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AUGUST 10, 2010CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ,14AYOR W/LL/AM D. SL'SSOMS, JR., At-Large D%CF, MAYOR LOUIS R. JONES, Bayside - Dieu•ict a R/'/A SWEET BE/,L/TTO, At-Large G/,F,NN R. UAV/S, Rose Ha(! -District 3 hV/LL/AM R. UeSTEPH, At-Large HARRY F_. D/F.ZIsL, Kempsvi/le - District 2 KOBI'RT M DYF,R. Centerville - District I HARBARA M. KL:NLEY, Princess Anne -District 7 ./OHN E. UHR/N, Beach -District 6 ROSL'MARY W!/_ SON, At-Large .LAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES C/TY MANAGER -- JAMES K. SPORE C'/TY ATTORNEY -MARK D. STILES C/TY ASSESSOR - JF.RALD BANAGAN C/TY AUD/TOR - LYNDON S. REM/AS CITY CLERK - RUT H HODGES ERASER, MMC CITY COUNCIL AGENDA 10 August 2010 CITY HALL BUILDI~'G 240/ COURTHOUSE DR/VF_ VIRGLV/A BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFING: -Conference Room - 4:30 PM A. RESORT AREA PARKING METER PILOT PROGRAM -Panhandling and Homelessness Mike Eason -Resort Administrator Andrew Friedman -Director, Housing and Neighborhood Preservation Jim Davis, Resort Advisory Commission II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW . • V. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL 5:00 PM C. RECESS TO CLOSED SESSION I VI. FORMAL SESSION - City Council Chamber - 6:00 PM ~~ A. CALL T~~ ORDER -Mayor William D. Sessoms, Jr. B. INVOC~.TION: Reverend Matt McLaine, Youth Pastor Aragona Church of Christ 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 July 13, 2010 G. FORMAL SESSION AGENDA H. MAYOR.'S PRESENTATION 1. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING P~itti Phillips, Director of Finance I. PUBLIC HEARING 1. SALF; OF EXCESS PROPERTY 1 `~ 17, `half of 1525, 1533 Indiana Avenue 216, 220 Middle Lane 2~:9 Roselynn Lane 1 `~56, 1562 New York Avenue J. CONSEI`JT AGENDA K. ORDINANCES/RE SOLUTION 1. Ordinances to AMEND the City Code: a. §21-406 re notification to Emergency Communications and Citizen Services (3-1-1) by tow truck operators when a vehicle is towed within the City b. §21-230 re designation of Grey Friars Chase, Bellamy Plantation, to the Tr~iffic Calming Ordinance 2. Ordinance to DECLARE certain portions of City property EXCESS and AUTHORIZE the City Manager to execute the necessary documents: a. 1517, one-half of 1525 Indiana Avenue, 216 and 220 Middle Lane re Murray Homes, Inc. b. 1533 and one-half of 1525 Indiana re Cashvan Homes, Inc. 229 Roselynn Lane re Joellen Wright d. 1556 and 1562 New York Avenue re Darrell and Jessica Shay Edwards Ordinance to AUTHORIZE the City Manager to EXECUTE a Termination Agreement to a Deed of Lease with Southeastern Public Service Authority (SPSA) for property at Landfill No. 2 (DISTRICT 1 - CENTERVILLE) 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with VERONA MED, INC. for the "Pepper's" property at 225 17th Street (DISTRICT 6 -BEACH) 5. Ordinance to AUTHORIZE the supplanting of State funds with City funds re the cost of the Sheriff s Career Development Bonus and the salary increase for the Master Deputy programs in the amounts of $11,767 and $38,034 respectively 6. Resolution to AUTHORIZE execution of a performance contract between the Community Services Board (CSB) and the Virginia Department of Behavioral Health and Developmental Services 7. Ordinances to AUTHORIZE temporary encroachments into a portion of the City-owned right-of--way at Lake Wesley, Bay Island and the Cove of the Lynnhaven River: a. W. CASON BARCO to construct and maintain a boat lift, floating pier, ramp and mooring pile at 565 Virginia Dare Drive (DISTRICT 6 -BEACH) b. WILLIAM EDWARD and ANJANETTE CARRICO SCHLEMMER to construct and maintain a wharf and boat lift at 2316 Windward Shore Drive (DISTRICT 5 - LYNNHAVEN) c. LLOYD W. and MARLENE N. BRANTLEY to construct and maintain a pier and platform at 2725 River Road (DISTRICT 5 - LYNNHAVEN) 8. Ordinance to IMPLEMENT the recommendation of the Resort Advisory Commission to initiate aone-year Parking Meter pilot program to install "Donation Meters" to address panh:~ndling at the Resort Area 9. Resolution of SUPPORT for the Police Department's application for recognition by the Attorney General re their successful "Community Recognition" program in responding to domestic violence 10. Ordinance to ACCEPT and APPROPRIATE: a. $110,757 Grant from the Virginia Department of Health to Emergency Medical Services (EMS) re replacement of defibrillators and related equipment and providing a rr-atch of $138,369 from the City's Reserve for Contingency fund. b. $18,600 Grant from Smart Beginnings South Hampton Roads (SBSHR) re an Early Learning Challenge Grant to the Library, $16,800 of which will be used by the Small Business Development Center of Hampton Roads, Inc. to provide services to childcare centers from September through December 2010. (This makes the total grant for one year at $165,750) c. Grant funds from the Virginia Department of Criminal Justice Services to appropriate the balance in the DEA Seized Asset Fund and TRANSFER the local match for the Department of Human Services: $98,092 Federal pass-through funds $10,899 from the Police Department $10,899 from the Sheriff $10,900 within the Department of Human Services d. $228,571 in additional Grant funding from the Virginia Department of Behavioral Health a~zd Developmental Services for services at the Recovery Center and $2,500 from the Gift Fund to Very Special Arts, Inc. (VSA) re cultural services for Human Services c.ients e. $~~3,820 "Systems Change Initiative" Grant from the Virginia Department of Criminal Justice Services with a local match of $4,869 to the Court Services Unit to promote s:/stematic change in the local Juvenile Justice system L. PLANN:[NG Varia~zce to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for DAVID R., THEODORE E. SR. and KIMBERLY M. THIEMAN, re lot width at 1400 and 1428 Campbell's Landing Road ;DISTRICT 7- PRINCESS ANNE) REC~~MMENDATION APPROVAL 2. Application of FRANCIS ASBURY UNITED METHODIST CHURCH for Modification of Conditions (approved on May 25, 1999) re the addition of a Preschool at 1871 North Great Neck Road (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION M. N O P APPROVAL 3. Application of STEPHEN J. and PAULA H. LAUKAITIS, MAXIM V. MIROVSKI and MARGARET Y. BUMGARTEN for a Conditional Use Permit re a community pier to be shared by two adjacent property owners at 3300 and 3336 Whippoorwill Point (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 4. Application of RORY KENNEDY/SMO, INC. for a Conditional Use Permit re auto repair garage at 493 South Independence Boulevard (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPROVAL 5. Application of HI-SEA, LLC for a Conditional Use Permit re a bank drive-througl- at Pacific Avenue between 32°d Street and Laskin Road at "Beach Center" (DISTRICT 6 -BEACH) RECOMMENDATION APPOINTMENTS MINORITY BUSINESS COUNCIL REVIEW and ALLOCATION COMMITTEE (COG) TIDEWATER COMMUNITY COLLEGE BOARD (TCC) UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 APPROVt~.L I. CITY MANAGER'S BRIEFING: -Conference Room - 4:30 PM A. RESORT AREA PARKING METER PILOT PROGRAM -Panhandling and Homelessness Mike Eason -Resort Administrator Andrew Friedman -Director, Housing and Neighborhood Preservation Jim Davis, Resort Advisory Commission II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - 5:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Matt McLaine, Youth Pastor Aragona Church of Christ C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA i D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 13, 2010 G. FORMAL SESSION AGENDA ~~sn1u#inn CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the ai:firmative 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, TJHEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies ghat, 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 V irginia Beach City Council. H. MAYOR'S PRESENTATION CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL R1=?PORTING Patti Phillips, Director of Finance I. PUBLIC HEARING 1. SALE OF EXCESS PROPERTY 1517, `half of 1525, 1533 Indiana Avenue 216, 220 Middle Lane 229 Roselynn Lane 1556, 1562 New York Avenue ^1w^1+~~ AjC~ ,'~! Ct. .~~. PUBLtC HEARING SALE OF EXCESS CITY PRt3PERTY 1 he Virginia Beer City Cour~~cii will f•~~Id a PUBUC HEARING on dre disposition snd sale of excess City property, Tuesda}~, August 10, 2010, at 6:00 p.rn., in the Caun;71 Chamber of the City Hali Building (Building ~1} at ire Yrginia Beach h"tunicipa) Center, Virginia Be~h. Virginia. The properties are lat.ated at 1517 & '~ of 1525 Indiaru3 AL~nue (GplN 2417{34-2$23 ~~ of 2417-04-1B63); 1533 & lr• of 1525 Indiana Asenue (GPIN 2417-04-18rJ3 Bc ~,: of 2417-04-18&3j; 216 & 220 F,~iddk Lane GREN 2417-0:5-r}2cJi. & 2A17-L1~'~-C?2~G): 229 Rosei}nn Lane {uFlfv 2417-05.2316); 1556 New York Avenue it;Rlt3 2407-9d-~36): and 1562 tSev,~ Y•orls A~nue (GPIi~ 2407-94-5721)). Tire purpose of this Hearir~ will be to obtain pu~lsc tn;sut t.o determine u~hethe-r these prupe~rtias should ~ declared "ex>>ess of the City's needs"- If you are physically disabled or vl~ua!!y lmpafred and need sssistence at thix an:~eting, plesse ill the CITY CLERICS ONCE at 38'a-~l'03: Hearing Irnpalrecl, ca61 i-8U{1-828-.1124 ~rrginia Relay -Telephione uevice fr~r the Deai?. Arry questions ~c~rrcerning lfris matter should be directed to the £?fhce of ReBi Estate, Binding #f2, Roam 3'92. at the Virginia Bear_fi Munici,,a9Center{'r57j365-4161.. Ruth #i3d~es Fraser, -s7totC City Clerk Beacon August 1. 2010 235$2945 J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. §21-406 re notification to Emergency Communications and Citizen Services (3-1-1) by tow truck operators when a vehicle is towed within the City b. §21-230 re designation of Grey Friars Chase, Bellamy Plantation, to the Traffic Calming Ordinance 2. Ordinance to DECLARE certain portions of City property EXCESS and AUTHORIZE the City Manager to execute the necessary documents: a. 1517, one-half of 1525 Indiana Avenue, 216 and 220 Middle Lane re Murray Homes, Inc. b. 1533 and one-half of 1525 Indiana re Cashvan Homes, Inc. 229 Roselynn Lane re Joellen Wright d. 1556 and 1562 New York Avenue re Darrell and Jessica Shay Edwards 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Termination Agreement to a Deed of Lease with Southeastern Public Service Authority (SPSA) for property at Landfill No. 2 (DISTRICT 1 - CENTERVILLE) 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with VERONA MED, INC. for the "Pepper's" property at 225 17th Street (DISTRICT 6 -BEACH) 5. Ordinance to AUTHORIZE the supplanting of State funds with City funds re the cost of the Sheriff s Career Development Bonus and the salary increase for the Master Deputy programs in the amounts of $11,767 and $38,034 respectively 6. Resolution to AUTHORIZE execution of a performance contract between the Community Services Board (CSB) and the Virginia Department of Behavioral Health and Developmental Services 7. Ordinances to AUTHORIZE temporary encroachments into a portion of the City-owned right-of--way at Lake Wesley, Bay Island and the Cove of the Lynnhaven River: a. W. CASON BARCO to construct and maintain a boat lift, floating pier, ramp and mooring pile at 565 Virginia Dare Drive (DISTRICT 6 -BEACH) b. WILLIAM EDWARD and ANJANETTE CARRICO SCHLEMMER to construct and maintain a wharf and boat lift at 2316 Windward Shore Drive (DISTRICT 5 - LYNNHAVEN) c. LLOYD W. and MARLENE N. BRANTLEY to construct and maintain a pier and platform at 2725 River Road (DISTRICT 5 - LYNNHAVEN) 8. Ordinance to IMPLEMENT the recommendation of the Resort Advisory Commission to initiate aone-year Parking Meter pilot program to install "Donation Meters" to address panhandling at the Resort Area 9. Resolution of SUPPORT for the Police Department's application for recognition by the Attorney General re their successful "Community Recognition" program in responding to domestic violence 10. Ordinance to ACCEPT and APPROPRIATE: a. $1.10,757 Grant from the Virginia Department of Health to Emergency Medical Services (EMS) re replacement of defibrillators and related equipment and providing a match of $138,369 from the City's Reserve for Contingency fund. b. $].8,600 Grant from Smart Beginnings South Hampton Roads (SBSHR) re an Early Lf;arning Challenge Grant to the Library, $16,800 of which will be used by the Small Business Development Center of Hampton Roads, Inc. to provide services to childcare centers from September through December 2010. (This makes the total grant for one ye-ar at $165,750) c. Grant funds from the Virginia Department of Criminal Justice Services to appropriate the balance in the DEA Seized Asset Fund and TRANSFER the local match for the Department of Human Services: $98,092 Federal pass-through funds $10,899 from the Police Department $10,899 from the Sheriff $10,900 within the Department of Human Services d. $:28,571 in additional Grant funding from the Virginia Department of Behavioral Health ar~d Developmental Services for services at the Recovery Center and $2,500 from the Gift Fund to Very Special Arts, Inc. (VSA) re cultural services for Human Services clients e. $x'3,820 "Systems Change Initiative" Grant from the Virginia Department of Criminal Justice Services with a local match of $4,869 to the Court Services Unit to promote systematic change in the local Juvenile Justice system ~.~'KU ~chL. ro ~'~ `~~~ f~Y Y>! ( ~....._.e. ~ ~! 4L~v ~J ~ •Lw: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 21-406 Regarding Notification to the City of Towed Vehicles MEETING DATE: August 10, 2010 ^ Background: Since 2005, City Code § 21-406 has required tow truck service operators to notify the City when a vehicle is towed in the City. The operators are required to inform the City of the license number, state of issuance of the license, and, if known, the vehicle identification number and the make, model and year of the vehicle. The operators also must inform the City of the location of the storage yard to which the vehicle has been or will be towed and the telephone number which the owner should call to reclaim the vehicle. The Code currently provides that such notification shall be given to the City's Public Information Office. Beginning in FY 2010, the Public Information Office was replaced by Citizen Services (VB 311), which is a division of~ the Department of Emergency Communications and Citizen Services. ^ Considerations: This ordinance revises the City Code to replace obsolete references to the Public Information Office with references to Emergency Communications and Citizen Services operations. The Code revision specifies that a "tow truck service" shall contact Emergency Communications & Citizen Services operations by calling Citizen Services at 3-1-1 or 385-3111. City Code § 21-400 defines the term "tow truck service" as "a person engaged in any business which provides the services of one (1) or more tow trucks for hire or use to tow, transport or move motor vehicles on or from public streets or on or from private property by way of public streets." ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Attachments: Ordinance. Recommended Action: Approval ,~' ~~ Submitting Department: Department of Emergency Communications & Citizen Services City Manager: ~ 1 AN ORDINANCE TO AMEND SECTION 21-406 OF THE CITY 2 CODE REGARDING NOTIFICATION TO THE CITY OF 3 TOWED VEHICLES 4 5 SECTION AMENDED: § 21-406 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Se~;tion § 21-406 of the City Code is hereby amended and reordained, to read 11 as follows: 12 13 Sec. 21-406. Emeraencv Communications and Citizen 14 Services to bey notified of removal of vehicle. 15 16 (a) At the time of removal of any vehicle by a tow truck service operator, or no 17 later than thirty (30) minutes thereafter, the tow truck service shall notify ' 18 ~#er-r~afier~-9##ise Emeraencv Communications and Citizen Services operations sl~aN-be 19 eeti#ied of such removal by calling 3-1-1 or 385-3111, and- specifying the location of the 20 storage yard to which the vehicle will be towed and the telephone number which the owner 21 should call to reclaim the vehicle. Emeraencv 22 Communications and Citizen Services operations shall be given the license number and 23 state of issuarn~e of the license and, if known, the vehicle identification number and the 24 make, model, rind year of the vehicle towed or to be towed. 25 26 (b) If notified by Emeraencv Communications and 27 Citizen Services operations or any law enforcement officer that the vehicle is subject to 28 seizure by law Enforcement authorities for evidentiary purposes, the tow truck operator or 29 towing service shall forthwith relinquish the vehicle to such authorities and shall not be 30 entitled to recover any costs or fees. 31 32 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 33 day of , 2010. APPROVED A3 TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,...~ _ -,. ~~, x a Emergency Communications City Attorney's Office and Citizen Services Department CA11567 R-2 July 9, 2010 a ~.~~y '~ -. _> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 21-230 Pertaining to Traffic Calming MEETING DATE: August 10, 2010 ^ Background: On February 13, 2001, City Council enacted the Traffic Calming Ordinance to deter speeding on specifically designated residential streets. Unlike a routine speeding citation, a citation for speeding on one of the designated streets ran be punished by a fine of $200. ^ Considerations: The Traffic Calming Program has several phases. Phase I consists of awareness and education, and generally takes place during discussions between Traffic Engineering and the neighborhood representative. In this phase, the neighborhood residents identify the streets they want evaluated for inclusion in the program. Phase II involves speed studies of the identified streets. If the studies show an 85-percentile speed of at least 33 mph or, an average speed of at least 29 mph in a posted 25 mph speed zone, then the Police Department will conduct a series of selective enforcement initiatives, followed by traffic studies at the end of each enforcement cycle. Should speeding persist or increase, the streets will be eligible to enter Phase III of the program if at least 75% of the affected neighborhood residents in the identified area sign a petition requesting the implementation of Phase III. Phase III of the program involves posting of council-designated streets with signs warning drivers that speeding in this area could result in a $200 fine. The following street has qualified for inclusion in the Traffic Calming Program: Bellamy Plantation -Grey Friars Chase between Lynnhaven Parkway to the 1900 block of Grey Friars Chase. ^ Public Information: This ordinance will be advertised in the same manner as other Council agenda items. ^ Recommendations: Adopt Ordinance ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works/E gineering G~~1 ~ ~,~~ City Manager ~. c 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 AN ORDINANCE TO AMEND SECTION 21- 230 OF THE CITY CODE PERTAINING TO TRAFFIC CALMING SECTION AMENDED: § 21-230 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 21-230. Traffic calming via maximum speed limits in certain residential districts; penalty. Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor vehicle in excess of the maximum speed limit established for any portion of the following highways located within the designated neighborhoods, on or after the effective date, shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars ($200.00), in addition to other penalties provided by law. No portion of the fine shall be suspended unless the court orders twenty (20) hours of community service. (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton Road; Old Kempsville Road. (3) Lake Shores: Jack Frost Road; Lake Shores Road. (4) Little Neck: Harris Road. (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; Smith Farm Road. (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. (8) Country Haven: Stewart Drive. (9) Fairfield: Lord Dunmore Drive. (10) Bellamy Manor: Homestead Drive. (11) Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. (12) Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery Drive. (13) Bayville Park: Greenwell Road (From Shore Drive to First Court Road). (14) Milburn Manor: Davis Street. (15) Lake James: Lake James Drive. (16) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 47 48 EffectivE. as of April 6, 2004: 49 (1) Croatan: Croatan Road. 50 (2) Birdneck Point: Cardinal Road. 51 52 EffectivE: as of April 5, 2005: 53 (1) Thoroughgood: Thoroughgood Drive. 54 (2) Hermitage Road. 55 56 EffectivE: as of September 12, 2006: 57 (1) Kings Grant: Oxford Drive. 58 59 EffectivE: as of January 27, 2009: 60 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 61 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 62 63 EffectivE: as of August 10, 2010: 64 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and 65 tFie 1900 block of Grey Friars Chase Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2010. ~. APPROVED A~S TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~i~ • o ice Department City ey's ice APPROVED AS TO CONTENT: 6~t ~? ~ , ~-C.v Pub ' Work ~~ Q i CA11568 R-2 July 21, 2010 :~-, . ~:. ,~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the properties located at 1) 1517 Indiana Avenue (GPIN 2417-04-2823) together with the eastern one-half of 1525 Indiana Avenue (GPIN 2417-04-1863), and 2) 216 Middle Lane (GPIN 2417-05-0291) together with 220 Middle Lane (GPIN 2417-05-0296) to be in excess of the City's needs and authorizing the City Manager to sell the properties to Murray Homes, Inc. MEETING DATE: August 10, 2010 ^ Background: The City acquired 1517 Indiana Avenue; 1525 Indiana Avenue; 216 Middle L<~ne; and 220 Middle Lane as part of the APZ-1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the four parcels were developed with either single- family homes or duplexes. All of the properties were in severe disrepair and were demolished. The APZ-1 Disposition Committee has evaluated the properties and determined that it would be preferable to keep these properties improved with residential use, as they are in the interior of a stable residential neighborhood (Oceana Gardens). At the same time, density is being reduced through the merger of adjacent parcels, the requirement that the interior lot lines be vacated; and the overall reduction of both potential and actual dwelling units. Two (2) building sites will be created for single-family development: (1) 1517 Indiana Avenue together with the eastern one half (1/2) of 1525 Indiana Avenue; and (2) 216 Middle Lane together with 220 Middle Lane (together, the "Building Sites"). The western one- half of 1525 Indiana will be sold with the adjacent lot to the west for new construction. ^ Considerations: The proposed sale of these two Building Sites to Murray Homes, Inc. was approved by the Oceana Land Use Conformity Committee. Murray Homes, Inc. is interested in purchasing the two Building Sites for $61,000 each. If the City retains these properties, the City must pay to maintain the lots, an estimated annual cost of $630 per lot. ^ Public Information: A RequE;st for Proposals (the "RFP") including these two Building Sites was advertised for two consecutive Sundays in The Virginian-Pilot as well as on the City of Virginia Beach website. Murray Homes, Inc. was selected to develop the sites. Advertisement. of City Council Agenda. ^ Recomrnendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the properties subject to the terms and conditions in the attached Summary of Terms. ^ Revenue restriction: The City funded the acquisition of the properties through a partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. Fifty percent of the proceeds from the sale will be depositE~d into the Oceana and ITA Conformity and Acquisition Project (CIP 9- 060) to be refunded to the Commonwealth. The remaining fifty percent (50%) shall be appropriated to Various Site Acquisitions (CIP 3-368). ^ Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting De~partmentlAgency: Public Works eal Estate ~ 6v.1~+1 ~ ~'k' City Manager'. S ~-. , 1 2 AN ORDINANCE DECLARING THE 3 PROPERTIES LOCATED AT 1) 1517 INDIANA 4 AVENUE (GPIN 2417-04-2823) TOGETHER 5 WITH THE EASTERN ONE-HALF OF 1525 5 INDIANA AVENUE (GPIN 2417-04-1863); AND 2) ~ 216 MIDDLE LANE (GPIN 2417-05-0291) 8 TOGETHER WITH 220 MIDDLE LANE (GPIN 9 2417-05-0296) TO BE IN EXCESS OF THE to CITY'S NEEDS AND AUTHORIZING THE CITY 11 MANAGER TO SELL THE PROPERTIES TO 12 MURRAY HOMES, INC. 13 14 15 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 16 certain parcels of land located at (1) 1517 Indiana Avenue together with the eastern 17 one-half of 1525 Indiana Avenue; and (2) 216 Middle Lane together with 220 Middle 18 Lane (collectively, the "Properties"), more particularly described on Exhibit "A" attached 19 hereto and made a part hereof; 20 21 WHEREAS, the City acquired the Properties pursuant to the APZ-1 22 Acquisition Program; 23 24 WHEREAS, the City funded the acquisition of the Properties through a 25 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 26 contributing fifty percent (50%) of the funds; 27 28 WHEREAS, the Properties are in the midst of other residences and a1: the 29 time of acquisition were improved with residential dwellings, which were demolished 3 o due to their poor condition; 31 32 WHEREAS, City Council has elected to allow the reconstruction of two (2) 33 single-family homes on the Properties in order to maintain the integrity of the 34 neighborhood; and 35 36 WHEREAS, each such reconstruction is a grandfathered nonconforming 3 ~ use allowed under current zoning law; 38 39 WHEREAS, the re-development of the Properties will be at a lesser 4 o density than the original use of the Properties; 41 42 WHEREAS, a Request for Proposals ("RFP") was advertised for the 43 potential sale of the Properties; 44 45 WHEREAS, Murray Homes, Inc. was one of the respondents to the RFP; 46 47 WHEREAS, the APZ-1 Disposition Committee has recommended that City 4 8 Council declare the Properties to be in excess of the City's needs and sell the 49 Properties to Murray Homes, Inc.; 50 51 V'JHEREAS, Murray Homes, Inc. will build a total of two (2) single-family 52 homes on the I~roperties to prescribed standards acceptable to the City, including 53 elevated noise attenuation and design criteria, and Murray Homes, Inc. will thereafter 54 convey the imK~roved Properties to an owner-occupant; 55 56 VVHEREAS, Murray Homes, Inc. will purchase the Properties in 57 accordance wi1:h the Summary of Terms attached hereto as Exhibit "B" and made a part 5 s hereof; 59 5 o VVHEREAS, the City Council is of the opinion that the Properties are in 51 excess of the needs of the City of Virginia Beach. 62 63 f~IOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 64 OF VIRGINIA BEACH, VIRGINIA: 65 66 That the Properties located at (1) 1517 Indiana Avenue; (2) the eastern 67 one-half 1525 Indiana Avenue; (3) 216 Middle Lane; and (4) 220 Middle Lane are 6s hereby declars~d to be in excess of the needs of the City of Virginia Beach and that the 69 City Manager is hereby authorized to execute any documents necessary to convey the 7o Properties to tilurray Homes, Inc., in substantial conformity with the Summary of Terms 71 attached heret~~ as Exhibit "B" and such other terms, conditions or modifications as are 72 deemed necessary and sufficient by the City Manager and in a form deemed 73 satisfactory by the City Attorney. 74 75 Further, that the revenue from the sale of the Properties in the amount of 76 $122,000 shall be received and appropriated as follows: 77 1. $61,000 shall be appropriated to CIP #9-060, Oceana and Interfacility 7s Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding 79 the Commonw~:alth's portion in accordance with the partnership agreement; 80 2. $61,000 shall be appropriated to CIP #3-368, Various Site Acquisitions. si s2 This ordinance shall be effective from the date of its adoption. 83 s4 Adopted by the Council of the City of Virginia Beach, Virginia, on the s 5 day of _ , 2010. CA11551 R-1 \\vbgov.comldf:~1 \applications\citylawprod\cycom32\wpdocs\d023\p008\00064587.doc 7/23/10 APPROVED AS TO CONTENT ~ ~~r ublic Works ~'; :~ 2,1 '~~:A , ~...~, c APPROVED AS TO LEGAL" FFICIENCY Ci, Att ey's ffic APPROVED AS TO CONTENT ` ~ ~~~ i , ,~, e ~ _ _ -- Managem~ent Services EXHIBIT A 1. 