49 modifications, insertions, completions or omissions which do not materially alter the 50 purchase pricE: or manner of payment, as the City Manager or his designee shall approve. 51 The City Council further directs the City Clerk to afFx the seal of the City to, and attest 52 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 53 incurrence of the indebtedness represented by the issuance and delivery of the Installment 54 Purchase Agreement. 55 56 4. "fhe City Council hereby elects to issue the indebtedness under the Charter 57 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 58 the indebtedrness a contractual obligation bearing the full faith and credit of the City. 59 60 Adoption requires an affirmative vote of a majority of all members of the City 61 Council. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 64 , 2010. CA11432 1\vbpov.com\DFS1 Wpplicatic~nslCityLawProdlcycom321Wpdocs\p010\P007\00059043.DOC R-1 DATE: June 10, 2010 APPROVED ~-S TO CONTENT: 1~ `-_' J_ Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: W City Attorney's ffice CERTIFIED A.5 TO AVAILABILITY OF FUNDS: Director of rn.ance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2010-107 SUMMARY OF MATERIAL TERMS SELLER: KNIGHT, Barry D. & Paula W. PROPERTY LOCATION: 5000 block of Blackwater Road, Princess Anne District PURCHASE PRICE: $171,654 EASEMENT AREA: 38.43 acres, more or less DEVELOPMENT POTENTLAI,: 3single-family dwelling sites (2 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.880% (actual rate to be determined when STRIPS aze purchased prior to execution of IPA). Rate may not exceed 6.880% without approval of City Council. TERMS: Interest only twice per yeaz for 25 yeazs, with payment of principal due 25 yeazs from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) yeaz following execution and delivery of IPA. N ~ ~ O O p/ P~ ~' ~ ~ `~ c~ ~ a ~, ~ ~ M ~ M _~ I ~, ,F .' t." ~t ~.~YN ~` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Acceptance of Four (4) Permanent Drainage Easements, by Dedication, for the Drainage Maintenance in the Subdivisions of Lakeview Park and Bradford Park. MEETING DATE: June 22, 2010 ^ Background: The City of Virginia Beach (the "City") maintains a drainage system throughout the City for the purpose of managing the City's stormwater and other drainage needs. As part of its drainage system, the City maintains existing drainage facilities (the "Drainage Facilities"), in the Lakeview Park and Bradford Park subdivisions in some instances, the City does not have formal easements establishing the authority to maintain the easements. Bruce W. and Joyce M. Pettet; Bonnie A. Patton; Reynold W. and Bertha J. Williams; and Martha Elizabeth Andrews and James Reuben Sawyer, the owners of four (4) properties in the Lakeview Park and Bradford Park subdivisions, have approached the City and offered to dedicate easements across their properties for the purpose of ensuring the City's continued ability to maintain the Drainage Facilities (collectively the "Easements"). ^ Considerations: The Easements will be established at no cost to the City and will ensure the City's ability to continue to maintain the Drainage Facilities. ^ Public Information: Advertisement of City Council Agenda ^ Recommendations: Authorize the City Manager to accept the dedication of the Easements ^ Attachments: Ordinance, Location Map, Plats Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/ Operations f~-~ City Manager: ~~S ~ + ~, 1~' ~`+-' 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF THE DEDICATION OF 3 FOUR (4) PERMANENT DRAINAGE 4 EASEMENTS LOCATED IN THE 5 SUBDIVISIONS OF LAKEVIEW PARK AND 6 BRADFORD PARK 7 8 WHEREAS, the City of Virginia Beach (the "City") maintains a drainage 9 system throughout the City for the purpose of managing the City's stormwater 10 and other drainage needs; 11 12 WHEREAS, as part of its drainage system, the City maintains existing 13 drainage facilities (the "Drainage Facilities"), in the Lakeview Park and Bradford 14 Park subdi~~isions in some instances, the City does not have formal easements 15 establishinc~~ the authority to maintain the easements; 16 17 WHEREAS, Bruce W. and Joyce M. Pettet; Bonnie A. Patton; Reynold W. 18 and Bertha J. Williams; and Martha Elizabeth Andrews and James Reuben 19 Sawyer, thE; owners of four (4) properties in the Lakeview Park and Bradford 20 Park subdivisions, have approached the City and offered to dedicate easements 21 across their properties for the purpose of ensuring the City's continued ability to 22 maintain thE; Drainage Facilities (collectively the "Easements"); 23 24 WHEREAS, the location of the proposed Easements are shown on the 25 location map attached hereto and incorporated herein as Exhibit A; and 26 27 WHEREAS, acceptance of the dedication of the Easements would further 28 the City's operation and maintenance of the Drainage Facilities. 29 30 NOV1/, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 1. That the City Council authorizes the acceptance of the dedication of 34 the Easements as shown on Exhibit A, which Exhibit is attached hereto and 35 made a part hereof. 36 37 2. That the City Manager, or his designee, is authorized to execute all 38 documents that may be necessary or appropriate in connection with accepting 39 the dedication of the Easements, so long as such documents contain such terms 40 and conditi~~ns deemed necessary and sufficient by the City Manager and in a 41 form deemE;d satisfactory by the City Attorney. 42 43 AdoF>ted by the Council of the City of Virginia Beach, Virginia, on the 44 day of , 2010. 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CITY OF VIRGINIA BEACH AGENDA ITEM Item: Ordinance to Award a Lease of Property at 1900 Sandbridge Road (Red Mill Farm Park Site) for a Communications Tower (New Cingular PCS, LLC) Meeting Date: June 22, 2010 ^ Background: On May 11, 2010, the City Council adopted an ordinance seeking bids for the lease of a small portion of Red Mill Farm Park at 1900 Sandbridge Road for a communications tower, equipment building and access to the site. One bid, from New Cingular Wireless PCD, LLC (AT&T) was received. The bid offered base rent of $13,200/yr., with additional rent of $5,400/yr. for each co-locator, and annual increases of 3%. ^ Considerations: The proposed lease contemplates the removal of one of the light poles at the park and its replacement by a 144' high "slick stick" tower on which the lessee would affix its facilities. The lessee would also replace the City's light fixtures on the tower. The lessee will be required to obtain a conditional use permit authorizing the communications tower, and if the use permit is denied, the lease will be void and of no effect. Future rents received pursuant to the aforesaid lease shall be dedicated to a Parks and Recreation account for park general maintenance and repair. ^ Public Information: The public hearing required for the granting of the lease has been advertised in accordance with applicable legal requirements. There has been considerable public outreach to the neighboring properties by the Department of Parks and Recreation and no substantial objection has been made to date. In addition, before the tower may be constructed, there will be required public hearings before the Planning Commission and the City Council on the conditional use permit application. ^ Alternatives: While the City may decline to enter into the lease, 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. It will also serve as an additional source of revenue, a reasonable estimate of which is well in excess of $200,000 over the course of the initial 10-year term of the lease. ^ Recommendations: Adoption of ordinance. ^ Attachments: Ordinance, summary of material terms Recommended Action: Adoption of Ordinance Submitting Department/Agency: Department of Parks & Recreatio City Manag S k ~ ~ 1 AN ORDINANCE TO AWARD A LEASE OF A PORTION OF 2 THE CITY PROPERTY LOCATED AT 1900 SANDBRIDGE 3 ROAD (RED MILL FARMS PARK), FOR THE PURPOSE OF 4 CONSTRUCTING, MAINTAINING AND OPERATING 5 WIRELESS TELECOMMUNICATIONS FACILITIES 6 7 WHEREAS, the Clerk has laid before the City Council an ordinance adopted May 8 11, 2010 providing for bids for a lease of a portion of the City property located at 1900 9 Sandbridge Road for the purpose of constructing, maintaining and operating wireless 10 telecommunications facilities, together with a certificate of due publication of the same 11 once per week for two successive weeks in a newspaper of general circulation in the City, 12 in the manner prescribed by law; and 13 14 WHEREAS, New Cingular Wireless PCS, LLC has submitted the highest bid for the 15 award of such lease, which bid was delivered to the Mayor in open session on the day and 16 hour named in the advertisement and was read aloud; and 17 18 WHEREAS, the Mayor then and there inquired for any further bids, and none were 19 submitted; and 20 21 WHEREAS, in the opinion of the City Council, it is expedient and in the best 22 interests of the City that the said lease should be granted to New Cingular Wireless PCS, 23 LLC ; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. That the bid of New Cingular Wireless PCS, LLC be, and hereby is, accepted, 29 and that the aforesaid lease be, and hereby is, awarded to New Cingular Wireless PCS, 30 LLC upon the conditions set forth in such lease. 31 32 2. That the name of New Cingular Wireless PCS, LLC shall be inserted in the 33 aforesaid lease, and that the City Manager shall execute, on behalf of the City, the 34 aforesaid lease entitled "Communication Tower Lease Agreement (Red Mill Farm Park 35 Site), City of Virginia Beach, Lessor and New Cingular Wireless PCS, LLC," a summary of 36 the material terms of which is hereto attached and a copy of which is on file in the Office of 37 the City Attorney. 38 39 3. That all future rents received pursuant to the aforesaid lease shall be 40 dedicated to a Parks and Recreation account for park general maintenance and repair. 41 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 44 , 2010. APPROVED AS TO CONTENT P s an ion Department APPROVED AS TO CONTENT: ~.ii~~ Management ~~ervices Department CA-11535 R-1 June 8, 2010 APPROVED AS TO LEGAL SUFFICIENCY: City ttorney's Office 2 Red Mil Farm Park Communications Tower Lease Summary of Material Terms Parties: City of Virginia Beach and New Cingular Wireless, PCS, LLC Leased Area: 1,600sq.' +/- portion of Red Mill Farm Park, 1900 Sandbridge Road (Princess Anne District), plus access to site. Tower: 144' high "slick stick"; tower replaces light pole on site; Lessee replaces ball field lights on tower and allows use for future Wi-Fi if needed by City Term: Initial 10-year term; lessee has right to renew for three 5-year terms Rent: Base rent of $13,200/yr; additional rent of $5,400/yr (base rent and additional rent subject to annual 3% increases) Contingency: Lease is contingent on granting of conditional use permit and other governmental approvals; Other: Conditions of conditional use permit are incorporated by reference into the lease; lessee also must comply with applicable provisions of City Zoning Ordinance, other ordinances and state or federal laws. u ar,',~ h 4 M~ ~s*~ ~~ ~ . LS~ 4~vvr~.1~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Grant Permits Allowing Certain Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 22, 2010 ^ Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. Such permits must be renewed by City Council annually. ^ Considerations: The following applications have been received and processed by the Department of Emergency Medical Services for the operation of basic and advanced life support agencies: Eastern Shore Ambulance, American Lifeline Medical Transport, Inc., Mid-Atlantic Regional Ambulance, Inc., Children's Hospital of the King's Daughters Transport Team, Special Event Providers of Emergency Medicine, Nightingale Regional Air Ambulance, and Medical Transport, L.L.C. During the previous twelve months, the private emergency medical services agencies performed non-emergency and inter-facility transports to include both basic and advanced life support calls. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Attachments: Ordinance Recommended Action: Adoption Submitting Department/Agency: Department of Emergency Medical Services ~~d' City Manager: S k ~ ~ 1 AN ORDINANCE TO GRANT PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES 3 AGENCIES TO OPERATE IN THE CITY OF VIRGINIA 4 BEACH 5 6 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 7 an emergency medical services agency or any emergency medical services vehicle within 8 the City must first obtain a permit from City Council, and such permits must be renewed on 9 an annual basis; and 10 11 WHERf:AS, applications for permit renewals have been received by the following 12 agencies: Eastern Shore Ambulance, American Lifeline Medical Transport, Inc., Mid- 13 Atlantic Regional Ambulance, Inc., Children's Hospital of the King's Daughters Transport 14 Team, Life Evac Virginia, Special Event Providers of Emergency Medicine, Nightingale 15 Regional Air Ambulance, and Medical Transport, L.L.C.; and 16 17 WHEREAS, the above-listed private ambulance agencies perform services not 18 provided by tf•ie City's volunteer rescue squads, such as non-emergency inter-facility 19 transports, which include both basic and advance life support calls. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 22 VIRGINIA BE~~CH; 23 24 1. That the City Council hereby grants Emergency Medical Services permits to the 25 following agern:,ies: 26 27 Eastern Shore Ambulance, American Lifeline Medical Transport, Inc., Mid- 28 Atlantic Regional Ambulance, Inc., Children's Hospital of the King's 29 DaughtE~rs Transport Team, Special Event Providers of Emergency Medicine, 30 Nightingale Regional Air Ambulance, and Medical Transport, L.L.C.. 31 32 2. That these permits shall be effective from July 1, 2010 until June 30, 2011. Adoptecl by the City Council of the City of Virginia Beach, Virginia, on this day of , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ Emergency dical Services City Attor 's O i CA11530 R-1 June 7, 2010 ~+u:6~ Cy ~ x~ ~~y y~ %:~~ ~y~' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Appointing Three (3) Viewers for One-Year Terms Beginning July 1, 2010, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 22, 2010 ^ Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, City Council, by ordinance adopted June 23, 1998, added § 33-111.2 to the City Code, which provides for the appointment of three (3) viewers for one-year terms, beginning July 1 of each year, to view each and every street or alley proposed to be altered or vacated during the terms of such viewers. ^ Considerations: Because the terms of the current viewers expire on June 30, 2010, it is necessary to appoint viewers for one-year terms beginning July 1, 2010. ^ Public Information: This ordinance will be advertised as a routine agenda item. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning City Manager: ~ ,~~~~~ 1 AIV ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2010, TO VIEW 3 E~~CH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments o1` Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2010 and ending June 30, 2011. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEAi~H, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of tF~e City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2010 and ending June 30, 2011, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. APPROVED A~> TO CONTENT: Depa APPROVED AS TO LEGAL SUFFICIENCY: nnin City Attorney's Office CA11531 R-1 June 2, 2010 ~~ ~.Y. s ;~~ q .~......" r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City right-of-way known as Blueberry Road located adjacent to 2016 Blueberry Road, for property owners Christopher G. Beale and Terri A. Beale MEETING DATE: June 22, 2010 ^ Background: Christopher G. Beale and Terri A. Beale have requested permission to maintain an existing deck and a bulkhead, within the City's right-of-way known as Blueberry Road located adjacent to 2016 Blueberry Road. ^ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. 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 is not required as one already exists on the site, and no additional encroachment is being contemplated. ^ 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: Public Works/Real Estate ~ A p City Manager. ~ , 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS ~ BLUEBERRY ROAD LOCATED s ADJACENT TO 2016 BLUEBERRY 9 ROAD, FOR PROPERTY OWNERS to CHRISTOPHER G. BEALE AND TERRI 11 A. BEALE 12 13 WHEREAS, Christopher G. Beale and Terri A. Beale desire to maintain an 14 existing deck and bulkhead within a portion of the City's right-of--way known as 15 Blueberry Road, located adjacent to 2016 Blueberry Road, in the City of Virginia Beach, 16 Virginia. 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 2 o City's right-of--way subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Christopher G. Beale and 26 Terri A. Beale, their heirs, assigns and successors in title are authorized to maintain 2 ~ temporary encroachments for a deck and a bulkhead in the City's right-of-way as shown 28 on the map marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT "A" FOR 29 CHRIS BEALE 2016 BLUEBERRY ROAD VIRGINIA BEACH, VIRGINIA 23451 AS 3o BUILT DATE: 1-28-06 SHEET 1 OF 1, prepared by Flint Construction Company 3712 31 Adams Street Portsmouth, Virginia 23703", a copy of which is on file in the Department 32 of Public Works and to which reference is made for a more particular description; and 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and Christopher G. Beale and Terri A. Beale (the "Agreement"), 3 ~ which is attached hereto and incorporated by reference; and 38 3 9 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 4 o is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as Christopher G. Beale and Terri A. Beale and the City Manager or his authorized 44 designee execute the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 4 ~ of , 2010. CA-11389 X:\OID\REAL ESTATE\Encr~achments\PW Ordinances\CA11389 Beale Ordiance.doc V: W pplications\CitylawProd\ cycom32\W pdocs1D022\P007100048916. DOC R-1 PREPARED: !5/25/10 APPROVED ~-S TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~~ PUBLIC WORKS, REAL E ATE (~ A RMEYER ASSI TANT CITY ATTORNEY 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 4th day of May, 2010, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHRISTOPHER G. BEALE and TERRI A. BEALE, 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 45", as shown on that certain plat entitled: "BROAD BAY COLONY LYNNHAVEN MAG. DIST. -PRINCESS ANNE CO., VA. PROPERTY OF DORIS N ABSALOM, CLYDE C. ABSALOM AND AILEEN TAYLOR BLACK SCALE: 1" = 100', MARCH 5, 1952, prepared by ALONZO L. CHERRY, CERTIFIED LAND SURVEYOR," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 29, at page 48, and being further designated, known, and described as 2016 Blueberry Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain a deck and a bulkhead, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Blueberry Road the "Encroachment Area"; and G P I N : 1499-89-2380-0000 V'JHEREAS, 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 hereb~~ 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 maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virgini~~ 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: "ENCROACHMENT EXHIBIT "A" FOR CHRIS BEALE 2016 BLUEBERRY ROAD VIRGINIA BEACH. VIRGINIA 23451 AS BUILT DATE: 1-28- 06 SHEET 1 OF 1, prepared by Flint Construction Company 3712 Adams Street Portsmouth, Virginia 23703" a copy of vr~hich is attached hereto as Exhibit "A" and to which rE:ference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action .arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be 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 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 3 cancellation or termination of, or material change to, any of the insurance policies. The Grantee assurnes 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 Encroachmen~: 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 Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provi~~ed 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 ttie 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 I~,w for the collection of local or state taxes. IN WITNESS WHEREOF, CHRISTOPHER G. BEALE and TERRI A. BEALE, 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 i•:s name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 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. (SEAL) 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: 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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 Ch ' her G. Beale, Owner Terri A. eale, Owner STATE OF V:CRGINIA ~ CITY/COUNT`( OF ~_~h J_ , to-wit: The foregoing instrument was acknowledged before me this _~ day of ~~ , 2010, by Christopher G. Beale, Owner. VELA N. TONEY Notary pupNc (S ~ Nota Public °a ~ Virginia 7260155 ~ Commbabn Expi-ta Stp 30, 2013 Notary Registration Number: 1 ~L' ~y ~S My Commission Expires: 3~ a~ ~ STATE OF V:CRGINI CITY/COUNT'>' OF ~ ~~ , to-wit: The foregoing instrument was acknowledged before me this ~~ day of ~ ., I -~!N-X , 2010, by Terri A. Beale, Owner. ~u N. ToNEr J ~ ea~nrnonwaaNl, a Yfrplnia Mr c°"onlaab^ ~ 30, (S AL) Notary Public ~~,~ , t1 Notary Registration Number: ~ ~ ~r ~ ~1 ~ s ~-~ ~ 3 My Commission Expires:. ~ y; 6 APPROVED AS TO CONTENTS SIGNATURE ~~~ ~ DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM D A R/ RMEYER, ASSISTANT CITY ATTORNEY 7 $~R i BULKHEAD UNE ACROSS THE CANAL -^ LONG CREEK --- N 65'17'26"E 116.34 (TIE LINE ONLY) (15~/ MHW aL MLW TOUCH AT 6ULKHEAD. -~ EXISTB11i 10' X 20' - DECK. EXISTII4G 44' VINYL- BUL.KHEAD RETURN. h ~H i~ r ACz m~ APO -' 1 ' ~~-, m ~ CITY of v'NiGINIA ~ ~ $ r{~ ao v I SCALE: 1.0" = 40' TWO STORY BRICK 6 FRAME 2016 .,,. ~: +~.'~ - 4.•'.~ if i~ di CONCRETES ~.•L , •. •. DRIVE • ~,-. %~~i ice' :'y' u R i,' . ~ r~.~.f ~ ~y . • :,..: _ N ~ 99.25' •" i M~ S 86'12'52"w 12' ACCESS ROAD DB 4176 PG 85 ENCROACHMENT EXHIBIT "A" GPIN #: 1499-89.2380 INSTRUMENT #:1999120:1020204490 FOR ADJACENT PROPERTY OWNERS: CHRIS BEALE 1) CITY OF VIRGINIA 2016 BLUEBERRY ROAD 21 MORRIS VIRGINIA BEACH. VIRGINIA 23451 'm PA O-•2• GPMI #:1499-89.3373 RICHARD MORRIS 2012 BLUEBERRY ROAD PROPOSED: EX. BULKHEAD b DECK DATUM: MLW 0.00' AS BUILT DATE: 1-28-06 SHEET 1 OF 1 68' MLW TO MLW i '~ ` s .a:., ~ ~~ '6, .~^ `' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City right- of-way known as 39T" Street and Atlantic Avenue for Aqua Investment Associates, L.P., a Virginia limited partnership MEETING DATE: June 22, 2010 ^ Background: Aqua Investment Associates, L.P., a Virginia limited partnership has requested permission to construct and maintain a laminated glass entrance canopy, re-align and add a water fountain (maximum 4' tall), a raised 3' tall concrete planter box, and additional low-level landscaping to an existing landscaped medium, and to make improvements to existing curbing and brick pavers within the City's right-of-way known as 39th Street and Atlantic Avenue, 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. ^ 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: Public Wo eal Estate 8C' ~/ ~ •'G" City Manager. ~ , i~ 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS 39T" 7 STREET AND ATLANTIC AVENUE 8 FOR AQUA INVESTMENT g ASSOCIATES, L.P. 10 11. WHEREAS, Aqua Investment Associates, L.P., a Virginia limited partnership 12 desires to construct and maintain a laminated glass entrance canopy, re-align and add 13 a water fountain (Maximum 4' tall), a raised 3' tall concrete planter box, and additional 14 low-level landscaping to an existing landscaped median, and to make improvements to 15 existing curbing and brick pavers within the City's right-of-way known as 39~' Street and 16 Atlantic Avenue, in the City of Virginia Beach, Virginia; and 17 is WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 2 o City's right-of-way subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Aqua Investment Associates, 26 L.P., its assigns and successors in title are authorized to construct and maintain 27 temporary encroachments for a laminated glass entrance canopy, a water fountain 2 s (maximum 4' tall), a raised 3' tall concrete planter box, and additional low-level 29 landscaping to be added to an existing landscaped median, and to make improvements 3 o to existing curbing and brick pavers, in the City's right-of-way as shown on the map 31 marked Exhibit "A" and entitled: "EXHIBIT A FOR 39TH STREET RIGHT-OF-WAY 32 ENCROACHMENT AT HOLIDAY INN PARCEL A GPIN 2428-05-0202 (MB 217, PG 33 86) DATE: 3/25/10 SCALE: 1" = 20'," a copy of which is on file in the Department of 34 Public Works and to which reference is made for a more particular description; and 35 36 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 3s City of Virginia Beach and Aqua Investment Associates,. L.P. (the "Agreement"), which 3 9 is attached hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 42 is hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as Aqua Investment Associates, L.P. and the City Manager or his authorized 4 6 designee executes the Agreement. 47 4 s Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 9 of , 2010. CA-11228 R-1 PREPARED: i~/11 /10 APPROVED f~S TO CONTENTS ~~~~ BLIC WORKS, R APPROVED AS TO LEGAL SUFFICIENCY AND FORM day ES A . HARMEYER, ASSISTANT CITY ATTORNEY 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 ~ day of ~~-V~'~ , 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and AQUA INVESTMENT ASSOCIATES, L.P., a Virginia limited partnership, ITS 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 "Parcel A GPIN: 2428-05-0202 1.622 AC. LOTS 1, 2, 3, 4, 5, & 6, BLOCK 90 AND LOTS 4, 5, & 6, BLOCK 89" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 1, 2, 3, 4, 5, & 6, BLOCK 90 AND LOTS 4, 5, & 6, BLOCK 89 AND A PORTION OF 39TH STREET AS SHOWN ON PLAT ENTITLED PROPERTY OF VIRGINIA BEACH DEVELOPMENT CO. ,MAP NO. 3 (M.B. 3, P. 176-177) AND ALSO SHOWN ON PLAT ENTITLED MAP OF LINKHORN PARK (M.B. 5, PT. 2, PG. 151) VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30', dated OCTOBER 31, 1991, prepared by BENCH MARK INC.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 217, at page 86, and being further designated, known, and described as 3915 Atlantic Avenue, Virginia Beach, Virginia 23451; GPIN: (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED) 2428-05-0202-0000 `NHEREAS, it is proposed by the Grantee to construct and maintain a laminated gla:~s entrance canopy, re-align and add a water fountain (maximum 4' tall), a raised 3' tall concrete planter box, and additional low-level landscaping to be added to an existing landscaped median, and to make improvements to existing curbing and brick pavers, ~;ollectively, the "Temporary Encroachment", in the City of Virginia Beach; '~IVHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-~n~ay known as 39th Street and Atlantic Avenue, 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 heret~y 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 FOR 39TH STREET RIGHT-OF-WAY ENCROACHMENT AT HOLIDAY INN PARCEL A GPIN 2428-05-0202 (MB 217, PG 86)" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and 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 submit and have approved a traffic control plan before commencing work in the Encroachment Area. 3 It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests far exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a building pE~rmit from the Department of Planning prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard again:>t damage to City property or facilities during construction. 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 n:~med insured or loss payee, as applicable. The Grantee also agrees to carry comprE~hensive 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. 4 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for 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, the said AQUA INVESTMENT ASSOCIATES, L.P., a Virginia limited partnership, the said Grantee has caused this Agreement to be executed in its name on its behalf by Thomas J. Lyons, President of 3900 Oceanfront Investment Associates, Inc., the General Partner of Aqua Investment Associates, L.P., a Virginia limited partnership, with due authority to bind said limited partnership. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name 5 and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE F;EMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH gy (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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: _ 7 AQUA INVESTMENT ASSOCIATES, L.P., a Virginia limited ~rtnership gy (SEAL) Thoma J. Ly s, P esident of 3900 O e nfront Investment Associa s, Inc., the General Partner of Aqua Investment Associates, L.P. STATE OF ~'11~4tN~~4 CITY/GB~J~-I~OF ~/t =~o{NIA ~t,~4CH, to-wit: The foregoing instrument was acknowledged before me this ~_ day of f~ , 2010, by Thomas J. Lyons, President of 3900 Oceanfront Investment Associates, Inc., the General Partner of Aqua Investment Associates, L.P., a Virginia IimitE~d partnership. Notary Public ' ~: CGO ti . :REGISTRATION NO. •'; 7020623 = Notary Registration Number: ~ Q~a ~''~`3 _ '•.MyCOMM.E)cpIRES' 01/3112014 //iii •'' OF VIRG~N\P.' G _-r-r ~~''ii~~TARY1 P~~ \\\\\\~. My Commission Expires: (~~ t ~~ ~ f ~-j- (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) APPROVED AS TO CONTENTS NATURE ~~ ~~~ ~~ DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~ .HARMEYER, ASSISTANT CITY ATTORNEY 11'x17 PURL/C ACCESS EASEMENT (MB 217,: PG86~ BRICK PAVER - PEDESTRIAN SIDEWALK N53'06'04"W 16.18' EX/ST /RR/GA Ai~N rYATER L/UE EDGE OF SIDEWALI< FLUSH W/ DRIV1= N72'S7'3;?"W 9.48' EX/ST P/PE',SLEEY£ - W/ RYA IFR L/NE EX/ST P/PE SLEE12- IY/ ELECTR/C L/NE- EX/ST ELECTR/C L/N~- EX/ST PLANTER BOX - S76'11'32"W 65.43'~~" EX/ST CANOPY X37' CANOPY ~ 14' MIN /19 MAX HT AND SUPPORT COLUMNS ®23' MAX HT (MILD PAINTED Sl'EEL AND EDGE CLAMPED 4: CLEAR GLAZING SYSIEM) ~; 0 PARCEL A (MB 217, PG 86) GPIN: 2428-OS-020" AREA = 70,654 SF \ OR 1.622 AC N13'48'28"W ~ 22.35' j S13'48'28"E 10.00' SIGN OVER DOOR "PUBLIC BEACH ACCESS" -,¢`3900 6-STORY STUCCO FF-18.97 N14'12'04"E 21.20' BOLLARD (TYP OF 9) ,1.39 S76'11'32"W %~-75.13' I - BRICK PAVER VEHICULAR DRIVE CURB WIPEDOWN VDOT CG-2 EDGE OF PROPOSED BRICK PAVERS ~ SECTION OF EXISTING CURB AND SIDEWALK I TO REMAIN WATER FOUNTAIN ® 4' MAX HT ** RAISED PLANTER 2'-6" MAX HT (TREATED CAST IN PLACE CONC.) ** ~ C/TY D/SK(F~ C/TY D/SK~F~ ELEV-1.'.10 VDOT CG-2 20 ~ ~ (- N13'48~28"W ** NOTE: FOR DETAILS SEE EDGE OF PROPOSED '' 1 3 150.00 "FOUNTAIN LAYOUT AND DETAILS" BRICK PAVERS SIGN ON WALL EXHIBIT PREPARED BY SISKA AURAND Al1ANAC AI~N!/E (60'R/Il') "P~JBLIC BEACH ACCESS" LANDSCAPE ARCHITECTS. INC., 3/2/10 (A/8 ?17, PG 86J EDGE Ott PROP BRICK PAVERS ~~ F~~ o~ ~; C. $CQTT C i~ ~ Lic; No. ~~ -0 51 c; ~o~~ ~~~ ~'' (2G\`'~~'I ~`SS/n~i e ~ E~J / EXHIBIT A FOR 39TH STREET RIGHT-OF-WAY ENCROACHMENT AT HOLIDAY INN PARCEL A GPIN 2428-05-0202 (MB 217, PG 86) MSA, P_C. Fmuonmental Sciences • Geoscieuces • Planning S~v~s • EnBua~mg • Pe Architecaue 5033 Rouse Dri~~~ee,, Vuuppnia Heacl~, VA 23462 ~~~R 757-490.9264 (Ofc) 757-090-0634 (Fax) ...~.