1517 Indiama Avenue &'/2 of 1525 Indiana Avenue (GPIN 2417-04-2823 and'/z of 2417.04-1863 PARCEL ONE: GPIN 2417-04-2823 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City oi~ Virginia Beach, Virginia, and being known, numbered and designated as Lot 4 and the western 30' of Lot 5, Block A, as si~own on that certain plat entitled "Oceans Terrace", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, Page 147. L1.SS AND EXCEPT all right, title and interest of the Grantor in and to any and all easements, rights of way, private roads and oi:her rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. IT~ BEING the same property conveyed to the City of Virginia Beach, by deed from Robert C. Reynolds and Jeannette I. Reynolds, husband and wife, dated March 23, 2009, and recorded in the aforesaid Clerk's Office as Instrument No. 20090323000301630. PARCEL TWO: % of GPIN 2417-04-1863 THE EASTERN ONE-HALF (approximately 30' x 125') OF TI~AT certain lot, piece or parcel of land, numbered 1525 Indiana Avenue, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated as Lot 3, in Section A, plat of "Oceans Terrace" which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, at page 147. LESS AND EXCEPT all right, title and interest of the Grantor in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, aE~purtenant to or in any way benefiting the above-described property. IT BEING a part of the same property conveyed to the City of Virginia Beach, by deed from Thomas N. Fortenberry and Bf;verly S. Fortenberry, husband and wife, dated September 22, 2Ci08, and recorded in the aforesaid Clerk's Office as Instrument No. 20080922001116420. 2. 216 Middle Lane 8~ 220 Middle Lane (GPIN 2417-05-0291 8~ 2417-05-0296) PARCEL ONE: GPIN 2417-05-0291 All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 21, as shown on that certain plat entitled "Hillcrest", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13 at page 8. LESS AND EXCEPT all right, title and interest of the Grantor in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. IT BEING the same property conveyed to the City of Virginia Beach, by deed from Pete Wojcikowski, dated August 17, 2009, and recorded in the aforesaid Clerk's Office as Instrument No. 20090825001001050. PARCEL TWO: GPIN 2417-05-0296 All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Lot 20, as shown on that certain plat entitled "Hillcrest, situate in Princess Anne County, VA, as laid out by M. McKain", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, Page 8. LESS AND EXCEPT all right, title and interest of the Grantor in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. IT BEING the same property conveyed to the City of Virginia Beach, by deed from Jessica Lee Orozco, dated March 4, 2009, and recorded in the aforesaid Clerk's Office as Instrument No. 20090313000264950. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1517 INDIANA AVENUE TOGETHER WITH THE EASTERN ONE-HALF OF 1525 INDIANA AVENUE; AND 216 MIDDLE LANE TOGETHER WITH 220 MIDDLE LANE SELLER: City of Virginia Beach PURCHASER: Murray Homes, Inc., a Virginia corporation PROPERTY: 1) Building Site 1: 15,000 square feet of property, more or less, generally known as 1517 Indiana Avenue & the eastern one-half of 1525 Indiana Avenue (GPIN 2417-04-2823 &'/2 of 2417-04- 1863) and more particularly described on Exhibit A to the Ordinance; and 2) Building Site 2: 12,471 square feet of property, more or less, generally known as 216 & 220 Middle Lane (GPIN: 2417-05-0291 & 2417-05-0296) and more particularly described on Exhibit A to the Ordinance. SALE PRICE: $61,000 (1517 &'/2 of 1525 Indiana Avenue) 61 000 (216 & 220 Middle Lane) $122,000 CONDITIONS i~F SALE • Properties are purchased "As Is, Where Is." • Seller shall convey the properties subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-1 Acquisition Program. • S~Iler shall convey the properties with a plat restriction limiting each site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on each building site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the Property to vacate interior lot lines. • Purchaser shall deposit Five Thousand and no/100 Dollars ($5,000.00) per Building Site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. GNU ee'q~y~ ~4 `~~ 4 ~ "-~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance declaring the parcels located at 1556 New York Avenue (GPIN 2407-94-6606) and 1562 New York Avenue (GPIN 2407-94-5720) to be in excess of the City's needs and authorizing the City Manager to sell same to Darrell Edwards and Jessica Shay Edwards. MEETING DATE: August 10, 2010 ^ Background: The City acquired 1556 New York Avenue (GPIN 2407-94-6606) and 1562 New York Avenue (GPIN 2407-94-5720) as part of the APZ-1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the properties were developed with single-family homes that were in severe disrepair and slated for demolition. Darrell Edwards and Jessica Shay Edwards own the adjacent property at 1552 New York Avenue and propose to purchase the lots for use as a side yard. ^ Considerations: The APZ-1 Disposition Committee has evaluated the properties and determined that it would be preferable to leave the lots undeveloped. Additionally, the demolition of the residential dwelling units and sale of the vacant lots to the adjacent neighbor reduces the density in APZ-1. The Edwards have offered to purchase the property, with development restrictions, for $19,023. If the City retains the property, the City must pay to maintain the lot at an estimated annual cost of $630. ^ Alternatives: Sell the property to the adjacent owners with conditions, or keep the property in City inventory. ^ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ^ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the property, subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to City Council. ^ Revenue. restriction: The City funded the acquisition of the property through the partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. Per the partnership agreement, fifty percent (50%) of the proceeds from the sale will be refunded to the Commonwealth. ^ Attachments: Ordinance, Location Map, Summary of Terms Recommende~~ Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real E "' ~~~U ~ 1, City Manager: it,., °~ 1 AN ORDINANCE DECLARING THE 2 PARCELS LOCATED AT 1556 NEW YORK 3 AVENUE (GPIN 2407-94-6606) AND 1562 4 NEW YORK AVENUE(GPIN 2407-94-5720) 5 TO BE IN EXCESS OF THE CITY'S 6 NEEDS AND AUTHORIZING THE CITY 7 MANAGER TO SELL SAME TO DARRELL 8 EDWARDS AND JESSICA SHAY 9 EDWARDS. 10 11 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 12 certain parcels of land located at 1556 New York Avenue and 1562 New York.Avenue 13 (collectively, the "Property"), more particularly described on Exhibit "A" attached hereto 14 and made a part hereof; 15 16 WHEREAS, the City acquired the Property pursuant to the APZ-1 17 Acquisition Program; 18 19 WHEREAS, the City funded the acquisition of the Property through a 20 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 21 contributing fifty percent (50%) of the funds; 22 23 WHEREAS, at the time of acquisition, the Property was improved with two 24 single-family homes that are slated for demolition; 25 26 WHEREAS, Darrell Edwards and Jessica Shay Edwards (the "Edwards") 27 own the adjacent property and they have requested to purchase the Property in order to 28 utilize it in a manner compatible with the APZ-1 Ordinance; 29 30 WHEREAS, the Edwards desire to purchase the Property in accordance 31 with the Summary of Terms attached hereto as Exhibit "B"; 32 33 WHEREAS, the City Council is of the opinion that the property is in excess 34 of the needs of the City of Virginia Beach. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 39 That the Property is hereby declared to be in excess of the needs of the 40 City of Virginia Beach and that the City Manager is hereby authorized to execute any 41 documents necessary to convey the Property to Darrell Edwards and Jessica Shay 42 Edwards in accordance with the Summary of Terms attached hereto and such other 43 terms, conditions or modifications deemed necessary and sufficient by the City Manager 44 and in a form deemed satisfactory by the City Attorney. 45 46 Further, that the revenue from the sale of the Property in the amount of 47 $19,023 shall be received and appropriated as follows: 48 49 50 51 52 53 54 55 56 1. $'x,511.50 shall be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding the CommonwE~alth's portion in accordance with the partnership agreement; 2. $'x,511.50 shall be appropriated to CIP #3-368, Various Site Acquisitions. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of _ , 2010. CA11544 R-1 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d022\p008\00064344.doc 7/29/10 APPROVED AS TO CONTENT Public WorNs ~ ~ ~ ~~~/~ APPROVED AS TO CONTENT anagerrt~nt services APPROVED AS TO LEGAL SUFFICIENICY a °~ Cit Atto ey's ffice EXHIBIT "A" GPIN: 2407-94-6606 (1556 New York Avenue) ALL THAT certain lot, piece, or parcel of land, together with the privileges and appurtenances thereunto belonging, being or near "Oceans" in Lynnhaven Borough in the City of Virginia Beach, Virginia, and designated and described as the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the Village of Oceans, City of Virginia Beach (formerly Princess Anne County), Virginia, and designated and described on a survey of Block Number Six (6), Oceans Gardens, made by W.B. Gallup, County Surveyor, dated March 20, 1947, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia in Map Book 21, at page 3, as the Eastern one-half (1/2) of Lot Numbered Sixteen (16) and the Western one-half (1/2) of Lot Numbered Seventeen (17), the said two (2) One-half lots taken together fronting fifty (50) feet on New York Avenue, and extending back between parallel lines, one hundred twenty-five (125) feet. LESS AND EXCEPT all right, title and interest of the Grantor in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. IT BEING the same property conveyed to the City of Virginia by deed from James Ellis Brown dated November 13, 2009, and recorded in the aforesaid Clerk's Office as Instrument Number 20091120001346150. GPIN: 2407-94-5720 (1562 New York Avenue) ALL THAT certain lot, piece, or parcel of land, together with the privileges and appurtenances thereunto belonging, being or near "Oceans" in Lynnhaven Borough in the City of Virginia Beach, Virginia, and designated and described as the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia and designated as Lot 15 and the eastern one-half of Lot 14, and the western one- half of Lot 16 in Block 6 as shown on the plat entitled, "Survey of Block 6, Oceana Gardens, Princess Anne County, Virginia," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 21, at page 3; said lots taken as a whole front one hundred (100) feet on the northern side of New York Avenue and extend back between parallel lines a distance of one hundred twenty- five (125) feet. LESS AND EXCEPT all right, title and interest of the Grantor in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Robin Diane Sanders, Executor of the Estate of Ramon T. Turner, Deceased, by deed dated April 28, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20080428000488800. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 1556. AND 1562 NEW YORK AVENUE SELLER: City of Virginia Beach PURCHASERS: Darrell Edwards and Jessica Shay Edwards PROPERTY: 1556 New York Avenue, GPIN: 2407-94-6606 1562 New York Avenue, GPIN: 2407-94-5720 LEGAL DESCRIPTION: See Exhibit A to Ordinance SALE PRICE: $19,023.00 CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the property for construction in conjunction with their adjacent property upon Resubdivision to remove interior lot lines; however, Buyers may not /replace any dwelling units. • Buyers shall resubdivide the Property at their expense should Buyers desire to construct across the property line between the Property and Buyers' adjacent property. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. .,-~-~, >C,N~~1~Bf,;,, .~ cy ~. ~ ~° .::: ~.'... a.. ~C V7y yl k ~;' ~ ``tv.-- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Agreement to the Deed of Lease Public Service Authority of Virginia MEETING DATE: August 10, 2010 Manager to Execute a Termination Between the City and Southeastern ^ Background: The City of Virginia Beach (the "City") and Southeastern Public Service Authority of Virginia ("SPSA") are parties to a Deed of Lease dated August 17, 2010 (the "Lease") relating to a parcel of land located at the Virginia Beach Landfill known as "Landfill No. 2" (the "Property"). SPSA originally used the Property to run its mulch operations. However, SPSA no longer uses the Property. The Lease currently expires on January 24, 2018, but SPSA has requested an early termination of the Lease effective August 29, 2010. ^ Considerations: The City purchased from SPSA its mulch operation equipment and currently uses the Property for aCity-run mulch operation at a significant cost savings to the City. ^ Public Information: Advertisement of City Council Agenda. ^ Alternatives: Approve SPSA's request and make the expiration date effective August 29, 2010, or deny SPSA's request and keep January 24, 2018 as the expiration date. ^ Recommendations: Approve SPSA's request. ^ Attachments: Ordinance Summary of Terms Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Ad istration ~ l•~Q.`v~ f •'~' City Manager: 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A TERMINATION AGREEMENT TO THE DEED OF LEASE BETWEEN THE CITY AND SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA WHEREAS, the City of Virginia Beach (the "City"), as Landlord, and Southeastern Public Service Authority of Virginia ("SPSA"), as Tenant, are parties to a Deed of Lease dated August 17, 2007 (the "Lease") relating to a parcel of land located at the Virginia E3each Landfill known as "Landfill No. 2" (the "Property"); WHEREAS, the Lease currently expires on January 24, 2018; WHEREAS, SPSA has requested the right to terminate the Lease effective August 29, 201 D; WHEREAS, SPSA originally used the Property for its mulch operations, but no longer does so; WHEREAS, the City purchased from SPSA its mulch operation equipment; WHEREAS, the City currently utilizes the Property for aCity-run mulch operation at a significant ~:,ost savings to the City; and WHEREAS, the City Council is of the opinion that the Termination Agreement to the Lease is in the best interests of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEA~~H, VIRGINIA: That the City Manager is hereby authorized to execute a Termination Agreement to the Deed of Lease in accordance with the Summary of Terms attached hereto and made a part F~ereof, and such other terms and conditions deemed necessary and sufficient by thE~ City Manager and in a form deemed satisfactory by the City Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of _, 2010. APPROVED A:i TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Public orks / ~~dministr ti ~ City Attorney CA 11637 'dvbg ov.comtDFS I \.^.pplications~CityLawProd\cycom321 W'pdocs,D02T,P007\00064890. DOC R-1 7/27/2010 SUMMARY OF TERMS An Ordinance ,4uthorizing the City Manager to Execute a Termination Agreement to the Deed of LeasE: Between the City and Southeastern Public Service Authority of Virginia LANDLORD: City of Virginia Beach ('the "City") TENANT: Southeastern Public Service Authority of Virginia ("SPSA") CURRENT EXPIRATION DATE: January 24, 2018 EARLY EXPIRATION DATE: August 29, 2010 PROPERTY TO BE REMOVED ~~ BY SPSA: Loader; skid steer; contents of office trailer, including computer and all other office equipment; anti-freeze tank; de-bagging equipment PROPERTY TO BE LEFT BY SPSA FOR. THE CITY: Two (2) 20' hazmat storage containers; 40' storage unit; 8'X20' office trailer; 450-gallon oil tank; 6'X6' storage cabinet; 30'X30' metal car port; 20-yard roll-off container; assorted hand tools and testing equipment _'.; P, -:~, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the parcel located at 1533 Indiana Avenue (GPIN 2417-04-1803) together with the western one-half of 1525 Indiana Avenue (GPIN 2417-04-1863) to be in excess of the City's needs and authorizing the City Manager to sell same to Cashvan Homes, LLC. MEETING DATE: August 10, 2010 ^ Background: The City acquired 1533 Indiana Avenue and 1525 Indiana Avenue as part of the APZ-1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the two parcels were developed with a triplex and asingle-family home. Both of the properties were in severe disrepair and were demolished. The APZ-1 Disposition Committee has evaluated the properties and determined that it would be preferable to keep these properties improved with residential use, as they are in the interior of a stable residential neighborhood (Oceana Gardens). At the same time, density is being reduced through the merger of these adjacent parcels, the requirement that the interior lot lines be vacated, and the overall reduction of both potential and actual dwelling units. This proposed sale is for the parcel known as 1533 Indiana Avenue and the western one-half of the parcel known as 1525 Indiana Avenue (the "Building Site"). Only one single-family home shall be permitted for development on the Building Site. The eastern one- half of 1525 Indiana Avenue will be sold with the adjacent lot to the east for nE;w construction. ^ Considerations: The proposed sale of the Building Site to Cashvan Homes, LLC was approved by the Oceana Land Use Conformity Committee. Cashvan Homes, LLC is interested in purchasing the Building Site for $70,000. If the City retains these properties, the City must pay to maintain the lots, an estimated annual cost of $630 per lot. ^ Public Information: A Request for Proposal (the "RFP") including the Building Site was advertised for two consecutive Sundays in The Virginian-Pilot as well as on the City of Virginia Beach website. Cashvan Homes, LLC was selected to develop the site. Advertisement of City Council Agenda ^ Recomrnendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Building Site subject to the terms and conditions in the attached Summary of Terms. ^ Revenue restriction: The City funded the acquisition of the properties through a partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. Fifty percent of the proceeds from the sale will be deposited into the Oceana and ITA Conformity and Acquisition Project (CIP 9- 060) to be refunded to the Commonwealth. The remaining fifty percent (50%) shall be appropriated to Various Site Acquisitions (CIP 3-368). ^ Attachments: Ordinan~;,e, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting De~partment/Agency: Public Works/ al Estate ~ .~^ City Manager: ~'~, 1 2 AN ORDINANCE DECLARING THE PARCEL 3 LOCATED AT 1533 INDIANA AVENUE (GPIN 4 2417-04-1803) TOGETHER WITH THE 5 WESTERN ONE-HALF OF 1525 INDIANA 5 AVENUE (GPIN 2417-04-1863) TO BE IN 7 EXCESS OF THE CITY'S NEEDS AND s AUTHORIZING THE CITY MANAGER TO SELL 9 SAME TO CASHVAN HOMES, LLC. to 11 12 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 13 certain parcel of land located at 1533 Indiana Avenue, together with the western one- 14 half of 1525 Indiana Avenue (collectively, the "Property"), more particularly described on 15 Exhibit "A" attached hereto and made a part hereof; 16 17 WHEREAS, the City acquired the Property pursuant to the APZ-1 is Acquisition Program; 19 2 o WHEREAS, the City funded the acquisition of the Property through a 21 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 22 contributing fifty percent (50%) of the funds; 23 24 WHEREAS, the Property is in the midst of other residences and at the 25 time of acquisition was improved with residential dwellings, which have been 26 demolished due to their poor condition; 27 2s WHEREAS, City Council has elected to allow the reconstruction of one 29 single-family home on the Property in order to maintain the integrity of the 3 o neighborhood; and 31 32 WHEREAS, such reconstruction is a grandfathered nonconforming use 33 allowed under current zoning law; 34 35 WHEREAS, the re-development of the Property will be at a lesser density 36 than the original use of the Property; 37 3 s WHEREAS, a Request for Proposals ("RFP") was advertised for the 3 9 potential sale of the Property; 40 41 WHEREAS, Cashvan Homes, LLC was one of the respondents to the 42 RFP; 43 44 WHEREAS, the APZ-1 Disposition Committee has recommended that City 45 Council declare the Property to be in excess of the City's needs and sell the Property to 4 6 Cashvan Homes, LLC; 47 4s WHEREAS, Cashvan Homes, LLC will build one new single-family home 49 on the Property to prescribed standards acceptable to the City, including elevated noise 5 o attenuation and design criteria, and Cashvan Homes, LLC will thereafter convey the 51 improved Property to an owner-occupant; 52 53 WHEREAS, Cashvan Homes, LLC will purchase the Property in 54 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 5 5 hereof; 56 57 WHEREAS, the City Council is of the opinion that the Property is in 5 s excess of the rn~eds of the City of Virginia Beach. 59 6o N~DW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 61 OF VIRGINIA E~EACH, VIRGINIA: 62 63 That the Property located at (1) 1533 Indiana Avenue; and (2) the western 64 one-half of 1525 Indiana Avenue is hereby declared to be in excess of the needs of the 65 City of Virginia Beach and that the City Manager is hereby authorized to execute any 66 documents necessary to convey the Property to Cashvan Homes, LLC in substantial 67 conformity with the Summary of Terms attached hereto as Exhibit "B" and such other 6s terms, conditions or modifications as are deemed necessary and sufficient by the City 6 9 Manager and it a form deemed satisfactory by the City Attorney. 70 71 Ftarther, that the revenue from the sale of the Property in the amount of 72 $70,000 shall be received and appropriated as follows: 73 1. $35,000 shall be appropriated to CIP #9-060, Oceana and Interfacility 74 Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding 75 the CommonwE:alth's portion in accordance with the partnership agreement; 76 2. $35,000 shall be appropriated to CIP #3-368, Various Site Acquisitions. 77 7s This ordinance shall be effective from the date of its adoption. 79 s o Adopted by the Council of the City of Virginia Beach, Virginia, on the s i day of _ , 2010. CA11549 R-1 \\vbgov. com\dfs 1lapplications\citylawprodlcycom 32\wpdocs1d023\p008100064582. doc 7/23/10 APPROVED AS TO CONTENT ~L ~ ~. public Works ~~~~~~~~= ~, APPROVED AS TO LEGAL SUFFICIENCY l~l. f l APPROVED AS TO CONTENT . ~ .~ Management 5~ervices Cify A~for't~ey's Offi EXHIBIT A 1533 and'/2 01' 1525 Indiana Avenue (GPIN 2417-04-1803 &'/2 of 2417-04-1863) PARCEL ONE: GPIN 2417-04-1803 P,LL THOSE certain lots, pieces or parcels of land with the buildings and improvements thereon, lying, being and situate iri the City of Virginia Beach (formerly Princess Anne County), Virginia, and known, numbered and designated Lots One (1) and Two (2), Block A, Oceans Terrace, duly of record in the C:lerk's Office of the Circuit Court of City of Virginia Beach (i~ormerly Princess Anne County), Virginia in Map Book 7, at page 147. LESS AND EXCEPT all right, title and interest of the Grantor in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. I~f BEING the same property conveyed to the City of Virginia Beach, by deed from Frank C. Pardee a/k/a Frank C. Pardee, ~~R. and Anna M. Thoma, Executrix of the Estate of Marie Pardee, dated December 21, 2009, and recorded in the aforesaid Clerk's Office as Instrument No. 20091222001451480. PARCEL TWO:'/2 of GPIN 2417-04-1863 THE WESTERN ONE-HALF (APPROXIMATELY 30' x 125') CAF THAT certain lot, piece or parcel of land, numbered 1525 Indiana Avenue, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated as Lot 3, in Section A, plat of "Oceans Terrace" which said plat is duly rE~corded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, at page 147. LESS AND EXCEPT all right, title and interest of the Grantor in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. Il- BEING a part of the same property conveyed to the City of Virginia Beach, by deed from Thomas N. Fortenberry and Beverly S. Fortenberry, husband and wife, dated September 2;?, 2008, and recorded in the aforesaid Clerk's Office as Instrument No. 20080922001116420. FXHIRIT R SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1533 INDIANA AVENUE TOGETHER WITH THE WESTERN ONE-HALF OF 1525 INDIANA AVENUE SELLER: City of Virginia Beach PURCHASER: Cashvan Homes, LLC, a Virginia Limited Liability Company PROPERTY: 16,266 square feet of property, more or less, generally known as 1533 &'/2 of 1525 Indiana Avenue (GPIN 2417-04-1803 & part of 2417-04-1863) and more particularly described on Exhibit A to the Ordinance. SALE PRICE: $70,000 CONDITIONS OF SALE • Property is purchased "As Is, Where Is." • Seller shall convey the property subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey the Property with a plat restriction limiting the site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on the site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the Property to vacate interior lot lines. • Purchaser shall deposit Five Thousand and no/100 Dollars ($5,000.00) at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. ~~~8£~. ~. ?. ., . ~ ~ 'A£'~,-: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 229 Roselynn Lane (GPIN 2417-05-2316), to be in excess of the City's needs and authorizing the City Manager to sell the property to Joellen Wright. MEETING DATE: August 10, 2010 ^ Background: The City acquired 229 Roselynn Lane as part of the APZ-1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the property was developed with asingle-family home that was in severe disrepair and was demolished. Joellen Wright owns the adjacent property at 233 Roselynn Lane and proposes to purchase the lot for use as a side yard. ^ Considerations: The APZ-1 Disposition Committee has evaluated the property and determined that it would be preferable to leave the lot undeveloped. Additionally, the demolition of the residential dwelling unit and sale of the vacant lot to the adjacent neighbor reduces density in APZ-1. Ms. Wright has offered to purchase the property, with development restrictions, for $6,262. If the City retains the property, the City must pay to maintain the lot at an estimated annual cost of $630. ^ Alternatives: Sell the property to the adjacent owner with conditions, or keep the property in City inventory. ^ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ^ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the property, subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to City Council. ^ Revenue restriction: The City funded the acquisition of the property through the partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. Per the partnership agreement, fifty percent (50%) of the proceeds from the sale will be refunded to the Commonwealth. ^ Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Rea state ~~.,~ f ~~t= City Manager: S 1 AN ORDINANCE DECLARING THE PROPERTY 2 LOCATED AT 229 ROSELYNN LANE (GPIN 3 2417-05-2316) TO BE IN EXCESS OF THE 4 CITY'S NEEDS AND AUTHORIZING THE CITY 5 MANAGER TO SELL THE PROPERTY TO 6 JOELLEN WRIGHT. 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain parcel of land located at 229 Roselynn Lane more particularly described on 10 Exhibit "A" attached hereto and made a part hereof (the "Property'); 11 12 WHEREAS, the City acquired the Property pursuant to the APZ-1 13 Acquisition Program; 14 15 WHEREAS, the City funded the acquisition of the Property through a 16 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 17 contributing fifty percent (50%) of the funds; 18 19 WHEREAS, at the time of acquisition, the Property was improved with a 20 single-family home which has subsequently been demolished; 21 22 WHEREAS, Joellen Wright ("Wright") owns the adjacent property and she 23 has requested to purchase the Property in order to utilize it in a manner compatible with 24 the APZ-1 Ordinance; 25 26 WHEREAS, Wright desires to purchase the Property in accordance with 27 the Summary of Terms attached hereto as Exhibit "B"; 28 29 WHEREAS, the City Council is of the opinion that the property is in excess 30 of the needs of the City of Virginia Beach. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CNTY 33 OF VIRGINIA BEACH, VIRGINIA: 34 35 That the Property is hereby declared to be in excess of the needs of the 36 City of Virginia Beach and that the City Manager is hereby authorized to execute any 37 documents necessary to convey the Property to Joellen Wright, in accordance with the 38 Summary of Terms attached hereto and such other terms, conditions or modifications 39 deemed necessary and sufficient by the City Manager and in a form deemed "40 satisfactory by the City Attorney. 41 42 Further, that the revenue from the sale of the Property in the amount of 43 $6,262 shall be received and appropriated as follows: 44 1. $3,131 shall be appropriated to CIP #9-060, Oceana and Interfacility 45 Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding 46 the Commonwealth's portion in accordance with the partnership agreement; 47 2. $3,131 shall be appropriated to CIP #3-368, Various Site Acquisitions. 48 49 This ordinance shall be effective from the date of its adoption. 50 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of _ , 2010. CA11545 R-1 \\vbgov.com\dfsl\appl cations\citylawprod\cycom32\wpdocs\d022\p008\00064353.doc 7/29/10 APPROVED AS TO CONTENT ~ . Public Works --~ ~ ~~~ ~ APPROVED AS TO LEGAL SUFFICIENCY it A ney's O~Fic APPROVED AS TO CONTENT ~~ fi t J+~ P~ffi "~' .. ~,:r". ~h°^~ gym.. anagempenServices EXHIBIT "A" GPIN: 2417-05-2316 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 25, as shown on that certain plat entitled, "PLAT OF HILLCREST", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at page 8. LESS AND EXCEPT all right, title and interest of the Grantor in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. IT BEING the same property conveyed to the City of Virginia Beach, by Deed of Mark V. DeLeon, dated July 25, 2008, and duly recorded in the aforesaid Clerk's Office as Instrument Number 2008725000878090. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 229 ROSELYNN LANE SELLER: City of Virginia Beach PURCHASER: Joellen Wright PROPERTti': 229 Roselynn Lane, GPIN: 2417-05-2316 LEGAL DE:3CRIPTION; See Exhibit A attached to Ordinance SALE PRICE: $6,262.00 CONDITIO~~S OF SALE: • Property is purchased "As Is, Where Is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the property for construction in conjunction with her adjacent property upon Resubdivision to remove interior lot lines; however, Buyer may not build any new dwelling units or replace the dwelling demolished prior to sale. • Buyer shall resubdivide the Property at her expense should Buyer desire to construct across the property line between the Property and Buyer's adjacent property. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. o~~ f ~'g~ ~a....-~ i. sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Ten Years with Verona Med Inc. for Approximately 7,000 Square Feet of City-Owned Property. Located at 225 17th Street Together with the Building Commonly Known as "Peppers" and Improvements Thereon MEETING DATE: August 10, 2010 ^ Background: In 2006, the City of Virginia Beach acquired the property located at 225 17th Street in the City of Virginia Beach (the "Premises"). The Premises are approximately 7,000 square feet and contains atwo-story building (the "Building"). The Building has previously contained residential units on the second floor with the first floor devoted to restaurant and retail uses. The Premises have been unoccupied since the City's acquisition. On September 24, 2009, the City issued its Request for Proposal (the "RFP") seeking proposals for the reuse of the Premises. After a review of all the responsive proposals to the RFP, City staff determined the response of Verona Med Inc. ("Verona") to present the best proposed reuse of the Premises. Verona proposed to lease the Premises for the purpose of establishing a restaurant on the first floor and apartment units on the second floor of the Building. Verona would make all necessary repairs to the Building prior to opening for business or accepting residential tenants. ^ Considerations: This lease would be for a term of ten (10) years, with five (5) one-year renewals at the option of Verona. The City performed a structural investigation of the Building. Verona will be responsible for correcting defects discovered by the investigation and will be required to bring building into compliance with the Building Code prior to opening for business or offering any apartments for rent. ^ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ^ Alternatives: Approve terms of the Lease Agreement as presented, alter terms of the proposed Lease Agreement or decline to lease the Premises. ^ Recommendations: Approval ^ Attachrr~ents:Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting DepartmentlAgency: Public Works /Facilities Mana ement ~ „(~~ City Managers ~ ~ ~ 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 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR TEN YEARS WITH VERONA MED INC. FOR APPROXIMATELY 7,000 SQUARE FEET OF CITY-OWNED PROPERTY LOCATED AT 225 17T" STREET TOGETHER WITH THE BUILDING COMMONLY KNOWN AS "PEPPERS" AND IMPROVEMENTS THEREON WHEREAS, the City of Virginia Beach (the "City") is the owner of approximately 7,000 sq. ft. of land, with all improvements thereon, located at 225 17T" Street (the "Premises"); WHEREAS, on September 24, 2009, the City issued its Request For Proposals (the "RFP") seeking proposals for the reuse of the Premises; WHEREAS, after a review of all responsive proposals submitted to the RFP, City staff determined the proposal of Verona Med Inc. ("Verona") set forth the best reuse of the Premises; WHEREAS, Verona proposes to lease the Premises for a period of ten (10) years with five (5) one-year renewals at the option of Verona; WHEREAS, the Premises will be utilized as a restaurant, apartment units, and retail space and for no other purpose; WHEREAS, prior to occupancy of the Premises, Verona would required to make certain repairs to the Building as set forth in the Summary of Terms, attached hereto; WHEREAS, Verona's proposed lease of the Premises will further the goals of the RFP and represents a beneficial reusesof the Premises; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for the term for ten (10) years with five (5) one-year renewals between Verona Med Inc. and the City, for the Premises in accordance with the Summary of Terms, attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions or modifications deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2010. APPROVED A3 TO LEGAL SUFFICIENCY AND FORM ~CCCf~.G~1'l~~o~v rG2'~1y~~75~lS City Attorney CA11405 \\vbgov.com\DF51 \.4pplicatioos\ ~ityLawProd\cycom32\Wpdocs\D007\P007100051132.DOC R-1 July 29, 2010 APPROVED AS TO CONTENT i~:~.G l Facilities M nagement ~ EXHIBIT A SUMMARY OF TERMS Lease with Verona Med Inc. for 7,000 square feet of City-owned Property located at 225 17th Street, Virginia Beach, VA 23451 LESSOR: City of Virginia Beach LESSEE: Verona Med Inc., a Virginia corporation PREMISES: 7,000 square feet of space, including the two-story building located 225 17th Street, Virginia Beach, Virginia (GPIN 2427-16-6935) TERM: Ten (10) years: Lessee may renew for up to five (5) one-year periods. RENT: $36,600 per year, with an annual 3% escalation beginning August 16, 2013. Lessee to pay no rent from August 16, 2010 through December 31, 2010. Lessee to pay rent at one-half (1/2) the normal rate from January 1, 2011 through May 30, 2011. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Prior to occupancy, Lessee to repair, at the sole cost of the Lessee, all defects found by the structural investigation of the building. • Prior to occupancy, Lessee to bring the building into compliance with Building Code and Lessee to obtain a Statement of Special Inspections. • Lessee responsible for cost of all necessary repairs to building. • First floor of premises to be used for restaurant or retail only. • An area of the restaurant will be designated for display of art on consignment. • Sale of alcoholic beverages at the restaurant is prohibited. • Second floor to be subleased for apartments. • Lessee to remove existing siding and restore brick facade to building • Lessee to maintain liability and other insurance to satisfaction of City. • Lessee to comply with all Oceanfront Sign and Awning Guidelines. • Maintain structural portions of, and all mechanical systems serving, the Premises. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserves right to enter upon the Premises without notice to Lessee in emergency situations, or upon reasonable prior notice to Lessee in non- emergency situations. V i~applicatioas`,citylau•prod~cycom32`,WpdocsiD031 ~P00 310000 78 8 0.DOC Nu ~ ~o°;``~~ mss'%~ a~+y !uF ZSl AZ`s`` 9 t` ° CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Approve the Supplanting of State Funds with City Funds for the Sheriff's Office to Fund the Master Deputy and Sheriff Career Development Programs MEETING DATE: August 10, 2010 ^ Background: The Sheriffs Office currently participates in the Sheriffs Career Development Program and the Master Deputy Program. The Master Deputy Program rewards eligible participants enrolled in the programs by promoting them to the pay grade of Master Deputies and increasing their salaries by 10%. The Sheriff Career Development Program rewards enrolled sheriffs by increasing their State funded salary by 9.3%. The State Compensation Board regulates the number of participants in these programs through an enrollment application process In FY 2010, the Sheriffs Department had 72 participants enrolled in the Master Deputy Program, which provide participants with a 10% salary increase. Additionally in FY 2010, Sheriff Lanteigne was enrolled in the Sheriffs Career Development Program and received a salary bonus of 9.3% of the State portion of his salary from the State Compensation Board. The 2010 General Assembly approved language restricting reimbursement for these programs to those participants enrolled prior to January 1, 2010. Thus, the State Compensation Board will not reimburse the City for the portions of the salaries attributable to these programs for Master Deputies and the Sheriff because these employees were not participants prior to January 1, 2010. On February 6, 2001, the City Council adopted the City Council Policy, "Not Supplanting State, Federal, and Private Funds with Local Funds." This policy provides, "It is the policy of City Council to prevent, to the extent possible, the shifting of finance responsibility for State, federal, or privately funded programs to the citizens of Virginia Beach by not supplanting those funds with local funds when those agencies reduce funding to the various community programs that rely on that funding." ^ Considerations: The Sheriff has requested to use FY 2011 City funding to supplant state reimbursements for the salary costs associated with certain participants of the Master Deputy and Sheriff Career Development programs. The Sheriff anticipates using funds from vacancy savings to offset these costs. The Sheriff Career Development bonus will increase the Sheriff's compensation by $ 11,767. The estimated cost of the salary increase for each participant in the Master Deputy program is $4,226. Currently, the Sheriff's Office has 63 Master Deputies who were enrolled prior to Janu<~ry 1, 2010. The State Compensation Board previously funded 72 positions basE~d on the ratio provided by the yearly Appropriation Act. With nine positions ineliclible for Compensation Board reimbursement, the current, estimated cost to fund the Master Deputy Program is $38,034. However, the number of participants in the Master Deputy program who are ineligible for Compensation Board reimbursement may increase ~~s a result of attrition. It is possible that this state funding could be restored in FY 2012. ^ Public Information: Public information will be handled through the normal Council Agenda notification process. ^ Recomirendations: ^ Attachrnents:Ordinance Submitting DE~partment/Agency: Sheriff s Department City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO APPROVE THE SUPPLANTING OF STATE FUNDS WITH CITY FUNDS FOR THE SHERIFF'S OFFICE TO FUND THE MASTER DEPUTY AND SHERIFF CAREER DEVELOPMENT PROGRAMS WHEREAS, the Sheriff has requested the use of city funds from the Sheriff's Office FY 2010-11 Operating Budget to supplant state funding reductions related to participation in the Master Deputy Program and the Sheriff Career Development Program; and WHEREAS, the City Council has a City Council Policy in place to prevent, to the extent possible, the shifting of financial responsibility for State, Federal, or privately funded programs to the citizens of Virginia Beach by not supplanting those funds with local funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Sheriff's Office is authorized to use City funds, within the FY 2010-11 Sheriff's Office Operating budget, to supplant lost State reimbursement for the Sheriff Career Development bonus of $11,767 and the salary increases attributable to maintaining the Master Deputy Program at the State Compensation Board FY 2009-10 level of 72 Master Deputy positions. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. Approved as to Content: Approved as to Legal Sufficiency: Management Services rney's Office CA11582 R-3 July 29, 2010 ~NU'~ y...~~i F~~~ -s 4G-~ ~~~ ,~ ~:~.;,,,,~,,, fi;~. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving a Contract between the Community Services Board and the State MEETING DATE: August 10, 2010 ^ Background: The Commonwealth of Virginia provides funding for mental health, mental retardation and substance abuse services through the performance contract with local Community Services Boards. The contract requires localities to specify how funds will be utilized and the number of individuals served with State, Federal and Medicaid funding. It also contains a number of outcome and patient information reporting requirements. ^ Considerations: The contract provides a substantial amount of funding needed to maintain important services. As required by law, the Community Services Board endorsed the performance contract at its July 29, 2010 meeting. ^ Public Information: Public comment on the contract was solicited for 30 days, pursuant to Code of Virginia §37.1-198. Copies of the proposed contract were placed in a number of locations around the City, including Human Services offices, the Central Library and the City Clerk's Office. Public Notice was posted through the City's Internet site. ^ Alternatives: Pursuant to Code of Virginia §37.1-198, the proposed performance contract needs to be approved by City Council by September 15, 2010. Rejecting the performance contract would mean losing $11.6 million in State and Federal funding, and risking the loss of an additional $21 million in Medicaid and other fee revenues. ^ Recommendations: It is recommended that City Council adopt the resolution approving the FY 2010-11 State Performance Contract between the Virginia Beach Community Services Board and the Virginia Department of Behavioral Health and Developmental Services. ^ Attachments: Resolution and Performance Contract Summary Recommended Action: Approval Submitting DepartmentlAgency: Department of Human Services ~. City Manager: '~ ~ ~, 1 ~~ RESOLUTION APPROVING A CONTRACT BETWEEN 2 1~HE COMMUNITY SERVICES BOARD AND THE STATE 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That th~~ City Council hereby approves the FY 2010-11 performance contract 7 between the City of Virginia Beach Community Service Board and the Virginia Department 8 of Behavioral Health and Developmental Services, which provides State-controlled 9 performance a~ntract funding to the Community Services Board. Adoptecl by the Council of the City of Virginia Beach, Virginia on the day of 2010. Approved as to Content: Approved as to Legal Sufficiency: .~ . , , anagem t ~~ervices y ney's Office CA11581 R-2 July 29, 2010 City of Virginia Beach DEPARTMENTDF7~WANSFJMCES 297 lNDEPQ~NCESWLP/ARD AWNN7S'7RA71VE DN{SIDN ~ SDC SU1TE 288 (757) 497$10D VIRGW U1 BFJICti, VA Zd4fi2-2687 FAXp57)490~6736 7DD (757)437$150 DATE: July 8, 2i?9 0 TO: Citizens of Urginia Beach FROM: Diana G. Ruchelman, Vrginia Beach Gornmunity Services Board Cha SUBJECT: FY 2011 Community Senvices Performance Contract This summary of the proposed SFY 2011 (July 9, 2Q10 -June 30, 2091) Community Services Performance Contract that makes State/Federai funds available for focally provided public mental health, manta! retardation, and substance abuse services is provided for your review and comment. The funding identified includes State General Funds, State Restricted Funds, Federal Funds, required City Match Funds, Medicaid and other Fee Revenues. Estimated numbers of consumers to be served are based safely on funds made available through Medicaid, state and federal sources; services supported by local funding beyond the required match are not part of the State Performance Contract and therefore are not reflected in the data. The attached table is a summary of the core services and covered MR 1Naiver services and funding levels projected #a be paid far by funds provided and reported through the Performance Contract. FY 2011 Comnnunity Services Performance Contract Proposal Summary ~... Proposed Number of Program Service Unit Funding Consumers Mental Health Outpatient Services $1,563,614.00 1157 Case Management Services $3,188,136.00 1510 Residential Crisis Stabilization Services $1,962,212.00 490 mbulatory Crisis Stab $23,747.00 11 Day Treatment/P~irtial Hospitalization $1,422,756.00 280 Rehabilitation/Hal~ilitation $2,605,119.00 475 Individual Supported Employment $109,646.00 25 Supervised Residential Services (551) $1,453,350.00 82 Supportive Residential Services (581) $443,378.00 240 Discharge Assist~ince Project {DAP) N/A 9 MH Child and Adolescent Services Initiative N/A 101 Juvenile Detention Center N/A 179 Develo mental ~-ervices Outpatient Service°s $120,888.00 21 Case Management Services $2,589,641.00 817 Rehabilitation $2,546,257.00 150 Su porEive Residential Services $942,353.00 68 Supervised Residential Services $270,063.00 5 Intensive Residential $2,192,708.00 23 Group Supported Em to ment $500,463.00 56 Individual Suppor:ed Employment $347,780.00 75 Highly Intensive F:esidential $6,503,733.00 37 Substance Abuse Out atient $451,128.00 475 Day Treatment/P~~rtial Hos italization $362,522.00 24 Highly Intensive Residential Services $582,066.00 235 Intensive Residential Services $266,574.00 $5 Supportive Residential Services $359,530.00 43 Prevention Services $1,358,728.00 N/A Proposed Number of Program Service Unit Funding Consumers Services Available Outside of a Pro ram Area Emer envy Services $1,372,923.00 2500 Consumer Monitoring Services $32,407.00 275 Centralized Services $3,692,889.00 A1E Consumers 7~0~; ~ ~ - w'S) ~; ~~~ <t4 <, # $~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Wesley located at the rear of 565 Virginia Dare Drive, for property owner W. Cason Barco MEETING DATE: August 10, 2010 ^ Background: W. Cason Barco has requested permission to construct and maintain a boat lift, a 8.5' X 65' floating pier, a 4' X 20' ramp, and mooring pile, into a portion of City property known as Lake Wesley located at the rear of 565 Virginia Dare Drive, Virginia Beach, Virginia. There are similar encroachments in Lake Wesley, which is where W. Cason Barco has requested to encroach. ^ 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 professianal opinion that the establishment of a 15 foot wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the applicant's property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The applicant has submitted a plan for establishing a 15 foot wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. ^ Public Information: Advertisement of City Council Agenda ^ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ^ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ^ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting DeF~artment/Agency: Public Works/Real Estate City ManagerC--~- ~ ~, ~, 6~'r ~ ~~ i 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 5 PROPERTY KNOWN AS LAKE ~ WESLEY LOCATED AT THE REAR OF 8 565 VIRGINIA DARE DRIVE FOR 9 PROPERTY OWNER W. CASON 1 o BARCO 11 12 WHEREAS, W. Cason Barco desires to construct and maintain temporary 13 encroachments for a boat lift, a 8.5' X 65' floating pier, a 4' X 20' ramp, and mooring pile 14 upon a portion of the City's property known as Lake Wesley, located at the rear of 565 15 Virginia Dare Drive, in the City of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, W. Cason Barco, his heirs, 25 assigns and successors in title are authorized to construct and maintain temporary 26 encroachments for a boat lift, a 8.5' X 65' floating pier, a 4' X 20' ramp, and mooring pile 2 ~ in a portion of the City's property as shown on the map marked Exhibit "A" and entitled: 28 "ENCROACHMENT REQUEST - `EXHIBIT A' FOR W. CASON BARCO LOT 18, 29 RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO., VA. (M.B. 3 0 37, PG. 11) BEACH DISTRICT DATE: JUNE 8, 2009," a copy of which is on file in the 31 Department of Public Works and to which reference is made for a more particular 32 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 3 6 City of Virginia Beach and W. Cason Barco (the "Agreement"), which is attached hereto 3 ~ and incorporated by reference; and 38 39 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 W. Cason Barco and the City Manager or his authorized designee executes the 44 Agreement. 45 4 6 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 4 ~ of , 2010. CA-11401 R-1 PREPARED: 7/19/10 APPROVED A.3 TO CONTENTS LIC WORKS, REAL EST APPROVED AS TO LEGAL SUFFICIENCY AND FORM DA .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 6th day of Jam, 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and W. CASON BARCO, HIS 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 18" formerly SECOTAN ROAD, as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA SCALE 1" = 100' JUNE, 1954, prepared by C A BAMFORTH, C L S PRINCESS ANNE CO VA," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 565 Virginia Dare Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a boat lift, a 8.5' X 65' floating pier, a 4' X 20' ramp, and mooring pile collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley, the "Encroachment Area"; and GPIN: 2426-29-7471-0000 2427-20-6108-0000 (Lake Wesley) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. f~IOW, 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~r 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: "ENCROACHMENT REQUEST - `EXHIBIT A' FOR W. CASON BARCO LOT 18, R,ESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO., VA. (M.B. 37, PG. 11) BEACH C~ISTRICT DATE: JUNE 8, 2009," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. tt 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 shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the 3 estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of t~~e required Buffer. The Grantee shall notify the Department of Planning when the BuffE~r is complete and ready for inspection; upon satisfactory completion of the Buffer as ~~etermined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in for~~e all-risk property insurance and general liability or such insurance as is deemed neces:~ary by the City, and all insurance policies must name the City as additional namE~d insured or loss payee, as applicable. The Grantee also agrees to carry comprehE;nsive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary 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 4 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, W. Cason Barco, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ThE~ foregoing instrument was acknowledged before me this day of _, 2010, by ,CITY MANAGER/AUTHORIZED DESIGNEE 01= THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. rle/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Autliorized Designee of the City Clerk STATE OF VII~GINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) ThE; foregoing instrument was acknowledged before me this day of _, 2010, by ,CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. ShE~ is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 6 W. Cason Barco, Owner STATE OF VIRGI1v ~ CITY~'>`OF ~ ~ ~ vtii ~. D«' , to-wit: -N1 The foregoing instrument was acknowledged before me this ~_ day of 2010, by W. Cason Barco. Notary Registration Number: ~U 7~ cjlr0 My Commission Expires: `a-~ ~- cZy ( ~ APPROVED AS TO CONTENTS R (SEAL) N ryP APPROVED AS TO LEGAL SUFFICIENCY AND FORM NATURE ~~ l~>:~l ~'s~~. DEPARTMENT A R. HARMEYER, ASSISTANT CITY ATTORNEY 7 ~V MERE PAN ~~ _ - _ - - REF, 31, EAST EDGE ~ ~~N OHIO' LAKE _ _ .~ - -~- -`- W WESLEY PROPOSED ~ ~ PROPOSED 'oNO N/F GYTY OF VIRGINIA BEACH 60AT UFT~N13,~ = FLOATING PIER 2427-20-si0s (D.B. 2020. PG. 282) ;~ 65' ~n 4'x20' ao ao RAMN~' PER _ _A4.e N , 3 ~- ~wl _ _ - ~ -~ pG P ~ - " ~ 0•• E 101.43 ~ ~ (SC,1~0 ~ ~0~ N _1~5~ ~.W ONLY) . -- .. ~ . M~ W _ _ ~ PpPR - ~ ~'''` ~ '~ : ~`` 'u`` 'n`` ~ ~ ~ ,,,~ ,~, ~; 'BULKHEAD ~~ ~ :. • .:GONG. _ EX' IPF IPF Lor 17 N/F MARGARET DI~~KERSON 2426-29- 7:152 3 (D.B. 3955, PG. 731) a _ ~ n -_ - - - ~ ~_ H _ tis`~~T OFIL~ 'o rn ~P ~° ~ >~ ,~ Z u N WA~~R 9 Lic. 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CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as West Canal located at the rear of 2316 Windward Shore Drive, for property owners William Edward Schlemmer and Anjanette Carrico Schlemmer MEETING DATE: August 10, 2010 ^ Background: William Edward Schlemmer and Anjanette Carrico Schlemmer have requested permission to construct and maintain a wharf and boat lift in a portion of City property known as West Canal, located at the rear of 2316 Windward Shore Drive, Virginia Beach, Virginia. West Canal is a part of the waterways in the Bay Island section of the City. There are other encroachments on West Canal that are similar to this encroachment. ^ 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. The Department of Planning/Environmental Management Center has determined that the applicant shall make a FIVE HUNDRED AND SEVENTY FIVE DOLLAR ($575.00) payment, payable to the City Treasurer to the Department of Planning as compensation for the riparian buffer area that cannot be established on the applicant's property. This payment will be used to restore buffer areas on other City-owned property. ^ 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: Ordinarn;e, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real a ~. J~~ ~ gG~w City Manager: S ~ . ~ 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACH MENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS WEST CANAL LOCATED 7 AT THE REAR OF 2316 WINDWARD s SHORE DRIVE FOR PROPERTY 9 OWNERS WILLIAM EDWARD to SCHLEMMER AND ANJANETTE 11 CARRICO SCHLEMMER 12 13 WHEREAS, William Edward Schlemmer and Anjanette Carrico Schlemmer desire 14 to construct and maintain a wharf and boat lift upon the City's property known as West 15 Canal located at the rear of 2316 Windward Shore Drive, in the City of Virginia Beach, 15 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 property 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 §§ 15.2-2009 25 and 15.2-2107, Code of Virginia, 1950, as amended, William Edward Schlemmer and 26 Anjanette Carrico Schlemmer, their heirs, assigns and successors in title are authorized 27 to construct and maintain temporary encroachments for a wharf and boatlift on a portion 2s of the City's property known as West Canal as shown on the map marked Exhibit "A" and 29 entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED WHARF & BOATLIFT FOR 3o WILLIAM &ANJANETTE SCHLEMMER AT LOT 45 BAY ISLAND SECTION ONE 31 SCALE: 1" = 30' DATE: 07-14-2010, SHEET: 1 OF 2," a copy of which is on file in the 32 Department of Public Works. Said exhibit plat consists of two (2) sheets, copies of which 33 are attached hereto as Exhibit "A" and to which reference is made for a more particular 34 description; and 35 36 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 3 7 subject to those terms, conditions and criteria contained in the Agreement between the 3 s City of Virginia Beach and William Edward Schlemmer and Anjanette Carrico Schlemmer 39 (the "Agreement"), which is attached hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 42 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 William Edward Schlemmer and Anjanette Carrico Schlemmer and the City 4 6 Manager or his authorized designee execute the Agreement. 47 4 s Adopted by the Council of the City of Virginia Beach, Virginia, on the day 4 9 of , 2010. CA-11434 R-1 PREPARED: 7/28/10 APPROVED AS TO CONTENTS ~• UBLIC ORI<S, REAL EST APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1 . 