~ v,~~ & viryiaia's Eastea~ s}mse PROJ. NO.: 09075 DATE: 6/15/10 SCALE: 1"=20' L a~ W ry ~ ~ /~ ~p N z S13'48'28"E 26.72' %~,. ~KU ~',~, ~~ ~ ~ ~"~ ,. ~3 ~~ ~t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Fiscal Year 2010-11 Operating Budget of the Department of Housing and Neighborhood Preservation and to Increase the Authorization for a Section 108 Loan from the Federal Government MEETING DATE: June 22, 2010 ^ Background: On May 11, 2010, City Council adopted the FY 2010-11 Operating Budget and related ordinances. Included in the budget were two ordinances for the Department of Housing and Neighborhood Preservation (DHNP). One authorized the City Manager to submit an annual funding plan. The other authorized an application for a Section 108 loan from the federal government. ^ Considerations: The amendments to the DHNP budget are necessary because of late notification from the federal government of actual amounts of funding available. The individual program adjustments are provided in Attachment 1. Additionally, DHNP requests authority for additional Section 108 borrowing for $1.23 million dollars to fund two projects: housing funding to be used in conjunction with the Thalia Fire and Rescue Station Replacement Project; and rehabilitation funding for portions of the Judeo- Christian Outreach Center at 1053 Virginia Beach Boulevard. Additional information regarding these projects is provided in Attachment 2. Section 108 loans are from the Federal Government and require the City to use future Community Development Block Grants (CDBG) to repay the loan. Because the funding is provided by CDBGs, the Section 108 loan is a revenue bond. It does not pledge the City's full faith and credit nor does it require direct City funding. It will, however, raise the City's debt per capita from $2,339 to $2,342. Attachment 3 provides an explanation of the Section 108 Loan, and its impact on the DHNP budget in future years. Projections made for the next five years show that the increased amount can be sustained, and that most current programs can be maintained. Even if the loan ultimately does affect programs in the future, the projects the loan will fund represent unique opportunities/high priorities. ^ Public Information: Consistent with federal requirements, the proposed department budget was advertised in the Beacon on April 28, 2010. Adopting these changes is consistent with the required process. Therefore, the normal council agenda notification process is considered sufficient public information. ^ Recommendation: Approval of the attached ordinance. ^ Attachments: Ordinance; Recommended Action: Submitting Department/Agency: pa~ City Manage ent of Housing and Neighborhood Preservation Attachment 1 Agenda Request to Amend DHNP Budget -June 22, 2010 Explanation of Changes and Amounts Action Reasons Amount Ordinance Increase appropriation of To conform to actual available $189,295 "A" and "B" CDBG Funds to both the funding amount. Community Development Special Revenue Fund and the CD Loan and Grant Fund. Appropriate fund balance To use available reserves $805,809 ~ "C" from Federal Section 8 based on Funding authorization Pro ram Fund from HUD. Transfer of Provide sufficient $97,800 "D" Appropriations in the CD appropriations for continuation Loan and Grant Fund of Facade Program and Optional Relocation through decrease of funding to Home Re air Pro ram. Transfer of Provide sufficient $110,000 "E" Appropriations in the appropriations for funding of Federal Housing First Time Homebuyer Assistance Fund Program, and Samaritan House Rehabilitation Project through decrease of funding to Rental Security Deposit Program and Reconstruction Pro ram. Increase appropriation of To conform to actual available $77,278 "F" HOPWA Fund:. in the funding amount. Grants Consolidated Fund'' Decrease appn~priation To conform to actual available ($620) "F" of ESG Funds in the funding amount. Grants Consolidated Fund* Delete funding for Program will be operated by the ($170,800) "F" Homeless Intervention Planning Council, which will Program in the Grants serve Virginia Beach residents. Consolidated Fund* Funding will be provided directly from the State to the Planning Council. The Planning Council operates this program for the other local cities. Decrease appropriation To conform to actual available ($8,342) "G" of Federal Hou:~ing funding amount. Assistance Grant Funds Increase approi~riation of To fund projects discussed in $1,230,000 "H" and "I" Section 108 loan Attachment 2. proceeds *Net Chan a in 183 Grants Consolidated S ecial Revenue Fund is $94,142 Attachment 2 Agenda Request to Amend DHNP Budget -June 8, 2010 Explanation of Projects Proposed for Additional Borrowing 1) Housing funding to be used in conjunction with the Thalia Fire and Rescue Station Replacement Project. CIP 3-021: Separate funding for the fire station component of this project is included in the adopted CIP (project # 3-021). This funding is proposed for a concept under consideration that would include a housing component as part of the fire station project. This proposed funding would provide mixed-income affordable housing, including some workforce housing, as part of a potential 130 unit housing development to be built on the same site as the fire station. If a development agreement is reached that includes housing, the provision of these funds would require the imposition of affordability requirements on the housing portion of the project, consistent with federal regulations. Note that this funding is not yet committed to the project, but is being obtained to be available for part of a development agreement, if such an agreement is reached. If no agreement is reached, the funds would be available for appropriation to other eligible federal housing uses. 2) Rehabilitation funding for portions of the Judeo-Christian Outreach Center (JCOC) facilities at 1053 Virginia Beach Boulevard: For many years, City officials have had discussions with the JCOC to determine whether their facilities could be relocated. However, this has not been feasible. In addition, their existing facilities are in need of significant rehabilitation and site improvements. Considering future prospects for the north side of 17th Street, including the expansion of the convention center and future use of City-owned land bordering on Birdneck Road and 17th Street, improving the JCOC campus layout and creating and building higher quality buildings would be consistent with these goals. Therefore, this funding is being set aside for the potential of a JCOC-project that this would support. This project is under discussion with JCOC leadership, and will only be provided if a complete funding package and an approved plan is developed. If no agreement is reached, the funds would be available for appropriation to other eligible federal housing uses. Attachment 3 Agenda Request to Amend DHNP Budget -June 8, 2010 Explanation of Section 108 Loan and Budget Impacts The previously adopted budget authorizes the City to borrow $1,016,000 as part of a funding pack~~ge for the new Lighthouse Multi-Service Center (CIP project # 3-503). This amount will be borrowed through the HUD "Section 108" loan program, which provides for rf:cipients of Community Development Block Grant (CBDG) funds to borrow against futures grant allocations. The federal government provides its "full faith and credit" guarantee to borrowers, thus obtaining a low interest rate. The City last sought a similar loan in FY 1993-94. The proposed ordinance authorizes an additional $1,230,000, for a total borrowing amount of $x!,246,000 ($1,016,000 is already included in the adopted FY 2010-11 budget). The i~ollowing table details this: Lighthouse* 1,016,000 Home Repair** 750,000 JCOC 400,000 Section 108 Loan Finance Fee:> 80,000 Total 2,246,000 *already included in adopted FY 2010-11 budget. '`*Note that tf~e $750,000 is listed for the "Home Repair" program, which provides funding for eligible homeowners to make repairs. This funding from the loan program allows an equal amount of HOME program funds to be made available for the housing component of the Thalia Fire Station project. This arrangement is required because the Section 108 funds cannot be used for new construction of housing. The total amount borrowed must be repaid. HUD will negotiate a repayment agreement with the City n:garding the length of payment. The interest rate will be set by the market based on lenclers offers to purchase bonds that HUD issues. Staff have calculated the potential rep~iyment at an interest rate of 4.0%, and a 20 year repayment at approximately $202,000 for the first year, declining after that based on a flat principal payment and a declining interest payment based on the outstanding principal balance. This loan doe;> count towards the City's Debt Per Capita limit. These repayments would be made from the City's annual CDBG grant allocation and budgeted for Each year. Projections made for the next five years show that this amount can be sustained, if a level CDBG grant is received from the federal government (current funding is at a twenty-five year low, so this does not represent an aggressive forecast), and that most current programs can be maintained. Even if the loan ultimately does impact programs in the future, the projects the loan will fund represent unique opportunities/high priorities. 1 AN ORDINANCE TO AMEND THE FY 2010-11 2 OPERATING BUDGET OF THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION 4 AND TO INCREASE THE AUTHORIZATION FOR A 5 SECTION 108 LOAN FROM THE FEDERAL 6 GOVERNMENT 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That the Department of Housing and Neighborhood Preservation's FY 2010-11 12 Operating Budget is amended by the amounts and purposes set forth below: 13 14 (A) $90,000 is hereby appropriated to the Community Development Special 15 Revenue Fund, with estimated federal revenue increased accordingly; and 16 17 (B) $99,295 is hereby appropriated to the CD Loan and Grant Fund, with 18 estimated federal revenue increased accordingly; and 19 20 (C) $805,809 of fund balance is hereby appropriated from the Federal 21 Section 8 Program Special Revenue Fund, with specific fund reserves increased 22 accordingly; and 23 24 (D) $97,800 of grant funding is hereby transferred within the CD Loan and 25 Grant Fund to maximize the provision of various housing services; and 26 27 (E) $110,000 of grant funding is hereby transferred within the Federal 28 Housing Assistance Grant Fund to maximize the provision of various housing services. 29 30 (F) Appropriations of $94,142 of previously appropriated funding is hereby 31 reduced within the Grants Consolidated Special Revenue Fund, with estimated federal 32 revenue decreased accordingly; and 33 34 (G) $8,342 of previously appropriated funding is hereby reduced within the 35 Federal Housing Assistance Grant Fund, with estimated federal revenue decreased 36 accordingly; and 37 38 (H) Establish the Federal Section 108 Loan Program Special Revenue Fund 39 within the City accounting structure; and 40 41 (I) $1,230,000 is hereby appropriated to the Federal Section 8 Loan 42 Program Special Revenue Fund, with estimated federal revenue increased accordingly. 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 A,S TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: anage ent ; ervices i ey's Office CA11541 R-2 June 11, 2010 Ku•e ~. ~~ ,~'' N ~~' 44~:~t CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Agriculture and Consumer Services to the Department of Agriculture to Reimburse the City for a Portion of the Cost to Acquire a Preservation Easement MEETING DATE: June 22, 2010 ^ Background: On June 24, 2008, City Council authorized the City Manager to execute an Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services (VDACS). This agreement provided the opportunity to request state funding through the Office of Farmland Preservation that would match local dollars for easements acquired, not to exceed $403,219.75. The goal of the Intergovernmental Agreement was to provide financial assistance for local programs to protect working farms and forested lands. This agenda item requests appropriation of State funding to reimburse some of the costs incurred by the City in May, 2010 for the acquisition of an agricultural land preservation easement. ^ Considerations: This item accepts and appropriates $160,664 from VDACS to reimburse the ARP Special Revenue Fund for 50% of the easement value ($321,328) for the Bonnie B. Marrow Revocable Trust property. The Marrow farm of 42.28 acres, located at 6485 and 6529 Blackwater Road, was enrolled in ARP on May 5, 2010. The appropriation will reimburse the costs of the U.S. Treasury STRIPS that were purchased to fund the principal payment, as well as the costs of an appraisal, title searches, title insurance, public hearing notices, bond counsel and interest payments. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Alternatives: If these funds are not appropriated and accepted, the funding will not be available to reimburse the City for easement acquisition costs. ^ Recommendations: Accept and appropriate State funding from VDACS to the ARP Special Revenue Fund. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Agriculture ~, City Manage . ~ lL ~ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 AGRICULTURE AND CONSUMER SERVICES TO 4 THE DEPARTMENT OF AGRICULTURE TO 5 REIMBURSE THE CITY FOR A PORTION OF THE 6 COST TO ACQUIRE A PRESERVATION EASEMENT 7 8 WHEREAS, the ARP Special Revenue Fund is eligible for reimbursement from 9 the State for up to 50% of the value of the agricultural preservation easement for the 10 Bonnie B. Marrow Revocable Trust; and 11 12 WHEREAS, the acquisition cost for this easement totaled $321,328. 13 14 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA, THAT: 16 17 $160,664 is hereby accepted from the Virginia Department of Agriculture and 18 Consumer Services and appropriated, with estimated state revenues increased 19 accordingly, t~~ the FY 2009-10 Operating Budget of the Department of Agriculture to 20 partially reimburse the City for the acquisition of a preservation easement. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2010. RequirE~s an affirmative vote by a majority of all of the members of City Council. Approved as to Content l~ . Managemen ;Services Approved as to Legal Sufficiency i rney's Office CA11540 R-2 June 9, 2010 »~~y ` s ~~~$ ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Behavioral Health and Developmental Services to the FY 2009-10 Operating Budget of the Department of Human Services MEETING DATE: June 22, 2010 ^ Background: Since the adoption of the City's FY 2009-10 budget, additional one-time State funding has been provided to the Department of Human Services. The Virginia Department of Behavioral Health and Developmental Services has awarded $104,999 in one-time funding for the Virginia Beach Infant Program. The Infant Program serves children 0-3 years old who are developmental delayed and are in need of therapeutic services. The funding will be used to pay for contracted services for speech, physical and occupational therapy provided to infants and toddlers. ^ Considerations: Notification of this additional State funding was received subsequent to the City Council's approval of the FY 2009-10 Operating Budget. This funding addresses pressing service needs. There are no new FTEs as part of this request. No City funds are required to support the program. ^ Public Information: Public information will be coordinated through the normal Council agenda process. ^ Alternatives: Without accepting these additional funds, the City will have to turn back state funding, and children in need of early intervention services will not be served. ^ Recommendations: Accept and appropriate $104,999 in State revenue to the FY 2009- 10 Department of Human Services Operating Budget. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Service~~~ (~' f /(I)~ City Manager: S 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF BEHAVIORAL 3 HEALTH AND DEVELOPMENT SERVICES TO THE FY 2009- 4 10 OPERATING BUDGET OF THE DEPARTMENT OF 5 HUMAN SERVICES 6 7 8 9 10 11 12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That :6104,999 from the Virginia Department of Behavioral Health and Development~~l Services is hereby accepted and appropriated, with revenue from the State increased accordingly, to the FY 2009-10 Operating Budget of the Department of Human Services to provide therapeutic services to infants and toddlers. 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 io Content: (~~~ ~ Management Services Approved as to Legal Sufficiency: City Att 's ffice CA11538 R-2 June 10, 2010 ~4y~NU~tiEt y ~~~ ~x~+ 'ts~ %~' ~~~~ ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds Resulting from the Third Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception, which the City Will Donate to the Virginia Beach Education Foundation, Hope House Foundation, and GrowSmart, the City of Virginia Beach's Ready to Learn Initiative MEETING DATE: June 22, 2010 ^ Background: On May 7, 2010, the Virginia Beach Development Authority (VBDA) and the Department of Economic Development (DED) hosted the third annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception at Virginia Beach National Golf Club. The Golf and Reception were scheduled to coincide with the Commonwealth of Virginia's Business Appreciation Month, which is celebrated annually during May to recognize the invaluable contributions that Virginia Beach businesses make to support our excellent economy and high quality of life. Over 400 Virginia Beach business and industry executives, real estate agents, developers, brokers, architects, engineers, consultants (joined by members of the VBDA and DED) were invited to participate in this charitable fund-raising event wherein a portion of the private sector proceeds generated from Golf Classic Sponsorships were to be donated to three local charities encompassing education, mental health, and workforce development initiatives. This exciting event generated $12,000 in monies for the benefit of the above referenced programs. ^ Considerations: Approval will allow the City to accept a check from the VBDA and then donate the funding received to the above charities for use within the City of Virginia Beach ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Alternatives: A committee could be formed in order to identify other charities for consideration to share in the funding that was raised. ^ Recommendations: Approval of $12,000 to be donated to the local charitable programs. Recommended Action: Approval Submitting DepartmentlA ency: Economic Development ~,SIk- City Manager ~~S~i ~lJ 1 P,N ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS RESULTING FROM THE THIRD ANNUAL 3 VIRGINIA BEACH BUSINESS APPRECIATION CHARITY 4 GOLF CLASSIC AND NETWORKING RECEPTION, WHICH 5 THE CITY WILL DONATE TO THE VIRGINIA BEACH 6 EDUCATION FOUNDATION, HOPE HOUSE 7 FOUNDATION, AND GROWSMART, THE CITY OF 8 VIRGINIA BEACH'S READY TO LEARN INITIATIVE 9 10 WHEREAS, on May 7, 2010, the Virginia Beach Development Authority and the 11 Department of Economic Development hosted the third annual Virginia Beach Business 12 Appreciation Charity Golf Classic and Networking Reception at the Virginia Beach 13 National Golf ~~lub, which generated $12,000 that can be donated to local charitable 14 programs. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA, THAT: 18 19 1. A contribution of $12,000 is accepted and appropriated to the General Fund 20 from the third annual Virginia Beach Business Appreciation Charity Golf 21 Classic and Networking Reception. 22 23 2. Estimated Revenue is increased accordingly. 24 25 3. The contributed funds will be donated to the Virginia Beach Education 26 Foundation, Hope House Foundation, and GrowSmart, the City of Virginia 27 Beac:h's Ready to Learn Initiative. Adoptec' by the Council of the City of Virginia Beach, Virginia on the day of , 2010. Requires an affirmative vote by a majority of all the members of City Council. APPROVED A5 TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management ~~ervices ity rney's Office CA11537 R-1 June 8, 2010 u se,2. ~.,, y~ ~~~ 'y~~ f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from Donations, Sale of Salvage Equipment, and Cost Recovery to the Fire Department MEETING DATE: June 22. 2010 ^ Background: During the fiscal year, the Fire Department receives money from various sources, including monetary gift donations, revenues from the sale of salvage equipment, and cost recovery related to the Hazardous Materials Team. The Fire Department collected roughly $990 in donations, which it deposited in the Fire Gift Fund. The sale of salvage self-contained breathing apparatus netted the Fire Department $2,600. Hazardous Materials Team cost recovery totaled $6,516. ^ Considerations: Before these moneys may be spent, state law requires the City Council appropriate the funds. Appropriation of the donations will allow the Fire Department to purchase items based on the wishes of the donors and the needs of the Department. Appropriation of the sale of salvage equipment will reimburse the cost of equipment previously purchased by the Department. Last, appropriation of the cost recovery funds will allow the Hazardous Materials Team to replace chemical meters and other hazardous material response equipment. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Alternatives: Without appropriating these revenues, the Fire Department would not be able to spend donations at the request of donors, reimburse a State grant, or replace equipment needed by the Hazardous Materials Response Program. ^ Recommendations: Approve the attached ordinance. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: ~ ~. ~ 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM 2 DONATIONS, SALE OF SALVAGE EQUIPMENT, AND 3 COST RECOVERY TO THE FIRE DEPARTMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the FY 2009-10 Operating Budget of the Fire Department is hereby 9 amended for the purposes and amounts set forth below: 10 11 1) $990 in gift fund revenue is hereby accepted and appropriated, with gift 12 fund revenues increased accordingly, to support fire programs; and 13 14 2) $2,600 in sale of salvage equipment revenue is hereby appropriated, with 15 revenues from sale of salvage materials increased accordingly, to 16 rE~imburse the cost of previous replacement equipment; and 17 18 3) $3,516 in cost recovery revenue is hereby appropriated, with local revenue 19 increased accordingly, for replacement of chemical meters and other 20 hazardous material response equipment. 21 22 Adopted by the Council of the City of Virginia Beach, Virginia on the day 23 of , 2010. 24 25 RequirE~s an affirmative vote by a majority of all of the members of City Council. Approved as to Content n ~J` ~.____~ C~.n~~ Management Services Approved as to Legal Sufficiency ity A y's Office CA11539 R-2 June 10, 2010 ~~°~.4yb in `u~ rS~ (,tied ~L~~'iZ,~. i r' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $664,651 within the FY 2010-11 School Operating Budget MEETING DATE: June 22, 2010 ^ Background: On May 11, 2010, the City Council adopted the City's Budget Ordinance. Included in the budget ordinance is the appropriation of the Schools' budget by the expenditure categories of Administration, Attendance, and Health; Instruction; Operations and Maintenance; and Pupil Transportation. The categorical numbers adopted by the City did not reflect the School Board's final budget numbers. On May 25, 2010, the School Board adopted their Operating Budget by category. For the budget adopted by the City to match the budget approved by the School Board, $664,651 would need to be transferred between categories. ^ Considerations: The total School Operating Budget for FY 2001 is the same amount adopted by City Council. The attached ordinance provides a transfer of $380,073 from the Instruction Category to the Pupil Transportation Category and $284,578 from the Instruction Category to the Operations and Maintenance Category. These changes were discussed and adopted by the School Board. ^ Public Information: Information will be disseminated to the public through the normal Council agenda process. ^ Attachments: Ordinance; Letter from the Chairman of the School Board. Recommended Action: Approval Submitting Department/Agency: Virginia Beach Public Schools City Manager. ~ ~ . ~~ 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO TRANSFER $664,651 WITHIN THE FY 2010-11 SCHOOL OPERATING BUDGET WHEF:EAS, the School Board adopted a resolution at its May 25, 2010 meeting that stated c~itegorical funding with changes to the categorical funding approved by the City Council on May 11, 2010. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $664,651 is hereby transferred within the FY 2010-11 School Operating Budget from the Instruction Category in the amounts set forth below: (1) $3F~0,073 to the Pupil Transportation Category; and (2) $2f~4,578 to the Operations and Maintenance Category. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED ~~S TO CONTENT: ~~I~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: ney's Office CA11533 R-1 June 2, 2010 r ~;y~ ~~~RGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E SCHOOL BOARD Daniel D. Edwards Chalmun District l -Centerville 1513 Beachview Dr'rve VA Beach, VA 23464 495-3551 (h) • 777-0259 (c) William J. "Bill" &unke, N Viee•Chairman District 7 -Princess Anne 4099 foxwood Drive, Suite 201 Virginia Beach, VA 23462 222.0134 (w) • 286-2772 (c) Todd C. Davidson At-Large 2424 Savannah Trail VA Beach, VA 23456 427-33301w) • 285-9409 (c) Emma L. "Em" Devis Disrict 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-6911 (h) Patricia G. Edmonson District 6 -Beach 205 34^ SUeet, #1515 VA Beach, VA 23451 675-0137 (c) Brent N. Alckenzie District 3 • Rose Hall 1400 Brookwood Place VA Beach, VA 23453 616-2736 (c) Ashley K McLeod Al-Large 5508 Del Park Avenue VA Beach, VA 23455 552-0348 (h) Patrick S. Salyer At-Large 1741 Seaton Drive VA Beach, VA 23464 620-2141 (c) D. Scoff Seery AI-Large 222 Central Park Ave. Ste 1300 VA Beach, VA 23462 333-0042 (w) .353.7766 (c) Sandrs Smith•Jonea t)istrict 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Carolyn D. Weems DISUICI4 - Bayside 1420 Claudia Drive VA Beach, VA 23455 4646674 (h) SUPERINTENDENT James G. MertiN, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 263-1007 May 25, 2010 The Honorable William D. Sessoms, Mayor Members of City Council City of Virginia Beach Building 1 Municipal Center Virginia Beach, VA 23456 Dear Mayor Sessoms and Members of City Council: The budget ordinance approved by City Council on May 11, 2010 where the Schools' budget was approved included categorical totals that were not based on a School Board request. The categorical totals were adopted by the School Board at their regular meeting held May 25, 2010 as follows: Instruction _ _ _ _ __ $ 498,514,291 Administration, Attendanc__e_ & Health $ 21,459,974 Pupil Transportation $ 29,925,934 Operations & Maintenance_ _ ____ ___ ___$_ 89,260,351 Total S 639.160.550 Sincerely, ~~ ~~~~ Daniel D. Edwards Chairman, School Board, City of Virginia Beach School AdminisVa6on Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 K. PLANNING Application of DML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS, LLC, for a Conditional Use Permit re a tattoo parlor at 3795 Bonney Road. DISTRICT 3 -ROSE HALL DEFERRED RECOMMENDATION JUNE 8, 2010 APPROVAL 2. Application of RORY CLIFF and MICHELE M. CARTER for a Conditional Use Permit re a residential kennel at 1548 Nanneys Creek Road. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 3. Application of NEW OAK GROVE BAPTIST CHURCH for a Conditional Use Permit re a new social hall, kitchen area, classrooms, conference room main lobby and additional restrooms at 3200 Head River Road. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of BAYLAKE UNITED METHODIST CHURCH for a Conditional Use Permit re incorporating recently purchased property at 4309 Blackwater Road into their existing church site for church-related outdoor activities. DISTRICT 4 - BAYSIDE DEFERRED APRIL 27, 2010 RECOMMENDATION APPROVAL Application of CINGULAR WIRELESS for a Conditional Use Permit re a communication tower at 4021 Charity Neck Road DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 6. Ordinance to AMEND Sections 111 and 212 of the City Zoning Ordinance (CZO) defining the term "Electronic Display Sign" and prohibiting such signs in all Zoning Districts. RECOMMENDATION PLANNING COMMISSION RECOMMENDS APPROVAL OF THE PLANNING COMMISSION RECOMMENDATION VERSION t ~' '~' ^ ' ' . ~ , ~ i 51 ~~_ F~~ ``~~~~w .~ .iL ~: NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, June 22, 2010, at 6:00 p.m. The following applications will be heard: PRINCESS ANNE DISTRICT Rory Cliff and Michele M. Carter Application: Conditional Use Permit for a residential kennel at 1548 Nanneys Creek Road. New Oak Grove Baptist Church Application: Conditional Use Permit for a religious use at 3200 Head River Road. Cingular Wireless Application: Conditional Use Permit for a communication tower at 4021 Charity Neck Road (GPIN 2411550252). CITY OF VIRGINIA BEACH - ELECTRONIC DISPLAY SIGNS Ordinance to amend Sections 111 and 212 of the City Zoning Ordinance defining the term "Electronic Display Sign" and prohibiting such signs in all zoning districts. 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 htto://www.vb2ov.com/~ For information ca11385-4621. ! If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFlCE at 385-4303. Beacon June 6 & 13, 2010 21365611 u~ ,. s i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DML DESIGNS, LLC T/A GODSPEED TATTOO / JETTELLIS, LLC, Conditional Use Penmit, tattoo parlor, 3795 Bonney Road. ROSE HALL DISTRICT. MEETING DATE: June 22, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow a tattoo studio to occupy a 2,000 square foot unit within a larger building. The proposed unit is approximately 150 feet from Bonney Road, at the rear of the building, out of sight from the right-of-way. 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. This request was deferred by the City Council on June 8. ^ Considerations: The operation will include up to 8 tattooists and 1 body piercing professional. The proposed hours of operation are Monday through Saturday, 10:00 a.m. to 10:00 p.m. and Sundays from 12:00 p.m. to 8:00 p.m. Before the applicant can obtain a business license to operate, the Health Department must verify that the business 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 Ordinances requires any tattoo or body piercing establishment be located at least six hundred (600) feet away from any other tattoo or body piercing establishment, and from any residential or apartment district, or school. This site meets this DML Designs, I_LC. T/A Godspeed Tattoo Page 2 of 2 requirement as the studio is 615 feet from the closest residential district. The site, which i:~ undergoing a major renovation, has sufficient parking for the users of the office space in conjunction with the tattoo studio. The almost 23,000 square foot lot has more parking spaces than required by the Zoning Ordinance. There vvas opposition to the request. ^ Recommendations: The Plyinning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following 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 signage for the building and the tattoo studio shall meet the requirements of the Zoning Ordinance with the addition of limiting signage as follows: there shall be no signs, including neon, L.E.D. or otherwise, or neon or L.E.D. accents, installed on any wall area of the exterior of the building, windows, and/or doors. 3. The use of L.E.D. shall be prohibited from any portion of a freestanding sign that advertises specifically for the tattoo studio. 4. The Conditional Use Permit for the tattoo studio is approved for a period of one year with an administrative review every year thereafter. 5. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. ^ Attachments: Staff Review and Disclosure Statements Minutes cif Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager:C k "'°~~ ~~' DML Desi ,LLC t/~~ Gods geed Tattoo ~~ 5 , ~ ~ r. '~_ l- J ~~--,8~~ p ' ,..' I ~ Cg, 9~. vr~rr. s•••r awe •p•~ss .,r,l 82 ~ - y ~ ~ ; B~ -- ~~= 82• _ -- - ~. ,., `I ,, -__ REQUEST: Conditional Use Permit (tattoo studio) ADDRESS /DESCRIPTION: 3795 Bonney Road 4 May 12, 2010 Public Hearing APPLICANT: DML DESIGN, LLC T/A GODSPEED TATTOO PROPERTY OWNER: JETTELLIS, LLC STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14873357880000 ROSE HALL 20,220 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a tattoo studio to occupy a 2,000 square foot unit within a larger building. The proposed unit is approximately 150 feet from Bonney Road, at the rear of the building, out of sight from the right-of-way. The operation will include up to 8 tattooists and 1 body piercing professional. The proposed hours of operation are Monday through Saturday, 10:00 a.m. to 10:00 p.m. and Sundays from 12:00 p.m. to 8:00 p.m. The building where the studio is proposed was formerly a funeral home but has since been renovated. 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. LAND USE AND ZONING INFORMATION EXISTING LAND USE: existing building under renovation with parking lot SURROUNCiING LAND North: Bonney Road USE AND ZONING: Virginia Beach Boulevard • Office, mixed retail / B-2 Community Business District South: Auto sales /Conditional B-2 Community Business District East: Retail / B-2 Community Business District West: Auto sales /Conditional B-2 Community Business District NATURAL F;ESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL FEATURES: to be any environmental or cultural features on the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road is a four-lane undivided urban minor arterial running parallel to I-264 and Virginia Beach Boulevard. Bonney Road termin~~tes at the I-264/Rosemont Road interchange approximately 2,300 feet east of the site. This intersection i:s over capacity, with a 2008 volume-to-capacity ratio of 1.10. The MTP Map shows Bonney Road as an undivided facility in a 70-foot right-of-way. There is a CIP project, #2.018.002 Bonney Road/Kentucky Avenue Intersection Improvements, approximately 2,000 feet west of the site, but the site is not within the project limits. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Bonney Road 14,500 ADT 14,800 ADT (Level of Existing Land Use -106 Service "C") - 22,800 ADT ADT' (Level of Service Proposed Land Use s-108 "D" ADT Average Daily Trips ~ as defined by office ' as defined b tattoo studio WATER 8~ SEWER: This site is already connected to City water and sewer. HEALTH DEIaARTMENT: The owner of the proposed tattoo studio must secure a permit from the Health Department F~rior to beginning operation. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this DML T/A GODSP~ED TAT300 Agenda Item 4 Pa%~- e 2 E request with the conditions below. Comprehensive Plan: This site is located in the Rosemont Strategic Growth Area (SGA). The land use of the SGA is characterized by suburban strip commercial and multifamily residential uses along Virginia Beach Boulevard and is generally encompassed by established single family neighborhoods. The Comprehensive Plan identifies recommends that redevelopment opportunities between Bonney Road and I-264 take advantage of the accessibility to the interstate and transform the existing land use pattern into a mixed use arrangement to include medium to high-rise residential units and midrise corporate office buildings. Evaluation: Before the applicant can obtain a business license to operate, the Health Department must verify that the business 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 Ordinances requires any tattoo or body piercing establishment be located at least six hundred (600) feet away from any other tattoo or body piercing establishment, and from any residential or apartment district, or school. This site meets this requirement as the studio is 615 feet from the closest residential district. The site, which is undergoing a major renovation, has sufficient parking for the users of the office space in conjunction with the tattoo studio. The almost 23,000 square foot lot has more parking spaces than required by the Zoning Ordinance. A graphic is provided below that depicts the distance from the nearest residential or apartment and nearest public school. 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 signage for the building and the tattoo studio shall meet the requirements of the Zoning Ordinance with the addition of limiting signage as follows: there shall be no signs, including neon, L.E.D. or otherwise, or neon or L.E.D. accents, installed on any wall area of the exterior of the building, windows, and/or doors. 3. The use of L.E.D. shall be prohibited from any portion of a freestanding sign that advertises specifically for the tattoo studio. 4. The Conditional Use Permit for the tattoo studio is approved for a period of one year with an administrative review every year thereafter. 5. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. NOTE: Furtitier conditions maybe 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 Cify 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 (OPTED) concepts and strategies as they pertain fo this site. 600-FOOT RADIUS FROM STUDIO TO CLOSEST LOCATION CRITERIA FEATURE (other tattoo parlor, Apartment or Residential zoning district, or school) DML T/A GODSPEED TATTOO Agenda Item 4 Page 4 AERIAL OF SITE LOCATION DML T/A GODSREEO TATTOO Agenda -Item 4 ..:..Page 5 ~~ a 7~ 1 ~~~ 4~ S - - I PROPOSED SITE PLAN DML T/A GODSPEED TATTOO Agenda ltem 4 Page 6 1 01/22/08 Street Closure Granted 2 03/23/03 REZ (I-2 & B-2 to Conditional B-2) Granted CUP (motor vehicle sales) Granted Street Closure Granted 04/13/99 Street Closure Granted 07/08/97 REZ (O-1 to Conditional I-1) Granted 09/28/93 REZ (B-2 to O-1) Granted CUP (mausoleum/cemetery) Granted Street Closure Granted 3 01/23/96 CUP communications tower Granted 4 07/13/93 CUP truck re air Granted 5 10/30/89 CUP (motor vehicle re air Granted ZONING HISTORY DML T/A GODSP:EED TATTOO Agenda Item 4 Page 7 DlSC;LOSURE STATEMENT" APPLtCAN7 DISCLOSURE !f the af~plicant is a corporation, partnership, firm, business, or outer unincorporated organization, complete the following: 1. List +;he applicant name followed by the names of all officers, members, trustees, partners, etc. glow: (Attach list if necessary) DML De:.igns, LLC i i ~ , RegisterE~d agent: David BasGaans _y ~ 4 ~~ ~- v ~ ~ , `~ 2. List ~~11 businesses that have aparent-subsidiary or affiliated business entity relationship with the applicant: (Attach list if necessary) NIA D Chet;k here if the applicant is NOT a corporation, partnership, firm, business, or o#he~ unincorporated organization. PROPERTY OWNER DISCLOSURE Comple~`e this section only if property owner is different from applicant. !f the prt~perty 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) ~ettelis, t.LC Corinne fitastronardi 2. List a!l businesses that have aparent-subsidiary or affiliated business entity relationship wi#h the applicant: (Attach list if necessary} NIA i ~ Check here if the property owner is NOTa corporation, partnership, frm, b~~siness, 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 nature of their interest? Cor,~lit~ana' tsst r'edtstiE ApEsarcaticm P~ge9~~tG K2f'vYSv'i, 7';i:'2i?1'7 i--~ '~ V ..