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 28th day of Jam, 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WILLIAM EDWARD SCHLEMMER and ANJANETTE CARRICO SCHLEMMER, 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, Section One, Bay Island" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale: 1" = 100', FEBRUARY, 1958, prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA - VIRGINIA BEACH, VA. - PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2316 Windward Shore Drive, Virginia Beach, Virginia, 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a wharf and boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City Property known as West Canal the "Encroachment Area"; and G P I N : 1499-98-8776-0000 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. IOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby/ grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constru~;ted and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED WHARF & BOATLIFT FOR WILLIAM & ANJANETTE SCHLEMMER AT LOT 45 BAY ISLAND SECTION ONE DATE: 07-14-2010, SHEET: 1 CAF 2," Said exhibit plat consists of two (2) sheets, copies of which are attached hereto as Exhibit "A" and to which rE~ference is made for a more particular description. Sheet 2 of 2 is hereby incorporated by reference and attached showing boatlift piling location. Providing however, nothing herein shall prohibit the City from immediately removing, or ardering 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 2 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 understood and agreed the Grantee shall make a FIVE HUNDRED AND SEVENTY FIVE DOLLAR ($575.00) payment, payable to the City Treasurer, to the Department of Planning as compensation in lieu of the typically required 15 feet of riparian buffer area required as a standard condition of the City, which cannot be established on the Grantee's property. Said payment will be used to restore buffer areas on other City owned property. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in for~~e all-risk property insurance and general liability or such insurance as is deemed neces:~ary by the City, and all insurance policies must name the City as additional namE:d insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements ~~roviding at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the ~:ollection 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 tl~e 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 ~Nithin 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 4 collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, William Edward Schlemmer and Anjanette Carrico Schlemmer, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of _, 2010, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. Fle/She is personally known to me. Notary Public Notary Registr~~tion Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Auth~~rized Designee of thE~ City Clerk STATE OF VIRGINIA CITY OF VIRGNIA 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: 6 ~yt .,~,,3 ~ ~~ ~n ~~ _ ~; f ~t l ,,~,~ C ~~ ~ci~ ~ ~,~~ William Edward Schlemmer, Owner by his Attorney-In-Fact, Anjanette Carrico Schlemmer By " ette Carrico Schlemmer, Owner STATE OF vzRCZrr ~~~~ C-t~Y/CA~Pd~Y OF ~ ~ , to-wit: The foregoing instrument was acknowledged before me this ~ day of 2010, by William Edward .Schlemmer, by his Attorney-In-Fact, Anjanette Carrico Schlemmer. ~ f (SEAL) Notary Pub is Notary Registration Number: ~g3~4~i My Commission Expires: 5- 3'L' ~101~ ~~" ~, -, _. !fit ~' STATE OFvzRCZrrz ~vA`~~ C#~'1'`/C6t}fd-~1' OF , to-wit: The foregoing instrument was acknowledged before me this ~ ' 1'~ day of Z,. , 2010, by Anjanette Carrico Schlemmer. (SEAL) No a ublic Notary Registration Number: L93'~q•~i My Commission Expires: 5 - 3L- ~01~ w ~~ 7 ~ c ~"~" a yam,, ~i0p E~ehr^ u.Y .. APPROVED IBS TO CONTENTS A E .~ ~~~~~ DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM /~ NA ARMEYER, ASSISTANT CITY ATTORNEY ~ ,~ WEST ~J~l~ ~ g Ga-- ~ ~ PROPflS® 6~SllFT AT{W PRC1P{?SID 4'x1 i5' W#iARF~,~.~ FOUR {~) B'9x30' P1LfS EX. Bt1Lk~~ ~ ~'~~ ~~~.~ s• wmE Sty _ a 83't2•y8» ~ ~ • ~ x.57' ~ 6" 7'18' w~B~c s ~-- M:.V+° APS~J !alt~iVr' REAG~ 32.83' EX. BULK~EA~ ` PLAf~f'~iN~ BzDS +~,. ~ ~- -.. '~k ao - •~''r `, ~ ~ . 4 APS 7 ~ J PATS s NJf J1P10ltEW YAt~DERP£Mi ~ 2320 MRD SHORE DiBVE ( APO 2 ;+~s-~a-mo rc/~ flokoTHY surer LOT44 2372 YPIt~F)WA42D SHORE OIbi~E G'Plhl: 1498-9R-9874 } ~ ~jC:tC ~ E LOT 4b ~ ~ X2316 ' ' rn ~ t . W ~ f n tr ~ ~ k j w " •~. Y1t~_LL4M ~ ANJANE'iTE S LOT 45 WSiRUMENT l:za0B092+S00112810Q ccx+c PLAh~ slAiG PLAT - MB 45 PGS 37 & 37A ssRrve $EDS t - ' R=13YOD.~ R=9Q4.55 "~- ' WINI3WAR~ SNARE DRNE o scr ~i X50' R/iN} ~' t`=30' ,ICATII~t BY: EXI~IT A IAM E~ ANJANETTE SCAR ENCROAG#IT OF PRDPdSED YItp~IDWARD 51flditE Dft1YE IMtIARF E. BOATL~T It9A BEACH, VA 23451 FdR SHEET: 1 OF 2 WiLLIAaA 8 ANJANETTE SCHI.EN~R #: 1499.98-8776 AT LdT 45 BAY ISLAM SECTION ONE DATE: 07-14-2010 EXHIBIT A Sf=AWARD ENCROACHMENT OF BOATLIFT PILfNG PROPOSED BoATUFr PROJECT' LOCATION: WEST CANAL >=OR: WILLIAM SCHLEMMER 2316 WINDWARD SHORE DRIVE VIRGIINIA BEACH, VA 23451 SHEET 2 OF 2 DATE: 07-14-2010 GRAPHIC SCALE 0 20' 40' 1"=20' SPECIAL POWER OF ATTORNEY (GIVING AND GRANTING) PREAMBLE: This is a MILITARY POWER OF ATTORNEY prepared pursuant to Title l0, United States Code, § 1044b, and executed b}' a person authorized to receive legal assistance from the military services. Federal law exempts this power of attorney from any requirement of form, substance, formality, or recording that is prescribed far powers of attorney by the laws of a state, the District of Columbia, or a territory, commonwealth, or possession of the United States. Federal law specifies that this power of attorney shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the jurisdiction where it is presented. KNOW ALL PERSONS: That I, WILLIAM E. SCHLEMMER (``Grantor" or "Principal"), currently residing at MANAMA, BAHRAIN' by this document do make and appoint ANJANETTE C. SCKLEMMER ("Grantee", "Agent" or "Attorney in Fact"}, whose address is 231.6 WINDWARD SHORE DRIVE, VIRGINIA BEACH, VA 23~151as my true and lawful attorney-in-fact to act as follows, GRANTING unto my said Attorney full power to: TO SIGN ANY A'D'D ALL DOCUMENTS ON MY BEHALF IN MY ABSENCE FOR THE ENCROACHMF.I!'T AGREEMENT INVOLVING THE DECK, BOAT LIFT, AND BULKHEAD REPAIRS. TERMINATION: This power shall remain in full force and effect until 28 September 2011, unless sooner revoked or terminated by me. Notwithstanding my insertion of a specific expiration date herein, if on the above specified expiration date I shall be, or have been, carried in a military status of "missing", ''missing-in- action" or "prisoner of war", then this power of attorney shall automatically remain valid and in full effect until sixty (60) days after I have rettn-ned to the United States Military control following termination of such status. This power of attorney shall not be affected by the disability of the Grantor or Principal. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this day, 28 July 2410. ~fJ. ,,,giel ,~"P' J. ~F' r+' ...mow Grantar'S Signature ACKNOWLEDGEfVIENT BY NOTARY PUBLIC WITH THE UNITED STATES ARMED FORCES, SS. At COMUSNAVCEN'I", BAHRAIN, the foregoing instrument was acknowledged before me by Wittiam E. Schlemmer on 28 Juh~ 2(110. 1 do further certify that I ant a person in United States Armed Forces authorized the general powers of a Notary public under Title 10 U.S.C. 1044a~,tAN Chapter tX. ,~" ;/.. ~N 1 KIM M. CHR1~ Y, USN Fleet Force JAGiLegalman Authority: 10 U.S.C. § 1044a NO SEAL REQUIRED My commission expires: 27 Feb 2012 w _ ~j ~ ` l f ~k ~~--`-~'" ~'a ~~1 ~ 1 t ' ~ W `l ~~ `~ ~ T ' ~ ,~' ~ ~ UDC a~ip ~-, ~~~ ~!~ ~~ a ~~ ~, ~' ~ w ~ ~ ~ ~ ~ ~~Wo~ ``,, ~ '~ `~ `, ZZaNa~ y ~ ,~~ '~t r''~ ~-~ -~` ~~' Q Z Q Q !~ r ~~ ~ ~~~ ~\ ~~~`~ ~~~ ~ Q ~ Q ~ ~ 3 ~~ ti ~~ ,~ ao ~ ' ~ Z ¢ to 0 '~ ~``~ '~ oc `~' ~ `- ~~ ~~ 1' '-' ,f` ^~ -' ~ ~'~ `~ LL ,,% ~ <\•'~ r' ~J ~`. \ J~ y \ t r ~ ~ ~ ~ R ~~ v ~~ '~ ~ ~ `` ~, ~ ,,, `ti. •` \ / ~ \ ,,y~~~ .. ~, :~~o , ~- t~ -, ~.~ ~ '~ 1 ~~ `< ° .- ~,~~ ~ ~~ ,\ ~ `~~ ~ Q t ¢~ ``~, >, ~ ~~- r-- ~ '~ ~, ~7 N J 3 O L LL ~~ ~y +~. fit, ,~~: ,F. r . ~, ~ ,~ 11 ' J } '~~ S; i~ ~ ~ 3 ~ ~~ ,~ a- .~~. 4 ~, r ~', r~ r ,l Y } - _~ y{ ~ . ~. r ,`~ Y} w~ f1A t`, ~,~k ,; ~,~, ~` ,~. ,. +~ ~ a ~; +` <, i J ~-+ m L f~ i U 0 ~~AA/ • O .~ z M"u B~ 4 +" +Cg,7 }f~~S 2 ,~ b° CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize temporary encroachments into a portion of City property known as Cove of the Lynnhaven River located at the rear of 2725 River Road, for property owners Lloyd W. Brantley and Marlene N. Brantley MEETING DATE: August 10, 2010 - ^ Background: Lloyd W. Brantley and Marlene N. Brantley have requested permission to construct and maintain a pier and platform upon a portion of City property known as Cove of the Lynnhaven River located at the rear of 2725 River Road, 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. 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. The Department of Planning/Environmental Management Center has determined that the applicant shall make a SIX HUNDRED SIXTY DOLLAR ($660.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15-foot-wide riparian buffer area that cannot be established on the applicant's property due to the existing amount of impervious cover present on the site. This payment will be used to restore buffer areas on other City-owned property. ^ 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 Recommendect Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real e Cit Mana er:t ~~s~ ~ ~ ~ ~~ Y 9 ~ 3~„, 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS COVE OF THE LYNNHAVEN RIVER LOCATED AT THE REAR OF 2725 RIVER ROAD FOR PROPERTY OWNERS LLOYD W. BRANTLEY AND MARLENE N. BRANTLEY WHEREAS, Lloyd W. Brantley and Marlene N. Brantley desire to construct and maintain a pier and platform upon a portion of City property known as Cove of the Lynnhaven River, located at the rear of 2725 River Road, Virginia Beach, Virginia; and WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Lloyd W. Brantley and Marlene N. Brantley, their heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments for a pier and platform on a portion of the City's property as shown on the map marked Exhibit "A" and entitled: "EXHIBT A ENCROACHMENT OF PROPOSED PIER & PLATFORM FOR LLOYD &MARLENE BRANTLEY AT LOT 10 CANDLEWOOD COVE," a copy of which is on file in the Department of Public Works. Said exhibit plat consists of two (2) sheets, copies of which are attached hereto as Exhibit "A" and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Lloyd W. Brantley and Marlene N. Brantley (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Lloyd W. Brantley and Marlene N. Brantley and the City Manager or his authorized designee executes the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2010. CA-11427 R-1 PREPARED: 7.'19/10 APPROVED AS TO CONTENTS BLIC WORI~:S, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~ 9< DANA',:°" ARMEYER 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 JV,~ , 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LLOYD W. BRANTLEY and MARLENE N. ' BRANTLEY, 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 "10", as shown on that certain plat entitled: "SUBDIVISION OF CANDLEWOOD COVE LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA Scale 1" = 100' Jan. 3, 1973, prepared by HASSELL & FOLKES Surveyors & Engineers Portsmouth, Virginia Chesapeake, Virginia REVISED: March 21, 1973," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 96, at page 10, and being further designated, known, and described as 2725 River Road, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to construct and maintain a pier and platform, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Cove of the Lynnhaven River, the "Encroachment Area"; and GPIN: 1499-60-8184-0000 (CITY PROPERTY) 1499-61-2312-0000 (2725 River Road) \NHEREAS, the Grantee has requested that the City permit the Temporary Encroachmen~: within the Encroachment Area. PJOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and thie City of Virginia Beach, and in accordance with the City's specifications and approval ~~nd is more particularly described as follows, to wit: f~ Temporary Encroachment into the Encroachment Area as :shown on that certain plat entitled: "EXHIBIT A E=NCROACHMENT OF PROPOSED PIER & PLATFORM F=OR LLOYD & MARLENE BRANTLEY AT LOT 10 (~ANDLEWOOD COVE," Said exhibit plat consists of two (2) :sheets, copies of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. >heet 2 of 2 is hereby incorporated by reference and attached. 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 shall make a SIX HUNDRED SIXTY DOLLARS ($660.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15-foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in farce 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 Warned 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 sinc~le 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 o~~ 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 Encroachmern: 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 provided by law for the collection of local or state taxes; may require the Grantee to rernove 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 properly 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 4 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, Lloyd W. Brantley and Marlene N. Brantley, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its names and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) 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. Fle/She is personally known to me. Notary Public Notary Registr~ition Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Autharized Designee of thE~ City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of _, 2010, by ,CITY CLERK/AUTHORIZED DESIGNEE OF' THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registr~~tion Number: My Commission Expires: (SEAL) 6 STATE OF'v~~1-'1~a ,-ri CITYf4~8~}P~d~OF yf~ ~t'~ , to-wit: The foregoing instrument was acknowledged before me this ~ day of lV , 2010, by Lloyd W. Brantley. (SEAL) Nota Public Notary Registration Number: My Commission Expires: STATE OF ~VI,~1 }'~ ~G1 CITY><E'~ OF ~~ , to-wit: ~ PdICOLI: R, JOLLY Notary Public Commonwealth of Virginia g ~egistratiors No. 7239575 My tommissiors Expires June 30, 2013 The foregoing instrument was acknowledged before me this ~ day of ~L' , 2010, by Marlene N. 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Brantley: GPIN 1~~99-61-2312; 2725 River Road View looking South East View Looking East ~y"'a ~i f~==~`.. ~y ~~ 4~: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Initiate aOne-Year Parking Meter Pilot Program to Address Panhandling and Homelessness in the Resort Area and to Appropriate Funds Resulting from Donations to the Program MEETING DATE: August 10, 2010 ^ Background: The Resort Advisory Commission has recommended implementation of a pilot program to address issues related to aggressive panhandling behavior at the oceanfront. The proposed program is similar to a successful model used in Laguna Beach, California, and Denver, Colorado. The objective of the program is to offer an alternative vehicle for those who wish to donate to the poor and homeless. The pilot program will include eight specially designed parking meters, "Donation Meters." Parking System Staff will collect the money donated through the Donation Meters. Next, the Department of Housing and Neighborhood Preservation ("DHNP") will allocate the funds to activities and organizations that provide peer intervention and other related services to the poor and homeless with a specific focus on reducing panhandling. Additionally, the pilot program will include the possibility for charitably minded civic organizations, trade associations and businesses to sponsor a meter fora $1,000 annual sponsorship. ^ Considerations: The eight parking meters are not currently in service. The management of the program will require some City resources (Parking System Staff) to collect, maintain and install the donation meters on City property. Additionally, DHNP will work with a committee of homeless service providers, faith communities that assist the homeless, and other stakeholders. ^ Public Information: Information will be provided through the normal agenda process. ^ Alternatives: Do not implement the meter donation program and continue to address panhandling through enforcement of existing City Code. ^ Recommendations: Implement the pilot program for one year with a complete evaluation and results presented to City Council after the pilot period. ^ Attachments: Ordinance Recommended Action: Approval ~ ' Submitting Department/Agency: ment of Housing and Neighborhood Preservation & Resort Programs Office City Manager ~~ ~~ . 1 AIV ORDINANCE TO INITIATE AONE-YEAR PARKING 2 METER PILOT PROGRAM TO ADDRESS PANHANDLING 3 AIVD HOMELESSNESS IN THE RESORT AREA AND TO 4 APPROPRIATE FUNDS RESULTING FROM DONATIONS TO 5 THE PROGRAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 1. A one-year Parking Meter Pilot Program to provide an alternative donation 10 oE~portunity for those who wish to contribute to the poor and homeless in the 11 Resort Area is hereby established for the purpose of using parking meters to 12 accept donations; and 13 14 2. Prior to continuing the Parking Meter Pilot Program, a complete evaluation 15 al~~ng with results will be presented to City Council after the one-year period; 16 ar~d 17 18 3. $!0,000 is hereby appropriated to the FY 2010-11 Department of Housing 19 and Neighborhood Preservation ("DHNP") Operating Budget, with estimated 20 revenue from donations increased accordingly; and 21 22 4. Ttie DHNP shall contribute donated funds to activities and organizations that 23 provide services to the underprivileged and homeless in the Resort Area. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2010. Requires an affirmative vote by the majority of all of the members of City Council. Approved as to Content: '' ,~.: ," _ -~ ~. M°anagem~nt S~~vices Approved as to Legal Sufficiency: ity o e s Office CA11576 R-3 July 29, 2010 l4 6F4~Z`~ .ro : r'r r'' a r_> t <~; -;.; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution in Support of the Virginia Beach Police Department's Application for Recognition by the Attorney General's Community Recognition Program for Promising Practices in Domestic Violence MEETING DATE: August 10, 2010 ^ Background: The Office of the Attorney General has launched the next round of the Attorney's General's Community Recognition Program for Promising Practices in Domestic Violence Response. The Community Recognition Program is designed to recognize localities that have instituted promising or innovative practices in responding to domestic violence in their communities. This program grew out of the recognition that local inter-agency collaboration and public/private partnerships are essential elements in the response to domestic violence in our communities. Completed applications are due to the Office of the Attorney General no later than August 13, 2010. ^ Considerations: The City's domestic violence programs and policies deserve public recognition. Further, this recognition will encourage other localities to emulate our effective and successful practices. Lastly, this recognition program provides localities with an opportunity to share best practices, to engage in further discussions, and to increase public awareness about domestic violence. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Attachments: Resolution. Recommended Action: Approval ~~ Submitting Department/Agency: Police Departmen~/~'" City Manager: 1 A RESOLUTION IN SUPPORT OF THE VIRGINIA 2 BEACH POLICE DEPARTMENT'S APPLICATION 3 FOR RECOGNITION BY THE ATTORNEY 4 GENERAL'S COMMUNITY RECOGNITION 5 PROGRAM FOR PROMISING PRACTICES IN 6 DOMESTIC VIOLENCE 7 8 9 WHEREAS, domestic violence impacts thousands of Virginians each year and 10 threatens our citizens, our families, our children, our homes, and our communities; and 11 12 WHEREAS, the City Council is committed to the safety and security of our 13 citizens and communities who are impacted by domestic violence and to holding 14 perpetrators of domestic violence accountable for their actions; and 15 16 WHEREAS, the City Council continues to support promising programs and 17 initiatives to address the issue of domestic violence in our community and among our 18 citizens; and 19 20 WHEREAS, the City Council has the opportunity to apply for recognition for the 21 domestic violence practices and initiatives of our community from The Attorney 22 General's Community Recognition Program for Promising Practices in Domestic 23 Violence Response, a program supported by the Office of the Governor, the 24 Department of Criminal Justice Services, the Department of State Police, the Office of 25 the Chief Medical Examiner, the Office of the Executive Secretary of the Supreme 26 Court, the Virginia Poverty Law Center, and the Virginia Sexual and Domestic Violence 27 Action Alliance; and 28 29 WHEREAS, an application for recognition by the Attorney General's Community 30 Recognition Program requires a resolution of support from the local governing body. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 The City Council wishes to apply for recognition by the Attorney General's 36 Community Recognition Program for Promising Practices in Domestic Violence 37 Response and that the City Council fully supports all reasonable efforts to meet the 38 application requirements established by the Office of the Attorney General for such 39 application; and 40 41 BE IT FURTHER RESOLVED, that our community application for recognition 42 requires the designation of a local coordinator representing an existing inter-agency 43 domestic violence team as the contact point for the recognition process, and the City 44 Council designates Lt. Terry A. McLaughlin of the Virginia Beach Police Department to 45 represent our community for participation in this program. 46 47 - 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 49 of _, 2010. APPROVED A:3 TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: olice Departm City At ey's ffic CA11569 R-2 July 26, 2010 ~A 8~~~l~ ~-' zZ) ~`L''N~ 'noy.l~ `~~.r:i~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Virginia Department of Health to the FY 2010-11 Operating Budget of the Emergency Medical Services Department MEETING DATE: August 10, 2010 ^ Background: The General Assembly established the Four -for -Life program for the purpose of providing financial assistance to volunteer rescue squads and municipal EMS agencies to fund EMS program and projects. As required by Virginia Code 46.2-694, the Four-for-Life program collects four additional dollars on each state automobile license purchased annually. Twenty five (25) percent of these funds collected are returned to the municipality through the Rescue Squad Assistance Fund Grant Program for equipment and supplies intended to enhance rescue/medical capabilities that will be shared with volunteer rescue squads, career medics, and firefighters alike to increase medical proficiencies and to enhanced training and equipment. The Virginia Department of Health, Office of Emergency Medical Services has awarded the City's Department of Emergency Medical Services a Rescue Squad Assistance Fund grant of approximately $110,757 to purchase four (4) 12 lead defibrillators and eleven (11) 3 lead defibrillators and associated medical equipment. A local match is required, and it accounts for 56% of the cost to acquire these defibrillators. These defibrillators will be used to replace the aging defibrillators, some of which are over 10 years old, and are at the end or nearing the end of their useful lives. These machines will be used on ambulances throughout the City. This additional equipment and supplies are used to enhance rescue/medical capabilities that will be shared with volunteer rescue squads, career medics, and firefighters. ^ Considerations: The local grant match of $138,369 will be provided by transferring funds from the General Fund Reserve for Contingencies to this grant. Based on the balance of the Reserve for Contingencies as of July 7, 2010, there would be a balance of $1,354,965 if this transfer is approved. The State Four for Life funds are strictly governed by State-Code to purchase additional or enhanced equipment or training needs and may not be use to off-set or supplant current services. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Recommendations: Approve the attached appropriation and transfer. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services-c-~„~_ City Manager: ~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF HEALTH TO THE FY 2010-11 OPERATING BUDGET OF THE EMERGENCY MEDICAL SERVICES DEPARTMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1) $110,757 is hereby accepted from the Virginia Department of Health, Office of Emergency Medical Services and appropriated, with estimated state revenues increased accordingly, to the FY 2010-11 Operating Budget of the Emergency Medical Services Department for costs of replacement defibrillators and related equipment; and 2) $'138,369 is hereby transferred from the General Fund Reserve for Contingencies 'to the FY 2010-11 Operating Budget of the Emergency Medical Services Department to ~~rovide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. Require: an affirmative vote by a majority of all of the members of City Council. Approved as to Content ~ ~ ,f~ 11llanagement ~S~ervices Approved as to Legal Sufficiency --- rney's Office CA11570 R-2 July 29, 2010 ~- ", ~'~ ~t- - 5 ~'-.~....~ ~ z i ~4~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a Grant Funds from Smart Beginnings South Hampton Roads to the FY 2010-11 Operating Budget of the Department of Libraries MEETING DATE: August 10, 2010 ^ Background: Smart Beginnings South Hampton Roads (SBSHR) has awarded the Early Learning Challenge Grant to the Library Department. The maximum award amount available for the first year of the grant is $180,000. In August of 2009, the Department was awarded $122,700, and in December, SBSHR granted an additional $24,450. In June of 2010, the Department requested and has been awarded an additional $18,600. This brings total grant award for year one to $165,750. ^ Considerations: The match requirements for the first year of this grant have been satisfied in the first two parts of the grant that were awarded in August and December of 2009. Of the amount requested, $16,800 is for the completion of activities in collaboration with the Small Business Development Center of Hampton Roads, Inc. These funds will be used to continue providing services to the seven childcare centers for the period of September through December 2010. The requested funding will also allow the Small Business Development Center of Hampton Roads, Inc. to begin planning and preparations for a second year, including the possibility that an additional eight to ten childcare centers may enroll in the program. The additional $1,800 will be used to provide a comprehensive assessment and survey of the young parents' activities. ^ Public Information: Public information will be handled through the normal Council agenda process. The grant award sets forth additional public announcements and media communications requirements with which the Department will comply. ^ Alternatives: No alternative funding is available to accomplish the goals of this grant. ^ Recommendations: It is recommended that the grant be accepted and appropriated. ^ Attachments: Ordinance Recommended Action: Approval ^ Submitting DepartmentlAgency: Virginia Beach Department of Public Libraries ~~` )~- City Manager: ~ '~ 1 2 3 4 5 6 7 8 9 10 11 AID ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM SMART BEGINNINGS SOUTH HAMPTON ROADS TO THE FY 2010-11 OPERATING BUDGET OF THE DEPARTMENT OF LIBRARIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $1~~,600 is hereby accepted from Smart Beginnings South Hampton Roads and appropriated, with estimated revenue increased accordingly, to the Library Department's f=Y 2010-11 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. Requires a.n affirmative vote by a majority of all of the members of City Council. APPROVED A~~ TO CONTENT: ,~ ,; ~. .~ .~, ~ 1` .~ ~.- . Nian gea nt~~rvices APPROVED AS TO LEGAL SUFFICIENCY: it ney's Office CA11572 R-3 July 29, 2010 ~NU'8~~ ~.. 