-.. a w w z 0 0 v DML T/A GODSPEED TATTOO Agenda Jtem 4 Page 8 V ~--~ r~ ~---~ w w ~-~ t--~ t "~ ~---+ A O V DtI~CLOSI.iRE STATEA+IENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect #o the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and tegal services: {Attach fist if necessary) ~~='t "'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." Sse S#ate and Local Govemment Conflict of Interests Act, Ua. Dade § 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 in#erest 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 rela#ionship include that the same person or substantially the same person own or manage the two entities; tyre are common or commingled funds or assets; the business entities share ~e 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 acxurate. I understand that, urn receipt of notification (postcard) that the application has been scheduled for pa~blic hearing, 1 am responsible for obtaining and pasting the required sign on the subject property at {east 3fl days prior to the scheduled ptrbl~ hearing according to the instructions in this package. 'the undersigned also consents to entry upon the subject property by employees of the [7epartmant of Planning to photograph and view the site for purposes of processing and evaluating this application. AppDcant' Signature ~_ Pr"+t Na~~ r p ~ . O r;=`ustur.,~~ differentihan applicant) t N,a e ~- & . ~ ~,, ~ „! ,. r i~ Gantlitiz~tat Use Perarut ~n Page f 4 or tr1 Revised 7t3t2'JG7 .. DML T/A GODS~EEO TATTOO ~~ Agenda -Item 4 Page 9 Item #4 DML Designs. L.L.C. t/a Godspeed Tattoo Conditional U:;e Permit 3795 Bonney Road District 3 Rose Hall May 12, 2010 REGULAR Joseph Strange: Mr. Secretary, will you call the next item please. Al Henley: The: next item to be heard is item 4, DML Design, L.L.C. t/a Godspeed Tattoo. An application of I)ML Designs, L.L.C. for a Conditional Use Permit for a tattoo parlor on property located at 3795 Bonney Road, District 3, Rose Hall. Les Watson: IVtr. Chairman, and members of the Commission, my name is Les Watson. I represent the applicant in this matter. My client has been in this business for 18 years, most of it locally. He is t he winner through his career of national awards. He is pretty good at what he does. He and his family are model citizens. They have five kids in the schools. They work at the homeless sr.elters helping out. They are first class, good people. They have been looking for a site for this oI-eration for over a year. They have located this site on Bonney Road. We believe it is not only fully compliant with the ordinance, and also it is fully compatible with the business operations that ,are surrounding it like automobile dealerships, and rental facilities, and so forth. The building, th.e entrance to this particular operation is not visible from the public street I don't think. It is around the rear side of the building. The building is undergoing major renovations of the old Kellam :Funeral Home. The property is completely secure. The entire second story of the building is operated by Guard-Us Security Systems, so there are some professional security people on the property at all times. I say that the entrance is private. It is on the rear of the building. We believe that this application is fully compliant with the conditions set forth in the code. My client:; intend to operate this facility in full compliance with all of the ordinances and regulations, which are applicable. We have reviewed the conditions that were included by the staff, and we find them completely acceptable obviously. We respectfully request your favorable consideration of'this application. I will be happy to answer your questions that you have. I think there maybe some opposition. We will be happy to respond once they've had an opportunity to speak. Joseph Strange: Thank you Mr. Watson. Are there any questions at this time? Okay. Al Henley: Mr. Chairman, we have one opposition. Mr. William Bischoff. William Bischoff: Good afternoon. I am Bill Bischoff, and I represent Ancient Art, and it is competition for this applicant. About nine years ago, I was hired by Ancient Art to challenge the Virginia Beach ordinance banning tattoo parlors in the City. After considerable litigation, we were fortunate e~iough to have that ruling or have the ordinance overruled, and it as sustained by the Supreme Co~~rt of Virginia. When that occurred, we applied for a tattoo parlor license for Item #4 DML Designs, L.L.C. t/a Godspeed Tattoo Page 2 down at the oceanfront. We were told that we could not do that because the City was in the process of developing the regulations necessary to establish where these facilities should go. We challenged that in court, and unfortunately, we lost that one. So, we had to play by the rules that were established by the City Planning staff and the City at that time. Those rules established a map, which had red marks located on it as to where tattoo parlors were allowed. So, we chose that location using that map, and using that set of rules, and my client put a location over off of Cleveland Avenue. Now, it is interesting of course that most of the locations that the City approved and put on this map were those that didn't really have great visibility. They were tucked away in areas that you really couldn't see from heavily travelled roads. Now, the reason we oppose this is that, and I'll stand corrected if I'm wrong because I was just retained on this yesterday. But if this location is in one of the locations shown on that map, I'm going to withdraw my opposition, because those were the rules that were established nine years ago for all the players that wanted to be involved in the tattoo business. I do not believe it is one of those red zones but I'll be corrected if I'm wrong. We don't fear competition. We just want a level playing field. The level playing field says that the rules were established that allowed that nine years ago. Should that stand forever, of course not? If there is a significant substance of change that allows that makes an appropriate change like this, such as the neighborhood has changed, then it is perfectly acceptable. You have the authority to do that, and the Council has the authority to do that. I don't believe there is a substance to change here. And therefore the rules that we played with should be the rules that these newcomers are playing with today. Thank you very much. I'll be happy to answer any questions. Joseph Strange: Are there any questions for Mr. Bischoff? Al Henley: There are no other speakers. Mr. Watson, if you would like to rebut? Les Watson: I think Ms. Lasley might have something to say. Karen Lasley: Would you like me to direct the issue of the map? Christopher Felton: Yes please. Kazen Lasley: I'm Karen Lasley, I'm the Zoning Administrator. This is the map that has been referred to, and perhaps there is probably some misunderstanding between me and Mr. Bischoff's client about that map. This map was done really to make certain that there were places in town where you could have a tattoo pazlor. They aze only allowed in the B-2 District as a Conditional Use Permit, and they have to be 600 feet from a school. So, this map, and actually the attorneys had us do it to make sure there were really places in town where you could have a tattoo parlor because you can't have rules so tight that you can't have them anywhere. There is nothing official about this map. It is not a Zoning map. It is just a guide. So, then after the regulations were adopted we gave this out to anybody interested who was trying to find a place for a tattoo parlor as a guideline to help them find a location. But we work with everybody on a case by case basis, and I did most of them myself back then. I had a compass that I kept in my desk that was set to the 600-foot radius, and people would come in with a site, we would measure it out. I don't remember working with Mr. Bischoff's client on that, and maybe because Item #4 DML Designs, L.L.C. t/a Godspeed Tattoo Page 3 of the court case we didn't communicate well. This was never an official map. What we do now because it is sc- difficult to meet that 600 foot require is that we measure from where the tattoo parlor is going to be. You can see on this general map. I'm sure they measure the 600 feet from up here, and it came within 600 feet probably from this residential strip up here, so they didn't color it red, th~it this applicant had these middle units, and it does as you can see from this meet the 600 foot requirement. Just barely up here, and that is why it wasn't on this map. This is just a generalized m~ip, which was never meant to be a black and white guide to this. Janice Andersen: In your write up, you have the criteria for these tattoo parlors to meet. The criteria in Section 242.1, has there been any change to that criteria? Karen Lasley::No, it hasn't. Janice Andersen: Okay. Thank you. Donald Horsley: Karen, open that map up. What does it say at the top? Karen Lasley: Commercial property available for the use of tattoo parlors. Donald Horsle~~: In other words, this property is available. It doesn't say it's the only property. These are prop~;rties that are available. Karen Lasley: Right. This is kind of a demonstration map. William Bischoff: Mr. Chairman, I know I used my time but I would like to respond to that because I actually have some documents that share some light on that. Joseph Strange: Would someone like to sponsor Mr. Bischoff? Janice Anderso~l: I will. William Bischoff: I'm Bill Bischoff, and I represent Ancient Art, a competitor of this applicant. Let me show you a letter that Ms. Lasley, I'm not picking on Ms. Lasley, she does a great job. But it did happen nine years ago, but I think it is important that we have some institutional history and memory here. We applied for a location, as I indicated that at the oceanfront, and Ms. Lasley denied it. She said we can't do it because you don't meet the criteria. And says, "We have a maI- here at the Zoning Office that shows the areas of the B-2 Community Business that meets the location requirements. I hope to be able to provide all tattoo applicants with a copy of the map by the end of the week." This established the guidelines folks. That is also established by the verbatim transcript when I appealed this ruling by Ms. Lasley to the BZA. We had a hearing or- it. It was a considerably large hearing and a long hearing. Ms. Wilson, again my friend, and I'm not picking on her indicates in this verbatim that we have similarly situated businesses in thc; same category body piercing, permanent make-up, and tattoos are governed by the B-2 rule. Tl;.ere are many locations that businesses could go in. There is a map. They show the businesses. 'That was also supported by Ms. Lasley's comments from this verbatim. This was Item #4 DML Designs, L.L.C. t/a Godspeed Tattoo Page 4 in September 2001, where it says "so I knew that these amendments were definitely pending and City Council was going to make a determination of where they felt, as our community leaders, where tattoo parlors should be permitted". And where they were permitted is a map that showed exactly where we were allowed to go or where anybody else go could go. And based on that map, we made business decisions. And now they aze asking you to change the rules. I would also point out for curiosity sake, Governor McDonnell, then Attorney General McDonnell, Bob McDonnell heard that, and supported the tattoo parlors, and he confirmed what I'm arguing today. I don't know if you could see it from here. He's talking about the map, and basically what is in red is what's permissible. So, that is our position. We don't fear competition. We just want a level playing field. Bill Macali: Mr. Chairman, I need to address some of these comments in advance of Mr. Watson. I was involved up to my neck. I'm basically the attorney who was handling the tattoo pazlor controversy back then. The application that Mr. Bischoff is talking about was in the RT-2 Zoning District at the beachfront. There was absolutely nothing in the Zoning Ordinance which specified that you could have a tattoo parlor in the Resort Tourist District. What actually happened was there actually was a state statute that said a locality had the authority to ban tattoo parlors everywhere. The city did that. The State statue was changed to strip that authority from cities, and to leave the cities authority to regulate pazlors. Before the City had a chance to amend its Zoning Ordinance, a representative of Mr. Bischoff s client came to the Zoning Office demanded that Ms. Lasley approve a business license for this site. Ms. Lasley and I spoke right at that moment, and our answer was "no we're not going to do that." There is nothing in the Zoning Ordinance which allows that in the RT-2 Zoning District. They appealed that decision in the Circuit Court said that the City was altogether acting appropriately in that matter, and gave the City a certain amount of time to come up with some reasonable zoning regulations for where tattoo parlors could go, and the conditions on which they could go there. We did so well before the deadline that the court said. Now, this map was intended because we were mindful that you can have zoning regulations which aze so strict that they do not allow anybody to go there. So, we asked the Planning Department to prepaze a map showing all the locations in the B-2 Zoning District, which was the only Zoning District which tattoo parlors were allowed that aze not within 600-feet of residential or apartment districts. I believe a bar, and a school, just residential district and schools. Now, Ms. Lasley explained that. You can see the scale of that map is pretty tiny scale. It is citywide. They measure from the edges of zoning lots where B-2 was. Now, that is because you have absolutely no idea where on a B-21ot a tattoo pazlor is going to be able to go. If a lot is 400 feet long north to south, it could well be within 600 feet of a residential or apartment district or a school if it is on the northern part of a lot, but not on the southern part of the lot. You see here that is pretty much the case where this particular business is 15 feet faz enough away from the residential district to be allowed. More than that, that map was never ever represented or intended by the City Council to be a binding map showing where tattoo parlors were allowed. The Code only says B-2 Community Business District not within 600 feet of a school, a residential district or an apartment district. Those are the only rules. Obviously, the applicant here has taken the initiative to actually reseazch to see if this site is an acceptable site. They didn't rely on some map which was created for demonstration purposes nine years ago. I think by saying that the rules aze being changed, that is really not our view of it. The rule was the zoning ordinance and not the map. It is really not a correct representation to call that map Item #4 DML Designs., L.L.C. t/a Godspeed Tattoo Page 5 anything approaching a rule. It was there to show that there are places in Virginia Beach where tattoo parlors ran go. So, I thought the Commission would appreciate the institutional knowledge I h~~pe I have been able to input just now. Joseph Strange;: Thank you Mr. Macali. Karen Lasley: Let me add. I did give this to people looking for a tattoo parlor location just to be helpful so that they had some idea of where to start looking. Joseph Strange : Thank you. Bill Macali: Ir.~ addition, I have to mention that once a tattoo parlor goes up that 600 foot circle applies around that, and since the tattoo parlor wouldn't have been on that map 9 years ago, it wouldn't be in red. So, that map is not something you can rely on at any point. You understand what I mean? ~~nce a tattoo parlor goes, 600 feet is out, and it wouldn't have been out of the question on that map back then because the tattoo pazlor wasn't up yet. That is just another indication. Thr; zoning map is binding. The tattoo map was just intended solely for an illustration to show people, look there are places in the city where you can go. It wasn't intended to say these aze the only places to go or you shouldn't do your own research. Joseph Strange; Thank you Mr. Macali. Mr. Watson? Les Watson: Vf~e agree with Ms. Lasley and Mr. Macali. We think Mr. Horsley hit the nail right on the head. It was intended for a place where they could go but not the only places they could go. And, we aze guided by the ordinance, which has been adopted by Council, and it says we can't be within 600 feet of another tattoo parlor, or residential or apartment district, or school, and we're not. So, again we respectfully request your favorable action on this application. Joseph Strange: Are there any questions for Mr. Watson? The hearing is closed. It will now be open for discus;>ion among the Commissioners. Mr. Redmond? David Redmonci: It seems to me, and kind of sort my definition of what constitutes a level playing field is whether or not everyone has the same opportunity. There is nothing to prevent any tattoo pazlor or similar business establishment from leasing that space. What is for sure is that over the course of a number of yeazs, the real estate environment is going to change. Some azeas aze going to become appropriate by virtue of changing in the housing pattern that is occurring right in and azound the azea azound Oceana. And, some are going to become inappropriate b}~ virtue of new development. A 600 foot buffer is going to get reduced. This particular site, I think was a funeral pazlor for many years. It was nothing to lease there. But, it just so happens that this business decided to lease this space. It doesn't mean that any other business including Mr. Bischoffls client or the next application that we will hear for any other that we might h<;az could go there. It strikes me that it is kind of a level playing field if everyone has the same op~~ortunities. I don't really find any basis to oppose the application. Joseph Strange: Thank you Mr. Redmond. Mr. Bernas? Item #4 DML Designs, L.L.C. t/a Godspeed Tattoo Page 6 Jay Bernas: I would like to make a motion to approve. Joseph Strange: Okay. A motion is made by Mr. Bernas. Christopher Felton: Second. Joseph Strange: A second made by Mr. Felton. The vote is open. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE 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 the application of DML Designs, L.L.C. Joseph Strange: Thank you. __ t ~o ~ ~~•nn n w,r• > > wit !`/__~ ~.~~,~ L-1V Ma Not to Scale Korv LiirI ~ ivlicneie Ivl. ~,arier ~~~ G1 AG2 AG2 a c~~ a , li ~ ~o '~ ~ ~~ ARP ~~ . 11 a ~ i% a ARP ~ :~ ARP O f:' 1.` D ~ ARP i. ,~ AG2 A.R RP ~_` ~i~ R P A !!~~ Q 0 R t ~ p ARP RP A %~~~ pp ~/ r " AG2 a ARP ARP l' ~1 ARF~IPFP A (,_J ~ ~^' ;AG2 ARF' AFP A.RP ARF' kP A RF' P ' ~ ;% I ~r ~ AG2 ARP AR ,~(@~~qq~ . . ~ ~ %~ I~Af~P AFP A RP ARP AR ,~ ~ ~~~ wnn condroons~Pronen CUP for Residential Keni f~; ~ NU~"E"GS. .s ~~ ,,.. ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RORY CLIFF 8~ MICHELE M. CARTER, Conditional Use Permit, residential kennel, 1548 Nanneys Creek Road. PRINCESS ANNE DISTRICT. MEETING DATE: June 22, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow a residential kennel on this property, which is zoned AG-1 and AG-2 Agricultural Districts. The applicant raises internationally recognized Borzoi (Russian Wolfhound) show dogs. The applicant currently has nine dogs on the property, but is requesting a maximum of 14 with this Use Permit. ^ Considerations: The applicants have been breeders of Borzoi (Russian Wolfhound) show dogs for many years. The applicant currently has nine dogs, but is requesting a maximum of 14 dogs. A primary reason for the request for 14 dogs is that with this particular breed, according to the applicants, it is difficult to determine specii•ic confirmation traits relevant to AKC standards until the dog is over six months old, and six months is the age used by the Zoning Ordinance for determining the number of dogs on site. The ordinance does not count dogs under that age. The applicants emphasize that the dogs are bred specifically for showing, rather than for selling puppies. Section 223 of the Zoning Ordinance, which regulates this type of activity, requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot, except where the animals are kept in soundproof, air-conditioned buildings. The kennel on the site is temperature-controlled with both air conditioning and heating. Moreover, no complaints have been registered with either the Police Department or Animal Control, and the animals appear to be very well kept. 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: Rory Cliff & Michele M. Carter Page2of3 1. No more than 14 adult dogs (over six months of age) shall be kept on the propE:rty at any time. 2. The ~ipplicant shall maintain the dogs in a current status on any required shots and :;hall properly license the dogs through the City of Virginia Beach. 3. The clog litter shall be picked up and disposed of on a daily basis. ^ Attachrnents: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommendecl Action: Staff recommends approval. Planning Commission recommends approval. Submitting DelpartmentlAgency: Planning Department City Manager: k , ~~ r~nr~ ~,~~~ a +iiciieu~ wt. ~ .u•rer ..._. AG2' AG2 AG7 • +*+x win a~w,..e.n t'mnn AG2 AG2 AG2 A.G2 REQUEST: Conditional Use Permit (residential kennel) ADDRESS /DESCRIPTION: 1548 Nanneys Creek Road 3 May 12, 2010 Public Hearing APPLICANT & PROPERTY OWNER: RORY C. CLIFF & MICHELE M. CARTER GPIN: ELECTION DISTRICT: SITE SIZE 24107616550000 PRINCESS ANNE 4.91 acres STAFF PLANNER: Carolyn A.K. Smith AICUZ: Less than 65 d6 DNL The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST residential kennel on this property zoned AG-1 and AG-2 Agricultural Districts. The applicant raises internationally recognized Borzoi (Russian Wolfhound) show dogs. The applicant currently has nine dogs on the property, but is requesting a maximum of 14 with this Use Permit. The dogs are kept in an air-conditioned and heated kennel that includes a bathing and grooming facility. The kennel, which formerly was a garage, is detached from and located behind the single-family house on the property. A large fenced area with runs for the dogs is also located on site. LAND USE AND ZONING INFORMATION EXISTING LAND USE: single-family dwelling with detached garage converted into a dog kennel SURROUNDING LAND North: Woods, cultivated fields / AG-1 and AG-2 Agricultural Districts USE AND ZONING: South: Nanneys Creek Road • Single-family dwellings / AG-2 Agricultural District CLIFF AND CARTER Agenda Item 3 Page 1 East: Single-family dwelling, cultivated field / AG-2 Agricultural District West: Single-family dwelling / AG-2 Agricultural District NATURAL RESOURCE AND The site is within the Southern Watersheds Management Area and CULTURAL FEATURES: entirely within Flood Zone AE. As no new structures are requested, there is no conflict between the floodplain and the proposed use. IMPACT ON CITY SERVICES WATER 8 SEWER: This site is not served by either City water or City sewer. The site is currently served by on-site systems. TRAFFIC: The proposed use is not anticipated to generate traffic volumes beyond that of a typical residential use. ANIMAL CONTROL: There have been no complaints or issues at this property related to the animals. EVALUATION AND RECOMMENDATION The applicants have been breeders of Borzoi (Russian Wolfhound) show dogs for many years. The applicant currently has nine dogs, but is requesting a maximum of 14 dogs. A primary reason for the request for 14 dogs is that with this particular breed, according to the applicants, it is difficult to determine specific confirmation traits relevant to AKC standards until the dog is over six months old, and six months. is the age used by the Zoning Ordinance for determining the number of dogs on site. The ordinance does not count dohs under that age. The applicants emphasize that the dogs are bred specifically for showing, rather than for selling puppies. Section 223 of the Zoning Ordinance, which regulates this type of activity, requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot, except where the animals are kept in soundproof, air-conditioned buildings. The kennel on the site is temperature-controlled with both air conditioning and heating. Moreover, nc- complaints have been registered with either the Police Department or Animal Control, and the animals ~ippear to be very well kept. Staff, therefore, concludes that the request for a Conditional Use Permit for a residential kennel is acceptable, subject to the conditions below. CONDITIONS 1. No more than 14 adult dogs (over six months of age) shall be kept on the property at any time. 2. The ~3pplicant shall maintain the dogs in a current status on any required shots and shall properly license the dogs through the City of Virginia Beach. CLIFF AND CARTER Agenda Item 3 Page. 2 NOTE: Further conditions maybe 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. CLIFF AND CARTER Agenda Item 3 Page 3 ~ * ~~: d _, ;~ z ..ar ~.c ~ '"~~. ,,.;.`.. ..,r. `~#° . ~ 'FC~r ~r arc + Prn ~ ~~~ ~'~~ r -~ ~:` ~ ~* ' ,~ ~~ >.. ~,,, e r,. .. ~~'",~ ~ .F ~~~.,~ ~ it • , r - Kati, ~. .. .~ , - _ , _ _ ~.,, N ~°~-~..,,, ~~" ~ ~, -~~.. ,. ,,. ~~ t° ~ '~. ~ ~ ' ~~ ;~~.` L ~ t („ 3 ~' i ~ ~ 'k~~ -.~ ~ Q .~ !5 ~~fy ~ jy4' t r'~, ~ .~ , ~` r ,r. ~ , t a ' ~` ~ ,j x~ ., ~~ . ~ ,t' ~ ~.H ~ ~ /~ jl 1 M1 r ~,1F _ I ? .~ ' ~y , .ri ~a f f t ~ f ~ ' *~ L- R ~ ~~ ~ I~~ ~ ~.~ ~ AERIAL OF SITE LOCATION CLIFF AND CARTER Agenda Item 3 Page 4 ` ~.. ~ ` ar . f 1' t ,~ ~,~,~ ~ t - -~;. ~ - ~ ~ ~~ ~ -~ +~~,~ ~ 1 .~ ~ ~ ~ ~, . i '~ ~' •+ -. ~ ~~ ~ ~~ Its ~ ~ ~ -~ A ~•' „i ~ :,- .. + .. • ~,~'~ ~ ~ ~ • ~ .+~ ~ ~ ~ ~ ~. • f ~ ~ tiI + ~ a ~~ • ~ ~ a '~, ~. ~--~" ~-o t ~ .. , , .~, '. ~ ; 1 ~/ ~~'t~ ~ ' ~~~~~ ..M ~ ~ '~ti. nfi~Il ~ s. ~a • ~. ~w • ._ SITE SURVEY CLIFF AND CARTER Agenda Item 3 Page 5 slap L~-18 ~(li'[' ~~Ift~ [~ ~`T1C11~IP ~`~_ ~di'tE'1' ( r ! ~ ` ~+ j ~ J ~'~ -__ AG2 ; : ~ = ~ ~ r "" f ~ ~ ;,, , _~ ~ , ~ "~~" ' ~~~ ~ ~ ~ I I -- . ~ , , r~ \ { , f ,, ''~~ ~,\.,..:,~ ..T, AG2 -~ ~ ~:: ' ~ ,~: ~ ~ AG2 ~. , AG2" - ` ` ~~ AG2 _ +~ g , AC~9 ~~ ,;~ ;` AG 'ZoninywithGoroiiransf'roHers CUP for Res%de»fial a»»el 1 01/09/01 Subdivision Variance Granted 2 03/14/95 Subdivision Variance Granted 3 08/25/86 CUP horses boardin Granted 4 04/14/86 CUP sin le famil dwellin Granted ZONING HISTORY CLIFF AND CARTER Agenda Item 3 Page 6 i =-_ _ . 1 DISCLOSURE STATEMENT ~; _ _- __- _:_:_--__------i~ APPLICANT DISCLpSURE If thrr ,,fapiicant is a r'orp(}r.~trr.~r3 ~a~1r{rtC•ri;ltr{-.fiat,. !s!3;,in:~~::• !i~ +3i~rer 3r;uncr}ri,,_n,tti~r± r~ry,trtir~+tion, (:om{-ic9le Iht' fc}flrrvrrng~ 1 List the applicant rtanre toNotl=eri try ih~? n~ur}c;{ ctf ali !7rf~cers rttr:ntl:3~rs. trusfee~. partners etc. bel0ev: (Att~,r;h Irsl r! nrrr:css~t~;•i ,' I' r '3 ; -ice' - __ ~ ~ '_.;:~ t ~ - - - _- - _ ._.. _ _ __ - .' List rail hu5lnessr?s that ft tvf_• a3 p;~rc~nt sukr,,icii.3ry r;r :}ft3l zit(:,::,i,sinr~~.~; entity- relatirtrtsh3t> 4vikf3 fltc~ atalitir_arrt. fllilrtia, tt~;? tl rteeessaryi -- - - _ C~ c_nec~k k}t:re tf thr•~ r+pplicant is NQT3 crrporatiim {>,trtrictrr-fui~ fun.. hu~3nes5 er __ utft+:r unu3cnrpor.~teri nrr;ari,%:;iic_ut. PRQPERTY OWNER QISCIO~URE Gn1;7(NCf,= flllS 88+alnfr Ltl/y' !!~t~C)J)f?!tV (7t477i?" tS ~lffiefFft( 1rOrl' ii/~(i!1G~"7rR! If the ;~rcpertv vv,~n%r is a c,urpr,r~3ticm, partnership, kirrn, husuicss. or :~thr.r unuu cu~t,r,rsttetf r~rg,ani~ation. cnrll{Mete itu: tt~lfuwitrt~: 1. Li_;t ttri: fnutrtriy ctwrtr:t r3dnit; 1 ~ii~wed ~y fhr: rtan3os of III oftic3:rs. ntr:•nrk,rr tYU~•teE.S;, ;j~rtt3!;(i,. 111e,. kr('I:av~` (ft!7~'3GI; 115! 1!tlecr7~[:;:3ty'I "r. List r}li t%usrntassr~~ that tt~avr= ;~ ;i~~rr nt-subSiUiary ~ or ~affili<itcr; k;u5in+as entity r{.iatrr,nshi{-, ',:~tl, thr al3{>lit;,nit- fAtt,}ch Iistt`t-ecess~,ty) ^ l~her;lc htsrr: if thc: t,rr,{tr-,•rry c;t,••;ner i5 N©T.- r;nr{}cuativn. t,artnership. fine. business or other unincorparalcrl or<~arti~afion. !^~---,t _~ ~~ ~f ~~ /~ Lit-,r`. c rl lltflC}31 Ot ~'9~',;;)t ,~[;(} ('t (Itr: (',(~ y ~.'il. ' ~~ ' _~'~l!?. Lit=F3Ch f ; ... ; 3r i ! it`'L; :.i 1I' t116 su3 tc ;t lan;t'.' 'r r•r= (d~; . If vF.~ t^,hat r~ the n<337ir` r,t the cffi ;i..~i r.~t e:rt,t,li~}er'r' anrf tltE' n~ttnr. cif tnr.Ir interNSt"~ ~~ ,~. DISCLOSURE STATEMENT CLIFF AND CARTER Agenda Item 3 Page 7 z 0 v a w w a.. w z 0 a z 0 V __ - _ _._ C~iSC~USURE STATEMEN ~~ '4 .. -_.._. ~_.____ _ .__.. _ _ j ADDITIOtdAL DISCLOSURES LlSE alt krtotvn nontra~tur~ ~r L[i~i,tt~s~>f~~ tlt~~t Yrl~~e ;}r'rrAt I',rrrrtt!~; +r\~ices :nth rf-~s;,i>'~:t tr,± the rec}ucsteri t,rot;e:rty uGe: i?+ctuciitty Inlt nr,t !,tl;sted ti, tllf-~ f,rsr\-t~if~r~ of al-Chite:.iurrlt Sf^.C`,iiCt?S (Gdt @Sitltf-? of?!~It:t'~; til'ilnf;f-:~ :~;IVI(:t::i, il('('i?1111t1t1(j [it::rt;l_f.i, ilflCi If,'C~i)~ SE;rV{r;f':;' i%~ttil(°h tl t 1! j?F'C,G'~ti;i~it i ~k __- _ ___ _ _ . _ _ _ __ _ . - I .j _-__ _ _ ._.__ _ _ ____ ._.. . _ . _- _ r P;trelli-subs;~3t,+r~ r•~i~tt~!^-shin, r»F'»,n~ 'a 121c1tir?nStilF,':h;It ~.ri ~tS ,•.li:~(1 urif_ ',ICtUfiitlUll CiIC@f;tt'r Lr t(l~iri;C,[! !i'd'ls PI?~llt:: =;~)S:~E'SgiC11 r11f;(E' tt'„lh; `,'U Ur'1:f',It J. . 1C :i't!:i 1 ,•l,•; r_t' Gt 3noth£~r ~-~r.^vp<ltit'It `>i.'t `7t~.fi=- 1 , ' ~.•t ~~, t' f- ~;nd~7Ca!LCVerrl,l;.r,..a;llilv..t~:+r.~rr~'st~- ., /~tfdf~led t:~15;ru:::; :,r t ; ?~ i tr;l;;gtl~r (ll~ars tl r~tat:r.+tl~;tut ctrl;:-r h.ln r+a(E~rt Sl,ti:i[+ICtl~lfY ri;tltl0l"J~tll€ t`{7i i-y,+' t~ .IC~f'!1 tit iJrlf. ~?U: If1Q67- i'ilt'i+, tlriS c! Lr_,t;Il(+Iht1Ct (ri.VrrftilS~~O fli[i'{-!.`..+ +il tttti: (7tilf'{ t}i . -( .....': E'fl;',ty L111 ,.: ~l7rltl'Jttlll~ l)1V,lt.[ I',! Ut;t' 4:1It1'+~ It, ,.ft..t~ . CC,(I!(t1,~Jf?!"J ~;~A'fl"f 2(i tt'E Ottl~f .=.!tttiV, %~ 1111: t'lC'1'ft I••.:.ildrrw•„1 t+,rtrlaY"1t~11"iBfl! t't f::++t'[lt^ !++'t'.ttf'+-'tl tile' t'JIISiI!t~;ti rrlt!i~'-5 F.; C;IC fs tiiltt ,..:_. ti'. t' -~:7t, c,1 ;~r;,~ j i"f rlrlf:rr3 riil~f rlt ?ir. t :+?:'1+ r+< r ,..~ , .af(tll;.lif ., •.. . C.USIfIf;_.. Cflltl[)~ retA[t!i la+:,t; I!i. Utz. t'ici1 it;" Stfr3JU ~UI;,L;tl G' ,.!I[i} t;ln!I.'1~:}~ tttt, .,;.ill+(~ ,!t'!ti(".I. ! U:':(V ur I11~711dC#f' i!ir' {Y~;: ~'.; t;ltir;:, the C~ Lt(F .^.Ofl~lT'lC'[l !)1 C(?rrltllJnf)~PC1 !t.1r1C1.`.b Cti' 1SSH'= t115 taU.ltf!=~ ~=: 611JItIf5 ;+i'ial(~ t11+: k+.u~ :J1 `t!11! S:lflii.: U~~i(:ES Cl( t?!11i?tp}~t,C~ +^r C7t'llt-^.Vtti(~ cY[~r~ -~,1•.r~r~(',.- rtrsCtUrCNs qr pe-rSOn:lz' ~•r , !f ;tula; C;a..i:: ,,r tht:r~ !5 •ithfcr,l.isr ;+ tlct~.f~ •,trul~irtG rc'I~ tiUrslli{" t~et~.veen the entith:~. ,rfr ~,tiitf'. ~lr'.i t_C1ri1i Go~~cunrne+lt Cct~i(II(;t Ut ffl;erasis nct, \/s 4f:,!;F ~; '?.: 31 tY1 j CERTIFICATlC)N: ,,. ... a ,., .-:' ,.:.,r::;, -rr-t.~.n ~ h,;.r,., .".,, 1 :.. , .--+~,. fl 1G~"i.+ uid illat 1, ! + 7 I t ~ ft':1 [h t tt ,( {+h :,.. I f -.: Ilf `t i J. 'h : Ft , t ;J F ; ,,' { ItiC f i ~t17 '! tl f y ; +i ;•' , il. ~, , t ("I ,1. fh ;.. ~ 1 .t :i i r.:.~ . ~.rl t. ,I:_ .. _! .. a:.. I, ., 1, :f ,ft.~~rc!l ) t,, lr,r „r ~?rr, rl tl , :r, h. (t ~. :<!tihfn r itS , ,at' [ :,,e 1 + fl[. J+.. t fl'~t Y y ~`t~ If: -\ ! )r t ~ tn'_ It ;.. ,-r~~!I+l J ti '~Y:1t,. ~ .,!,. I . ~!t~ t 'J , i.(~".1C ~ i + ~-1 u1-.. , L,..!iit t.~i . .,}:::~ t :it~~ ~' r ,, -, . t i DISCLOSURE STATEI111fNT CLIFF AND CARTER Agenda Item 3 Page 8 Item #3 Rory Cliff & Michele M. Carter Conditional Use Permit 1548 Nanneys Creek Road District 7 Princess Anne May 12, 2010 CONSENT Jay Bernas: The next matter is agenda item 3. This is an application of Rory Cliff and Michele M. Carter for a Conditional Use Permit for a residential kennel on property located at 1548 Nanneys Creek Road, District 7, Princess Anne. Is there a representative on this application? Welcome. Please state your name for the record. Michele Carter: Michele Carter. Jay Bernas: Are the conditions acceptable? Michele Carter: Yes, they are. Jay Bernas: Thank you. Michele Carter: Thank you. Jay Bemas: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Russo to please review this issue. Phil Russo: The applicant requests a Conditional Use Permit to allow a residential kennel on this property, which is currently zoned AG-1 and AG-2. The applicant raises international recognized Borzoi (Russian Wolfhound) show dogs, and the applicant currently has nine dogs on the property but is requesting a maximum of 14 with this Use Permit. The primary reason for the request for 14 dogs is that with this particular breed, it is difTicult to determine the specific confirmation traits relevant to AKC standards until the dog is over six months old, and six months is the age used by the Zoning Ordinance to determine the number of dogs on the site. The ordinance does not count dogs under that age. The dogs are breed specifically for showing rather than selling for puppies. The animals are kept in soundproof, air-conditioned buildings with hot tubs. I was just kidding about the hot tubs. I just wanted to see if you were paying attention. No complaints have been registered with either the Police Department or Animal Control, and as a result, the Planning Department has determined to put this on the consent agenda. Jay Bernas: Thank you. I will make a motion to approve agenda item 3. Joseph Strange: Do I have a second? The motion has been made by Commissioner Bernas and seconded by Commissioner Katsias to confirm agenda item 3. We're not ready to vote. Item #3 Rory Cliff & Michele M. Carter Page 2 AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: Bar a vote of 11-0, the Board has approved agenda item 3 for consent. 'Zoning w1tl, ComlMi~ms~ProNen cur ror cnurcn ARP -Agncultural Reserve Program OverYy Nu ~S'. . S ^~~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW OAK GROVE BAPTIST CHURCH, Conditional Use Permit, religious use, 3200 Head River Road. PRINCESS ANNE DISTRICT. MEETING DATE: June 22, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow development of an addition to an existing church, which was built in 1940. No Conditional Use Permits were associated with the construction of church facilities during that time period. ^ Considerations: The applicant is proposing an addition that will consist of a new social hall, kitchen area, classrooms, conference room main lobby, and additional restrooms. The total square footage of the addition is approximately 16,500 square feet. The existing sanctuary space seats 250 people and will not be expanded. The church office reports attendance currently at 175 for Sunday morning service. The church offers a 9:30 a.m. Sunday school followed by an 11:00 a.m. worship service. There is also a Wednesday evening Bible Study. The church office hours are 9:00 a.m. to 3:00 p.m. on Monday through Thursday. There is no day care and currently no plans to hold daycare at this facility. The building itself is located back from Head River Road and the majority of the addition will be on one side of the building to avoid conflicts with the existing old graveyard and drainfield. The church addition continues the use of the brick veneer but with an updated look. Metal roofing is used with a larger cornice treatment. The main lobby wraps around the existing front entrance to allow the natural light into the space and provide for. handicapped access. A new spire 85 feet in height gives more prominence to the facility and identifies the church as a spiritual place. The proposed addition will displace a significant portion of the existing parking. Most of the new parking will be relocated to the front of the building in order to preserve the large trees and avoid any wetlands to the rear. New Oak Grove Baptist Church Page 2 of 3 This proposal for a church addition is in conformance with the Comprehensive Plan's recommendations for the Rural Area. The updated architectural design for the proK,osed addition still reflects the traditional elements of the existing church with its ~.ase of brick veneer and the tall spire. There v~~as no opposition to the request. ^ Recomi~nendations: The Planning Commission placed this item on the Consent Agenda, passing a motion ley a recorded vote of 11-0, to recommend approval of this request to the City Council with the following condition: The site shall be developed substantially in accordance with the submitted conceptual site layout entitled "New Oak Grove Baptist Church Addition" prepared by MSA, P.C. dated 03/01/10. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. ^ Attachnnents: Staff Re~~iew and Disclosure Statements Minutes ~~f Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DeF~artment/Agency: Planning Department City Manager ~ .~~''~ '~:~~ ~i~~;~ ~3ai: Ba Mist ~'hur~l~ AG1" iii R~# t __ ~~~• ~~z ~ ~cz a~, ~ - ncz „~ ,~~ z' t~~} AtCi2` 6Lra11 ACi# :. f!lAPar Chareh MTP+pq~k~lwNRww~rM.grow 1Mxy REQUEST: Conditional Use Permit (religious facility) ADDRESS /DESCRIPTION: 3200 Head River Road 7 May 12, 2010 Public Hearing APPLICANT AND PROPERTY OWNER: NEW OAK GROVE BAPTIST CHURCH GPIN: ELECTION DISTRICT: SITE SIZE 13897505020000 PRINCESS ANNE 7 10.2 acres STAFF PLANNER: Karen Prochilo AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of an addition to an existing church built in 1940. No Conditional Use Permits were associated with the construction of church facilities during that time period. The applicant is proposing an addition that will consist of a new social hall, kitchen area, classrooms, conference room main lobby and additional restrooms. The total square footage of the addition is approximately 16, 500 square feet. The existing sanctuary space seats 250 people and will not be expanded. The church office reports attendance currently at 175 for Sunday morning service. The church offers a 9:30 a.m. Sunday school followed by an 11:00 a.m. worship service. There is also a Wednesday evening Bible Study. The church office hours are 9:00 a.m. to 3:00 p.m. on Monday through Thursday. There is no day care and currently no plans to hold daycare at this facility. The church addition continues the use of the brick veneer but with an updated look. Metal roofing is used with a larger cornice treatment. The main lobby wraps around the existing front entrance to allow the natural light into the space and provide for handicapped access. A new spire 85 feet in height gives more prominence to the facility and identifies the church as a spiritual place. NEW OAK GROVE BAPTIST CHURCH Agenda Item 7 Rage 1 LAND USE AND ZONING INFORMATION EXISTING Ir4ND USE: Developed site with structures and associated parking SURROUNDING LAND North: . Agricultural Reserve Property / AG-1 Agricultural District USE AND ZONING: South: . Across Head River Road Agricultural Reserve Property / AG-1 Agricultural District East: Agricultural Reserve Property / AG-1 8~ AG-2 Agricultural DIStrICtS West: Agricultural Reserve Property / AG-1 & AG-2 Agricultural Districts NATURAL RESOURCE AND The portion of the site with the church facility and parking is impervious. CULTURAL FEATURES: This site is located in the Southern Watersheds. There is an old cemetery associated with this property. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTPI I CAPITAL IMPROVEMENT PROGRAM (CIPI: The site is located on tl'~e north side of Head River Road with a single access point. Head River Road is a rural two-lane road. Although the proposed expansion will increase the church's total square footage, it will not increase sanctuary seating. There will also be no addition of uses, such as weekday daycare or a school. Accordingly, no changes in the trip generation and no changes to the existing traffic impact on Head River Road and surrounding roads are expected. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Head River Road N/A N/A Existing Land Use - 152 ADT weekday 4622 ADT Sunday Proposed Land Use s - unchan ed Average Daily Trips =as defined by 250 seat church ' as defined b 250 seat church TL . ~..C ~~~wC~,«~d~ sue layout plan snows the exlsting entrance contlnurng to be used as the sole access point. This entrancE~ has a barrier arm gate. Traffic Engineering requests a condition requiring this gate to be locked in the up/open position during church services and for a reasonable duration before and after in order to allow unimpeded ingress and egress to the site. Otherwise, the gate must be moved so that it is 50-100 feet from the right-of--way line to allow for vehicle stacking. DEPARTME~JT OF PUBLIC HEALTH: This site is served by onsite sewage disposal systems and drinking water wells.l~he conceptual site layout depicts a proposed well and drainfield. Health Department approval for the well and :sewage disposal is required if this proposal is approved by City Council. NEW OAK GROVE BAPTIST CHURCH Agenda Item 7 Page 2 STORMWATER: Stormwater quality and quantity must be addressed at the time of engineered plans are submitted. The engineered plans shall verify a positive SWMF outfall unless zero discharge is proposed. SWMF must meet separation requirements from the septic and well systems. FIRE: An approved water supply capable of supplying the required flow for fire protection is required by the Uniform Statewide Fire Prevention Code. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the Rural Area, an agricultural community of low density agribusiness, supporting nodes of commercial activity, and single family residences (p 5-1 ). The Comprehensive Plan Reference Handbook Rural Development Guidelines state that the identity of Virginia Beach's rural community should take its cue from its rural heritage. The areas known as Creeds and Blackwater have some buildings that encourage a type of design reminiscent to the area. The Rural Development Guidelines go on to say that proposals for non-residential development should be designed to complement the surrounding rural character in terms of size, scale, architecture and selection of materials. They should also adhere to sound environmental principles that include energy efficient design and effective groundwater protection (page B-16). Evaluation: This proposal for a church addition is in conformance with the Comprehensive Plan's recommendations for this area. The updated architectural design for the proposed addition still reflects the traditional elements of the existing church with its use of brick veneer and the tall spire. The building itself is located back from Head River Road and the majority of the addition will be on one side of the building to avoid conflicts with the existing old graveyard and drainfield. The proposed addition will displace a significant portion of the existing parking. Most of the new parking will be relocated to the front of the building in order to preserve the large trees and avoid any wetlands to the rear. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted conceptual site layout entitled "New Oak Grove Baptist Church Addition" prepared by MSA, P.C. dated 03/01/10. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. NEW OAK GROVE BAPTIST CHURCH Agenda Item 7 Page 3 2. The building shall be developed substantially in accordance with the submitted building elevation entitled "New Oak Grove Baptist Church" prepared by Barnes Design Group, P.C. dated November 1, 2009. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department 3. The applicant shall submit a photometric plan for review and approval by the Virginia Beach Planning Department. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and city streets. Lighting should be directed down at the ground and not horizontally or up in the air. 4. The existing entrance has a barrier arm gate which is to be locked in the up/open position during church services and for a reasonable duration before and after in order to allow unimpeded ingress and egress to the site. NOTE; Furtiyer 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, inclu~~ling those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Cert~cate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applica~~t 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 (OPTED) concepts and strategies as they pertain to this site. NEW OAK GROVE BAPTIST CHURCH Agenda Item 7 Page 4 N ~;.. , ~ ~ ~ °} . ~a ~~a ~ - tr ,,, .. r R~_._ ~~~ ~+~ 1 ,a ~ ~ r ~. -` 1,~ r ~ 1~ ~ 1r,~ r fr ~.,-( .~ :; '~ ~ .~. . r~".. .F ~~ `~ .s ;. I ~ r~ r n v ~ '-i~ w v~r- .r-.. ,~ ~~ ~.~ ~' rl ~ ; '~ _ :~ ,r `t l~'~ '~;,, ~. ,. ~. _.. ~ ~ - , ,. . ~ ~~ .f ~~< ~. ~~ t 4 ..t ~ . «, .. ~' ~ti.3e ~ ~.~ ~ ..._.. _.~._.__w ~~.~.~_.~ AERIAL OF SITE LOCATION NEW OAK GROVE BAPTIST CHURCH Agenda Item 7 Page 5 `~ '~ r 'Jd !hllA ~~~ ~~ ` 1 ~i '~~ M 1 ~ 1 "~" .+ f~,. sy ~~+w ~ ~,~ -- MQ ~ -mss ,p ~ a ~ ~ Y~ ~ ~.f: :~.... -aJ. L ~I < 1 1~ f ,i ,.~.•N4A010~L1T! QCie! OM 9dlfllRV 1'~iATmIW~p 4 . j 1wldYd/yte ' p oq~s-woe ~ r a~a~s " _ ~ n _ ~.--- ~ ~ "~--~- PROPOSED SITE PLAN NEW OAK GROVE BAPTtST CHURCH Agenda Ifem 7 Page 6 ~ ~ ', O'~ n~ r.r L jai ~~~~ t l 1 fi ``k `i 5 I s E r f a .. 2 ~ o i ~~ ~, W ~ 4 ~ z v . ~ ~ ~ 4. E ~. j t ~~~ ' ~ 3r ~ ~:' ~ i _ ... V t ~ ~ , ~.1 l~ , ~ ' j ~f'r i ~, ~?t 'e I~ t+{ t t ~ ~ t 3i' "~ n , ~ t i r # ~ ~ Y ~ ~ h ~~ ~ ~ ~' it ~ ~ ~~~? ? r .~ ~ __ .~~ ~` b Y' ~ i i 1. ~ `~ •+~ i ~...~.~. ~: ~~ .. .._ t, i K° ~~~~ ~ ~ i~ie•i, ~.., r j ~z~ v -~ y ii ~~A' ~ ~ PROPOSED BUILDING ELEVATION NEW OAK GROVE BAPTIST CHURCH Agenda -Item 7 Page 7 ~'r11i7 T A^~ ~ amm • e^es Ma PJot `o Scale l~ ~ ~~~ ~ ~..~1, ll '~,~1 AG?' '~ AG2' G~ ~ ~ ~-_~ ~ Ffp _. ~ - G 1 A ~ t~1 * ~ Y o _ > ., Y ;}} a ~' b _~ 7 n : ; ~ , R L , e _.~ A~1* ' ~ ~/ A~~ as ' '~ :/ ~ r " 1v ~d R~ '~r d o ~~ t A G~ .:: . ~ A ~ 'AQ, , ~ ~ ~: _- ; ~-~`, AG"~ ~ ~G ~' ~ ~~ ,. ncz Asz ' comngwa~~onamora:rrorrers eU~ SOY ~~tUf'Cl1 ARP = Agric ulnual Res erve Program Overlay 1 112/07/04 Conditional Use Permit (Alternative Withdrawn Residential Development) ZONING HISTORY NEW OAK GROVE BAPT)ST CHURCH Agenda Item 7 Page 8 ©TSCLOSURE STATECvIENT if the app6tcant is a ~tporatlon, partnetsh(p; frr.~? R business, ar other unlrtt~tpora#ed or~aniza~tin, opmpie#e the fotlawing: s. t.ist the ~plicant Warne fold by the names o~ a!1 otf~et~, merrtbets, trus#ees. Sri, etc. b+: {Attach Nst X rr~essary} N ~ ~ n+ ct~n, ~ ~ c~tr~, ,+~ G~rr;t.a~, wawa. c wnoanouae, t,Aetvm w~ate 2, fist a#i busdnssses t#tat have ap~rent-supsidlary' or aftil`~ated #wsir~ess er~tty~ telationshtp wi#h the appllcan#: (Attach //sf N necessary) . nta CI Check here tf ire ~tppl~rt# iii NOFa catporatlvn, partnetst~ip, tirrrs, b~lsness, ~ o#her ur~inaotparated ot~nnizat~. PRbPI±RTY C3WN~R D#SGLURI: Cornplate this ser~liors ~Y X qty aav»ar to arenr from apptnt ~ tha OY owr~r° le a at#on, pertttersh~, t'itrn. business, czr other uninootporated otganizat~n, complete tt+e foltowrtg: t. fist the property owner name !`Mowed by the names of ail ate, marnbets, truce, pare, etc, bei~: ~tta~r list ~ nec~saary) 2. ~.ist ail businesses that harms a patent-cube~i~iry~ ar a~fhttateri t~tssir en#ty~ tal~trort&hip wit the appMcart#: (Attach list ~ttecessary) ~ Ctiedc here tf ttae p+rapetty owner is NoT a coratiars, pertnetshi~s, ~rrn, business, ~ der ~minc~poreted organization. S~ Wax! t ros toQtr+aees th3e& an jai or piayee at Witty of Virginia eeac~ ham en in#et in the subject iand7 Yee No ~ i# yes, wha# is the Warne at the o~tcial ~ emoioyee end the na#ctro at their interest? u ~~ t~ ~~9u~~e aa~,c 7t~nx~r z 0 a w a4 W O O v NEW OAK GROVE BAPTIST CHURCH Agenda Item 7 Page 9 ~' ~_~ ~y `~'Zy ~~ ~~~ !~~ ~~ ~~ ~~ ~~ ~•~ ~• ~~ ~~!~~~ !'""'~~ !~~ ~.r~~ ~~,~ ~r ~~~ ~{ ~f ~~ ~~~ ~t ]~~~ ~~ f ~• ~~ ~~ DISCLOSURE .STATEMENT ADDITIONAL DlSCL08URES 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., accoun#ng services, and Legal services: (Attach list if necessary) Ram~tc Ilc~.cinn r;m~,-n„AyA .~?.~-..~_.y. °Parent-subsidiary retatianship" means ha relatwnship that exists when one ,~.._,w ~._ corporation directly or indirectly awns shares possessing mare than 5t} percent of the voting paver a# anattter cc7rparatian." See State and Lacai Gavernrnent Conflict oI tntefesis Act. Via. Crx~ ~ 2.2-3't{71. "Affiliated business errtity relatianshrp" means "a reiafiianahip, rather than partant- subsid#2try relationship, that exists when (i} one business entity has a controlling ownership interest in the other business entity, (li) a controlting owner in ane entity is also a controlling awn,er in the other entity, ar {~i) there is shared managerrrerst ar cantml t~twe+en itts btrsin+sss entities, factors that should be considered in determining the existence at an afhltated business entity relationship include that the same person ar substantially the same person awn ar manage the hvo entities; there are common or cornm'rngied funds or assets; kt~ business entities share the use a! the same gtfices or employees ar otherwise short; activities., resriurces or personr~i on a regular basis: or there is otherwise a close warkr~g relationship tsetvveen the entities." See State and Local Gavemrnent Catrtlict of Interests Act. Ya. Cade ~ ~-3ttl# CE~tTlt=IGATt4W: r ~etkity that the inrotmatian contained here+n ~ ttu~ end curate: r urtdet~tand that, u#~n receipt of rsc~iricarictn ipostcardl that ttre ~RP«catrcsn h been ss:~du~d tut Autal~c hea~tng. I am ttysponsits~t tut mining atut posting #h+e requrrea ~n ~ the st~ect prrsperfy ~ :east 30 pays prkYr to the schadtt{ecl pi~kc he8rng atxordnQ to the znattucts m this pecka~ge. The undirrsK}nr'd arso cat#;~rots tG entry upon fhp eubiect ~Y by em~k~yees of Hie E3ap,Artrrtent crt ~'tann,ng ;v phatoa=aph and vow the bite tot purfisosas or proce~~ing 8txi evats~sitrng thiB appi,cat,on. ~' _ ~ _ ~,~ itp~i_an4'sS,gnatitr8 .~ _ _ _ >a. .t, ,;. Prrn~ Name Prctparty termer ~ 5+ane*uTe c # 9ifferent than applicant) ~ Rrnt Name @_~ €a~ra~_.-r. ~~~,>c~~. ,~. ,~ .,~ r~~,~, . °. ~_~ . DISCLOSURE STATEMENT NEW OAK GROVE BAPTIST CHURCH Agenda Item 7 Page 10 Item #7 New Oak Grove Baptist Church Conditional Use Permit 3200 Head River Road District 7 Princess Anne May 12, 2010 CONSENT Jay Bernas: The next matter is agenda item 7. This is an application of New Oak Grove Baptist Church for a Conditional Use Permit for a religious use on property located at 3200 Head River Road, District 7, Princess Anne. Is there a representative here on the application? Welcome. Could you state your name? William Morgan: William Morgan. Jay Bernas: Are the conditions acceptable? William Morgan: Yes they are. Jay Bernas: Thank you. William Morgan: Thank you. Jay Bernas: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Horsley to please review this item. Donald Horsley: Thank you Jay. New Oak Grove Baptist Church is asking for a Conditional Use Permit for a religious facility. Back in 1940 when the original church was built, it didn't require a Use Permit but now the church has a desire to expand their facilities. They want to have a new social hall, a kitchen area, some classrooms, a conference room, and some additional restrooms. The existing sanctuary has a capacity for 250 people, and they don't see a need for expanding that at this point. The Planning staff has recommended favorably. There is no opposition in the community, so seeing that we decided that the best place to put this application was on the consent agenda. Jay Bernas: Thank you. I will make a motion to approve agenda item 7. Joseph Strange: Do I have a second? The motion has been made by Commissioner Bernas and seconded by Commissioner Katsias to confirm agenda item 7. We're now ready to vote. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE Item #7 New Oak Gro`~e Baptist Church Page 2 FELTON AYE HENLEY AYE HORSLEY AYE KATSIA5 AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved agenda item 7 for consent. -84- Item J.2. PLANNING ITEM # 59888 Upon motion by Yice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, an Ordinance upon application of BAYLAKE UNITED METHODIST CHURCH for a Conditional Use Permit re adding a lot to be used as open space to the existing church site at 4309 Blackbeard Road. Ordinance upon application of BAYLARE UNITED METHODIST CHURCH for a Conditional Use Permit re adding a lot to be used as open space to the existing church site at 4309 Blackbeard Road; GPIN:147988842230000;14798850940000;147998862310000; 14798851190000;14798831540000 DISTRICT 4 - BAYSIDE Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.' None Apri127, 2010 ATap F-3 T~a~~l~l:p TTnitnrl h/tathn~~ir+ !~'i~.z»•~.l eV.l9~ !t~Ci t,^. .5'C8h? ^~ ~-si~v v aaavvN 1~1{,.~11V L111.71 tsll {.il tll f3. _.. s`~, i .,,r '- ~ ~ i ~r 7i ~~ f-t - ~'r ~'t ~`~t .~1.,yQr R {7~ ~ ~` • `/ / fir. ~~'~ l . ".. III~~~""""' R 7 l.~ f ~ , , ~ ~ ~;~ -- -~= R~.~ ~~~ ~.:~ ~~°" .t ~'- _ ; ~~~ - - ., ~_ . t ~~. x ~~ ~~~ ~~ l~ ~' ~ - ~~ ~ ~ _t ~ ~ " ~ /~ I (-~ t ''' '` ~ w _ .s ==; i r ~ , _~ ~ ~° ~ t a f _ ~ _ ~.. ~, ,,~~ , . ,~ .~; s .. ,~. ,. „'~a - - - sn=sn~v;r~ o~;;~y'r""""' CUP for Religious Use u• ;~ ~~F .. ,u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BAYLAKE UNITED METHODIST CHURCH, Conditional Use Permit, religious use, 4309 Blackbeard Road. BAYSIDE DISTRICT. MEETING DATE: June 22, 2010 ^ Background: The applicant purchased property located at 4309 Blackbeard Road to incorporate into their existing church site, which is located adjacent to the purchased lot. The purchased property once had a residential dwelling on it, but the applicant had the dwelling demolished and the site cleared. The applicant proposes to keep the site as open space at this time and will use this site for church-related outdoor activities. A Use Permit to include this parcel with the church property is needed prior to the site being used for church-related activities. This item was deferred by the City Council on April 27, 2010 at the request of the applicant for the purpose of resolving an issue with an adjoining property owner. That issue has been resolved, and the applicant is ready to move forward. ^ Considerations: The existing church site consists of four lots. The church structure was built in 1962, and a Conditional Use Permit for a religious use was approved on a portion of the church properties in 1977. In 1993, a Conditional Use Permit was approved for a church expansion on additional property. This current request will add another parcel for a total of five parcels. A condition is recommended below requiring the abandonment of the lot lines, resulting in the creation of one parcel. During its existence, the church has demonstrated that it is compatible with the surrounding uses, and there are no alterations to the existing church structure or site layout proposed with this application that will have any negative effects. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal to add a lot to be used as open space to the existing church site is compatible with the adjacent neighborhood and consistent with the Comprehensive Plan's policies for the Suburban Area. Baylake United Methodist Church Page 2 of 3 ^ Recommendations: The Plyinning Commission passed a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following condition: 1. ~~ subdivision plat vacating all internal lot lines shall be submitted to the Development Services Center for recordation. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommendecl Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dei~artment/Agency: Planning Department City Manager: ~ -~R'3 ~~ 'zan~r ~'""0endtl°°°~' CUP for Retlgfous Use so-snm. nnre o»~ry 2 March 10, 2010 Public Hearing APPLICANT /PROPERTY OWNER: BAYLAKE UNITE D METHODIST CHURCH STAFF PLANNER: Karen Prochilo REQUEST: Conditional Use Permit (Religious Use -Church) ADDRESS /DESCRIPTION: 4309 Blackbeard Road GPIN: ELECTION DISTRICT: SITE SIZE: 14798842230000 BAYFRONT 18,283 square feet 14798850940000 14798862310000 14798851190000 14798831540000 AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant recently purchased property located at 4309 Blackbeard Road to incorporate into their existing church site, which is located adjacent to the purchased lot. The purchased property once had a residential dwelling on it, but the applicant had the dwelling demolished and the site cleared. The applicant proposes to keep the site as open space at this time and will use this site for church-related outdoor activities. The existing church site consists of four lots. The church structure was built in 1962, and a Conditional Use Permit for a religious use was approved on a portion of the church properties in 1977. In 1993, a Conditional Use Permit was approved for a church expansion on additional property. This current request will add another parcel for a total of five parcels. ~at.e umrea ~~iemouisr ~ nurcn tea ~„~~/' ` ~_ ~; - RttL "- ~ ,Ryfl : ~Z~ - - ato,. - air %~=' r ~- i ~~,:~ ~_~ ~ , .~ _ ~~ ::.. ``R7S BAYLAKE UNITED METHODIST CHURCH. Agenda Item 2 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant site adjacent to a developed church site with associated parking SURROUNDING LAND North: Across Blackbeard Road, single-family dwellings / R-10 USE AND ZONING: Residential District South: . Across Shore Drive, single-family dwellings / R-75 Residential District East: Across Treasure Island Drive, single-family dwellings / R-10 Residential District West: . Single-family dwellings / R-10 Residential 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 associated with this request. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The church has been in operation at this location since the mid 1960's and has demonstrated that it is compatible with the surrounding uses. No alterations to the existing church structure are proposed with this application. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal to add a lot to be used as open space to the existing church site is compatible with the adjacent neighborhood and consistent with the Comprehensive Plan's policies for the Suburban Area. CONDITIONS 1. A subdivision plat vacating all internal lot lines shall be submitted to the Development Services Center for rE~cordation. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. ~~ny site plan submitted with this application may require revision during detailed site plan review to mc!et 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 Certiffcate 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 (OPTED) concepts and strategies as they pertain to this site. AERIAL OF SITE LOCA~iON BAYLAKE UNITED METHODIST CHURCH Agenda Item 2 Page 3 ~ _ ~ _ _ _~ S ~7. e '(( # ~ ~$ii , { ~~ i ~ t~ ~ _j ~ .-~--- k- ~,~.. e~muio~eaa ~ xarswxa~ s - - - - ~ a ....~ .... ,:. ~..E . , -oaeo tsooNisv ~ sevuvs «~...rs - , ~ sinera~oaaw ioi aa~ve ar B inm 5 w~ 9.~ } ~tY1 a _ ~ ~ C ~ f ~~ :a ; a ~ ys Q ~° ~ , `, ~ ~ Maud Dr -® ;, ;., ~ . e_ '€. _ _ ,---~ %~ ~ g _ ~ 31 i F t ~ .~, -~~ i ~ ~wrw~ SITE SUR~/EY BAYLAKE UNITED METHODIST CHURCH. Agenda ltem 2 Page 4 PHOTOGRAPH OF PROPOSED OPEN SPACE PARCEL BAYLAKE UNITED METHODIST CHURCH: Agenda- Item 2 Page 5 Map F-3 Fa;l['~~l~:P T~11111"Pt~ MPti~r~rlict (`'1-t~~rrl• Jr 3'? iViit tC u~3;B - __~, _____~. ,... _~_-~.~... ~..~. ~.s==... ~aFa a. ~...aa ~.aa vaa ~. .. ~_ ~,. ~~ . C ~ _ t ~ p `-~ ~ ~ ~~ ~~, .._-`"``` r. . . - ., i C~ ~~.~~ m ~ - _ Sl _ t p t^ ,,~ ,, 1 ,~~ ,~ , _ ~~ - ".-~~ ~ " - . 'F „s- k ~_ comrg wm, ~,.onamortsrrtorrers ~(fp far Reff foes Use SasShore Dri!ie Owr6y g- 1 08.25/98 Subdivision Variance Granted 2 09.10/96 Modification of Proffers Granted 10,25/94 Conditional Rezonin R7.5 & B-2 to O-1 Granted 3 07,'09/96 Conditional Use Permit Home for the A ed Granted 4 05,'25/93 Conditional Use Permit Church Addition Granted 03,'21/77 Conditional Use Permit Church Granted 5 07,'02/84 Conditional Use Permit Pon Rides & Firewood Sales Granted 6 08,'22/83 Conditional Use Permit School Granted ZONING HISTORY BAYLAKE UNITED METHODIST CHURCH Agenda Item 2 Page 6 D1SCL.OSURE STATEMENT APPLICANT t)ISCLOSURE If the applicant is a corporation, partnership, firm. business, or other unincorporated organization., comple#e the following; 1. List the applicant name followed by the names of ail officers, members, trustees, partners, etc. below: J{Attay~h list if necessary} 1 r '4 ~ tR °T Y1~ ~, Ysn ~a ~' ~'~ S CLL- '-"{~ ~~3 c szY ~ L "f' ~Y #? ~i~G` ~, 5 2 List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary} ~~C1~~° ©Check here if the applicant is NOT a corporation, partnership< firm; business, or other unincorporated organization. PROPERTY OWPIER I?ISCLOSURE Complete this section o»ty 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 fist if necessary} 2. List all businesses that have aparent-subsidiary or affiliated business entity relationship with the applicant: !"Attach list if necessary) © Check here if the property owner is NOT a corporation. partnership, frm, business, or other unincorporated organization. & See next page far footnotes f3oes ors official or employee of the City of 1lirginia 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? a',andital U&~ Permit icsiisrnr Pale 9 of it? RLVtssd. i2€i~7 r~-~ V a w w 0 A O V BAYLAKE UNITED METHOQtST CHURCH Agenda .item 2 -Page 7 ~' ~~ ~~ ~.{ 'Q•t L3 I~~ ~F~~ ~~ ~~ "~.t ~~ ~~~~ ~~ ~~ ~~ ~{ ~~ ~~ 1---~ ~~ ~_~ ~{ '~ ~, ~~ ~~~ ~~ ~~~ ~~ { ~~ ~~ ~~ DISCLOSURE STATEME[~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) 1~~~ ¢~ ' "Paren#-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting powe€ of anothe€ corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. z "Affiliated business entity relationship'" means "a relationship., other #han parent- subsidiary relationship, that exists when (i} one business entity has a controlling ownership interest in the other business entity , (ii} a controlling awner in one en#ify is also a controtling owner in the othe€ 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 tvro 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 personae! on a regular basis; or there is otherwise a close wanking vela#ionship 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 accu€ate. I understand that, upon receipt of notification (postcard} that the application has been schedules! for public hearing, l am responsible for obtaining and posting the required sign on the subject property alt least 3t3 days prior to the scheduled public hearing according to Ehe 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. Rpplicartt's Signature Print Name .~,. ~ _ ~~ = s.~..~._. ~r` a ~d' t' ~ r~.w i-~a. !~-rat3a~ ~" ~ Owner's Signature (if different than ap~icant} Print Name ~'.ondi€~sea( ilse Fermi: tp~rc~,°xan r'agt~ t a crt ? ~ r2eaiseti 713t2iN.}i BAYLAKE UNITED METHODIST CHURCH Agenda Item 2 Page 8 `__ VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN THE MATTER OF ELECTION AND RECONFIRMATION OF TRUSTEES FOR Baylake UNITED METHODIST CHURCH CH - P E T I T I O N NOW COMES N. Burton Brooks, Jr, Minister of Baylake United Methodist Church, an unincorporated religious congregation, and as for his petition pursuant to Va. Code Ann.. §57-8, represents as follows: 1. A Charge Conference of the Church was duly called and held on the 9th day of December , 2009. One of the purposes for the Charge Conference was the election and reconfirmation of Trustees as provided by the Book of Discipline of the United Methodist Church. 2. The following trustees were elected and reconfirmed by the Charge Conference at the said Meeting, to-wR: Timothy Butt, Alice Leggett, Larry ,__ Connor, Russell Fink, Scott Fuller, Chris Loney, Robert Sholar, Jadc Allsbrook, Kim McConnaughey. Pursuant to said Resolution the said Charge Conference, being the proper authority of Baylake United Methodist Church, respectfully makes application for the election and reconfirmation of Trustees to hold legal title to the property of said religious organization in accordance with Va. Code Ann., §57-8. Respectfully submitted, N. Burton Brooks, Jr,' Minister Baylake United Methodist Church DISCLOSURE STAT~~IAEt~T " "~ BAYLAKE UNITED METHODIST CHUffCH agenda ltem 2 Page, 9 r' Item #2 Baylake United Methodist Church Conditional Use Permit 4309 Blackbe~rd Road District 4 Bayside March 10, 2010 REGULAR Joseph Strange: Now we will address the remaining matters on our agenda. I have asked our Secretary Al Henley to call the first item. Al Henley: Okay, the first item is actually item 2. An application of Baylake United Methodist Church for a C~~nditional Use Permit for a religious use on property located at 4309 Blackbeard Road. Mr. Chairman, we have one speaker in opposition and that is Martha Thereault. Joseph Stranger Do we have an applicant on this? Al Henley: Is the applicant here today? Okay, if the applicant could come forward. Joseph Strange: We're going to have the applicant come forward and then we'll call you back. Martha Thereault: Okay. Al Henley: Ye... I'm sorry. Martha Thereault: That's alright. Larry Conner: I'm Larry Conner. I'm the Chairman of the Baylake United Methodist Board of Trustees. We applied for a Conditional Use Permit for open space for our patronage. It was original bought for open space, and it had a house on it. We ended up renting it out for a while. We recently raised the house, and would like to use that just for open space for better access to the lake. That is basically it. Joseph Strange: Okay. Thank you. If you could stand by for questions? Jay Bernas: Cara, you talk about some of your outdoor church related activities that you plan to have on this? Larry Conner: VVe have a vacation Bible school, and what we called "Camp Gotcha". The house was an eyesore. It was a money pit. So we raised the house, and it is just open space now. That is what it is. We don't have any particular use in mind for it other than the kids going over there to play. It i:s waterfront property. We have better access to the lake. We have canoes for the Camp Gotcha thing but vacation Bible school, and that sort of thing. Item #2 Baylake United Methodist Church Page 2 Joseph Strange: Are there any other questions? If you will standby we have one other speaker. Just standby just in case we have other questions. You can have a seat. Al Henley: Ms. Thereault. Martha Thereault: Hello. My name is Martha Thereault. I live next to door to this property, and I own the property across the street along with my brother. The church has been acquiring the lots over time. I grew up in the neighborhood since 1955. And, right now next door is a pazking lot. And I don't object to the church. I've gotten use to the pazking lot to an extent. But my objection is they have a big bus that they park in the front of the pazking lot ,which is the churches back door now is on Blackbeazd Road. My door is Blackbeazd Road. When I come home there is a big van/bus pazked probably 15 or 20 feet from Blackbeazd Road. And that is my objection. I just talked with Larry, and he doesn't like the bus parked there either. He is going to talk to members of the church about it. Hopefully it will go away. I pay a lot of taxes on the two pieces of property, and I feel like it devalues my property. It will just look nicer elsewhere. The other item is when they developed the first part of the parking lot they put in a large concrete apron to drive into the parking lot without drainage. And, just east of that they smoothed out the city's easement, which was a drainage ditch that they put on Blackbeazd Road and Treasure Island Drive. And since the road runs off of that area, and into the road and down the street, and into my front yazd. Fortunately it is sandy, so it does drain eventually but it is more water than I would rather have to deal with. In talking with Larry about that, he wasn't aware of that when they developed the pazking lot. I don't know who gave the go ahead to build the city easement but he and I were talking about working together to get a ditch redug in that azea. So, that is why I'm standing here now. I think we can work everything out by trying to now to get forwazd to make it a little bit nicer for Blackbeazd Road and my property. Joseph Strange: Thank you very much. Are there any questions? Mr. Redmond. David Redmond: Could you show me with that little black thing on the podium. Would you mind picking that and show me where your properties aze that you mentioned? Martha Thereault: Do I push something? David Redmond: There is a button on top. There you go. Martha Thereault: That is my house. David Redmond: Okay. Martha Thereault: That is my lot. David Redmond: Okay. And with the pointer, can you show me where they will typically put that van? Martha Thereault: Right there (pointing to Powerpoint). There were three lots. The Millers Item #2 Baylake United. Methodist Church Page 3 owned three lots. Your paper says they just acquired this property. They just didn't acquire this property. They have owned it for some time now. It was one of the three lots. This is a parking lot (pointing to PowerPoint). This was a lot (pointing to PowerPoint). The Miller's house was right here (pointing to PowerPoint). So, when I saw the Conditional Use Permit it was odd because I thought it had all been done back in the late 90s, and when I called Kathy Prochilo. David Redmonci: Karen. Martha Thereault: Karen Prochilo. She said that it was a housekeeping item. It would be going through a Conditional Use. The residential house beside me was torn down a few months ago. And it really a l ittle bit in my face thing. I woke up to demolition at 9:00 in the morning to a house that I gre~N up with my neighbors. I used to play there. But, I'm getting use to that but that bus just stands out like a big sore thumb to me. David Redmond: Okay. You've talked to this gentleman, and you're going to see if he could work out some ;;ort of accommodation that would make you feel better about it? Martha Thereau t: Yes. David Redmond: Okay, great. Thank you. Joseph Strange: Are there any other questions? Al Henley: No questions but just some advice. You may want to inquire with the Department of Public Works if you have some drainage concerns or issues in the neighborhood. Your particular neighborhood is an older established neighborhood. It is quite old, and you don't have any curbing gutter sa it is mostly swales you have. Martha Thereault: Right, and that is what was filled were the swales. Al Henley: What you may want to do is call the Department of Public Works, Drainage Department, and they can investigate that. It maybe some simple solution to that they can assist you in some way to alleviate that drainage issues that you may have. It looks like you need some helpful hints if y~~u will. Martha Thereaul~:: Thank you. I really appreciate it. Al Henley: Thar~lc you. Joseph Strange: Mr. Redmond? David Redmond: Mr. Chairman, I move approval of agenda item 2. Joseph strange: is there any discussion on agenda item 2? Then I have a motion made by Mr. Redmond and seconded by Kathy Katsias. Item #2 Baylake United Methodist Church Page 4 AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved the application of Baylake United Methodist Church. Joseph Strange: Is there any other business to come before the Commission today? If not, we would like to thank everyone for coming today. We thank the staff for the usual great job they have done on our agenda today. And if there is not further business, the meeting is adjourned. .~ , .rr ;~ _~ ~ s ~~~ . ..' ~ ~: ~r ~. ~' ., r F ?..,.~, e :~ J A ~ b ~ ~ ffi ~ = c a d ~ ~~ ~4 '~ t I ~~ ``. ®.( ~I '~ _.. -- 5~~. ~_ I ~~ '. w {~ (/1 u ~~ ~ >' .