4~i ~,; s~ ~j :: ~s' t4 _ ~ vim' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Virginia Department of Criminal Justice Services, to Appropriate Fund Balance in the DEA Seized Asset Fund, and to Transfer Funds for the Required Local Match MEETING DATE: August 10, 2010 ^ Background: Since the adoption of the City's FY 2010-11 Operating Budget, additional pass-through Federal funding has been granted to the Department of Human Services from the Virginia Department of Criminal Justice Services. The grant provides $98,092 of federal funding from the Byrne Memorial Justice Grant Program and requires a local cash match of $32,698. This grant represents the third-year award of the Crisis Intervention Team grant funding and will provide services through June 30, 2011. These funds will be used to continue the work of the Crisis Intervention Team (CIT) in the City of Virginia Beach. The CIT will continue to train first responders to effectively deal with situations involving people experiencing a mental health crisis, and links offenders with appropriate treatment and resources in the community. This program provides community support, infrastructure, and training to deal with psychiatric diagnosis, suicide intervention, substance abuse issues, de-escalation techniques, the role of the family in the care of a person with mental illness, legal training in mental health and substance abuse issues, and local resources for those in a mental health crisis. Funding will pay for CIT training for police officers and 2 contractual temporary staff. ^ Considerations: The Department of Human Services, the Police Department and the Sheriff's Department will share the required match equally. The Police match of $10,899 will come from the DEA Seized Property Special Revenue Fund, the Department of Human Services will provide $10,900 from the operating budget, and the Sherriff's Department will take the $10,899 match from the Inmate Services Fund. ^ Public Information: The use of funds was endorsed by the Community Services Board at the August 22"d Executive and Finance and Audit Committee meeting. Public information will be coordinated through the normal Council agenda process. ^ Recommendations: Accept and appropriate funds and approve transfers for the local match. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Services City Manager: ~~. 1 P,N ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES, TO APPROPRIATE FUND BALANCE 4 III THE DEA SEIZED ASSET FUND, AND TO TRANSFER 5 FUNDS FOR THE REQUIRED LOCAL MATCH 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, TH~~T: 9 10 1. $98,092 in federal pass-through funding from the Virginia Department of 11 Criminal Justice Services is hereby accepted and appropriated, with federal 12 revenues increased accordingly, to the FY 2010-11 Operating Budget of the 13 Dep~~rtment of Human Services; and 14 15 2. $10, 699 of fund balance is hereby appropriated, with revenue from fund balance 16 increased accordingly, in the DEA Seized Assets Fund and transferred from the 17 FY x!010-11 Operating Budget of the Police Department to the FY 2010-11 18 Operating Budget to the Department of Human Services; and 19 20 3. $10,399 is hereby transferred from the FY 2010-11 Operating Budget of the 21 Sheriff's Office to the FY 2010-11 Operating Budget of the Department of 22 Human Services; and 23 24 4. $10,~~00 is hereby transferred within the FY 2010-11 Operating Budget of the 25 Dep~~rtment of Human Services. Adoptecl by the Council of the City of Virginia Beach, Virginia on the day of 2010. Requires ~~n affirmative vote by a majority of all of the members of City Council. Approved as to Content: ,.:, s al~gem~nt 8,~rvices Approved as to Legal Sufficiency: it ney's Office CA11579 R-3 July 29, 2010 x, h.L ~S~,N-"""y,~',., i fob, `_ "^'" .,'~ F 2; ~4ui xSl 'lo wa'~y.~a' e~,°xr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Behavioral Health and Developmental Services and to Appropriate Fund Balance of the Human Services Gift Fund to Support Mental Health Services MEETING DATE: August 10, 2010 ^ Background: Since the adoption of the City's FY 2010-11 Operating Budget, an additional $228,571 has been provided to the Department of Human Services from the Virginia Department of Behavioral Health and Developmental Services. This funding will be directed to crisis stabilization services at the existing Recovery Center including psychiatric evaluations by licensed psychiatrists, additional peer support services and testing supplies. Additionally, the Department of Human Services receives donations from the community, designated for services to citizens with developmental disabilities. Very Special Arts, Inc. (VSA) is a private nonprofit organization that provides cultural experiences to many of the Department's consumers who are served by the Developmental Services Division. In addition to providing art classes, VSA sponsors an annual theatre production that enables more than 50 of our consumers to participate on stage at a local venue. The Department of Human Services requests an appropriation of $2,500 from the Department's Gift Fund to make a contribution to VSA to continue to support these cultural experiences. ^ Considerations: There are no additional local funds required with this request. No additional City personnel are required to provide these services. ^ Public Information: The use of funds was endorsed by the Community Services Board July 22"d Executive and Finance and Audit Committee meeting. Public information will be coordinated through the normal Council agenda process. ^ Recommendations: Accept and appropriate $228,571 in Federal revenue and appropriate $2,500 in fund balance to provide additional services to clients. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Services City Manager: ~ ~' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 P,N ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF BEHAVIORAL FIEALTH AND DEVELOPMENTAL SERVICES AND TO P,PPROPRIATE FUND BALANCE OF THE HUMAN ~~ERVICES GIFT FUND TO SUPPORT MENTAL HEALTH ~;ERVICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $22f~,571 is hereby accepted from the Virginia Department of Behavioral Health and Developmental Services and appropriated, with state revenue increased accordingly, to the FY 2010-11 Operating Budget of the Department of Human Services; and 2. $2,5~~0 of fund balance from the Department of Human Services Gift Fund is hereby appropriated, with revenue from fund balance increased accordingly, to the F~Y 2010-11 Operating Budget of the Department of Human Services. Adoptecl by the Council of the City of Virginia Beach, Virginia on the day of 2010. Requires ~~n affirmative vote by a majority of all of the members of City Council. Approved as to Content: IVlanagerrient ~~ervices Approved as to Legal Sufficiency: City rney's Office CA11580 R-2 July 29, 2010 GNU B~~ o ~ ~~~~ ~'-' ~ t~ .M-..,. :s~ 4t;, ~~s' ~;~ - ~~ ,~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Department of Criminal Justice Services to the FY 2010-11 Operating Budget of Juvenile Probation MEETING DATE: August 10, 2010 ^ Background: The Department of Criminal Justice Services (DCJS) has awarded the Virginia Beach Court Service Unit funding through the federal Juvenile Accountability Block Grant. The "Systems Change Initiative" grant will be active from July 1, 2010 through June 30, 2011. This grant will provide $43,820 of federal funding with a $4,869 local match requirement. The "Systems Change Initiative" grant funding is to be used to promote systematic change in the local juvenile justice system. This funding will fill the need for apart-time FTE to oversee detention initiatives as well as internal policy /procedure changes. This position will also be responsible for helping implement a new Virginia Beach Courts System community based initiative, which will move all field probation/parole positions out of the court building and into the communities and schools. The part-time FTE is renewable for up to four years and has been designed to dissolve at the termination of the grant funding. ^ Considerations: The match requirement is minimal considering the amount of funding received and the significant projects that can be accomplished with these funds. The grant match is to be provided by Juvenile Probation's operating budget. ^ Public Information: Public information will be provided through the normal Council Agenda process. ^ Recommendations: It is recommended that Council approve the attached budget ordinance. ^ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Virginia Beach Court Service Unit/Juvenile Probation City Manager: S . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO FY 2010-11 OPERATING BUDGET OF JUVENILE PROBATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, TH~4T: 1. $43,820 in federal funding is hereby accepted from the Department of Criminal Justice Services through the Juvenile Accountability Block Grant and appropriated, with estimated federal revenues increased accordingly, to tt~e FY 2010-11 Operating Budget of Juvenile Probation for the purpose of Banding apart-time FTE to oversee detention initiatives, community and school based transition plan, and internal policy and procedural changes; and 2. This position shall dissolve once grant funds have been exhausted; and 3. $4,869 is hereby transferred within the FY 2010-11 Operating Budget of Juvenile Probation for the required match. Adoptecl by the Council of the City of Virginia Beach, Virginia on the day of 2010. Requires ~~n affirmative vote by a majority of all of the members of City Council. Approved as to Content: ~`~ ,. ~Vlanage~nentServices °~ Approved as to Legal Sufficiency: rney's Office CA11583 R-2 July 29, 2010 L. PLANNING Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for DAVID R., THEODORE E. SR. and KIMBERLY M. THIEMAN, re lot width at 1400 and 1428 Campbell's Landing Road (DISTRICT 7- PRINCESS ANNE) RECOMMENDATION APPROVAL 2. Application of FRANCIS ASBURY UNITED METHODIST CHURCH for Modification of Conditions (approved on May 25, 1999) re the addition of a Preschool at 1871 North Great Neck Road (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL Application of STEPHEN J. and PAULA H. LAUKAITIS, MAXIM V. MIROVSKI and MARGARET Y. BUMGARTEN for a Conditional Use Permit re a community pier to be shared by two adjacent property owners at 3300 and 3336 Whippoorwill Point (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 4. Application of RORY KENNEDY/SMO, INC. for a Conditional Use Permit re auto repair garage at 493 South Independence Boulevard (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPROVAL 5. Application of HI-5EA, LLC for a Conditional Use Permit re a bank drive-through at Pacific Avenue between 32"a Street and Laskin Road at "Beach Center" (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL Zk-.'k ~+"~t' NOTICE OF PUBLIC HEARING Virginia Beach City Council wili meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, August 10, 2010, at 6:00 p.m. The following applications will be heard: PRINCESS ANNE DISTRICT David R. Thieman/Theodore E. Thieman, Sr. and Mary F. Thieman, David R. and Kimberly M. Thieman Application: Subdivision Variance at 1400 and 1428 Campbells Landing Rd. LYNNHAVEN DISTRICT Stephen J. and Paula H. Laukaitis/Maxim V. Mirovski and Margaret Y. Baumgarten Application: Conditional Use Permit for a community pier at 3300 and 3336 Whippoorwill Point. Francis Asbury United Methodist Church Application: Modification of Conditions (approved by City Council on May 25, 1999) at 1871 N. Great Neck Road. KEMPSVILLE DISTRICT Rory Kennedy/SMO, Inc. Application: Conditional Use Permit for an automotive repair garage at 493 South Independence Boulevard. BEACH DISTRICT Hi-Sea, LLC Application: Conditional Use Permit fora bank drive-throuEh at Pacific Avenue between 32nd Street and Laskin Road. 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.vbEOV.com/ac For information call 385-4621. 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 July 25 & Aug. 1, 2010 21563016 ~ u~ s ~~° ~~~ ,_~ ~{~~ `.~ 4 s ~ t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAVID R. THIEMAN/THEODORE E. THIEMAN, SR. ~ MARY F. THIEMAN, DAVID R. 8~ KIMBERLY M. THIEMAN, Subdivision Variance, 1400 8~ 1428 Campbells Landing Rd. PRINCESS ANNE DISTRICT. MEETING DATE: August 10, 2010 ^ Background: This request consists of two parcels containing 2.33 acres and 26.72 acres. Existing single-family homes are located on each of the lots. The parcels are zoned AG-1 and AG-2 Agricultural Districts. Each of the existing subject parcels, by separate recorded plats, has been designated as Parcel A. The smaller Parcel A contains 2.33 acres and the larger Parcel A contains 26.72 acres. Each lot currently has frontage on Campbells Landing Road and meets lot area and lot width dimensional requirements. However, the larger Parcel A's frontage consists of marsh and wetlands and access cannot be provided from this parcel's road frontage. This site's access has always been through a recorded 20-foot ingress/egress easement located on adjoining parcels. It is the intent of the applicant to resubdivide the two existing parcels among family members. The smaller Parcel A will be increased to 17.18 acres (proposed Lot A-2) and the larger Parcel A will be decreased to 11.95 acres (proposed Lot A-1 ). However, proposed Lot A-1 will not have frontage on a public street as required by Section 4.4(d) of the Subdivision Ordinance and a variance is required. Proposed Parcel A-2 will now contain all existing road frontage. ^ Considerations: This request is a simple resubdivision and redistribution of existing parcels among family members. Access to the existing residences will not change and no additional development is proposed. Therefore, there will not be any additional impacts to the floodplain. However, proposed Lot A-1 will not have frontage on a public street as required by Section 4.4(d) of the Subdivision Ordinance and a variance is required. Staff recommends approval with the condition below. There was no opposition to the request. David R. Thieman Page2of2 ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion Icy a recorded vote of 11-0, to recommend approval of this request to the City Council with the following condition: The exi:~ting parcels shall be resubdivided substantially in accordance with the submittE~d "Preliminary Subdivision Plat for the Resubdivision of Parcel A and Parcel ~~"; dated January 26, 2010 and prepared by Gallup Surveyors and EngineE~rs, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. ^ Attachnnents: Staff Review and Disclosure Statements Minutes ~~f Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De~~artmentlAgency: Planning Department City Manager~~ ,~~~ L;Khg Item # 1 David R. Thieman Conditional Use Permit 1400 and 1428 Campbells Landing Road District 7 Princess Anne July 14, 2010 CONSENT GPIN: 2319-70-8902; 2319707087 An application of David R. Thieman for a Subdivision Variance, subdivision of David R. Thieman on property located at 1400 and 1428 Campbells Landing Road. CONDITIONS The existing parcels shall be resubdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Resubdivision of Parcel A and Parcel A"; dated January 26, 2010 and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 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 By a vote of 11-0, the Board has approved the application of David R. Thieman. ~. M•w ~. i ~~~p tiV ~~ ~_ ~ `~ f.fi-.,,,,,_,,~~ ,~ ~, . t~. ~ ~ as ~ `~ ~'~ ~~ ~; ~ r- ~ __ ~~ ~' ~`'i~ ~ t' ~ ~k~l ~ 1 e~ ,; ~ _ ~ ~,,.. ~ ~~~~ ~~ ~ '= .~ 4 ~ ~~~-' ~~ -._-_~. ~`'1 ? .~ }~ l ~~ ~~ _ ~l ti s., i 1' ~ --._.~ ~~ 1 \ `~ ~- i ~~~ ~~ ~ ~~ ~ O V ~~,,.-,,- L4-~.- ~r a ~~` _ - ~ ~/ X ._... ~ ~1 ff C~_ , 6 _.._~.:.....~::._ t~~_ ~ • t iJ " ~-t V l~ ~$ ---~ ~~ r ~~ :...._ _ ...,. ,.. tk +wr Sy6d/visfon valw.ar 1 July 14, 2010 Public Hearing APPLICANT: DAVID R. THIEMAN PROPERTY OWNERS: THEODORE E. THIEMAN, SR. & MARY F. THIEMAN & DAVID R. & KIMBERLY M. THIEMAN STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created lots must have direct access to a public street. ADDRESS /DESCRIPTION: 1400 and 1428 Campbells Landing Road. GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 2319708902; 2319707087 PRINCESS ANNE 29.13 acres Less than 65 dB DNL SUMMARY OF REQUEST Existing Lots: This request consists of two parcels containing 2.33 acres and 26.72 acres. Existing single-family homes are located on each of the lots. The parcels are zoned AG-1 and AG-2 Agricultural Districts. Each of the existing subject parcels, by separate recorded plats, has been designated as Parcel A. The smaller Parcel A contains 2.33 acres and the larger Parcel A contains 26.72 acres. Each lot currently has frontage on Campbells Landing Road and meets lot area and lot width dimensional requirements. However, the larger Parcel A's frontage consists of marsh and wetlands and access cannot be provided from this parcel's road frontage. This site's access has always been through a recorded 20-foot ingress/egress easement located on adjoining parcels. Proposed lots: It is the intent of the applicant to resubdivide the two existing parcels among family members. "fhe smaller Parcel A will be increased to 17.18 acres (proposed Lot A-2) and the larger Parcel A will be de~:reased to 11.95 acres (proposed Lot A-1 ). However, proposed Lot A-1 will not have frontage on a public :street as required by Section 4.4(d) of the Subdivision Ordinance and a variance is required. Proposed Parcel A-2 will now contain all existing road frontage. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwellings. SURROUNDING LAND North: Single-family dwelling, woods, marsh and wetlands / AG-1 & USE AND ZONING: AG-2 Agricultural Districts South: Campbells Landing Road, single-family dwelling and cultivated fields / AG-1 & AG-2 Agricultural Districts East: Marsh and wetlands / AG-1 & AG-2 Agricultural Districts West: . Single-family dwellings, woodland and cultivated fields / AG-1 & AG-2 Agricultural Districts NATURAL RESOURCE AND These sites are located within the Southern Watersheds Management CULTURAL FEATURES: Area and are located within Flood Zone AE and the floodplain subject to special restrictions. Since no new structures are proposed, there is not a conflict between the floodplain and this request. COMPREHENSIVE PLAN: The Comprehensive Plan states that the Rural Area is low, flat land with wide floodplains send altered drainage. The Rural Development guidelines, located on page B-14, state that one should subdwide residential lots on soils that possess the best drainage and water table characteristics. Determine tFiat the principal goal of protecting agriculture and conserving our natural resources is not compromised through this subdivision method. As no development is proposed for the site, there will be no impact affecting the poorly drain soils, also known as 'Land Management Soils', on the site (p 5-3). CITY SERVICES WATER: 8 :iEWER: These sites are not served by City water and sewer. On-site systems currently serve these sites. TRAFFIC: ~cince no additional structures are proposed, there will not be any additional traffic generation. Section 9.3 of the Subdivision Ordinance states: DAViD R. THIEMAN :_ Agenda Item 1 Page 2 No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION This request is a simple resubdivision and redistribution of existing parcels among family members. Access to the existing residences will not change. No additional development is proposed. Therefore, there will not be any additional impacts to the floodplain. However, due to the floodplain, proposed Lot A- 1 will not have frontage on a public street as required by Section 4.4(d) of the Subdivision Ordinance and a variance is required. Staff recommends approval with the condition below. CONDITION The existing parcels shall be resubdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Resubdivision of Parcel A and Parcel A"; dated January 26, 2010 and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 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 Cify Codes and Standards. AERIAL OF SITE LOCATION DAViC3. R. THIEMAN Agenda item 1 Page 4 ~ <~ a~ ~t ~~~« ~ a~ a - ~$ ~~ ar~c,,w -.w ~ ~~N '~{ sle ~ ~ + ~ ~~ ~ ~~~ ~ ~ ~ ~ ~ ~ ~ 7 -~ ~ ~ ~ ~ ` o m ~ ro ~~~ ~ _ (;1~ -3I ... L ! l ~~ N ~ ~~ a 6`~ r~ _ _ -r ~~ M pryM3f C 7! ~ ~ ... ~ r.- ~ ~ aarss ~ »~ ~ ~i ~ ~~~ 3 PROPOSED SUBDIVISION DAV{:D R. THIEAN ~A~enda -Ite~rn 1 Page 5 clap L-21 ll~t•ir~ R ThiPm~ 3 1 AG1 ,~ ------- ~- _ _ ~.~ ~.~'`; s.~ B.y ~ .,;,, ~_ ,:~~,F , AGZ '. ,. r~ ~, Rpa ?,. A~ 2 ., J r - ~,~ Subdfvfslon Yar/ance 1 03/27/07 SUBDIVISIONIFLOODPLAIN VARIANCE Granted 2 06/26/89 CUP outdoor recreational facili Granted 3 08/11/80 SUBDIVISION VARIANCE Granted DISCLOSURE STATEMENT APPLICANT t)ISCLOSURE tf the applicant is a corporation, partnership, firm, business, or other unincorporated organizatiat, complete the foliowaig: 1. ~~i the applicant name foNowed by the names of aif officers, membexs, trustees, partners, etc. bebw: (Attach list if necessary) -~f~+-1~.~v~r ~ '7~iF.~.~,~J 2. t_ist all twsinesses that have a .parent-subsidiary' or affiliated business entity relationship with the applicant: (Attach 1rst if necessary) w/a ~ Check here ff the applkant is NOT a corporation, partnership, firm, business, or other unincorporated organization. t.ist alt lwsinesses that have aparent-sut>~fiary' or affiliated busira;ss entity relatiorssh~ with the applicant: (Attach tis~ if necessary} D Check here if the property owner ~ NOT a corporation, parmersh~, firm, business, or other unincorporated organization. s See rxxt page for footnotes Does an offscial or errtpioyee of the City of Vrginia Beach have an interest in the subject land? Yes ~ No (~ If yes, what ~ the Hassle of the offidai or ernpbyee and tia' nature of their interest? s vaanae AppY~ian Pogo 4 ~ 113 ReWeO ~71lOB ~-., w V O A cn DISCLOSURE STATEMENT DAViR~R. THIEMAN ~, ~_. :.,Agenda -Item 1 Page 7 PROPERTY OWNER DESCLOSURE Complete this section only if property owner is differenC from appt~an#. ff the property owner is a corporation, partnership, firm, business, or other unirx:orporaU~ organisation, cornpiete the folbwing: 1. t_ist the property owner name followed by the names of all aff~ers, members, tn}stees, partners, etc. below: (Attach tist if necessary) 0<{t22t2010 18:17 FA% 7b7 A2S 290 6ALLLfP SUR1'EYpRS ~ 001 0 -~--~ i~ 11~ I~ ~~ I I ~~~ I~ 1~ I~ ~~~ ~~~ ~~y ~~~ ~~ 1.>AU -c~ ~ i C ww~.-~ Prhtt Name 9uron Vatf~nOa Applioaron Page t0 ei 10 ReNNd 7/1 112 0 0 6 DISCLOSURE STATEMENT DAVtQ R. THIEMAN Agenda Item 1 . Page 8 DISGLOSURE STATEMENT ADptTiONA4 DISCLOSURES List ~ iurown contractors ar bu~nesses that have or wiN provide services wltf- respect to the requested property use, kxludirtg but not !knitted b the providers d architecwre! cervices, real Mate st?rvk:es, finance! services, accounting services, and legal services: (Attach list if necessary) 6a1)uD Survevars & Enainegrs, Ltd, "Parent-subsidixy relatia~" means `a reiatiorsship thart exists when are oorporat~n daectlir or ~ owns at>anea possessing mme then 50 percent of the voting power of another corporation.' See State and Local Governnleru ContYci ~ Interests ACt, Va. Code § 2,2-3101. ~ AtS"r8ted is ennity reletbnsh~' means "a raiagonsnip. otlrsr thw, parent- sixy retstlonship, that exists when p) one ix~ess enthy has a oontrolNng oltmerah~ kMerest in the other txisktess entity. (ii) a oontroi{~ owner in one er><ity ~ ~ a oontraYi-~g owner to the other entity, ~ (i1i) there is attared rr~nagement ar corntol between the tx,~ir~a entities. Factors chat sttouid be cor>Bidared in detertninir-g tits axisbence of an atAYated Iwainess errtity r mck,de that the carne person or srsastarglaly the same person own or manage 1t+e two armies; there aro txxnmon or conurrvrgied funds or easels; the bucinesa entliies share t!-e uae of the earns offices or empbyaes ar o>fierw+se strare adivkie3, resources a parsorrnel txn a regular basis; or these b otherteise a dose working ndationship betweet- fire entities." See State and Local Government Conflict of interests Ad. Va. Code § CERT~tCAT{Of+l- 1 oertiy ~ q,e infomnatian oontair~d txrein ~ Nue end axwrte. r wrdersf~d that. upa~ teoaip< d rwtifcaBon (postcaMd? tlNtt the appkcation hoe txser- sd~lled for txiblic hearkg, 1 a~n responsible tot obtairr'rtg ono post~g ifw rsqu~red egn on the subject i-loPel~' ~ least 3o days prior to iha echedured put>ik tearing aooorr~ng to the p~skvcdotfs !n tlde pagtage. The wrderoigned also eora~ts to srrtry upon the sugsct prvpsriy M smpioyses ~ tlrs Ospartinent ofi Piartrrnrg to photograph end view the site tw purposes ~ prooea:ing and evskreling ttris eppliartion_ Item V-I.6. -38- PUBLIC HEARING ITEM # 45033 (Continued) PLANNING Voting. 10-0 (By Consent) Council Members Yoting Aye Linwood O Branch, Ill, Margaret L Eure, William W Harrison, Jr, Barbani M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None Counctl Members Absent. Harold Heischober May 25, 1999 -37- Item V-I.6. PUBLIC HEARING ITEM # 45033 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Counctlman Harrison, Ctty Council ADOPTED an Ordinance upon application of FRANCISASBURYMETHODISTCHURCHfora Conditeonal UsePermtt ORDINANCE UPONAPPLICATIONOFFRANCISASBURYMETHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION 805992274 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Francis Asbury Methodist Church for a Conditional Use Permit for a church addition on the west side ojnorth Great Neck Rood, south of Adam Keeling Road Said parcel is located at 1871 North Great Neck Road and contains 3.578 acres DISTRICT 5 - LYNNHAVEN The following conditions shall be required 1 The proposed church addition and parking shall adhere substantially to the site plan entrtled, 'Preliminary Layout of BuildingAddition for Francis Asbury Methodist Church, " by Stte Improvement Associates, Inc ,dated 3/18/99 2 Theproposedrenovationsandadditionshalladheresubstantially to the submitted architectural rendering entrtled, "Proposed Additions and Renovations for Francis Asbury Methodist Church, " byHBA, dated 2/12/99, and match the existingstructure in design, color and materials 3 The church will connect to the city sewer system by constructing a gravity sewer line to the stte from the existing, off=site manhole approximately l00 feet away. 4. Stormwater runoff from the existing impervious surfaces on the site shall be treated, at a minimum, fora 10 percent reduction of pollutant loadtngs. The stormwater runoff from the proposed development shall be treated for both quality and quantity as required by City ordinances S Noland disturbance shall occur within theseaward fifty foot (SO J ojthe buffer. Limits of land disturbance shall be clearly marked onthesiteplan Thelrmitsoflanddisturbancejorthestormwater management facility (BMP) shall be physically marked on the site with silt fence and/or orange fencing. 6 Fourteen (14) new frees shall be planted on this site as mitigation for the trees impacted by construction activity This Ordinance shall be effective to accordance with Section 107 (n of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth ofMav. Nineteen Hundred and Ninety-Nine May 15, 1999 Francis Asbury ap.i: scs+e United Methodist Church `~E ~~;' 2 ~ ~~,-~, i a - `~ \ ,; ~ ~ r _ ,,.~40 R40 3' ~4 `~' ~ ~~~~ ~' rte: '.3 -~ ' ~~.a -~; ~ : ~ . ~:~ -; „ r~' C ,_ i /,, ~ ,' ~,,; ((~ p ih '~ r- ` yj -, E' r z .~,+.. O* ~r }; 7 1 r ,~-~- -' ~ r rXJf ~\ •zw,Fngwitlt condrio~s,P,nr/ers A9od~cafinn of Conditions 1 05/25/99 03/10/61 MOD (church addition) CUP church Granted Granted 2 02/11/03 Subdivision Variance Granted ZONING HISTORY FRANCIS ASBURY CHURCH ~4genda Item 10 -Page 7 qu•e~ ,6Sr~^"'-~~," ~ ` ~~i ~_.~~ ~~'~br ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FRANCIS ASBURY UNITED METHODIST CHURCH, Modification of Conditions, approved by City Council on May 25, 1999, 1871 N. Great Neck Road. LYNNHAVEN DISTRICT. MEETING DATE: August 10, 2010 ^ Background: The existing church proposes to add a preschool, for 90 children ages 2'/~ through 5 years, within an existing 22,500 square foot portion of the building. No exterior alterations are proposed. Typical hours of operation will be 8:30 a.m. to 12:30 p.m. The original Conditional Use Permit permitting the church was approved by the City Council in 1961. An 11,000 square foot addition for classrooms, a social hall, and additional parking was more recently approved on May 25, 1999. As a preschool was not requested as part of the Conditional Use Permit, a modification is required. The 1999 Conditional Use Permit has 6 conditions: 1. The proposed church addition and parking shall adhere substantially to the site plan entitled, "Preliminary Layout of Building Addition for Francis Asbury Methodist Church, by Site Improvement Associates, Inc., dated 3-28-99. 2. The proposed renovations and additions shall adhere substantially to the submitted architectural rendering entitled, "Proposed Additional and Renovations for Francis Asbury Methodist Church," by HBA, date 2-12-99, and match the existing structure in design, color and materials. 3. The church will connect to City sewer system by constructing a gravity sewer line to the site from the existing, off site manhole approximately 200 feet away. 4. stormwater runoff from the existing impervious surfaces on the site shall be treated, at a minimum, fora 10 percent reduction of pollutant loadings. The stormwater runoff from the proposed development shall be treated for both quality and quantity as required by City ordinances. 5. No land disturbances shall occur within the seaward 50 foot of the buffer. Limits of land disturbance shall be clearly marked on the site plan. The limits of land .disturbance for the stormwater management facility (BMP) shall be physically marked on the site with the silt fence and/or orange fencing. Francis Asbury llnited Methodist Church Page 2 of 3 6. Fourteen (14) new trees shall be planted on this site as mitigation for the trees impacted by construction activity. ^ Considerations: The existing church building is approximately 22,000 square feet and is comprisE:d of classrooms, offices, a sanctuary, social hall, and kitchen. A picnic shelter and playground are located in the rear of the site. The applicant's current proposal includes a preschool for up to 90 children within the existing building. No exterior alterations are proposed with this request. The site has two existing vehicular access points: afull-access entrance at the median opening for the schools <~nd a right-in/right-out entrance north of the median opening. This second ~~ccess point will serve the needs of the preschool for drop-off and pick- up. Staff views the addition of the preschool as a positive for the community and recommends approval subject to the conditions below. There w~~s one opposition to the request. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-0, with one abstention, recommends approval of this request to the City Council with the following conditions: All conditions attached to the Conditional Use Permit granted by the City Council on May ~:5, 1999, shall remain in effect: 1. The proposed church addition and parking shall adhere substantially to the site plan entitled, "Preliminary Layout of Building Addition for Francis Asbury Methodist Church, by Site Improvement Associates, Inc., dated 3-28-99. 2. The proposed renovations and additions shall adhere substantially to the submitted architectural rendering entitled, "Proposed Additional and Renovations for Francis Asbury Methodist Church," by HBA, date 2-12-99, and match the existing structure in design, color and materials. 3. The cFiurch will connect to City sewer system by constructing a gravity sewer line to the site from the existing, off site manhole approximately 200 feet away. 4. Storm~Nater runoff from the existing impervious surfaces on the site shall be treated, at a minimum, fora 10 percent reduction of pollutant loadings. The stormvvater runoff from the proposed development shall be treated for both quality and quantity as required by City ordinances. 5. No land disturbances shall occur within the seaward 50 foot of the buffer. Limits of land disturbance shall be clearly marked on the site plan. The limits Francis Asbury United Methodist Church Page3of3 of land disturbance for the stormwater management facility (BMP) shall be physically marked on the site with the silt fence and/or orange fencing. 6. Fourteen (14) new trees shall be planted on this site as mitigation for the trees impacted by construction activity. The following conditions shall be added: 7. The final occupancy of the preschool shall be established by the Building Official's Office and the Fire Marshall's Office. 8. A Certificate of Occupancy for the operation of the preschool shall be obtained prior to operation of the preschool. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. Item # 10 Francis Asbury iJnited Methodist Church Modification of ~~onditions 1871 N. Great N~~ck Road District 5 Lynnhaven July 14, 2010 APPROVED GPIN: 14995445-78 An application oi'Francis Asbury United Methodist Church for a Modification of Conditions approved by City Council on May 25, 1999 on property located at 1871 N. Great Neck Road. CONDITIONS All conditions attached to the Conditional Use Permit granted by the City Council on May 25, 1999, shall remain in effect: 1. The proposed church addition and parking shall adhere substantially to the site plan entitled, "Preliminary Layout of Building Addition for Francis Asbury Methodist Church, by Site Improvement Associates, Inc., dated 3-28-99. 2. The proposed renovations and additions shall adhere substantially to the submitted architectural rendering entitled, "Proposed Additional and Renovations for Francis Asbury Methodist Church," by HBA, date 2-12-99, and match the existing structure in design, color sand materials. 3. The church w:.ll connect to City sewer system by constructing a gravity sewer line to the site from the existing, off site manhole approximately 200 feet away. 4. Stormwater runoff from the existing impervious surfaces on the site shall be treated, at a minimum, fora 10 percent reduction of pollutant loadings. The stormwater runoff from the proposed clevelopment shall be treated for both quality and quantity as required by City ordinance;s. 5. No land disturbances shall occur within the seaward 50 foot of the buffer. Limits of land disturbance shall be clearly marked on the site plan. The limits of land disturbance for the stormwater management facility (BMP) shall be physically marked on the site with the silt fence and/or orange fencing. 6. Fourteen (14) :zew trees shall be planted on this site as mitigation for the trees impacted by construction activity. The following conditions shall be added: 1. The final occupancy of the preschool shall be established by the Building Official's Office and the Fire Marshall's Office. 2. A Certificate of Occupancy for the operation of the preschool shall be obtained prior to operation of the preschool. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY RUSSO AYE STRANGE AYE ABS 1 ABSENT 0 ABS By a vote of 10-0, with the abstention so noted, the Board has approved the application of Francis Asbury United Methodist Church. ~., a ~~ Francis Asbury ~ O Unt ~VIe ho ist Church ,.~ . _ ~; - ,~' ~~ July 14, 2010 Public Hearing ~~ ,~-'~`~~ APPLICANT ~ PROPERTY OWNER: _, ~~ -~ Roo\~~., ' ~ ~~ FRANCIS AS B U RY ~' y. taro x ~, \-,~ UNITE D ~~ _ ~~ ~~ METHODIST ~: ~ ~~ s. e _ _ _ -\ CHURCH STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Use Permit approved in 1961 and 1999 for a religious facility (church) in order to operate a school ADDRESS /DESCRIPTION: 1871 North Great Neck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14995449780000 LYNNHAVEN 4.16 acres Less than 65 d6 DNL SUMMARY OF REQUEST The existing church proposes to add a preschool, for 90 children ages 2'/z through 5 years, within an existing 22,500 square foot portion of the building. No exterior alterations are proposed. Typical hours of operation will be 8:30 a.m. to 12:30 p.m. The original Conditional Use Permit permitting the church was approved by the City Council in 1961. An 11,000 square foot addition for classrooms, a social hall, and additional parking was more recently approved on May 25, 1999. As a preschool was not requested as part of the Conditional Use Permit, a modification is required. The 1999 Conditional Use Permit has 6 conditions: 1. The proposed church addition and parking shall adhere substantially to the site plan entitled, "Preliminary Layout of Building Addition for Francis Asbury Methodist Church, by Site Improvement Associates, Inc., dated 3-28-99. 2. The proposed renovations and additions shall adhere substantially to the submitted architectural rendering entitled, "Proposed Additional and Renovations for Francis Asbury Methodist Church," by FBA, date 2-12-99, and match the existing structure in design, color and materials. 3. The church wilt connect to City sewer system by constructing a gravity sewer line to the site from the existing, off site manhole approximately 200 feet away. 4. Stormwater runoff from the existing impervious surfaces on the site shall be treated, at a minimum, fora 10 percent reduction of pollutant loadings. The stormwater runoff from the proF~osed development shall be treated for both quality and quantity as required by City ordinances. 5. No land disturbances shall occur within the seaward 50 foot of the buffer. Limits of land distrarbance shall be clearly marked on the site plan. The limits of land disturbance for the stor~nwater management facility (BMP) shall be physically marked on the site with the silt fence and,'or orange fencing. 6. Fourteen (14) new trees shall be planted on this site as mitigation for the trees impacted by con:~truction activity. LAND USE AND PLAN INFORMATION EXISTING LAND USE: church and parking lot SURROUNDING LAND North: Single-family dwelling / R-40 Residential District USE AND ZONING: South: Single-family dwellings / R-20 Residential District East: North Great Neck Road, public schools / R-40 Residential District West: Tributary of Chesapeake Bay Single-family dwellings / R-40 Residential District NATURAL RESOURCE AND Much of the site is encumbered by the Chesapeake Bay Preservation CULTURAL FEATURES: Area and specifically the Resource Protection Area. A church and parking lot are on site, and the majority of the site is grassed with a natural area in the rear that leads to the marsh and tidal waters of the Lynnhaven River. COMPREHENSIVE PLAN: The site is located in the Suburban Area. The Comprehensive Plan's principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of they stable neighborhoods and reinforce the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. Achieving the goals of preserving neighborhood quality requires promoting the following: compatibility with surroundings, quality and attractivene:~s of site and buildings, improved mobility, environmental responsibility, and livability and buffering between nori-residential and residential development (page 3-2). FRANCIS ASB~RY CHURCH ~4~enda Item 1 Q Page 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Great Neck Road is a suburban major arterial that has a divided four-lane typical section in front of the subject site. Based on traffic counts taken in 2009, this portion of Great Neck Road operates at a borderline Level of Service F. The MTP shows North Great Neck Road as a divided facility with a bikeway in a 120 foot right-of-way. There are no roadway CIP projects in the vicinity; however, minor alterations were recently made to Great Neck Road as part of the Great Neck Middle School Replacement project. TRAFFIC: Street Name present present Capacity Generated Traffic Volume Great Neck Road 37,200 ADT 34,900 ADT (Level of Existing Land Use ~ 13~, Service "C") - 37,100 ADT Weekday ADT' (Level of Service 516 ADT Sunday "E") Proposed Land Use 3- 534 ADT Weekday ', Average Daily Trips ', Zas defined by existing church 3 as defined b church and preschool WATER 8 SEWER: This site is already connected to City water and sewer. There is an existing one-inch water meter that can be used or upgraded if necessary. Analysis of the sanitary sewer and Pump Station #266 may be required to determine if flows can be accommodated. EVALUATION AND RECOMMENDATION The existing church building is approximately 21,000 square feet and is comprised of classrooms, offices, a sanctuary, social hall, and kitchen. A picnic shelter and playground are located in the rear of the site. The applicant's current proposal includes a preschool for up to 90 children within the existing building. No exterior alterations are proposed with this request. The site has two existing vehicular access points: a full-access entrance at the median opening for the schools and aright-in/right-out entrance north of the median opening. This second access point will serve the needs of the preschool for drop-off and pick-up. Staff views the addition of the preschool is a positive for the community and recommends approval subject to the conditions below. CONDITIONS All conditions attached to the Conditional Use Permit granted by the City Council on May 25, 1999, shall remain in effect: FRANCIS ASBURY CHURCH Agenda Item 10 Rage 3 1. The proposed church addition and parking shall adhere substantially to the site plan entitled, "PrE~liminary Layout of Building Addition for Francis Asbury Methodist Church, by Site Improvement Associates, Inc., dated 3-28-99. 2. The proposed renovations and additions shall adhere substantially to the submitted architectural rendering entitled, "Proposed Additional and Renovations for Francis Asbury Methodist Church," by HBI~, date 2-12-99, and match the existing structure in design, color and materials. 3. The church will connect to City sewer system by constructing a gravity sewer line to the site from the existing, off site manhole approximately 200 feet away. 4. Stoimwater runoff from the existing impervious surfaces on the site shall be treated, at a minimum, for a 1(I percent reduction of pollutant loadings. The stormwater runoff from the proposed development sha I be treated for both quality and quantity as required by City ordinances. 5. No land disturbances shall occur within the seaward 50 foot of the buffer. Limits of land disturbance shall be clearly marked on the site plan. The limits of land disturbance for the stormwater management facility (BMP) shall be physically marked on the site with the silt fence and/or orange fencing. - 6. Fourteen (14) new trees shall be planted on this site as mitigation for the trees impacted by con:~truction activity. The following conditions shall be added: 7. The final occupancy of the preschool shall be established by the Building Official's Office and the Fire Marshall's Office. 8. A Certificate of Occupancy for the operation of the preschool shall be obtained prior to operation of the preschool. 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 P/anning /Development Services Center and Departmem! 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 Otttce within the Police Departmem` for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. FRANCIS ASBURY CHURCH ~4genda Item 10 Page 4 AERIAL OF SITE LOCATION FRANCIS ASBIfRY CHURCH ~A~enda Item 1D .Page 5 _••-•o•f6lK[ 4. M1IW 1MN•~• ~~ IMOl~000i1 Nt®- f~7111Y ' ~w nrs we w wo sw a u.n..n .r®••.vw4u Ma '/~ ~e~ b1O0Y Og1i Q; ~~ 711 WLYrJOBBY 1!{3~10l-/1 31i V J ~d rd/ ~ '~ ~i ,# I1 [ i ; ~ ~~ ~~ ~, '~ EXISTING SITE PLAN FRANCIS ASBURY CHURCH ~4genda Item 10 Page 6 1~ -~ 1~~1 ~_ O >~~ O ~'' T~ !~ ~- Q !~~ !~~T~~ iF~! !~ DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, fine, business, or other unincorporated organization, oorrtptete the following: 1. List the appNcant name followed by the names of all offacers, members, trustees, partners, etc. below: {Altadt List if necessary) Church Trustee: Gave Johnston. Dick Bauer, Gary Cotehamer, Roddy Edens, Ahce Fentress, Ken 2. List aN businesses that have aparent-subsidiary or affiliated business entity relationship with the applicant: (Attach Est Hnecessary) N/A ® Check here # the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organizat#on. PROPERTY OWNER DISCLOSURE Complete this section only if property owner Is different from applicant. If the property owner is a corporation; partnership, firm, business, or other unincorporated organization, complete the fallowing: 1. List the property owner name foNowed by the names of.at( officers, members, trustees, partners, etc. below: (Attach lf~ If necessary) Ctx»ch Trustee: Dave Johnston, Dick Bauer, Gay Colelsemer, Roddy Edens, Ace Fentress, Ken 2. List aN businesses that have aparent-subsidiary' or affiliated business entity relationship with the appNcant: (Attach Gst ifnecessary) ~ Check here 'rf the property owner is NOT a corporation, partnership, firm, business, or otl~ter unincorporated organization. & See next page for tootnoles 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 emp~yee and the nature of their interest? ModR~akan d Cand4iar,s Apphcat~n Paget 0 00 a 1 Revised 713.'Dt DISCLOSURE STATEMENT FRANCIS ASBURY CHURCH Agenda Item 1.Q Page 8 --~ 1~t5CLC.~SURE STATEMENT' Ir~t 1~lD2TlONAL DISCLOSURES moist aU known CAn~t~aGtOrS tyt'tstssin~sses that }lave or uvtll provide services with r~slZeat tc, they rectu8s#eu pxt~ty use, i~ncludi~g but not tiritited to the pr©vidars pf ~rGhileCtural servit;es, realestate sBruiCes, financial snnrices, aC{~7unt:n~ servlcee, ar.~ legal services:.(ATtach list i{necessary} HBA :~rclrttt+a4is for ttaot plan 5E~'vcC08 only _____ ` °~'arent-sv)"sidiar} relatit~nship' mear~'"a relaticnsh~p it3~t ~BxisiB v~man pn~ Gcr~ra.~n di*ectiy pr indiract(}° c~trns shares poss8asirlg mare than 6D parCFnt of th$ voitnC~ ppwe~ pi anather ct~rpbratioa.' Sea State and Local Goverr,nx;nt Con~lr~ of trtterests Act, Va_ Gorse ~ 2.2-,'1G~ z "~;ifatiated t~sirtass entity teiatipnshl~" means's r~ttptttsftip~ t)ifter Nsa parent- - su~sid.ary relationship, that exists when ~i} one i>usin~ass $nfity has 8 poniro38tnr~ pwnar~hi{~ interest izt 3ttt other business entity, (i;} s cvniroliEng ~nrner in one enttty is also a oonirplf;ng owner in t5e outer entity, ar ~aii} there is shar9d management pr canirot between ifie busir~ss entitii:rs, Fay ors tfiat shpuld be cansldered in detarm3rting ifio existence of an atfltiatep lausino~ entity reteiicnst~ep lnct~Cle tfiat the same person or s;tbst~intratiy the same persosf nwn trr masta~ the two sr~iitles~ there era common or Cptnrningl@tl ipnt~s or assets; the buslneas ent#ties share itu~ use of the same offices or em~loye~s or piherwise st^~re a~.ti~•ities, resoerr..ea or pea~s+~nnel on a fsgular basis. or there is otFu~rwise a ei~e w~rf~+»g reiatic~c+s°~ip t~eiv,~:en ~ enlit"tes." See State and Lpcat Govam'r+ent Confltot pf lnterersts Rot, tea G~st;e § CER fIFICATIf3N: ~ esrtily mat the iattormation ~ntained tseretn is troe anr3 accurate_ t urrd~r~tand that. a receipt tat rsotitication iPard} Itu3t ttte ap~lit~tw+~ has f1e~n scne~a:e~ fcx ~itrlc lts8r?;.g, t am resportsib?e ter oDtBariing attib pastsno +.he required sogr a * the subject p.aFe•t•; ~', teasf :3C days pnOr to the scheduled putrtfc heanng accord"rap to the instrucii~rs In the p~:acage. The undarsi~rr~ad atso aonserfs to entry u~ors thg subject property by emp3ayses o' t?te C}epastment u4 Piz~nnu~g to photggraph .end vfe~+ ~e site tp``r purpose-s of prQ: ess~hg ehd e~ato~ttra~ this aPR~cation. ! _.~.:..~~ ~ !. ~Y~ r ~ ~tlw8td f~iFrt€n . PaSi(1r Appta{.acits 5`nr~riure,~'"~y-1~tL~ ~~~ Prt~t tvame f \~ ,~ ~,~~~~~ ~ ~ ~ ~''~. ~av~ .iohnstnn fi# urc r'ns;ee Pro~rtp Cw+rrer s . rg-rature (ii differSrf l n ~ppiicar;} i'rirtt tdame A{Atl~~R G`f ~4~~t~s .t fv"~,S~,atus~ F~iaC '1 t:~S! zgv<scd 4,S ~~~",7 1~ tr~ ~.~ ~~ ~~ /~''''~~ ~r"'~~ /~ ~~-- _ , ~+r~- M~ !~~ ~_ ~~~ 1~~--4 DISCLOSURE STATEMENT FRANCIS ASBIJRY CHURCH ..... ,Agenda Item 9 Page 9 Kathleen Hassen Subject: FW: City Council Deferral of Laukatis CUP for pier From: Robert Simon [mailto:bob@waterfrontconsulting.net] Sent: Wednesday, August 04, 2010 3:08 PM To: Carolyn Smith Subject: RE: Deferral of Laukatis CUP for pier Carolyn, Please defer this item indefinitely. We are working on a new pier layout and dredge plan. Thanks Bob Simon 1 Stephen J. & P~lula H. Laukaitis .Tan c:._:~ .w• M~ No, t~, soak lVia?-1m V. lvlll•o~~sll ~iL ivlar ~~rer Y. ts~lum arYen ~ ~~ ~ ~, ~~ ,~.; f ,`~ i ~~- ~`; `` ~ ~ °~ "`~ '~, i ., , ., _.. ~ '~ ~y ~ ', ~ r t i , l ~ ~ `ti.~i --~ ~ __ ,~ , r J ~, f - '-~ 40 ~~ ~'`~ ' - ~' ~ t ~f R J e +' ~ ~, I~0 ~~- ~ ~- ~: , _ _ ~ ~ ~ ~~..z--~ _ ~ R4~ } ;~, - ~ ,~ fh -~ . ,,~ ,. ,~, ~ =- ~ ~; CUP Communify Boat Dock 1 03/22/05 CUP (residential kennel) Granted _ _ 2 02/04/98 Subdivision Variance Granted ZONING H13TORY BAUMGARTEN AND LAUKAITIS Agenda Item 2 gage 7 Sn.a°„`~ °~FMy~~ ~° ~3 ~~~ ~t L~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STEPHEN J. 8~ PAULA H. LAUKAITIS/MAXIM V. MIROVSKI & MARGARET Y. BAUMGARTEN, Conditional Use Permit, community pier, 3300 8~ 3336 Whippoorwill Point. LYNNHAVEN DISTRICT. MEETING DATE: August 10, 2010 ^ Background: The applicants request a Conditional Use Permit for a community boat dock to be shared by 2 adjacent property owners. Specifically, the applicants wish to share a pier approximately 160 feet long with a 10 by 25 foot float at the end of the pier. Access to the pier would be via Site B (3336 Whippoorwill Point) and then extending out to the water on Site 3-3a (3300 Whippoorwill Point). To meet the Zoning Ordinance setback requirements, the pier will be four feet wide at the point of its beginning and will then transition to five feet wide at mean low water. This proposal is also under review through the Joint Permit Application (JPA) process. ^ Considerations: Staff concludes that rather than one pier for each of the two lots, one, shared pier is preferred for both visual and navigation purposes. The proposed pier will be used exclusively by the applicants (two property owners) and will be limited to their private use, as no commercial use of the pier will be permitted per the recommended conditions. The pier will not have a sewer pump-out facility nor will petroleum products be dispensed or stored on the site. The applicants are currently seeking approval through the Joint Permit Application (JPA) process, and no construction will be permitted until the JPA is approved. Staff recommends approval of this request with the conditions below. 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: Stephen J. & Paula H. Laukaitis/Maxim V. Mirovski & Margaret Y. Baumgarten Page 2 of 2 1. The goat dock shall be constructed as shown on the plan entitled "Conditional Use Permit For A Community Pier," prepared by Waterfront Consulting Inc., dated April 20, 2010, or as may be modified as required by the Joint Permit Application Permit. 2. The ~ se of the non-commercial, community boat dock shall be limited to the private use of lots shown on the plan as "Site B" (3336 Whippoorwill Point) and "Site 3-3a" (3300 Whippoorwill Point) for boating and recreational purposes only. 3. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application process prior to any development or construction of the pier. 4. No commercial use of the dock shall be permitted. 5. TherE~ shall be no on-site storage or dispensing of petroleum products from this property. 6. TherE~ shall be no structures, except for uncovered boat lifts, on any portion of the pier. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dep~artment/Agency: Planning Department City Manager S e Item #2 Stephen J. & Paula H. Laukaitis Conditional Use Permit 3300 & 3336 Whippoorwill Point District 5 Lynnhaven July 14, 2010 CONSENT GPIN: 1488873746; 1488870921 An application of Stephen J. & Paula H. Laukaitis for a Conditional Use Permit for a community pier on property located at 3300 & 3336 Whippoorwill Point. CONDITIONS 1. The boat dock shall be constructed as shown on the plan entitled "Conditional Use Permit for a community pier," prepared by Waterfront Consulting Inc., dated Apri120, 2010, or as may be modified as required by the Joint Permit Application Pennit. 2. The use of the non-commercial, community boat dock shall be limited to the private use of lots shown on the plan as "Site B" (3336 Whippoorwill Point) and "Site 3-3a" (3300 Whippoorwill Point) for boating and recreational purposes only. 3. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application process prior to any development or construction of the pier. 4. No commercial use of the dock shall be permitted. 5. There shall be no on-site storage or dispensing of petroleum products from this property. 6. There shall be no structures, except for uncovered boat lifts, on any portion of the pier. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE I3ENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE By a vote of 11-0, the Board has approved the application of Stephen J. & Paula H. Laukaitis. ~% •ry ,~ , -,~ r ~" h "t rh w- n; «-rt Ci ~C d m «"~;' 5tep~en J. & PxuJa H. Luukaitis CUP Comnwntty Bost Dock REQUEST: Conditional Use Permit (community boat dock) 2 July 14, 2010 Public Hearing APPLICANTS ~ PROPERTY OWNERS: MAXIM V. M I ROVS KI & MARGARET Y. BAUMGARTEN / STEPHEN J. & PAUL H. LAUKAITIS STAFF PLANNER: Carolyn A.K. Smith ADDRESS /DESCRIPTION: 3336 Whippoorwill Point; 3300 Whippoorwill Point GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14888709210000 LYNNHAVEN 46,338 square feet Less than 65 d6 DNL 14888737460000 46,290 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a community boat dock to be shared by 2 adjacent property owners. Specifically, 1:he applicants wish to share a pier approximately 160 feet long with a 10 by 25 foot float at the end of thy: pier. Access to the pier would be via Site B (3336 Whippoorwill Point) and then extending out to the water on Site 3-3a (3300 Whippoorwill Point). To meet the Zoning Ordinance setback requirements, the pier will be four feet wide at the point of its beginning and will then transition to five feet wide at mean low water. This proposal is also under review through the Joint Permit Application (JPA) process. BAUMGARTEN AMID LAUICALTIS ~_ Agenda Item .2 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: One single-family dwelling on each lot. SURROUNDING LAND North: Single-family dwellings / R-40 Residential District USE AND ZONING: South: Lynnwood Drive • Single-family dwellings / R-40 Residential District East: Single-family dwellings / R-40 Residential District West: Whippoorwill Point • Single-family dwellings / R-40 Residential District NATURAL RESOURCE AND The properties are within the Chesapeake Bay watershed and CULTURAL FEATURES: specifically within the Resource Protection Area, the more stringently regulated portion of the Chesapeake Bay Preservation Area. There do not appear to be any significant cultural features on the site. COIMPREHENSIVE PLAN: The Comprehensive Plan's principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods and reinforce the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. Achieving the goals of preserving neighborhood quality requires promoting compatibility with surroundings, quality & attractiveness of site and buildings, improved mobility, environmental responsibility, livability and buffering between non-residential and residential development (page 3-2). CITY SERVICES This request for a shared pier will have no significant impact to City services. EVALUATION AND RECOMMENDATION Staff concludes that rather than one pier for each of the two lots, one, shared pier is preferred for bath visual and navigation purposes. The proposed pier will be used exclusively by the applicants (two property owners) and will be limited to their private use, as no commercial use of the pier will be permitted per the recommended conditions. The pier will not have a sewer pump-out facility nor will petroleum products be dispensed or stored on the site. The applicant is currently seeking approval through the Joint Permit Application (JPA) process, and no construction will be permitted until the JPA is approved. Staff recommends approval of this request with the conditions below. CONDITIONS The boat dock shall be constructed as shown on the plan entitled "Conditional Use Permit`fio~ A BAUMGARTEN AND LAUKAlTIS a -Agenda ltem 2 Page 2 Community Pier," prepared by Waterfront Consulting Inc., dated April 20, 2010, or as may be modified as required by the Joint Permit Application Permit. 2. The use of the non-commercial, community boat dock shall be limited to the private use of lots shown on ttie plan as "Site B" (3336 Whippoorwill Point) and "Site 3-3a" (3300 Whippoorwill Point) for boating and recreational purposes only. 3. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application process prior to any development or construction of the pier. 4. No commercial use of the dock shall be permitted. 