~.. _ - I. ..._ _ C. ~ w ~". ~-~-~ LL 'i' Z u ~d ~ ~ .~ O ~^ a i ~ ~~~ ^ ~' _f^. gD a >, L1 ~ } ~ ~ ^~ ~, ~'~` ~ ~~ C a~ T r ~ht i _.~.. _...__.____....-. _ _._ .__.. -~J V ~ ~~,, r. ..' "f~ ~/ h ~ ~ ~ t =s f s n ~ n ,' ~~ ~~ ~ ~~ '~ ~ ~ ~ ~ ~j tiJ +~" j1 ,fit t~ -~ yyi~~ Y! ~ f ~ ! ~ O C PI ~r .. ~ ~ r i _ ~~ ~ ~ 'sue` ,,,~ +~ ~. 7p ~ R r ~- ..~ ~- , ~. ~ ~' ~; $ ~'' ~ a ,z~ _z °i n y~y~~..'~ ~ ~ ~' ~ ~ ~ .~c tti i ~ .. r P~ ~~ ~ - Z ~- ~ ~ ~«~t. ~ ~~~` r ~~ r r ,. "~ f ~ ~ ~.,,,~~ m g g ..- ~ ~ ~,- ~ ~ ~ ~~ w• n, ~_'w ~ ..~ .-x.. _._._ ~-• ~ ~~ , ~ =s ~ . ,- ~ = ~: ~ ~.~ ~~ z~. , ~ ~~ ~ - -- -~~ - ~~ .:~ :: \ ~ . i ~ ~ - ~~r~~ ~ ~-c-1 t ~' ~.. -~ ' ~ ~ .a, f ~,i~li t d +, ~ ---.~;- / :~ i I '~ + f ~. , ~ ~ _ ~ .t c ..~,...,. ^.. _f d~ r'• t ~'~-~ • -~ ~~ ~' ~ ` ... ~ LL ~.._.. ... 'ter ~.. ~ ~~ ~~ ~J ~ 1 I ~, ~ ~ `~ ~- i ~ ~ Mr. Stephen J. White, Ph.D., AICP & City Clerk March 11, 2010 Page 3 City Council during the time between the November 27, 2007 City Council hearing and the subsequent adoption of the new Tower Ordinance, have been heard and approved by City Council, except AT&T's Charity Neck Tower CUP application. In response to the requirements of the new ordinance, AT&T held a balloon test on September 18, 2009 and community meetings on September 10, 2009 and September 28, 2009. As a result of the community meetings, we have revised the enclosed drawings, labeled Exhibit B, to depict aflush-mount antenna design. These drawings also reflect the seven (7) conditions recommended by the Planning Commission. I have also enclosed photographic simulations of the proposed monopole communication tower with flush-mount antennas, labeled Exhibit C, based on the September 18, 2009 balloon test. At this time, after having complied with all of the new Tower Ordinance requirements, we respectfully request that the AT&T Charity Neck Tower CUP application be placed on the next available City Council public hearing agenda. Please do not hesitate to contact me should you have any questions regarding this request or AT&T's Charity Neck Tower CUP application. Thank you in advance for your assistance with this matter. With kind regards, I am Ver truly yo , ~~CQ Lisa M. PI Y Enclosures cc: Ms. Rency Yeatts (via electronic mail)(w/ encls.) William M. Macali, Esq. (via overnight courier)(w/ encls.) Ms. Karen Prochilo (via overnight courier)(w/ encls.) Mr. Stephen J. 'JVhite, Ph.D., AICP & City Clerk March 11, 2010 Page 2 with regard to their respective infrastructure and recommendations for private use of various City-owned sites. AT&T has been able to collocate on several of the sites that the City Collocation Report identified as available for private use, including the Blackwater Fire Station Tower. The onl;~ tall structure located in the search ring for which the Charity Neck Tower CUP application was filed is the City's 400-foot Pleasant Ridge Tower (also known as the Pungo Mosquito Tower) located at 1848 Pleasant Ridge Road. In TAB B of the City Collocation Report, ComIT/EGGS lists the Pleasant Ridge Tower as one of three (3) sites that is not available for collocation by wireless carriers. This determination matched the feedback AT&T's representatives had received from ComIT/EGGS prior to filing the Charity Neck Tower CUP application. At the request of Councilwoman Henley, we have also explored the possibility of collocating on t:1e West Landing Substation and on the closest high power transmission tower in the new Landst~~wn to West Neck transmission line. As the enclosed maps, labeled Exhibit A indicate, the substation is over two (2) miles northwest of the proposed site. The closest high power transmission tower is further west than that. Moving the antennas two (2) miles northwest would bring them close to existing on-air sites, resulting in duplicative coverage to the northwest and little impro~rement in coverage to the east and south. This would be like trying to cover all of Sandbridge v~-ith the towers at the Hell's Point Golf Course. It is not possible. Despite the results of the City Collocation Report, City Council asked Planning Staff to analyze Section. 232 of the City's Zoning Ordinance ("Tower Ordinance") to find ways to encourage collocation on existing structures owned by the City and other entities and to develop an enhanced review process for all communication tower conditional use permit applications. As a result, on November 27, 2007 City Council indefinitely deferred the public hearing on AT&T's Charity Neck Tower CUP application, along with several other conditional use permit applications filed by AT&T and other carriers. City Council approved the new Tower Ordinance on August 26, x'.008. Thereafter, communication tower conditional use permit applications that had been filed were subjected to the new filing review process and requirements and were subsequently heard by City Council. With th~~ exception of a conditional use permit application that was subsequently withdrawn, all other conditional use permit applications for communication towers, which had been indefinitel;~ deferred by City Council in November of 2007 or which had yet to make it to L~ LECLAIR~YAN March 11, 2010 VIA OVERNIGHT COURIER Mr. Stephen J. White, Ph.D., AICP Chief Planner, City of Virginia Beach Planning Department 2405 Courthouse Drive Municipal Center, Bldg. 2 Virginia Beach, Virginia 23456 Office of the City Clerk City Hall 2401 Courthouse Drive, Suite 281 Municipal Center, Building 1 Virginia Beach, Virginia 23456 New Cingular Wireless PCS, LLC (f/k/a Cingular Wireless)( t/a "AT&T") Conditional Use Permit Application Proposed 195-Foot Wireless Communication Tower 4021 Charity Neck Road AT&T Site #NF308C Dear Mr. White & Madame Clerk: In the spring of 2007, AT&T filed an application for a conditional use permit to install and operate a 195-foot monopole communication tower {"Charity Neck Tower CUP") on a portion of the referenced property. The Planning Commission unanimously recommended the application for approval on September 12, 2007 with severe (7) conditions. On October 9, 2007, City Council deferred the public hearing on AT&T's Charity Neck Tower CUP application for forty-five (45) days and instructed the City Manager to conduct a thorough examination of each pending conditional use permit for a communication tower to determine the availability of collocation opportunities on existing structures, including the use of City infrastructure. `I-he City Manager delivered his report to City Council on November 2, 2007 ("City Collocation Report"). The City Collocation Report contained individual assessments by each department E-mail: lisa.murphy~leclairryan.com 283 Constitution Drive, Suite 525 Direct Phone: 757.217.4537 Virginia Beach, Virginia 23462 Direct Fax: 757.217.4599 Phone: 757.217 4530 1 Fax: 757.217.4599 CALIFORNIA ;.CONNECTICUT 1 MASSACHUSETTS 1 MICHIGAN '~ NEW JERSEY 1 NEW YORK l PENNSYLVANIA 1 VIRGINIA `~ WASHINGTON, D.C. ATTORNEYS AT LAW \ WWW.LECLAIRRYAN.COM CUN for Communications Facility r u~ . S ` .wen~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CINGULAR WIRELESS, Conditional Use Permit, for a communications tower at 4021 Charity Neck Road. PRINCESS ANNE DISTRICT MEETING DATE: June 22, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow development of a portion of the proposed site for a communications facility and its associated equipment building. The proposed lease area will be developed with a 195-foot tall communications tower and equipment cabinet. The proposed tower will accommodate up to four (4) wireless communication carriers. City Council originally heard this request on October 9, 2007. The application was deferred at that time to the November 27, 2007 meeting. At that meeting, the application was indefinitely deferred to provide time for staff to work with the wireless communication industry, the City's Communication and Information Technology Department, and the public to develop updated communication tower regulations. Those regulations were adopted by the City Council on August 26, 2008. ^ Considerations: The applicant has met all of the requirements of the City Zoning Ordinance Section 232 pertaining to applications for communication towers. The applicant has submitted the required structural report indicating that the proposed tower's design meets the requirements of the International Building Code and a Nonionizing Electromagnetic Radiation Report (NIER) indicating that emissions do not result in ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. Most recently, the applicant met with property owners in the area to discuss the proposal. In sum, staff concludes that the proposed tower is consistent with the standards provided in the City Zoning Ordinance for wireless communication towers. Also of importance in staffs evaluation is the need for wireless communication service in the southern portion of Virginia Beach, particularly as it pertains to enhanced emergency response and 911 communications. There are still portions of this part of the city that are not adequately covered by wireless service, rendering use of wireless devices for emergency calls moot. The wireless communication providers are required to provide 911 connectivity, and the antennas located on CINGULAR WIRELESS, CHARITY NECK Page2of2 this tower will assist in meeting that requirement and ensuring the safety of those living oi• traveling in this area of the city. ^ Recommendations: The Pl~rnning 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 tower shall be constructed substantially in adherence to the site plans Entitled "NO60XC833-C VEPCO Structure # 27/289 Sprint, Co-Location 1"ransmission Tower", prepared by Alcoa Wireless Services, Inc., and elated 9/14/05 (issued for construction). This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. 1"he tower shall be limited in height to 195 feet. 3. Landscaping around the tower shall comply with the City of Virginia Beach requirements. 4. ~Jo signs indicating the location of this facility are allowed. 5. lJnless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for tl~e tower and all subsequent users. - 6. Iri the event interference with any City of Virginia Beach emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary tc- stop the interference. 7. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. ^ 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 ~ , C CINGULAR WIRELESS - CHARITY NECK ROAD Agenda Item 25 September 12, 2007 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for a communications facility. " Ci lar Wireless -Chan Neck Rd o a o- ,. ., ,~.Z -~ - r' 0 0 : .~-_ ~.~ , e. ~:_ nGx ~ 2 AG 2 • o , e -: • ~ r_ CUP (nr Cnmmw~ita~A~ns iucility ADDRESS /DESCRIPTION: Property located at 4021 Charity Neck Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24115502520000 7 -PRINCESS ANNE Total site 69 acres Lease site10,000 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of a portion of the proposed site for a communications facility and its associated equipment building. The proposed lease area will be developed with a 195-foot tall communications tower and equipment cabinet. The proposed tower will accommodate up to four (4) wireless communication carriers. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Rural cultivated farmland with asingle-family home. SURROUNDING LAND North: Agricultural land/ AG-1 and AG-2 Agricultural District USE AND ZONING: South: . A church and single-family rural residential is directly adjacent to a portion of the southern property line. Across Gum Bridge Road is rural residential and agricultural land / AG-1 and AG-2 Agricultural District East: Across Charity Neck Road is rural residential and agricultural land / AG-1 and AG-2 Agricultural District West: Agricultural land / AG-1 and AG-2 Agricultural District NATURAL RESOURCE AND The site consists of farm fields and asingle-family residence with.,. ,. .~ ., ~ . k k CINGULAR WIRELESS -CHARITY NECK ROAD <- ,Agenda Item 25 _ Pale 1 +. CULTURAL FEATURES: associated farm buildings. Along the perimeter to the north and west are mature stands of trees. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIPI• Charity Neck Road is a rural local street. No improvements are currently planned. WATER ~ SI=WER: Water and sewer are not available. The proposed use does not require service. FIRE: No cornments at this time. COMMUNICi'~TIONS AND INFORMATION TECHNOLOGY: The proposed site design is acceptable. A frequency sp~;ctrum (MHz) report is required to ensure that inference is not encountered with aCity-owned facility located on Pleasant Ridge Road. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The CompreF~ensive Plan recognizes this site to be within the "Rural Area" with uses related to farming, forestry, rural residential and other rurally compatible uses. "From providing a legacy for a future generation o1 farmers, to providing habitat for wildlife, keeping taxes low, and maintaining the rural community, tl'ie vision for our rural landscape is important." (Pg. 161) Evaluation: The proposed tower at a height of 195 feet has been designed to accommodate up to three (3) additional providers, for a total of four (4) antennas. The application, when originally submitted, located the tower at 202 feet from the rear property line of the adjacent dwelling to the east, which was not in keeping with the requirements of the Zoning Ordinance for these types of toees. Section 232(bx1) of the City Zoning Ordinance stipulates no communication tower be located closer to an existing residential structure than the distance equal to 125 percent of the total height of the tower. The applicant worked with staff and relocated the proposed lease area for the tower to a point further west from the original location. The revised tower location provides approximately 400 feet from the lease area to the residential property line. The revised location is beside an existing, tree-lined buffer along the northern property line, which will be less obtrusive and not as detrimental to surrounding properties. It is recommendecl, however, that an additional buffer be planted adjacent to the non-residential uses on the t- CINGULAR WIRELESS -CHARITY: NECK ROAD ~~ ,Agenda Iterr~ 25 f Page 2 :~ site, consisting of 50% indigenous grasses and shrubs and the remaining 50% with a mixture of 25% deciduous and 75% evergreen. The applicant submitted the required structural report indicating that the proposed tower's design meets the requirements of the International Building Code and a Nonionizing Electromagnetic Radiation Report (NIER) indicating that emissions do not result in ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. In sum, staff concludes that the proposed tower is consistent with the standards provided in the City Zoning Ordinance for wireless communication towers. Also of importance in staffs evaluation is the need for wireless communication service in the southern portion of Virginia Beach, particularly as it pertains to enhanced emergency response and 911 communications. There are still portions of this part of the city that are not adequately covered by wireless service, rendering use of wireless devices for emergency calls moot. The wireless communication providers are required to provide 911 connectivity, and the antennas located on this tower will assist in meeting that requirement and ensuring the safety of those living or traveling in this area of the city. CONDITIONS 1. The tower shall be constructed substantially in adherence to the site plans entitled "N060XC833-C VEPCO Structure # 27/289 Sprint, Co-Location Transmission Tower", prepared by Alcoa Wireless Services, Inc., and dated 9/14/05 (issued for construction). This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower shall be limited in height to 195 feet. 3. Landscaping around the tower shall comply with the City of Virginia Beach requirements. 4. No signs indicating the location of this facility are allowed. 5. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 6. In the event interference with any City of Virginia Beach emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 7. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. CINGULAR WIRELESS - CHARITY_NECK ,Agenda I (~AD ~ ~~~ w !>~; 25 _ , ire 3 ':; NOTE: Further conditions maybe 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 (OPTED) concepts and strategies as they pertain to this site. x tt f - "/ 1 ~. CINGULAR WIRELESS - CHARII'.X~NECK ROAD ..~ iAgenda Iterr~, 25 g `, Page 4 ' ,~' 1 ~ 5 AERIAL OF SITE LOCATION CINGULAR WIRELESS -CHARITY NECK ROAD Agenda Item 25 Page 5 PROPOSED SITE LOCATION.: CINGULAR WIRELESS - CHARITY:NECK ROAD Agenda Item 25 -Page 6 i _ y _ do ^ F~ $ e ~ ~ ~ v X ~~ ~ ~ =f ~ o Z ~~ ~ as # z Wy i ~ i ~~ ~ '~1._~ + ~ ' + ~s~^-'a1~ 1 i ~ ~ s. ~ H ~ , ~ ~ ~ I -...__ ~'-~- ~ ~ ~6 i ~~ ~ b~f e :, i ~- __ _,...- -~. '- ~ j ~ --~ ~~ ~ ''~q¢"a ' f + 1, i l ~ a a °` ~;~ ~ '~~~~ ~ ` L ~ ~s~ ~ ~ ~ $#~ ~-)£ ~ ,~ ~ ~ 1 ~ ~ ~ ~ -- _ ~ ~ ~ r ~ + ~~ j~ ~ +~ ~ ~~ l ~ # f ; J • +r (+ ~ ~ I .`~ ~ f "~~ r t "~-' 'z--..., -.. i ~8 J ~ ~ ~ F k t W CINGULAR WIRELESS -CHARITY NECK ROAD ~4genda Item 25 "Page 7 P10POStD (6- PNtlt AW1E7N6b (b) NiWE AN1k1JNIS /OR (» iMNtt i1tl1kNN1S PEk SEC1011 9[CT1R ~ t0' 1185' R7i0 ~WI[R "^`.,,~ 5[C7Qb 1, 110' / 19'x' RAD CA1RR 1""" SEC101 S 270'.1115' RAD LU1biR Y Nib G9RIW NR~ d91xR it r •f ~ ~ ~~~~~ nro-aun 1r~' 1roa~cla rbaosc9 r NN-i oul+tan~ -r;wa for boos ~ r~of~Ee a+ouWr ~r-a .ao cafl~wal s~p.~ o 3"r5' IIP~MIi p01t CINGULAR WIRELESS -CHARITY NECK ROAD agenda Item 25 Page $ 1 03/24/80 Conditional Use Permit for 18 sin le famil homes Granted 2 10/12/92 Conditional Use Permit for 1 sin le famil home Denied 3 04/16/84 11/12/02 Conditional Use Permit for church addition Conditional Use Permit for church expansion and reschool Granted ZONING HISTORY . CINGULAR WIRELESS -CHARITY NECK RC3AD Agenda Item 25 Page 9 LJ w d 0 U a ~ ~ ~ ~, ,~ ~ ~., ~~ ~~ ~~~~~> :~~ ~~ ., ,~~~ ~_ ~ ~~ ~~ '~ M ffi~ ~ ~~ ~ ,4~ ~ _~~ ~ ~ £~~ ~~ ~~~~ a ~ $ ~~' r o ~~ ~~~ s~ w xfi ~ ~~ ~ ~~~ ~~~~~ ~~~ ~~~= ~~ ~~ ~g~~ ~~ ~ ~~ ~~~ ~~ ~r ~~ ~~ ~~ ~~~,~ ~.~~ NOI~V~17ddd y[WN~d ASR 1VN0 W d ~~r {(~ MM~ Y! fl t ~ ~~ QNO~ a „~ ~ o ~ i ~ ~ '~ ~ ~ ~ ~*~ 'O ~ ~ ~ ~ m ~ € ~ w € ~ ~ ~ ~ ~_ m ~ _~ ~ o ~ gypp, .~ 2 fi}. c ~ 4~ ~~ ~~ ~~ ~ ~~ ~` ~ w~ ~~ s ~ ~~ k~ g ~ ~~ ~ ~ ~~ a~ ,~ ~ ~ ~ ~ ~ ~ t ~ ~ {5 v~ ~ N ~ ~ G t ~M1 £ ~ ~ gr, i ~~~~ ~ 0.4 ~~ [ E ~ c~ ~C~~~ ~ ~~ ~~ a ~~ fi ~ c m ~ ~i r m c a T ~. U,yI Y~ ~~ A ~ 3 1 E ~ lQ ~~ €~~ ~ ~-= ~~ ~~ ~ ; a ~+ _ ti -~ CINGULAR WIRELESS - CHARITY~NECK ROAD -Agenda Item 25 .Page 10 P ~ ~ ~ ~ ~ ~ ~~ t ~~ ~ vat ~~ a .~ QVi ~> ~~~ 0 s.~~ ~~< :~~ C ~~ b ~.~ ~~ ~~ ~~ ~~F' ~~~ !o Z ~ r ~ ~~ ~ ~~ ~ `~ ~ ~ "' ~~~ ~~ ~~. ~~°~ ~. ~ g~~~ 9 ~, .. {~'~} ~c ~ n "€ ;; ~~ ~ ~ N> a ~ ~, ~: ~' 3~ C '~ 'v z ~ _ ~ S 3 4 <~ m a ~~.. ~~ ~ ~:~~ ~, € ~ .~ .~ ~ '~o ~~~ ~ e ~~~ ~ ~ ~.~~g~~ •`4 ~_ ~ $~`QQ f Y o ~ ~ 'fS "` V ~e ~ ~~ ~~ ~ £~ ~ ~; <~ ~. ~~.~ r ~~ ~ ~~~ ~ ~ _Y ~ . ~- ~~ ~~ ~~ ~- ~.E n .~ CINGULAR WIRELESS -CHARITY NECK ROAD Agenda Item 25 Page 11 ~~ F ~~i _ z °v v q z ~~ tl C u ~..r r.- 8 N .~ ~ `~ ' ~ a ~ t ri !~ .~. ~ ~ Z F 11 000 ~ 1 !llvvv~iYff Y~ ' CC 4D C j C L3 3 " S 2 `" o ~ ~. r u ~ ~~ L W ~ ~' DISCLOSURE STATEII~IENT CINGULAR WIRELESS -CHARITY-.-NECK ROAD ~4genda Item 25 _ Page 12 Item #7 New Cingular Wireless PCS, L.L.C. Conditional Use Permit 1052 Cardinal Road District 5 Lynnhaven October 10, 2007 REGULAR Joseph Strange: The next item is item 7, New Cingular Wireless PCS, L.L.C. An application of New Cingular Wireless PCS, L.L.C. for a Conditional Use Permit for a communication tower on a portion of property located at 1052 Cardinal Road, District 5, Lynnhaven, with six conditions. Barry Knight: Welcome Lisa. Lisa Murphy: Good afternoon Chairman and members of the Commission. For the record, my name is Lisa Murphy, and I'm a local attorney, and I'm here today on behalf of AT&T, which is formerly Cingular Wireless. The application itself, again, unlike some of the applications that you heard today, and at other times is really driven by technology. And the primary issue here is the need for the radio frequency engineer and the network to fill a hole that they have in their coverage. This is a whole lot like the situation at Little Neck, only on a smaller scale because you have a situation where you have a peninsula largely or almost entirely residential. You will see in the center is 304s site location, but this is all Birdneck Point over here. Some of the surrounding sites over here, you have a site at the hospital is actually only 72 feet tall. It is limited because it is on a rooftop. Along here, obviously, you have a couple of high rises at the Oceanfront where they are getting coverage at the Oceanfront and somewhat away from the Oceanfront. Those high rises, I think are 160 some odd and 170 feet. Unfortunately, as we're starting to see, and again which is the case at Little Neck, there have been some spots on Great Neck Road in the residential areas, but now that we have, I think the numbers are 233 million users, and we've gone essentially from the technology that is really limited to drivers and folks using them in their cars on the highways and on the major roadways, we've got an industry now that has matured and almost all users expect to use their phones inside their homes. So what this map shows is the coverage on this Birdneck peninsula. There aren't any facilities around it. They have been looking for awhile to site a facility. There were some controversy on this, but for the carriers, it is cheaper and easier to go to a structure that is already there. You know, there is a great deal of certainty. There are no public hearings. Unfortunately, they don't need folks like me. They can locate on the site. So, in this situation, you got the unique problem of being a highly residential peninsula, which is really the majority of our users. The site itself, after meeting with the neighborhood, and what we did at the outset knowing there was a prior application on this property that was controversial, we sent a post card to a11250 residents of Birdneck Point, set up a meeting at the country club, which they did very nice job hosting for us. And we shared with them the application that we had. What makes this application different, and I think you got a photo, and it is not the exact photo, but this particular design Item #7 New Cingular V'Jireless PCS, L.L.C. Page 2 and what it shows is the design as a pole design. What we had originally proposed, much like at the high :schools, is the flush mounted antennas, where the antennas are right on top of the pole. In meeting with the neighbors, we talked about a variety of designs. Stealth designs, flag pole was thrown out. That might be something that would look good. Tree was thrown out. But largely, what the folks decided was the design where you have aslick-stick stealth, meaning unfortunately, it is unlike this picture. But you have everything internalized in that pole. And that is the design they felt most comfortable with. They didn't want a flag on it because th~;t would flap in the wind. They wanted just to see a pole. The height of this is right at 90 feet. You've got some new plans, I think. This is still the older plan. But the new plan shows the top of the structure. You have antennas that are internalized. So there was some discu~.sion about that in condition 2. The plan itself will be the revised plan that shows the internalized. We got a picture of that which I can show you. There is actually opaque material at the top of the pole, the antennas are put inside, so you really wouldn't know by lookin€; at this what it was designed for. This one is 90 feet. I think the light poles at Little Neck are 110 feet. Just to give you some frame of reference. There is a pole at the Wave Church at Great Neck Road that is actually 130 foot pole, again all with internalize antennas. And what we said to the folks was, you know, take a look at the design at the Wave Church, v<~hich is actually 40 feet taller. And they were comfortable with that design. So, that was the design that we decided on. And unfortunately, as a result of some engineering issues we were a little bit slow getting that to Faith, but that was the commitment that we made to the community. Again, we met with the folks and they felt comfortable with the design. I do~t't think there is anyone here today. We respectfully request that you approve this given that it is a stealth design slick-stick and it is limited to 90 feet. I think, the staff report says 95 feet, but it is actually a 90 foot structure. And, I'm happy to answer any questions that yc~u have. Barry Knight: Are there any questions of Ms. Murphy at this time? Ms. Anderson. Janice Anderson: So Ms. Murphy you would be happy with the deletion of the old number two condition? Lisa Mtuphy: Yes. Janice Anderson: Thank you. Barry Knight: IV[r. Whitney, if you would, in our informal session today, we know there is a study going on most cell towers, and specifically the ones in rural areas. Can you kind of summarize for u:; our thoughts and your thoughts about why it probably wouldn't be a bad idea to forward with this one today? Jack Whitney: ~C"es sir. As you mentioned, staff has briefed the Commission last month, and yesterday we provided a similar briefing to City Council. There are five Use Permits applications for c-e11 towers in the process. We thought it was helpful to both the Planning Commission and City Council to provide information about the latest technology and answer some of the frequently asked questions about such towers in terms of why they need to be Item #7 New Cingular Wireless PCS, L.L.C. Page 3 located where they are and why they need to be as tall. Can they be more stealthy? And some of the land use impacts to the landscape and the surrounding neighbors have been raised. There was one cell phone tower application, which was heard by City Council yesterday. In lieu of that, and those issues, the City Council deferred that application for 45 days and directed the staff to look at alternatives including collocation of these facilities, this infrastructure on other public infrastructure such as water towers, light poles, and so forth, and private infrastructures such as private utilities power transmission lines for example. The item yesterday was in the southern part of the city. There had been some opposition to it. I believe this one can be differentiated from those. First off, there is no opposition that I'm aware of. It is not in the southern part of the city. Alternatives for collocation are drastically reduced, if even present for this particular application. And, they are proposing a stealth type technology. Slick-stick is a new term for me. So, I think that the fact that they're using stealth technology, which was one of the issues raised by Council, it is not in the southern part of the city, there are relatively few, if any, alternatives for collocation here, and there is no opposition, I think differentiates this from some of the other similar applications that are in the process right now. Barry Knight: Thank you Mr. Whitney. Is there any discussion? Ms. Katsias? Kathy Katsias: In accordance with Mr. Whitney's comments, I think I would like to make a motion to approve this application. Barry Knight: Is that with the deletion of condition 2? Kathy Katsias: With the deletion of condition 2. Dorothy Wood: I would like to second it. Barry Knight: Okay. There is a motion on the floor to approve by Kathy Katsias and seconded by Dot Wood, also noted the deletion of condition 2. Is there any discussion? I'll call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WODO AYE Item #7 New Cingular ~/ireless PCS, L.L.C. Page 4 Ed Weeden: By a vote of 11-0, the Board has approved the application of New Cingular Wireless PCS, L..L.C. with the deletion of condition 2. Barry Knight: Thank you. ~~'• ...,.r'~.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to amend Sections 111 and 212 of the City Zoning Ordinance, defining the term "Electronic Display Sign" and prohibiting such signs in all zoning districts. MEETING DATE: June 22, 2010 ^ Background: The Zoning Ordinance has no specific regulations pertaining to the use of electronic display elements as part of a sign. As a result, electronic display elements have made a steady advance across the city when new signs have been installed. With the increased sophistication of digital sign technology, decreasing cost, and the plethora of advertising alternatives electronic display signs offer, such signs are becoming widespread. Since August 2009, the Planning Commission, City Council, City staff, and the public have been seeking a regulatory framework that fairly provides for electronic display signs within Virginia Beach. A table provided in the attached staff report lists the chronology of these efforts. ^ Considerations: There are three sets of amendments attached to this report. The first set of amendments is that referred to the Planning Commission by the City Council, which, if adopted, will prohibit electronic display signs within the City of Virginia Beach. The second set of amendments was developed as a result of two meetings of the City Council Committee appointed by Mayor Sessoms. A summary of this alternative ordinance is provided in the attached staff report. The third set of amendments is the recommendation of the Planning Commission, which is the same as the version developed by the City Council committee but with the following exceptions: • The electronic display must remain static (`dwell time') for at least five minutes ;and • The electronic display portion of the sign can only consist of text with a maximum of two colors on anon-illuminated black background. City of Virginia Beach -Electronic Display Signs Amendment Page2of2 ^ Recommendations: Staff notes that the City currently has no regulations governing electronic display signs a~~d that since the March 10th indefinite deferral of the LED sign ordinance by City Council, 28 new LED signs have been administratively approved with no regulation on their appearance or dwell time. The City Council Committee Alternal:ive or the Planning Commission Recommendation are acceptable compromises that allow the electronic display technology, while placing signific~~nt controls on the appearance, dwell time and landscaping for these signs that help protect community aesthetics and public safety. Recommendecl Action: Planning Commission recommends approval of the Planning Commission RE~commendation version. Submitting Del~artment/Agency: Planning Department City Managed ~ ~ , ~(Y~ 7 June 9, 2010 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE: ELECTRONIC DISPLAY SIGNS REQUEST: An Ordinance to amend Sections 111 and 212 of the City Zoning Ordinance, defining the term "Electronic Display Sign" and prohibiting such signs in all zoning districts. This ordinance is being expedited to City Council and will be heard at the June 22, 2010 City Council meeting, City Council Chambers, 6:00 pm. BACKGROUND 8/25/09 City Council refers amendment to the Zoning Ordinance regarding the regulation of electronic dis la si ns. 9/09 -11/09 Plannin Commission holds ublic worksho sand meetin s 1/13/10 Planning Commission recommends a more restrictive "Alternate Ordinance" to City Council allowing the electronic display portion of the sign to have one color with a black back round and a 30 second dwell time. 2/9/10 Cit Council defers the ordinance to allow for a staff briefin . 2/16/10 City Council is briefed by staff. Council Member Davis and Council Member Wilson are a ointed b Ci Council as a subcommittee to draft a com romise ordinance. 2/19/10 First Council subcommittee meetin 2/26/10 Second Council subcommittee meetin 3/10/10 Cit Council indefinitel defers ro osed amendments 4/13/10 City Council directs the Planning Commission to consider prohibiting electronic display signage in Virginia Beach or to recommend amendments concerning the regulation of such signs. The City Council also directed the Planning Commission to provide for a ublic in ut rocess and to act b June 9th. 4/14/10 Mayor Sessoms appoints a City Council committee consisting of 10 community stakeholders. 5/4/10 Subcommittee meets with City Staff, including a facilitator, Councilmembers Glenn Davis 5/11/10 and Rosemary Wilson and Planning Commissioners Jan Anderson, Jay Bernas and Dave Redmond. Cit Council Committee Alternative ordinance drafted. ,. . r:.~ ,~ ~ ,, - -~ ~r CITY OF VIRGINIA BEACH -ELECTRONIC DISPLAY SIGNS Agenda Item 7 _ ~ 4 ', Page 1 ;' SUMMARY OF AMENDMENTS There are two sets of amendments attached to this report. The first set of amendments is that referred to the Planning Commission by the City Council, which, if adopted, will prohibit electronic display signs within the City of Virginia Beach. The second :.et of amendments was developed as a result of two meetings of the City Council Committee appointed by Mayor Sessoms. A summary of this alternative ordinance follows. Summary of `City Council Committee Alternative' -For additional information regarding the content of this alternative please see the attached letter to the Planning Commission from Jack Whitney, Planning Director, dated June 2, 2010. Section 111 -Definitions The ~rmendments in Lines 71-77 define the term "electronic display sign." Specifically excluded from the definition are ordinary time/temperature signs that do not alternate cycles more frequently than every five seconds. The remaining amendments to the section refine the definition of the term "monument sign." Secti~~n 217 This is a new section for the Zoning Ordinance. The proposed amendments in this section allow electronic display signs only in the following zoning districts or special situations: • In conjunction with schools and other public uses in all zoning districts; • In public parks (with the approval of the City Council); • In conjunction with hotels in the RT-1 Resort Tourist District; and • In the B-1A though B-4C Business Districts, which encompasses all Business Districts except the B-1 Neighborhood Business District and B-4K Historic Kempsville Area Mixed Use District; however, since all freestanding signs in the B-3A and B-4C Districts require the approval of the City Council under the current provisions of Section 905 (d) (4) of the Zoning Ordinance, electronic display signs in those two districts would require City Council approval. The ~~mendments also provide that electronic display signs (1) are not permitted within any Historic and Cultural District, (2) cannot be illuminated between the hours of 10:00 p.m. and 6:00 a.m. if visible from any portion of a Residential or Apartment District or any portion of PDH-1 Planned Unit Development District other than a commercial area, and (3) are allowed by conditional use permit in conjunction with assembly uses (churches) located in any Residential or Apartment zoning district. In addition, there are a number of requirements specific to electronic display signs that address the si-ecial characteristics of such signs: • Only one electronic display sign is allowed on any zoning lot; • Cannot exceed a height of eight feet, must be monument style, and the area of the sign face devoted to the electronic display cannot exceed 50 percent of the total area of the sign face or 32 square feet, whichever is less; t. y ~ \ 1 I `_ CITY OF VIRGINIA BEACH -ELECTRONIC DISPLAY SI NS ,Agenda Ite>tn 7 P,agle_2 .~, ~, .~ +, • All electronic displays shall remain static for a period of at least one hour, and change sequences must be instantaneous. Scrolling, flashing, blinking or any other type of intermittent illumination of elements of the display are not allowed; • The electronic display portion of the sign can only display text and two colors. No pictures, logos or other graphic elements can be electronically displayed. • The pixel pitch of the electronic display must be 19 millimeters of smaller; • All wiring to the sign must be installed underground; • Video displays or audio speakers on, or electronically connected to, the signs are not permitted; • The signs cannot exceed a maximum illumination of five thousand (5,000) candelas per square meter from sunrise to sunset or five hundred (500) candelas per square meter between sunset and sunrise, as measured from the sign face at maximum brightness; • Signs must be equipped with a working dimmer control device capable of automatically reducing the illumination to the required sunset-to-sunrise level; and • No electronic display sign can advertise or direct the attention of the general public to an establishment, business, or service that is located on a separate site from the zoning lot on which the sign is located. This provision is consistent with the City's prohibition of billboards. • Additional landscaping is required at the base of a freestanding electronic display sign. The current code requires 75 square feet of unspecified plant material. This proposed ordinance requires a minimum of 100 square feet of landscaping to include ground cover other than grass, low evergreen shrubs and perennial and annual flowering plants. EVALUATION In sum, the Planning Commission has two sets of amendments to the City Zoning Ordinance to consider: 1. The amendments referred by the City Council on April 13, which, if adopted, will prohibit electronic display signs; and 2. The amendments resulting from the meetings of the Committee appointed by the City Council, held on May 4 and May 11. The Planning Commission must act on the ordinance referred by the City Council as directed in the Resolution of April 13, 2010. The Planning Commission may also act on the ordinance amendments resulting from the City Council Committee, which is attached to this report and labeled `City Council Committee Alternate.' This set of amendments is similar to the version developed by the Planning Commission and recommended for approval to the City Council on January 13, 2010, but has been revised to include the two colors, increased landscaping and a one hour dwell time as discussed by the City Council Committee. Staff notes that the City currently has no regulations governing electronic display signs and that since the March 10th indefinite deferral of the LED sign ordinance by City Council, 28 new LED signs have been administratively approved with no regulation on their appearance or dwell time. The City Council Committee Alternative is an acceptable compromise that allows the electronic display technology, while placing significant controls on the appearance, dwell time and landscaping for these signs that help protect community aesthetics and public safety. r. ~ ; ~ ' - .. '" ~-` CITY OF VIRGINIA BEACH -ELECTRONIC DISPLAY agenda 9 NS ~ ', 7 9e 3 d City of Virginia. Beach s, " -' 041q NAZI°~1'i PUNNING DEPARTMENT PHONE (757) 385621 FAX (757) 385-5667 TlY 711 June 2, 2010 Planning Comrrlission Chair and Members of Pl~inning Commission Subject: City Council Committee Alternative Version Electronic Display Sign Regulations Dear Planning Commission Chair and Members of Planning Commission: VB~1/V~1 MUNICIPAL CENTER BUILDING 2, Roots 115 2405 COURTNOUSE DRIVE VIRGINIA BEACH, VA 23458-9040 As you are aware, on March 30th, City Council deferred indefinitely the ordinance regarding the regulation of on-site electronic display signs, also known as LED signs. On April 13`h, City Cou~icil referred the matter back to the Planning Commission and directed the Planning Commission to consider prohibiting electronic display signage in Virginia Beach or to recommend amendments concerning the regulation of such signs. The City Council also directed the Planning Commission to provide for a public process including, but not limited to, participation by representatives of the Council of Garden Clubs of Virginia Beach, the Virginia Beach Beautification Commission, the Council of Civic Organizations, the Hampton Roads Chamber of Cor.nmerce and members of the sign industry. Shortly after the ordinance was referred back to the Commission, Mayor Sessoms appointed a committee of ten members representing these organizations, as well as others. The committee thereafter met with City Staff, including a facilitator, Councilmembers Glenn Davis and Rosemary Wilson and Planning Commissioners Jan Anderson, Jay Bernas and Dave Redmond on two occasions, May 5 and May 11. Both meetings were open to the public and were advertised in accordance with the requirements of the Freedom of Information Act. June 2, 2010 Page 2 of 3 At the May 5 meeting, the Committee discussed a prohibition of on-site LED signs and, by a vote of six to four, recommended against a prohibition of electronic display signs. No consensus regarding the other aspects of the regulations was reached at that meeting. At the May 11 t" meeting, the most difficult issues discussed concerned the number of colors to be allowed on the LED portion of a sign, whether a full color logo would be allowed on the LED portion of a sign, and the minimum amount of time a display must remain static ("dwell time"). While the committee thoroughly discussed each of those issues, it was unable to arrive at a consensus in which all, or a clear majority, of the members agreed on the appropriate provision on any of the three. With respect to the first two issues, however, the members eventually accepted a compromise version that would allow displays to contain two colors of text, without logos or other graphics on the LED portion of a sign, and would allow the LED background to be illuminated. With respect to the issue of dwell time, no consensus or compromise could be reached. As a result, a vote was taken in which each of the ten committee members was asked whether he or she favored a minimum dwell time of one hour, one minute or thirty seconds. Five members voted for one hour, four members for thirty seconds, and one member voted for one minute. The ordinance in your agenda contains aone-hour minimum dwell time, reflecting the plurality vote of the committee. Because there was neither a majority nor a clear consensus, the Planning Commission may wish to pay special attention to this issue. Other provisions, such as the maximum area of the LED portion of the sign, the type or style of sign (freestanding monument), maximum height, zoning districts in which LED signs are allowed, pixel pitch (the distance between the adjacent pixels, expressed in millimeters) and June 2, 2010 Page 3 of 3 maximum illumination were agreed to by consensus. In addition, the committee recommended that the landscaping requirements be enhancers, and those provisions were added to the ordinance. As with any other ordinance coming before you, you are free to either recommend approval, recommend denial, or recommend approval of a revised version of the ordinance. Sincerely yours, n ~ti~ William J. Whit~iey, Jr. Planning Director WJW:jms 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION AMENDMENTS TO THE CITY ZONING 3 ORDINANCE DEFINING "ELECTRONIC DISPLAY SIGN" 4 AND PROHIBITING SUCH SIGNS IN ALL ZONING 5 DISTRICTS 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That there is hereby referred to the Planning Commission, for its consideration 14 and recommendation, proposed amendments to the City Zoning Ordinance defining the 15 term "electronic display sign' and prohibiting such signs in all zoning districts. A true 16 copy of such proposed amendments is hereto attached. The Planning Commission is 17 also directed to consider such other amendments concerning the prohibition or 18 regulation of electronic display signs as it may deem appropriate. 19 20 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 21 BEACH, VIRGINIA: 22 23 That the Planning Commission shall provide for a public process exceeding the 24 requirements of law in considering the proposed amendments and, to that end, shall 25 solicit the participation of interested stakeholder groups, including, but not limited to, the 26 Council of Garden Clubs of Vrginia Beach; the Virginia Beach Beautycation 27 Commission, the Council of Civic Organizations, the Hampton Roads Chamber of 28 Commerce and members of the sign industry doing business in Virginia Beach, and 29 such other individuals and groups as the Mayor or the City Council may designate. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 That the Planning Commission is hereby directed to report to the City Council its 35 • recommendations concerning the proposed amendments, or such other amendments 36 concerning the prohibition or regulation of electronic display signs as it may deem 37 appropriate, by no later than June 9, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 +h day of , 2010. 1 APPROVED ~4S TO LEGAL SUFFICIENCY: City Attorney's Office CA11491 R-1 March 31, 201 D 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE TO AMEND SECTIONS 111 AND 212 OF THE CITY ZONING ORDINANCE, DEFINING THE TERM "ELECTRONIC DISPLAY SIGN" AND PROHIBITING SUCH SIGNS IN ALL ZONING DISTRICTS Section Amended: City Zoning Ordinance Sections 111 and 212 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 111 and 212 of the City Zoning Ordinance are hereby amended and reordained, to read as follows: Sec. 111. Definitions. For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as herein indicated: Siyn electronic displav A sign containing light emitting diodes (LEDs). fiber optics light bulbs plasma displav screens or other illumination devices. or a senes of vertical or horizontal slats or cylinders that are capable of being rotated at intervals. that are used to chance the messages intensity of light or colors d~splaved by such si4n. The term shall not include signs on which lights or other illumination devices displav only the temperature or time of day in alternating cycles of not less than five (5) seconds. COMMENT The amendments define the term "electronic display aign." Specifically ezcluded from the definition are ordinary time/temperatnre signs that do not alternate cycles more frequently than every five seconds 42 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 43 TO ALL DISTRICTS 44 .... 45 46 B. SIGN REGULATIONS 47 48 .... 49 50 Sec. 212. Pra~hibited signs. 51 .52 The follc-wing signs shall be prohibited: 53 54 .... 55 56 gym) Electronic disolav si4ns. 57 58 59 COMMENT 60 61 The amendments prohibit electronic display signs in all zoning districts. As the proposed 62 definition of the 1:ernt electronic display sign" ezcludes time and temperature signs that alternate 63 in cycles of nu les:: than five seconds, such signs would not be included within the prohibition. 64 65 66 Adopted by the City Council of the City of Vrginia Beach, Virginia, on the 67 day of , 2010. Approved as to Legal Su~ciency: 'A - ~, ~~ V V~^~"' City Attorney ice CA11492 R-1 March 31, 2010 2 1 PLANNING COMMISSION RECOMMENDATION 2 3 4 AN ORDINANCE TO AMEND SECTION 111 AND ADD 5 NEW SECTION 217 TO THE CITY ZONING ORDINANCE, 6 DEFINING MONUMENT SIGNS AND ELECTRONIC 7 DISPLAY SIGNS AND ESTABLISHING REQUIREMENTS 8 FOR SUCH SIGNS 9 10 Section Amended: City Zoning Ordinance Section 111 11 12 Section Added: City Zoning Ordinance Sections 217 13 WHEREAS, the City Council deems traffic safety and community appearance, 14 including the economic benefits accruing to the City as a result of its attractiveness to 15 visitors and businesses, to be important governmental interests deserving of protection; 16 and 17 18 WHEREAS, signs that are capable of changing messages by electronic means 19 (electronic display signs) are designed to attract and hold the attention of motorists and 20 other passers-by and are generally brighter and visible from greater distances than 21 conventional, non-electronic signs; and 22 23 WHEREAS, electronic display signs are capable of providing a greater amount of 24 information than conventional signs by virtue of their visibility and ability to easily 25 change the messages they display, and therefore attract the attention of consumers and 26 other persons desiring to have such information immediately available to them, such 27 that they have the potential, without strict regulation of certain of their characteristics, to 28 unreasonably distract motorists and to significantly and adversely affect the appearance 29 of the City; and 30 31 WHEREAS, the City Council finds that limiting the frequency of message 32 changes and requiring messages to remain static, rather than animated or intermittent, 33 is of paramount importance in ensuring that electronic display signs are not garish, 34 unattractive and unreasonably distracting to motorists; and 35 36 WHEREAS, the City Council finds that the regulation of electronic display signs 37 provided by this Ordinance will substantially protect and advance the interests in traffic 38 safety and community appearance of the City, its residents and its businesses by 39 limiting the type of illumination, frequency of message changes, number, size, height, 40 location, brightness, and other characteristics of such signs; and 41 42 43 44 45 46 47 48 49 50 51 52 53 54 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 81 82 83 WHEREAS, the City Council also finds that, in order to ensure that the public benefits derived from expenditures of public funds for the improvement and beautification of streets and other public structures and spaces will be protected, it is necessary ar~d in the public interest to exercise reasonable control over electronic display signs in the manner set forth in this Ordinance; and WHEREAS, it is not the purpose of the City Council in adopting this Ordinance to regulate the content of the messages displayed on such signs in a manner inconsistent ~r~ith the protections afforded by the Constitutions of the United States and Commonwealth of Virginia, but rather to do so in a manner in which the regulations set forth herein (1) are content-neutral; (2) are narrowly tailored to .serve the aforesaid governmental interests and (3) allow ample alternative means of communication; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That ~>ection 111 of the City Zoning Ordinance is hereby amended and reordained, and a new Section 217, pertaining to electronic display signs, is hereby added, to react as follows: Sec. 111. Definitions. For the purpose of this ordinance, words used in the present tense shall include the future; wards used in the singular number include the plural and the plural the singular; the ease of any gender shall be applicable to all genders; the word "shall" is mandatory; tine word "may" is permissive; the word "land" includes only the area described as I~eing above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as herein indicated: Sign. Electronic display. A sign containing light emitting diodes (LEDs), fiber optics, light b~~lbs, plasma display screens or other illumination devices, or a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals, that are used to change the messages, intensity of light or colors displayed by such sign. The term shall not include signs on which lights or other illumination devices display only the temperature or time of day in alternating cycles of not less than five (5) seconds or only motor vehicle fuel prices displayed continuously. Sign, monu,~ent. A freestanding sign supported primarily by internal structural framework or integrated into landscaping or other solid structural features other than support poles, and the base of which is at least seventy-five (75) percent of the total width of the sign. Monument signs have the following additional characteristics: 2 84 ~a) The width of the base does not exceed twice the height of the total sign 85 structure and does not extend more than one (1) foot beyond either outside edge of the 86 face of the sign; 87 88 (b) The height of the base is between eighteen (18) inches and four (4) feet; 89 and 90 91 ~c) The maximum height of the sign, as measured from ground level, does not 92 exceed eight (8) feet. 93 94 COMMENT 95 The amendments to Section 111 define the term "electronic display sign." Specifically 96 excluded from the definition are ordinary time/temperature signs that do not alternate cycles more 97 frequently than every five seconds and signs continuously displaying only gasoline prices. The 98 remaining amendments to the section refine the definition of the term "monument sign." 99 100 .... 101 102 103 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 104 TO ALL DISTRICTS 105 106 .... 107 108 B. SIGN REGULATIONS 109 110 .... 111 112 Sec. 217. Electronic display signs. 113 114 ja) Electronic display signs shall conform to the provisions of this section, all 115 applicable general sign regulations set forth in Part B of Article 2 and all applicable sign 116 regulations of the district in which an electronic display sign is located. 117 118 jb) Electronic display signs shall be allowed: 119 120 (1) In the B-1A. B-2, B-3 and B-4 Business Districts; 121 122 f 2) In conjunction with hotels in the RT-1 Resort Tourist District; 123 124 (3) In conjunction with schools or other public uses in any zoning 125 district; provided that electronic display signs in conjunction with 3 126 public parks shall be allowed only with the approval of the City 127 Council 128 129 ,(4) In the B-3A Pembroke Central Business Core District and the B-4C 130 Central Business Mixed Use District. with the approval of the Citv Council: 131 132 ,(5) By conditional use permit, in coniunction with religious uses located 133 in a Residential or Apartment District; and 134 135 (6) In the PDH-1 Planned Unit Development District, by modification to 136 the land use plan. 137 138 (c) No electronic displav sign shall be allowed in coniunction with any use or -139 establishment: unless such use or establishment is allowed to have a freestanding sign 140 under applics~ble district sign regulations, and no such sign shall be allowed in anv 141 Historic and Cultural District. In addition. notwithstanding the provisions of subdivision 142 (10) of subsection (d), no electronic displav sign within or visible from anv portion of a 143 Residential or Apartment District or anv portion of PDH-1 Planned Unit Development 144 District other than a commercial area shall be illuminated between the hours of 10:00 145 p.m. and 6:00 a.m. 146 147 (d) Electronic displav signs shall conform to the following requirements: 148 149 ;(1) No more than one such sign shall be permitted on anv zoning lot; 150 151 ~'2) No such sign shall exceed a height of eight (8) feet; 152 153 ~,'3) The area encompassed by an electronic displav shall not exceed 154 fifty per cent (50%) of the total area of the sign face or thirty-two 155 (32) square feet per face, whichever is less. The electronic displav 156 panel shall have a minimum border width on all sides equivalent to 157 ten per cent (10%) of the total width of the electronic displav panel. 158 Such border shall not be included in determining the area of the 159 sign; 160 161 ~'4) Such signs shall be monument -style, in accordance with section 162 111, provided, however, that in the B-3A Pembroke Central 163 Business Core District and B-4C Central Business Mixed Use 164 District. the City Council may allow an establishment to have one 165 wall-mounted L1) electronic displav sign in lieu of a building 166 identification sign; 167 168 'S) No such sign shall advertise or direct the attention of the General 169 public to an establishment, business or service that is located on a 170 separate site from the zoninG lot on which the sign is located; 4 171 172 S6) The electronic display portion of such signs may not display any 173 pictures, other graphic elements or any matter other than text with a 174 maximum of two colors on an unilluminated black background; 175 176 ~7) The pixel pitch of the electronic display portion of such signs shall 177 be nineteen (19) millimeters or smaller; 178 179 (8) All electronic displays shall remain static for a period of at least five 180 j5) minutes, and change sequences shall be accomplished by 181 means of instantaneous re-pixelization. Scrolling, flashing, blinking 182 or any other type of intermittent illumination of elements of the 183 display shall be prohibited; 184 185 (9) Audio speakers on, or electronically connected to, such signs shall 186 not be permitted; 187 188 X10) Such signs shall not exceed a maximum illumination of five 189 thousand (5,000) candelas per square meter from sunrise to sunset 190 or five hundred (500) candelas per square meter between sunset 191 and sunrise. as measured from the sign face at maximum 192 brightness, and shall be equipped with a working dimmer control 193 device capable of automatically reducing the illumination to the 194 required sunset-to-sunrise level. Prior to the issuance of a sign 195 permit, the applicant shall provide written certification from the sign 196 manufacturer that the light intensity has been factory pre-set not to 197 exceed the maximum intensity level; 198 199 (11) The electrical service lines providing power to such signs shall be 200 underground; and 201 202 X12) Landscaping shall be provided as follows: 203 204 A. A minimum of one hundred (100) square feet of landscaped 205 area shall be provided around the base of any electronic 206 display sign, in a defined planting area containing mulch to a 207 minimum depth of three (3) inches. The landscaped area 208 required herein shall be included as a credit in the 209 calculations for parking lot landscaping required by Section 210 5A of the Site Plan Ordinance (Parking Lot Landscaping and 211 Foundation Landscaping Specifications and Standards); 212 213 B. Plant material shall include a combination of ground cover 214 other than grass, low evergreen shrubs not exceeding a 215 height of three (3) feet at maturity, and perennial and annual 216 flowering plants. All plant materials utilized to fulfill the 217 requirement of this section shall be subject to the approval of 218 the Planning Director or his designee; 219 220 C. All landscaping shall be maintained so as not to obstruct the 221 view of any portion of either sign face or the property 222 address displayed on the sign; and 223 224 D. All landscaping shall be maintained in good condition at all 225 times, and any unhealthy, dying or dead vegetation 226 determined shall be replaced in a timely manner consistent 227 with good landscaping practices. 228 229 230 COMMENT 231 232 The am~:ndments allow electronic display signs by right only in certain zoning districts or in 233 conjunction with certain uses, such as schools and other public uses, with the exception of public 234 parks. In other places, such as public parks and religious uses in Residential and Apartment 235 Districts, electronic display signs are allowed with City Council approval. 236 237 The amendments also provide that electronic display signs must, in addition to the 238 provisions of this section, conform to the City's general sign regulations contained in Part B of 239 Article 2 of the City Zoning Ordinance and to the applicable sign regulations of the district in 240 which the sign is located. In particular, the ordinance makes it clear that an electronic display sign 241 is permitted only if a freestanding sign is allowed by the district regulations applicable to the site. 242 243 In addition, there are a number of requirements specific to electronic display signs that 244 address the special characteristics of such signs. These requirements pertain to size, height, 245 frequency of message changes, wiring, sound, illumination and landscaping. In addition, the 246 ordinance prohibits electronic display signs from advertising or directing the attention of the 247 general public t:o an establishment, business or service that is located on a separate site from the 248 sign. This provilsion is consistent with the City's prohibition of billboards. 249 250 251 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 252 day of , 2010. 253 6 Approved as to Content: Approved as to Legal Sufficiency: Planning; Department City Attorney's Office CA10718 R-22 June 9, 2010 7 1 CITY COUNCIL COMMITTEE ALTERNATIVE 2 3 4 AN ORDINANCE TO AMEND SECTION 111 AND ADD 5 NEW SECTION 217 TO THE CITY ZONING ORDINANCE, 6 DEFINING MONUMENT SIGNS AND ELECTRONIC 7 DISPLAY SIGNS AND ESTABLISHING REQUIREMENTS 8 FOR SUCH SIGNS 9 10 Section Amended: City Zoning Ordinance Section 111 11 12 Section Added: City Zoning Ordinance Sections 217 13 WHEREAS, the City Council deems traffic safety and community appearance, 14 including the economic benefits accruing to the City as a result of its attractiveness to 15 visitors and businesses, to be important governmental interests deserving of protection; 16 and 17 18 WHEREAS, signs that are capable of changing messages by electronic means 19 (electronic display signs) are designed to attract and hold the attention of motorists and 20 other passers-by and are generally brighter and visible from greater distances than 21 conventional, non-electronic signs; and 22 23 WHEREAS, electronic display signs are capable of providing a greater amount of 24 information than conventional signs by virtue of their visibility and ability to easily 25 change the messages they display, and therefore attract the attention of consumers and 26 other persons desiring to have such information immediately available to them, such 27 that they have the potential, without strict regulation of certain of their characteristics, to 28 unreasonably distract motorists and to significantly and adversely affect the appearance 29 of the City; and 30 31 WHEREAS, the City Council finds that limiting the frequency of message 32 changes and requiring messages to remain static, rather than animated or intermittent, 33 is of paramount importance in ensuring that electronic display signs are not garish, 34 unattractive and unreasonably distracting to motorists; and 35 36 WHEREAS, the City Council finds that the regulation of electronic display signs 37 provided by this Ordinance will substantially protect and advance the interests in traffic 38 safety and community appearance of the City, its residents and its businesses by 39 limiting the type of illumination, frequency of message changes, number, size, height, 40 location, brightness, and other characteristics of such signs; and 41 42 WHERI.AS, the City Council also finds that, in order to ensure that the public 43 benefits deri~~ed from expenditures of public funds for the improvement and 44 beautification of streets and other public structures and spaces will be protected, it is 45 necessary arn1 in the public interest to exercise reasonable control over electronic 46 display signs inn the manner set forth in this Ordinance; and 47 48 WHERi_AS, it is not the purpose of the City Council in adopting this Ordinance 49 to regulate tt~e content of the messages displayed on such signs in a manner 50 inconsistent with the protections afforded by the Constitutions of the United States and 51 Commonwealth of Virginia, but rather to do so in a manner in which the regulations set 52 forth herein ('I) are content-neutral; (2) are narrowly tailored to serve the aforesaid 53 governmental interests and (3) allow ample alternative means of communication; 54 55 NOW, 1"HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 56 OF VIRGINIA BEACH, VIRGINIA: 57 58 That Section 111 of the City Zoning Ordinance is hereby amended and 59 reordained, and a new Section 217, pertaining to electronic display signs, is hereby 60 added, to read as follows: 61 62 Sec. 111. Definitions. 63 For the purpose of this ordinance, words used in .the present tense shall include 64 the future; words used in the singular number include the plural and the plural the 65 singular; the use of any gender shall be applicable to all genders; the word "shall" is 66 mandatory; th~~ word "may" is permissive; the word "land" includes only the area 67 described as being above mean sea level; and the word "person" includes an individual, 68 a partnership, association, or corporation. In addition, the following terms shall be 69 defined as herf:in indicated: 70 .... 71 Sign, electronic displav. A sign containing light emitting diodes (LEDs) fiber 72 optics. light bulbs, plasma displav screens or other illumination devices or a series of 73 vertical or hori~~ontal slats or cylinders that are capable of being rotated at intervals that 74 are used to change the messages, intensity of light or colors displayed by such sign. 75 The term shall not include signs on which lights or other illumination devices displav 76 only the temperature or time of day in alternating cycles of not less than five (5) seconds 77 or only motor vehicle fuel prices displayed continuously. 78 79 Sign, monument A freestanding sign supported primarily by internal structural 80 framework or integrated into landscaping or other solid structural features other than 81 support poles, and the base of which is at least seventy-five (75) percent of the total 82 width of the sign. Monument signs have the following additional characteristics: 83 2 84 (a) The width of the base does not exceed twice the height of the total sign 85 structure and does not extend more than one (1) foot beyond either outside edge of the 86 face of the sign; 87 88 (b) The height of the base is between eighteen (18) inches and four (4) feet; 89 and 90 91 (c) The maximum height of the sign, as measured from ground level, does not 92 exceed eight (8) feet. 93 94 COMMENT 95 The amendments to Section 111 define the term "electronic display sign." Specifically 96 excluded from the definition are ordinary time/temperature signs that do not alternate cycles more 97 frequently than every five seconds and signs continuously displaying only gasoline prices. The 98 remaining amendments to the section refine the definition of the term "monument sign." 99 100 .... 101 102 103 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 104 TO ALL DISTRICTS 105 106 .... 107 108 B. SIGN REGULATIONS 109 110 .... 111 112 Sec. 217. Electronic disalav suns. 113 114 (a) Electronic display signs shall conform to the provisions of this section, all 115 applicable general sign regulations set forth in Part B of Article 2 and all applicable sign 116 regulations of the district in which an electronic display sign is located. 117 118 (b) Electronic display signs shall be allowed: 119 120 (1) In the B-1A, B-2, B-3 and B-4 Business Districts; 121 122 (2) In coniunction with hotels in the RT-1 Resort Tourist District; 123 124 (3) In coniunction with schools or other public uses in any zoning 125 district; provided that electronic display signs in coniunction with 3 126 public parks shall be allowed only with the approval of the City 127 Council 128 129 ~4) In the B-3A Pembroke Central Business Core District and the B-4C 130 Central Business Mixed Use District. with the approval of the City Council: 131 132 Li) By conditional use Hermit, in conjunction with religious uses located 133 in a Residential or Apartment District; and 134 135 Vii) In the PDH-1 Planned Unit Development District, by modification to 136 the land use plan. 137 138 jc~lo electronic display sign shall be allowed in coniunction with any use or 139 establishment _unless such use or establishment is allowed to have a freestanding sign 140 under apglicat~le district sign regulations, and no such sign shall be allowed in any 141 Historic and Cultural District. In addition, notwithstanding the provisions of subdivision 142 (10) of subsection (d), no electronic display sign within or visible from any portion of a 143 Residential or Apartment District or any portion of PDH-1 Planned Unit Development 144 District other than a commercial area shall be illuminated between the hours of 10:00 145 p.m. and 6:00 ~~.m. 146 147 (d) Electronic display signs shall conform to the following requirements: 148 149 ~I) No more than one such sign shall be permitted on any zoning lot; 150 151 ~~ No such sign shall exceed a height of eight (8) feet; 152 153 ~3) The area encompassed by an electronic display shall not exceed 154 fifty per cent (50%) of the total area of the sign face or thirty-two 155 (32) square feet per face, whichever is less. The electronic display 156 panel shall have a minimum border width on all sides equivalent to 157 ten per cent (10%) of the total width of the electronic display panel. 158 Such border shall not be included in determining the area of the 159 sign; 160 161 ~1 Such signs shall be monument -style, in accordance with section 162 111s provided, however, that in the B-3A Pembroke Central 163 Business Core District and B-4C Central Business Mixed Use 164 District, the City Council may allow an establishment to have one 165 wall-mounted (1) electronic display sign in lieu of a building 166 identification sign; 167 168 L.) No such sign shall advertise or direct the attention of the general 169 public to an establishment. business or service that is located on a 170 separate site from the zoning lot on which the sign is located; 171 172 (6) The electronic display portion of such signs may not display any 173 pictures, other graphic elements or any matter other than text with a 174 maximum of two colors; 175 176 (7) The pixel pitch of the electronic display portion of such signs shall 177 be nineteen (19) millimeters or smaller; 178 179 ~8) All electronic displays shall remain static for a period of at least one 180 (1) hour, and chance sequences shall be accomplished by means 181 of instantaneous re-pixelization. Scrolling, flashing, blinking or any 182 other type of intermittent illumination of elements of the display 183 shall be prohibited; 184 185 ~9) Audio speakers on, or electronically connected to, such signs shall 186 not be permitted; 187 188 (10) Such signs shall not exceed a maximum illumination of five 189 thousand (5,000) candelas per square meter from sunrise to sunset 190 or five hundred (500) candelas per square meter between sunset 191 and sunrise, as measured from the sign face at maximum 192 brightness, and shall be equipped with a working dimmer control 193 device capable of automatically reducing the illumination to the 194 reguired sunset-to-sunrise level. Prior to the issuance of a sign 195 permit the applicant shall provide written certification from the sign 196 manufacturer that the light intensity has been factory pre-set not to 197 exceed the maximum intensity level; 198 199 (11) The electrical service lines providing power to such signs shall be 200 underground; and 201 202 (12) Landscaping shall be provided as follows: 203 204 A. A minimum of one hundred (100) square feet of landscaped 205 area shall be provided around the base of any electronic 206 display sign, in a defined planting area containing mulch to a 207 minimum depth of three (3) inches. The landscaped area 208 required herein shall be included as a credit in the 209 calculations for parking lot landscaping required by Section 210 5A of the Site Plan Ordinance (Parkins Lot Landscaping and 211 Foundation Landscaping Specifications and Standards); 212 213 B. Plant material shall include a combination of around cover 214 other than Grass, low evergreen shrubs not exceeding a 215 height of three (3) feet at maturity. and perennial and annual 216 flowering plants. All plant materials utilized to fulfill the 217 reauirement of this section shall be subject to the approval of 218 the Planning Director or his designee; 219 220 C. All landscaping shall be maintained so as not to obstruct the 221 view of any portion of either sign face or the property 222 address displayed on the sign; and 223 224 D. All landscaping shall be maintained in good condition at all 225 timess and any unhealthy. dying or dead vegetation 226 determined shall be replaced in a timely manner consistent 227 w_ ith good landscaping practices. 