5. There shall be no on-site storage or dispensing of petroleum products from this property. 6. There shall be no structures, except for uncovered boat lifts, on any portion of the pier. NOTE: Furtl per conditions maybe required during the administration of applicable City Ordinances and Standards..4ny site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AERIAL OF SITE LOCATION BAUMGARTEN AND LAUKAITIS -Agenda Item 2 Page 4 y ~ _ ~ ~ ,.,> > DUC CREEK RiT iBIRY tfWL 11l4SF +R® 1r >I~LOW~i.MJ ",J tf •1f>1d1T1f111 1 _ ~frM~YM f ~, )'•.'~ i ~ fir-/ ~ ~ l ~ / . 1 ~ ~ _~ l ? PROP06Eb ~ f•Nf1O11e111 ~+ ~ ' >ieTY' 1Diffflf.IP ANA FLOAT ~ w.wetmoefr/cc ~u ~ ~,j~ wi-x-eoio '$ gar r M/- J1Y[S l MT1I11i Y Iwe-„-file ."~.:,'i SITE 8 sw+~ass~1 3336 h ~ 2 O' 4 t ~N.My1't ~ ~ U`y~ ~ _ pa 4 C $17'E 3~a a..cewfruw mfew 3300 L.YNNWOOD DRIVE taa~ COI~ITbNAL USE SITE PLAN FCdt A cartrluNlrT PAR STEPHEN J. and PAIX_A H. LAUIUIRIS SITE 8. RFSUBDIVfSIp~l ~ 817FS 8-ta 8 3.2a . St1BDIVISION OF SITE 3a AS SND\MJ IX4 RAT ENTITLED D.W. GREGORY fUb OTFERS ~.f. ara, aG. 0s» AND YAXNR V. IMROVSKI aryl YAitOARET Y. BAUMOARTEN SITE 330. SIJBDMSION OF 517E 9a AS SMlONM ON PLAT fNTIT1.ED P W. GR[:GORY AND OTtifRF eue H. an ma LYNrxuvEN DISTRICT DATE: APRIL ul, ZOt23 PROPOSED 'E PLAN BAUMGARTEN AND LAUKAtTIS ~, Agenda Item 2 Page 5 i3 ~3 . L ~a ~ +~ ~ ~ ~. fy- ' ~R " ~ f~ ~ tom, ~ ~ 7MMr s. ~5 ~4 ~~ ~ ~ +~~ C ~/~ ~ ~ ', , ~-. ~~ ;,;1 , ~~ z `' `' " ", d' ~.~ °,~ ~ _ ~ ~ ;~ +~. ~* ;; t '+~` ~ '! • ~~ ~, '°` W c ,r ~~ , ,~ ~ ~ ~ ~ ~ } T X p ~ 9 1 ~ ~ 4 St 4 r s. ;\ ''~.. . iG. t PROPOSED PIER LAYOUT BAUMGARTEN A1~ID LAUKA[TIS Agenda Item 2 Page 6 o^ )ISCLOSURE STATEMENT APPLICANT DISCLOSURE i# the applicant is a corporation, partnersh~, nrrn, business, or other unintrorporated organization, canptete the following: 1: List the appbcartt name followed by the names of all officers, members, trustees, partners, etc. below: (Attach pst if necessary) MAXIM V. MIROVSKI 8 MARGARET Y. BAUMGARTEN /STEPHEN J. & PAUL H. LAUKAITIS 2. List all businesses that have aparent-subs~liary' or affiliated business entity2 relationship with the applicant: (Attach Est if necessary) ~I Check here if the appliccan# ~ NOT a corporation, partnership, firm, business, or other unincorporat~ organization. PROPERTY OWNER DISCLOSURE Complsle (his section avrly if property ownerls different from applicant. if Ehe property owner ~ a corporation, partnersh~, firm, business, or other un~corporated organizatiar, complete the following: 1. List the property owner Warne followed by the narr~s of all offers, members, trustees, partrrers, etc. below: (Attach list if na~cessairy) Dees an official or empbyee of the City of Vrginia Beach have an interest in the sub~ct land? Yes No x If ties, what is the name of ire offical or employee and the nature of their interest? CenditonN ties P~ru7Apptiation Paps B of 10 Posvked 7/32007 O V a a.~ H w a.~ w 0 0 V DISCLOSURE STATEMENT BAUMGARTEN AND LAUKA[TIS Agenda Item 2 Page 8 DISCLOSURE STATEMENT la^~~t R~ W cn ~+ ~--•~ Q O V ADDITIONAL DISCLOSURES List aN known coMradors or businesses that have or w~ provide services with .respell to the r+~uested property use, kttcktdktg but n~ limited to the providers of archibadural services, real est~e services, futartcial services, acoourrtmg services, and legal services: (Attach Net ff necessary) Y1ra~rtront Cansultirgr, inc. Punch Maxine 'Part-subs~iary ~ationsh~' means 'a relatioruh~ that abets why ors corporation dirediy or mdi-ectly awns shares possesstrtg more than 50 pervert of the vo~g power of another .' See State and local Gavemntent Conflict of irtere~s Act, Va. Code § 22-3901. z AtT~ated bus~ss slily rei~ior>ship' rrresns °a rerwhip, other than parent- subsi~ary relationship, that exists when (f) one business entity h~ a catro~g ownershgr ir~reb h ifie other business entky, (ifl a awr~r ~ one ehtiry ~ a~ a cortrollarg owner ~ the other ereNty, or (~ there is shared rratnagernent or cbrttr+ot between the business entflies. Facttars that should be considered b deterrnK-btg the ebst~ce of ~ ettr'~ted busbess envy relatkx-ship incktde that the same person or substantiaNy ties sauna parser own or manage the two entities; tl~re are corrNnon or torrxr~gied funds or assets: the buS~s entities sham the use of the same oflkes or empbyees ~ otherwise stt~e adivides, resources or persorutN on a regu~r bay; or them ~ otherwise a close workkrg relatbnsh~ between Nre entities.' See State and Local Government Cord~t of interests Ad, Va. Cools § 2.2-3101. CERTIF'~ATION: 1 certsy thad the wrtion conta&ied basin ~ true and accurate. I understand 1hM, upon receipt of notlficadion (postcard) tl~ the ap~iwtion has been sdte~ed for IeeM 30 days prior to the sdieduled Pubib txarin8 aocorc~n0 boi br padc~e• The undersigned abo ~ errtry rear the subject property by ert~toyess of the Departrnat of Plirrnirtp to and View the site for pu of ~rooear~ arw! Bw~kIp t}11s action. ~~ ~ / / c 7~Pr/t7 p 1, Maxim V. Mirovski ~ Mar~arot Y. d~ ~_ / r~~ Baurr~arter- Ads tart Nano PAM Owner's ~D (d different than appiicartt) Print Name Cw,dN~orgt tht+ P~nna Apppcatbn Pa~10d70 R~vNed 7l9l2007 DISCLOSURE STATEMENT } BAUMGARTEN AND LAUKAITIS Agenda Item 2 Page 9 ~' ~~ ~~ ~• 'd"~ ~~ ~`~ M~ ~• ~~ "'fir ~~ ~_~ ~~ a.~ ~~ ~.{ ~~ ~» ~_~ F~ C ~~ ~~ ~rsrsr~ ~~ ~i C~ ~~ DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List al! known contractors or businesses that have or will provide services with reseed to the requested property use, inchtdir~ but not krrdted to the provers of architectural services, real estate services, financial services, atxountirtg services, atxt legal services: {Attach list ti necessary) Waterfront Consuttinfl, Inc,. Punch l~Aarbe ''Parent-subsidiary n:tationsh~' means "a relatbnsl-~ the exits when one cxyrporatbn d'uedty or istdltedty owns shares possessing more than 50 percent of the v power of another corporation.' See State arxi Local Govamrtrent Conflict of Interests Ad, Va. Code § 22-3101. ~ 'Atrtiiated b~iness entity relationship' means 's relationsh~, other than parent- subsidiary relatiortsh~, that exists when n one business erdity has a corttrog ownerah~ Merest ~ the other twslrxss entity, n a corlttg owner ~ one entity is ado s contrtg owner ~ the other er~ty, or {ia~ there fs shared management or control between the business entfliea. Factors that should be considered in deterrdnktg the existence of an aRNiated busirress errMy relationship N1C~Id@ that the serrte person Or substantiapy the same person awn or manage ttte two et~ies; there are cortxnort or cxururtirtgled funds or assets; the bus~ess erg share the use of the same ofices ~ errfl,-byees or otherwise sham activities, resatrces or personr~i on a regular basis; or tha+e is otherwise a cbse working re#etfonsh~ between the entities.' See State and t.ocat Goverrvnent Conflict of Interests Ad, Va. Code § 2.2-3101. CERTIFiCATtON: I tartly that the ~ cpr~akred harsh b true arm accur~e. 1 urWerstand that, upon receipt of natifie~ion (postcard) that @re ~pl~ation has been scfiedutad fa public hearing, l am responsible for obtaining and posting the roqulr+ed sign ~ fhe aut>ject ProP~iY ~ bast 30 days prior to the sctredubd pubNc hearing aaxxding to the hstrtxsions in thi6 package. The undersigned also consaras to er~y upon the sut>lect property by ernpbytxs d the D~arfinent of Pfattr~rrg to photograph and vises the site for purposes of processkrg and evak~ating this appUca~on. ,Qoe.I 2~~ Za a ~~~ ~ - Stephen J. 8 Paula H. Laukait~ s Spnaturo Print Narne Property Owners 3igrsaturo (ff different than appliraM} Print iV~ne cons uss nppNratwn Pepe 10 of fi0 Revked 7/J' 12007 DISCLOSURE STATEMENT BAUMGARTEN AND LAUKAITIS Agenda Item 2 Page 10 T T 7 ! __r - - nur~- nenneu~ Nor to s~~~ 02 "o~ ~ 02 ._ ~~ „~~ ~"~ , l . ~ ~~ ~, ~ "c~ ,\ ,:~.. o ~/` ti _;; ~~ / ~~ _ ~~ ~ ~~, ~ 2 it ~ ~ „~ -~ /j • ~'~ ~ / x- , ~_ ~~ l ,\ ~, •;`~ ~~ ~ ~~ ~ RAA// ~v a . ~~ -, !~ 1 ~, ti. ~ ,~ ~ ' „ ~ ... ' n '~"" rnhrg wtNi Condgio~,~rolters CUF -Automobile Repair Garage DAl`E DESCRIPTION ACTIC?N 1 12/09/68 Conditional Use Permit asoline su I station Granted 2 11/08/94 10/'9/91 Conditional Use Permit (automotive service & store) Conditional Use Permit as um s & store Granted Denied ZONING° MiSTORY RORY KENNEQI' / SMO, INC. Agenda Item 3 Page 70 ~'" f ~~ ..~~.. , .~~;, ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RORY KENNEDY/ SMO, INC., Conditional Use Permit, automotive repair garage, 493 South Independence Boulevard. KEMPSVILLE DISTRICT. MEETING DATE: August 10, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow an automotive repair garage. There is currently no business operating from the site in question; the last business utilizing this site was an automotive service station approved under a Use Permit granted by the City Council in 1968. The applicant's proposal, however, differs from the use allowed under the 1968 Use Permit, as the current proposal does not involve fuel sales and proposes a wider range of automobile repair. Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. Three employees are initially anticipated for the proposed use, and, as the business grows, additional employees will be hired. The existing brick colonial style building centered on the site will house the proposed automotive repair facility. No alterations to the exterior of building are proposed. Old fuel pumps have been removed. The applicant proposes to install planters and curbing to improve the appearance of the site. Repair and striping of the existing parking lot is also proposed. ^ Considerations: This site was previously used as a gas station with an automobile service shop, which makes reuse of the site for the applicant's proposed use appropriate. Allowing an automotive repair shop that is similar to the previous use should not adversely affect the community and will restore the site to a use that serves the surrounding area. The proposed automotive repair garage is compatible to the surrounding area, and the design of the building complements the character of the surrounding community. The single-family residential area to the southwest of this site is adequately buffered by existing landscaping and a drive aisle to an adjacent commercial complex, depicted on the aerial and photographs on pages six, seven, and nine of this report. The orientation of the service bays away from the Rory Kennedy/SMO, Inc. Page 2 of 4 dwellings, as well as the distance between the dwellings and the service station, also aidE: in ensuring that the adjacent residential community is protected. A benefit of the applicant's proposed use as opposed to the use allowed by the current Use Permit for an automobile service station pertains to the traffic. South Indepen~~ence Boulevard in this location is currently functioning over capacity. The proposed automotive repair garage will reduce the potential average daily trips to this site, as automobile repair garages generate less traffic than an automot~ile service station with fuel pumps. An additional traffic-related benefit is the remc-val, as conditioned below, of two of the four access point for this site. The removal of gas pumps from this site, the addition of proposed landscaping, and recommended parking lot improvements, as conditioned below, will ensure this commercial site is aesthetically pleasing and an asset to this corridor. The applicant, however, will be requesting from the Planning Director, as provided for in Section 273 of the Zoning Ordinance, permission to install the plantings specifiecl on the proposed site plan in lieu of the ordinance's requirement for the installati~~n of a six-foot fence around the repair garage, as is normally required for automotive repair garages. The applicant's basis for this request is the existing extensive area of vegetation that borders the site, the landscape planting: proposed by the applicant, and the fact that the area to the rear of the site con:;ists of a wide vacant area and a drive aisle for the businesses to the west. Staff recommends approval of the proposed automotive repair garage subject to the conditions listed on the following page. There w<ss no opposition to the request. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council with the following conditions: When the site is re-developed, it shall be re-developed in substantial conformance with the submitted site plan, with the exception of any modifications required by the conditions below. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the building shall not be altered, except for necessary maintenance and the existing satellite dish shall be removed. When maintenance is performed, the original design and colors of building shall be preserved and/or restored. Rory Kennedy/SMO, Inc. Page3of4 3. The proposed landscaping on the site shall be in substantial conformance with the submitted plan. In addition, the street frontage plantings shall be in conformance with the Site Plan Ordinance, Section 5A. 4. The existing and proposed parking lot areas shall be re-surfaced and striped. 5. All automotive repairs shall take place inside the building. 6. There shall be no outside storage of equipment, parts, materials, or tires. 7. No more than four vehicles shall be stored outside after operating hours. All vehicles located on the site after operating hours must be stored inside the building or within one of the southernmost parking spaces as identified on the site plan as `overnight parking area'. In addition, no outside storage or parking of vehicles in a state of obvious disrepair shall be stored outside. 8. There shall be no auto body work. 9. All newly installed outdoor lighting shall be shielded to direct light and glare onto the premises and shall be deflected, shaded, and focused away from adjoining property. Any newly installed outdoor lighting fixtures shall not be erected any higher than 14 feet. 10. The existing free-standing sign may be utilized but shall not be enlarged in height or width. There shall be no other signs or neon or L.E.D. signs or accents installed on any wall area of the exterior of the building, or within or on any windows, doors, light poles, canopy supports, or any other portion of the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. 11. There shall be no pennants, streamers, balloons, portable signs, banners, or similar attention-seeking devices displayed on the site or the vehicles. 12. Only one access point shall be allowed on each street abutting the site per the Public Works Specifications and Standards. The two existing access points closest to the Independence Boulevard/Edwin Drive intersection shall be removed, and shall be curbed as specified in the Public Works Specifications and Standards and landscaped as specified in the above Condition 3. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Rory Kennedy/S MO, Inc. Page4of4 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De~~artment/Agency: Planning Department City Manager: < ~ ~ i ~r.~ Item #3 Rory Kennedy Conditional Use Permit 493 South Independence Boulevard District 2 Kempsville July 14, 2010 APPROVED GPIN: 1476680993 An application of Rory Kennedy for a Conditional Use Permit for automotive repair garage on property located at 493 South Independence Boulevard. CONDITIONS 1. When the site is re-developed, it shall be re-developed in substantial conformance with the submitted site plan, with the exception of any modifications required by the conditions below. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the building shall not be altered, except for necessary maintenance and the existing satellite dish shall be removed. When maintenance is performed, the original design and colors of building shall be preserved and/or restored. 3. The proposed landscaping on the site shall be in substantial conformance with the submitted plan. In addition, the street frontage plantings shall be in conformance with the Site Plan Ordinance, Section SA. 4. The existing and proposed parking lot areas shall be re-surfaced and striped. 5. All automotive repairs shall take place inside the building. 6. There shall be no outside storage of equipment, parts, materials, or tires. 7. No more than four vehicles shall be stored outside after operating hours. All vehicles located on the site after operating hours must be stored inside the building or within one of the southernmost parking spaces as identified on the site plan as `overnight parking area'. In addition, no outside storage or parking of vehicles in a state of obvious disrepair shall be stored outside. 8. There shall be no auto body work. 9. All newly installed outdoor lighting shall be shielded to direct light and glare onto the premises and shall be deflected, shaded, and focused away from adjoining property. Any newly installed outdoor lighting fixtures shall not be erected any higher than 14 feet. 10. The existing :"see-standing sign may be utilized but shall not be enlarged in height or width. There shall be no other signs or neon or L.E.D. signs or accents installed on any wall area of the exterior of the building, or within or on any windows, doors, light poles, canopy supports, or any other portion of the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. 11. There shall be; no pennants, streamers, balloons, portable signs, banners, or similar attention-seeking devices displayed on the site or the vehicles. 12. Only one accc;ss point shall be allowed on each street abutting the site per the Public Works Specifications and Standards. The two existing access points closest to the Independence Boulevard/Edwin Drive intersection shall be removed, and shall be curbed as specified ire the Public Works Specifications and Standards and landscaped as specified in th a above Condition 3. 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 By a vote of 11-0, the Board has approved the application of Rory Kennedy. fx,- Rat Rz h w G C O w '~ C O U 07 •~ O N x "'~N ~~ Ran° Kenned~~ ''~ n ~ oz ~ ~ >~' ,~ ~ ~ ~ ~'~ ~ ' e~~ ~~°'~ P1 \ Rio "ate. aio az * f \ ~ ~~- ~. ''~ t °'~ ~` ~ / . R1A 01' .< ~..~....~~..~._.e,... ....., ...___.,,_~---~_~---- REQUEST: Conditional Use Permit (automobile repair garage) ADDRESS /DESCRIPTION: 493 South Independence Boulevard 3 July 14, 2010 Public Hearing APPLICANT: RORY KENNEDY PROPERTY OWNER: SMO, INC. STAFF PLANNER: Leslie Bonilla GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14766809930000 KEMPSVILLE 36,956 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow an automotive repair garage. There is currently no business operating from the site in question; the last business utilizing this site was an automotive service station approved under a Use Permit granted by the City Council in 1968. The applicant's proposal, ho~~vever, differs from the use allowed under the 1968 Use Permit, as the current proposal does not involve ftiel sales and proposes a wider range of automobile repair. Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:0(1 noon. Three employees are initially anticipated for the proposed use, and, as the business grows, additional employees will be hired. The existing brick colonial style building centered on the site will house the proposed automotive repair facility. No ~ Iterations to the exterior of building are proposed. Old fuel pumps have been removed. The applicant proposes to install planters and curbing to improve the appearance of the site. Repair and striping of this existing parking lot is also proposed. RORY KENNEDY / SMO, INC. Agenda Item 3 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Vacant automobile service station SURROUNDING LAND North: Independence Boulevard USE AND ZONING: • Across Independence Boulevard is a convenience store with fuel sales / B-2 Community Business District South: Drive aisle for parking lot of adjacent business to west • Single-family dwellings / R-10 Residential District • Edwin Drive • Opposite Edwin Drive, Office / B-2 Community Business District East: Edwin Drive • Opposite Edwin Drive, Bank and Office buildings / B••2 Community Business District West: Restaurant and Offices / B-2 Community Business District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies the proposed site as being within the Suburban Area, which focuses on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods and reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIPI: South Independence Boulevard in front of this application is an eight-lane divided major urban arterial. The Master Transportation Plan proposes a divided facility within a 150-foot wide right-of-way. Currently, this segment of roadway is functioning over capacity at a level of service F. Edwin Drive in front of this application is considered atwo-lane undivided collector street. It is not listed on the MTP. TRAFFIC: Street Name Present Present Capacity Generated 'Traffic Volume S. Independence 72,685 ADT 56,240 ADT (Level of Potential Land Use - Boulevard Service "D° 1,011 ADT Edwin Drive 5,144 ADT 9,900 ADT (Level of Proposed Land Use 3- 67 Service "D" ADT Average Daily Trips x as defined by current Use Permit for gas service station with 6 fueling positions s as defined b a 1,560 square foot automotive re air sho PUBLIC WORKS /TRAFFIC ENGINEERING: Only one entrance is allowed on each street per the Public Works Specifications and Standards; therefore, the two entrances closest to the Independence Boulevard/Edwin Drive intersection should be removed. RORY KENNEQY / SMO, fNC. K Agenda Item-3 Page 2 WATER & ;;,EWER: This site is currently connected to City water and sanitary sewer. EVALUATION AND RECOMMENDATION This site was previously used as a gas station with an automobile service shop, which makes reuse of the site for the ~ipplicant's proposed use appropriate. Allowing an automotive repair shop that is similar to the previous use: should not adversely affect the community and will restore the site to a use that serves the surrounding area. The proposed automotive repair garage is compatible to the surrounding area, and the design of the building complements the character of the surrounding community. The single-family residential area to the southwest of this site is adequately buffered by existing landscaping and a drive aisle to an adjacent commercial complex, depicted on the aerial and photographs on pages six, seven, and nine of this report. The orientation of the service bays away from the dwellings, as well as the distance between the dwellings and the service station, also aide in ensuring that the adjacent residential community is protected. A benefit of the applicant's proposed use as opposed to the use allowed by the current Use Permit for an automobile :service station pertains to the traffic. South Independence Boulevard in this location is currently functioning over capacity. The proposed automotive repair garage will reduce the potential average daffy trips to this site, as automobile repair garages generate less traffic than an automobile service station with fuel pumps. An additional traffic-related benefit is the removal, as conditioned below, of two of the four access point for this site. The removal of gas pumps from this site, the addition of proposed landscaping, and recommended parking lot irnprovements, as conditioned below, will ensure this commercial site is aesthetically pleasing and an asset to this corridor. The applicant, however, will be requesting from the Planning Director, as provided for in Section 273 of the Zoning Ordinance, permission to install the plantings specified on the proposed si1:e plan in lieu of the ordinance's requirement for the installation of a six-foot fence around the repair garage, as is normally required for automotive repair garages. The applicant's basis for this request is the existing extensive area of vegetation that borders the site, the landscape plantings proposed by the applicant, and the fact that the area to the rear of the site consists of a wide vacant area and a drive aisle for the businesses to the west. Staff recommends approval of the proposed automotive repair garage subject to the conditions listed on the following page. RORY KENNEDY / SMO, INC. Agenda-Item 3 Page 3 CONDITIONS 1. When the site is re-developed, it shall be re-developed in substantial conformance with the submitted site plan, with the exception of any modifications required by the conditions below. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the building shall not be altered, except for necessary maintenance and the existing satellite dish shall be removed. When maintenance is performed, the original design and colors of building shall be preserved and/or restored. 3. The proposed landscaping on the site shall be in substantial conformance with the submitted plan. In addition, the street frontage plantings shall be in conformance with the Site Plan Ordinance, Section 5A. 4. The existing and proposed parking lot areas shall be re-surfaced and striped. 5. All automotive repairs shall take place inside the building. 6. There shall be no outside storage of equipment, parts, materials, or tires. 7. No more than four vehicles shall be stored outside after operating hours. All vehicles located on the site after operating hours must be stored inside the building or within one of the southernmost parking spaces as identified on the site plan as `overnight parking area'. In addition, no outside storage or parking of vehicles in a state of obvious disrepair shall be stored outside. 8. There shall be no auto body work. 9. All newly installed outdoor lighting shall be shielded to direct light and glare onto the premises and shall be deflected, shaded, and focused away from adjoining property. Any newly installed outdoor lighting fixtures shall not be erected any higher than 14 feet. 10. The existing free-standing sign may be utilized but shall not be enlarged in height or width. There shall be no other signs or neon or L.E.D. signs or accents installed on any wall area of the exterior of the building, or within or on any windows, doors, light poles, canopy supports, or any other portion of the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. 11. There shall be no pennants, streamers, balloons, portable signs, banners, or similar attention-seeking devices displayed on the site or the vehicles. 12. Only one access point shall be allowed on each street abutting the site per the Public Works Specifications and Standards. The two existing access points closest to the Independence Boulevard/Edwin Drive intersection shall be removed, and shall be curbed as specified in the Public Works Specifications and Standards and landscaped as specified in the above Condition 3. RORY KENNEDY / SMO, INC. Agenda Item 3 Page 4 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. 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. RORY KENNE~'Y/ SMO, iNC. Agenda item 3 Page 5 AERIAL OF SITE LOCAT(QN RORY KENNEDY / SMO, INC. ~-genda Item 3 Page 6 RORY KENNEQY / SMO, tNC. Agenda Item 3 Page 7 PIANiERS PRIVET HEDGE 'GREEN FENCE' ~ SMALL COLORFUL GROUND PLANTS (~ 18'-24' SHRU85 PROP06ED CURBING 4 EX151R8; SffE LIGNi1NC 0 10' ZO' 40' 80' L_~. PROPOSED SITE PLAN RORY KENNEDY / SMO, INC. Agenda Item 3 Page 8 50U1H INDEPENDENCE BLVD. - PHOTOGRAPHS OF- BU#LD#NG g RORY KENNEDY / SMO, tNC. Agenda Item 3 Page 9 DISCLOSURE STATEMENT APPLICANT DISCLOSURE if the applicant is a corpcxat~n, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the appi~ant rime followed by the names of ail officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List. all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list>inecessary) ,~.-1 ~ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorpwa~d organization. F'~ltTY OWM~2 piSCLOSUi Complete tl`ris section onty rf property owner is different from applicant. if the property owner is a corporation, partnership, firm, business, or other unincorporated organization, corplete the following: 7. List the property owner name followed by the names of all officers, memt~ers, trustees, partners, etc. below: (Attach .list If necessary) ~. t3t..~ctc CacK. GUl t.ts , Cam/ M, L. ~i ULz, ? 2. List all businesses that have a parerft-subsidiary' or affiliated business entity2 relationship with tt~ applicant: (Attach list if necessary) Check here if the property owner is NOT a t~poration, partnersh~r, firm, business, or other t incorporated organization. ~ 8 See next page for footriotes Does an official or employee of the of Virginia Beach have an interest in the subjed land? Yes No ~~ if yes, what is the name of the official or employee and the nature of !heir interest? ua ran no~aua, r~ee~~o Rena ~rarloo~ DISCLOSURE }.-~ F-~ W c~ I-"~ ~..., O V ~'ATEMENT RORY KENNE{]~' / SMO, INC. Agenda Item 3 Page 11 H ~~ DISCL.OSURE STATEMENT C~ F~~t ~~ •t ~^~1 ~a°~ ~y •e F"'r ~~ ~~ A-~ ~7 1~~ ~~ t~' ~~ ~a~~ ~~ F~~ ~~ ~' ~~ ~~ AaomofyAi asc~osu~s Lint sit iatoWm c~rNra~ars or tnrsfrtestees that nave ~ wpl provide services with respect to ttte requetrted propf:rty use, wtc~,dKtg but net lirrtited ~ the providers of arrhitedural services, real estate services, fxtanc~ ceMoes, accounting servfces, end legal services: (Attach Net K rrecxsaaryj "pArent-subs~ery re~tlOrrstNp" mauls "e retstiortshq~ that eXreb when one corporation dlreegy Or itdirectly tnwns stteres possessing more than 3Q prwc:ertt at the voting power of anagier corporation.' Sea State and Local Oovernmsrd Conflict of fnterssts Act, Va. Cods § Z.2-3tOt. : "AfflYated business entity rdationstaip' means "a rei~lortsh~, other than parent. subsidiary ~, that exfsh wrhsn (n one btaHresrr entity tree a rxmtrolNng ownership inter+ast in the other btgMess enhly . (~ a oorttrotNrtg owner in one erNby a ~ a canboNirrg owner in the other rmtity, er (~) there ~ shared management m certvol between the business entities. Far~ra ih~ short be Con sidsrsd M desern~rtg the sxL+tenoe of an aftitiated business entity relationattlp include that the same pet~son or substantialy tare same person awn or manage the two entlfjss: dtae are corr-mon or rmmrrdrt~d funds or assets, the business entities sham tM use d ~a same offices ar employees or otherwise ahsrce sCfi+rities, tesottr+ces ar panortnat on a roytdar b~1s; or theme ft othemiae a cbss worker rniadonsh~ between the entities.' See 81~s and Local Govemrrbnt tonfllct of Interests Act, Va. Cow § 2.2-3t01. Ct?RTtFiGA7fONt: I certly tl>u the ~ftonruWor- eorkained ttarein is trw and aa~re~. t tmdarstand test, Mott receipt of rtoNficadiorl(postcard) that ris spprigrtton tees bs~ scF,aduled to public hearing,) am a for end posting the reptissd sib on the subject proparttr at least 30 prior to ms sdtaduted twbtic traarirtg aooordlrp u Mrs insUudbryl in this padcsye. The P af•o uadvmM~t ihssibs kx t by ~ ~eas~lh!' mD~bnetlt o1 Pht>~ph P~po~ D-~~+g n9 +pl~k~Non- t`~or~K~r.~.eo~Y Prk~t N-'wr+e '~~ Print Nafuuna ConeNtionM Ute Prarnut Apgfoalon Paw to d ~o RsvMad 7/312007 DISCLOSURE STA7E1~IENT~ RORY KENNEDX / SMO, INC. ,4genda Item 3 Page 12 1 05/09/2000 USE PERMIT bank drive-throu h Granted 2 09/12/2000 REZONING R-10 to A-12 Granted 3 08/05/2003 STREET CLOSURE Granted 4 02/24/2009 USE PERMIT bank drive-throu h Withdrawn 5 02/24/2009 USE PERMIT bank drive-throu h Granted ZONING HISTORYK H1-SEA, LLC Agenda -Item 9 ...Page 10 ~~~.~~~: ~~ CITY OF VIRGINIA BEACH AGENDA ITEM _ _ ITEM: HI-SEA, LLC, Conditional Use Permit (bank drive-throus~h), west side of Pacific Avenue between 32nd Street and Laskin Road. BEACH DISTRICT. MEETING DATE: August 10, 2010 ^ Background: The applicant requests a Conditional Use Permit for adrive-through associated with a financial institution that will be located on the first floor of a proposed mixed-use development that the applicant has named "Beach Centre." The development site for the mixed-use project consists of the entire block bounded by Laskin Road to the south, Pacific Avenue to the east, 32"d Street to the north, and Arctic Avenue to the west, with the exception of the northwest corner of the block. The development consists of a four to seven-story building fronting on the surrounding roadways, with a parking structure in the center of the block and adjacent to 32"d Street. The proposed bank will fronton Pacific Avenue in a mid- block location. The drive-through facility for the bank will be situated under the second floor of the mixed-use development, mid-block, adjacent to the southern wall of the bank on the first floor. Access to the drive-through will be gained through the ground floor drive aisle of the parking structure, which has two access points on 32"d Street. The drive-through has three lanes, one of which is a short turn-out lane. With the length of the lanes, five to six vehicles can be accommodated. The exit to the drive-through, where it will cross the sidewalk, will narrow down to a width slightly larger than a single drive lane. Turning movement on to Pacific Avenue will be limited to right-only. ^ Considerations: The Beach Centre development and the City's related infrastructure improvements represent efforts that implement the recommendations of the Comprehensive Plan, and more specifically, the Resort Area Strategic Action Plan (RASAP). As noted under the Comprehensive Plan section, the Laskin Gateway District is intended to be the "Resort Area's established location for high-end retail for tourists and locals alike." The first levels of the Beach Centre project will help fulfill that goal by providing an array of retail, restaurant, office, and service businesses. The applicant's request for the drive-through facility is Hi-Sea, LLC Page2of3 drive-through facility is directly related to a bank that will serve both local resident:~ and visitors to the Resort Area. The drive-through will be located in a mid-block location, which results in the access K-oint being equidistant from the intersections of Pacific Avenue with 32"d Street and Laskin Road. To further reduce the potential for traffic conflicts, the applicant has agreed to the conditions below for a reduction of the width of the drivewa~~ where it crosses the Pacific Avenue sidewalk to a single lane and for providinct a surface treatment that matches the sidewalk at the point where the drivewa~~ crosses the sidewalk. Most importantly, the drive-through is located within th~s building, beneath the first story of the building, which virtually eliminatE:s the negative impacts traditionally associated with drive-through facilities. Staff, thE:refore, recommends approval of this Use Permit with the conditions below. There w~~s no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The drive-through facility shall be located substantially as shown on the submitted plan, entitled "Beach Centre, Site /Ground Floor Plan," dated April 5, 2010, by Cox, Kliewer & Company, P.C., Architecture. 2. The rnaximum width of the exit driveway as it intersects the Pacific Avenue sidewralk shall not exceed 15 feet. The applicant shall install signage and pavement markings prohibiting drivers from making a left turn on to Pacific Avenue. 3. The ~ipplicant shall install signage and pavement markings prohibiting drivers on P~icific Avenue from attempting to turn into the driveway exit. 4. The ~~rea of the pedestrian crossing's intersection with the exit driveway shall be pr~~vided a surface treatment matching the appearance of the Pacific Avenue sidewalk as closely as possible. 5. The ~~pplicant shall submit a photometric lighting plan for the drive-through area 1:o the Development Services Center with the submission of the site plan for this development project. Hi-Sea, LLC Page 3 of 3 ^ 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 . .,r.,~ Item #9 Hi-Sea, L.L.C. Conditional Use :Permit West Side of Pacific Avenue between 32nd Street and Laskin Road District 6 Beach July 14, 2010 CONSENT GPIN: 2428022137; 2428021279; 2428021279; 2418929234; 2428021184; 2428022137; 2428022137; 2418929234; 2428020257; 2418928141 An application of Hi-Sea, L.L.C. for a Conditional Use Permit for a bank drive-through on property located on the west side of Pacific Avenue between 32"d Street and Laskin Road. CONDITIONS 1. The drive-thrc-ugh facility shall be located substantially as shown on the submitted plan, entitled "Beach Centre, Site /Ground Floor Plan," dated April 5, 2010, by Cox, Kliewer & Company,l'.C., Architecture. 2. The maximurr~ width of the exit driveway as it intersects the Pacific Avenue sidewalk shall not exceed 15 feet. The applicant shall install signage and pavement markings prohibiting drivers from making a left turn on to Pacific Avenue. 3. The applicant shall install signage and pavement markings prohibiting drivers on Pacific Avenue from ~ittempting to turn into the driveway exit. 4. The area of thy; pedestrian crossing's intersection with the exit driveway shall be provided a surface treatment matching the appearance of the Pacific Avenue sidewalk as closely as possible. 5. The applicant :hall submit a photometric lighting plan for the drive-through area to the Development :3ervices Center with the submission of the site plan for this development project. 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 By a vote of 11-0, the Board has approved the application of Hi-Sea, L.L.C. i T~ ~f J • # ^ ifs «.. Q. ~w d »O ~ ~ ~~ w ao v~ ,~« ~~ ~~ ~n o~ N OC J "'°~ ~'-_. ~ Hi-Sea, LLC ,~^ ---_ _ - ~ ~~~ __ ~~~ - - ,...- RT3 : _ ,~ A3z ~ =A2d ~` ~~ ~ R~2 t in~r ~~ ,~~ :. ~ ~ ~. ~ ~ ~ ti t rte"'-°° Y 1 ~' RT3 ~ RT3 ~ ti ~ , ~. ~ ~~ . _ ~ ~ ~ ~ ~ M.~--~~ BZ _ t ~ "~ .. ~ .. Y~ ~ ~ ~ ~ PF'~§ ~'' ~ ~ i~~rr ~ • ~ 4 2 ~ ~ ^~ .. t i ~~ _ 4 1 ~ ~ ~•~ ~ ~ ~~ ~, FF ~ ~, ~ ~ , " ~; ~ R ~ ~~ , ~~ ~ 'R'te, =RT1 ~-~,: ,. . 4 '" w. cud-oNrr tt~rotyA FaaA@Iy REQUEST: Conditional Use Permit (drive-through facility for bank) July 14, 2010 Public Hearing APPLICANT AND PROPERTY OWNER: HI-SEA, LLC STAFF PLANNER: Stephen J. White ADDRESS /DESCRIPTION: west side of Pacific Avenue between 32nd Street and Laskin Road GPIN: 2428022137;2428021279; 2428021279;2418929234; 2428021184;2428022137; 2428022137;2418929234; 2428020257;2418928141 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for adrive-through associated with a financial institution that will be located on the first floor of a proposed mixed-use development that the applicant has named "Beach Centre." The development site for the mixed-use project consists of the entire block bounded by Laskin Road to the south, Pacific Avenue to the east, 32"d Street to the north, and Arctic Avenue to the west, with the exception of the northwest corner of the block. The development consists of a four to seven-story building fronting on the surrounding roadways, with a parking structure in the center of the block and adjacent to 32"d Street. The proposed bank will front on Pacific Avenue in a mid-block location. The drive-through facility for the bank will be situated under the second floor of the mixed-use development, mid-block, adjacent to the southern wall of the bank on the first floor. Access to the drive- through will be gained through the ground floor drive aisle of the parking structure, which has two access points on 32nd Street. The drive-through has three lanes, one of which is a short turn-out lane. With the length of the lanes, five to six vehicles can be accommodated. The exit to the drive-through, where it will HI-SEA, LLC Agenda -Item 9 Page 1 ELECTION SITE SIZE: AICUZ: DISTRICT: Total Site: 2.97 acres 65 - 70 dB DNL, Sub-Area 1 BEACH Bank: 2,001 SF Drive-Through: Approximately 3,500 SF cross the sidewalk, will narrow down to a width slightly larger than a single drive lane. Turning movement on to Pacific Avenue will be limited to right-only. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Retail shops / B-2 Community Business District USE AND ZONING: South: Wachovia Bank / B-2 Community Business District East: Wachovia Bank / B-2 Community Business District West: Single-family homes / R-10 Residential District NATURAL F:ESOURCE AND The majority of the site is grass field. There are a two large oak trees CULTURAL FEATURES: aside of the existing ditch bank. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as part of Strategic Growth Area (SGA) 8 - RE:sort Area. Specific planning guidance for this SGA is provided by the Resort Area Strategic Action Plan (RASAP). The subject site is located within the Laskin Gateway District. The Comprehensive Plan notes that this district is "the Oceanfront Resort Area's established location for high-end retail for tourists and locals alike," and furthermore notes that development should be "scaled to the needs of adjacent neighborhoods [mixing] new residential opportunities with active street level retail uses," (p. 2-28). On September 8, 2009, the City Council approved aNon-Binding Term Sheet with the applicant that provides for the City to make improvements to the roadway and utility infrastructure located around the development block to supF~ort the applicant's development project. Some of those improvements are programmed as part of the Capital Improvement Program (CIP) Project 2-143, Laskin Road Gateway improvements, as noted in the MTP /CIP suction of this report below. Additional information can be obtained on the City's Web pages at the following loc~ition: httq:l/www.vbgov.com/file source/dept/mcoNVebPaoe/HotTopics/Laskin%20Road%20Gatewav/Docu menu/cc beach centre 081109.odf CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Pacific Avenue in the vicinity of this site is a four-lane minor urban arterial roadway, with a variable right-of-way width of seventy to eilahty feet. The City's Master Transportation Plan designates this roadway as an undivided, seventy-foot ~ight-of-way width arterial. Minor street improvements to Pacific Avenue, particularly restriping and added si~3nalization, are planned and under construction as part of the Capital Improvement Program (CIP) Project 2-143, Laskin Road Gateway improvements. TRAFFIC: Street Name present present Capacity Generated Traffic Volume Pacific Avenue 23,000 ADT 14,800 ADT (Level of Land Use without Drive- (2009) Service "C") - 27,400 Through Z- 140 ADT (24 ADT' (Level of Service peak hour) "E") Land Use with Drive- Through Z- 300 (52 peak hour Average Daily Trips Zas defined b 2,000 SF bank • The particularly limited setback of the proposed development from the right-of-way line along Pacific Avenue means that vehicles exiting the site at the proposed Bank Drive-Thru Exit will be forced to pull further out towards the travel way in order to obtain the needed sight distance to make their turning movement. This maneuver will put the vehicle in the direct path of pedestrian traffic along Pacific Avenue, further creating a safety hazard for pedestrians. • The exit driveway will need to be clearly distinguished as a right-out exit only. To that end, the width of the driveway will need to be reduced from the 23'-8" shown on the submitted floor plan, and the northern curb will need to be extended southward and the curb radius reduced to discourage drivers from attempting to make a left turn out of the garage. Additional signage and markings will likely also be needed to discourage drivers on Pacific Avenue from attempting to turn into the driveway exit. WATER AND SEWER: The site is already connected to City water and sewer service. The drive-through use will have no affect on these services. EVALUATION AND RECOMMENDATION The Beach Centre development and the City's related infrastructure improvements represent efforts that implement the recommendations of the Comprehensive Plan, and more specifically, the Resort Area Strategic Action Plan (RASAP). As noted under the Comprehensive Plan section at the beginning of this report, the Laskin Gateway District is intended to be the "Resort Area's established location for high••end retail for tourists and locals alike." The first levels of the Beach Centre project will help fulfill that goal by providing an array of retail, restaurant, office, and service businesses. The applicant's request for the drive-through facility is directly related to a bank that will serve both local residents and visitors to the Resort Area. The drive-through will be located in a mid-block location, which results in the access point being equidistant from the intersections of Pacific Avenue with 32"d Street and Laskin Road. To further reduce the potential for traffic conflicts, the applicant has agreed to the conditions below for a reduction of the width of the driveway where it crosses the Pacific Avenue sidewalk to a single lane and for providing a surface treatment that matches the sidewalk at the point where the driveway crosses the sidewalk. Most importantly, the drive-through is located within the building, beneath the first story of the building, which virtually eliminates the negative impacts traditionally associated with drive-through facilities. Staff, therefore, recommends approval of this Use Permit with the conditions below. 1. The drive-through facility shall be located substantially as shown on the submitted plan, entitled "Be~ich Centre, Site /Ground Floor Plan," dated April 5, 2010, by Cox, Kliewer & Company, P.C., Arcl-~itecture. 2. The maximum width of the exit driveway as it intersects the Pacific Avenue sidewalk shall not exceed 15 feet. The applicant shall install signage and pavement markings prohibiting drivers from making a left tum on to Pacific Avenue. 3. The applicant shall install signage and pavement markings prohibiting drivers on Pacific Avenue from attempting to tum into the driveway exit. 4. The area of the pedestrian crossing's intersection with the exit driveway shall be provided a surface trea~:ment matching the appearance of the Pacific Avenue sidewalk as closely as possible. 5. The applicant shall submit a photometric lighting plan for the drive-through area to the Development Sen~ices Center with the submission of the site plan for this development project. 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 ofPlanning /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 Otgce within the Police Department` for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. HI-SEA, LLC Agenda Jtem 9 Page 4 AERIAL OF SITE LOCATIbN , HI-SEA, LLC Agenda Item 9 Page 5 ~4 ~ C k /~~. i ~.r !" 'z `, ' ~i ', m i -z, m t ~ _ ~~~ i a z, N: ~3 // ~ ~ ~~ C a: ~= a ; z ~' ~ ~' ~` - ~/ ~~ ~` tlt: ~~ ~ •; L+. [C ~i i ~~ ~$~ C5 .o-.to~ PACIFIC AVENUE -r~, 1 ~ ~ ~ t F i y.~ ~, ~ ~ ~= ~ _C7 ~ C_ . __ _- --. PROPOSED SITE PL/~N H~-SEA,ILC y4genda -Item 9 Page 6 ARCTIC AVENUE .~ _. \1, 11- ..~~y, !- ~ ~ j ~`~j Y~ ,-. ~_ O ? q O Q N t < ~ J x d t~ 1 a ~~ ~ 9 , € ~- am ~~ f ~ ~f h ij _.. ~° ~9 I } !~ r 1 -~~ E r - - '' ~'~: zs ~ ~ ...~, ~ c.~,x Gc )T,DI~I° PIII~ ~EaE~~ ~~,M BEAG~ ~EN7E ~ ~""` Sf'E ! GROVthD flOOR P',J~pv _ `~ vwowucnc+rvno~ ~4.tl ~ L,1. a~aoie• ;~ C C[ ~ i[ 4 T t` ~! SSIi 4ptGUtl tLaCH 6@UIZ1>fC ~ ~~~~ t 1 ~15.941t~t~1 ~ MC 1C W'9fi. N1 e.~ 1S..W i 1~.Y~w~sY~WrM Q ~i0iff W/~p~4RMT Q~~~,N~S.ll:~~ - _~-~ V 'G ~ I I t ~i «...«.nc 1p - r}„r t_ - _. i- lil 2 w _U LL U 4 a M~ me um .n z ~ i. ~ ,~ x ~„ .,,~ ,,.n,, ~« ~ ,f _ _ ~ -. r-~~~. ~~t _, °"•`q ~ PROPOSED SITE PLAN a . Hl-SEA, LLC ,;Agenda -Item 9 Page 7 ~<~ C i~'J., . ~-, ~~' "_.--r+. PROPOSED BUILDING RENDERINGS" H1-SEA, LLC Agenda -Item 9 :Page; 8 ._. S' I : ;rs ,_~1... F F_ 'f 4~~~• ~« it ;L.' k'* f f PROPOSED BUILDING ELEVATION ' HI-SEA, LLC -~ f~genda Item 9 Page 9 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the app)cant is a corporation, partnership, fine, business, or ottter unincorporated org~ization, owr~lete the fdbwing: 7. List the ap~icant name foNowed by the names of al! officers, members, trustees, partrr~s, etc. bebw: (Attach flat If necessary) Please see attached 2. List all bus~resses that have aparent-subsidiary or affiliated business entityz relationsh~ with the appNc~nt: (Attach list if neosssaryJ Please set attached p Check here h the apptcant is NOT a corporation, partnership, firm, business, or other uNncorporated crganization. PROPERTY OWNER DISCLOSURE Compete this section only if property owner is dr7ferent from applicant, ff the property owner is a oarporativrl, pa-tnerstsp, firm, twsiness, or otter unincrorporated orgarrzatior-; c~nplete the foNowthp: 1. List the property owner name fotiowed by tt,e names of ail offiwers, members, trustees, partners, etc. below: (Attach pat tf necessary) 5arr~ as Appt 2. List ai! iws~eases that t~ve a parent-subsKliary~ ~ affiliated bus'a~ess entityz re~tionship with the appiicarU: (Attach trsflf necessary} Same ~ Appkctrtt Cttedc here if the property owner is NOT a corporation. Partnership, firm. business, or other ur~ncaporated orgartiizaiian. & yes r~zt papa ~r toctrwtes Does ~ officisd or employee of the City of V~nia Beach have ~ interest in the subject land? Yes _ IVo x if yes, what is the name of the offices or employee and the nature of their interest? conatknal uae vermta /lppttadan r.~sw~n Revtasd 7,'N2ff07 O r--i fw-+ W O V Y ~~ ~, H1-SEA, LLC Agenda Item 9 Page 11 D15CL.OSURE STATEMENT ~~i ~~ ~~ ~T~ !"~'7 !mot At3t)tTt~tAL DtSGLOSURES List a~ !mown contractors ~ txts~tesses that have ~ wiN provide .services witlt rasped to the requested property use, incltid~g but not krrrted to the provi~rs of architedurat services, real estate services, flnanciai services, accounting services, and legal services: {Attach bst if necessary) cox, KNewer 8 t:ompany, P.G. - Ardrnedural services thban Oesign Aseoaates - Piwutktg Services Troutman Sanders LLP -Legal Services ' '~'arer~-s~sidiary p' means `a reiationsit~ that exerts wher- one ca~poration directly nr k-diredty owns shares possessir~7 m~e than SO percent of the voting P of tarother corporation." See State and Loth Govenurtent Contlict of Interests Act, Va. Cade § 2.2-3101. ~ "Affiliated business entity relatlonship' means "a re#fip, other thar- parent- subsidiary rNationsh~, that exists when (i) one twdness ~tity has a cmttrotling otNrtership irNeres! th tl1e otter business entity, {ii) a corttroliing ova in one entity is also a caniroiiing owner in the other entity, or (iii) there ~ shared management or cxrntrol between the kwsiness entities. Factors the aboard be cwtsidered th detemrining the existence of an affiliated business entlty relationship ktdude tttet the same person ~ substantiatly the same percce own a mar-age the two entities; there are comrrxxt or cemmir~led ftaxis or assets; the business entities stt~e the use of the same athces ar employees or ottiervvise share adavities, resouroes or perswxtei on a regular basis; or there is otherwise a dose working relatiansh~ betwreert the entities." See State and Locat Government Contiict of interests Ad, Va. Code 2.2-3101. CERTtF~ATt~t: l cattily that the ~ wrrtairwd herein is true and acaxate. i wWerstand Mat, upon receipt of nottlicatbn (postcwd) that ~ app~tiar h~ been ache~Nd ter pubkc hearkg, I am respons[t>ia for obtaining enet posting Me requk+ed sign at Me subject property at ieast~ days prig b the schedu~ pubtie hearirsg ~cor+~g ffl Me RtsMr~ons ~ this package. The undersigned abo ~msnb to entry upon the sutrjeet property by employees of the Department d Piwtnkrg to photograph arat view the site for purposes of praceasktQ and evatuai~g this appticafbn. Aq~ligaat/7~~P .~-7o t~y"~*~'~S, ~i ~Rn~ Prirtt Name F~V Seine as App[cant Prr~erty Owner's Si~tawre {Y different than applcant) Print Name Cm,sOOVSa use Patnkt AppiCCata~ Pe¢e 10 of r0 rtew.a rrsaocz HI-SEA, LLC Agenda I#em 9 Page 12 OWN~RSI'-IIP STRUCTURE HI-SEA, LLC Heritage Investments, LLC 50% Manager: Professi~ai Hospitality Resow~ces, inc. Sea Realty Co~rafion 50°k, DISCLOSURE STATEMENT OWNERSHIP STRUCTURE HI-SEA, LLC Heritage Investments, LLC and Others &uos 4 Tiwmp~on £drrand C. Rut#n Robert M. lbwrd Con4cR Itane: Robot M. Howard Ptgna Nuntier: p5~ 437-771 Address' 932 La~dn Road VYghb t3eadr, VA 23451 Sea Realty Corpa~ation EY>ab6tlr K Nosy Jane K t3ertasrf Anus G. KeMetn Rebeoa K s Tbsodan ,hekeon vMoa. rv .Iona Todd Burt Ame SkkMy.i~sn AnnPs That UA't7A Floyd E KMNn BerJtys TruN l1INNAlFloyd E ICaNem tMt Y l'NreY Trey ICedara Huey OwdadNama BeRyAmHwy. Plane Number: (7SI) 574.87'98 Addreea: f 54 Pinewood Rued Vkyitis 8sach. YA 23451 DISCLOSURE STATEMENT HI-SEA, LLC x "Agenda Item 9 Page 14 M. APPOINTMENTS MINORITY BUSINESS COUNCIL REVIEW and ALLOCATION COMMITTEE (COG) TIDEWATER COMMUNITY COLLEGE BOARD (TCC) N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 8/10/IOst CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACT/ONS DATE: 07/13/2010 B PAGE: 1 E D S L E D H E W AGENDA L D S I E J S lJ I ITEM # SUBJECT MOTION VOTE I A T E D N O S 13 L W T V E Z Y L N O R S O T 1 P E E E E M 1 O O O S H L R Y S S IJ N D UA CITY COUNCIL BRIEFING: SHERIFF'S COMMISSARY SERVICES REORGANIZATION Ken Stolle, Sheriff IUA GREEN RIBBON COMMITTEE Bany UPDATE Frankenfield, Strategic Growth Area (SGA) Administrator SUSTAINABILITY PLAN Jack Whifiey, Director - Planning PARKING ORDINANCE AMENDMENT Carolyn Smith, ~ Current Planner INTERIM FINANCIAL STATEMENT Patti Phillips, Director - Finance ADD ON PROCLAMATION RECOGNIZING 10-0 Y Y A Y Y Y Y Y Y Y Y HMI INGRID CORTEZ, USN FLEET FORCES COMMAND SEA SAILOR OF THE YEAR III/NNNI CERTIFICATE OF CLOSED SESSION CERTIFIED 10-0 Y Y A Y Y Y Y Y Y Y Y /E F-1 MINUTES -July 6, 2010 APPROVED 9-0 Y Y A Y Y Y Y Y Y A Y B S T A I N E D H-1 PUBLIC HEARING SALE OF EXCESS CITY PROPERTY No Speakers 5241 Princess Anne Road CITY OF V/RGINIA BEA~;H SUMMARY OF COUNCIL ACTIONS DATE: 07/13/2010 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 I P E E E E M 1 O O O S H L R Y S S N N D I :, 1-1. Ordinance to DECLARE portions of City ADOPTED, BY 9-0 Y Y A Y Y Y Y Y A Y Y property EXCESS/AL THORIZE CONSENT B necessary documents: S T a. 232/236/240 [nd ian Avenue re Home A Associates of Virginia Inc, dba I HAV, Inc./Rich:ard Glenn Kinnear N (deferred 7/6/10) E D b. 5241 Princess Anne Road re Virginia Beach .Financial Center, ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y loc. CONSENT 2 Ordinance to ADJUST funding for the ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y Kellam High School replacement project CONSENT 3 Ordinances to APPROPRIATE funds: ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y CONSENT a. $279,846 to the Sheriffs Inmate Services re start-up costs for dining alternatives for nmates/office staff/City Employees b. $187,072 from F1:MA/$46,768 in local match from the State Fire Programs Grants Consolidated Fund re equipment/troiining/equipment c. $7,391 from Va Emergency Management wit:r a local match of $7,391 by TRAPISFERS re Emergency Operations Center d. $500,000 from V.t Information Technologies Agency to Emergency Communications and Citizens Services Department for FY 2010- 11 BudgeU$343,:D57 for restoration of items cut/$156,643 to General Fund for Contingencies: K-1 CLAIRE L. FRIEDBERG closure of APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y unimproved portion of Loretta Lane CONDITIONED (DISTRICT 6 - BEAC 3) BY CONSENT 2 KROGER LIMITED PARTNERSHIP APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y I CUP re auto serviceifuel station at 3330 CONDITIONED Virginia Beach Boulevard (DISTRICT 5 - BY CONSENT LYNNHAVEN) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 07/13/2010 g PAGE: 3 E D S L E D H E W AGENDA L D S 1 E J S 1J I ITEM it SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M l O O O S H L R Y S S N N D 3 CATALDO INDUSTRIES, III, APPROVED AS 10-0 Y Y A Y Y Y Y Y Y Y 1' LLC/JOYCE ANNE LIPTON COZ from PROFFERED, R-7.5 to Conditional O-1 at 4329 Bonney BY CONSENT Road (DISTRICT 5 - LYNNHAVEN) 4 Ordinances to AMEND the CZO DEFERRED 10-0 Y Y A Y Y Y Y Y Y Y 1' INDEFINITELY a. §§203/236 re off-street parking BY CONSENT b. § 111 re definition of "family" ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y 1' CONSENT c. § 104 re civil penalties for zoning ADOPTED, BY ]0-0 Y Y A Y Y Y Y Y Y Y ~' violations CONSENT d. §501/ADD §209.2 re Temporary ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y `( Family Health Care Structures as CONSENT accessory uses/apply regulations for single-family dwellings in residential districts 5 Ordinance to AMEND the Landscape DEFERRED 10-0 Y Y A Y Y Y Y Y Y Y `( Guide re bicycle parking/permeable paves INDEFINITELY BY CONSENT L. APPOINTMENTS Reappointed 5 10-0 Y Y A Y Y Y Y Y Y Y `( COMMUNITY MEDICAL ADVISORY Yr Term COMMISSION 9/1/10-8/31/15 Jack Garrison, M.D. VIRGINIA BEACH DEVELOPMENT Appointed 4 Yr 10-0 Y Y A Y Y Y Y Y Y Y Y AUTHORITY Term 9/1/10- 8/31/14 Linwood O. Branch, III Reappointed 4 Yr Term 9/1/10-8/31/14 C. Maxwell Bartholomew, Jr. John W. Richardson Prescott Sherrod C/TY OF VIRGINIA BEACH SUMMARY OF COUNCIL A('TIONS DATE: 07/13/2010 B PAGE: 4 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 O O S H L R Y S S N N D HUMAN RIGHTS COMMISSION Appointed 10-0 Y Y A Y Y Y Y Y Y Y Y 7/1/10-3/31/13 Geraldine K. Hunt PUBLIC LIBRARY BOARD Reappointed 3 10-0 Y Y A Y Y Y Y Y Y Y Y Yr Term 9/1/10-8/31/13 Diana LaClaire REVIEW & ALLOCATION RESCHEDULED B Y C O N S E N S U S COMMITTEE (COG) M/N/0 ADJOURNMENT 6:15 PM ADDED PRESS RELEASE Announcing partnershiF preservation of Pleasure House Point("Indigo Dunes") Ci , TPL, CBF, WFB AUGUST 3, 2010 WORKSHOP CAKfCLLED TO ACCOMMODATE "NA'TIONAL NIGHT OUT"