228 229 230 COMMENT 231 232 The ame~~dments allow electronic display signs by right only in certain zoning districts or in 233 conjunction wit6~ certain uses, such as schools and other public uses, with the exception of public 234 parks. In other places, such as public parks and religious uses in Residential and Apartment 235 Districts, electronic display signs are allowed with City Council approval. 236 237 The amendments also provide that electronic display signs must, in addition to the 238 provisions of this section, conform to the City's general sign regulations contained in Part B of 239 Article 2 of the City Zoning Ordinance and to the applicable sign regulations of the district in 240 which the sign is located. In particular, the ordinance makes it clear that an electronic display sign 241 is permitted only if a freestanding sign is allowed by the district regulations applicable to the site. 242 243 In addition, there are a number of requirements specific to electronic display signs that 244 address the spe~zial characteristics of such signs. These requirements pertain to size, height, 245 frequency of m~sssage changes, wiring, sound, illumination and landscaping. In addition, the 246 ordinance prohibits electronic display signs from advertising or directing the attention of the 247 general public to an establishment, business or service that is located on a separate site from the 248 sign. This provision is consistent with the City's prohibition of billboards. 249 250 251 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 252 day of , 2010. 253 6 Approved as to Content: Planning Department CA10718 R-21 May 14, 2010 Approved as to Legal Sufficiency: City Attorney's Office 7 L7 z ~I E-~ MCI a a w as O O U q~ a O w a a~ oio a O_ O N ri .~ Q W Q Q O H H d a Q w a d U O W H H ~ Q o 0 0 0 x Q o 0 0 0 N N N N M M M M .. .~ w as H o~ ~ ~ ~ ~ ~" H H H H wo z z z z Ha 0 v~ ~z ~ '. ~ Q Q~ N _ 3 ~ N N - .~ a N Z Q a ~ a ~ ~ ~ ~ . ° pp c ~ ~, o M Q ~ N «i b~A ~ ~ ~ b~A .-. ~ Q ~A o "d ~ ~ bA ,~ ~ ~ ~ ,~ ~ ~ O ~ vpp'' ~ -d ~ ~ ~ ~. a~ U "CZ ~ a~ ~ ~ bn c, ~ F-~ ~~ c ~ ~ '' ~ ~ ~ a o ~ 0 U 3C1 ° ' ~ ~ ~ oCG Q ~ ~ ,. ~ ~ ~, ~ ~ ,c ~ ~r o ~ ~ ~ ~ .~ ~ ~ p ~" • b A ~O ~ ~ ~ • ~A M ~ L'. .~ > • . ~ ~ M 4~ ~ C/1 • ~ ~ 0 + ~Q ~ N ~ ~ . + ~f U ~ ~I' ~ ' Q d -+ ~ M x M ~ 7 0 ~T M -~ ~ r z FN a a w as O O U A~ AG 0 w a N bA cd a 0 0 N M .~ C]. 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M ~ .~ ~ ~M a~ :b ~ ~ U .., b~D c~ 7 N ~ ~ ~ ~"i ~ 3 ~ r l' ' ' ° m 7 c7 o ~o .~ ~ ~~ ~ ~ ~ ~ ~~' oo o C ~ ~ _~ ~ .c~ ~ M N z ~ - ~ ~ ~ oo ~ ~ ~~ _ ~ ~ ~ td ~. p ' ~ N " ~ ~ ~ • ~ ~ ~ ~, ^a v~ L: 00 ' bq ~ ~ ~~~r+ ~ ~ , ~ ~ Cs O ~ ~ N v V] ~ L1 N ~ ~ N ,C N ~ . ~G ~ r ~--~ ~C L7 z H a a w as 0 O V d O w a M N bA a O O N .M.a .~ u. d W Q Q O H d a d a A w a d U O W ~ Q o 0 0 o 0 ~ 0 ~ M M w as H z o~ ~ ~ € ~z H ~ H H° o z 0 z 0 z a d N N N A ~ z A ~ a ~ ~ ~ M a~, > ~,o ~ -o •~ ,~o '-" ^~' N N U ~ U ~ ~ O ~+ C ~~ M ~ [ G ~ N r.y ~ '~j ~ ~ M N F~-~~ 00 ~ '~ ~ O~ o ~ U '" C Ri '~ M l~ ° tvo ~ ~ a~ ~ ~, p o0 -d ~ . ~ oo , ~ v ~ -~ . ~ o ~ ...~ y ~ ~ o0 v r.• 3° > ~ z 3~ > ~ ~ ~ H ~ ~ °~ , ~ G7 z ICI H C/~ ~I a w as 0 O U A~ a w on a 0 0 N M .--+ .~ .~ H Q O H H d a Q w a Q U O H F ~ Q o 0 0 0 x Q o 0 0 0 N N N N ~, M M M M .--~ .~-. .-.. .-.~ .--+ .--~ r+ ..r ., ... ... c~ w a~ H z o~ ~ ~ ~ ~ ~~ ~ H H - H ~a z z z z a d ~ ~ ~ '~ ~ o ~ ~ ~ U ~ O ~ ~ ~ ti ~ ~ ~ ~ + -' > ~ ~ 3 ° c U ~ c .~ U ~ ~ ~~ v~ p q ~ ~~z ~ ~ ~.~ o ~ ~ o ~ ~, z¢a ~ ~ 'o ~ a~i U • own ~ ~'" ~ ~ ~ a~ 'b o c~ a~ ~ :.~ ~ ~ a~ ~, ~ c a~ ~ ~, Q, -~ o cw ° a ~ _~ a v~ ~ ~ Q. ~ r.. ~ ~ + !-• ~ ~ OO ~ 'C ~ 'Cf ~ :~' ~ ~ O a a z z ELECTRONIC DISPLAY SIGN REGULATIONS OUTSIDE VIRGINIA BEACH Newport News, VA Electronic Display signs are allowed in commercial and multifamily districts. No content limitations. • Content may change every three seconds. Hampton, VA • Allows Electronic Display signs. Suffolk, VA • Electronic Display signs are allowed in the B-2 Business District. • Content may change once every 60 minutes • The message cannot scroll; there can be no sense of motion. • 32 SF m;sximum or 50% of sign face, whichever is smaller. Charlottesville, \/A • Electronic Display signs are not permitted. Norfolk, VA Electronic c1-angeable copv sign. Any sign, other than an outdoor advertising sign or a public service message board, having a conspicuous and intermittent variation in illumination, message, color, or pattern powered by electricity and which meets all of the following criteria: (a) The area of the electronic sign face is not more than fifty (50) percent of the total signage affixed to the structure where the electronic sign is located; and (b) No Fart of any illumination or message on the electronic sign flashes, changes, moves, alters in degree of brightness or intensity, nor turns on or off more frequently than ~~nce every 5 seconds. Illumination: Flashing lights prohibited. Except when expressly permitted by this chapter, no flashing, laser generated, strobe, blinking or intermittent lights shall be permitted on or as part of any sign. Charlotte, NC • Electronic Display signs are permitted in all commercial zoning districts. • Maximum size is 25% of allowable face area. • Content ran change only once a day. Chesapeake, V~~ • Electronic:, Display signs are permitted in all commercial zoning districts. • Maximum size is 50% of allowable face area of any freestanding or wall sign. • Content can change eight times a day. Ocean City, MD • Electronic Display signs are permitted in all commercial zoning districts. • Maximum size is 150 SF. • No restriction on content, colors, or dwell time. Orlando. FL • Electronic Display signs are not allowed. Daytona Beach, FL • Electronic Display signs are not allowed. San Antonio. TX • Electronic Display signs are permitted in all commercial zoning districts. • May not be closer than 100 feet of a residential zoning district. Fairfax County, VA • Electronic Display signs are permitted in all commercial, industrial, and planned community zoning districts. • Content change is limited to twice a day. • No limitation on content or colors. Portsmouth. VA • Electronic Display signs are permitted in all commercial and industrial zoning districts. • Maximum size is limited to 125 SF per face. • Content may not scroll or blink. • No video allowed. • Content may change every 15 seconds. Myrtle Beach, SC • Electronic Display signs are permitted in all commercial zoning districts. • Maximum size is limited to 40% of the allowable sign face. • No limitations on colors, content changes, or dwell time. Nags Head, NC • Electronic Display signs are permitted in any district. • No animation allowed. • Content may change every 24 hours. Sarasota. FL • Electronic Display signs are permitted in all commercial districts. • Content must remain static and may change no more than once every 24 hours. .~ .~ Q 0 i Q C _~ Q _~ .~ L +-+ U N W + ~ O V ~ ~~ ~M N~ OCR ~~r n Z' _-~N O ~ ~ C O~ M ~ ~~ UcA~r n Z _-~N O ~ ~ c O~ M O~0O0 Uc~~t n Z _-~N O ~ ~ c O'~ M O~~ UcA~r n Z' ~N ~ ~ ~ C O~ M Ow0O0 Uc~~ ~ Z' _-7N O ~ ~ O O~ M ~+40Op Uc~~ ~ (/~ Cep ~ ~ O cC~I~ +~ O 00 2-,°O o U c N o o~ U ~N Q~aOO O ~ O~ H~~n ~. ~ a o U ~ O ~ c0 N O ~ N~ QY~n >, c °' o C O ~ aoi (/1 r C~ NN QZ~ -a 3 N ~ ~ -v m ~ ~ c N ~ O ~ - U C -c ~ o ~ a~ C ~ ~ t cv ~ C c O N Q ~ _ ~ j O C O Q ~ O N O O Q U ~ >. J ~ - N m ~ ~ Q .~ N O O U +.• c N c ~ °' N ~ > a :F:r c ~ 2 ~. 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Q N ~ ~ ~ ~ ~ ~~ ~ ' ~ ~ _ C ~ N o = ?~ O cn U • sC ~ c n 0 ~ +,, ~ o U ~ 'i Z t1 '~ ~ O O ~ s~ °~ ~ -° ~ o U C~ ~ Q U ~ ~ ~ ~ ~ ~ _O O O 5 ~ ~ N Y to ~ L . _U ~ ~ N N ~ ~ ° U O N U Rf _ " o `~ o o ~ a °-' ~ Z a a. Q v ~~ ~ ~L ~ • ~ ~ ~ 0 • r..~ L 3 = ~ ~ o L o N = ~ ~ Q V = V 'd C ~ O ~ O ~ - ~ . ~ ~ ~ j, ~ O N C i N • ... O j ~ °' .~. ~ ~ ~ N ~_ N ~ •N ~ C .~ c ~ N C Q' O 'O ~ C (6 ~ vi ~ .a ~ C N a a~ ~ t+ O N ~ ~ ~L O .O ~ ~ ~ C~ ~ p ~ +~ v ~ O p ~ N ° o ~ U N ~ ~ C ~ ~ O rn N c 3 ~ N ~ ca N L O U .Q (~ ~ U .Q ~ Q U ~ N ~ ~ ~ N ~ O O O N Z Z ~ O C ~ (~ N Q. ~ ti ~ ~ • C O ++ Q .Q to V • ~ C K ~ ~ W J Item #7 City of Virgini<< Beach -Electronic Display Signs An Ordinance t~ amend Sections 111 and 212 of the City Zoning Ordinance defining the term "Electronic Display Sign" and Prohibiting su~~h signs in all zoning districts June 9, 2010 REGULAR Joseph Strange: Commissioner Henley, will you call the next item? Al Henley: I'll lie happy too. The next item is item 7, the City of Virginia Beach -Electronic Display signs. ,fin ordinance to amend Sections 111 and 212 of the City Zoning Ordinance, defining the teen "Electronic Display Signs", and prohibiting such signs in all zoning districts. We have some :speakers. The first speaker would be John Wilson. John Wilson: Chairman Strange and members of the Planning Commission, my name is John Wilson. I currently serve as the Chairman of the Hampton Roads Chamber of Commerce, the Virginia Beach division, and was privileged to serve on the committee that was appointed by City Council rel;arding this particular issue of amending Sections 111 and 212 for electronic display signs. I1: certainly has been an issue that has been ongoing throughout this year, and as we all know, it is an issue that got before Council in March. It was deferred, and after that deferral, Mayor Sessoms appointed a City Council committee consisting often different members. A co~xple of Commissioners, Commissioner Anderson was there, Commissioner Bernas, as well pis a couple of members of City Council, Councilwoman Rosemary Wilson, and Councilman Glenn Davis. The Chamber of Commerce was one of the appointed members of that committee. At our first meeting in early May, Mr. Tuck Bowie, one of our Vice Chairs attended that meeting. At the second meeting, which was the final meeting on May 11~', I was the representative of the Chamber of the committee as well. A lot of agreement came out of both of these meetings. At the end of the first meeting, what was the key vote, it was a 6-4 vote, the overall committ~;e often voted in favor of approval for LED signs for on-premises. To move forward with the regulations of those signs was the purpose of that second meeting. So, as we came to the second meeting, it was evident to all that the vote had been taken at the first that we were going to have LED display signs on premises. The key issue is how are we going to regulate them, acid control them, so we don't continue to have signs being approved by the City that are out there; without any regulations on therm at all. So, as we came to the second meeting, we were set to work on coming together with what would be the obvious ways to regulate these signs, and the committee agreed on a lot. We agreed on the size of these signs, the type of signs. We agreed on the percentage of the sign that could actually have a LED display as a percentage of the overall sigh itself. We agreed on the number of colors that the sign could possibly display. We agreed upon quite a few things. The one area that we were not able to reach a consensus was how often these signs message could be changed. It is often referred to as a "dwell time". There were three particular options that were given to us to vote. One was to have a dwell time of one hour, which means the message on the sign could not change except for once per hour. There were two other options. One was it to allow change every minute, and the third option was it to change every 30 seconds. We could not get a majority vote on any of those, so it was an area Item #7 City of Virginia Beach -Electronic Display Signs Page 2 that we said we would just defer to Council to figure out what type of dwell time we should offer. As we came to this, you kind of realize the number of different organizations that use these signs. Certainly, we're representing the Chamber of Commerce, which represents the business centers but we also realize that we have a lot of members such as the schools that are using these signs or have a desire to use them, as well as non-profit organizations, such as churches. The biggest or the best example I could come up with an on-premises display sign that is in use today. It is being used by the City of Virginia Beach. If you travel the interstate each and every day as I do, and you come towards the Beach to the Oceanfront, you will see a display sign at the Virginia Beach Pavilion. And that message is allowed to change every four seconds. It is very tastefully done. It is a very informative sign. As a resident, I know each and every month, and each and every week, I know what is going on there at the Pavilion. So, in conclusion, the Chamber of Commerce is in favor of the regulation of LED display signs. We would like to see this motion or this particular ordinance go forward to City Council, and allow them to move forward. To not regulate these display signs, allowing signs to continue to be approved for use by various organizations without any regulations, is not the right way to go, and the census that was taken up was that 28 additional signs have been approved without any regulations. We think this is wrong. One area that we can all agree on, both from the folks that sit behind me that may chose to speak here today, is that we don't want these signs to have scrolling messages that could be very disruptive. We don't want these signs to have blinking lights. We don't want these signs to have flashing lights. We don't want these signs to have anything that is moving around. We just want a sign that is very tastefully done where a message is static, and after a period of time, whether it is 30 seconds, a minute, or an hour, the message then can be changed. It would be in keeping with what many of the cities around us have already done. It would make us abusiness-friendly community. I ask that this particular commission forward on to City Council approval of amending Sections 111 and 212 to allow on premises LED display signs with the regulations that Planning Commission and this committee has put forth. I thank you for your time. Joseph Strange: Thank you Mr. Wilson. Are there any questions for Mr. Wilson? Can you stand here for just a second? John Wilson: Thank you. Joseph Strange: I have one question. What was the dwell time that you supported on this committee? John Wilson: Which one did I support? I voted for 30 seconds. Joseph Strange: 30 seconds. John Wilson: I did that understanding that current City of Virginia Beach Pavilion dwell time is 4 seconds. I think four seconds is probably too short but 30 seconds was much more appropriate. Joseph Strange: Okay. Thank you. Item #7 City of Virginia. Beach -Electronic Display Signs Page 3 Al Henley: The: next speaker is Gina Paulson. Gina Paulson: ~3ood afternoon. I just wanted to say that I attended both... Ed Weeden: Please state your name for the record. Gina Paulson: I"m sorry. I'm Gina Paulson with Signs of Success. You have to excuse me. I've never done this before. I attended the special committee meeting for the LED signs as an observer. I just ~,vanted to say that the recommendations of the City, Mayor Sessoms, and the city's special committee. There are pros and cons to both of those. I do want to say that the one I wanted to address the most is that LED signs do produce revenue, which is revenue for the city. The Mayor has :indicated that he was trying to find ways to increase the revenue for the city. If businesses do well, obviously the City gets the tax from that, and they will do well. My other concern was is that I agree with what they were saying as far as regulating the LED signs. My question is that :if you do have a one minute, 30 seconds, or one hour hold time, and if you're driving in a car, how will that person know if it changes in a minute and a hour. It really doesn't really. It is goir.~g to change when they go by, before they go by the sign. I agree, as far as flashing and scrolling. That is distracting. The one color/two color, I have a concern about that, because not everyone can afford LED signs, and the people that do, if they do want to have two colors, they have to purchase a full color unit to have just two colors. And, if not, they just have the monochrome; unit. And as far as that goes, if you don't have the flashing and the scrolling, and all that, it won't look like Las Vegas. I went to the meetings, and that was the biggest concerns of the ~3arden Committee. They said it would like Las Vegas, and we would have too many LED sign;>, but not every business is allowed to have afree-standing sign. Not a lot of businesses can afford them. So my comments are when it does go to the City Council, that the dwell time be orie minute or 30 seconds instead or one hour. If they could have full coloring instead of just tree two colors because it is not going to make a difference anyway. Thank you. Joseph Strange: Thank you Ms. Paulson. Are there any questions? Al Henley: The :next speaker is Bob Jones. Bob Jones: Mr. Chairman and members of the Commission, I am Bob Jones. I am a resident of Great Neck area of Virginia Beach, and I'm here today on behalf of the Virginia Beach Beautification Commission. And, we appreciate the work of the committee that the Council had appointed. But ~Ne take the position that we would support the first proposal ordinance that you have proposed and amend the Zoning Ordinance. And that is to completely ban the electronic display signs in 'the city. There is obviously good things that came out of the committee's work, and we looked at those. At balance, we think that rather than have this regulatory scheme, it would be better:iust to ban these altogether. I want to just mention about the importance of the Beautification Commission over a long period of time, and their concern and dedication to the beautification of Virginia Beach. And without their efforts, we wouldn't have the beautiful city that we have today. As you may know, I was privileged to serve on the City Council. I served as Mayor of the City back in the 80s, and during that period of time, we really changed opinion in Virginia Beach in regard to the appearance of the city. And at that time, the City Council passed Item #7 City of Virginia Beach -Electronic Display Signs Page 4 building blocks, as I call them, for the transformation of the attractiveness of the city. The first one that passed was the establishment of the Resort Advisory Commission. And that went forward with dramatic success, but the thing to mention at this point is that it was not something that just happened. Members of that Commission, along with the City staff that helped them, put a tremendous amount of effort. They had through the Urban Land Institute in Washington, top urban designers in the country who came down and held conferences, seminars with them, drawings of what the resort area could look like. And these were passed with a tremendous amount of work, a lot of money from the city, and also from the resort businesses. If you stroll along the Boardwalk, it is just marvelous what landscaping has been done. I think the newspaper reported yesterday that the Boardwalk is one the 11 most attractive boardwalks in the United States, and that just didn't happen by accident. It was a lot of planning, a lot of work. The second thing that the City Council did back in those days was to draft a landscape ordinance, which has had, again, a transforming effect on the city. You are very familiar with that in your courses around the city. I come down Great Neck Road every day, take a turn onto Virginia Beach Boulevard. You have the old style London Bridge shopping center, and then ahalf--mile down, you have the one subject to the new regulations that would that have passed at Lowe's, which is very attractive. It has very nice berming and landscaping. It makes for a very attractive city, and that is what the Beautification Commission is all about, and wants to see that continued. I won't mention the business, but I'm sensitized to these signs that have been grandfathered, and a couple of them standing at intersections where you still have the 35-foot signs. Those are not prohibited. They are 12-feet now. It makes a huge difference what has happened in the signage. If you recall, and I don't know if you've seen this picture of what Virginia Beach Boulevard used to look like prior to the sign ordinance going in to affect, it was just, I think one of the terms here. It was a disgrace to the City, and with the efforts of the sign ordinances that have been passed, has addressed up the city dramatically. And, I think the question comes as to why we feel that the better posture is to ban this is captured in the first phrase. It puts it in the public interest, convenience, and necessity. That is the way it's gotten standardized by fellow legislation but you have necessity, convenience, and general welfare. Obviously there are signs that are necessary, signs for traffic direction, the location of the businesses, those sorts of things. The question really becomes do electronic display sign have anything that can be done any other way? And I think the answer is no. And that is very much the position of the Beautification Commission. I take the posture or model of Lynnhaven Mall, the Mecca of the temple of commercial success in Virginia Beach. There are no electronic display signs in that facility nor are there any around in the area impacting by the mall. I think it makes a huge difference if you had signs in the mall that were competing for electronic attention. It would make it look like a carnival going on. That is what the Beautification Commission has been trying to stop. But my judgment to what the Beautification Commission has presented to the City is really a gift of attractiveness, and we think that the Commission and the Council should continue that gift in the future, and ban these altogether. Let the existing kind of signage that we have allowed under the ordinance be the law of the city. Joseph Strange: Thank you Mr. Jones. Are there any questions? Item #7 City of Virgini<< Beach -Electronic Display Signs Page 5 Henry Livas: ~'ou obviously have a lot of experience in dealing with these signs, and the City government als~~. Do you see any benefits at all in us voting to have these signs take place in our communities? Bob Jones: It's a benefit over what Mr. Wilson was saying, nothing at all. Henry Livas: Ass far as regulations you're saying. Bob Jones: In terms of regulations. In many respects, that is a great improvement to what we have now. An Fictive ban to ban them, I think is the benefit to the city. Henry Livas: V~~e're not going to help balance the budget by having these signs are we? I heard there is some benefit there. Bob Jones: Well, that's the missing link. Ms. Paulson said they generate business. There is no evidence for that. So, it might be a reasonable assumption to think that if you have a better sign, you have more business. That is really not true. These signs you go by them so quickly. The paper reported, :[think, last week, that the average person sees 3,000 commercial messages a day. And, the one you see for two seconds, it's gone in 12 seconds from your memory. So, they don't really translate to economic benefit to the City. Henry Livas: And finally, what about promoting accidents? I notice there are not too many people talking a gout that recently, but I feel they do cause accidents. They have the potential. Bob Jones: Yeah. It does have the potential. It is a difficult question. We thought we had all of the engineering worked out on drilling deep in the ocean, and it just took one incident to say that we need to makE; a correction, so the evidence that has been done empirically on the studies sort of goes both wa;~s. But, all you need is one accident tomorrow, and then you said that safety is a big issue. We d~~n't thoroughly think that through. So I do think there is no question that the sign is designed to attract your attention. So, if it is not attracting your attention, the sign is not doing what it is ;>upposed to do. What the. person who put it there was supposed to do. Joseph Strange: Are there any other questions for Mr. Jones? Mr. Jones, I want to thank you for all your service 1 o the community over the years. Okay. Bob Jones: We do have folks that came here, and I would like to have them stand. Some of them want to speak. Thank you Mr. Strange. Joseph Strange: Thank you. Thank everyone for coming and showing your support today. Al Henley: The next speaker is Nancy Parker. Nancy Parker: Chairman Strange, thank you very much for having a lot of us come here today again on this particular issue. If I might for just for a second, I would like to thank those folks from the staff wl~o have given enormous amounts of time from your Planning staff, for this Item #7 City of Virginia Beach -Electronic Display Signs Page 6 committee, and this particular issue that we had to deal with. Ms. Anderson, and Jay were there, and Mr. Redmond was there. You all have done more than yeoman's on this particular issue, and we certainly appreciate it, because it is such a monumental issue. I'm here wearing two hats. Ed Weeden: Identify yourself please. Nancy Parker: I'm sorry. I'm Nancy Parker, a Virginia Beach resident, and I live in the Shadowlawn area. I'm a member of the Beautification Commission, as well as a past member of the City Council that worked on these issues many years ago. I'm wearing two hats here today, because I do support the ban, and when we took the vote at the committee, we lost. At that point you either sit back, and do nothing, or you jump in, roll your sleeves up and do the best job that you possibly can. So the next position is how do you develop these sign boards so they are not so intrusive, and sort of take over the entire roadway system? I think that what came out of the committee, if this is where you decide to go, was a compromise that was accomplished after a huge amount of robust conversation to say the least. I do appreciate the fact that John Wilson has come down from the Chamber. I think you can pretty much capture a lot of it. The biggest issue was the dwell time. How long was that to occur? And again, for some of us we are trying to look at the perspective of how you would ride down your roadways. What are you going to see? Yes, you can pass by one in 30 seconds. But as you ride down Virginia Beach Boulevard, and I don't stay on Virginia Beach Boulevard for 30 seconds, I'm riding down to get from point "A" to point "B", or you ride down Kempsville Road, or you ride down Shore Drive. What is the thing that you're going to see from the overall perspective? And, I think when you go back and look at the review of the electronic display sign regulations outside of Virginia Beach, those cities that are listed here as having longer display times are cities that we kind of hold up as those that have good planning. They are areas that we intend to go and visit. I mean Charlotte, North Carolina is one that we've always held up as having a good business sense about themselves, a good sense of place. And there's is longer than 5 minutes. There's is longer than an hour. I think it makes a statement. You know what? This $20.00 that I go to spend to buy something, it is not going to magically reappear, and half the size in two $40s or $50. Because when I go to buy my dinner, I'm not going to go down the street and buy another dinner because I see someone with a flashing sign. It really just becomes just a big distribution of the wealth. It really doesn't create wealth. I'm only going to buy so many papers. I'm only going to buy so many boxes of Kleenex. I'm only going to buy so much toilet tissue. So, you're not going to generate new money. You're just going to redistribute the money that is already there. So, as you all review this issue, again my first preference was for a ban. But I recognize the position that we're in, and I recognize the hard work that was done by the folks that were on the committee. And we did a lot of compromising. The dwell time is something that I think is strategically important for the overall look of our city. I think you all need to go back and review Jim Spore's letter on that particular issue. He made some real strong pertinent arguments on this particular issue. So, thank you very much. Joseph Strange: Were there any questions for Ms. Parker? Janice Anderson: Thank you Nancy. I know that you wanted a ban, but you kept with the committee, and tried to continue with and work out a compromise, and I appreciate that. It is Item #7 City of Virginia Beach -Electronic Display Signs Page 7 funny that you I;et out of a committee, and then when I'm reading over the agenda, is that what the committee came up with, even when we were all there, we all came up something a little different. What I want to ask you about it, I know there was a big issue on the dwell time. But with the colors, the recommendation was there could be two colors, but from your recollection, was there supposed to be an illuminated background or a black background? Nancy Parker::[ think they had decided on a black background. That was my memory. Janice Anderson: That's my memory too. Nancy Parker: "Chat's my memory. Janice Anderson: Maybe, I'll ask John about his. Something in the report says it was an illuminated bacl;ground, and I thought it was... John Wilson: I thought it was a black background but I wasn't sure. Janice Andersor.~: Okay. I just wanted to make sure that all three of us were on the same page. John Wilson: I remember they had more than two colors. Janice Anderson.: Yeah, I thought there were two colors. I know you wanted the full color. Okay. I think th~:re is a request in here for an illuminated background, and I'm assuming that you will not be supp~~rtive of that. Nancy Parker: ''hat was part of the compromise to get to certain other points along the way. So, again being the :sizing, what could happen with it? There was again, a lot of give and take that occurred on this particular issue. Again, it is not my first choice, but it is my second choice, I would rather we would end of being in this position than having nothing on the books. Because right now you hive nothing on the books, which is causing, I think is going to be some messes later on for us. '~'ou're going to ride by them and say, "Oh, my Gosh! I can't believe we did this." Janice Anderson: Okay. Nancy Parker: Thank you very much. Janice Anderson: Thank you. Nancy Parker: I appreciate your time for what you all have done. Thank you. Joseph Strange: Thank you. Al Henley: The next speaker is Tom Ward. Item #7 City of Virginia Beach -Electronic Display Signs Page 8 Tom Ward: Good afternoon Mr. Chairman and members of the Commission. Like others, I'm here under two or three different hats. I am a past director and current director of the Beautification Commission. I have been a member of the Mayor's Committee. Ed Weeden: State your name? Tom Ward: My name is Tom Ward. I live at 201 78th Street, at the North End of the Beach. First, a couple of things. As far as the black versus color background, my recollection also is black. But as Nancy indicated, there was a lot of give and take. I personally would have had a complete denial of any LED sign, monument signs for Virginia Beach. Having not been able to accomplish that and my arguments as long with others, we then worked for whatever kind of compromise we felt was most appropriate for the city, looking both after the safety, the business, as well as the current aspects. With respect to Mrs. Paulson's comment about having to buy a two color screen, the second alternative does allow for a single color, if you wish to do that. So, that should not be a particular issue. I am concerned very much about safety, as I mentioned. A single individual sign out there doesn't bother me too much, but at night driving, blinking lights, and all the other lights that are out there, in addition to things that are changing on a periodic basis. You see a complete array of lights flashing at you, grabbing our attention on a dark, rainy night or other conditions where you can't quite determine whether that is a red light or a green light. Is it a traffic light? What's out there? You get very confused. So, I think there is definitely a safety problem with these lights coming off and on. I would prefer a 24-hour dwell time. I have come down to a one-hour delay, because I think that would slow down this proliferation of light still blinking at you even though any one is not blinking at a particular rate that is going to gather your attention too much. The other points that I wanted to make have already been taken care of. I think I've covered the issues that I have personally, and would solicit your vote for the very first thing that is before you, and if not, leave pretty much the second one as the committee in quality came up with. Thank you all for your concern, and for your contributions to the welfare of this City. Joseph Strange: Thank you for coming. Tom Ward: Are there any questions? Joseph Strange: Are there any questions for Mr. Ward? Tom Ward: Thank you. Joseph Strange: Thank you very much. Al Henley: The next speaker is Judy Connors? Judy Connors: Good afternoon. My name is Judy Connors. I'm here representing myself. I have a great deal of admiration for my friends in the Beautification Commission, and the Garden Clubs, and not being a gardener. I was also a member of the Mayor's Committee. Not representing any particular group; so, I finally figured out that I was there to represent the Item #7 City of Virginia Beach -Electronic Display Signs Page 9 thousands and thousands of citizens in this city that don't want these signs that are not heard from. But the first thing that caught my eye on this was one on Virginia Beach Boulevard, and I thought, oh my ,goodness, is that what we're talking about? We do not want those. The committee met frst. We were told that we were expected to vote on whether to ban them or not. And there were few of us that said let's have a discussion before we get into that. So, we went ahead and had a vote, and it was noted that it was a 6-4 vote. My recollection is that one of the gentleman said ghat he was going to vote that way but reserved the right to change his mind as he learned about more about what the signs were all about. The next meeting, when he brought that up, it was sort of dismissed. We've taken that vote the previous week. So, it could have been a tie. But anyway, my preference is the ban completely. We're stuck with the ones that we got, but certainly, by doing nothing, we're going to have a lot more of the unattractive ones. Many of them are attractive. I come down Great Neck Road all the time. The one at Cox High School doesn't bother me one bit because it is tasteful, and it is not garish. But if we can't ban them, I would like to se~~ the work of the committee be upheld, so that we have some control over what is going on. I was one that voted for the one hour dwell time. Thank you very much for the opportunity to speak to you today. Joseph Strange: Are there any questions? Thank you very much for coming. Are there any other speakers? Al Henley: That is all the speakers. Joseph Strange: That's all the speakers. I guess I'll open it up for discussion among the Commissioners at this point. Who wants to talk first? Jan? Janice Anderson : I would be, and I know we have two options here: ban or no ban. And like I mentioned earlier, the way I look at these LED signs, a business community is asking us to catch up with technology. You've got a lot of signs out there that are either those neon signs that are lighted or you got a sign that is back-lit, so we do have lighted signs. Or the famous ones where you change the letters to do a different message every day. With the LED, it allows the businesses to put up a message or a current event or something that is happening, and it changes. I am comfortable with catching up, but I want it restricted. I think what the committee came up with will benefit the city. As everybody explained, it limits the portion of the sign that can be LED. A good portion of the sign has to be a standard sign. The pixel pitch, making sure it is good quality. I know that is something that you were concerned about Phil. The only thing that I want to see noted in the ordinance is that the display can have two colors. I don't want a backlit sign. I d~~n't want the background. I want a black background. I think it got kind of confusing during; the committee meeting, because we voted in stages of these different things. When we voted for two colors, there was a copy of a sign that had a black background, and it had white printed letters, and blue printed letters. It looked very nice; so, we agreed with that to give a sign company ~~r a business an opportunity to have colors to match their portion of the sign instead of the recs. Then, later on, we were talking about the portion of the sign, and they showed up another LED that had a backlit sign to it. It was an existing sign. So, that is the confusion. I do believe that ii' you do have a backlit, like you can have a red background with black light or a red background ~,vith yellow lettering or something, I think that is not what I'm looking for. I just Item #7 City of Virginia Beach -Electronic Display Signs Page 10 want the message to be out there. So, I would be in support of a two-color with anon-lit background. Joseph Strange: Two color with anon-lit. When you say black, are you saying black or non-lit? Janice Anderson: Well, my understanding all black background, the lights, and then you light them up. So, it would be anon-lit or black, either one. A black background would be fine. But I have listened to the committee. I'll be in support with the hour dwell time that they came up with. Personally, I probably could put up with a little less, but I will go with the committee and support that. Joseph Strange: Thank you. We have a late speaker who just signed up. It has been closed. Janice Anderson: I'll sponsor her. Joseph Strange: Okay. We'll support her. Jeanette Willenbrink. Jeanette Willenbrink: Willenbrink. Joseph Strange: Okay. Thank you. Come on up. Jeanette Willenbrink: I'm Jeanette Willenbrink. During the process of the last week or so, I've talked with a lot of people, and a lot of them are baby boomer ages. Not my age, not like some of the rest of us, but they have stuff. And they use Blackberrys, and they use all kinds of very high tech phones. Guess what they are doing? They Google everything, every business they want to go to. Any place they want to go to. Any restaurant they want to go to. That is how they are looking where they want to go. They don't need these signs. They simply don't need them. I think we've been just barking up the wrong tree. We don't need these signs. Our city is so lovely, and it has come such a long way. I've lived here for almost 40 years. And it has changed. It is so nice. Why do we want to mess it up? You know. That is really as simple as I can get. I think we're just... We need to go forward not back. Thank you. Joseph Strange: Thank you very much for coming. Are there any questions? Again, we will keep with our discussion. Thank you Jan for your comments. Mr. Redmond. David Redmond: Thank you Mr. Strange. First, I would like to thank everybody who is here. There was an enormous amount of work that went into this. Mr. Jones, Councilwoman Parker. If Judy Connors ever retired from public service, the whole place would probably come to a screeching halt as many things that she has her hands in. This is just one of them. I appreciate all the time that you put into this. It has been very difficult for everybody. I had a conversation with someone the other day who said "are you still after that?" I said, well yeah. It is just very, very difficult. There are lots of people who have a very strong opinion in one case, and lots of people who have a strong opinion in another. When we first tried to tackle this in the Planning Commission's first iteration, I thought we had taken a pretty good cut at a pretty workable compromise. Council made the decision that we needed wider consultation from the community. Item #7 City of Virginia Beach -Electronic Display Signs Page 11 I agree with that. In fact, we probably should have had it to begin with. And we've had that. Not everybody is happy with the result. I can understand that too. In my view if we have public groups who offE;r their opinions on things we ought to do our darnest to respect it. I don't want to kind of make up something new. I think what the group has done is pretty good. I was very comfortable with the compromise that we found the first time around. I'm comfortable with this one. But I thinly: it is important when we send this up to City Council that it very largely reflect what the group leas done. I do think if you're going to try and accept a multitude of views, you try to accommodate as many people as possible. Not everybody is going to love it but if you recall from one of the group meetings as the moderator said, "can you live with it?" You try to reach a point where everybody can live with something. I think this is probably pretty close to what we're going to do. As a result, I'm not going to support an outright ban. I think there is some use for this technology. Mr. Wilson's group and many others have expressed that, and frankly that was our judgment the first time around. So, that is my view on this. Like Jan, I'm fine with the on.; hour dwell time. I'm fine with a smaller dwell time but I think dwell time is the big deal in this. I think that is the most important thing. If the dwell time gets too small, pretty soon you do have that flashing effect that everybody wants to avoid. So, I like the work that the committee has done. I appreciate the work that the committee has done, and I'm comfortable with the work the committee has done. I'm open to ideas if anybody has a better one I've got an open mind. Joseph Strange: Commissioner Ripley? Ronald Ripley: You know I think that the work of the Commission was very good. I think the adjustments that have been made by this committee have augmented and improved it, I think in a lot of ways. I wish, and this is hind sight, and this is the way that I would have done it. I wish we would have Massed through this initial ordinance and regulated signs to the extent that we could have beca~~se it is just causing a problem delaying all of that, and then adjusted it down the road. I think we would have been better off as a city. But that is not the case. We have it here and hopefully winen it passes on to Council they will act on it or maybe they will wait. Who knows? But my premise of the electronic sign is that if you can create a sign that mimics. We have a lot of back lit signs all over the city. A lot of them look very nice particularly with the landscaping at tree base which has to be installed, etc. If you could mimic the electronic portion of it so that it falls in line with the way the back lit signs look, although with the ability to change messages, I'm perfectly comfortable with that. If you look around there are a lot of back lit signs all over the city. I think it is really important to make sure that the background is a black or a dark color and it isn't illuminated. That you just have the letters illuminated. I think that needs to be a definite n~commendation to the City Council, but it is really the dwell time. I was in favor of a one minute. I personally think an hour is too long. I think something in between is in order. I know this morning we talked about 5 minutes. I think that is a reasonable time, personally. I thi~lk that would probably satisfy most people, maybe not. I know it is not going to satisfy people th;it want to ban them altogether. I respect that too because I think I could see a city banning it. But on the other hand, I think the technology if it is brought in line, and it complies with oiir existing monument signs that are out there, and it helps augment them, it doesn't detract from them in a big way, I think it is fine. Item #7 City of Virginia Beach -Electronic Display Signs Page 12 Joseph Strange: Thank you Mr. Ripley. Mr. Russo. Phil Russo: I would just like to say that every day I really consider myself lucky being able to live in this beautiful City. After attending meetings like this, I also consider myself lucky because we have the input and the energy of people like Mr. Wilson, and the leadership of Ms. Parker and Mr. Jones who guided the city in the past, and I echo Mr. Redmond's statements, and thank them for their contributions to this effort. I would also like to echo Jan's and Ron's concerns. Apparently the committee came up with the resolution for the black background, and I think that should be in place. It seems like everybody agreed, and I'm not really sure how that didn't leave the committee. Anyway, I would agree that should be in place. There has been a tremendous amount of energy put into this. I am not in favor of a ban on the LED signs. We do need to embrace change, and I think this is where the future is going. I think there is some benefit to LED signs if the state of the art is captured and required for use in our city. I would also recommend that the City Council acts on this, and does not wait on this because otherwise all of this tremendous energy and the collective intelligence that we've used is going to be in vain. So, I hope that City Council acts on it. Joseph Strange: Thank you Commissioner Russo. Commissioner Felton? Christopher Felton: I have a question for two people if I could. Mr. Wilson and Ms. Paulson if I could ask you guys to step up to ask you a question please? Through the discussion, and I know I'm asking you to represent a group here of people. For the business owners and the people you meet and represent Mr. Wilson, would the hour dwell time, would that be worth their while to even pursue an LED sign if that was passed. Would they at that point say it is not worth their money or their time? Do you feel? As you stated, you supported the 30 seconds. John Wilson: I do, and I still think that an hour is too long. As we heard from several Commissioners today, they all made that comment. I would have either gone with less than an hour. I would have gone with less than an hour and gone with Mr. Ripley down to five minutes. So, even on the Commission it is almost like if we had a one minute/one hour. There is a whole lot of time between those two. What was interesting in our committee is one of the members voted in favor of this. Chandler Scarborough actually had a watch and he had us all remain silent for 30 seconds. That's pretty powerful to do that. So, that is even a long time. But especially when you compare it to the City of Virginia Beach which currently uses four seconds on the Pavilion. I would still strongly suggest that we go below an hour. I can't comment from a financial investment which business owners might still buy one versus which would not but I think an hour is excessive, and maybe a minute is too short, and maybe five is a compromise. That would be my opinion. Christopher Felton: Thank you. The same question to who your customers would be, would those customers still be interested? Do you feel? Gina Paulson: I really couldn't say. I can't say. If they want to advertise they will do it but I think they would be more appreciative if they could have something they could change. I agree that 30 seconds is too much. You said five minutes I think or someone did. I think between one Item #7 City of Virgini~~ Beach -Electronic Display Signs Page 13 and five minutes. I agree with the regulations. I'm not opposed to that. I'm just saying that the flashing and the; bright lights - I'm not for that myself. But one hour is just too long for the client. I do mostly the schools so they like to get the messages out to the parents, so when the parents are picking up their students, if you have an hour hold time they are not going to see when the next sports event was or when the next dance is going to be, whatever. That is what they use them now for. Christopher Felton: Okay. Thank you both. Joseph Strange: I have a question for Mr. Wilson. When we were talking about the back lit signs, I mean would you comment about your feelings on the color of the sign, and whether the background should be lit or not? John Wilson: I agree with Mr. Russo that we need to embrace the technology. I really hate to pigeon hole this technology with two colors with a black background. I think if you're going to govern on the d~~vell time on how often the message can change, you don't have current static signs out there today that all have black backgrounds. You have them in various colors. They are just not changing once every minute, once every five minutes, once every hour or whatever they maybe. So, I hate us to limit the technology when it could be tastefully done but remain static. And it just looks nice and vibrant. I would prefer that it be multi colored, and I've spoken to some of the members of Council who may have that opinion. So, I'm not really in favor of two colors with a black background. That is what the committee's consensus was, which some of the people we;re in the minority of banning them altogether. I may be in the minority of that opinion of having multicolor, and really, truly advocate embracing the technology but allowing that sign to be static. Joseph Strange: The most important thing for it is to look tasteful. John Wilson: Carrect. Joseph Strange: That is why I was wondering if you had any opinions or comments on that. John Wilson: I think what would make it tasteful is that it would be static and not blinking, flashing or scrol:~ing, and I think that we need to discuss the landscaping to go in line with what Mr. Jones was talking about. We're not going to have big tall signs. They are going to be monument style. They are going to be on the ground. They are going to be regulated as to the size, and heavily landscaped. So, they can be tastefully done and still allow an opportunity to change. Joseph Strange: ~~kay. Thank you. John Wilson: Thank you. Item #7 City of Virginia Beach -Electronic Display Signs Page 14 Christopher Felton: I'm not in support of a full out ban but I would support what came from the joint committee with one exception. I would personally go with one minute but if the compromise is five minutes, I can easily support five minutes as well. Joseph Strange: I think those numbers are little arbitrary. So, I'll be supportive of anything in that area. Are there any other comments? Mr. Horsley. Donald Horsley: As I stated this morning, I'm kind of in favor of what we have hashed out before. But I understand that we've had some discussions on the matter. We learn something all the time. Really, whether it is one minute or an hour or two hours or whatever, normal travel down the highway. You drive down Virginia Beach Boulevard or whatever. The only person that is going to know that the sign changes in one minute, or five minutes or one hour is if the person sits there and watches and keeps a stop watch. You're not going to really realize it. There is a sign on I-64, a billboard which are not dealing with here, but it is a billboard that changes on I-64. And I travel that route quite often. You come over the High Rise Bridge, you see a message up there. You get down the High Rise Bridge the message is still there. Every now and then you will see it change but I'm saying when you get the longer dwell times, you don't really know. The ones that we notice are, like the one's Chris mentioned about the schools who are constantly flashing because they have a lot of message to put up in a short period of time. So, I don't think that one minute or one hour or whatever, I don't think that is going to be that noticeable. The key to that thing is that we will be regulating these signs. I made a comment back this morning that there is one on Princess Anne Road that is really a horrendous LED sign that has been up for a couple of years now. It `s a shame that we didn't have regulations back when that was put up That is constantly rolling with all kinds of clauses and all. We've seen some very attractive signs. We had a sign down where that wanted to put up one. It was talking about putting up one that was a very attractive but it happened to be in a historic area. They can't put one up anyway. But it was a very attractive sign. With the monument type signs we have now, I think that these LED signs can be put up in a very attractive way. I guess it is going to be a matter of somebody biting the bullet and saying this is the type we're going to go with. We'll have to go with that but I really think when you reach a certain point that the average person is not going to really realize that the sign just changed because we're going to get a minute or whatever, and you're not going to notice unless you're just sitting still or in a traffic jam you may see that so you want something to do anyway and you read the sign. It doesn't make any difference to me whether we go with five minutes, one minute or one hour. It really doesn't matter to me. Someone else is going to make that final decision. I think when we really put this thing into perspective the sign is going to be there. We're not going to ban them, we're going to allow them. It is going to be there. We just have to make sure that we don't have them in that real short span where it is a constant revolving thing and flashing, and we've eliminated all of that. So, it is just a matter of coming to that conclusion of whether we want one minute, five minutes or whatever. I think that everybody will assume that is going to work, and I think it will work. So, like I said this morning, the one minute was fine with me just like we passed before but if you want to go with five minutes or you want to go with an hour, it really doesn't matter to me because Council is going to make that ultimate decision anyway. The schools probably will be the ones mostly effected by it because they won't be able to do that revolving thing. But I guess the ones that have them up now, Mr. Whitney, will they be grandfathered? Item #7 City of Virgini<< Beach -Electronic Display Signs Page 15 Jack Whitney: Yes sir. Donald Horsley: So, they can run them. Bill Macali: They won't be grandfathered. No. Donald Horsley: They will have to abide? Bill Macali: I'rn sorry. Grandfathered that is specifically mentioned in the ordinance as not being affected try the ordinance but they will be able to continue as before. I'm sorry. Donald Horsley: That's what I thought. My terminology and yours is a little bit different but that is alright. Bill Macali: W~~ still speak the same language. Donald Horsley: Yeah, we still speak the same language. We understand. Okay. That is my comment. Joseph Strange: Mr. Livas? Henry Livas: Yes. I want to go on record as supporting the ban. No one else has so far. First of all, I think it is << traffic issue. It is a safety issue. No one seems to place importance on that, but I think it is. We can talk about dwell time. We can talk about pixels and all that kind of stuff, and that only mikes them more attractive to take your eyes off the highway. But the safety issue isn't the only thing. I think this is visual pollution throughout the city. We talk about beautification oi' our city, and I don't know why we would want to be like Las Vegas or some of those other cities. I have that issue. I take exception to the fact that businesses want to continue to operate without this new technology. He mentioned buying Pampers. You have to go somewhere to biry them. I don't think these signs promote that. I don't think it makes any difference. You're going to go to different stores whether they have signs or not. So, my point of view is why allow this in our city when we're not getting much benefit out of it. I don't see where the city gets any benefit out of these signs. They might have done better on the billboards. I guess there is << monetary benefit there but signs on schools and churches, and things like that, I don't see much benefit. I'm against it. I'm for the ban. And also the fact there was a 6-4 vote by the Council ('ommittee, and I was told it was a possible 5-5 vote. I think we've been putting too much emphasis on the fact that these things were voted down. I don't they were voted down. I think the ban i:~sue is very much alive. I hope that City Council will take it. Joseph Strange: Thank you Mr. Livas. Is there any other discussion? My understanding is that the first vote that we have to take is to whether or not we're going to ban the signs altogether. I guess the first motion I will entertain will be a motion along those lines. Henry Livas: I make the motion that we ban future use of LED signs. Item #7 City of Virginia Beach -Electronic Display Signs Page 16 Al Henley: I second it. Joseph Strange: We have a motion by Commissioner Livas and a second by Commissioner Henley. Bill Macali: To be technical Mr. Chairman, let's just make it clear that you're voting on the first ordinance which appears in your agenda. It basically says the following signs shall be prohibited, then under subsection "m' and electronic display signs. Joseph Strange: An "AYE" vote is a vote to ban the signs. We're ready for the vote. AYE 2 NAY 7 ABS 0 ABSENT 2 ANDERSON NAY BERNAS ABSENT FELTON NAY HENEY AYE HORSLEY NAY KATSIAS ABSENT LIVAS AYE REDMOND NAY RIPLEY NAY RUSSO NAY STRANGE NAY Ed Weeden: By a vote of 2-7, the motion to ban has failed. Joseph Strange: At this time we will entertain another motion. Bill Macali: Mr. Chairman there is one thing that you may want to consider and it is entirely up to the body. Someone may make a motion to divide the question. You can vote individually on dwell time and the illumination issue, which I understand are the two major issues. If that is the case and if that is what you want to do, then someone can do it. Joseph Strange: Repeat that again? Bill Macali: A motion to divide the question means if someone moves to vote solely on the issue of the dwell time and the body agrees to do that then a vote would be taken on the dwell time. You can do that on anything or you could just make a motion for whatever provisions you would like. I am just suggesting that if there is an issue about that then that is something that is within your powers to do. Joseph Strange: So the motion will be to vote on the ordinance that came out of the committee with the variation of the dwell time or any other variations. Item #7 City of Virgini<< Beach -Electronic Display Signs Page 17 Bill Macali: That is absolutely proper. Yes sir. Joseph Strange: I will be entertaining a motion at this point. Mr. Ripley? Ronald Ripley: I'll treat them separately if you like? I want this thing to go through. Joseph Strange: We don't have to treat them separately. You can make a motion the other way too. Ronald Ripley: I understand that, but I think Counsel is correct that we accept the committee alternative. ThE: first one would be that the sign background shall be flat tones. Is that the right way to say that :' Bill Macali: And not illuminated? Ronald Ripley: And not illuminated. Bill Macali: Just to be clear, that would be on page S, lines 172 to 174. It would say that the electronic displ~iy portion of such signs may not display any pictures, other graphic elements or other matter other than text with a maximum of two colors on an unilluminated background. Ronald Ripley: And the background shall be black tones? Bill Macali: Unilluminated. They are all black pretty much. Jan Anderson: F[e can add that can he? Ronald Ripley: Yeah, I can add that. Bill Macali: Yep, that is fine. Ronald Ripley: Did you get that Mr. Chairman? Joseph Strange: Dwell time of five minutes. Ronald Ripley: I didn't say that. Joseph Strange; [didn't mean to put words in your mouth. Ronald Ripley: That's okay. I guess we'll divide the question at that point. And the second would be for a dwell time of five minutes. Bill Macali: On~~ motion at a time. Ronald Ripley: One motion at a time. Item #7 City of Virginia Beach -Electronic Display Signs Page 18 Joseph Strange: So, we're going to vote on the ordinance that came out of the committee with the exception of the colors on the signs, which he has restated. Bill Macali: It's not the colors on the sign. Its two colors on an unilluminated dark background. Joseph Strange: On an unilluminated dark black background. Ronald Ripley: Black. Janice Anderson: I'll second it. Joseph Strange: A motion made by Commissioner Ripley and seconded by Commissioner Anderson. The vote is open. Phil Russo: Mr. Chairman, I just want to make sure we're voting on a black background. Joseph Strange: We're voting on a black background. Phil Russo: Okay. Bill Macali: Why don't we just say an unilluminated black background. Ronald Ripley: Right. Joseph Strange: Is there any other discussion? Christopher Felton: We're doing this ordinance here with the addition that Ron just said, and taking out number eight paragraph there. Is that correct? Bill Macali: No, no. Joseph Strange: We're taking out the one hour dwell time. Janice Anderson: that's the next motion Chris. Christopher Felton: Okay. So, were voting it down, and we'll change dwell later. Okay. Gotcha! Joseph Strange: Is the one hour dwell time? Is that in the motion or not Mr. Ripley? Ronald Ripley: It is not in this motion. Bill Macali: This is just for the background. Joseph Strange: We vote on the ordinance that came out of the committee. Item #7 City of Virgini~i Beach -Electronic Display Signs Page 19 Bill Macali: If you vote on this you're voting only on what Subsection "6" or Subdivision "6" of Subsection "d",, lines 172 to 174. That settled, someone on the Commission will make a motion to vote what thi; Subdivision "8" says instead of the term "one hour" ,whatever else the person wants to make ~:he motion. If that motion passes, you just go ahead and presumably everybody is satisfied with tl~e vote, and then vote for the entire ordinance being passed incorporating the two votes that you I~ad before. Joseph Strange; Okay. Now I understand. We have three votes. Ed Weeden: This is for the background right? Joseph Strange: This is for the background. AYE 8 NAY ANDERSON BERNAS FELTON HENLEY HORSLEY KATSIAS LIVAS REDMOND RIPLEY RUSSO STRANGE AYE AYE NAY AYE AYE AYE AYE AYE AYE ABS 0 ABSENT 1 ABSENT ABSENT Ed Weeden: B}~ a vote of 8-1, the Board has approved the LED for two colors and unilluminated b;~,ack background. Joseph Strange: Thank you. We are not ready to entertain our second motion. Ronald Ripley: The second motion is that under Section 8 the dwell time shall be at least five minutes instead of one hour. Bill Macali: Then the vote would be to replace the term "(1)" hour with "five minutes." Joseph Strange: Is there any discussion? Do I have a second? Christophe Felton: Second. Joseph Strange; A motion made by Mr. Ripley and seconded by Mr. Felton. The vote is open. AYE 7 NAY 2 ABS 0 ABSENT 2 Item #7 City of Virginia Beach -Electronic Display Signs Page 20 ANDERSON AYE BERNAS ABSENT FELTON AYE HENLEY NAY HORSLEY AYE KATSIAS ABSENT LIVAS NAY REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 7-2, the Board has approved a dwell time of at least five minutes. Bill Macali: No. No less than five minutes. Ed Weeden: No less than five minutes. Bill Macali: In that case we would have a motion to approve the ordinance incorporating the two provisions that were agreed upon. Joseph Strange: We will now have a third vote. The third vote is to vote for the ordinance that came out of the committee with the changes that have been made in the past two motions. Okay. Bill Macali: So the vote will be the ordinance before you except at line 174, the words "on an unilluminated black background would be added, and on lines 179 and 180, it would read "all electronic displays shall remain static for a period of at least 5 minutes". Joseph Strange: Thank you Mr. Macali. Is there any other questions? Ed Weeden: Who made that motion? Joseph Strange: A motion by Mr. Ripley and seconded by Mr. Felton. Ronald Ripley: Made by Mr. Felton. Joseph Strange: Excuse me. Made by Mr. Felton and seconded by Mr. Ripley. Ed Weeden: By a vote of 6-2. Ronald Ripley: I vote "AYE". Bill Macali: You can just call for Mr. Ripley's vote. Ronald Ripley: I voted "AYE". Item #7 City of Virginia Beach -Electronic Display Signs Page 21 AYE 7 NAY 2 ABS 0 ABSENT 2 ANDERSON AYE BERNAS ABSENT FELTON AYE HENLEY NAY HORSLEY AYE KATSIAS ABSENT LIVAS NAY REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: B y a vote of 7-2, the Board has approved the ordinance that came from the LED committee with the changes to an unilluminated black background and dwell time of no less than five minutes. Joseph Strange: The motion has passed. APPOINTMENTS CHESAPEAKE BAY ALCOHOL SAFETY ACTION HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION M. UNFINISHED BUSINESS ABSTRACT OF VOTES -House of Representatives, 2"d District -June 8, 2010 ABSTRACT OF VOTES cast in the City of Virginia Beach ,Virginia, at the June 8, 2010 Republican Primary Election for: MEMBER HOUSE OF REPRESENTATIVES 2nd District TOTAL VOTES RECEIVED NAMES OF CANDIDATES AS PRINTED ON BALLOT (IN FIGURES) Ben Loyola, Jr. 8.000 E. Scott Rigell - ---------------------------------- 11.073 Bert K. Mizusawa 3,639 Jessica D. Sandlin 1,300 Scott W. Taylor ............................................ ...................... 2,425 Ed C. Maulbeck 1,066 Total Number of Overvotes for Office 2 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 8, 2010, do hereby certify that the above is a true and correct Abstract of Vofes cast of said election for Member of the House of Representatives in the Congress of the United States. Given under our hands this 9th, day of June, 2010. A copy testes ~~ ~ Chairman Electoral Board Seal ~e Chairman Secretary :ctoral Board N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 06/22/2010gw www.vb~v.com C/TY OF V/RGINIA BEACH SUMMARY OF COUNC/L ACTIONS DATE: 06/08/2010 B PAGE: 1 E D S L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE 1 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 VA BRIEFINGS: TEEN ORDINANCES Deputy Chief Cervera, Police Department APZ-1 Rebecca Kubin, Deputy City Attorney WINTERBERRY LANE CANCELLED BY CTfY MANAGER IUIIU[VN/ CERTIFICATE OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V UE F-1 MINUTES -May 25, 2010 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y ~ ADDED Mayor recognized City Manager Jim Spore City Council on receiving the 1CMA Career Excellence applauded the Award in Honor of Mark E. Keane Ci Mana er G/H-1 PUBLIC HEARINGS: OPENING OF BiD - WirelessTele at NO OTHER BID/NO 1900 Sandbridge Rd SPEAKERS GRANT OF EASEMENT - VEPCo at NO SPEAKERS Isle of Wight County AMEND CITY CODE re Erosion/Sediment NO SPEAKERS Control UJ_1 Ordinances to AMEND the City Code: a. § 30-58/§30-59 re erosion/sediment ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y 1' control CONSENT b. § 6-117 and §6-118 re water skiing and DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y 1 surfboarding 6/22/10, BY CONSENT 2 Ordinance to AUTHORIZE DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into City-owned r-o-w at INDEFINITELY 24'" Street/Atlantic Avenue, by Walgreen BY CONSENT Co. re underground conduit/cable . DISTRICT 6 -BEACH C/TY OF VIRGINIA BEA~7li SUMMARY OF COUNCIL ACT/ONS DATE: 06/08/2010 B PAGE: 2 E D S 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 1 P E E E E M I O 0 O S H L R Y S S N N D 3 Ordinance to AUTHORIZE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments across City utility CONSENT #easement/over City-ovmed property (Lake Gaston) in Isle of Wight Co by VEPCo/ AUTHORIZE necessa documents 4 Ordinance to ACCEPT/APPROPRIATE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $1,047,900 of Cooperative Agreement CONSENT Grant from FEMA, re Va Task Force 2 Urban Search/Rescu. Team 5 Ordinance to ESTABLISH Chesapeake ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Beach Sand Study Capital Project/ CONSENT TRANSFER $15QOOD to Contin encies Ordinance to AMEND City Code Section 23.350 re weeds or gr:~ss deferred to June 8 is now rescheduled K-1 Va BEACH SCHOOLS/WEST NECK, APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y COZ from R-10 to AG-1 at 2657 West BY CONSENT Neck/North Landing Roads re new Kellam High School. DISTRICT 7 -PRINCESS ANNE 2 TOMMIE C. HERRIPfG/RUNNYMEDE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CORP CUP to convert retail into a church CONDITIONED at 120 South Plaza Trail DISTRICT 3 - BY CONSENT ROSE HALL 3 HARVEST OUTREA(:H MINISTRIES, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y INC. Modification of Conditions 1/ 2 CONDITIONED (approved March 25, 20)8) for a church at AS AMENDED, 3312 Dam Neck Road BY CONSENT DISTRICT 7 - PRINCESS ANNE 4 NEW LIFE PRESBY"CERIAN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CHURCH Modificatioi to extend CONDITIONED Condition 4 (approved ]Jovember 12, 2002) BY CONSENT at 3312 Dam Neck Roa,i to allow modular unit additional 5 yeazs. DISTRICT 3 - ROSEHALL 5 DML DESIGNS, LLC T/A GODSPEED DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y TATTOO/JETTELLI~, LLC, fora 6/22/10, BY Conditional Use Permit re a tattoo parlor CONSENT at 3795 Bonney Road. DISTRICT 3 - ROSE HALL 6 URBAN-X-CHANGE II INC. - APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y MATTHEW HUTCH1fNSON/ CONDITIONED LYNNHAVEN CROSSING CUP re BY CONSENT tattoo/ permanent make-up/body piercing at 829 Lynnha•~en Parkway. DISTRICT 3 -ROSE HALL CITY OF VIRG/NIA BEACH SUMMARY OF COUNCIL ACT/ONS DATE: 06/08/2010 B PAGE: 3 E D S L E D H E W AGENDA L D S 1 E J S U 1 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 0 T I P E E E E M 1 O O O S H L R Y S S N N D L APPOINTMENTS: BEACHES and WATERWAYS Reappointed 3 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION year term 07/01/2010 - 06/30/2013 Thomas E. Fraim, At Large; William Hearst, At La e PARKS and RECREATION Reappointed 3 11-0 Y Y Y Y Y Y Y Y Y Y ~ COMMISSION year term 09/01/2010 - 08/31/2013 Betty L. Warren, Rose Hall; Appointed 3 yeaz term 09!01/2010 - 08/31/2013 Garland Payne, Kempsville; Christopher Hooper, DDS, At La e SOCIAL SERVICES BOARD Appointed 4 year 11-0 Y Y Y Y Y Y Y Y Y Y Y term 07/01/2010 - 06/30/2014 Brian H. Reese M/N/O ADJOURNMENT 6:19 PM PUBLIC COMMENTS TWO Non-Agenda Items SPEAKERS 6:19 - 6:26 PM